§ 177 — Labor of incarcerated individuals in state and local correctional facilities

§ 177. Labor of incarcerated individuals in state and local\ncorrectional facilities. 1. The labor of incarcerated individuals in the\nstate correctional facilities, after the necessary labor for and\nmanufacture of all needed supplies for said institutions, shall be\nprimarily devoted to the state, the public buildings and institutions\nthereof, and the manufacture of supplies for the state, and public\ninstitutions thereof, and secondly to the political subdivisions of the\nstate, and public institutions thereof;\n 2. The labor of incarcerated individuals in local correctional\nfacilities after the necessary labor for and manufacture of all needed\nsupplies for the same, shall be primarily devoted to the counties,\nrespectively, in which said local correctional facilities are located,\nand the towns, cities and villages therein, and to the manufacture of\nsupplies for the public institutions of the counties, or the political\nsubdivisions thereof, and secondly to the state and the public\ninstitutions thereof;\n 3. However, for the purpose of distributing, marketing or sale of the\nwhole or any part of the product of any correctional facility in the\nstate, other than by said state correctional facilities, to the state or\nto any political subdivisions thereof or to any public institutions\nowned or managed and controlled by the state, or by any political\nsubdivisions thereof, or to any public corporation, authority, or\neleemosynary association funded in whole or in part by any federal,\nstate or local funds, the sheriff of any such local correctional\nfacility and the commissioner of corrections and community supervision\nmay enter into a contract or contracts which may determine the kinds and\nqualities of articles to be produced by such institution and the method\nof distribution and sale thereof by the commissioner of corrections and\ncommunity supervision or under his or her direction, either in separate\nlots or in combination with the products of other such institutions and\nwith the products produced by incarcerated individuals in state\ncorrectional facilities. Such contracts may fix and determine any and\nall terms and conditions for the disposition of such products and the\ndisposition of proceeds of sale thereof and any and all other terms and\nconditions as may be agreed upon, not inconsistent with the\nconstitution. However, no such contract shall be for a period of more\nthan one year and any prices fixed by such contract shall be the prices\nestablished pursuant to section one hundred eighty-six of this article\nfor like articles or shall be approved by the department of corrections\nand community supervision and the director of the budget on presentation\nto them of a copy of such contract or proposed contract, and provided\nfurther that any distribution or diversification of industries provided\nfor by such contract shall be in accordance with the rules and\nregulations established by the department of corrections and community\nsupervision or shall be approved by such department on presentation to\nit of a copy of such contract or proposed contract.\n 4. No product manufactured in whole or in part by incarcerated\nindividuals in any correctional facility of the state or of a political\nsubdivision thereof, shall be sold, or otherwise disposed of for profit,\nby any officer, or administrative body, of such institution, or by any\nofficer, or administrative body of the state, or of a political\nsubdivision thereof, except to the state itself or to a political\nsubdivision thereof, the government of the United States or to any state\nof the United States, or to an officer or administrative body of the\nstate, or of a political subdivision thereof, or to or for a public\ninstitution owned or managed and controlled by the state or by any\npolitical subdivision thereof, or to a public corporation, authority, or\neleemosynary association funded in whole or in part by federal, state or\nlocal funds. In no case shall said products be purchased for the purpose\nof resale or for their disposition for profit in a manner not herein\nprovided for in the first instance.\n 5. The commissioner shall be authorized to enter into agreements to\nsell food and drink products made at the food production center of the\ndepartment to food kitchens, homeless shelters and other eleemosynary\norganizations funded in whole or in part by federal, state or local\nfunds and to counties for governmental purposes. All proceeds from such\nsales shall be deposited into an account which shall only be used for\nthe continued operation of the food production center. The charge for\nthese products, included in the agreements between the commissioner and\nthese eleemosynary organizations, shall not exceed the costs associated\nwith the production and transportation of the products for sale. The\ncommissioner may, in his or her discretion, and by whatever means he or\nshe deems appropriate, notify such organizations of the availability of\nsuch products for sale.\n 6. Notwithstanding any other provision of law, an incarcerated\nindividual may be permitted to leave the institution under guard to\nvoluntarily perform work for a nonprofit organization. As used in this\nsection, the term "nonprofit organization" means an organization\noperated exclusively for religious, charitable, or educational purposes,\nno part of the net earnings of which inures to the benefit of any\nprivate shareholder or individual.\n 7. A violation of any of the foregoing provisions shall constitute\nsufficient cause for the removal of such officer or board of\nadministration by the duly constituted authority having jurisdiction.\n