S T A T E O F N E W Y O R K
________________________________________________________________________
3481--B
2021-2022 Regular Sessions
I N A S S E M B L Y
January 27, 2021
___________
Introduced by M. of A. EPSTEIN, JACKSON -- read once and referred to the
Committee on Correction -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Correction in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the correction law, in relation to establishing a New
York state prison labor board to create, monitor and enforce an equi-
table and rehabilitative system of prison labor; abolishing penal
servitude by prohibiting the forced labor of incarcerated individuals;
providing fair wages and treatment of incarcerated individuals; and
prohibiting the use of the labor of incarcerated individuals for earn-
ings which inure to the benefit of the state of New York, the govern-
ment of the United States, any state of the United States, any public
corporation, or any private shareholder or individual
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Incarcerated Individuals Fair Labor Practices and Dignity for All
Act."
§ 2. The correction law is amended by adding a new section 43-a to
read as follows:
§ 43-A. PRISON LABOR BOARD; ORGANIZATION, FUNCTIONS, POWERS AND
DUTIES. 1. A. THERE SHALL BE WITHIN THE COMMISSION A PRISON LABOR BOARD
WHICH, FOR THE PURPOSES OF THIS SECTION, SHALL BE REFERRED TO AS THE
"LABOR BOARD".
B. THE LABOR BOARD SHALL BE COMPRISED OF ELEVEN VOTING AND TWO EX-OF-
FICIO MEMBERS, ALL OF WHOM SHALL SERVE FIVE-YEAR TERMS TO BE APPOINTED
AS FOLLOWS:
(I) TWO MEMBERS TO BE APPOINTED BY THE GOVERNOR;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02712-05-2
A. 3481--B 2
(II) ONE MEMBER TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
(III) ONE MEMBER TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(IV) THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION OR HIS OR HER DESIGNEE;
(V) THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION OR HIS OR HER
DESIGNEE;
(VI) THE COMMISSIONER OF THE DEPARTMENT OF LABOR OR HIS OR HER DESIG-
NEE;
(VII) THE COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS OR HIS OR HER
DESIGNEE;
(VIII) THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES OR HIS OR
HER DESIGNEE;
(IX) TWO MEMBERS WHO ARE FORMERLY INCARCERATED INDIVIDUALS WHO PARTIC-
IPATED IN PRISON LABOR ENTERPRISES OR PROGRAMS WHILE INCARCERATED, ONE
OF WHOM PARTICIPATED IN THE LABOR OR ENTERPRISE WHILE INCARCERATED AT A
WOMEN'S CORRECTIONAL INSTITUTION AND ONE OF WHOM PARTICIPATED IN THE
LABOR OR ENTERPRISE WHILE INCARCERATED AT A MEN'S CORRECTIONAL INSTITU-
TION, AND ONE OF WHOM SHALL BE APPOINTED BY THE SENATE CHAIR OF THE
COMMITTEE ON CRIME VICTIMS, CRIME AND CORRECTION AND ONE OF WHOM SHALL
BE APPOINTED BY THE ASSEMBLY CHAIR OF THE COMMITTEE ON CORRECTION; AND
(X) TWO MEMBERS WHO ARE MEMBERS OF A NOT-FOR-PROFIT ORGANIZATION OPER-
ATING IN THE FIELD OF CAREER AND WORKFORCE DEVELOPMENT TRAINING AND
COMMUNITY RE-ENTRY FOR INCARCERATED INDIVIDUALS, ONE OF WHOM SHALL BE
APPOINTED BY THE SENATE CHAIR OF THE COMMITTEE ON CRIME VICTIMS, CRIME
AND CORRECTIONS AND ONE OF WHOM SHALL BE APPOINTED BY THE ASSEMBLY CHAIR
OF THE COMMITTEE ON CORRECTION, BOTH OF WHOM SHALL SERVE AS EX-OFFICIO
MEMBERS;
C. THE CHAIRMAN OF THE COMMISSION OF CORRECTIONS SHALL SERVE AS THE
CHAIR OF THE LABOR BOARD.
2. EVERY INDIVIDUAL APPOINTED TO THE LABOR BOARD SHALL HAVE DEMON-
STRATED KNOWLEDGE AND EXPERIENCE WITH CORCRAFT INDUSTRIES OR OTHER
ENTERPRISES OR PROGRAMS THAT RELATE TO EMPLOYMENT FOR INCARCERATED INDI-
VIDUALS, AND EXPERIENCE WITH OR SKILLS IN PENOLOGY, VOCATIONAL AND OCCU-
PATIONAL TRAINING, AND COMMUNITY REENTRY PROGRAMMING.
3. ANY MEMBER CHOSEN TO FILL IN A VACANCY CREATED OTHER THAN BY EXPI-
RATION OF TERM SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER
WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY THE EXPIRATION OF TERM
OR OTHERWISE SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINT-
MENTS.
4. APPOINTMENTS TO THE LABOR BOARD SHALL BE MADE WITHIN NINETY DAYS OF
THE EFFECTIVE DATE OF THIS SECTION. THE LABOR BOARD MAY BEGIN ITS DUTIES
WHEN A MAJORITY OF THE TOTAL NUMBER OF POSITIONS HAVE BEEN APPOINTED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
5. ALL NONGOVERNMENTAL LABOR BOARD MEMBERS SHALL BE REIMBURSED FOR
REASONABLE AND NECESSARY EXPENSES RELATED TO THEIR OFFICIAL DUTIES.
6. THE LABOR BOARD AND EACH MEMBER THEREOF SHALL HAVE THE FOLLOWING
FUNCTIONS, POWERS AND DUTIES:
A. TO DEVELOP POLICIES, PLANS AND PROGRAMS FOR THE OPERATION OF AN
EQUITABLE AND REHABILITATIVE SYSTEM OF PRISON LABOR IN ALL ENTERPRISES
WHICH EMPLOY INCARCERATED INDIVIDUALS AND ALL LABOR PROGRAMS WHICH
PROVIDE VOCATIONAL OR ADVANCED OCCUPATIONAL TRAINING, OR APPRENTICE-
SHIPS, WHICH ENTERPRISES AND PROGRAMS MAY BE LOCATED EITHER WITHIN STATE
CORRECTIONAL FACILITIES OR LOCAL CORRECTIONAL FACILITIES OR ELSEWHERE,
INCLUDING THE DEVELOPMENT AND IMPLEMENTATION OF:
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(I) UNIFORM RULES, REGULATIONS, STANDARDS, PROCESSES AND BEST PRAC-
TICES THAT ALL PRISON LABOR ENTERPRISES AND PROGRAMS SHALL MEET;
(II) RULES, REGULATIONS, STANDARDS AND PROCESSES THAT GOVERN THE
RESPONSIBILITIES OF THE DEPARTMENT OF CORRECTIONS IN IMPLEMENTING PRISON
LABOR ENTERPRISES AND PROGRAMS;
(III) STANDARDS FOR ASSESSING PRISON LABOR ENTERPRISES AND PROGRAMS TO
DETERMINE WHETHER THEY RESULT IN CAREER READINESS AND EMPLOYABILITY OF
INCARCERATED INDIVIDUALS UPON THEIR RELEASE; AND
(IV) METHODS FOR EXPANDING ACCESS TO QUALITY PRISON LABOR ENTERPRISES
AND PROGRAMMING WHICH SHALL CONSIDER THE FUNDING AND RESOURCES NEEDED TO
ADEQUATELY PREPARE INCARCERATED INDIVIDUALS FOR SUCCESS UPON RELEASE AND
THE FUNDING AND RESOURCES NEEDED TO PROVIDE RE-ENTRY SERVICES.
B. TO PROHIBIT THE FORCED LABOR OF INCARCERATED INDIVIDUALS.
C. TO ENSURE THAT WAGES PAID TO INCARCERATED INDIVIDUALS ARE NOT LESS
THAN THE MINIMUM WAGE ESTABLISHED BY ARTICLE NINETEEN OF THE LABOR LAW.
D. TO ESTABLISH AND MAINTAIN CONDITIONS IN ALL PRISON LABOR ENTER-
PRISES AND PROGRAMS THAT ARE IN COMPLIANCE WITH ALL WORKPLACE HEALTH AND
SAFETY PROTECTIONS REQUIRED BY FEDERAL AND STATE LAW.
E. TO PROHIBIT USE OF THE LABOR OF INCARCERATED INDIVIDUALS FOR EARN-
INGS WHICH INURE TO THE BENEFIT OF THE STATE OF NEW YORK, THE GOVERNMENT
OF THE UNITED STATES, ANY STATE OF THE UNITED STATES, OR ANY PUBLIC
CORPORATION, OR ANY PRIVATE SHAREHOLDER OR INDIVIDUAL.
F. TO INVESTIGATE, REVIEW OR TAKE SUCH OTHER ACTION AS SHALL BE DEEMED
NECESSARY OR PROPER WITH RESPECT TO ANY PRISON LABOR ENTERPRISE OR
PROGRAM.
G. TO HAVE ACCESS, AT ANY AND ALL TIMES, TO ANY STATE CORRECTIONAL
FACILITY OR LOCAL CORRECTIONAL FACILITY OR PART THEREOF AND TO ALL
BOOKS, RECORDS, AND DATA PERTAINING TO ANY STATE CORRECTIONAL FACILITY
OR LOCAL CORRECTIONAL FACILITY WHICH ARE DEEMED NECESSARY FOR CARRYING
OUT THE LABOR BOARD'S FUNCTIONS, POWERS AND DUTIES.
H. TO OBTAIN FROM ADMINISTRATORS, OFFICERS OR EMPLOYEES OF ANY STATE
CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY ANY INFORMATION
DEEMED NECESSARY FOR THE PURPOSE OF CARRYING OUT ITS FUNCTIONS, POWERS
AND DUTIES.
I. TO REQUEST AND RECEIVE TEMPORARY OFFICE SPACE IN ANY STATE CORREC-
TIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY FOR THE PURPOSE OF CARRY-
ING OUT ITS FUNCTIONS, POWERS AND DUTIES.
J. TO ESTABLISH, EXPAND, DIMINISH, OR DISCONTINUE PRISON ENTERPRISES
OR PROGRAMS TO PROVIDE AS MUCH EMPLOYMENT FOR INCARCERATED INDIVIDUALS
AS IS FEASIBLE, FOR THE FAIR AND EQUITABLE DISTRIBUTION OF ENTERPRISE
AND PROGRAM ASSIGNMENTS, AND TO PROVIDE DIVERSIFIED WORK ACTIVITIES TO
MINIMIZE THE IMPACT ON EXISTING PRIVATE INDUSTRY IN THE STATE.
K. TO FOSTER AND PROMOTE RESEARCH AND STUDY IN AREAS OF PRISON LABOR
POLICY AND PROGRAM DEVELOPMENT DEEMED NECESSARY OR DESIRABLE BY THE
COMMISSION.
§ 3. Subdivision 3 of section 170 of the correction law, as amended by
chapter 322 of the laws of 2021, is amended and three new subdivisions
4, 5 and 6 are added to read as follows:
3. Notwithstanding any other provision of law, an incarcerated indi-
vidual may be permitted to leave the institution under guard to volun-
tarily perform work for a nonprofit organization. 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 THE STATE OF
NEW YORK, THE GOVERNMENT OF THE UNITED STATES, ANY STATE OF THE UNITED
STATES OR POLITICAL SUBDIVISION THEREOF, ANY PUBLIC CORPORATION OR
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ELEEMOSYNARY ASSOCIATION OR CORPORATION FUNDED IN WHOLE OR IN PART BY
ANY FEDERAL, STATE OR LOCAL FUNDS OR any private shareholder or individ-
ual.
4. (A) NO INCARCERATED INDIVIDUAL SHALL BE COMPELLED OR INDUCED TO
PROVIDE LABOR AGAINST HIS OR HER WILL BY MEANS OF ACTUAL OR THREATENED
FORCE, PUNISHMENT, SEXUAL ASSAULT, OR BY ANY OTHER MEANS REASONABLY
LIKELY TO CAUSE THE INCARCERATED INDIVIDUAL TO BELIEVE THAT, IF THEY DO
NOT PROVIDE SUCH LABOR, THAT THEY OR ANOTHER PERSON WOULD SUFFER PHYS-
ICAL, EMOTIONAL, OR MENTAL HARM OR OTHER ADVERSE CONSEQUENCES.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, THE FAILURE TO PAY, OR
UNDERPAYMENT OF, ALL WAGES DUE FOR WORK PERFORMED SHALL ALSO CONSTITUTE
A VIOLATION OF THIS SECTION.
5. ANY INCARCERATED INDIVIDUAL ALLEGING A VIOLATION OF SUBDIVISION
FOUR OF THIS SECTION AGAINST ANY STATE OR LOCAL CORRECTIONAL FACILITY IN
THE STATE SHALL HAVE A CAUSE OF ACTION IN THE COURT OF APPROPRIATE
JURISDICTION FOR DAMAGES AND INJUNCTIVE RELIEF AND SUCH OTHER REMEDIES
AS MAY BE APPROPRIATE.
6. (A) ANY INCARCERATED INDIVIDUAL ALLEGING A VIOLATION OF SUBDIVISION
FOUR OF THIS SECTION AGAINST ANY OFFICER OR EMPLOYEE OF ANY STATE OR
LOCAL CORRECTIONAL FACILITY IN THE STATE SHALL WITHIN TEN YEARS AFTER
THE ACTS ALLEGED TO HAVE VIOLATED THIS SUBDIVISION HAVE A CAUSE OF
ACTION FOR DAMAGES, INCLUDING PUNITIVE DAMAGES, AND FOR INJUNCTIVE
RELIEF AND SUCH OTHER REMEDIES AS MAY BE APPROPRIATE TOGETHER WITH ALL
REASONABLE ATTORNEY'S FEES AND COSTS.
(B) THE IMMUNITY GRANTED PURSUANT TO SUBDIVISION ONE OF SECTION TWEN-
TY-FOUR OF THIS CHAPTER SHALL NOT EXTEND TO ACTIONS BROUGHT PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION, AND ANY ACTION COMMENCED UNDER SUBDI-
VISION FOUR OF THIS SECTION MAY BE BROUGHT IN ANY COURT OF COMPETENT
JURISDICTION, INCLUDING THE SUPREME COURT.
(C) A VIOLATION OF ANY OF THE FOREGOING PROVISIONS SHALL CONSTITUTE
SUFFICIENT CAUSE FOR THE REMOVAL OF SUCH EMPLOYEE BY THE DULY CONSTI-
TUTED AUTHORITY HAVING JURISDICTION.
§ 4. Subdivision 1 of section 171 of the correction law, as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
1. [The commissioner and the superintendents and officials of all
penitentiaries in the state may cause incarcerated individuals in the
state correctional facilities and such penitentiaries who are physically
capable thereof to be employed for not to exceed eight hours of each day
other than Sundays and public holidays. Notwithstanding any other
provision of this section, however, the commissioner and superintendents
of state correctional facilities may employ inmates on a volunteer basis
on Sundays and public holidays in specialized areas of the facility,
including kitchen areas, vehicular garages, rubbish pickup and grounds
maintenance, providing, however, that incarcerated individuals so
employed shall be allowed an alternative free day within the normal work
week.] ALL PERSONS INCARCERATED IN ANY STATE OR LOCAL CORRECTIONAL
FACILITY IN THE STATE WHO REQUEST EMPLOYMENT SHALL BE AFFORDED AN EQUAL
OPPORTUNITY TO BE EMPLOYED, AND THE COMMISSIONER, THE SUPERINTENDENTS
AND OFFICIALS OF ALL PENITENTIARIES MUST MAKE ALL EFFORTS TO ENSURE THAT
JOB ASSIGNMENTS ARE DISTRIBUTED EQUITABLY SUCH THAT, TO THE EXTENT PRAC-
TICABLE, WORK IS PROVIDED TO ALL WHO REQUEST EMPLOYMENT.
§ 5. Subdivision 7 of section 177 of the correction law, as renumbered
by chapter 256 of the laws of 2010, shall be renumbered subdivision 8
and a new subdivision 7 is added to read as follows:
7. ANY INCARCERATED INDIVIDUAL PERFORMING LABOR AS DESCRIBED IN THIS
SECTION SHALL BE COMPENSATED FOR HIS OR HER LABOR IN AN AMOUNT THAT IS
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NOT LESS THAN THE MINIMUM WAGE ESTABLISHED BY ARTICLE NINETEEN OF THE
LABOR LAW FOR WORK PERFORMED OR WORK FOR WHICH A WAGE IS PAID. FOR THE
PURPOSES OF THIS SUBDIVISION, "WORK FOR WHICH A WAGE IS PAID" INCLUDES
ANY TASK ASSIGNED TO AN INCARCERATED INDIVIDUAL FOR WHICH A WAGE WOULD
HAVE BEEN DUE EXCEPT FOR HIS OR HER STATUS AS AN INCARCERATED INDIVID-
UAL.
§ 6. Section 178 of the correction law, as amended by chapter 322 of
the laws of 2021, 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 prohibit private employment of incarcerated individuals in the commu-
nity under a work release program, or a residential treatment facility
program formulated pursuant to any provision of this chapter.] ANY
INCARCERATED INDIVIDUAL WHO IS EMPLOYED UNDER A WORK RELEASE PROGRAM OR
A RESIDENTIAL TREATMENT FACILITY PROGRAM FORMULATED PURSUANT TO ANY
PROVISION OF THIS CHAPTER SHALL BE COMPENSATED FOR HIS OR HER LABOR IN
AN AMOUNT THAT IS NOT LESS THAN THE MINIMUM WAGE ESTABLISHED BY ARTICLE
NINETEEN OF THE LABOR LAW FOR WORK PERFORMED OR WORK FOR WHICH A WAGE IS
PAID. FOR THE PURPOSES OF THIS SECTION, "WORK FOR WHICH A WAGE IS PAID"
INCLUDES ANY TASK ASSIGNED TO AN INCARCERATED INDIVIDUAL FOR WHICH A
WAGE WOULD HAVE BEEN DUE EXCEPT FOR HIS OR HER STATUS AS AN INCARCERATED
INDIVIDUAL.
§ 7. Section 184 of the correction law is amended by adding a new
subdivision 3 to read as follows:
3. ANY INCARCERATED INDIVIDUAL PERFORMING WORK AS DESCRIBED IN THIS
SECTION SHALL BE COMPENSATED FOR HIS OR HER LABOR IN AN AMOUNT THAT IS
NOT LESS THAN THE MINIMUM WAGE ESTABLISHED BY ARTICLE NINETEEN OF THE
LABOR LAW FOR WORK PERFORMED OR WORK FOR WHICH A WAGE IS PAID. FOR THE
PURPOSES OF THIS SUBDIVISION, "WORK FOR WHICH A WAGE IS PAID" INCLUDES
ANY TASK ASSIGNED TO AN INCARCERATED INDIVIDUAL FOR WHICH A WAGE WOULD
HAVE BEEN DUE EXCEPT FOR HIS OR HER STATUS AS AN INCARCERATED INDIVID-
UAL.
§ 8. Section 186 of the correction law is amended by adding a new
subdivision 5 to read as follows:
5. ANY SERVICE PERFORMED BY AN INCARCERATED INDIVIDUAL AS DESCRIBED IN
THIS SECTION SHALL BE COMPENSATED IN AN AMOUNT THAT IS NOT LESS THAN THE
MINIMUM WAGE ESTABLISHED BY ARTICLE NINETEEN OF THE LABOR LAW FOR WORK
PERFORMED OR WORK FOR WHICH A WAGE IS PAID. FOR THE PURPOSES OF THIS
SUBDIVISION, "WORK FOR WHICH A WAGE IS PAID" INCLUDES ANY TASK ASSIGNED
TO AN INCARCERATED INDIVIDUAL FOR WHICH A WAGE WOULD HAVE BEEN DUE
EXCEPT FOR HIS OR HER STATUS AS AN INCARCERATED INDIVIDUAL.
§ 9. 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 INCARCERATED INDIVIDUAL SHALL BE COMPENSATED AN AMOUNT THAT
IS LESS THAN THE MINIMUM WAGE ESTABLISHED BY ARTICLE NINETEEN OF THE
LABOR LAW FOR WORK PERFORMED OR WORK FOR WHICH A WAGE IS PAID. FOR THE
PURPOSES OF THIS SUBDIVISION, "WORK FOR WHICH A WAGE IS PAID" INCLUDES
ANY TASK ASSIGNED TO AN INCARCERATED INDIVIDUAL FOR WHICH A WAGE WOULD
HAVE BEEN DUE EXCEPT FOR HIS OR HER STATUS AS AN INCARCERATED INDIVID-
UAL.
§ 10. This act shall take effect one hundred eightieth day after it
shall have become a law. Effective immediately the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such date.