N.Y. Correct. Law § 177

§ 177. Labor of inmates in state and local correctional facilities. 1.\nThe labor of inmates in the state correctional facilities, after the\nnecessary labor for and manufacture of all needed supplies for said\ninstitutions, shall be primarily devoted to the state, the public\nbuildings and institutions thereof, and the manufacture of supplies for\nthe state, and public institutions thereof, and secondly to the\npolitical subdivisions of the state, and public institutions thereof;\n 2. The labor of inmates in local correctional facilities after the\nnecessary labor for and manufacture of all needed supplies for the same,\nshall be primarily devoted to the counties, respectively, in which said\nlocal correctional facilities are located, and the towns, cities and\nvillages therein, and to the manufacture of supplies for the public\ninstitutions of the counties, or the political subdivisions thereof, and\nsecondly to the state and the public institutions thereof;\n 3. However, for the purpose of distributing, marketing or sale of the\nwhole or any part of the product of any correctional facility in the\nstate, other than by said state correctional facilities, to the state or\nto any political subdivisions thereof or to any public institutions\nowned or managed and controlled by the state, or by any political\nsubdivisions thereof, or to any public corporation, authority, or\neleemosynary association funded in whole or in part by any federal,\nstate or local funds, the sheriff of any such local correctional\nfacility and the commissioner of corrections and community supervision\nmay enter into a contract or contracts which may determine the kinds and\nqualities of articles to be produced by such institution and the method\nof distribution and sale thereof by the commissioner of corrections and\ncommunity supervision or under his or her direction, either in separate\nlots or in combination with the products of other such institutions and\nwith the products produced by inmates in state correctional facilities.\nSuch contracts may fix and determine any and all terms and conditions\nfor the disposition of such products and the disposition of proceeds of\nsale thereof and any and all other terms and conditions as may be agreed\nupon, not inconsistent with the constitution. However, no such contract\nshall be for a period of more than one year and any prices fixed by such\ncontract shall be the prices established pursuant to section one hundred\neighty-six of this article for like articles or shall be approved by the\ndepartment of corrections and community supervision and the director of\nthe budget on presentation to them of a copy of such contract or\nproposed contract, and provided further that any distribution or\ndiversification of industries provided for by such contract shall be in\naccordance with the rules and regulations established by the department\nof corrections and community supervision or shall be approved by such\ndepartment on presentation to it of a copy of such contract or proposed\ncontract.\n 4. No product manufactured in whole or in part by inmates in any\ncorrectional facility of the state or of a political subdivision\nthereof, shall be sold, or otherwise disposed of for profit, by any\nofficer, or administrative body, of such institution, or by any officer,\nor administrative body of the state, or of a political subdivision\nthereof, except to the state itself or to a political subdivision\nthereof, the government of the United States or to any state of the\nUnited States, or to an officer or administrative body of the state, or\nof a political subdivision thereof, or to or for a public institution\nowned or managed and controlled by the state or by any political\nsubdivision thereof, or to a public corporation, authority, or\neleemosynary association funded in whole or in part by federal, state or\nlocal funds. In no case shall said products be purchased for the purpose\nof resale or for their disposition for profit in a manner not herein\nprovided for in the first instance.\n 5. The commissioner shall be authorized to enter into agreements to\nsell food and drink products made at the food production center of the\ndepartment to food kitchens, homeless shelters and other eleemosynary\norganizations funded in whole or in part by federal, state or local\nfunds and to counties for governmental purposes. All proceeds from such\nsales shall be deposited into an account which shall only be used for\nthe continued operation of the food production center. The charge for\nthese products, included in the agreements between the commissioner and\nthese eleemosynary organizations, shall not exceed the costs associated\nwith the production and transportation of the products for sale. The\ncommissioner may, in his or her discretion, and by whatever means he or\nshe deems appropriate, notify such organizations of the availability of\nsuch products for sale.\n 6. Notwithstanding any other provision of law, an inmate may be\npermitted to leave the institution under guard to voluntarily perform\nwork for a nonprofit organization. As used in this section, the term\n"nonprofit organization" means an organization operated exclusively for\nreligious, charitable, or educational purposes, no part of the net\nearnings of which inures to the benefit of any private shareholder or\nindividual.\n 7. A violation of any of the foregoing provisions shall constitute\nsufficient cause for the removal of such officer or board of\nadministration by the duly constituted authority having jurisdiction.\n