NY Corr L § 177 (2021)
2021 New York Laws COR - Correction Article 7 - Labor in Correctional Institutions 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.