33.09 - Employment of patients.

§ 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 for people with 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.