S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6469
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2023
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
   the Committee on Correction
 
 AN ACT to amend the correction law, in relation to incarcerated individ-
   uals wages
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  187 of the correction law is amended by adding a
 new subdivision 5 to read as follows:
   5. INCARCERATED INDIVIDUALS SHALL BE  COMPENSATED  FOR  ALL  WORK  AND
 PROGRAM  ASSIGNMENTS AT A BASE RATE OF COMPENSATION OF ONE DOLLAR TWENTY
 CENTS TO TEN DOLLARS PER DAY AND SHALL  BE  GIVEN  BIANNUAL  RAISES  FOR
 ADEQUATE  PERFORMANCE  IN  SUCH  ASSIGNMENTS. AN INCARCERATED INDIVIDUAL
 WORKING IN  A  MANUFACTURING  OR  INDUSTRIAL  ASSIGNMENT  SHALL  RECEIVE
 COMPENSATION OF FIVE TO TEN DOLLARS PER DAY FOR THE DURATION OF THE TIME
 SUCH  INCARCERATED  INDIVIDUAL WORKS IN SUCH ASSIGNMENT AND SHALL REVERT
 TO HIS OR HER PREVIOUS RATE OF COMPENSATION ONCE HE OR SHE IS NO  LONGER
 WORKING  IN SUCH ASSIGNMENT.  UNLESS AN INCARCERATED INDIVIDUAL IS LEAV-
 ING SUCH MANUFACTURING OR INDUSTRIAL ASSIGNMENT, HIS OR HER COMPENSATION
 FOR PERFORMING HIS OR HER  WORK  OR  PROGRAM  ASSIGNMENT  SHALL  NOT  BE
 DECREASED IF HE OR SHE IS TRANSFERRED TO A DIFFERENT FACILITY OR CHANGES
 ASSIGNMENTS  WITHIN  A  FACILITY. THE DEPARTMENT SHALL REVIEW AND ADJUST
 THE BASE RATE OF COMPENSATION OF  INCARCERATED  INDIVIDUALS  EVERY  FIVE
 YEARS  AFTER  THE EFFECTIVE DATE OF THIS SUBDIVISION TO ADJUST FOR COST-
 OF-LIVING INCREASES. A COST-OF-LIVING ADJUSTMENT SHALL BE  MADE  IF  THE
 SUM  OF  THE  ANNUAL AVERAGE CHANGES OF THE CONSUMER PRICE INDEX FOR ALL
 URBAN CONSUMERS (CPI-U), AS PUBLISHED  ANNUALLY  BY  THE  UNITED  STATES
 DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS, IS TEN PERCENT OR GREAT-
 ER  UPON  REVIEW.  INCARCERATED  INDIVIDUALS WHO ARE NOT ABLE TO WORK OR
 PARTICIPATE IN PROGRAMS BECAUSE OF A MEDICAL, MENTAL, COGNITIVE,  DEVEL-
 OPMENTAL  OR PHYSICAL IMPAIRMENT OR CONDITION OR WHO ARE OVER THE AGE OF
 SIXTY AND NOT PARTICIPATING IN A WORK OR PROGRAM ASSIGNMENT  BECAUSE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01561-01-3
              

 A. 6469                             2
 
 AGE-RELATED  INFIRMITY  OR  FRAILTY  SHALL  BE  PAID ONE DOLLAR PER DAY,
 ADJUSTED EVERY FIVE YEARS FOR COST OF LIVING.
   §  2. This act shall take effect one year after it shall have become a
 law.