Legislation
SECTION 198
Incarcerated individual occupational therapy fund
Correction (COR) CHAPTER 43, ARTICLE 7
§ 198. Incarcerated individual occupational therapy fund. 1. The
commissioner of corrections and community supervision may authorize the
superintendent or director of any correctional institution to establish
an incarcerated individual occupational therapy fund for the receipt of
proceeds from a product sold, as authorized by section one hundred
ninety-seven of this article, by one or more incarcerated individuals as
incident to an avocational or vocational project approved by the
commissioner, including but not limited to, art, music, drama,
handicraft, or sports.
2. Pursuant to rules, regulations or directions of the commissioner,
moneys of the fund may: (a) be made available to the superintendent or
director to be used for the general benefit of the incarcerated
individuals of the correctional institution wherein the product was
produced, including but not limited to, furnishing materials and
supplies to an incarcerated individual or incarcerated individuals for
an avocational or vocational project and the transporting of a product
thereof for sale, display or otherwise and for recreational activities;
or (b) be disbursed as follows: (i) an amount equal to the proceeds from
the sale of a product produced by one incarcerated individual may be
deposited to the account of such incarcerated individual pursuant to
section one hundred sixteen of this chapter; or (ii) an amount equal to
the proceeds from the sale of a product produced by two or more
incarcerated individuals may be divided equally among such incarcerated
individuals and deposited to their respective accounts pursuant to
section one hundred sixteen of this chapter.
3. In determining the amount of the proceeds from a sale of a product
that may be deposited to the account of an incarcerated individual, the
commissioner may provide for the deduction from the sum of the proceeds
the reasonable expenses of the department of corrections and community
supervision incident to the sale, including but not limited to, the
value of materials and supplies for the production of the product
supplied without financial charge to the incarcerated individual and the
expenses of transporting the product for sale or display or otherwise.
commissioner of corrections and community supervision may authorize the
superintendent or director of any correctional institution to establish
an incarcerated individual occupational therapy fund for the receipt of
proceeds from a product sold, as authorized by section one hundred
ninety-seven of this article, by one or more incarcerated individuals as
incident to an avocational or vocational project approved by the
commissioner, including but not limited to, art, music, drama,
handicraft, or sports.
2. Pursuant to rules, regulations or directions of the commissioner,
moneys of the fund may: (a) be made available to the superintendent or
director to be used for the general benefit of the incarcerated
individuals of the correctional institution wherein the product was
produced, including but not limited to, furnishing materials and
supplies to an incarcerated individual or incarcerated individuals for
an avocational or vocational project and the transporting of a product
thereof for sale, display or otherwise and for recreational activities;
or (b) be disbursed as follows: (i) an amount equal to the proceeds from
the sale of a product produced by one incarcerated individual may be
deposited to the account of such incarcerated individual pursuant to
section one hundred sixteen of this chapter; or (ii) an amount equal to
the proceeds from the sale of a product produced by two or more
incarcerated individuals may be divided equally among such incarcerated
individuals and deposited to their respective accounts pursuant to
section one hundred sixteen of this chapter.
3. In determining the amount of the proceeds from a sale of a product
that may be deposited to the account of an incarcerated individual, the
commissioner may provide for the deduction from the sum of the proceeds
the reasonable expenses of the department of corrections and community
supervision incident to the sale, including but not limited to, the
value of materials and supplies for the production of the product
supplied without financial charge to the incarcerated individual and the
expenses of transporting the product for sale or display or otherwise.