Section 196. Violations of institutional labor regulations  


Latest version.
  • Any contract
      made by the commissioner of correction or warden of any  prison,  or  by
      any   officer   or  any  other  authority  whatsoever,  of  any  prison,
      reformatory, penitentiary or  other  correctional  institution  of  this
      state,  in violation of, or contrary to, the provisions of this article,
      shall be null and void. It shall be the duty  of  any  such  officer  or
      authorities  to furnish to the attorney-general, upon demand therefor, a
      true copy, if in writing, and if not, in substance, of any contract made
      by such officer or authorities, relating in any way  to  the  system  of
      labor adopted, or to the employment of prisoners in any of said prisons,
      reformatories,   penitentiaries   or  other  correctional  institutions.
      Whenever the attorney-general shall be satisfied that any contract  made
      as aforesaid is contrary to or in violation of this article, or that any
      of  the  officers  or  authorities  aforesaid  have  entered into or are
      engaged in any contract or arrangement for the labor  of  prisoners,  or
      relating  to the system adopted or continued in said institutions, which
      contract or arrangement is  contrary  to  or  in  violation  of  law  as
      aforesaid,  if  he  shall  be of the opinion that the facts require such
      action, he is hereby authorized to bring an action in the supreme  court
      in  the name of the people of the state of New York, in any county which
      he may select, for the purpose of testing the validity of  any  contract
      or arrangement made by any of the officers herein named, relating in any
      way  to  the  system of labor adopted, or the employment of prisoners in
      any of said prisons, reformatories, penitentiaries or other correctional
      institutions, or to determine the validity of any act or thing  done  by
      any  officer  herein  mentioned,  which act or thing shall be alleged to
      have been in violation of this article.  Any  party  to  such  contract,
      agreement   or   arrangement   as   aforesaid,   or  interested  in  the
      determination of such action, shall be made defendant, and  pending  the
      trial  or  hearing  of  the  facts  alleged,  or  of  any  issue made as
      aforesaid, the court shall, upon notice  of  the  attorney-general,  and
      upon  a  petition  duly  verified  showing the making of any contract or
      arrangement in violation of the provisions of this article, or the doing
      of any act or thing by any of the parties  defendant,  in  violation  of
      this  article,  grant an injunction order, restraining the parties named
      in said order from the further prosecution of  the  business  complained
      of,  or  from  the  further  performance  of the contract or arrangement
      claimed to have been entered into as  aforesaid,  and  to  restrain  and
      enjoin  such  officer from the further continuance of any act alleged to
      be in violation of this article. And any disobedience of such injunction
      order shall be  punishable  as  provided  by  article  nineteen  of  the
      judiciary  law.  And  upon  any  trial  had,  judgment  shall follow the
      findings of fact made by the court or jury, as in other cases, and  with
      costs, in the discretion of the court.