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

                                   323

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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
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,

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

                                                           LBD00206-01-3

A. 323                              2

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.