N.Y. Correction Law § 177: Labor of incarcerated individuals in state and local correctional facilities

§ 177. Labor of incarcerated individuals in state and local

correctional facilities. 1. The labor of incarcerated individuals in the

state correctional facilities, after the necessary labor for and

manufacture of all needed supplies for said institutions, shall be

primarily devoted to the state, the public buildings and institutions

thereof, and the manufacture of supplies for the state, and public

institutions thereof, and secondly to the political subdivisions of the

state, and public institutions thereof;

2. The labor of incarcerated individuals in local correctional

facilities after the necessary labor for and manufacture of all needed

supplies for the same, shall be primarily devoted to the counties,

respectively, in which said local correctional facilities are located,

and the towns, cities and villages therein, and to the manufacture of

supplies for the public institutions of the counties, or the political

subdivisions thereof, and secondly to the state and the public

institutions thereof;

3. However, for the purpose of distributing, marketing or sale of the

whole or any part of the product of any correctional facility in the

state, other than by said state correctional facilities, to the state or

to any political subdivisions thereof or to any public institutions

owned or managed and controlled by the state, or by any political

subdivisions thereof, or to any public corporation, authority, or

eleemosynary association funded in whole or in part by any federal,

state or local funds, the sheriff of any such local correctional

facility and the commissioner of corrections and community supervision

may enter into a contract or contracts which may determine the kinds and

qualities of articles to be produced by such institution and the method

of distribution and sale thereof by the commissioner of corrections and

community supervision or under his or her direction, either in separate

lots or in combination with the products of other such institutions and

with the products produced by incarcerated individuals in state

correctional facilities. Such contracts may fix and determine any and

all terms and conditions for the disposition of such products and the

disposition of proceeds of sale thereof and any and all other terms and

conditions as may be agreed upon, not inconsistent with the

constitution. However, no such contract shall be for a period of more

than one year and any prices fixed by such contract shall be the prices

established pursuant to section one hundred eighty-six of this article

for like articles or shall be approved by the department of corrections

and community supervision and the director of the budget on presentation

to them of a copy of such contract or proposed contract, and provided

further that any distribution or diversification of industries provided

for by such contract shall be in accordance with the rules and

regulations established by the department of corrections and community

supervision or shall be approved by such department on presentation to

it of a copy of such contract or proposed contract.

4. No product manufactured in whole or in part by incarcerated

individuals in any correctional facility of the state or of a political

subdivision thereof, shall be sold, or otherwise disposed of for profit,

by any officer, or administrative body, of such institution, or by any

officer, or administrative body of the state, or of a political

subdivision thereof, except to the state itself or to a political

subdivision thereof, the government of the United States or to any state

of the United States, or to an officer or administrative body of the

state, or of a political subdivision thereof, or to or for a public

institution owned or managed and controlled by the state or by any

political subdivision thereof, or to a public corporation, authority, or

eleemosynary association funded in whole or in part by federal, state or

local funds. In no case shall said products be purchased for the purpose

of resale or for their disposition for profit in a manner not herein

provided for in the first instance.

5. The commissioner shall be authorized to enter into agreements to

sell food and drink products made at the food production center of the

department to food kitchens, homeless shelters and other eleemosynary

organizations funded in whole or in part by federal, state or local

funds and to counties for governmental purposes. All proceeds from such

sales shall be deposited into an account which shall only be used for

the continued operation of the food production center. The charge for

these products, included in the agreements between the commissioner and

these eleemosynary organizations, shall not exceed the costs associated

with the production and transportation of the products for sale. The

commissioner may, in his or her discretion, and by whatever means he or

she deems appropriate, notify such organizations of the availability of

such products for sale.

6. Notwithstanding any other provision of law, an incarcerated

individual may be permitted to leave the institution under guard to

voluntarily perform work for a nonprofit organization. As used in this

section, the term "nonprofit organization" means an organization

operated exclusively for religious, charitable, or educational purposes,

no part of the net earnings of which inures to the benefit of any

private shareholder or individual.

7. A violation of any of the foregoing provisions shall constitute

sufficient cause for the removal of such officer or board of

administration by the duly constituted authority having jurisdiction.