senate Bill S416

2021-2022 Legislative Session

Relates to inmate labor

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to crime victims, crime and correction

S416 (ACTIVE) - Details

See Assembly Version of this Bill:
A3481
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§170 & 171, Cor L
Versions Introduced in 2019-2020 Legislative Session:
S8851, A10919

S416 (ACTIVE) - Summary

Prohibits certain public entities from receiving net earnings from inmate labor; prohibits compelling inmates to provide labor.

S416 (ACTIVE) - Sponsor Memo

S416 (ACTIVE) - 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

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