S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4510
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the  correction  law  and  the  state  finance  law,  in
   relation to the Incarcerated Individuals Responsibility and Fair Wages
   Act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "Incarcer-
 ated Individuals Responsibility and Fair Wages Act".
   § 2. Subdivision 3 of section 170 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended 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.  AN INCARCERATED INDI-
 VIDUAL WHO VOLUNTEERS TO PERFORM WORK FOR A NONPROFIT ORGANIZATION SHALL
 BE  PAID  A  MINIMUM  WAGE  OF  FIVE DOLLARS PER HOUR. THE DEPARTMENT IS
 AUTHORIZED TO CHARGE THE NONPROFIT ORGANIZATION A REASONABLE HOURLY RATE
 FOR MEALS AND HOUSING OF ANY VOLUNTEERING PRISONERS, IF  APPLICABLE.  As
 used  in this section, the term "nonprofit organization" means an organ-
 ization operated exclusively for religious, charitable,  or  educational
 purposes,  no part of the net earnings of which inures to the benefit of
 any private shareholder or individual.
   § 3. Section 171 of the correction law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  AN  INCARCERATED  INDIVIDUAL  SHALL BE PAID A MINIMUM WAGE OF FIVE
 DOLLARS PER HOUR FOR ANY LABOR PERFORMED.
   § 4. Subdivision 7 of section 177 of the correction law, as renumbered
 by chapter 256 of the laws of 2010, is renumbered subdivision  8  and  a
 new subdivision 7 is added to read as follows:
   7.  AN  INCARCERATED  INDIVIDUAL  SHALL BE PAID A MINIMUM WAGE OF FIVE
 DOLLARS PER HOUR FOR ANY LABOR PERFORMED.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06426-01-3
              

 A. 4510                             2
 
   § 5. 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 community
 under a work  release  program,  or  a  residential  treatment  facility
 program formulated pursuant to any provision of this chapter.  AN INCAR-
 CERATED INDIVIDUAL PARTICIPATING IN A WORK RELEASE PROGRAM OR A RESIDEN-
 TIAL  TREATMENT  FACILITY  PROGRAM  SHALL BE PAID A MINIMUM WAGE OF FIVE
 DOLLARS PER HOUR.
   § 6. Section 184 of the correction law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  AN  INCARCERATED  INDIVIDUAL WHO PERFORMS WORK AS IT IS RELATED TO
 THE MANUFACTURING AND PREPARING OF ANY ARTICLE OR MATERIAL AT THE DIREC-
 TION OF THE DEPARTMENT SHALL BE PAID A MINIMUM WAGE OF FIVE DOLLARS  PER
 HOUR.
   §  7.  Section  186  of  the correction law is amended by adding a new
 subdivision 5 to read as follows:
   5. AN INCARCERATED INDIVIDUAL WHO PERFORMS ANY SERVICE OR MANUFACTURES
 ANY ARTICLE OR MATERIAL SHALL BE PAID A MINIMUM WAGE OF FIVE DOLLARS PER
 HOUR.
   § 8. Section 187 of the correction law is amended by  adding  two  new
 subdivisions 5 and 6 to read as follows:
   5.  ANY  COMPENSATION  PAID  TO  AN INCARCERATED INDIVIDUAL UNDER THIS
 ARTICLE SHALL BE IN AN AMOUNT GREATER THAN OR EQUAL TO FIVE  DOLLARS  AN
 HOUR  FOR WORK PERFORMED OR WORK FOR WHICH A WAGE IS PAID INCLUDING, BUT
 NOT LIMITED TO, 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.
   6. UP TO FORTY PERCENT OF ANY HOURLY COMPENSATION PAID TO AN INCARCER-
 ATED INDIVIDUAL MAY BE DEPOSITED INTO THE PRISON INCARCERATED INDIVIDUAL
 FUND ESTABLISHED UNDER SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW.
   § 9. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   § 99-QQ. PRISON INCARCERATED INDIVIDUAL FUND.    1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION A SPECIAL FUND TO BE
 KNOWN AS THE "PRISON INCARCERATED INDIVIDUAL FUND".
   2. THE PRISON INCARCERATED INDIVIDUAL FUND SHALL CONSIST  OF  MONETARY
 GRANTS,  GIFTS OR BEQUESTS RECEIVED BY THE STATE FOR THE PURPOSES OF THE
 FUND, AND ALL OTHER MONEYS CREDITED  OR  TRANSFERRED  THERETO  FROM  ANY
 OTHER  FUND  OR  SOURCE.  MONEYS OF SUCH FUND SHALL BE EXPENDED ONLY FOR
 SUPPORTING  PRISON  INCARCERATED  INDIVIDUALS'  FAMILIES  WITH  EXPENSES
 INCLUDING,  BUT NOT LIMITED TO, DAYCARE, CHILD SUPPORT, RENT AND MEDICAL
 EXPENSES. THE AMOUNT OF MONEYS A PRISON INCARCERATED INDIVIDUAL'S FAMILY
 RECEIVES FOR SUCH EXPENSES SHALL BE GREATER THAN OR EQUAL TO THE  AMOUNT
 OF  MONEY CONTRIBUTED TO THE FUND FROM SUCH PRISON INCARCERATED INDIVID-
 UAL'S COMPENSATION UNDER SUBDIVISION SIX OF SECTION ONE HUNDRED  EIGHTY-
 SEVEN  OF THE CORRECTION LAW.  NOTHING IN THIS SECTION SHALL PREVENT THE
 STATE FROM SOLICITING AND RECEIVING GRANTS, GIFTS OR  BEQUESTS  FOR  THE
 PURPOSES  OF  SUCH  FUND  AND DEPOSITING THEM INTO THE FUND ACCORDING TO
 LAW.
   3. MONEYS IN SUCH FUND SHALL BE KEPT SEPARATE FROM AND  SHALL  NOT  BE
 COMMINGLED  WITH  ANY  OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION. ANY  MONEYS  OF
 THE  FUND  NOT  REQUIRED FOR IMMEDIATE USE MAY, AT THE DISCRETION OF THE
 A. 4510                             3
 
 COMPTROLLER, IN CONSULTATION WITH  THE  DEPARTMENT  OF  CORRECTIONS  AND
 COMMUNITY  SUPERVISION, BE INVESTED BY THE COMPTROLLER IN OBLIGATIONS OF
 THE UNITED STATES OR THE STATE, OR  IN  OBLIGATIONS  THE  PRINCIPAL  AND
 INTEREST  ON  WHICH ARE GUARANTEED BY THE UNITED STATES OR BY THE STATE.
 ANY INCOME EARNED BY THE INVESTMENT OF SUCH MONEYS SHALL BE ADDED TO AND
 BECOME A PART OF, AND SHALL BE USED FOR THE PURPOSES OF SUCH FUND.
   § 10. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.