assembly Bill A3481B

2021-2022 Legislative Session

Establishes a New York state prison labor board

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Archive: Last Bill Status - In Assembly 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 25, 2022 print number 3481b
Mar 25, 2022 amend (t) and recommit to correction
Jan 05, 2022 referred to correction
Feb 17, 2021 print number 3481a
Feb 17, 2021 amend and recommit to correction
Jan 27, 2021 referred to correction

A3481 - Details

See Senate Version of this Bill:
S416
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:
A10919, S8851

A3481 - 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.

A3481 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3481
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on 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 a new  subdivi-
 sion 4 is 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) ANY INMATE ALLEGING A VIOLATION OF THIS SUBDIVISION SHALL,  WITHIN
 TEN  YEARS  AFTER  THE  ACTS  ALLEGED  TO HAVE VIOLATED THIS SUBDIVISION
 OCCURRED, HAVE A CAUSE OF ACTION IN ANY COURT OF  APPROPRIATE  JURISDIC-
 TION  FOR DAMAGES, INCLUDING PUNITIVE DAMAGES, AND FOR INJUNCTIVE RELIEF
 AND SUCH OTHER REMEDIES AS MAY BE APPROPRIATE TOGETHER WITH ALL  REASON-
 ABLE ATTORNEY'S FEES AND COSTS.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

A3481A - Details

See Senate Version of this Bill:
S416
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:
A10919, S8851

A3481A - 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.

A3481A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3481--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Correction  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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
                       [ ] is old law to be omitted.
                                                            LBD02712-03-1

Co-Sponsors

A3481B (ACTIVE) - Details

See Senate Version of this Bill:
S416
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:
A10919, S8851

A3481B (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.

A3481B (ACTIVE) - Bill Text download pdf

 
                     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