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  #1  
Old 02-05-2005, 07:07 PM
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Manzanita Manzanita is offline
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Question Law for victims that takes income from ex-inmates?

My husband told me today about a law that states if an ex-inmate makes any money more than 10K, the Gvt can take it from them and give it to the Victims of the crime while he is on parole and three years after that? And he mentioned the victims family can sue him as well. He even said anyone taking money to hold for the ex-inmate in their name can get penalized as well!

Does anyone know where I can find information on this law? I would like to read it too.

The victims family never came to court hearings, and never wrote to the board when he came up for parole, would they still want to sue him? Where is this law?

This law is very discouraging to us both!
Now he has no hope to save money either or own a car or a house?

What else? :shake:
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  #2  
Old 02-09-2005, 04:05 PM
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N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:

Quote:
213-a. Actions to be commenced within four years; residential rent overcharge.

213-b. Action by a victim of a criminal offense.
Quote:
S 213-b. Action by a victim of a criminal offense. Notwithstanding any
other limitation set forth in this article or in article five of the
estates, powers and trusts law, an action by a crime victim, or the
representative of a crime victim, as defined in subdivision six of
section six hundred twenty-one of the executive law, may be commenced to
recover damages from a defendant: (1) convicted of a crime which is the
subject of such action, for any injury or loss resulting therefrom
within seven years of the date of the crime or (2) convicted of a
specified crime as defined in paragraph (e) of subdivision one of
section six hundred thirty-two-a of the executive law which is the
subject of such action for any injury or loss resulting therefrom within
ten years of the date the defendant was convicted of such specified
crime.

http://assembly.state.ny.us/leg/?cl=16&a=3

Last edited by Mrs. JV; 02-09-2005 at 04:31 PM..
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Old 02-09-2005, 05:06 PM
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you'll be in my prayers
I hope this leads you towards a hopeful outcome
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Old 02-09-2005, 05:54 PM
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thank you, I read that, I have those laws saved too for other reasons, but, I don't get it ...
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Old 02-09-2005, 07:05 PM
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My understanding is that the longest statue of limitations is 10 years (and that's only for "specified" crimes, which may not even apply, in which case it would be 7 years) So, going by the date in your signature, your husband has been in 16.25 years, which means that in any case, the statue of limitations has passed and the victim of the crime can no longer sue him, so no need to worry.
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Old 02-09-2005, 07:18 PM
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http://assembly.state.ny.us/leg/?cl=39&a=56

Go to that link and read S 632-a.
I think this is what your husband was talking about.
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Old 02-09-2005, 07:18 PM
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I thought so....thanks
the victims family never went the hearings and never wrote to parole or anything, they really dissappeared...this was when he was a kid. Thanks.
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Old 02-09-2005, 07:32 PM
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After reading S 632-a. of Executive law article 22, I *think* that it is referring to profit from crime. This section 632-a mentions the whole 3 years after parole, $10,000 thing, that your husband mentioned.... but from what I can understand, I *think* it is only applicable to violation by profiting from the crime. Are there any laywers who can interpret it for us? But this is defintley the law your husband must have heard about.
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Old 02-09-2005, 07:37 PM
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Can anyone read and interpret this law for certain?

Quote:
S 632-a. Crime victims. 1. For the purposes of this section:
(a) "Crime" means (i) any felony defined in the laws of the state; or
(ii) an offense in any jurisdiction which includes all of the essential
elements of any felony defined in the laws of this state and: (A) the
crime victim, as defined in subparagraph (i) of paragraph (d) of this
subdivision, was a resident of this state at the time of the commission
of the offense; or (B) the act or acts constituting the offense occurred
in whole or in part in this state.
(b) "Profits from a crime" means (i) any property obtained through or
income generated from the commission of a crime of which the defendant
was convicted; (ii) any property obtained by or income generated from
the sale, conversion or exchange of proceeds of a crime, including any
gain realized by such sale, conversion or exchange; and (iii) any
property which the defendant obtained or income generated as a result of
having committed the crime, including any assets obtained through the
use of unique knowledge obtained during the commission of, or in
preparation for the commission of, a crime, as well as any property
obtained by or income generated from the sale, conversion or exchange of
such property and any gain realized by such sale, conversion or
exchange.
(c) "Funds of a convicted person" means all funds and property
received from any source by a person convicted of a specified crime, or
by the representative of such person as defined in subdivision six of
section six hundred twenty-one of this article excluding child support
and earned income, where such person:
(i) is an inmate serving a sentence with the department of
correctional services or a prisoner confined at a local correctional
facility or federal correctional institute, and includes funds that a
superintendent, sheriff or municipal official receives on behalf of an
inmate or prisoner and deposits in an inmate account to the credit of
the inmate pursuant to section one hundred sixteen of the correction law
or deposits in a prisoner account to the credit of the prisoner pursuant
to section five hundred-c of the correction law; or
(ii) is not an inmate or prisoner but who is serving a sentence of
probation or conditional discharge or is presently subject to an
undischarged indeterminate, determinate or definite term of imprisonment
or period of post-release supervision or term of supervised release, but
shall include earned income earned during a period in which such person
was not in compliance with the conditions of his or her probation,
parole, conditional release, period of post-release supervision by the
division of parole or term of supervised release with the United States
probation office or United States parole commission. For purposes of
this subparagraph, such period of non-compliance shall be measured, as
applicable, from the earliest date of delinquency determined by the
board or division of parole, or from the earliest date on which a
declaration of delinquency is filed pursuant to section 410.30 of the
criminal procedure law and thereafter sustained, or from the earliest
date of delinquency determined in accordance with applicable federal
law, rules or regulations, and shall continue until a final
determination sustaining the violation has been made by the trial court,
board or division of parole, or appropriate federal authority; or
(iii) is no longer subject to a sentence of probation or conditional
discharge or indeterminate, determinate or definite term of imprisonment
or period of post-release supervision or term of supervised release, and
where within the previous three years: the full or maximum term or
period terminated or expired or such person was granted a discharge by a
board of parole pursuant to applicable law, or granted a discharge or
termination from probation pursuant to applicable law or granted a
discharge or termination under applicable federal or state law, rules or
regulations prior to the expiration of such full or maximum term or
period; and includes only: (A) those funds paid to such person as a
result of any interest, right, right of action, asset, share, claim,
recovery or benefit of any kind that the person obtained, or that
accrued in favor of such person, prior to the expiration of such
sentence, term or period; (B) any recovery or award collected in a
lawsuit after expiration of such sentence where the right or cause of
action accrued prior to the expiration or service of such sentence; and
(C) earned income earned during a period in which such person was not in
compliance with the conditions of his or her probation, parole,
conditional release, period of post-release supervision by the division
of parole or term of supervised release with the United States probation
office or United States parole commission. For purposes of this
subparagraph, such period of non-compliance shall be measured, as
applicable, from the earliest date of delinquency determined by the
board or division of parole, or from the earliest date on which a
declaration of delinquency is filed pursuant to section 410.30 of the
criminal procedure law and thereafter sustained, or from the earliest
date of delinquency determined in accordance with applicable federal
law, rules or regulations, and shall continue until a final
determination sustaining the violation has been made by the trial court,
board or division of parole, or appropriate federal authority.
(d) "Crime victim" means (i) the victim of a crime; (ii) the
representative of a crime victim as defined in subdivision six of
section six hundred twenty-one of this article; (iii) a good samaritan
as defined in subdivision seven of section six hundred twenty-one of
this article; (iv) the crime victims board or other governmental agency
that has received an application for or provided financial assistance or
compensation to the victim.
(e) (i) "Specified crime" means:
(A) a violent felony offense as defined in subdivision one of section
70.02 of the penal law;
(B) a class B felony offense defined in the penal law;
(C) an offense for which a merit time allowance may not be received
against the sentence pursuant to paragraph (d) of subdivision one of
section eight hundred three of the correction law;
(D) an offense defined in the penal law that is titled in such law as
a felony in the first degree;
(E) grand larceny in the fourth degree as defined in subdivision six
of section 155.30 or grand larceny in the second degree as defined in
section 155.40 of the penal law;
(F) criminal possession of stolen property in the second degree as
defined in section 165.52 of the penal law; or
(G) an offense in any jurisdiction which includes all of the essential
elements of any of the crimes specified in clauses (A) through (F) of
this subparagraph and either the crime victim as defined in subparagraph
(i) of paragraph (d) of this subdivision was a resident of this state at
the time of the commission of the offense or the act or acts
constituting the crime occurred in whole or in part in this state.
(ii) Notwithstanding the provisions of subparagraph (i) of this
paragraph a "specified crime" shall not mean or include an offense
defined in any of the following articles of the penal law: articles one
hundred fifty-eight, one hundred seventy-eight, two hundred twenty, two
hundred twenty-one, two hundred twenty-five, and two hundred thirty.
(f) "Earned income" means income derived from one`s own labor or
through active participation in a business as distinguished from income
from, for example, dividends or investments.
2. (a) Every person, firm, corporation, partnership, association or
other legal entity, or representative of such person, firm, corporation,
partnership, association or entity, which knowingly contracts for, pays,
or agrees to pay: (i) any profits from a crime as defined in paragraph
(b) of subdivision one of this section, to a person charged with or
convicted of that crime, or to the representative of such person as
defined in subdivision six of section six hundred twenty-one of this
article; or (ii) any funds of a convicted person, as defined in
paragraph (c) of subdivision one of this section, where such conviction
is for a specified crime and the value, combined value or aggregate
value of the payment or payments of such funds exceeds or will exceed
ten thousand dollars, shall give written notice to the crime victims
board of the payment or obligation to pay as soon as practicable after
discovering that the payment or intended payment constitutes profits
from a crime or funds of a convicted person.
(b) Notwithstanding subparagraph (ii) of paragraph (a) of this
subdivision, whenever the payment or obligation to pay involves funds of
a convicted person that a superintendent, sheriff or municipal official
receives or will receive on behalf on an inmate serving a sentence with
the department of correctional services or prisoner confined at a local
correctional facility and deposits or will deposit in an inmate account
to the credit of the inmate or in a prisoner account to the credit of
the prisoner, and the value, combined value or aggregate value of such
funds exceeds or will exceed ten thousand dollars, the superintendent,
sheriff or municipal official shall also give written notice to the
crime victims board.
Further, whenever the state or subdivision of the state makes payment
or has an obligation to pay funds of a convicted person, as defined in
subparagraph (ii) or (iii) of paragraph (c) of subdivision one of this
section, and the value, combined value or aggregate value of such funds
exceeds or will exceed ten thousand dollars, the state or subdivision of
the state shall also give written notice to the crime victims board.
In all other instances where the payment or obligation to pay involves
funds of a convicted person, as defined in subparagraph (ii) or (iii) of
paragraph (c) of subdivision one of this section, and the value,
combined value or aggregate value of such funds exceeds or will exceed
ten thousand dollars, the convicted person who receives or will receive
such funds, or the representative of such person as defined in
subdivision six of section six hundred twenty-one of this article, shall
give written notice to the crime victims board.
(c) The board, upon receipt of notice of a contract, an agreement to
pay or payment of profits from a crime or funds of a convicted person
pursuant to paragraph (a) or (b) of this subdivision, or upon receipt of
notice of funds of a convicted person from the superintendent, sheriff
or municipal official of the facility where the inmate or prisoner is
confined pursuant to section one hundred sixteen or five hundred-c of
the correction law, shall notify all known crime victims of the
existence of such profits or funds at their last known address.
3. Notwithstanding any inconsistent provision of the estates, powers
and trusts law or the civil practice law and rules with respect to the
timely bringing of an action, any crime victim shall have the right to
bring a civil action in a court of competent jurisdiction to recover
money damages from a person convicted of a crime of which the crime
victim is a victim, or the representative of that convicted person,
within three years of the discovery of any profits from a crime or funds
of a convicted person, as those terms are defined in this section.
Notwithstanding any other provision of law to the contrary, a judgment
obtained pursuant to this section shall not be subject to execution or
enforcement against the first one thousand dollars deposited in an
inmate account to the credit of the inmate pursuant to section one
hundred sixteen of the correction law or in a prisoner account to the
credit of the prisoner pursuant to section five hundred-c of the
correction law. In addition, where the civil action involves funds of a
convicted person and such funds were recovered by the convicted person
pursuant to a judgment obtained in a civil action, a judgment obtained
pursuant to this section may not be subject to execution or enforcement
against a portion thereof in accordance with subdivision (k) of section
fifty-two hundred five of the civil practice law and rules. If an action
is filed pursuant to this subdivision after the expiration of all other
applicable statutes of limitation, any other crime victims must file any
action for damages as a result of the crime within three years of the
actual discovery of such profits or funds, or within three years of
actual notice received from or notice published by the crime victims
board of such discovery, whichever is later.
4. Upon filing an action pursuant to subdivision three of this
section, the crime victim shall give notice to the crime victims board
of the filing by delivering a copy of the summons and complaint to the
board. The crime victim may also give such notice to the board prior to
filing the action so as to allow the board to apply for any appropriate
provisional remedies which are otherwise authorized to be invoked prior
to the commencement of an action.
5. Upon receipt of a copy of a summons and complaint, or upon receipt
of notice from the crime victim prior to filing the action as provided
in subdivision four of this section, the board shall immediately take
such actions as are necessary to:
(a) notify all other known crime victims of the alleged existence of
profits from a crime or funds of a convicted person by certified mail,
return receipt requested, where the victims` names and addresses are
known by the board;
(b) publish, at least once every six months for three years from the
date it is initially notified by a victim, pursuant to subdivision four
of this section, a legal notice in newspapers of general circulation in
the county wherein the crime was committed and in counties contiguous to
such county advising any crime victims of the existence of profits from
a crime or funds of a convicted person. For crimes committed in a county
located within a city having a population of one million or more, the
notice shall be published in newspapers having general circulation in
such city. The board may, in its discretion, provide for such additional
notice as it deems necessary;
(c) avoid the wasting of the assets identified in the complaint as the
newly discovered profits from a crime or as funds of a convicted person,
in any manner consistent with subdivision six of this section.
6. The board, acting on behalf of the plaintiff and all other victims,
shall have the right to apply for any and all provisional remedies that
are also otherwise available to the plaintiff.
(a) The provisional remedies of attachment, injunction, receivership
and notice of pendency available to the plaintiff under the civil
practice law and rules, shall also be available to the board in all
actions under this section.
(b) On a motion for a provisional remedy, the moving party shall state
whether any other provisional remedy has previously been sought in the
same action against the same defendant. The court may require the moving
party to elect between those remedies to which it would otherwise be
entitled.
7. (a) (i) Whenever it appears that a person or entity has knowingly
and willfully failed to give notice in violation of paragraph (a) or (b)
of subdivision two of this section, other than the state, a subdivision
of the state, or a person who is a superintendent, sheriff or municipal
official required to give notice pursuant to this section or section one
hundred sixteen or section five hundred-c of the correction law, the
board shall be authorized to serve a notice of hearing upon the person
or entity by personal service or by registered or certified mail. The
notice shall contain the time, place and purpose of the hearing. In
addition, the notice shall be accompanied by a petition alleging facts
of an evidentiary character that support or tend to support that the
person or entity, who shall be named therein as a respondent, knowingly
and willfully failed to give notice in violation of paragraph (a) or (b)
of subdivision two of this section. Service of the notice and petition
shall take place at least fifteen days prior to the date of the hearing.
(ii) The chairperson of the board, or any board member designated by
the chairperson, shall preside over the hearing. The presiding member
shall administer oaths and may issue subpoenas. The presiding member
shall not be bound by the rules of evidence or civil procedure, but his
or her determination shall be based on a preponderance of the evidence.
At the hearing, the burden of proof shall be on the board, which shall
be represented by the counsel to the board or another person designated
by the board. The board shall produce witnesses and present evidence in
support of the alleged violation, which may include relevant hearsay
evidence. The respondent, who may appear personally at the hearing,
shall have the right of counsel and may cross-examine witnesses and
produce evidence and witnesses in his or her behalf, which may include
relevant hearsay evidence. The issue of whether the person who received
an alleged payment or obligation to pay committed the underlying crime
shall not be re-litigated at the hearing. Where the alleged violation is
the failure to give notice of a payment amount involving two or more
payments the combined value or aggregate value of which exceeds ten
thousand dollars, no violation shall be found unless it is shown that
such payments were intentionally structured to conceal their character
as funds of a convicted person, as defined in this section.
(iii) At the conclusion of the hearing, if the presiding member is not
satisfied that there is a preponderance of evidence in support of a
violation, the member shall dismiss the petition. If the presiding
member is satisfied that there is a preponderance of the evidence that
the respondent committed one or more violations, the member shall so
find. Upon such a finding, the presiding member shall prepare a written
statement, to be made available to the respondent and respondent`s
counsel, indicating the evidence relied on and the reasons for finding
the violation.
(iv) The board shall adopt, promulgate, amend and repeal
administrative rules and regulations governing the procedures to be
followed with respect to hearings, including rules and regulations for
the administrative appeal of a decision made pursuant to this paragraph,
provided such rules and regulations are consistent with the provisions
of this subdivision.
(b)(i) Whenever it is found pursuant to paragraph (a) of this
subdivision that a respondent knowingly and willfully failed to give
notice in violation of paragraph (a) or (b) of subdivision two of this
section, the board shall impose an assessment of up to the amount of the
payment or obligation to pay and a civil penalty of up to one thousand
dollars or ten percent of the payment or obligation to pay, whichever is
greater. If a respondent fails to pay the assessment and civil penalty
imposed pursuant to this paragraph, the assessment and civil penalty may
be recovered from the respondent by an action brought by the attorney
general, upon the request of the board, in any court of competent
jurisdiction. The board shall deposit the assessment in an escrow
account pending the expiration of the three year statute of limitations
authorized by subdivision three of this section to preserve such funds
to satisfy a civil judgment in favor of a person who is a victim of a
crime committed by the convicted person to whom such failure to give
notice relates. The board shall pay the civil penalty to the state
comptroller who shall deposit the money in the state treasury pursuant
to section one hundred twenty-one of the state finance law to the credit
of the criminal justice improvement account established by section
ninety-seven-bb of the state finance law.
(ii) The board shall then notify any crime victim or crime victims,
who may have a claim against the convicted person, of the existence of
such moneys. Such notice shall instruct such person or persons that they
may have a right to commence a civil action against the convicted
person, as well as any other information deemed necessary by the board.
(iii) Upon a crime victim`s presentation to the board of a civil
judgment for damages incurred as a result of the crime, the board shall
satisfy up to one hundred percent of that judgment, including costs and
disbursements as taxed by the clerk of the court, with the escrowed fund
obtained pursuant to this paragraph, but in no event shall the amount of
all judgments, costs and disbursements satisfied from such escrowed
funds exceed the amount in escrow. If more than one such crime victim
indicates to the board that they intend to commence or have commenced a
civil action against the convicted person, the board shall delay
satisfying any judgment, costs and disbursements until the claims of all
such crime victims are reduced to judgment. If the aggregate of all
judgments, costs and disbursement obtained exceeds the amount of
escrowed funds, the amount used to partially satisfy each judgment shall
be reduced to a pro rata share.
(iv) After expiration of the three year statute of limitations period
established in subdivision three of this section, the board shall review
all judgments that have been satisfied from such escrowed funds. In the
event no claim was filed or judgment obtained prior to the expiration of
the three year statute of limitations, the board shall return the
escrowed amount to the respondent. In the event a claim or claims are
pending at the expiration of the statute of limitations, such funds
shall remain escrowed until the final determination of all such claims
to allow the board to satisfy any judgment which may be obtained by the
crime victim. Upon the final determination of all such claims and the
satisfaction of up to one hundred percent of such claims by the board,
the board shall be authorized to impose an additional civil penalty of
up to one thousand dollars or ten percent of the payment or obligation
to pay, whichever is greater. Prior to imposing any such penalty, the
board shall serve a notice upon the respondent by personal service or by
registered or certified mail of the intent of the board to impose such
penalty thirty days after the date of the notice and of the opportunity
to submit documentation concerning the board`s determination. After
imposing and deducting any such additional civil penalty, the board
shall distribute such remaining escrowed funds, if any, as follows:
fifty percent to the state comptroller, who shall deposit the money in
the state treasury pursuant section one hundred twenty-one of the state
finance law to the credit of the criminal justice improvement account
established by section ninety-seven-bb of the state finance law; and
fifty percent to the respondent.
(v) Notwithstanding any provision of law, an alleged failure by a
convicted person to give notice under this section may not result in
proceedings for an alleged violation of the conditions of probation,
parole, conditional release, post release supervision or supervised
release unless: one or more claims were made by a crime victim against
the convicted person pursuant to this section, and the crime victims
board imposes an assessment and/or penalty upon the convicted person
pursuant to this section, and the convicted person fails to pay the
total amount of the assessment and/or penalty within sixty days of the
imposition of such assessment and/or penalty.
(vi) Records maintained by the board and proceedings by the board or a
board member based thereon regarding a claim submitted by a victim or a
claimant shall be deemed confidential, subject to the exceptions that
appear in subdivision one of section six hundred thirty-three of this
article.
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Old 02-09-2005, 08:37 PM
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thanks again I did not see all of this you added until now...thanks again, I am going to read theough all of this and maybe send it to him.
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Old 04-09-2005, 08:02 AM
fellowtraveler fellowtraveler is offline
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Default can they take money from inmate's wife?

Hi, does anyone know if they can confiscate money from the wife (me)? My husband has told me, for instance, that if he comes into money over $10,000 (his mother has listed him on a small life insurance policy), the state will take anything over the $10,000. But what if I come into any money, is there any way that it can be taken?
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