After the Internal Revenue Service (IRS) and a federal judge extended deadlines to apply for stimulus payments under the CARES Act, the Legal Aid Society called on the New York State Department of Corrections and Community Supervision (DOCCS), and the New York City Department of Correction (DOC) to bolster outreach to those in custody to assist them with these applications.

 

The need to help with such applications became essential and apparent in the wake of a federal ruling that the IRS had wrongly denied stimulus payments to persons because they were incarcerated. Under the new deadlines, paper applications are due October 30, 2020, and online applications are due November 21, 2020.

 

DOC recently announced that it had begun to distribute packets that contain information about who is eligible and how to apply for the stimulus payments, the applicable tax forms, and other material to assist with mail-in applications, which are now due by October 30, 2020.

 

However, according to the Legal Aid Society, DOC has yet to agree to allow incarcerated New Yorkers to take the more assured route of applying online, or to ensure that their applications are mailed by the mail-in deadline. Norwood News has reached out to DOC for comment, and did not receive an immediate response.

 

According to the Legal Aid Society, New York State, meanwhile, has not publicly ​agreed to take any action to assist people incarcerated in state prison with the submitting of their applications. Norwood News has reached out to DOCCS for comment, and did not receive an immediate response.

 

“A court has found that these New Yorkers are entitled to stimulus payments, and the Department of Correction and DOCCS should employ the full breadth of available resources to help those in its custody apply,” said Tina Luongo, Attorney-in-Charge of the Criminal Defense Practice at The Legal Aid Society.

 

“Due to the barriers posed by incarceration that hinder our clients’ ability to submit mail-in applications before the Oct. 30, 2020 deadline, their access to internet application portals is critical. These funds are especially precious to our clients as New York continues to grapple with economic tumult. We call on DOC and DOCCS to take the necessary steps to give people in custody meaningful access to the financial relief to which they are entitled.”