NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1275
SPONSOR: Perry 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 one of the bill provides that the act shall be known as the
"Prison Minimum Wage Act."
Section two of the bill amends subdivision 3 of § 170 of the correction
law to provide 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 organiza-
tion a reasonable hourly rate for meals and housing of prisoners if
applicable.
Section three of the bill adds subdivision 3 to § 171 of the correction
law to require that an inmate be paid a minimum wage of three dollars
per hour for any labor performed.
Section four of the bill adds subdivision 8 to § 177 of the correction
law to require that an inmate be paid a minimum wage of three dollars
per hour for any labor performed.
Section five of the bill amends § 178 of the correction law to require
that any inmate who is employed under a work release program or a resi-
dential treatment facility program be paid a minimum wage of three
dollars per hour.
Section six of the bill adds subdivision 3 to § 184 the correction law
to require that an inmate be paid a minimum wage of three dollars per
hour who performs work as it is related to the manufacturing and prepar-
ing of any article or material at the direction of the department of
corrections and community supervision.
Section seven of the bill adds subdivision 5 to § 186 of the correction
law to require that an inmate be paid a minimum wage of three dollars
per hour for any service performed.
Section eight of the bill adds subdivision 5 to § 187 of the correction
law to require 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 nine of the bill provides 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 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 afforded the opportunity 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 Inde-
pendent 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 partic-
ipate 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 slavery" 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 Virgi-
nia referred to prisoners as "slaves of the state."
New York State must do better. Our prison system should not be one which
is focused on punishment; rather, it should be dedicated to rehabili-
tation. The overwhelming majority of inmates are released after they
have paid their debt to society. By providing inmates a minimum wage of
$3.00, it will afford them the opportunity 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 act which attributes its origins to our greatest sin.
PRIOR LEGISLATIVE HISTORY:
2018: A.11317 - Referred to Correction
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
180 days; 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 on or before such date.
STATE OF NEW YORK
________________________________________________________________________
1275
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. PERRY, DE LA ROSA, EPSTEIN, ORTIZ, RICHARDSON,
WALKER, MOSLEY -- 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:
1 Section 1. This act shall be known and may be cited as "the prison
2 minimum wage act".
3 § 2. Subdivision 3 of section 170 of the correction law, as added by
4 chapter 256 of the laws of 2010, is amended to read as follows:
5 3. Notwithstanding any other provision of law, an inmate may be
6 permitted to leave the institution under guard to voluntarily perform
7 work for a nonprofit organization; provided that each inmate who volun-
8 teers to perform work for a nonprofit organization shall be paid a mini-
9 mum hourly wage of not less than three dollars. The department shall be
10 entitled to charge the nonprofit organization a reasonable hourly rate
11 for meals and housing of such prisoners, if any. As used in this
12 section, the term "nonprofit organization" means an organization oper-
13 ated exclusively for religious, charitable, or educational purposes, no
14 part of the net earnings of which inures to the benefit of any private
15 shareholder or individual.
16 § 3. Section 171 of the correction law is amended by adding a new
17 subdivision 3 to read as follows:
18 3. Any inmate performing labor as described in this section shall be
19 compensated for his or her labor in accordance with the provisions of
20 subdivision five of section one hundred eighty-seven of this article.
21 § 4. Subdivision 7 of section 177 of the correction law, as renumbered
22 by chapter 256 of the laws of 2010, is renumbered subdivision 8 and a
23 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.
LBD05532-02-9
A. 1275 2
1 7. Any inmate performing labor as described in this section shall be
2 compensated for his or her labor in accordance with the provisions of
3 subdivision five of section one hundred eighty-seven of this article.
4 § 5. Section 178 of the correction law, as added by chapter 476 of the
5 laws of 1970, is amended to read as follows:
6 § 178. Participation in work release and other community activities.
7 1. Nothing contained in this article shall be construed or applied so as
8 to prohibit private employment of inmates in the community under a work
9 release program, or a residential treatment facility program formulated
10 pursuant to any provision of this chapter.
11 2. Any inmate who is employed under a work release program or a resi-
12 dential treatment facility program formulated pursuant to any provision
13 of this chapter shall be compensated for his or her labor in accordance
14 with the provisions of subdivision five of section one hundred eighty-
15 seven of this article.
16 § 6. Section 184 of the correction law is amended by adding a new
17 subdivision 3 to read as follows:
18 3. Any inmate performing work as described in this section shall be
19 compensated for his or her labor in accordance with the provisions of
20 subdivision five of section one hundred eighty-seven of this article.
21 § 7. Section 186 of the correction law is amended by adding a new
22 subdivision 5 to read as follows:
23 5. Any service performed by an inmate as described in this section
24 shall be compensated in accordance with the provisions of subdivision
25 five of section one hundred eighty-seven of this article.
26 § 8. Section 187 of the correction law is amended by adding a new
27 subdivision 5 to read as follows:
28 5. Notwithstanding any provision of law, rule or regulation to the
29 contrary, no inmate shall be compensated an amount that is less than
30 three dollars an hour for work performed or work for which a wage is
31 paid. As used in this subdivision, "work for which a wage is paid"
32 includes any task assigned to an inmate for which a wage would have been
33 due except for his or her status as an inmate.
34 § 9. This act shall take effect on the one hundred eightieth day after
35 it shall have become a law. Effective immediately the addition, amend-
36 ment and/or repeal of any rule or regulation necessary for the implemen-
37 tation of this act on its effective date are authorized to be made and
38 completed on or before such date.
