Bill Text: NY A02297 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in correction [A02297 Detail]

Download: New_York-2019-A02297-Introduced.html

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                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.