Relates to incarcerated individuals wages; provides that incarcerated individuals shall be compensated at a base rate of $1.20 to $10 per day and shall be given biannual raises for adequate performance; provides that incarcerated individuals not participating in a work or program assignment due to age or frailty shall be paid $1.00 per day, adjusted every 5 years for cost of living.
STATE OF NEW YORK
________________________________________________________________________
467
2023-2024 Regular Sessions
IN SENATE
January 4, 2023
___________
Introduced by Sen. SEPULVEDA -- 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 incarcerated individ-
uals wages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 187 of the correction law is amended by adding a
2 new subdivision 5 to read as follows:
3 5. Incarcerated individuals shall be compensated for all work and
4 program assignments at a base rate of compensation of one dollar twenty
5 cents to ten dollars per day and shall be given biannual raises for
6 adequate performance in such assignments. An incarcerated individual
7 working in a manufacturing or industrial assignment shall receive
8 compensation of five to ten dollars per day for the duration of the time
9 such incarcerated individual works in such assignment and shall revert
10 to his or her previous rate of compensation once he or she is no longer
11 working in such assignment. Unless an incarcerated individual is leav-
12 ing such manufacturing or industrial assignment, his or her compensation
13 for performing his or her work or program assignment shall not be
14 decreased if he or she is transferred to a different facility or changes
15 assignments within a facility. The department shall review and adjust
16 the base rate of compensation of incarcerated individuals every five
17 years after the effective date of this subdivision to adjust for cost-
18 of-living increases. A cost-of-living adjustment shall be made if the
19 sum of the annual average changes of the consumer price index for all
20 urban consumers (CPI-U), as published annually by the United States
21 department of labor bureau of labor statistics, is ten percent or great-
22 er upon review. Incarcerated individuals who are not able to work or
23 participate in programs because of a medical, mental, cognitive, devel-
24 opmental or physical impairment or condition or who are over the age of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01561-01-3
S. 467 2
1 sixty and not participating in a work or program assignment because of
2 age-related infirmity or frailty shall be paid one dollar per day,
3 adjusted every five years for cost of living.
4 § 2. This act shall take effect one year after it shall have become a
5 law.