Bill Text: NY S02345 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts "the prison minimum wage act" relating to payment for labor performed by incarcerated individuals.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02345 Detail]

Download: New_York-2023-S02345-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2345

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sens.  MYRIE,  BAILEY,  COMRIE,  HOYLMAN-SIGAL, JACKSON,
          KAVANAGH, KRUEGER, RAMOS, RIVERA, SALAZAR, SANDERS -- read  twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Crime Victims, Crime and Correction

        AN ACT to amend the correction law, in relation to enacting "the  prison
          minimum wage act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be  cited  as  "the  prison
     2  minimum wage act".
     3    § 2. Subdivision 3 of section 170 of the correction law, as amended by
     4  chapter 322 of the laws of 2021, is amended to read as follows:
     5    3.  Notwithstanding  any other provision of law, an incarcerated indi-
     6  vidual may be permitted to leave the institution under guard  to  volun-
     7  tarily  perform  work  for  a nonprofit organization; provided that each
     8  incarcerated individual who volunteers to perform work for  a  nonprofit
     9  organization  shall be paid a minimum hourly wage of not less than three
    10  dollars. The department shall be entitled to charge the nonprofit organ-
    11  ization a reasonable hourly rate for meals and housing of  such  prison-
    12  ers,  if any. As used in this section, the term "nonprofit organization"
    13  means an organization operated exclusively for religious, charitable, or
    14  educational purposes, no part of the net earnings of which inures to the
    15  benefit of any private shareholder or individual.
    16    § 3. Section 171 of the correction law is  amended  by  adding  a  new
    17  subdivision 3 to read as follows:
    18    3.  Any  incarcerated individual performing labor as described in this
    19  section shall be compensated for his or her labor in accordance with the
    20  provisions of subdivision five of section one  hundred  eighty-seven  of
    21  this article.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01349-01-3
        S. 2345                             2

     1    § 4. Subdivision 7 of section 177 of the correction law, as renumbered
     2  by  chapter  256  of the laws of 2010, is renumbered subdivision 8 and a
     3  new subdivision 7 is added to read as follows:
     4    7.  Any  incarcerated individual performing labor as described in this
     5  section shall be compensated for his or her labor in accordance with the
     6  provisions of subdivision five of section one  hundred  eighty-seven  of
     7  this article.
     8    §  5.  Section 178 of the correction law, as amended by chapter 322 of
     9  the laws of 2021, is amended to read as follows:
    10    § 178. Participation in work release and other  community  activities.
    11  1. Nothing contained in this article shall be construed or applied so as
    12  to prohibit private employment of incarcerated individuals in the commu-
    13  nity  under  a work release program, or a residential treatment facility
    14  program formulated pursuant to any provision of this chapter.
    15    2. Any incarcerated individual who is employed under  a  work  release
    16  program  or a residential treatment facility program formulated pursuant
    17  to any provision of this chapter shall be compensated  for  his  or  her
    18  labor  in  accordance with the provisions of subdivision five of section
    19  one hundred eighty-seven of this article.
    20    § 6. Section 184 of the correction law is  amended  by  adding  a  new
    21  subdivision 3 to read as follows:
    22    3.  Any  incarcerated  individual performing work as described in this
    23  section shall be compensated for his or her labor in accordance with the
    24  provisions of subdivision five of section one  hundred  eighty-seven  of
    25  this article.
    26    §  7.  Section  186  of  the correction law is amended by adding a new
    27  subdivision 5 to read as follows:
    28    5. Any service performed by an incarcerated individual as described in
    29  this section shall be compensated in accordance with the  provisions  of
    30  subdivision five of section one hundred eighty-seven of this article.
    31    §  8.  Section  187  of  the correction law is amended by adding a new
    32  subdivision 5 to read as follows:
    33    5. Notwithstanding any provision of law, rule  or  regulation  to  the
    34  contrary, no incarcerated individual shall be compensated an amount that
    35  is  less than three dollars an hour for work performed or work for which
    36  a wage is paid. As used in this subdivision, "work for which a  wage  is
    37  paid" includes any task assigned to an incarcerated individual for which
    38  a  wage would have been due except for his or her status as an incarcer-
    39  ated individual.
    40    § 9. This act shall take effect on the one hundred eightieth day after
    41  it shall have become a law. Effective immediately the  addition,  amend-
    42  ment and/or repeal of any rule or regulation necessary for the implemen-
    43  tation  of  this act on its effective date are authorized to be made and
    44  completed on or before such date.