2023 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.