BILL NUMBER: S439B
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the correction law, in relation to enacting "the prison
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
creating a minimum wage to be paid for labor performed by incarcerated
individuals in state and local correctional facilities.
 
SUMMARY OF PROVISIONS:
Section 1 provides the title of the bill, "Prison Wage Act."
Section 2 amends Subdivision 3 of section 170 of the correction law to
require that work performed by incarcerated individuals for non-profit
organizations shall be compensated for their labor at no less than one-
half of the minimum wage as established by Article nineteen of the labor
law.
Section 3 amends Section 171 of the correction law, including, by adding
a new subdivision which requires that work performed under this section
shall be compensated at no less than one-half of the minimum wage as
established by Article nineteen of the Labor Law.
Section 4 amends Subdivision 7 of section 177 of the correction law by
renumbering to Subdivision 8, and a new Subdivision 7 is added, which
requires that incarcerated individuals shall be compensated for their
labor at no less than one-half of the minimum wage as established by
Article nineteen of the Labor Law.
Section 5 amends Section 178 of the correction law by numbering the
current text as subdivision 1 and adding a new subdivision which
requires that incarcerated individuals who are employed under work
release programs or at residential treatment facilities shall be compen-
sated for their labor at no less than one half of the minimum wage as
established by article nineteen of the labor law.
Section 6 amends Section 184 of the correction law including by adding a
new subdivision which requires that incarcerated individuals who perform
work related to the manufacturing or preparing of any article or materi-
al at the direction of the department of corrections and community
supervision shall be compensated for their labor at no less than one
half of the minimum wage as established by article nineteen of the labor
law.
Section 7 amends Section 186 of the correction law by adding a new
subdivision which requires that incarcerated individuals shall be
compensated for their labor at no less than one-half of the minimum wage
as established by Article nineteen of the Labor Law.
Section 8 amends Section 187 of the correction law including by adding a
new subdivision which requires that incarcerated individuals shall be
compensated for their labor at no less than one-half of the minimum wage
as established by Article nineteen of the Labor Law.
Section 9 amends Subdivisions 2 and 3 of section 200 of the correction
law by changing "may" to "shall" regarding the commissioner establishing
a system of educational, career and industrial training programs, and
requires that incentive allowances for each such program be no less than
one-half the minimum wage set by Article 19 of the labor law
Section 10 provides for the effective date.
 
JUSTIFICATION:
New York State played a critical role in creating the profiteering and
exploitative prison labor systems that exist across the U.S. today.
Pioneered more than 200 years ago at Auburn Prison in Auburn, New York,
our state was the first in the nation to force incarcerated workers to
labor without wages to produce goods and services that could then be
sold for profit. The goal was to create a prison labor industry that
would eventually wholly offset the costs of incarceration.
Even the passage of the Thirteenth Amendment to the U.S. Constitution,
which ended chattel slavery, failed to protect people who are incarcer-
ated, including New Yorkers, from the vestiges of slavery. The 13th
Amendment contains an insidious exception that prohibits slavery and
involuntary servitude "except as a punishment for crime." This inten-
tional omission of people who are incarcerated from constitutional
protections against slavery has led many scholars to conclude that our
current system of prison labor is an institutional descendant of slav-
ery.
Today, little has changed. Wages for incarcerated workers have been
stagnant since the early 1990s, while costs for basic goods in facili-
ties have skyrocketed, preventing individuals in facilities from access-
ing necessary goods, being able to support their families, and saving
for release.
Incarcerated New Yorkers are forced to work under the threat of punish-
ment for as little as $0.10 per hour, and that is before their wages are
garnished to pay fines and fees. In addition to staffing hundreds of
prison maintenance jobs like groundskeeping, kitchen duty, and laundry,
the Department of Corrections and Community Supervision (DOCCS) owns and
operates a prison industry program known as Corcraft. Through Corcraft,
incarcerated people are paid pennies an hour to provide services like
asbestos and lead removal, and to manufacture everything from eyeglass-
es, trash cans, and license plates, to furniture for SUNY, NYC schools,
and government offices. The desks that lawmakers and their staff work
at, and many of the very office chairs used by legislators today, are
made by incarcerated workers. Moreover, in the spring of 2020, as
COVID-19 ravaged New York and Private businesses were placed under lock-
down, incarcerated people were forced to continue working in prison
factories without personal protective equipment, risking their lives to
build coffins and bottle hand sanitizer that they were prohibited from
using.
By using forced and exploitative labor practices, Corcraft makes
millions of dollars for the state every year. Between 2010 - 2021,
Corcraft sold over $545 million worth of goods and services using the
labor of incarcerated New Yorkers.
Although the cost of living in New York is the third highest in the
nation, the wages we pay to incarcerated workers is well below the
national average. Wages for New York's incarcerated population have not
increased in over thirty years. In addition to the obvious harm and
indignity nearly nonexistent wages cause to those who are incarcerated,
the lack of payment takes a tremendous toll on the families and communi-
ties of incarcerated individuals. One in three families is driven into
debt supporting a loved one who is incarcerated. The current system of
prison profiteering requires prisoners to pay for basic necessities such
as food, clothing, toiletries, and phone calls. Most incarcerated people
must work hours just to afford a single bar of soap, a toothbrush, or
toothpaste.
Increasing prison wages to one-half of the minimum wage would be money
well spent, with fiscal and social benefits far exceeding the costs.
With increased wages, incarcerated workers would be able to meet their
own basic needs for food, clothing, and toiletries while lessening reli-
ance on family members. In addition, increased wages would make more
money available for child support payments and restitution to crime
victims. Governments and taxpayers would see a reduction in public
welfare costs, as higher wages will lessen financial burdens placed on
families with incarcerated loved ones, reducing the number of households
driven into debt, while also allowing incarcerated workers to accumulate
savings for when they are released. Such increased savings could reduce
reliance on public benefits for people exiting incarceration, and is an
important factor in reducing recidivism and reincarceration.
New York must do better. Our prison system should be focused on rehabil-
itation and successful reentry rather than dehumanization and punish-
ment. It must be free from the stains of slavery. Providing incarcerated
individuals with wages of at least one-half of the state minimum wage
will strengthen communities and families while making New York safer and
more humane.
 
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.

Statutes affected:
S439: 170 correction law, 170(3) correction law, 171 correction law, 178 correction law, 184 correction law, 186 correction law, 187 correction law
S439A: 170 correction law, 170(3) correction law, 171 correction law, 178 correction law, 184 correction law, 186 correction law, 187 correction law
S439B: 170 correction law, 170(3) correction law, 171 correction law, 171(1) correction law, 178 correction law, 184 correction law, 186 correction law, 187 correction law, 187(1) correction law