S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2297
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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:
   § 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,
 TO THE INMATES OF THE FACILITY IN ORDER TO SUPPORT THE OPERATIONS OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02123-01-9

 A. 2297                             2
 
 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.
   § 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.