Authorizes the sheriff to charge prisoners fees to support the operations of the facility where they are incarcerated and requires the inmates of the facility to assist in the provision of necessary services provided at the facility; provides that employees of the correctional facility shall not be subject to adverse employment actions as a result of the section.
STATE OF NEW YORK
________________________________________________________________________
2297
2019-2020 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 500-n of the correction law, as added by chapter
2 907 of the laws of 1984 and renumbered by chapter 604 of the laws of
3 1987, is amended to read as follows:
4 § 500-n. Prisoners; unlawful fees prohibited. 1. [Except] Subject to
5 the provisions of subdivision two of this section: (a) except as other-
6 wise provided by law, a sheriff or other person in charge of a correc-
7 tional facility or any person employed at such facility shall not charge
8 a prisoner or other person in custody with any sum of money, or demand
9 or receive from him money or any valuable thing for any drink, food or
10 other thing furnished or provided for such prisoner or person at any
11 correctional facility[.
12 2. A]; (b) a sheriff or other public officer or employee shall not
13 demand or receive from a prisoner or other person, while in his custody,
14 a gratuity or reward, upon any pretense or for any purpose[.
15 3. A]; (c) a sheriff, or other public officer or employee, shall not
16 demand or receive from a prisoner or other person in custody, money or
17 any valuable thing for rent in a jail or any fee, compensation, or
18 reward for the commitment, detaining in custody, release, or discharge
19 of a prisoner, other than the fees expressly allowed therefor by law.
20 2. Notwithstanding the provisions of subdivision one of this section,
21 a sheriff or other person in charge of a correctional facility may
22 charge reasonable and necessary fees, as approved by the commissioner,
23 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
1 facility, and may require the inmates of the facility to assist in the
2 provision of necessary services provided at the facility to or for the
3 benefit of the inmates of the facility. The services provided by any
4 inmate shall be determined with regard to the inmate's conduct.
5 3. Nothing in this section shall result in the displacement of any
6 employee currently employed at a correctional facility or the loss of
7 position (including partial displacement such as reduction in the hours
8 of non-overtime, wages or employment benefits) or result in the impair-
9 ment of existing contracts for services or collective bargaining agree-
10 ments.
11 § 2. This act shall take effect immediately; provided, however, that
12 the amendments to section 500-n of the correction law made by section
13 one of this act shall not affect the repeal of such section and shall be
14 deemed repealed therewith.
