senate Bill S3138

2019-2020 Legislative Session

Enacts "the prison minimum wage act" relating to payment for labor performed by inmates

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Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 04, 2019 referred to crime victims, crime and correction

Co-Sponsors

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S3138 (ACTIVE) - Details

See Assembly Version of this Bill:
A1275
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§170, 171, 177, 178, 184, 186 & 187, Cor L
Versions Introduced in 2017-2018 Legislative Session:
A11317

S3138 (ACTIVE) - Summary

Enacts "the prison minimum wage act" relating to payment for labor performed by inmates.

S3138 (ACTIVE) - Sponsor Memo

S3138 (ACTIVE) - Bill Text download pdf


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

                                  3138

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 4, 2019
                               ___________

Introduced  by  Sen.  MYRIE  -- 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:

  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

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