BRISPORT, CLEARE, GONZALEZ, MAY, PARKER, RIVERA, SALAZAR
MLTSPNSR
Rpld §§184, 185 & 186, amd Cor L, generally; rpld §162 sub 2 ¶a, sub 4 ¶a sub¶ (iii), sub 5, amd §§162 &
139-j, St Fin L; amd §1-c, Leg L
Establishes a New York state prison labor board to ensure that all labor programs comply with the requirements of the labor law and are for the purpose of promoting successful rehabilitation, reentry and reintegration into the community and not for the purpose of earnings or cost-savings which inure to the benefit the state or any private individual or corporation; prohibits the department of corrections and community supervision from unfairly attaching, garnishing or disbursing the funds of incarcerated individuals where such individuals have not requested disbursement; requires that all interest accumulated on incarcerated individuals' funds be credited to such individual's accounts; eliminates the preferred status of the department of corrections and community supervision regarding commodities and services furnished by the correctional industries program; repeals certain provisions of the state finance law relating to such preferred status.
STATE OF NEW YORK
________________________________________________________________________
6747--A
2023-2024 Regular Sessions
IN SENATE
May 8, 2023
___________
Introduced by Sens. MYRIE, BRISPORT, CLEARE, GONZALEZ, MAY, PARKER,
RIVERA, SALAZAR -- read twice and ordered printed, and when printed to
be committed to the Committee on Crime Victims, Crime and Correction
-- recommitted to the Committee on Crime Victims, Crime and Correction
in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the correction law, in relation to establishing a New
York state prison labor board to ensure that all labor programs comply
with the requirements of the labor law and are for the purpose of
promoting successful rehabilitation, reentry and reintegration into
the community and not for the purpose of earnings or cost-savings
which inure to the benefit of the state or any private individual or
corporation, prohibiting the department of corrections and community
supervision from unfairly attaching, garnishing or disbursing the
funds of incarcerated individuals where such individuals have not
requested disbursement, and requiring that all interest accumulated on
incarcerated individuals' funds be credited to such individual's
accounts; and to repeal sections 184, 185 and 186 of the correction
law relating thereto; to amend the state finance law and the legisla-
tive law, in relation to eliminating the preferred status of the
department of corrections and community supervision regarding commod-
ities and services furnished by the correctional industries program;
and to repeal certain provisions of the state finance law relating to
such preferred status
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short Title. This act shall be known and may be cited as
2 the "fairness and opportunity for incarcerated workers act".
3 § 2. Legislative findings and intent. The legislature hereby declares
4 that:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00136-03-4
S. 6747--A 2
1 1. The current system of prison labor in New York is an outgrowth of
2 the legacy of slavery and has been allowed to continue in our state
3 because of the exception created in the 13th Amendment which abolished
4 slavery "except as punishment for a crime."
5 2. The history of prison labor in New York can be traced back to
6 Auburn Prison, where a cruel and dehumanizing system of forced labor was
7 established 200 years ago with the goal of creating a self-sustaining
8 prison system.
9 3. Today, incarcerated individuals are forced to work under threat of
10 punishment; hourly wages range from ten to sixty-five cents an hour and
11 have not increased since 1993; work conditions are unsafe and have
12 resulted in serious injury and even death; assigned work programs are
13 insufficient to provide incarcerated individuals with the skills and
14 training necessary for successful rehabilitation, reentry and reinte-
15 gration into the community; and there currently exists no means by which
16 incarcerated individuals can organize to work toward improving these
17 conditions.
18 4. The labor of incarcerated individuals has been used to create
19 millions of dollars of profits and cost-savings for the state.
20 5. The current system of prison labor is a violation of human rights
21 and an affront to human dignity.
22 6. The Fairness and Opportunity for Incarcerated Workers Act will: end
23 forced labor; provide for a minimum wage, healthy and safe working
24 conditions, and the right to organize; and require that all work
25 programs provide incarcerated individuals with the skills and training
26 necessary for successful rehabilitation, reentry, and reintegration into
27 the community. The act also establishes a labor board to ensure that
28 these requirements are met; provides a means of redress if labor laws
29 are violated; and eliminates Corcraft's preferred vendor status.
30 § 3. Section 2 of the correction law is amended by adding two new
31 subdivisions 35 and 36 to read as follows:
32 35. "Labor program" means any job or work whereby the department
33 employs, assigns or permits an incarcerated individual to provide
34 services in any correctional facility, jail, reformatory or other insti-
35 tution in the state and for which the minimum wage established by arti-
36 cle nineteen of the labor law would have been due but for such individ-
37 ual's condition of incarceration. Labor programs shall include, but not
38 be limited to, Corcraft prison industry jobs, facility needs jobs,
39 kitchen, laundry, library, groundskeeping and other in-house prison
40 operation and upkeep work, and any other work whereby the labor of an
41 incarcerated individual is contracted, let, farmed out, given or sold to
42 the state, any subdivision thereof, or any public, nonprofit or private
43 entity, shareholder or individual.
44 36. "Labor board" means the prison labor board established pursuant to
45 section 200-a of this chapter.
46 § 4. Section 116 of the correction law, as amended by chapter 322 of
47 the laws of 2021, is amended to read as follows:
48 § 116. [incarcerated] Incarcerated individuals' funds. The warden or
49 superintendent of each of the institutions within the jurisdiction of
50 the department of corrections and community supervision shall deposit at
51 least once in each week to [his or her] such warden or superintendent's
52 credit as such warden, or superintendent, in such bank or banks as may
53 be designated by the comptroller, all the moneys received by [him or
54 her] such warden or superintendent as such warden, or superintendent, as
55 incarcerated individuals' funds, and send to the comptroller and also to
56 the commissioner monthly, a statement showing the amount so received and
S. 6747--A 3
1 deposited. Such statement of deposits shall be certified by the proper
2 officer of the bank receiving such deposit or deposits. The warden, or
3 superintendent, shall also verify by [his or her] such warden or super-
4 intendent's affidavit that the sum so deposited is all the money
5 received by [him or her] such warden or superintendent as incarcerated
6 individuals' funds during the month. Any bank in which such deposits
7 shall be made shall, before receiving any such deposits, file a bond
8 with the comptroller of the state, subject to [his or her] such comp-
9 troller's approval, for such sum as [he or she] such comptroller shall
10 deem necessary. Upon a certificate of approval issued by the director of
11 the budget, [pursuant to the provisions of section fifty-three of the
12 state finance law,] the amount of interest, if any, heretofore accrued
13 and hereafter to accrue on moneys so deposited, heretofore and hereafter
14 credited to the warden, or superintendent, by the bank from time to
15 time, shall be [available for expenditure by the warden, or superinten-
16 dent, subject to the direction of the commissioner, for welfare work
17 among the incarcerated individuals in his or her custody. The withdrawal
18 of moneys so deposited by such warden, or superintendent, as incarcerat-
19 ed individuals' funds, including any interest so credited, shall be
20 subject to his or her check] designated as incarcerated individual's
21 funds. Each warden, or superintendent, shall each month provide the
22 comptroller and also the commissioner with a record of all withdrawals
23 from incarcerated individuals' funds. As used in this section, the term
24 " incarcerated individuals' funds" means the funds in the possession of
25 the incarcerated individual at the time of [his or her] such incarcerat-
26 ed individual's admission into the institution, funds earned by [him or
27 her] such incarcerated individual as provided in section one hundred
28 eighty-seven of this chapter, interest accrued on such funds, and any
29 other funds received by [him or her] such incarcerated individual or on
30 [his or her] such incarcerated individual's behalf and deposited with
31 such warden or superintendent in accordance with the rules and regu-
32 lations of the commissioner. [Whenever the total unencumbered value of
33 funds in an incarcerated individual's account exceeds ten thousand
34 dollars, the superintendent shall give written notice to the office of
35 victim services.]
36 § 5. The correction law is amended by adding a new section 200-a to
37 read as follows:
38 § 200-a. Prison labor board; organization, functions, powers and
39 duties. 1. There is hereby established within the department a prison
40 labor board which, for the purposes of this section, shall be referred
41 to as the "labor board".
42 2. The labor board shall be comprised of the following members:
43 (a) the commissioner or their designee;
44 (b) the deputy commissioner for programs or their designee;
45 (c) the commissioner of the department of labor or their designee;
46 (d) the commissioner of the division of human rights or their desig-
47 nee;
48 (e) one formerly incarcerated individual who shall be appointed by the
49 governor;
50 (f) one formerly incarcerated individual who shall be appointed by the
51 chairperson of the assembly committee on correction;
52 (g) one formerly incarcerated individual who shall be appointed by the
53 chairperson of the senate committee on crime victims, crime and
54 correction;
55 (h) three currently incarcerated individuals from the three correc-
56 tional facilities with the largest prison populations and where Corcraft
S. 6747--A 4
1 industry is in operation. Such individuals shall be appointed by their
2 facility's inmate liaison committee and shall serve terms as defined by
3 this section;
4 (i) one currently incarcerated individual from a women's correctional
5 facility. Such individual shall be appointed by her facility's inmate
6 liaison committee and shall serve a term as defined by this section;
7 (j) two members of nonprofit reentry programs for incarcerated indi-
8 viduals, one of which serves formerly incarcerated individuals in New
9 York city and one of which serves formerly incarcerated individuals
10 statewide; and
11 (k) two members representing organized labor who shall be appointed by
12 the commissioner of the department of labor.
13 3. The commissioner or their designee and the commissioner of the
14 department of labor or their designee shall serve as co-chairpersons of
15 the labor board.
16 4. All individuals appointed to the labor board shall have direct
17 experience with or demonstrated knowledge of prison labor programs,
18 vocational and occupational training, or community reentry and reinte-
19 gration programs.
20 5. All members of the labor board shall be equal voting members.
21 6. All members of the labor board shall serve two years after initial
22 appointment. After their initial terms, all members shall serve four-
23 year terms.
24 7. Any member chosen to fill in a vacancy created, other than by expi-
25 ration of term, shall be appointed for the unexpired term of the member
26 whom such chosen member is to succeed. Vacancies caused by the expira-
27 tion of term or otherwise shall be filled in the same manner as original
28 appointments.
29 8. The labor board members shall continue in office until the expira-
30 tion of their terms and until their successors are appointed.
31 9. No labor board member shall be appointed to the labor board for
32 more than four consecutive terms.
33 10. Appointments to the labor board shall be made within ninety days
34 of the effective date of this section.
35 11. All nongovernmental labor board members shall be reimbursed for
36 reasonable and necessary expenses related to their official duties as
37 members of the labor board.
38 12. The labor board and each member thereof shall have, but not be
39 limited to the following functions, duties, and powers:
40 (a) to ensure that all labor programs are for the purpose of rehabili-
41 tation and community reentry and reintegration, and not for the purpose
42 of creating profits or cost-savings which inure to the benefit of the
43 state, any subdivision thereof, the department of corrections and commu-
44 nity supervision, any public or nonprofit entity, or any private entity,
45 shareholder, or individual;
46 (b) to develop and implement:
47 (i) uniform rules, regulations, standards, processes, and best prac-
48 tices that all labor programs shall meet; and
49 (ii) uniform rules and regulations that govern the responsibilities of
50 the department and the labor board in designing, implementing, approv-
51 ing, and monitoring labor programs;
52 (c) to approve existing labor programs that meet the requirements of
53 this chapter, to make recommendations for labor programs that are not
54 approved, and to design and implement new labor programs;
55 (d) to ensure that labor programs are made available to all incarcer-
56 ated individuals in an equitable and non-discriminatory manner, and to
S. 6747--A 5
1 prohibit the extraction of any form of payment or benefit as a condition
2 of labor program assignment or duties; and
3 (e) to investigate or take such other action as shall be deemed neces-
4 sary or proper with respect to any labor program that does not comply
5 with the requirements of this article.
6 13. Within one year of the enactment of this section, but no later
7 than December thirty-first, two thousand twenty-five, and annually ther-
8 eafter, the labor board shall report to the governor, the temporary
9 president of the senate, and the speaker of the assembly the following
10 information for each correctional facility:
11 (a) all activities undertaken by the labor board including approvals,
12 disapprovals, and investigations of current labor programs, and activ-
13 ities related to the creation of new labor programs;
14 (b) a description of the purpose of each labor program, including the
15 skills required to perform the labor and the training or education
16 offered to attain such skills;
17 (c) the wage rate assigned to each type of labor program including
18 variations within the wage rate based on seniority, skills, or other
19 criteria;
20 (d) the physical and environmental hazards that exist for each type of
21 labor program;
22 (e) a datafile consisting of every incarcerated individual participat-
23 ing in a labor program in which each individual is de-identified but is
24 assigned an ID unique to such datafile, which shall include the follow-
25 ing information for each individual for each pay period during the past
26 year:
27 (i) for each incarcerated individual, the wages received by such
28 incarcerated individual with an indication of any amounts that were
29 garnished or attached by the court or the department;
30 (ii) for each incarcerated individual, the total number of hours
31 worked and hourly wage rate assigned to the labor program;
32 (iii) the race, ethnicity, gender, and age for each incarcerated indi-
33 vidual participating in a labor program;
34 (iv) any injuries reported by an incarcerated individual while partic-
35 ipating in a labor program, including a description of the injury
36 received, or exacerbation of an existing injury, the specific labor
37 program in which the injury was received, the treatment administered,
38 and outcome of such treatment; and
39 (v) any reports regarding an incarcerated individual's refusal to work
40 or threatened refusal to work, reasons for such work refusal, and the
41 consequences imposed including, but not limited to, placement on
42 keeplock status, negative behavior reports, fines, or loss of family
43 visitation or other privileges.
44 (f) recommendations for further study to measure the success of the
45 labor program regarding rehabilitation, reentry, and reintegration into
46 the community.
47 § 6. Section 154 of the correction law, as added by chapter 788 of the
48 laws of 1968, subdivision 4 as amended by section 3 of part F of chapter
49 62 of the laws of 2003, is amended to read as follows:
50 § 154. Disposition of [Earnings] earnings. The earnings of [a prison-
51 er] an incarcerated individual participating in a work release program,
52 less any payroll deductions required or authorized by law, shall be
53 deposited with the department in a trust fund account. Such earnings
54 shall not be subject to attachment or garnishment in the hands of the
55 department. The commissioner is authorized [to provide for disbursements
56 from the trust fund account for any or all of the following purposes:
S. 6747--A 6
1 1. Such costs incident to the prisoner's confinement as the commis-
2 sioner deems appropriate and reasonable.
3 2. Such costs related to the prisoner's work release program as the
4 commissioner deems appropriate and reasonable.
5 3. Support of the prisoner's dependents.
6 4. Payment of court fines, mandatory surcharge, sex offender registra-
7 tion fee, DNA databank fee, restitution or reparation, or forfeitures]
8 and shall approve requests by incarcerated individuals for the disburse-
9 ment of their earnings for commissary purchases, aid to dependents, or
10 any other lawful purposes. The balance of such earnings, if any, after
11 disbursements for any of the foregoing purposes shall be paid [to the
12 prisoner] by check issued by the department and payable to the incarcer-
13 ated individual upon termination of [his] such incarcerated individual's
14 imprisonment.
15 § 7. Subdivision 1 of section 170 of the correction law, as amended by
16 chapter 322 of the laws of 2021, is amended to read as follows:
17 1. The commissioner shall not, nor shall any other authority whatsoev-
18 er, make any contract by which the labor or time of any incarcerated
19 individual in any state or local correctional facility in this state, or
20 the product or profit of [his or her] such incarcerated individual's
21 work, shall be contracted, let, farmed out, given or sold to [any
22 person, firm, association or corporation; except that the incarcerated
23 individuals in said correctional institutions may work for, and the
24 products of their labor may be disposed of to, the state or any poli-
25 tical subdivision thereof, any public institution owned or managed and
26 controlled by the state, or any political subdivision thereof, provided
27 that no incarcerated individual shall be employed or assigned to engage
28 in any activity that involves obtaining access to, collecting or proc-
29 essing social security account numbers of other individuals] the state,
30 any subdivision thereof, the department, or any public, nonprofit or
31 private entity, shareholder, or individual unless such labor program is
32 in compliance with the requirements of this chapter.
33 § 8. Section 171 of the correction law, as amended by chapter 364 of
34 the laws of 1983, the section heading and subdivision 1 as amended by
35 chapter 322 of the laws of 2021, is amended to read as follows:
36 § 171. [Incarcerated individuals to be employed; products of labor of
37 incarcerated individuals] Terms and conditions of labor programs. 1. The
38 commissioner and the superintendents and officials of all penitentiaries
39 in the state may not cause incarcerated individuals in the state correc-
40 tional facilities and such penitentiaries [who are physically capable
41 thereof] to be employed for [not to exceed] more than eight hours of
42 each day other than Sundays and public holidays. Notwithstanding any
43 other provision of this section, however, the commissioner and super-
44 intendents of state correctional facilities may employ incarcerated
45 individuals on a volunteer basis on Sundays and public holidays in
46 specialized areas of the facility, including kitchen areas, vehicular
47 garages, rubbish pickup and grounds maintenance, providing, however,
48 that incarcerated individuals so employed shall be allowed an alterna-
49 tive free day within the normal work week.
50 2. [Such labor] Labor programs shall be [either] for the purpose of
51 [the production of supplies for said institutions, or for the state, or
52 any political subdivision thereof, or for any public institution owned
53 or managed and controlled by the state, or any political subdivision
54 thereof; or for the purpose of industrial training and instruction, or
55 partly for one, and partly for the other of such purposes] promoting
56 successful rehabilitation, reentry and reintegration into the community,
S. 6747--A 7
1 and not for the purpose of creating profits or cost-savings which inure
2 to the benefit of the state, any subdivision thereof, the department, or
3 any public or nonprofit entity, private entity, shareholder or individ-
4 ual.
5 3. All labor programs shall comply with the following terms and condi-
6 tions:
7 (a) No incarcerated individual shall be compelled, threatened, induced
8 or coerced to provide labor against such incarcerated individual's will
9 by means of actual or threatened force, punishment, sexual harm, or by
10 any other means reasonably likely to cause the incarcerated individual
11 to believe that, if they do not provide such labor, that they or another
12 person would suffer physical, emotional or mental harm, or other adverse
13 consequences;
14 (b) The wages paid to incarcerated individuals shall not be less than
15 the minimum wage established by article nineteen of the labor law;
16 (c) All health and safety protections required to be provided to
17 employees under federal and state labor law shall be provided to incar-
18 cerated individuals engaged in labor programs;
19 (d) All incarcerated individuals shall have the right to organize and
20 collectively bargain; and
21 (e) All incarcerated individuals shall be afforded an equal opportu-
22 nity to participate in labor programs and the commissioner, the super-
23 intendents and officials of all correctional facilities, jails, reforma-
24 tories and other institutions shall make all efforts to ensure that
25 assignments are distributed equitably and work is provided to all who
26 request it.
27 4. No incarcerated individual shall be discriminated against in a
28 labor program because of their age, race, creed, color, national origin,
29 sexual orientation, gender identity or expression, military status, sex,
30 disability, predisposing genetic characteristics, familial status, mari-
31 tal status, or status as a victim of domestic violence.
32 5. The department shall not take any retaliatory action against an
33 incarcerated individual, whether or not within the scope of the individ-
34 ual's labor program duties, because such individual does any of the
35 following:
36 (a) discloses, or threatens to disclose to a supervisor or to a public
37 body an activity, policy, or practice of the department that the incar-
38 cerated individual reasonably believes is in violation of law, rule, or
39 regulation, or that the incarcerated individual reasonably believes
40 poses a substantial and specific danger to the public health or safety;
41 (b) provides information to, or testifies before, any public body
42 conducting an investigation, hearing, or inquiry into any such activity,
43 policy or practice by the department; or
44 (c) objects to, or refuses to participate in, any such activity, poli-
45 cy, or practice.
46 6. In no event shall an incarcerated individual be employed in an
47 establishment which has a labor dispute.
48 7. The department of labor shall exercise the same supervision over
49 conditions of employment for incarcerated individuals participating in
50 labor programs as such department does over conditions of employment for
51 non-incarcerated individuals.
52 8. Any incarcerated individual alleging a violation of subdivision
53 three, four, or five of this section against any correctional facility,
54 jail, reformatory, or other institution in the state shall have a cause
55 of action in the court of appropriate jurisdiction for damages and
56 injunctive relief and such other remedies as may be appropriate.
S. 6747--A 8
1 9. Any incarcerated individual alleging a violation of subdivision
2 three, four or five of this section against any officer or employee of
3 any correctional facility, jail, reformatory, or other institution in
4 the state shall, within ten years after the acts alleged to have
5 violated this section, have a cause of action for damages, including
6 punitive damages, injunctive relief, and such other remedies as may be
7 appropriate together with all reasonable attorney's fees and costs.
8 10. The immunity granted pursuant to subdivision one of section twen-
9 ty-four of this chapter shall not extend to actions brought pursuant to
10 subdivision three, four, or five of this section and any action
11 commenced under this section may be brought in any court of competent
12 jurisdiction, including the supreme court.
13 11. A violation of any of the provisions of subdivision three, four,
14 or five of this section by any officer or employee of any correctional
15 facility, jail, reformatory, or other institution in the state shall
16 constitute sufficient cause for the removal of such employee by the duly
17 constituted authority having jurisdiction.
18 § 9. Subdivision 3 of section 177 of the correction law, as amended by
19 chapter 322 of the laws of 2021, is amended to read as follows:
20 3. However, for the purpose of distributing, marketing or sale of the
21 whole or any part of the product of any correctional facility in the
22 state, other than by said state correctional facilities, to the state or
23 to any political subdivisions thereof or to any public institutions
24 owned or managed and controlled by the state, or by any political subdi-
25 visions thereof, or to any public corporation, authority, or eleemosy-
26 nary association funded in whole or in part by any federal, state or
27 local funds, the sheriff of any such local correctional facility and the
28 commissioner of corrections and community supervision may enter into a
29 contract or contracts which may determine the kinds and qualities of
30 articles to be produced by such institution and the method of distrib-
31 ution and sale thereof by the commissioner of corrections and community
32 supervision or under [his or her] such commissioner's direction, either
33 in separate lots or in combination with the products of other such
34 institutions and with the products produced by incarcerated individuals
35 in state correctional facilities. Such contracts may fix and determine
36 any and all terms and conditions for the disposition of such products
37 and the disposition of proceeds of sale thereof and any and all other
38 terms and conditions as may be agreed upon, not inconsistent with the
39 constitution or this chapter. However, no such contract shall be for a
40 period of more than one year and any prices fixed by such contract shall
41 be [the prices established pursuant to section one hundred eighty-six of
42 this article for like articles or shall be] approved by the [department
43 of corrections and community supervision] labor board and the director
44 of the budget on presentation to them of a copy of such contract or
45 proposed contract, and provided further that any distribution or diver-
46 sification of industries provided for by such contract shall be in
47 accordance with the rules and regulations established by the department
48 of corrections and community supervision or shall be approved by such
49 department on presentation to it of a copy of such contract or proposed
50 contract.
51 § 10. Section 178 of the correction law, as amended by chapter 322 of
52 the laws of 2021, is amended to read as follows:
53 § 178. Participation in work release and other community activities.
54 Nothing contained in this article shall be construed or applied so as to
55 prohibit private employment of incarcerated individuals in the community
56 under a work release program, or a residential treatment facility
S. 6747--A 9
1 program [formulated pursuant to any provision] provided such employment
2 complies with the requirements of this chapter.
3 § 11. Subdivisions 1 and 2 of section 183 of the correction law,
4 subdivision 1 as amended by section 26 of subpart A of part C of chapter
5 62 of the laws of 2011 and subdivision 2 as added by chapter 464 of the
6 laws of 1981, are amended to read as follows:
7 1. It shall be the duty of the commissioner to distribute, among the
8 correctional institutions under [his] such commissioner's jurisdiction,
9 the labor and industries assigned to said institutions, due regard being
10 had to the location and convenience of the prisons, and of the other
11 institutions to be supplied, the machinery now therein and the number of
12 [prisoners] incarcerated individuals, in order to secure the best
13 service and distribution of the labor, and to employ the [prisoners, so
14 far as practicable,] incarcerated individuals in occupations in which
15 they will be most likely to obtain employment after their discharge from
16 imprisonment. The commissioner shall change or dispose of the present
17 plants and machinery in said institutions now used in industries which
18 shall be discontinued, and which can not be used in the industries here-
19 after to be carried on in said prisons, due effort to be made by full
20 notice to probable purchasers, in case of sales of industries or machin-
21 ery, to obtain the best price possible for the property sold, and good
22 will of the business to be discontinued.
23 2. The commissioner shall submit reports, quarterly, to the labor
24 board, the senate finance committee, the assembly ways and means commit-
25 tee, and the director of the budget, regarding industries under [his]
26 such commissioner's jurisdiction. Such reports shall include, but not
27 be limited to, the following:
28 (a) all materials, machinery or other property procured, and the cost
29 thereof;
30 (b) all other expenditures and the nature thereof;
31 (c) all receipts and the nature thereof;
32 (d) all inventory on hand at the opening and closing of the quarter;
33 and
34 (e) recommendations regarding the continuance of the program.
35 § 12. Sections 184, 185 and 186 of the correction law are REPEALED.
36 § 13. Section 187 of the correction law, as amended by chapter 322 of
37 the laws of 2021, is amended to read as follows:
38 § 187. Earnings of incarcerated individuals. 1. Every incarcerated
39 individual confined in a [state] correctional facility, [subject to the
40 rules and regulations of the department of corrections and community
41 supervision, and every incarcerated individual confined in a local
42 correctional facility, in the discretion of the sheriff thereof, may]
43 jail, reformatory, or other institution in the state shall receive
44 compensation for work performed during [his or her] such incarcerated
45 individual's imprisonment. Such compensation shall be graded by the
46 [department of corrections and community supervision] labor board, with
47 regard to incarcerated individuals [employed in prison industries]
48 participating in labor programs, based upon the work performed by such
49 [prisoners for prisoners confined in state correctional facilities, and
50 by the sheriffs in all local correctional facilities for incarcerated
51 individuals confined therein] incarcerated individual.
52 2. The [department of corrections and community supervision] labor
53 board shall adopt rules, subject to the approval of the director of the
54 budget, for establishing in all of the state correctional facilities a
55 system of compensation for the incarcerated individuals confined there-
56 in. Such rules shall provide for the payment of compensation to each
S. 6747--A 10
1 incarcerated individual[, who] and shall meet the requirements estab-
2 lished by [the department of corrections and community supervision,
3 based upon the work performed by such incarcerated individuals] this
4 chapter.
5 3. The [department] labor board shall prepare graded wage schedules
6 for incarcerated individuals, which schedules shall be based upon clas-
7 sifications according to the value of work performed by each and in no
8 instance shall be lower than the minimum wage established by article
9 nineteen of the labor law. Such schedules [need not] shall be uniform in
10 all institutions. [The rules of the department shall also provide for
11 the establishment of a credit system for each incarcerated individual
12 and the manner in which such earnings shall be paid to the incarcerated
13 individual or [his or her] such incarcerated individual's dependents or
14 held in trust for [him or her] such incarcerated individual until [his
15 or her] such incarcerated individual's release.
16 4. Any compensation paid to an incarcerated individual under this
17 article shall be based on the work performed by such incarcerated indi-
18 vidual. Compensation may be paid from moneys appropriated to the depart-
19 ment and available to facilities for nonpersonal service.]
20 § 14. Section 189 of the correction law, as amended by chapter 3 of
21 the laws of 1995, is amended to read as follows:
22 § 189. Disposition of moneys paid to [prisoner] incarcerated individ-
23 ual for [his] such incarcerated individual's labor. [1.] The earnings,
24 including any accrued interest, of an incarcerated individual partic-
25 ipating in a labor program shall be held by the department in a trust
26 fund account. Such earnings shall not be subject to attachment or
27 garnishment in the hands of the department. The amount of such [compen-
28 sation] earnings to the credit of any [prisoner] incarcerated individual
29 may be drawn by the [prisoner] incarcerated individual during [his] such
30 incarcerated individual's imprisonment[, only upon approval of the
31 commissioner to] for aid to dependent relatives [of such prisoner],
32 commissary purchases, or for [such] any other [purposes as the commis-
33 sioner may approve. Such disbursement to aid a dependent relative of a
34 prisoner may be made without the consent of such prisoner upon the
35 certificate of the commissioner of social services, or other officer
36 performing the duties of a commissioner of welfare, of the community in
37 which such dependent is located] lawful purpose. Any balance to the
38 credit of any [prisoner] incarcerated individual at the time of [his]
39 such incarcerated individual's conditional release as provided by this
40 chapter shall be subject to the draft of the [prisoner in such amounts
41 and at such times as the commissioner shall approve] incarcerated indi-
42 vidual; provided, however, that at the date of absolute discharge of any
43 [prisoner] incarcerated individual the balance as aforesaid shall be
44 paid to such [prisoner] incarcerated individual.
45 § 15. Section 189 of the correction law, as amended by chapter 738 of
46 the laws of 1942, is amended to read as follows:
47 § 189. Disposition of moneys paid to [prisoner] incarcerated individ-
48 ual for [his] such incarcerated individual's labor. The earnings,
49 including any accrued interest, of an incarcerated individual partic-
50 ipating in a labor program shall be held by the department in a trust
51 fund account. Such earnings shall not be subject to attachment or
52 garnishment in the hands of the department. The amount of such [compen-
53 sation] earnings to the credit of any [prisoner] incarcerated individual
54 may be drawn by the [prisoner] incarcerated individual during [his] such
55 incarcerated individual's imprisonment[, only upon approval of the
56 commissioner to] for aid to dependent relatives [of such prisoner],
S. 6747--A 11
1 commissary purchases, or for [such] any other [purposes as the commis-
2 sioner may approve. Such disbursement to aid a dependent relative of a
3 prisoner may be made without the consent of such prisoner upon the
4 certificate of the commissioner of welfare, or other officer performing
5 the duties of a commissioner of welfare, of the community in which such
6 dependent is located] lawful purpose. Any balance to the credit of any
7 [prisoner] incarcerated individual at the time of [his] such incarcerat-
8 ed individual's conditional release as provided by this chapter shall be
9 subject to the draft of the [prisoner in such amounts and at such times
10 as the commissioner shall approve] incarcerated individual; provided,
11 however, that at the date of absolute discharge of any [prisoner] incar-
12 cerated individual the balance as aforesaid shall be paid to such [pris-
13 oner] incarcerated individual.
14 § 16. Section 190 of the correction law, as amended by section 23 of
15 subpart B of part C of chapter 62 of the laws of 2011, is amended to
16 read as follows:
17 § 190. Monthly statement of receipts and expenditures for industries.
18 The warden of each of the state prisons shall, on the first of each
19 month, make a full detailed statement of all materials, machinery or
20 other property procured, and of the cost thereof, and of the expendi-
21 tures made during the last preceding month for manufacturing purposes,
22 together with a statement of all materials then on hand to be manufac-
23 tured, or in process of manufacture, or manufactured, and of machinery,
24 fixtures or other appurtenances for the purpose of carrying on the labor
25 of the [prisoners] incarcerated individual, and the amount and kinds of
26 work done, and the earnings realized, and the total amount of moneys
27 coming into [his or her] such incarcerated individual's hands as such
28 warden during such last preceding month as the proceeds of the labor of
29 the [prisoners] incarcerated individuals at such prison, which statement
30 shall be verified by the oath of such warden to be just and true, and
31 shall be by [him or her] such warden forwarded to the department and the
32 labor board.
33 § 17. Subdivisions 2, 3, 4, and 6 of section 200 of the correction
34 law, subdivisions 2, 3, and 4 as amended by chapter 322 of the laws of
35 2021, and subdivision 6 as added by chapter 536 of the laws of 1974, are
36 amended to read as follows:
37 2. In lieu of the system of labor in correctional institutions estab-
38 lished by this article, the [commissioner may] labor board shall, in
39 order to facilitate an incarcerated individual's eventual reintegration
40 into society, establish for the incarcerated individuals in one or more
41 state correctional institutions a system of educational, career and
42 industrial training programs, and of incentive allowances for each such
43 program. Educational, career and industrial training programs shall not
44 include any job or work that is part of a labor program as defined by
45 subdivision thirty-five of section two of this chapter.
46 3. For each institution wherein such system is established the
47 [commissioner] labor board shall prepare, and may at times revise, grad-
48 ed incentive allowance schedules for the incarcerated individuals within
49 each such program based upon the levels of performance and achievement
50 by an incarcerated individual in a program to which [he or she] such
51 incarcerated individual has been assigned. Upon the approval of the
52 director of the budget such schedules or revisions thereof may be
53 promulgated.
54 4. The [commissioner] labor board shall also provide for the estab-
55 lishment of a credit system for each incarcerated individual and the
56 manner in which incentive allowances shall be paid to the incarcerated
S. 6747--A 12
1 individual or [his or her] such incarcerated individual's dependents or
2 held in trust for [him or her] such incarcerated individual until [his
3 or her] such incarcerated individual's release. The amount of incentive
4 allowed to the credit of any incarcerated individual shall be disposed
5 of as provided by section one hundred eighty-nine of this article.
6 6. [Except as otherwise provided by this section, those provisions of
7 law dealing with labor in state correctional institutions shall apply to
8 industrial training in state correctional institutions including the
9 disposition of services rendered and products produced incidental to
10 such industrial training.] All health and safety protections required to
11 be provided to employees under federal and state labor law shall be
12 provided to incarcerated individuals engaged in educational, career and
13 industrial training programs.
14 § 18. Paragraph a of subdivision 2 of section 162 of the state
15 finance law is REPEALED and paragraphs b, c, d, e, and f are relettered
16 paragraphs a, b, c, d, and e.
17 § 19. Subdivision 3 of section 162 of the state finance law, as added
18 by chapter 83 of the laws of 1995, paragraphs a and b as amended by
19 section 164 of subpart B of part C of chapter 62 of the laws of 2011, is
20 amended to read as follows:
21 3. Public list of services and commodities provided by preferred
22 sources.
23 a. By December thirty-first, nineteen hundred ninety-five, the commis-
24 sioner, in consultation with the commissioners of [corrections and
25 community supervision,] the office of children and family services, the
26 office of temporary and disability assistance, mental health and educa-
27 tion, shall prepare a list of all commodities and services that are
28 available and are being provided as of said date, for purchase by state
29 agencies, public benefit corporations or political subdivisions from
30 those entities accorded preference or priority status under this
31 section. Such list may include references to catalogs and other descrip-
32 tive literature which are available directly from any provider accorded
33 preferred status under this section. The commissioner shall make this
34 list available to prospective vendors, state agencies, public benefit
35 corporations, political subdivisions and other interested parties. Ther-
36 eafter, new or substantially different commodities or services may only
37 be made available by preferred sources for purchase by more than one
38 state agency, public benefit corporation or political subdivision after
39 addition to said list.
40 b. After January first, nineteen hundred ninety-six, upon the applica-
41 tion of [the commissioner of corrections and community supervision,] the
42 commissioner of the office of children and family services, the office
43 of temporary and disability assistance, the commissioner of mental
44 health or the commissioner of education, or a non-profit-making facili-
45 tating agency designated by one of the said commissioners pursuant to
46 paragraph e of subdivision [six] five of this section, the state
47 procurement council may recommend that the commissioner: (i) add commod-
48 ities or services to, or (ii) in order to insure that such list reflects
49 current production and/or availability of commodities and services,
50 delete at the request of a preferred source, commodities or services
51 from, the list established by paragraph a of this subdivision. The coun-
52 cil may make a non-binding recommendation to the relevant preferred
53 source to delete a commodity or service from such list. Additions may be
54 made only for new services or commodities, or for services or commod-
55 ities that are substantially different from those reflected on said list
56 for that provider. The decision to recommend the addition of services or
S. 6747--A 13
1 commodities shall be based upon a review of relevant factors as deter-
2 mined by the council including costs and benefits to be derived from
3 such addition and shall include an analysis by the office of general
4 services conducted pursuant to subdivision [six] five of this section.
5 Unless the state procurement council shall make a recommendation to the
6 commissioner on any such application within one hundred twenty days of
7 receipt thereof, such application shall be deemed recommended. In the
8 event that the state procurement council shall deny any such applica-
9 tion, the commissioner or non-profit-making agency which submitted such
10 application may, within thirty days of such denial, appeal such denial
11 to the commissioner of general services who shall review all materials
12 submitted to the state procurement council with respect to such applica-
13 tion and who may request such further information or material as is
14 deemed necessary. Within sixty days of receipt of all information or
15 materials deemed necessary, the commissioner shall render a written
16 final decision on the application which shall be binding upon the appli-
17 cant and upon the state procurement council.
18 c. The list maintained by the office of general services pursuant to
19 paragraph a of this subdivision shall be revised as necessary to reflect
20 the additions and deletions of commodities and services approved by the
21 state procurement council.
22 § 20. Subparagraph (iii) of paragraph a of subdivision 4 of section
23 162 of the state finance law is REPEALED.
24 § 21. Subparagraphs (i) and (ii) of paragraph a, subparagraphs (i),
25 (ii) and (iii) of paragraph b and paragraph c of subdivision 4 of
26 section 162 of the state finance law, subparagraph (i) of paragraph a as
27 amended by section 164 of subpart B of part C of chapter 62 of the laws
28 of 2011, subparagraph (ii) of paragraph a as amended by chapter 91 of
29 the laws of 2023, subparagraphs (i) and (ii) of paragraph b and para-
30 graph c as added by chapter 83 of the laws of 1995, and subparagraph
31 (iii) of paragraph b of subdivision 4 as amended by chapter 430 of the
32 laws of 1997, are amended to read as follows:
33 (i) When commodities are available, in the form, function and utility
34 required by a state agency, public authority, commission, public benefit
35 corporation or political subdivision, said commodities must be purchased
36 first from [the correctional industries program of the department of
37 corrections and community supervision] approved charitable non-profit-
38 making agencies for the blind;
39 (ii) When commodities are available, in the form, function and utility
40 required by, a state agency or political subdivision or public benefit
41 corporation having their own purchasing agency, and such commodities are
42 not available pursuant to subparagraph (i) of this paragraph, said
43 commodities shall then be purchased from [approved charitable non-pro-
44 fit-making agencies for the blind] a qualified non-profit-making agency
45 for other severely disabled persons, a qualified special employment
46 program for mentally ill persons, or a qualified veterans' workshop,
47 provided, however, the preferred source shall perform fifty percent or
48 more of the work;
49 (i) state agencies or political subdivisions or public benefit corpo-
50 rations having their own purchasing agency shall make reasonable efforts
51 to provide a notification describing their requirements to those
52 preferred sources, or to the facilitating entity identified in paragraph
53 e of subdivision [six] five of this section, which provide the required
54 services as indicated on the official public list maintained by the
55 office of general services pursuant to subdivision three of this
56 section;
S. 6747--A 14
1 (ii) if, within ten days of the notification required by subparagraph
2 (i) of this paragraph, one or more preferred sources or facilitating
3 entities identified in paragraph e of subdivision [six] five of this
4 section submit a notice of intent to provide the service in the form,
5 function and utility required, said service shall be purchased in
6 accordance with this section. If more than one preferred source or
7 facilitating entity identified in paragraph e of subdivision [six] five
8 of this section submits notification of intent and meets the require-
9 ments, costs shall be the determining factor for purchase among the
10 preferred sources;
11 (iii) if, within ten days of the notification required by subparagraph
12 (i) of this paragraph, no preferred source or facilitating entity iden-
13 tified in paragraph e of subdivision [six] five of this section indi-
14 cates intent to provide the service, then the service shall be procured
15 in accordance with section one hundred sixty-three of this article. If,
16 after such period, a preferred source elects to bid on the service,
17 award shall be made in accordance with section one hundred sixty-three
18 of this article or as otherwise provided by law.
19 c. For the purposes of commodities and services produced by special
20 employment programs operated by facilities approved or operated by the
21 office of mental health, facilities within the office of mental health
22 shall be exempt from the requirements of subparagraph (i) of paragraph a
23 of this subdivision. When such requirements of the office of mental
24 health cannot be met pursuant to subparagraph (ii) [or (iii)] of para-
25 graph a of this subdivision, or paragraph b of this subdivision, the
26 office of mental health may purchase commodities and services which are
27 competitive in price and comparable in quality to those which could
28 otherwise be obtained in accordance with this article, from special
29 employment programs operated by facilities within the office of mental
30 health or other programs approved by the office of mental health.
31 § 22. Subparagraph (ii) of paragraph a of subdivision 4 of section 162
32 of the state finance law, as added by chapter 83 of the laws of 1995, is
33 amended to read as follows:
34 (ii) When commodities are available, in the form, function and utility
35 required by, a state agency or political subdivision or public benefit
36 corporation having their own purchasing agency, and such commodities are
37 not available pursuant to subparagraph (i) of this paragraph, said
38 commodities shall then be purchased from [approved charitable non-pro-
39 fit-making agencies for the blind] a qualified non-profit-making agency
40 for other severely disabled persons, a qualified special employment
41 program for mentally ill persons, or a qualified veterans' workshop
42 provided, however, the preferred source shall perform fifty percent or
43 more of the work;
44 § 23. Subdivision 5 of section 162 of the state finance law is
45 REPEALED and subdivisions 6, 7, 8, and 9 are renumbered subdivisions 5,
46 6, 7 and 8.
47 § 24. The opening paragraph and paragraph a of subdivision 5 of
48 section 162 of the state finance law, as amended by chapter 565 of the
49 laws of 2022 and as renumbered by section twenty-three of this act, is
50 amended to read as follows:
51 Prices charged by agencies for the blind, other disabled and veterans'
52 entity, and the department of corrections and community supervision.
53 a. [Except with respect to the correctional industries program of the
54 department of corrections and community supervision, it] It shall be the
55 duty of the commissioner to determine, and from time to time review, the
56 prices of all commodities and to approve the price of all services
S. 6747--A 15
1 provided by the department of corrections and community supervision and
2 preferred sources as specified in this section offered to state agen-
3 cies, political subdivisions or public benefit corporations having their
4 own purchasing office. The commissioner's price review and approval
5 shall not be required for any purchases below one hundred thousand
6 dollars.
7 § 25. Subparagraph 9 of paragraph a of subdivision 3 of section 139-j
8 of the state finance law, as amended by chapter 265 of the laws of 2013,
9 is amended to read as follows:
10 (9) Any communications relating to a governmental procurement made
11 under section one hundred sixty-two of the state finance law undertaken
12 by (i) the non-profit-making agencies appointed pursuant to paragraph e
13 of subdivision [six] five of section one hundred sixty-two of the state
14 finance law by the commissioner of the office of children and family
15 services, the commission for the blind, or the commissioner of educa-
16 tion, and (ii) the qualified charitable non-profit-making agencies for
17 the blind, and qualified charitable non-profit-making agencies for other
18 severely disabled persons as identified in subdivision two of section
19 one hundred sixty-two of this chapter; provided, however, that any
20 communications which attempt to influence the issuance or terms of the
21 specifications that serve as the basis for bid documents, requests for
22 proposals, invitations for bids, or solicitations of proposals, or any
23 other method for soliciting a response from offerers intending to result
24 in a procurement contract with a state agency, the state legislature,
25 the unified court system, a municipal agency or local legislative body
26 shall not be exempt from the provisions of this paragraph; provided,
27 however, that nothing in this subdivision shall be construed as recog-
28 nizing or creating any new rights, duties or responsibilities or abro-
29 gating any existing rights, duties or responsibilities of any govern-
30 mental entity as it pertains to implementation and enforcement of
31 article eleven of this chapter or any other provision of law dealing
32 with the governmental procurement process, and that nothing in this
33 subdivision shall be interpreted to limit the authority of a govern-
34 mental entity involved in a government procurement by exercise of an
35 oversight function from providing information to offerers regarding the
36 status of the review, oversight, or approval of a governmental procure-
37 ment that has been submitted to or is under review by that governmental
38 entity;
39 § 26. Subparagraph (G) of the second undesignated paragraph of subdi-
40 vision (c) of section 1-c of the legislative law, as amended by chapter
41 265 of the laws of 2013, is amended to read as follows:
42 (G) Any activity relating to governmental procurements made under
43 section one hundred sixty-two of the state finance law undertaken by (i)
44 the non-profit-making agencies appointed pursuant to paragraph e of
45 subdivision [six] five of section one hundred sixty-two of the state
46 finance law by the commissioner of the office of children and family
47 services, the commission for the blind, or the commissioner of educa-
48 tion, and (ii) the qualified charitable non-profit-making agencies for
49 the blind, and qualified charitable non-profit-making agencies for other
50 severely disabled persons as identified in subdivision two of section
51 one hundred sixty-two of the state finance law; provided, however, that
52 any attempt to influence the issuance or terms of the specifications
53 that serve as the basis for bid documents, requests for proposals, invi-
54 tations for bids, or solicitations of proposals, or any other method for
55 soliciting a response from offerers intending to result in a procurement
56 contract with a state agency, the state legislature, the unified court
S. 6747--A 16
1 system, a municipal agency or local legislative body shall not be exempt
2 from the definition of "lobbying" or "lobbying activities" under this
3 subparagraph;
4 § 27. Severability clause. If any clause, sentence, paragraph, subdi-
5 vision, section or part of this act shall be adjudged by any court of
6 competent jurisdiction to be invalid, such judgment shall not affect,
7 impair, or invalidate the remainder thereof, but shall be confined in
8 its operation to the clause, sentence, paragraph, subdivision, section
9 or part thereof directly involved in the controversy in which such judg-
10 ment shall have been rendered. It is hereby declared to be the intent of
11 the legislature that this act would have been enacted even if such
12 invalid provisions had not been included herein.
13 § 28. This act shall take effect immediately; provided, however, that
14 the amendments to section 189 of the correction law made by section
15 fourteen of this act shall be subject to the expiration and reversion of
16 such section pursuant to subdivision h of section 74 of chapter 3 of the
17 laws of 1995, as amended, when upon such date the provisions of section
18 fifteen of this act shall take effect; provided further, however that
19 the relettering of paragraphs d, e and f of subdivision 2 of section 162
20 of the state finance law made by section eighteen of this act shall not
21 affect the expiration of such paragraphs and shall expire therewith;
22 provided further, however, that the amendments to subparagraph (ii) of
23 paragraph a of subdivision 4 of section 162 of the state finance law
24 made by section twenty-one of this act shall be subject to the expira-
25 tion and reversion of such subparagraph pursuant to section 2 of chapter
26 91 of the laws of 2023, as amended, when upon such date the provisions
27 of section twenty-two of this act shall take effect; provided further,
28 that the amendments to section 139-j of the state finance law made by
29 section twenty-five of this act shall not affect the repeal of such
30 section and shall be deemed repealed therewith.
