N.Y. Correction Law § 187: Earnings of incarcerated individuals

§ 187. Earnings of incarcerated individuals. 1. Every incarcerated

individual confined in a state correctional facility, subject to the

rules and regulations of the department of corrections and community

supervision, and every incarcerated individual confined in a local

correctional facility, in the discretion of the sheriff thereof, may

receive compensation for work performed during his or her imprisonment.

Such compensation shall be graded by the department of corrections and

community supervision with regard to incarcerated individuals employed

in prison industries, based upon the work performed by such prisoners

for prisoners confined in state correctional facilities, and by the

sheriffs in all local correctional facilities for incarcerated

individuals confined therein.

2. The department of corrections and community supervision shall adopt

rules, subject to the approval of the director of the budget, for

establishing in all of the state correctional facilities a system of

compensation for the incarcerated individuals confined therein. Such

rules shall provide for the payment of compensation to each incarcerated

individual, who shall meet the requirements established by the

department of corrections and community supervision, based upon the work

performed by such incarcerated individuals.

3. The department shall prepare graded wage schedules for incarcerated

individuals, which schedules shall be based upon classifications

according to the value of work performed by each. Such schedules need

not be uniform in all institutions. The rules of the department shall

also provide for the establishment of a credit system for each

incarcerated individual and the manner in which such earnings shall be

paid to the incarcerated individual or his or her dependents or held in

trust for him or her until his or her release.

4. Any compensation paid to an incarcerated individual under this

article shall be based on the work performed by such incarcerated

individual. Compensation may be paid from moneys appropriated to the

department and available to facilities for nonpersonal service.