Amendment Concerning Inmate Labor
LAWS OF NEW YORK, 2010
CHAPTER 256

AN ACT to amend the correction law, in relation to inmate labor for
non-profit organizations

Became a law July 30, 2010, with the approval of the Governor.
Passed by a two-thirds vote.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subdivision 2-a of section 72 of the correction law, as
added by chapter 268 of the laws of 1973, is amended to read as follows:

2-a. The commissioner, superintendent, or director of an institution
in which an inmate is confined, may permit an inmate, wishing to do so,
to leave the institution under guard for the purpose of performing
volunteer labor or services when in the public interest upon the threat
or occurrence of a natural disaster, including but not limited to flood,
earthquake, hurricane, landslide or fire. An inmate may also be permit-
ted to leave the institution under guard to voluntarily perform work for
a nonprofit organization pursuant to this subdivision. As used in this
subdivision, the term "nonprofit organization" means an organization
operated exclusively for religious, charitable, or educational purposes,
no part of the net earnings of which inures to the benefit of any
private shareholder or individual.

§ 2. Section 170 of the correction law is amended by adding a new
subdivision 3 to read as follows:

3. Notwithstanding any other provision of law, an inmate may be
permitted to leave the institution under guard to voluntarily perform
work for a nonprofit organization. As used in this section, the term
"nonprofit organization" means an organization operated exclusively for
religious, charitable, or educational purposes, no part of the net earn-
ings of which inures to the benefit of any private shareholder or indi-
vidual.

§ 3. Subdivision 6 of section 177 of the correction law, as renumbered
by section 1 of part K of chapter 56 of the laws of 2009, is renumbered
subdivision 7 and a new subdivision 6 is added to read as follows:

6. Notwithstanding any other provision of law, an inmate may be
permitted to leave the institution under guard to voluntarily perform
work for a nonprofit organization. As used in this section, the term
"nonprofit organization" means an organization operated exclusively for
religious, charitable, or educational purposes, no part of the net earn-
ings of which inures to the benefit of any private shareholder or indi-
vidual.

§ 4. Section 500-d of the correction law, as amended by chapter 403 of
the laws of 1986, is amended to read as follows:

§ 500-d. Food and labor. (1) Prisoners detained for trial, and those
under sentence, shall be provided with a sufficient quantity of plain
but wholesome food, at the expense of the county; such foods shall be
purchased in the manner and subject to the regulations provided in
section four hundred eight of the county law; but prisoners detained for

CHAP. 256 2

trial may, at their own expense, and under the direction of the keeper,
be supplied with any other proper articles of food.

(2) Such keeper shall cause each prisoner committed to his jail for
imprisonment under sentence, to be constantly employed at hard labor
when practicable, during every day, except Sunday but the Sunday excep-
tion shall not apply where a prisoner under sentence of intermittent
imprisonment serves less than the five preceding days in the jail and
the keeper has adopted an employment program designed especially for
intermittent imprisonment, and the board of supervisors of the county,
or judge of the county, may prescribe the kind of labor at which such
prisoner shall be employed; and the keeper shall account, at least annu-
ally, with the board of supervisors of the county, for the proceeds of
such labor.

(3) Such keeper may, with the consent of the board of supervisors of
the county, or the county judge, from time to time, cause such of the
convicts under his charge as are capable of hard labor, to be employed
outside of the jail in the same, or in an adjoining county, upon such
terms as may be agreed upon between the keepers and the officers, or
persons, under whose direction such convicts shall be placed, subject to
such regulations as the board or judge may prescribe; and the board of
supervisors of the several counties are authorized to employ convicts
under sentence to confinement in the county jails, in building and
repairing penal institutions of the county and in building and repairing
the highways in their respective counties or in preparing the materials
for such highways for sale to and for the use of the state, counties,
towns, villages or cities, and in cutting wood and performing other work
which is commonly carried on at a prison camp, and to make rules and
regulations for their employment; and the said board of supervisors are
hereby authorized to cause money to be raised by taxation for the
purpose of furnishing materials and carrying this provision into effect;
and the courts of this state are hereby authorized to sentence convicts
committed to detention in the county jails to such hard labor as may be
provided for them by the boards of supervisors. This section as amended
shall not affect a county wholly included within a city. Notwithstand-
ing any other provision of law, an inmate may be permitted to leave the
institution under guard to voluntarily perform work for a nonprofit
organization pursuant to this subdivision. As used in this section, the
term "nonprofit organization" means an organization operated exclusively
for religious, charitable, or educational purposes, no part of the net
earnings of which inures to the benefit of any private shareholder or
individual.

§ 5. This act shall take effect immediately.


The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


MALCOLM A. SMITH
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly


EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.