Require Return of Jail Commissary Money Upon Release
Enacted on Oct 27, 2026
Signed into Law
Local Law 2026/157
✦ Plain-Language Summary
This bill would require the Department of Correction to tell people in jail how much money they have left in their commissary account and give them all unused money in cash before they are released. Currently, people may not get back money they had for buying items while incarcerated.
The story behind this bill
Why it was introduced
The Department of Correction holds millions of dollars that belong to people after they leave jail. As of 2025, about $4.3-4.55 million sat unclaimed across more than 175,000 commissary accounts, largely because people could only get $200 cash at release, had to request checks for the rest, and had to use an online form to check balances.
At the hearings
Committee on Criminal Justice · 2026-02-19
Mostly an oversight hearing on jail and probation programming; Int 246 was briefly discussed. DOC said it does not want to keep incarcerated people's money and would work with the Council, noting most balances are under $100 or $200.
In support
- Freedom Agenda (Darren Mack, Brian Carmichael, Eduardo Rodriguez): Supported Int 246 and urged adding a preloaded debit card option for released people.
- Center for Community Alternatives (Patrick Stephens): Said commissary funds aren't reliably returned now and urged stronger enforcement so people get money back.
- Victor Herrera (community member): Said it was upsetting that his incarcerated brother could not easily get his leftover commissary money back.
Raised concerns
- DOC General Counsel James Conroy: Said 70% of accounts hold under $100 and DOC wants to improve messaging, not necessarily change the cash cap.
City agencies: DOC said it does not want to hold people's money, that most balances are small, and that it wants to work with the Council on solutions, including better messaging to people in custody.
“We do not want that money. We shouldn't have that money. It belongs to the people who are in our care.”
“We don't want the money. We have a desire to move this out. We do find that 70 percent of the people in custody have an amount that's less than $100.”
Show 1 more hearing
Committee on Criminal Justice · 2026-09-23
The committee voted on an amended version of the bill (Int 246-A), which added options for cash, check, or a preloaded debit card, and rules for transferring funds between facilities. The committee approved it unanimously.
In support
- Council Member Brooks-Powers (Chair): Said the bill gives clearer, more accessible ways for people to get their own money back after release.
“Ensuring that individuals can readily access their own funds upon release is particularly important as they transition back into the community and may need those funds to address immediate expenses.”
How it turned out
The bill passed the committee 6-0 and the full Council 46-1 (with absences) on 2026-09-24. The Mayor did not sign it; it became law anyway on 2026-10-26 under the City Charter rule allowing bills to take effect without the Mayor's signature after a set period.
What changed along the way
- Added option to receive funds by preloaded debit card (available 9 months after the law takes effect), not just cash or check
- Removed the automatic $200 cash cap at discharge; individuals can now get all funds in cash immediately upon request
- Added notice requirements and a 30-day transfer rule when a person is moved to another correctional facility that holds institutional funds
- Renamed 'commissary funds' to 'institutional funds' throughout the law
- Extended the effective date from 180 days to 270 days after becoming law
What the record doesn’t say
- The documents do not explain why the Mayor returned the bill unsigned rather than vetoing or signing it, or what objections, if any, the administration had by that point.
- The record does not show whether DOC raised the safety concerns about cashier windows becoming 'targets for criminal acts' (mentioned in the September report) during the September 2026 vote itself, since DOC did not testify at that hearing.
- The documents do not explain why the final Council vote tally included multiple absences and one member listed as 'Medical.'
Sources
- Fiscal Impact Statement - City Council
- Committee Report 2/19/26
- Hearing Transcript 2/19/26
- Memorandum in Support
- Proposed Int. No. 246-A Fiscal Impact Statement - City Council
- Committee Report 9/23/26
- Committee Report - Stated Meeting
- Hearing Transcript 9/23/26
Written by AI from official Council records. Votes and status come from the record; quotes are checked word for word against the official hearing transcripts.
Details
- Introduced
- Jan 29, 2026
- Passed Council
- Oct 24, 2026
- Enacted
- Oct 24, 2026
- Body
- Committee on Criminal Justice
- Type
- Introduction
- Status
- Enacted
Sponsors (6)
Official Description
This bill would require the Department of Correction to inform persons in custody how much money remains in their commissary account and return all unused commissary funds, in cash, prior to an individual leaving the department’s custody.