Senate Bill S508A

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

                                 508--A
    Cal. No. 526

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. MAZIARZ, DeFRANCISCO, NOZZOLIO, RANZENHOFER, SEWARD
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Crime  Victims,  Crime  and  Correction  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to amend the correction law, in relation to authorizing charges
  to prisoners of fees to support the operations of the  facility  where
  they  are  incarcerated  and  requiring the inmates of the facility to
  assist in the provision of necessary services provided at the facility

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

  Section  1.  Section  500-n of the correction law, as added by chapter
907 of the laws of 1984 and renumbered by chapter 604 of the    laws  of
1987, is amended to read as follows:
  S  500-n.  Prisoners; unlawful fees prohibited. 1. [Except] SUBJECT TO
THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION:  (A) EXCEPT as other-
wise provided by law, a sheriff or other person in charge of  a  correc-
tional facility or any person employed at such facility shall not charge
a  prisoner  or other person in custody with any sum of money, or demand
or receive from him money or any valuable thing for any drink,  food  or
other  thing  furnished  or  provided for such prisoner or person at any
correctional facility[.
  2. A]; (B) A sheriff or other public officer  or  employee  shall  not
demand or receive from a prisoner or other person, while in his custody,
a gratuity or reward, upon any pretense or for any purpose[.
  3.  A];  (C) A sheriff, or other public officer or employee, shall not
demand or receive from a prisoner or other person in custody,  money  or
any  valuable  thing  for  rent  in  a jail or any fee, compensation, or

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

                                                           LBD01273-02-1

S. 508--A                           2

reward for the commitment, detaining in custody, release,  or  discharge
of a prisoner, other than the fees expressly allowed therefor by law.
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
A SHERIFF OR OTHER PERSON IN  CHARGE  OF  A  CORRECTIONAL  FACILITY  MAY
CHARGE  REASONABLE  AND NECESSARY FEES, AS APPROVED BY THE COMMISSIONER,
TO THE INMATES OF THE FACILITY IN ORDER TO SUPPORT THE OPERATIONS OF THE
FACILITY, AND MAY REQUIRE THE INMATES OF THE FACILITY TO ASSIST  IN  THE
PROVISION  OF  NECESSARY SERVICES PROVIDED AT THE FACILITY TO OR FOR THE
BENEFIT OF THE INMATES OF THE FACILITY. THE  SERVICES  PROVIDED  BY  ANY
INMATE SHALL BE DETERMINED WITH REGARD TO THE INMATE'S CONDUCT.
  3.  NOTHING  IN  THIS  SECTION SHALL RESULT IN THE DISPLACEMENT OF ANY
EMPLOYEE CURRENTLY EMPLOYED AT A CORRECTIONAL FACILITY OR  THE  LOSS  OF
POSITION  (INCLUDING PARTIAL DISPLACEMENT SUCH AS REDUCTION IN THE HOURS
OF NON-OVERTIME, WAGES OR EMPLOYMENT BENEFITS) OR RESULT IN THE  IMPAIR-
MENT  OF EXISTING CONTRACTS FOR SERVICES OR COLLECTIVE BARGAINING AGREE-
MENTS.
  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments  to  section 500-n of the correction law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.