S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3596
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section 1. This act shall be known and may be  cited  as  "the  prison
 minimum wage 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; PROVIDED THAT EACH
 INCARCERATED INDIVIDUAL WHO VOLUNTEERS TO PERFORM WORK FOR  A  NONPROFIT
 ORGANIZATION  SHALL BE PAID A MINIMUM HOURLY WAGE OF NOT LESS THAN THREE
 DOLLARS. THE DEPARTMENT SHALL BE ENTITLED TO CHARGE THE NONPROFIT ORGAN-
 IZATION A REASONABLE HOURLY RATE FOR MEALS AND HOUSING OF  SUCH  PRISON-
 ERS,  IF ANY. 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 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.  ANY  INCARCERATED INDIVIDUAL PERFORMING LABOR AS DESCRIBED IN THIS
 SECTION SHALL BE COMPENSATED FOR THEIR  LABOR  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  SUBDIVISION  FIVE OF SECTION ONE HUNDRED EIGHTY-SEVEN OF
 THIS ARTICLE.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01730-01-5
 A. 3596                             2
              

 
   7.  ANY  INCARCERATED INDIVIDUAL PERFORMING LABOR AS DESCRIBED IN THIS
 SECTION SHALL BE COMPENSATED FOR THEIR  LABOR  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  SUBDIVISION  FIVE OF SECTION ONE HUNDRED EIGHTY-SEVEN OF
 THIS ARTICLE.
   §  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.
 1. 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.
   2. 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 THEIR LABOR IN
 ACCORDANCE WITH THE  PROVISIONS  OF  SUBDIVISION  FIVE  OF  SECTION  ONE
 HUNDRED EIGHTY-SEVEN OF THIS ARTICLE.
   §  6.  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  THEIR LABOR IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE  HUNDRED  EIGHTY-SEVEN  OF
 THIS ARTICLE.
   §  7.  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 ACCORDANCE WITH THE  PROVISIONS  OF
 SUBDIVISION FIVE OF SECTION ONE HUNDRED EIGHTY-SEVEN OF THIS ARTICLE.
   §  8.  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 THREE DOLLARS AN HOUR FOR WORK PERFORMED OR WORK FOR WHICH
 A WAGE IS PAID. AS USED IN 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 THEIR STATUS AS AN INCARCERATED
 INDIVIDUAL.
   § 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately the  addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.