A 3596: Enacts "the prison wage act" relating to payment for labor performed by incarcerated individuals.

  
  STATE OF NEW YORK ________________________________________________________________________ 3596 2025-2026 Regular Sessions  IN ASSEMBLY January 28, 2025 ___________ Introduced by M. of A. GIBBS -- 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: 1 Section 1. This act shall be known and may be cited as "the prison 2 minimum wage act". 3 § 2. Subdivision 3 of section 170 of the correction law, as amended by 4 chapter 322 of the laws of 2021, is amended to read as follows: 5 3. Notwithstanding any other provision of law, an incarcerated indi- 6 vidual may be permitted to leave the institution under guard to volun- 7 tarily perform work for a nonprofit organization; provided that each 8 incarcerated individual who volunteers to perform work for a nonprofit 9 organization shall be paid a minimum hourly wage of not less than three 10 dollars. The department shall be entitled to charge the nonprofit organ- 11 ization a reasonable hourly rate for meals and housing of such prison- 12 ers, if any. As used in this section, the term "nonprofit organization" 13 means an organization operated exclusively for religious, charitable, or 14 educational purposes, no part of the net earnings of which inures to the 15 benefit of any private shareholder or individual. 16 § 3. Section 171 of the correction law is amended by adding a new 17 subdivision 3 to read as follows: 18 3. Any incarcerated individual performing labor as described in this 19 section shall be compensated for their labor in accordance with the 20 provisions of subdivision five of section one hundred eighty-seven of 21 this article. 22 § 4. Subdivision 7 of section 177 of the correction law, as renumbered 23 by chapter 256 of the laws of 2010, is renumbered subdivision 8 and a 24 new subdivision 7 is added to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01730-01-5 
 A. 3596 2 1 7. Any incarcerated individual performing labor as described in this 2 section shall be compensated for their labor in accordance with the 3 provisions of subdivision five of section one hundred eighty-seven of 4 this article. 5 § 5. Section 178 of the correction law, as amended by chapter 322 of 6 the laws of 2021, is amended to read as follows: 7 § 178. Participation in work release and other community activities. 8 1. Nothing contained in this article shall be construed or applied so as 9 to prohibit private employment of incarcerated individuals in the commu- 10 nity under a work release program, or a residential treatment facility 11 program formulated pursuant to any provision of this chapter. 12 2. Any incarcerated individual who is employed under a work release 13 program or a residential treatment facility program formulated pursuant 14 to any provision of this chapter shall be compensated for their labor in 15 accordance with the provisions of subdivision five of section one 16 hundred eighty-seven of this article. 17 § 6. Section 184 of the correction law is amended by adding a new 18 subdivision 3 to read as follows: 19 3. Any incarcerated individual performing work as described in this 20 section shall be compensated for their labor in accordance with the 21 provisions of subdivision five of section one hundred eighty-seven of 22 this article. 23 § 7. Section 186 of the correction law is amended by adding a new 24 subdivision 5 to read as follows: 25 5. Any service performed by an incarcerated individual as described in 26 this section shall be compensated in accordance with the provisions of 27 subdivision five of section one hundred eighty-seven of this article. 28 § 8. Section 187 of the correction law is amended by adding a new 29 subdivision 5 to read as follows: 30 5. Notwithstanding any provision of law, rule or regulation to the 31 contrary, no incarcerated individual shall be compensated an amount that 32 is less than three dollars an hour for work performed or work for which 33 a wage is paid. As used in this subdivision, "work for which a wage is 34 paid" includes any task assigned to an incarcerated individual for which 35 a wage would have been due except for their status as an incarcerated 36 individual. 37 § 9. This act shall take effect on the one hundred eightieth day after 38 it shall have become a law. Effective immediately the addition, amend- 39 ment and/or repeal of any rule or regulation necessary for the implemen- 40 tation of this act on its effective date are authorized to be made and 41 completed on or before such date.