What's happening
This bill allows correctional facilities to charge inmates fees to support facility operations and require inmate participation in facility services.
Why it matters
Shifts part of facility costs onto inmates. By allowing correctional facilities to charge inmates “reasonable and necessary” fees, the bill could make incarcerated people pay for things that were previously provided as part of their detention, potentially creating new financial burdens for those with few resources.
Mandates inmate labor for facility services. The bill requires inmates to assist with necessary services within the facility, with the type of work determined by their conduct. This could expand or formalize requirements for inmate labor, affecting daily life and possibly disciplinary practices inside facilities.
Protects existing correctional staff and union contracts. The new requirements cannot lead to job losses or reductions in pay/hours for current employees, nor can they undermine existing collective bargaining agreements, which may help maintain labor standards for non-inmate workers.
Introduces administrative discretion and oversight. Fees charged to inmates must be approved by the state correctional commissioner, giving the state some oversight but also leaving room for future interpretation of what constitutes “reasonable and necessary” costs.
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Who cares
Headline styles
Charge Inmates Facility Fees
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
1 Multi-sponsor
History
- Held for consideration in correction
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, 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:
§ 500-n. Prisoners; unlawful fees prohibited. 1. [Except] Subject to the provisions of subdivision two of this section: (a) except as otherwise provided by law, a sheriff or other person in charge of a correctional 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, or 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02123-01-9
A. 2297 2
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 impairment of existing contracts for services or collective bargaining agreements.
§ 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.