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Message from Sheriff Timothy B. Howard


Timothy B. Howard,
Sheriff

Sheriff Supports Proposed Amendment to New York State Constitution to Permit Inmates to Work for Not for Profit Agencies

The New York State Constitution has for many years prohibited a sentenced inmate from working, where his or her work is "contracted, given or sold" to anyone. While this provision does not prevent inmates from working for the State or any municipality, most thought inmates who volunteered to work could be sent to not-for-profit agencies also, since these activities were considered part of the inmate's rehabilitation program, and not any form of required or compensated labor. However, a few years ago, the State Commission of Correction –which is the State agency that oversees all correctional facilities in New York State- questioned the practice of allowing inmates to work at not-for-profit agencies, and suggested that the Constitution be clarified.

The New York State Legislature responded quickly. Two separately elected Legislatures-in 2007 and 2009- passed a bill that would allow inmates in county jails to work for charitable not-for-profit agencies. Having passed the Legislature twice, the issue will now be on the November ballot for approval by the electorate.

I support this constitutional amendment, and recommend that voters give it their approval, too. He said that it was never intended that the Constitution should prevent a Sheriff from assigning inmates, typically designated as a "trustee" due to their good conduct while in jail custody, to a work crew at a not-for-profit agency or organization. The law, which goes back at least to 1898, was probably intended to prohibit selling the labor of inmates to contractors or private parties.
In contrast, Sheriffs typically assign inmates to work crews at such areas as cemeteries, libraries, service organizations, parks and playgrounds, operated by not for profit organizations. Inmates are not paid for these services, and at all times are under the Sheriff's supervision. Inmates volunteer for such assignments. There are considerable advantages in allowing this. Inmates can use their expertise and can learn new skills while also providing real benefits to charitable groups in our communities; more importantly, the proper use of inmate labor is also a good correctional tool that helps to maintain order and security at the jail, and helps to relieve inmates' stress by getting them out of the jail and allowing them to work in the community.