The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1275

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by  M.  of A. PERRY, DE LA ROSA, EPSTEIN, ORTIZ, RICHARDSON,
  WALKER,  MOSLEY  --  read  once  and  referred  to  the  Committee  on
  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:

  Section  1.  This  act  shall be known and may be cited as "the prison
minimum wage 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; PROVIDED THAT EACH INMATE WHO VOLUN-
TEERS TO PERFORM WORK FOR A NONPROFIT ORGANIZATION SHALL BE PAID A MINI-
MUM HOURLY WAGE OF NOT LESS THAN THREE DOLLARS. THE DEPARTMENT SHALL  BE
ENTITLED  TO  CHARGE THE NONPROFIT ORGANIZATION A REASONABLE HOURLY RATE
FOR MEALS AND HOUSING OF  SUCH  PRISONERS,  IF  ANY.  As  used  in  this
section,  the  term "nonprofit organization" means an organization oper-
ated exclusively for religious, charitable, or educational purposes,  no
part  of  the net earnings of which inures to the benefit of any private
shareholder or individual.
  § 3. Section 171 of the correction law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  ANY  INMATE PERFORMING LABOR AS DESCRIBED IN THIS SECTION SHALL BE
COMPENSATED FOR HIS OR HER LABOR IN ACCORDANCE WITH  THE  PROVISIONS  OF
SUBDIVISION FIVE OF SECTION ONE HUNDRED EIGHTY-SEVEN OF THIS ARTICLE.
  § 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05532-02-9

A. 1275                             2

  7. ANY INMATE PERFORMING LABOR AS DESCRIBED IN THIS SECTION  SHALL  BE
COMPENSATED  FOR  HIS  OR HER LABOR IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION FIVE OF SECTION ONE HUNDRED EIGHTY-SEVEN OF THIS ARTICLE.
  § 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.
1. Nothing contained in this article shall be construed or applied so as
to 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.
  2. ANY INMATE WHO IS EMPLOYED UNDER A WORK RELEASE PROGRAM OR A  RESI-
DENTIAL  TREATMENT FACILITY PROGRAM FORMULATED PURSUANT TO ANY PROVISION
OF THIS CHAPTER SHALL BE COMPENSATED FOR HIS OR HER LABOR IN  ACCORDANCE
WITH  THE  PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE HUNDRED EIGHTY-
SEVEN OF THIS ARTICLE.
  § 6. Section 184 of the correction law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  ANY  INMATE  PERFORMING WORK AS DESCRIBED IN THIS SECTION SHALL BE
COMPENSATED FOR HIS OR HER LABOR IN ACCORDANCE WITH  THE  PROVISIONS  OF
SUBDIVISION FIVE OF SECTION ONE HUNDRED EIGHTY-SEVEN OF THIS ARTICLE.
  §  7.  Section  186  of  the correction law is amended by adding a new
subdivision 5 to read as follows:
  5. ANY SERVICE PERFORMED BY AN INMATE AS  DESCRIBED  IN  THIS  SECTION
SHALL  BE  COMPENSATED  IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
FIVE OF SECTION ONE HUNDRED EIGHTY-SEVEN OF THIS ARTICLE.
  § 8. Section 187 of the correction law is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
CONTRARY, NO INMATE SHALL BE COMPENSATED AN AMOUNT  THAT  IS  LESS  THAN
THREE  DOLLARS  AN  HOUR  FOR WORK PERFORMED OR WORK FOR WHICH A WAGE IS
PAID. AS USED IN THIS SUBDIVISION, "WORK  FOR  WHICH  A  WAGE  IS  PAID"
INCLUDES ANY TASK ASSIGNED TO AN INMATE FOR WHICH A WAGE WOULD HAVE BEEN
DUE EXCEPT FOR HIS OR HER STATUS AS AN INMATE.
  § 9. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law. Effective immediately the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be  made  and
completed on or before such date.