§ 187 — Earnings of incarcerated individuals

New York § 187

• Jurisdiction: New York
• Law COR: Correction
• Art. 7: Labor In Correctional Institutions

Text

§ 187. Earnings of incarcerated individuals. 1. Every incarcerated\nindividual confined in a state correctional facility, subject to the\nrules and regulations of the department of corrections and community\nsupervision, and every incarcerated individual confined in a local\ncorrectional facility, in the discretion of the sheriff thereof, may\nreceive compensation for work performed during his or her imprisonment.\nSuch compensation shall be graded by the department of corrections and\ncommunity supervision with regard to incarcerated individuals employed\nin prison industries, based upon the work performed by such prisoners\nfor prisoners confined in state correctional facilities, and by the\nsheriffs in all local correctional facilities for incarcerated\nindividuals confined therein.\n 2. The department of corrections and community supervision shall adopt\nrules, subject to the approval of the director of the budget, for\nestablishing in all of the state correctional facilities a system of\ncompensation for the incarcerated individuals confined therein. Such\nrules shall provide for the payment of compensation to each incarcerated\nindividual, who shall meet the requirements established by the\ndepartment of corrections and community supervision, based upon the work\nperformed by such incarcerated individuals.\n 3. The department shall prepare graded wage schedules for incarcerated\nindividuals, which schedules shall be based upon classifications\naccording to the value of work performed by each. Such schedules need\nnot be uniform in all institutions. The rules of the department shall\nalso provide for the establishment of a credit system for each\nincarcerated individual and the manner in which such earnings shall be\npaid to the incarcerated individual or his or her dependents or held in\ntrust for him or her until his or her release.\n 4. Any compensation paid to an incarcerated individual under this\narticle shall be based on the work performed by such incarcerated\nindividual. Compensation may be paid from moneys appropriated to the\ndepartment and available to facilities for nonpersonal service.\n