BILL NUMBER: S1208
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the correction law, in relation to establishing a New
York state prison labor board to ensure that all labor programs comply
with the requirements of the labor law and are for the purpose of
promoting successful rehabilitation, reentry and reintegration into the
community and not for the purpose of earnings or cost-savings which
inure to the benefit of the state or any private individual or corpo-
ration, prohibiting the department of corrections and community super-
vision from unfairly attaching, garnishing or disbursing the funds of
incarcerated individuals where such individuals have not requested
disbursement, and requiring that all interest accumulated on incarcerat-
ed individuals' funds be credited to such individual's accounts; and to
repeal sections 184, 185 and 186 of the correction law relating thereto;
to amend the state finance law and the legislative law, in relation to
eliminating the preferred status of the department of corrections and
community supervision regarding commodities and services furnished by
the correctional industries program; and to repeal certain provisions of
the state finance law relating to such preferred status
 
PURPOSE:
This bill establishes a New York state prison labor board to create,
monitor, and enforce an equitable and rehabilitative system of prison
labor; abolishes penal servitude by prohibiting the forced labor of
incarcerated individuals; provides fair wages and treatment of incarcer-
ated individuals; prohibits the use of the labor of incarcerated indi-
viduals' for earnings which inure to the benefit of the state of New
York, the government of the United States, any state of the United
States, any public corporation, or any private shareholder or individ-
ual.
 
SUMMARY OF PROVISIONS:
Section 1 provides for the title of this bill which is the "Fairness and
Opportunity for Incarcerated Workers Act".
Section 2 provides the legislative findings and intent that list the
current issue regarding forced prison labor, current safety hazards, and
a lack of a viable rehabilitative system.
Section 3 amends the correction law by adding subdivisions 35 and 36
that define the terms, "Labor program", and "Labor board".
Section 4 amends section 116 of the correction law by adding chapter 322
of the laws of 2021 which explains the scheduled process of depositing
the income of prisoners by the warden or superintendent. It also
outlines the system for withdrawing funds during incarceration.
Section 5 amends the correction law by adding section 200-a which estab-
lishes the Prison Labor Board, by defining the membership allowances,
which allows prisoners to participate, and the replacement system in
place. Along with this it also stipulates the hierarchy of reports, the
goals of this board when it comes to identifying viable programs, estab-
lishing pay amounts, and oversight to ensure that these programs are
being followed accurately. Lastly, it recommends further study to ensure
the productivity of these programs.
Section 6 amends section 154 of the correction law by adding chapter 788
of the laws of 1968 which outlines what an incarcerated individual's
wages can be used for. Under the purview of the commissioner, these
funds can be used to cover incident costs, support the prisoner's depen-
dents, and the payment of court fees. All remaining fees will be paid
out to the prisoner upon release from incarceration by check.
Section 7 amends subdivision 1 of section 170 of the correction law by
adding chapter 322 of the laws of 2021 that restricts the commissioner
or any authority from making any contracts regarding an inmate's labor
with any person, firm, association, or corporation that is not a part of
the State.
Section 8 amends section 171 of the correction law by adding chapter 364
of the laws of 1983 by establishing the terms and conditions of labor
programs.
Section 9 amends subdivision 3 of section 177 of the correction law by
adding chapter 322 of the laws of 2021 stipulates the powers of the
sheriff of the correctional facility and the commissioner of corrections
and community supervision concerning the distribution, marketing, and
sale of all products that are created in correctional facilities.
Section 10 amends section 178 of the correction law by adding chapter
322 of the laws of 2021 which states that any private employment of
incarcerated individuals as part of a work release or residential treat-
ment facility program is independent of this article, but must adhere to
the requirements of the chapter.
Section 11 amends subdivisions 1 and 2 of section 183 of the correction
law. Subdivision 1 is amended by section 26 of subpart A of part C of
chapter 62 of the laws of 2011 which states that it is up to the deci-
sion of the commissioner to allocate labor for incarcerated individuals
in their correctional institution. This section amends Subdivision 2 by
adding chapter 464 of the laws of 1981 which states that the commission-
er must submit quarterly reports to the labor board, senate finance
committee, Assembly Ways and Means committee, and the director of the
budget for oversight.
Section 12 repeals sections 184, 185, and 186 of the correction law.
Section 13 amends section 187 of the correction law by adding chapter
322 of the laws of 2021 which says that every incarcerated individual in
a state correctional facility shall receive compensation for work
performed during their imprisonment.
Section 14 amends section 189 of the correction law by using chapter 3
of the laws of 1995 which directly states that the earnings from an
incarcerated individual can be taken without consent to give aid to a
dependent relative upon the approval of the commissioner of social
services.
Section 15 amends section 189 of the correction law by adding chapter
738 of the laws of 1942 which dictate the control and usage of an incar-
cerated individual's earnings during their incarceration. Which will be
under the purview of the department and stored in a trust fund until it
shall be used for the allowed purposes highlighted in this article.
Section 16 amends section 190 of the correction law by adding section 23
of subpart B of part C of chapter 62 of the laws of 2011 which stipu-
lates a comprehensive monthly statement of receipts and expenditures for
each industry. This includes but is not limited to operating costs, the
value of materials, machinery, procured property, and the inflow of
money of the preceding month which must all be submitted to the labor
board.
Section 17 amends subdivisions 2, 3, and 4 of section 200 of the
correction law, by adding chapter 322 of the laws of 2021 that it is the
responsibility of the labor board to facilitate educational and career
training programs to help reintegrate incarcerated individuals into
society upon their release. This is achieved through the use of incen-
tive allowance schedules to encourage incarcerated individuals to
partake in and interact with these programs. Section 6 is amended by
adding chapter 536 of the laws of 1974 that dictate that all incarcerat-
ed individuals must be given the same health and safety protections that
are given to any federal and state employees.
Section 18 repeals subdivision 2 of section 162 of the state finance law
and reletters certain paragraphs to reflect this.
Section 19 amends Subdivision 3 of Section 162 of the state finance law
by adding Chapter 83 of the laws of 1995 which require the commissioner
to create a list of every commodity and service that are available to be
purchased by state agencies and public corporations.
Section 20 repeals subparagraph (iii) of paragraph (a) of subdivision 4
of section 162 of the state finance law.
Section 21 amends subparagraphs listed subparagraphs of subdivision 4 of
section 162 of the state finance law by adding chapter 83 of the laws of
1995 that allow the priority order of who can purchase these commodities
created by incarcerated individuals. It also outlines the purchase proc-
ess for approved organizations and departments.
Section 22 amends subparagraph (ii) of paragraph (a) of subdivision 4 of
section 162 of the state finance law by adding chapter 83 of the laws of
1995 that stipulate where commodities can be purchased should they be
restricted from purchasing commodities from industries that employ
incarcerated individuals.
Section 23 repeals subdivision 5 of section 162 of the state finance law
and renumbers the respective subdivisions listed in this section.
Section 24 amends the opening paragraph and paragraph (a) of subdivision
5 of section 162 of the finance law by adding chapter 565 of the laws of
2022 stating that it is under the purview of the commissioner to deter-
mine prices for all commodities that are produced by the department of
corrections and community supervision.
Section 25 amends subparagraph 9 of paragraph (a) of subdivision 3 of
section 139-j of the state finance law by adding chapter 265 of the laws
of 2013 which reiterates that no communication can create any new
rights, duties, or responsibilities under the governmental procurement
process.
Section 26 amends subparagraph G of the second undesignated paragraph of
subdivision (c) of section 1-c of the legislative law by adding chapter
265 of the laws of 2013 that define lobbying" and "lobbying activities"
in the context of purchasing commodities.
Section 27 lists the terms of the severability clause of this bill.
Section 28 provides for the effective date.
 
JUSTIFICATION:
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. For example, in 1871 the Supreme
Court of Virginia referred to prisoners as "slaves of the state."
Involuntary servitude is a violation of human rights and dignity. More-
over, using labor as a scourge rather than offering the opportunity to
work as a reward, deprives our corrections system of a tool to rehabili-
tate incarcerated individuals. By extirpating this vestige of slavery,
New York State will no longer be a participant in a practice that traces
its origins to our greatest sin.
 
LEGISLATIVE HISTORY:
S6747A of 2023-24: Referred to Crime Victims, Crime and Correction.
S416A of 2021-22: Referred to Crime Victims, Crime and Correction.
S8851 of 2020: Referred to Rules.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 189 of the correction law made by section fourteen
of this act shall be subject to the expiration and reversion of such
section pursuant to subdivision h of section 74 of chapter 3 of the 16
laws of 1995, as amended, when upon such date the provisions of section
17 fifteen of this act shall take effect; provided further, however,
that the amendments to subparagraph (ii) of paragraph a of subdivision 4
of section 162 of the state finance law made by section twenty-one of
this act shall be subject to the expiration and reversion of such
subparagraph pursuant to section 2 of chapter 91 of the laws of 2023, as
amended when upon such date the provisions of section twenty-two of this
act shall take effect; provided further, that the amendments to section
139- of the state finance law made by section twenty-five of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.

Statutes affected:
S1208: 2 correction law, 116 correction law, 170 correction law, 170(1) correction law, 177 correction law, 177(3) correction law, 178 correction law, 187 correction law, 189 correction law, 190 correction law, 162 state finance law, 162(2) state finance law, 162(4) state finance law, 162(5) state finance law, 139-j state finance law, 139-j(3) state finance law, 1-c legislative law