Senate Bill S3138

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-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 Other Legislative Sessions:
2017-2018: A11317
2021-2022: S287, A1643
2023-2024: S2345

2019-S3138 (ACTIVE) - Summary

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

2019-S3138 (ACTIVE) - Sponsor Memo

2019-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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