§ 177. Labor of incarcerated individuals in state and local
correctional facilities. 1. The labor of incarcerated individuals in the
state correctional facilities, after the necessary labor for and
manufacture of all needed supplies for said institutions, shall be
primarily devoted to the state, the public buildings and institutions
thereof, and the manufacture of supplies for the state, and public
institutions thereof, and secondly to the political subdivisions of the
state, and public institutions thereof;

2. The labor of incarcerated individuals in local correctional
facilities after the necessary labor for and manufacture of all needed
supplies for the same, shall be primarily devoted to the counties,
respectively, in which said local correctional facilities are located,
and the towns, cities and villages therein, and to the manufacture of
supplies for the public institutions of the counties, or the political
subdivisions thereof, and secondly to the state and the public
institutions thereof;

3. However, for the purpose of distributing, marketing or sale of the
whole or any part of the product of any correctional facility in the
state, other than by said state correctional facilities, to the state or
to any political subdivisions thereof or to any public institutions
owned or managed and controlled by the state, or by any political
subdivisions thereof, or to any public corporation, authority, or
eleemosynary association funded in whole or in part by any federal,
state or local funds, the sheriff of any such local correctional
facility and the commissioner of corrections and community supervision
may enter into a contract or contracts which may determine the kinds and
qualities of articles to be produced by such institution and the method
of distribution and sale thereof by the commissioner of corrections and
community supervision or under his or her direction, either in separate
lots or in combination with the products of other such institutions and
with the products produced by incarcerated individuals in state
correctional facilities. Such contracts may fix and determine any and
all terms and conditions for the disposition of such products and the
disposition of proceeds of sale thereof and any and all other terms and
conditions as may be agreed upon, not inconsistent with the
constitution. However, no such contract shall be for a period of more
than one year and any prices fixed by such contract shall be the prices
established pursuant to section one hundred eighty-six of this article
for like articles or shall be approved by the department of corrections
and community supervision and the director of the budget on presentation
to them of a copy of such contract or proposed contract, and provided
further that any distribution or diversification of industries provided
for by such contract shall be in accordance with the rules and
regulations established by the department of corrections and community
supervision or shall be approved by such department on presentation to
it of a copy of such contract or proposed contract.

4. No product manufactured in whole or in part by incarcerated
individuals in any correctional facility of the state or of a political
subdivision thereof, shall be sold, or otherwise disposed of for profit,
by any officer, or administrative body, of such institution, or by any
officer, or administrative body of the state, or of a political
subdivision thereof, except to the state itself or to a political
subdivision thereof, the government of the United States or to any state
of the United States, or to an officer or administrative body of the
state, or of a political subdivision thereof, or to or for a public
institution owned or managed and controlled by the state or by any
political subdivision thereof, or to a public corporation, authority, or
eleemosynary association funded in whole or in part by federal, state or
local funds. In no case shall said products be purchased for the purpose
of resale or for their disposition for profit in a manner not herein
provided for in the first instance.

5. The commissioner shall be authorized to enter into agreements to
sell food and drink products made at the food production center of the
department to food kitchens, homeless shelters and other eleemosynary
organizations funded in whole or in part by federal, state or local
funds and to counties for governmental purposes. All proceeds from such
sales shall be deposited into an account which shall only be used for
the continued operation of the food production center. The charge for
these products, included in the agreements between the commissioner and
these eleemosynary organizations, shall not exceed the costs associated
with the production and transportation of the products for sale. The
commissioner may, in his or her discretion, and by whatever means he or
she deems appropriate, notify such organizations of the availability of
such products for sale.

6. Notwithstanding any other provision of law, an incarcerated
individual 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 earnings of which inures to the benefit of any
private shareholder or individual.

7. A violation of any of the foregoing provisions shall constitute
sufficient cause for the removal of such officer or board of
administration by the duly constituted authority having jurisdiction.