senate Bill S416A

2021-2022 Legislative Session

Establishes a New York state prison labor board

download bill text pdf

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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 15, 2022 print number 416a
Mar 15, 2022 amend (t) and recommit to crime victims, crime and correction
Jan 05, 2022 referred to crime victims, crime and correction
Jan 06, 2021 referred to crime victims, crime and correction

Co-Sponsors

S416 - Details

See Assembly Version of this Bill:
A3481
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Add §43-a, amd §§170, 171, 177, 178, 184, 186 & 187, Cor L
Versions Introduced in 2019-2020 Legislative Session:
S8851, A10919

S416 - Summary

Establishes a New York state prison labor board to create, monitor and enforce an equitable and rehabilitative system of prison labor; abolishes penal servitude by prohibiting the forced labor of incarcerated individuals; provides fair wages and treatment of incarcerated individuals; prohibits the use of the labor of incarcerated individuals for earnings which inure to the benefit of the state of New York, the government of the United States, any state of the United States, any public corporation, or any private shareholder or individual.

S416 - Sponsor Memo

S416 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    416
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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 inmate labor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 170  of  the  correction  law,  as
 added  by  chapter  256  of  the  laws of 2010, is amended and three new
 subdivisions 4, 5 and 6 are added 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. As used in  this  section,  the  term
 "nonprofit  organization" means an organization operated exclusively for
 religious, charitable, or educational purposes, no part of the net earn-
 ings of which inures to the benefit  of  THE  STATE  OF  NEW  YORK,  THE
 GOVERNMENT OF THE UNITED STATES OR TO ANY STATE OF THE UNITED STATES, OR
 POLITICAL  SUBDIVISION  THEREOF,  ANY PUBLIC CORPORATION OR ELEEMOSYNARY
 ASSOCIATION OR CORPORATION FUNDED IN WHOLE OR IN PART  BY  ANY  FEDERAL,
 STATE OR LOCAL FUNDS OR any private shareholder or individual.
   4.  (A)  NO  INMATE SHALL BE COMPELLED TO PROVIDE LABOR AGAINST HIS OR
 HER WILL BY ACTUAL FORCE,  THREATS  OF  FORCE,  THREATS  OF  PUNISHMENT,
 THREATS  OF LEGAL COERCION OR BY ANY SCHEME, PLAN OR PATTERN INTENDED TO
 CAUSE THE INMATE TO BELIEVE THAT, IF THE INMATE  DID  NOT  PROVIDE  SUCH
 LABOR, THAT INMATE OR ANOTHER PERSON WOULD SUFFER PHYSICAL, EMOTIONAL OR
 MENTAL HARM.
   (B)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, THE FAILURE TO PAY, OR
 UNDERPAYMENT OF, ALL WAGES DUE FOR WORK PERFORMED SHALL ALSO  CONSTITUTE
 FORCE.
   5. ANY INMATE ALLEGING A VIOLATION OF SUBDIVISION FOUR OF THIS SECTION
 AGAINST ANY STATE OR LOCAL CORRECTIONAL FACILITY IN THE STATE SHALL HAVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S416A (ACTIVE) - Details

See Assembly Version of this Bill:
A3481
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Add §43-a, amd §§170, 171, 177, 178, 184, 186 & 187, Cor L
Versions Introduced in 2019-2020 Legislative Session:
S8851, A10919

S416A (ACTIVE) - Summary

Establishes a New York state prison labor board to create, monitor and enforce an equitable and rehabilitative system of prison labor; abolishes penal servitude by prohibiting the forced labor of incarcerated individuals; provides fair wages and treatment of incarcerated individuals; prohibits the use of the labor of incarcerated individuals for earnings which inure to the benefit of the state of New York, the government of the United States, any state of the United States, any public corporation, or any private shareholder or individual.

S416A (ACTIVE) - Sponsor Memo

S416A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  416--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  CLEARE,  COMRIE -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Crime
   Victims, Crime and Correction -- recommitted to the Committee on Crime
   Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8
   --  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.

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