State Codes and Statutes

Statutes > New-york > Cor > Article-7 > 177

§ 177. Labor of inmates in state and local correctional facilities. 1.  The  labor  of  inmates  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 inmates 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 correctional services 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  correctional  services  or  under  his  direction,  either  in  separate  lots  or  in  combination with the products of other such institutions  and  with  the  products  produced  by  inmates  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  correctional  services 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  correctional  services  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  inmates  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 inmate 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.

State Codes and Statutes

Statutes > New-york > Cor > Article-7 > 177

§ 177. Labor of inmates in state and local correctional facilities. 1.  The  labor  of  inmates  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 inmates 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 correctional services 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  correctional  services  or  under  his  direction,  either  in  separate  lots  or  in  combination with the products of other such institutions  and  with  the  products  produced  by  inmates  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  correctional  services 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  correctional  services  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  inmates  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 inmate 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-7 > 177

§ 177. Labor of inmates in state and local correctional facilities. 1.  The  labor  of  inmates  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 inmates 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 correctional services 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  correctional  services  or  under  his  direction,  either  in  separate  lots  or  in  combination with the products of other such institutions  and  with  the  products  produced  by  inmates  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  correctional  services 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  correctional  services  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  inmates  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 inmate 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.