N.Y. Correction Law § 198: Incarcerated individual occupational therapy fund

§ 198. Incarcerated individual occupational therapy fund. 1. The

commissioner of corrections and community supervision may authorize the

superintendent or director of any correctional institution to establish

an incarcerated individual occupational therapy fund for the receipt of

proceeds from a product sold, as authorized by section one hundred

ninety-seven of this article, by one or more incarcerated individuals as

incident to an avocational or vocational project approved by the

commissioner, including but not limited to, art, music, drama,

handicraft, or sports.

2. Pursuant to rules, regulations or directions of the commissioner,

moneys of the fund may: (a) be made available to the superintendent or

director to be used for the general benefit of the incarcerated

individuals of the correctional institution wherein the product was

produced, including but not limited to, furnishing materials and

supplies to an incarcerated individual or incarcerated individuals for

an avocational or vocational project and the transporting of a product

thereof for sale, display or otherwise and for recreational activities;

or (b) be disbursed as follows: (i) an amount equal to the proceeds from

the sale of a product produced by one incarcerated individual may be

deposited to the account of such incarcerated individual pursuant to

section one hundred sixteen of this chapter; or (ii) an amount equal to

the proceeds from the sale of a product produced by two or more

incarcerated individuals may be divided equally among such incarcerated

individuals and deposited to their respective accounts pursuant to

section one hundred sixteen of this chapter.

3. In determining the amount of the proceeds from a sale of a product

that may be deposited to the account of an incarcerated individual, the

commissioner may provide for the deduction from the sum of the proceeds

the reasonable expenses of the department of corrections and community

supervision incident to the sale, including but not limited to, the

value of materials and supplies for the production of the product

supplied without financial charge to the incarcerated individual and the

expenses of transporting the product for sale or display or otherwise.