S 5038: Establishes an optional retirement stipend of thirty dollars per month for incarcerated individuals over age sixty-two who have completed at least five years of their sentence.
What S 5038 does, verified January 8, 2026
The proposed law aims to provide a retirement stipend to certain incarcerated individuals over the age of 62 who have served at least five years of their sentence. These individuals can choose to stop participating in programs and work assignments and receive a monthly stipend of thirty dollars. The commissioner will inform eligible individuals of their option to retire. If an individual decides to continue working and refuses the retirement stipend, the commissioner will note this in writing. An individual who refuses the retirement benefit can stop working and receive the benefit upon thirty days written notice to the commissioner. The law does not excuse individuals from completing any required programs for parole release, but allows eligible individuals to stop working until the program becomes available. The law will take effect one year after it becomes a law.
Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION (2026-01-07)Alert me
Quick answers about S 5038
- What is the current status of S 5038?
- As of January 8, 2026, S 5038 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION".
- Did S 5038 pass?
- Not yet. S 5038 has been introduced and has not passed either house.
- Who wrote S 5038, and where is it now?
- S 5038 was authored by Sen. Luis Sepúlveda. Its committee of record is Senate Crime Victims, Crime & Correction. It is filed under COR, alongside 60 other New York COR bills this session.
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions2 total · showing 2
| Jan. 07, 2026 | REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION |
| Feb. 18, 2025 | REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION |
Latest bill textIntroduced version, February 18, 2025 · 372 words
STATE OF NEW YORK ________________________________________________________________________ 5038 2025-2026 Regular Sessions IN SENATE February 18, 2025 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to establishing an optional retirement stipend for certain incarcerated individuals over sixty-two years of age The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 187 of the correction law is amended by adding a 2 new subdivision 5 to read as follows: 3 5. a. Any incarcerated individual over sixty-two years of age who has 4 served at least five years of such individual's sentence shall have the 5 option to stop participating in programs and work assignments under this 6 article and shall receive a monthly retirement stipend of thirty 7 dollars. 8 b. The commissioner shall inform each incarcerated individual who is 9 eligible for retirement under paragraph a of this subdivision of such 10 individual's option to retire. 11 c. If an eligible individual decides to continue working and refuses 12 the retirement stipend, the commissioner shall so note in writing. 13 d. Any incarcerated individual who has refused the retirement benefit 14 under paragraph c of this subdivision may elect to stop working and 15 receive such benefit upon thirty days written notice to the commission- 16 er. 17 e. Nothing in this subdivision shall excuse an individual from 18 completing any program required for parole release, provided, however, 19 that an eligible individual who is waiting for an opening in such a 20 program may stop working until such program becomes available. 21 § 2. This act shall take effect one year after it shall have become a 22 law. Effective immediately, the addition, amendment and/or repeal of any 23 rule or regulation necessary for the implementation of this act on its 24 effective date are authorized to be made and completed on or before such 25 date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00021-01-5
Text of S 5038 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions