Assembly Bill A10490

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10490
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Hyndman) --
   read once and referred to the Committee on Correction
 
 AN ACT to amend the  correction  law  and  the  state  finance  law,  in
   relation to the Inmates Responsibility and Fair Wages Act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited  as  the  "Inmates
 Responsibility and Fair Wages Act".
   §  2.  Subdivision 3 of section 170 of the correction law, as added by
 chapter 256 of the laws of 2010, is amended to read as follows:
   3. Notwithstanding any other  provision  of  law,  an  inmate  may  be
 permitted  to  leave  the institution under guard to voluntarily perform
 work for a nonprofit organization.  AN INMATE WHO VOLUNTEERS TO  PERFORM
 WORK  FOR  A NONPROFIT ORGANIZATION SHALL BE PAID A MINIMUM WAGE OF FIVE
 DOLLARS PER HOUR. THE DEPARTMENT IS AUTHORIZED TO CHARGE  THE  NONPROFIT
 ORGANIZATION  A  REASONABLE  HOURLY  RATE  FOR  MEALS AND HOUSING OF ANY
 VOLUNTEERING PRISONERS, IF APPLICABLE. As used in this section, the term
 "nonprofit organization" means an organization operated exclusively  for
 religious, charitable, or educational purposes, no part of the net earn-
 ings  of which inures to the benefit of any private shareholder or indi-
 vidual.
   § 3. Section 171 of the correction law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3. AN INMATE SHALL BE PAID A MINIMUM WAGE OF FIVE DOLLARS PER HOUR FOR
 ANY LABOR PERFORMED.
   § 4. Subdivision 7 of section 177 of the correction law, as renumbered
 by  chapter  256  of the laws of 2010, is renumbered subdivision 8 and a
 new subdivision 7 is added to read as follows:
   7. AN INMATE SHALL BE PAID A MINIMUM WAGE OF FIVE DOLLARS PER HOUR FOR
 ANY LABOR PERFORMED.
   § 5. Section 178 of the correction law, as added by chapter 476 of the
 laws of 1970, is amended to read as follows:
   § 178. Participation in work release and other  community  activities.
 Nothing contained in this article shall be construed or applied so as to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16434-01-0

 A. 10490                            2
 
 prohibit  private  employment  of  inmates in the community under a work
 release program, or a residential treatment facility program  formulated
 pursuant to any provision of this chapter.  AN INMATE PARTICIPATING IN A
 WORK  RELEASE  PROGRAM OR A RESIDENTIAL TREATMENT FACILITY PROGRAM SHALL
 BE PAID A MINIMUM WAGE OF FIVE DOLLARS PER HOUR.
   § 6. Section 184 of the correction law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  AN  INMATE WHO PERFORMS WORK AS IT IS RELATED TO THE MANUFACTURING
 AND PREPARING OF ANY ARTICLE OR MATERIAL AT THE DIRECTION OF THE DEPART-
 MENT SHALL BE PAID A MINIMUM WAGE OF FIVE DOLLARS PER HOUR.
   § 7. Section 186 of the correction law is  amended  by  adding  a  new
 subdivision 5 to read as follows:
   5.  AN  INMATE WHO PERFORMS ANY SERVICE OR MANUFACTURES ANY ARTICLE OR
 MATERIAL SHALL BE PAID A MINIMUM WAGE OF FIVE DOLLARS PER HOUR.
   § 8. Section 187 of the correction law is amended by  adding  two  new
 subdivisions 5 and 6 to read as follows:
   5.  ANY  COMPENSATION PAID TO AN INMATE UNDER THIS ARTICLE SHALL BE IN
 AN AMOUNT GREATER THAN OR  EQUAL  TO  FIVE  DOLLARS  AN  HOUR  FOR  WORK
 PERFORMED  OR  WORK  FOR WHICH A WAGE IS PAID INCLUDING, BUT NOT LIMITED
 TO, ANY TASK ASSIGNED TO AN INMATE FOR WHICH A WAGE WOULD HAVE BEEN  DUE
 EXCEPT FOR HIS OR HER STATUS AS AN INMATE.
   6.  UP  TO  FORTY PERCENT OF ANY HOURLY COMPENSATION PAID TO AN INMATE
 MAY BE DEPOSITED INTO THE PRISON INMATE FUND ESTABLISHED  UNDER  SECTION
 NINETY-NINE-II OF THE STATE FINANCE LAW.
   § 9. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   §  99-II.  PRISON INMATE FUND.   1. THERE IS HEREBY ESTABLISHED IN THE
 JOINT CUSTODY OF THE STATE COMPTROLLER AND THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION A SPECIAL FUND TO  BE  KNOWN  AS  THE  "PRISON
 INMATE FUND".
   2.  THE  PRISON INMATE FUND SHALL CONSIST OF MONETARY GRANTS, GIFTS OR
 BEQUESTS RECEIVED BY THE STATE FOR THE PURPOSES OF  THE  FUND,  AND  ALL
 OTHER  MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
 SOURCE. MONEYS OF SUCH FUND SHALL BE EXPENDED ONLY FOR SUPPORTING PRISON
 INMATES' FAMILIES WITH EXPENSES INCLUDING, BUT NOT LIMITED TO,  DAYCARE,
 CHILD  SUPPORT, RENT AND MEDICAL EXPENSES. THE AMOUNT OF MONEYS A PRISON
 INMATE'S FAMILY RECEIVES FOR SUCH EXPENSES  SHALL  BE  GREATER  THAN  OR
 EQUAL  TO  THE  AMOUNT OF MONEY CONTRIBUTED TO THE FUND FROM SUCH PRISON
 INMATE'S COMPENSATION UNDER  SUBDIVISION  SIX  OF  SECTION  ONE  HUNDRED
 EIGHTY-SEVEN  OF  THE  CORRECTION  LAW.    NOTHING IN THIS SECTION SHALL
 PREVENT THE  STATE  FROM  SOLICITING  AND  RECEIVING  GRANTS,  GIFTS  OR
 BEQUESTS FOR THE PURPOSES OF SUCH FUND AND DEPOSITING THEM INTO THE FUND
 ACCORDING TO LAW.
   3.  MONEYS  IN  SUCH FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE
 COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE  COMPTROLLER  OR
 THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION. ANY MONEYS OF
 THE FUND NOT REQUIRED FOR IMMEDIATE USE MAY, AT THE  DISCRETION  OF  THE
 COMPTROLLER,  IN  CONSULTATION  WITH  THE  DEPARTMENT OF CORRECTIONS AND
 COMMUNITY SUPERVISION, BE INVESTED BY THE COMPTROLLER IN OBLIGATIONS  OF
 THE  UNITED  STATES  OR  THE  STATE, OR IN OBLIGATIONS THE PRINCIPAL AND
 INTEREST ON WHICH ARE GUARANTEED BY THE UNITED STATES OR BY  THE  STATE.
 ANY INCOME EARNED BY THE INVESTMENT OF SUCH MONEYS SHALL BE ADDED TO AND
 BECOME A PART OF, AND SHALL BE USED FOR THE PURPOSES OF SUCH FUND.
   §  10.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law.