STATE OF NEW YORK
________________________________________________________________________
287
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sens. MYRIE, BAILEY, BIAGGI, COMRIE, HOYLMAN, JACKSON,
KAVANAGH, KRUEGER, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO --
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 added by
4 chapter 256 of the laws of 2010, is amended to read as follows:
5 3. Notwithstanding any other provision of law, an inmate may be
6 permitted to leave the institution under guard to voluntarily perform
7 work for a nonprofit organization; provided that each inmate who volun-
8 teers to perform work for a nonprofit organization shall be paid a mini-
9 mum hourly wage of not less than three dollars. The department shall be
10 entitled to charge the nonprofit organization a reasonable hourly rate
11 for meals and housing of such prisoners, if any. As used in this
12 section, the term "nonprofit organization" means an organization oper-
13 ated exclusively for religious, charitable, or educational purposes, no
14 part of the net earnings of which inures to the benefit of any private
15 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 inmate performing labor as described in this section shall be
19 compensated for his or her labor in accordance with the provisions of
20 subdivision five of section one hundred eighty-seven of this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02333-01-1
S. 287 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 inmate performing labor as described in this section shall be
5 compensated for his or her labor in accordance with the provisions of
6 subdivision five of section one hundred eighty-seven of this article.
7 § 5. Section 178 of the correction law, as added by chapter 476 of the
8 laws of 1970, is amended to read as follows:
9 § 178. Participation in work release and other community activities.
10 1. Nothing contained in this article shall be construed or applied so as
11 to prohibit private employment of inmates in the community under a work
12 release program, or a residential treatment facility program formulated
13 pursuant to any provision of this chapter.
14 2. Any inmate who is employed under a work release program or a resi-
15 dential treatment facility program formulated pursuant to any provision
16 of this chapter shall be compensated for his or her labor in accordance
17 with the provisions of subdivision five of section one hundred eighty-
18 seven of this article.
19 § 6. Section 184 of the correction law is amended by adding a new
20 subdivision 3 to read as follows:
21 3. Any inmate performing work as described in this section shall be
22 compensated for his or her labor in accordance with the provisions of
23 subdivision five of section one hundred eighty-seven of this article.
24 § 7. Section 186 of the correction law is amended by adding a new
25 subdivision 5 to read as follows:
26 5. Any service performed by an inmate as described in this section
27 shall be compensated in accordance with the provisions of subdivision
28 five of section one hundred eighty-seven of this article.
29 § 8. Section 187 of the correction law is amended by adding a new
30 subdivision 5 to read as follows:
31 5. Notwithstanding any provision of law, rule or regulation to the
32 contrary, no inmate shall be compensated an amount that is less than
33 three dollars an hour for work performed or work for which a wage is
34 paid. As used in this subdivision, "work for which a wage is paid"
35 includes any task assigned to an inmate for which a wage would have been
36 due except for his or her status as an inmate.
37 § 9. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law. Effective immediately the addition, amend-
39 ment and/or repeal of any rule or regulation necessary for the implemen-
40 tation of this act on its effective date are authorized to be made and
41 completed on or before such date.
