S T A T E O F N E W Y O R K
________________________________________________________________________
5134
2023-2024 Regular Sessions
I N A S S E M B L Y
March 2, 2023
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to commissaries or
canteens in correctional institutions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 26 of the correction law, as amended by chapter 322
of the laws of 2021, is amended to read as follows:
§ 26. [Establishment of commissaries] COMMISSARIES or canteens in
correctional institutions. 1. The commissioner may authorize the head of
any institution in the department to establish a commissary or a canteen
in such institution for the use and benefit of incarcerated individuals.
ITEMS SOLD AT THE COMMISSARY OR CANTEEN SHALL BE SOLD AT THE CURRENT
MARKET RATE FOR SUCH ITEMS, AS BASED UPON THE COST OF SIMILAR ITEMS FOR
SALE IN THE SAME REGION AS THE CORRECTIONAL FACILITY. The moneys
received by the head of the institution as profits from the sales of the
commissary or canteen shall be deposited in a special fund to be known
as the commissary or canteen fund and such funds shall be used for the
general purposes of the institution subject to the provisions of section
fifty-three of the state finance law.
2. MONEY PLACED INTO THE COMMISSARY OR CANTEEN ACCOUNT OR FUND OF AN
INCARCERATED INDIVIDUAL SHALL ONLY BE USED BY THE INCARCERATED INDIVID-
UAL FOR PURCHASES AT SUCH COMMISSARY OR CANTEEN. NO FUNDS SHALL BE
REMOVED FROM AN INCARCERATED INDIVIDUAL'S COMMISSARY OR CANTEEN ACCOUNT
OR FUND FOR A VIOLATION, AS A PENALTY, OR FOR ANY REASON OTHER THAN A
PURCHASE AT SUCH COMMISSARY OR CANTEEN.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04657-01-3