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.
Ayes (9): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy
Ayes W/R (2): Kruger, Peralta
Nays (3): Rivera, Hassell-Thompson, Montgomery
TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL: To allow the local sheriff or other person in charge of a correctional facility to charge reasonable and necessary fees, as approved by the commissioner of the Department of corrections, to the inmates of the facility in order to help support the operations of the facility.
SUMMARY OF SPECIFIC PROVISIONS: Amends the correction law to allow a sheriff or other person in charge of a correctional facility to charge reasonable and necessary fees to the inmates of the facility in order to support the operations of the facility, and may require the inmates of the facility to assist in the provision of necessary services provided at the facility to or Âor the benefit of the inmates of the facility. The services provided by any inmate shall be determined with regard to the inmates conduct. Nothing in this section shall result in the loss of position for an employee at a correctional facility or affect existing contracts for services or collective bargaining agreements
PRIOR LEGISLATIVE HISTORY: S.7491/A.9076 of 2009-2010: Referred to Crime Victims, & Corrections
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take affect immediately, with provisions.
STATE OF NEW YORK ________________________________________________________________________ 508--A Cal. No. 526 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. MAZIARZ, DeFRANCISCO, NOZZOLIO, RANZENHOFER, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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: S 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, orEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01273-02-1 S. 508--A 2
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 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. S 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.