The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1643
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M. of A. PERRY, WEPRIN, DE LA ROSA, EPSTEIN, RICHARDSON,
   WALKER, SIMON, FERNANDEZ, J. RIVERA, GOTTFRIED, TAYLOR,  REYES,  NIOU,
   JEAN-PIERRE,  PICHARDO, CRUZ, L. ROSENTHAL, DARLING -- Multi-Sponsored
   by -- M. of A.  NOLAN -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02333-01-1

 A. 1643                             2
 
   § 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.  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.