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.