NY State Senate Bill 2025-S439A

Senate Bill S439A

2025-2026 Legislative Session

Enacts "the prison minimum wage act" relating to payment for labor performed by incarcerated individuals

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Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2025	print number 439a
Jan 23, 2025	amend and recommit to crime victims, crime and correction
Jan 08, 2025	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

co-Sponsors

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2025-S439 - Details

See Assembly Version of this Bill:: A3596
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§170, 171, 177, 178, 184, 186, 187 & 200, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11317
2019-2020: S3138, A1275
2021-2022: S287, A1643
2023-2024: S2345

2025-S439 - Summary

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

2025-S439 - Sponsor Memo

                                 
BILL NUMBER: S439

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the correction law, in relation to enacting "the prison
minimum wage act"

 
PURPOSE:

To end the last vestiges of slavery and embrace the spirit and the prom-
ise of the Thirteenth Amendment of the United States Constitution by
providing a minimum wage of $3.00 an hour to inmates.

 
SUMMARY OF PROVISIONS:

Section 1 provides the title of the bill, "Prison Minimum Wage Act."

Section 2 amends subdivision 3 of section 170 of the correction law, as
amended by chapter 322 of the laws of 2021 which provides that any
inmate who volunteers to perform work for a nonprofit organization shall
be paid a minimum wage of three dollars per hour.  This subdivision also

authorizes the state Department of Corrections and Community Supervision
to charge the nonprofit organization a reasonable hourly rate for meals
and housing of prisoners if applicable.

Section 3 amends section 171 of the correction law by adding a new
subdivision 3 which requires that an inmate be paid a minimum wage of
three dollars per hour for any labor performed.

Section 4 amends subdivision 7 of section 177 of the correction law, as
renumbered by chapter 256 of the laws of 2010, and renumbered subdivi-
sion 8 and added a new subdivision 7 which requires that an inmate be
paid a minimum wage of three dollars per hour for any labor performed.

Section 5 amends section 178 of the correction law as added by chapter
322 of the laws of 2021 which requires that any inmate who is employed
under a work release program or a residential treatment facility program
be paid a minimum wage of three dollars per hour.

Section 6 amends section 184 of the correction law by adding a new
subdivision 3 which requires that an inmate be paid a minimum wage of
three dollars per hour who performs work as is related to the manufac-
turing and preparing of any article or material at the direction of the
department of corrections and community supervision.

Section 7 amends section 186 of the correction law by adding a new
subdivision 5 which requires that an inmate be paid a minimum wage of
three dollars per hour for any service performed.

Section 8 amends section 187 of the correction law by adding a new
subdivision 5 which requires that no inmate be compensated an amount
that is less than three dollars an hour for work performed or work for
which a wage is paid. This subdivision also states that "work for which
a wage is paid" includes any task assigned to an inmate for which a wage
would have been due except for his or her status as an inmate.

Section 9 provides for the effective date.

 
JUSTIFICATION:

A study from the Prison Policy Institute found that inmates in New York
State are amongst the lowest-paid incarcerated people nationwide.  On
average, an inmate in New York State makes approximately $0.62 3.00 per
week. This is far behind states like Nevada, Alaska, Maine, and Kansas
where inmates are allowed to make $3.00 an hour.

Inmates are assigned an array of duties, from custodial and food
services within a correctional facility to working at the Division o f
Correctional Industries, otherwise known as Corcraft, an entity within
the Department of Corrections and Community Supervision (DOC CS) where
inmates manufacture license plates, janitorial supplies, and office
furniture, amongst other things. A 2014 DOCCS report found that Corcraft
employed approximately 2,100 prisoners in 14 facilities. Inmates who
work at Corcraft are paid as low as $0.16 an h our and on average make
$0.65 an hour. By law, Corcraft is exempt from participating in the
competitive bid process, and local governments are obligated to purchase
commodities from Corcraft. As such, Corcraft has a monopoly over the
municipal institution market. Be cause of the work provided by inmates,

Corcraft generates approximately $50 million in sales per year, with
only a fraction of that figure being provided to prisoners. According to
DOCCS, as of January 1, 2017, there were approximately 51,000 under
their custody and a 2013 study by the New York City Independent Budget
Office found that New York City housed over 12,000 inmates. They cannot
form unions, do not have a right to workers' compensation if they are
injured on the job, and are required to participate in programs as
assigned which, if they refuse, could lead them to face disciplinary
measures such as solitary confinement and loss of good-time credits.

The 2017 Pulitzer Prize winner in History, Heather Ann Thompson
described forced prison labor as an "institutional descendant of slav-
ery" and the associate director of the Human Rights Defense Center, a
prisoners' rights advocacy group, defined prison labor as prison slave
labor. Forced prison labor can be traced back to Black Codes, where
Southern states enacted the racist convict-lease system following the
Civil War which allowed former slaves to be rented back to their former
masters. Even the courts endorsed the practice as in 187 1 the Supreme
Court of Virginia referred to prisoners as "slaves of the state."

New York State must do better. Our prison system should not be focused
on punishment; rather, it should be dedicated to rehabilitation.  The
overwhelming majority of inmates are released after they have paid their
debt to society. Providing inmates a minimum wage of $3.00 will allow
them to have earnings when they are released, allowing them the ability
to better re-integrate into society, potentially reducing the recidivism
rate, making New York a safer place, and demonstrating that New York
State will no longer be a participant in the act which attributes its
origins to our greatest sin.

 
LEGISLATIVE HISTORY:

S2345 of 2023-24: Referred to Crime Victims, Crime and Correction.

S287 of 2021-22: Referred to Crime Victims, Crime and Correction.

S3138 of 2019-20: Referred to Crime Victims, Crime and Correction.
 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the 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 implementa-
tion of this act on its effective date are authorized to b e made and
completed on or before such date.

2025-S439 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    439
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY,  COMRIE, GONZALEZ, HOYLMAN-SIGAL,
   JACKSON, KAVANAGH, KRUEGER, RAMOS, RIVERA, SALAZAR,  SANDERS,  SERRANO
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Crime Victims, Crime and 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01730-01-5

 S. 439                              2
 
   § 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.  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.

co-Sponsors

View additional co-sponsors

2025-S439A (ACTIVE) - Details

See Assembly Version of this Bill:: A3596
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§170, 171, 177, 178, 184, 186, 187 & 200, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11317
2019-2020: S3138, A1275
2021-2022: S287, A1643
2023-2024: S2345

2025-S439A (ACTIVE) - Summary

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

2025-S439A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S439A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the correction law, in relation to enacting "the prison
minimum wage act"

 
PURPOSE:

To end the last vestiges of slavery and embrace the spirit and the prom-
ise of the Thirteenth Amendment of the United States Constitution by
providing a minimum wage of $3.00 an hour to inmates.

 
SUMMARY OF PROVISIONS:

Section 1 provides the title of the bill, "Prison Minimum Wage Act."

Section 2 amends subdivision 3 of section 170 of the correction law, as
amended by chapter 322 of the laws of 2021 which provides that any
inmate who volunteers to perform work for a nonprofit organization shall
be compensated for their labor of half the minimum wage. This subdivi-

sion also authorizes the state Department of Corrections and Community
Supervision to charge the nonprofit organization a reasonable hourly
rate for meals and housing of prisoners if applicable.

Section 3 amends section 171 of the correction law by adding a new
subdivision 3 which requires that an inmate be paid a minimum wage of
three dollars per hour for any labor performed.

Section 4 amends subdivision 7 of section 177. of the correction law, as
renumbered by chapter 256 of the laws of 2010, and renumbered subdivi-
sion 8 and added a new subdivision 7 which requires that an inmate be
paid a minimum wage of three dollars per hour for any labor performed.

Section 5 amends section 178 of the correction law as added by chapter
322 of the laws of 2021 which requires that any inmate who is employed
under a work release program or a residential treatment facility program
be paid a minimum wage of three dollars per hour.

Section 6 amends section 184 of the correction law by adding a new
subdivision 3 which requires that an inmate be paid a minimum wage of
three dollars per hour who performs work as is related to the manufac-
turing and preparing of any article or material at the direction of the
department of corrections and community supervision.

Section 7 amends section 186 of the correction law by adding a new
subdivision 5 which requires that an inmate be paid a minimum wage of
three dollars per hour for any service performed.

Section 8 amends section 187 of the correction law by adding a new
subdivision 5 which requires that no inmate be compensated an amount
that is less than one-half of the minimum wage for work performed or
work for which a wage is paid. This subdivision' also states that "work
for which a wage is paid" includes any task assigned to an inmate for
which a wage would have been due except for his or her status as an
inmate.


Section 9 amends subdivisions 2 and 3 of the correction law to ensure
that the commissioner of correctional institutions must provide reinte-
gration programs to inmates with incentive allowance programs such as
educational, career, and industrial training programs.

Section 10 provides for the effective date.

 
JUSTIFICATION:

A study from the Prison Policy Institute found that inmates in New York
State are amongst the lowest-paid incarcerated people nationwide. Op
average, an inmate in New York State makes approximately $0.62 an hour,
with some being paid as little as $0.10 per hour or $3.00 per week. This
is far behind states like Nevada, Alaska, Maine, and Kansas where
inmates are allowed to make $3.00 an hour.

Inmates are assigned an array of duties, from custodial and food
services within a correctional facility to working at the Division of
Correctional Industries, otherwise known as Corcraft, an entity within
the Department of Corrections and Community Supervision (DOCCS) where
inmates manufacture license plates, janitorial supplies, and office
furniture, amongst other things. A 2014 DOCCS report found that Corcraft
employed approximately 2,100 prisoners in 14 facilities. Inmates who
work at Corcraft are paid as low as $0.16 an hour and on average make
$0.65 an hour. By law, Corcraft is exempt from participating in the
competitive bid process, and local governments are obligated to purchase
commodities from Corcraft. As such, Corcraft has a monopoly over the
municipal institution market.  Because of the work provided by inmates,
Corcraft generates approximately $50 million in sales per year, with
only a fraction of that figure being provided to prisoners. According to
DOCCS, as of January 1, 2017, there were approximately 51,000 under
their custody and a 2013 study by the New York City Independent Budget
Office found that New York City housed over 12,000 inmates.  They cannot
form unions, do not have a right to workers' compensation if they are
injured on the job, and are required to participate in programs as
assigned which, if they refuse, could lead them to face disciplinary
measures such as solitary confinement and loss of good-time credits.

The 2017 Pulitzer Prize winner in History, Heather Ann Thompson
described forced prison labor as an "institutional descendant of slav-
ery" and the associate director of the Human Rights Defense Center, a
prisoners' rights advocacy group, defined prison labor as prison slave
labor. Forced prison labor can be traced back to Black Codes, where
Southern states enacted the racist convict-lease system following the
Civil War which allowed former slaves to be rented back to their former
masters. Even the courts endorsed the practice as in 1871 the Supreme
Court of Virginia referred to prisoners as "slaves of the state."

New York State must do better. Our prison system should not be focused
on punishment; rather, it should be dedicated to rehabilitation. The
overwhelming majority of inmates are released after they have paid their
debt to society. Providing inmates a minimum wage of $3.00 will allow
them to have earnings when they are released, allowing them the ability
to better re-integrate into society, potentially reducing the recidivism
rate, making New York a safer place, and demonstrating that New York
State will no longer be a participant in the act which attributes its
origins to our greatest sin.

 
LEGISLATIVE HISTORY:

S439 of 2024-25: Referred to Crime Victims, Crime and Correction.

S2345 of 2023-24: Referred to Crime Victims, Crime and Correction.

S287 of 2021-22: Referred to Crime Victims, Crime and Correction.

S3138 of 2019-20: Referred to Crime Victims, Crime and Correction.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the 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.

2025-S439A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  439--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY,  COMRIE, GONZALEZ, HOYLMAN-SIGAL,
   JACKSON, KAVANAGH, KRUEGER, RAMOS, RIVERA, SALAZAR,  SANDERS,  SERRANO
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee  on  Crime  Victims,  Crime and Correction -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 COMPENSATED FOR THEIR LABOR IN ACCORDANCE WITH THE
 PROVISIONS  OF  SUBDIVISION  FOUR OF SECTION ONE HUNDRED EIGHTY-SEVEN OF
 THIS ARTICLE. 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.

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

                                                            LBD01730-02-5
 S. 439--A                           2
 
   § 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.  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 ONE-HALF OF THE MINIMUM WAGE ESTABLISHED BY  ARTICLE  NINE-
 TEEN  OF  THE  LABOR  LAW 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.  Subdivisions  2  and 3 of section 200 of the correction law, as
 amended by chapter 322 of the laws of  2021,  are  amended  to  read  as
 follows:
   2.  In lieu of the system of labor in correctional institutions estab-
 lished by this article, the commissioner [may] SHALL, in order to facil-
 itate an incarcerated individual's eventual reintegration into  society,
 establish  for the incarcerated individuals in one or more state correc-
 tional institutions a  system  of  educational,  career  and  industrial
 training programs, and of incentive allowances for each such program.
   3. For each institution wherein such system is established the commis-
 sioner  shall  prepare, and may at times revise, graded incentive allow-
 ance schedules for the incarcerated individuals within each such program
 based upon the levels of performance and achievement by an  incarcerated
 individual  in  a  program  to  which  [he  or  she  has] THEY HAVE been
 assigned.  NOTWITHSTANDING ANY PROVISION OF LAW, RULE, OR REGULATION  TO
 THE  CONTRARY, NO INCARCERATED INDIVIDUAL SHALL RECEIVE AN HOURLY INCEN-
 S. 439--A                           3
 
 TIVE ALLOWANCE THAT IS LESS THAN ONE-HALF OF  THE  MINIMUM  WAGE  ESTAB-
 LISHED  BY  ARTICLE  NINETEEN OF THE LABOR LAW. Upon the approval of the
 director of the budget  such  schedules  or  revisions  thereof  may  be
 promulgated.
   §  10.  This  act  shall  take effect on the 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.

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Senate Bill S439A

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Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

co-Sponsors

2025-S439 - Details

2025-S439 - Summary

2025-S439 - Sponsor Memo

2025-S439 - Bill Text download pdf

co-Sponsors

2025-S439A (ACTIVE) - Details

2025-S439A (ACTIVE) - Summary

2025-S439A (ACTIVE) - Sponsor Memo

2025-S439A (ACTIVE) - Bill Text download pdf

Comments