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:
 A. 3481--B                          3
 
   (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
 A. 3481--B                          4
 
 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
 A. 3481--B                          5
 
 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.