Section 33.09. Employment of patients

(a)  The  department shall encourage employment of patients as part of
  therapeutic, community care,  or  release  programs  and  shall  promote
  training  of  patients  for  gainful  employment. The commissioner shall
  adopt regulations to further the purposes of this section.
    (b) A patient employed by a facility shall  receive  compensation  for
  his services in accordance with applicable state and federal labor laws.
  Any  such employment shall be subject to regulations of the commissioner
  as to the nature and circumstances of the employment.
    (c) The provisions of the workers' compensation law, the  unemployment
  insurance  law, and articles thirteen, nineteen, and twenty of the labor
  law shall not apply to any patient in a facility  with  respect  to  his
  participation  in  a sheltered workshop program, provided, however, that
  participants in sheltered workshop programs operated by  the  office  of
  mental  health,  the  office  of  mental  retardation  and developmental
  disabilities or voluntary  agencies  or  institutional  worker  programs
  operated  by  the office of mental health shall be eligible for workers'
  compensation benefits (excluding benefits provided pursuant  to  article
  nine of the workers' compensation law) if such offices or agencies elect
  to  provide  such  benefits.  Sheltered workshops operated at department
  facilities shall be subject to the laws and  regulations  applicable  to
  sheltered workshops operated by voluntary agencies.