S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10061

                          I N  A S S E M B L Y

                              March 2, 2010
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in  relation  to  inmate  labor  for
  non-profit organizations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 2-a of section 72 of the  correction  law,  as
added by chapter 268 of the laws of 1973, is amended to read as follows:
  2-a.  The  commissioner, superintendent, or director of an institution
in which an inmate is confined, may permit an inmate, wishing to do  so,
to  leave  the  institution  under  guard  for the purpose of performing
volunteer labor or services when in the public interest upon the  threat
or occurrence of a natural disaster, including but not limited to flood,
earthquake, hurricane, landslide or fire.  AN INMATE MAY ALSO BE PERMIT-
TED TO LEAVE THE INSTITUTION UNDER GUARD TO VOLUNTARILY PERFORM WORK FOR
A  NONPROFIT  ORGANIZATION PURSUANT TO THIS SUBDIVISION. AS USED IN THIS
SUBDIVISION, 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.
  S 2. Section 170 of the correction law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  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 EARN-
INGS  OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDI-
VIDUAL.
  S 3. Subdivision 6 of section 177 of the correction law, as renumbered
by section 1 of part K of chapter 56 of the laws of 2009, is  renumbered
subdivision 7 and a new subdivision 6 is added to read as follows:
  6.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  AN INMATE MAY BE
PERMITTED TO LEAVE THE INSTITUTION UNDER GUARD  TO  VOLUNTARILY  PERFORM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD16107-01-0

A. 10061                            2

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 EARN-
INGS  OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDI-
VIDUAL.
  S 4. Section 500-d of the correction law, as amended by chapter 403 of
the laws of 1986, is amended to read as follows:
  S 500-d. Food and labor. (1) Prisoners detained for trial,  and  those
under  sentence,  shall  be provided with a sufficient quantity of plain
but wholesome food, at the expense of the county; such  foods  shall  be
purchased  in  the  manner  and  subject  to the regulations provided in
section four hundred eight of the county law; but prisoners detained for
trial may, at their own expense, and under the direction of the  keeper,
be supplied with any other proper articles of food.
  (2)  Such  keeper  shall cause each prisoner committed to his jail for
imprisonment under sentence, to be constantly  employed  at  hard  labor
when  practicable, during every day, except Sunday but the Sunday excep-
tion shall not apply where a prisoner  under  sentence  of  intermittent
imprisonment  serves  less  than the five preceding days in the jail and
the keeper has adopted an employment  program  designed  especially  for
intermittent  imprisonment,  and the board of supervisors of the county,
or judge of the county, may prescribe the kind of labor  at  which  such
prisoner shall be employed; and the keeper shall account, at least annu-
ally,  with  the board of supervisors of the county, for the proceeds of
such labor.
  (3) Such keeper may, with the consent of the board of  supervisors  of
the  county,  or  the county judge, from time to time, cause such of the
convicts under his charge as are capable of hard labor, to  be  employed
outside  of  the  jail in the same, or in an adjoining county, upon such
terms as may be agreed upon between the keepers  and  the  officers,  or
persons, under whose direction such convicts shall be placed, subject to
such  regulations  as the board or judge may prescribe; and the board of
supervisors of the several counties are authorized  to  employ  convicts
under  sentence  to  confinement  in  the  county jails, in building and
repairing penal institutions of the county and in building and repairing
the highways in their respective counties or in preparing the  materials
for  such  highways  for sale to and for the use of the state, counties,
towns, villages or cities, and in cutting wood and performing other work
which is commonly carried on at a prison camp, and  to  make  rules  and
regulations  for their employment; and the said board of supervisors are
hereby authorized to cause money  to  be  raised  by  taxation  for  the
purpose of furnishing materials and carrying this provision into effect;
and  the courts of this state are hereby authorized to sentence convicts
committed to detention in the county jails to such hard labor as may  be
provided for them by the boards of supervisors.  This section as amended
shall  not affect a county wholly included within a city.  NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, AN INMATE MAY BE PERMITTED TO LEAVE  THE
INSTITUTION  UNDER  GUARD  TO  VOLUNTARILY  PERFORM WORK FOR A NONPROFIT
ORGANIZATION PURSUANT TO THIS SUBDIVISION.  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.
  S 5. This act shall take effect immediately.