Bill Text: NY A07452 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes 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 the state or any private individual or corporation; prohibits the department of corrections and community supervision from unfairly attaching, garnishing or disbursing the funds of incarcerated individuals where such individuals have not requested disbursement; requires that all interest accumulated on incarcerated individuals' funds be credited to such individual's accounts; eliminates the preferred status of the department of corrections and community supervision regarding commodities and services furnished by the correctional industries program; and repeals certain provisions of the state finance law relating to such preferred status.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2024-01-03 - referred to correction [A07452 Detail]
Download: New_York-2023-A07452-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7452 2023-2024 Regular Sessions IN ASSEMBLY May 22, 2023 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee on Correction 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 corporation, prohibiting the department of corrections and community supervision 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 incarcerated 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 legisla- tive law, in relation to eliminating the preferred status of the department of corrections and community supervision regarding commod- ities and services furnished by the correctional industries program; and to repeal certain provisions of the state finance law relating to such preferred status The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short Title. This act shall be known and may be cited as 2 the "fairness and opportunity for incarcerated workers act". 3 § 2. Legislative findings and intent. The legislature hereby declares 4 that: 5 1. The current system of prison labor in New York is an outgrowth of 6 the legacy of slavery and has been allowed to continue in our state 7 because of the exception created in the 13th Amendment which abolished 8 slavery "except as punishment for a crime." EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00136-02-3A. 7452 2 1 2. The history of prison labor in New York can be traced back to 2 Auburn Prison, where a cruel and dehumanizing system of forced labor was 3 established 200 years ago with the goal of creating a self-sustaining 4 prison system. 5 3. Today, incarcerated individuals are forced to work under threat of 6 punishment; hourly wages range from ten to sixty-five cents an hour and 7 have not increased since 1993; work conditions are unsafe and have 8 resulted in serious injury and even death; assigned work programs are 9 insufficient to provide incarcerated individuals with the skills and 10 training necessary for successful rehabilitation, reentry and reinte- 11 gration into the community; and there currently exists no means by which 12 incarcerated individuals can organize to work toward improving these 13 conditions. 14 4. The labor of incarcerated individuals has been used to create 15 millions of dollars of profits and cost-savings for the state. 16 5. The current system of prison labor is a violation of human rights 17 and an affront to human dignity. 18 6. The Fairness and Opportunity for Incarcerated Workers Act will: end 19 forced labor; provide for a minimum wage, healthy and safe working 20 conditions, and the right to organize; and require that all work 21 programs provide incarcerated individuals with the skills and training 22 necessary for successful rehabilitation, reentry, and reintegration into 23 the community. The act also establishes a labor board to ensure that 24 these requirements are met; provides a means of redress if labor laws 25 are violated; and eliminates Corcraft's preferred vendor status. 26 § 3. Section 2 of the correction law is amended by adding two new 27 subdivisions 35 and 36 to read as follows: 28 35. "Labor program" means any job or work whereby the department 29 employs, assigns or permits an incarcerated individual to provide 30 services in any correctional facility, jail, reformatory or other insti- 31 tution in the state and for which the minimum wage established by arti- 32 cle nineteen of the labor law would have been due but for such individ- 33 ual's condition of incarceration. Labor programs shall include, but not 34 be limited to, Corcraft prison industry jobs, facility needs jobs, 35 kitchen, laundry, library, groundskeeping and other in-house prison 36 operation and upkeep work, and any other work whereby the labor of an 37 incarcerated individual is contracted, let, farmed out, given or sold to 38 the state, any subdivision thereof, or any public, nonprofit or private 39 entity, shareholder or individual. 40 36. "Labor board" means the prison labor board established pursuant to 41 section 200-a of this chapter. 42 § 4. Section 116 of the correction law, as amended by chapter 322 of 43 the laws of 2021, is amended to read as follows: 44 § 116. [incarcerated] Incarcerated individuals' funds. The warden or 45 superintendent of each of the institutions within the jurisdiction of 46 the department of corrections and community supervision shall deposit at 47 least once in each week to his or her credit as such warden, or super- 48 intendent, in such bank or banks as may be designated by the comp- 49 troller, all the moneys received by him or her as such warden, or super- 50 intendent, as incarcerated individuals' funds, and send to the 51 comptroller and also to the commissioner monthly, a statement showing 52 the amount so received and deposited. Such statement of deposits shall 53 be certified by the proper officer of the bank receiving such deposit or 54 deposits. The warden, or superintendent, shall also verify by his or her 55 affidavit that the sum so deposited is all the money received by him or 56 her as incarcerated individuals' funds during the month. Any bank inA. 7452 3 1 which such deposits shall be made shall, before receiving any such 2 deposits, file a bond with the comptroller of the state, subject to his 3 or her approval, for such sum as he or she shall deem necessary. Upon a 4 certificate of approval issued by the director of the budget, [pursuant5to the provisions of section fifty-three of the state finance law,] the 6 amount of interest, if any, heretofore accrued and hereafter to accrue 7 on moneys so deposited, heretofore and hereafter credited to the warden, 8 or superintendent, by the bank from time to time, shall be [available9for expenditure by the warden, or superintendent, subject to the direc-10tion of the commissioner, for welfare work among the incarcerated indi-11viduals in his or her custody. The withdrawal of moneys so deposited by12such warden, or superintendent, as incarcerated individuals' funds,13including any interest so credited, shall be subject to his or her14check] designated as incarcerated individual's funds. Each warden, or 15 superintendent, shall each month provide the comptroller and also the 16 commissioner with a record of all withdrawals from incarcerated individ- 17 uals' funds. As used in this section, the term " incarcerated individ- 18 uals' funds" means the funds in the possession of the incarcerated indi- 19 vidual at the time of his or her admission into the institution, funds 20 earned by him or her as provided in section one hundred eighty-seven of 21 this chapter, interest accrued on such funds, and any other funds 22 received by him or her or on his or her behalf and deposited with such 23 warden or superintendent in accordance with the rules and regulations of 24 the commissioner. [Whenever the total unencumbered value of funds in an25incarcerated individual's account exceeds ten thousand dollars, the26superintendent shall give written notice to the office of victim27services.] 28 § 5. The correction law is amended by adding a new section 200-a to 29 read as follows: 30 § 200-a. Prison labor board; organization, functions, powers and 31 duties. 1. There is hereby established within the department a prison 32 labor board which, for the purposes of this section, shall be referred 33 to as the "labor board". 34 2. The labor board shall be comprised of the following members: 35 (a) the commissioner or his or her designee; 36 (b) the deputy commissioner for programs or his or her designee; 37 (c) the commissioner of the department of labor or his or her desig- 38 nee; 39 (d) the commissioner of the division of human rights or his or her 40 designee; 41 (e) one formerly incarcerated individual who shall be appointed by the 42 governor; 43 (f) one formerly incarcerated individual who shall be appointed by the 44 chairperson of the assembly committee on correction; 45 (g) one formerly incarcerated individual who shall be appointed by the 46 chairperson of the senate committee on crime victims, crime and 47 correction; 48 (h) three currently incarcerated individuals from the three correc- 49 tional facilities with the largest prison populations and where Corcraft 50 industry is in operation. Such individuals shall be appointed by their 51 facility's inmate liaison committee and shall serve terms as defined by 52 this section; 53 (i) one currently incarcerated individual from a women's correctional 54 facility. Such individual shall be appointed by her facility's inmate 55 liaison committee and shall serve a term as defined by this section;A. 7452 4 1 (j) two members of nonprofit reentry programs for incarcerated indi- 2 viduals, one of which serves formerly incarcerated individuals in New 3 York city and one of which serves formerly incarcerated individuals 4 statewide; and 5 (k) two members representing organized labor who shall be appointed by 6 the commissioner of the department of labor. 7 3. The commissioner or his or her designee and the commissioner of the 8 department of labor or his or her designee shall serve as co-chairper- 9 sons of the labor board. 10 4. All individuals appointed to the labor board shall have direct 11 experience with or demonstrated knowledge of prison labor programs, 12 vocational and occupational training, or community reentry and reinte- 13 gration programs. 14 5. All members of the labor board shall be equal voting members. 15 6. All members of the labor board shall serve two years after initial 16 appointment. After their initial terms, all members shall serve four- 17 year terms. 18 7. Any member chosen to fill in a vacancy created, other than by expi- 19 ration of term, shall be appointed for the unexpired term of the member 20 whom he or she is to succeed. Vacancies caused by the expiration of term 21 or otherwise shall be filled in the same manner as original appoint- 22 ments. 23 8. The labor board members shall continue in office until the expira- 24 tion of their terms and until their successors are appointed. 25 9. No labor board member shall be appointed to the labor board for 26 more than four consecutive terms. 27 10. Appointments to the labor board shall be made within ninety days 28 of the effective date of this section. 29 11. All nongovernmental labor board members shall be reimbursed for 30 reasonable and necessary expenses related to their official duties as 31 members of the labor board. 32 12. The labor board and each member thereof shall have, but not be 33 limited to the following functions, duties, and powers: 34 (a) to ensure that all labor programs are for the purpose of rehabili- 35 tation and community reentry and reintegration, and not for the purpose 36 of creating profits or cost-savings which inure to the benefit of the 37 state, any subdivision thereof, the department of corrections and commu- 38 nity supervision, any public or nonprofit entity, or any private entity, 39 shareholder, or individual; 40 (b) to develop and implement: 41 (i) uniform rules, regulations, standards, processes, and best prac- 42 tices that all labor programs shall meet; and 43 (ii) uniform rules and regulations that govern the responsibilities of 44 the department and the labor board in designing, implementing, approv- 45 ing, and monitoring labor programs; 46 (c) to approve existing labor programs that meet the requirements of 47 this chapter, to make recommendations for labor programs that are not 48 approved, and to design and implement new labor programs; 49 (d) to ensure that labor programs are made available to all incarcer- 50 ated individuals in an equitable and non-discriminatory manner, and to 51 prohibit the extraction of any form of payment or benefit as a condition 52 of labor program assignment or duties; and 53 (e) to investigate or take such other action as shall be deemed neces- 54 sary or proper with respect to any labor program that does not comply 55 with the requirements of this article.A. 7452 5 1 13. Within one year of the enactment of this section, but no later 2 than December thirty-first, two thousand twenty-four, and annually ther- 3 eafter, the labor board shall report to the governor, the temporary 4 president of the senate, and the speaker of the assembly the following 5 information for each correctional facility: 6 (a) all activities undertaken by the labor board including approvals, 7 disapprovals, and investigations of current labor programs, and activ- 8 ities related to the creation of new labor programs; 9 (b) a description of the purpose of each labor program, including the 10 skills required to perform the labor and the training or education 11 offered to attain such skills; 12 (c) the wage rate assigned to each type of labor program including 13 variations within the wage rate based on seniority, skills, or other 14 criteria; 15 (d) the physical and environmental hazards that exist for each type of 16 labor program; 17 (e) a datafile consisting of every incarcerated individual participat- 18 ing in a labor program in which each individual is de-identified but is 19 assigned an ID unique to such datafile, which shall include the follow- 20 ing information for each individual for each pay period during the past 21 year: 22 (i) for each incarcerated individual, the wages received by such 23 incarcerated individual with an indication of any amounts that were 24 garnished or attached by the court or the department; 25 (ii) for each incarcerated individual, the total number of hours 26 worked and hourly wage rate assigned to the labor program; 27 (iii) the race, ethnicity, gender, and age for each incarcerated indi- 28 vidual participating in a labor program; 29 (iv) any injuries reported by an incarcerated individual while partic- 30 ipating in a labor program, including a description of the injury 31 received, or exacerbation of an existing injury, the specific labor 32 program in which the injury was received, the treatment administered, 33 and outcome of such treatment; and 34 (v) any reports regarding an incarcerated individual's refusal to work 35 or threatened refusal to work, reasons for such work refusal, and the 36 consequences imposed including, but not limited to, placement on 37 keeplock status, negative behavior reports, fines, or loss of family 38 visitation or other privileges. 39 (f) recommendations for further study to measure the success of the 40 labor program regarding rehabilitation, reentry, and reintegration into 41 the community. 42 § 6. Section 154 of the correction law, as added by chapter 788 of the 43 laws of 1968, subdivision 4 as amended by section 3 of part F of chapter 44 62 of the laws of 2003, is amended to read as follows: 45 § 154. Disposition of [Earnings] earnings. The earnings of [a prison-46er] an incarcerated individual participating in a work release program, 47 less any payroll deductions required or authorized by law, shall be 48 deposited with the department in a trust fund account. Such earnings 49 shall not be subject to attachment or garnishment in the hands of the 50 department. The commissioner is authorized [to provide for disbursements51from the trust fund account for any or all of the following purposes:521. Such costs incident to the prisoner's confinement as the commis-53sioner deems appropriate and reasonable.542. Such costs related to the prisoner's work release program as the55commissioner deems appropriate and reasonable.563. Support of the prisoner's dependents.A. 7452 6 14. Payment of court fines, mandatory surcharge, sex offender registra-2tion fee, DNA databank fee, restitution or reparation, or forfeitures] 3 and shall approve requests by incarcerated individuals for the disburse- 4 ment of their earnings for commissary purchases, aid to dependents, or 5 any other lawful purposes. The balance of such earnings, if any, after 6 disbursements for any of the foregoing purposes shall be paid [to the7prisoner] by check issued by the department and payable to the incarcer- 8 ated individual upon termination of [his] such individual's imprison- 9 ment. 10 § 7. Subdivision 1 of section 170 of the correction law, as amended by 11 chapter 322 of the laws of 2021, is amended to read as follows: 12 1. The commissioner shall not, nor shall any other authority whatsoev- 13 er, make any contract by which the labor or time of any incarcerated 14 individual in any state or local correctional facility in this state, or 15 the product or profit of his or her work, shall be contracted, let, 16 farmed out, given or sold to [any person, firm, association or corpo-17ration; except that the incarcerated individuals in said correctional18institutions may work for, and the products of their labor may be19disposed of to, the state or any political subdivision thereof, any20public institution owned or managed and controlled by the state, or any21political subdivision thereof, provided that no incarcerated individual22shall be employed or assigned to engage in any activity that involves23obtaining access to, collecting or processing social security account24numbers of other individuals] the state, any subdivision thereof, the 25 department, or any public, nonprofit or private entity, shareholder, or 26 individual unless such labor program is in compliance with the require- 27 ments of this chapter. 28 § 8. Section 171 of the correction law, as amended by chapter 364 of 29 the laws of 1983, the section heading and subdivision 1 as amended by 30 chapter 322 of the laws of 2021, is amended to read as follows: 31 § 171. [Incarcerated individuals to be employed; products of labor of32incarcerated individuals] Terms and conditions of labor programs. 1. The 33 commissioner and the superintendents and officials of all penitentiaries 34 in the state may not cause incarcerated individuals in the state correc- 35 tional facilities and such penitentiaries [who are physically capable36thereof] to be employed for [not to exceed] more than eight hours of 37 each day other than Sundays and public holidays. Notwithstanding any 38 other provision of this section, however, the commissioner and super- 39 intendents of state correctional facilities may employ incarcerated 40 individuals on a volunteer basis on Sundays and public holidays in 41 specialized areas of the facility, including kitchen areas, vehicular 42 garages, rubbish pickup and grounds maintenance, providing, however, 43 that incarcerated individuals so employed shall be allowed an alterna- 44 tive free day within the normal work week. 45 2. [Such labor] Labor programs shall be [either] for the purpose of 46 [the production of supplies for said institutions, or for the state, or47any political subdivision thereof, or for any public institution owned48or managed and controlled by the state, or any political subdivision49thereof; or for the purpose of industrial training and instruction, or50partly for one, and partly for the other of such purposes] promoting 51 successful rehabilitation, reentry and reintegration into the community, 52 and not for the purpose of creating profits or cost-savings which inure 53 to the benefit of the state, any subdivision thereof, the department, or 54 any public or nonprofit entity, private entity, shareholder or individ- 55 ual.A. 7452 7 1 3. All labor programs shall comply with the following terms and condi- 2 tions: 3 (a) No incarcerated individual shall be compelled, threatened, induced 4 or coerced to provide labor against his or her will by means of actual 5 or threatened force, punishment, sexual harm, or by any other means 6 reasonably likely to cause the incarcerated individual to believe that, 7 if they do not provide such labor, that they or another person would 8 suffer physical, emotional or mental harm, or other adverse conse- 9 quences; 10 (b) The wages paid to incarcerated individuals shall not be less than 11 the minimum wage established by article nineteen of the labor law; 12 (c) All health and safety protections required to be provided to 13 employees under federal and state labor law shall be provided to incar- 14 cerated individuals engaged in labor programs; 15 (d) All incarcerated individuals shall have the right to organize and 16 collectively bargain; and 17 (e) All incarcerated individuals shall be afforded an equal opportu- 18 nity to participate in labor programs and the commissioner, the super- 19 intendents and officials of all correctional facilities, jails, reforma- 20 tories and other institutions shall make all efforts to ensure that 21 assignments are distributed equitably and work is provided to all who 22 request it. 23 4. No incarcerated individual shall be discriminated against in a 24 labor program because of their age, race, creed, color, national origin, 25 sexual orientation, gender identity or expression, military status, sex, 26 disability, predisposing genetic characteristics, familial status, mari- 27 tal status, or status as a victim of domestic violence. 28 5. The department shall not take any retaliatory action against an 29 incarcerated individual, whether or not within the scope of the individ- 30 ual's labor program duties, because such individual does any of the 31 following: 32 (a) discloses, or threatens to disclose to a supervisor or to a public 33 body an activity, policy, or practice of the department that the incar- 34 cerated individual reasonably believes is in violation of law, rule, or 35 regulation, or that the incarcerated individual reasonably believes 36 poses a substantial and specific danger to the public health or safety; 37 (b) provides information to, or testifies before, any public body 38 conducting an investigation, hearing, or inquiry into any such activity, 39 policy or practice by the department; or 40 (c) objects to, or refuses to participate in, any such activity, poli- 41 cy, or practice. 42 6. In no event shall an incarcerated individual be employed in an 43 establishment which has a labor dispute. 44 7. The department of labor shall exercise the same supervision over 45 conditions of employment for incarcerated individuals participating in 46 labor programs as such department does over conditions of employment for 47 non-incarcerated individuals. 48 8. Any incarcerated individual alleging a violation of subdivision 49 three, four, or five of this section against any correctional facility, 50 jail, reformatory, or other institution in the state shall have a cause 51 of action in the court of appropriate jurisdiction for damages and 52 injunctive relief and such other remedies as may be appropriate. 53 9. Any incarcerated individual alleging a violation of subdivision 54 three, four or five of this section against any officer or employee of 55 any correctional facility, jail, reformatory, or other institution in 56 the state shall, within ten years after the acts alleged to haveA. 7452 8 1 violated this section, have a cause of action for damages, including 2 punitive damages, injunctive relief, and such other remedies as may be 3 appropriate together with all reasonable attorney's fees and costs. 4 10. The immunity granted pursuant to subdivision one of section twen- 5 ty-four of this chapter shall not extend to actions brought pursuant to 6 subdivision three, four, or five of this section and any action 7 commenced under this section may be brought in any court of competent 8 jurisdiction, including the supreme court. 9 11. A violation of any of the provisions of subdivision three, four, 10 or five of this section by any officer or employee of any correctional 11 facility, jail, reformatory, or other institution in the state shall 12 constitute sufficient cause for the removal of such employee by the duly 13 constituted authority having jurisdiction. 14 § 9. Subdivision 3 of section 177 of the correction law, as amended by 15 chapter 322 of the laws of 2021, is amended to read as follows: 16 3. However, for the purpose of distributing, marketing or sale of the 17 whole or any part of the product of any correctional facility in the 18 state, other than by said state correctional facilities, to the state or 19 to any political subdivisions thereof or to any public institutions 20 owned or managed and controlled by the state, or by any political subdi- 21 visions thereof, or to any public corporation, authority, or eleemosy- 22 nary association funded in whole or in part by any federal, state or 23 local funds, the sheriff of any such local correctional facility and the 24 commissioner of corrections and community supervision may enter into a 25 contract or contracts which may determine the kinds and qualities of 26 articles to be produced by such institution and the method of distrib- 27 ution and sale thereof by the commissioner of corrections and community 28 supervision or under his or her direction, either in separate lots or in 29 combination with the products of other such institutions and with the 30 products produced by incarcerated individuals in state correctional 31 facilities. Such contracts may fix and determine any and all terms and 32 conditions for the disposition of such products and the disposition of 33 proceeds of sale thereof and any and all other terms and conditions as 34 may be agreed upon, not inconsistent with the constitution or this chap- 35 ter. However, no such contract shall be for a period of more than one 36 year and any prices fixed by such contract shall be [the prices estab-37lished pursuant to section one hundred eighty-six of this article for38like articles or shall be] approved by the [department of corrections39and community supervision] labor board and the director of the budget on 40 presentation to them of a copy of such contract or proposed contract, 41 and provided further that any distribution or diversification of indus- 42 tries provided for by such contract shall be in accordance with the 43 rules and regulations established by the department of corrections and 44 community supervision or shall be approved by such department on presen- 45 tation to it of a copy of such contract or proposed contract. 46 § 10. Section 178 of the correction law, as amended by chapter 322 of 47 the laws of 2021, is amended to read as follows: 48 § 178. Participation in work release and other community activities. 49 Nothing contained in this article shall be construed or applied so as to 50 prohibit private employment of incarcerated individuals in the community 51 under a work release program, or a residential treatment facility 52 program [formulated pursuant to any provision] provided such employment 53 complies with the requirements of this chapter. 54 § 11. Subdivisions 1 and 2 of section 183 of the correction law, 55 subdivision 1 as amended by section 26 of subpart A of part C of chapterA. 7452 9 1 62 of the laws of 2011 and subdivision 2 as added by chapter 464 of the 2 laws of 1981, are amended to read as follows: 3 1. It shall be the duty of the commissioner to distribute, among the 4 correctional institutions under his or her jurisdiction, the labor and 5 industries assigned to said institutions, due regard being had to the 6 location and convenience of the prisons, and of the other institutions 7 to be supplied, the machinery now therein and the number of [prisoners] 8 incarcerated individuals, in order to secure the best service and 9 distribution of the labor, and to employ the [prisoners, so far as prac-10ticable,] incarcerated individuals in occupations in which they will be 11 most likely to obtain employment after their discharge from imprison- 12 ment. The commissioner shall change or dispose of the present plants and 13 machinery in said institutions now used in industries which shall be 14 discontinued, and which can not be used in the industries hereafter to 15 be carried on in said prisons, due effort to be made by full notice to 16 probable purchasers, in case of sales of industries or machinery, to 17 obtain the best price possible for the property sold, and good will of 18 the business to be discontinued. 19 2. The commissioner shall submit reports, quarterly, to the labor 20 board, the senate finance committee, the assembly ways and means commit- 21 tee, and the director of the budget, regarding industries under his or 22 her jurisdiction. Such reports shall include, but not be limited to, 23 the following: 24 (a) all materials, machinery or other property procured, and the cost 25 thereof; 26 (b) all other expenditures and the nature thereof; 27 (c) all receipts and the nature thereof; 28 (d) all inventory on hand at the opening and closing of the quarter; 29 and 30 (e) recommendations regarding the continuance of the program. 31 § 12. Sections 184, 185 and 186 of the correction law are REPEALED. 32 § 13. Section 187 of the correction law, as amended by chapter 322 of 33 the laws of 2021, is amended to read as follows: 34 § 187. Earnings of incarcerated individuals. 1. Every incarcerated 35 individual confined in a [state] correctional facility, [subject to the36rules and regulations of the department of corrections and community37supervision, and every incarcerated individual confined in a local38correctional facility, in the discretion of the sheriff thereof, may] 39 jail, reformatory, or other institution in the state shall receive 40 compensation for work performed during his or her imprisonment. Such 41 compensation shall be graded by the [department of corrections and42community supervision] labor board, with regard to incarcerated individ- 43 uals [employed in prison industries] participating in labor programs, 44 based upon the work performed by such [prisoners for prisoners confined45in state correctional facilities, and by the sheriffs in all local46correctional facilities for incarcerated individuals confined therein] 47 incarcerated individual. 48 2. The [department of corrections and community supervision] labor 49 board shall adopt rules, subject to the approval of the director of the 50 budget, for establishing in all of the state correctional facilities a 51 system of compensation for the incarcerated individuals confined there- 52 in. Such rules shall provide for the payment of compensation to each 53 incarcerated individual[, who] and shall meet the requirements estab- 54 lished by [the department of corrections and community supervision,55based upon the work performed by such incarcerated individuals] this 56 chapter.A. 7452 10 1 3. The [department] labor board shall prepare graded wage schedules 2 for incarcerated individuals, which schedules shall be based upon clas- 3 sifications according to the value of work performed by each and in no 4 instance shall be lower than the minimum wage established by article 5 nineteen of the labor law. Such schedules [need not] shall be uniform in 6 all institutions. [The rules of the department shall also provide for7the establishment of a credit system for each incarcerated individual8and the manner in which such earnings shall be paid to the incarcerated9individual or his or her dependents or held in trust for him or her10until his or her release.114. Any compensation paid to an incarcerated individual under this12article shall be based on the work performed by such incarcerated indi-13vidual. Compensation may be paid from moneys appropriated to the depart-14ment and available to facilities for nonpersonal service.] 15 § 14. Section 189 of the correction law, as amended by chapter 3 of 16 the laws of 1995, is amended to read as follows: 17 § 189. Disposition of moneys paid to [prisoner] incarcerated individ- 18 ual for his or her labor. [1.] The earnings, including any accrued 19 interest, of an incarcerated individual participating in a labor program 20 shall be held by the department in a trust fund account. Such earnings 21 shall not be subject to attachment or garnishment in the hands of the 22 department. The amount of such [compensation] earnings to the credit of 23 any [prisoner] incarcerated individual may be drawn by the [prisoner] 24 incarcerated individual during [his] such individual's imprisonment[,25only upon approval of the commissioner to] for aid to dependent rela- 26 tives [of such prisoner], commissary purchases, or for [such] any other 27 [purposes as the commissioner may approve. Such disbursement to aid a28dependent relative of a prisoner may be made without the consent of such29prisoner upon the certificate of the commissioner of social services, or30other officer performing the duties of a commissioner of welfare, of the31community in which such dependent is located] lawful purpose. Any 32 balance to the credit of any [prisoner] incarcerated individual at the 33 time of his or her conditional release as provided by this chapter shall 34 be subject to the draft of the [prisoner in such amounts and at such35times as the commissioner shall approve] incarcerated individual; 36 provided, however, that at the date of absolute discharge of any [pris-37oner] incarcerated individual the balance as aforesaid shall be paid to 38 such [prisoner] incarcerated individual. 39 § 15. Section 189 of the correction law, as amended by chapter 738 of 40 the laws of 1942, is amended to read as follows: 41 § 189. Disposition of moneys paid to [prisoner] incarcerated individ- 42 ual for his or her labor. The earnings, including any accrued interest, 43 of an incarcerated individual participating in a labor program shall be 44 held by the department in a trust fund account. Such earnings shall not 45 be subject to attachment or garnishment in the hands of the department. 46 The amount of such [compensation] earnings to the credit of any [prison-47er] incarcerated individual may be drawn by the [prisoner] incarcerated 48 individual during [his] such individual's imprisonment[, only upon49approval of the commissioner to] for aid to dependent relatives [of such50prisoner], commissary purchases, or for [such] any other [purposes as51the commissioner may approve. Such disbursement to aid a dependent rela-52tive of a prisoner may be made without the consent of such prisoner upon53the certificate of the commissioner of welfare, or other officer54performing the duties of a commissioner of welfare, of the community in55which such dependent is located] lawful purpose. Any balance to the 56 credit of any [prisoner] incarcerated individual at the time of his orA. 7452 11 1 her conditional release as provided by this chapter shall be subject to 2 the draft of the [prisoner in such amounts and at such times as the3commissioner shall approve] incarcerated individual; provided, however, 4 that at the date of absolute discharge of any [prisoner] incarcerated 5 individual the balance as aforesaid shall be paid to such [prisoner] 6 incarcerated individual. 7 § 16. Section 190 of the correction law, as amended by section 23 of 8 subpart B of part C of chapter 62 of the laws of 2011, is amended to 9 read as follows: 10 § 190. Monthly statement of receipts and expenditures for industries. 11 The warden of each of the state prisons shall, on the first of each 12 month, make a full detailed statement of all materials, machinery or 13 other property procured, and of the cost thereof, and of the expendi- 14 tures made during the last preceding month for manufacturing purposes, 15 together with a statement of all materials then on hand to be manufac- 16 tured, or in process of manufacture, or manufactured, and of machinery, 17 fixtures or other appurtenances for the purpose of carrying on the labor 18 of the [prisoners] incarcerated individual, and the amount and kinds of 19 work done, and the earnings realized, and the total amount of moneys 20 coming into his or her hands as such warden during such last preceding 21 month as the proceeds of the labor of the [prisoners] incarcerated indi- 22 viduals at such prison, which statement shall be verified by the oath of 23 such warden to be just and true, and shall be by him or her forwarded to 24 the department and the labor board. 25 § 17. Subdivisions 2, 3, 4, and 6 of section 200 of the correction 26 law, subdivisions 2, 3, and 4 as amended by chapter 322 of the laws of 27 2021, and subdivision 6 as added by chapter 536 of the laws of 1974, are 28 amended to read as follows: 29 2. In lieu of the system of labor in correctional institutions estab- 30 lished by this article, the [commissioner may] labor board shall, in 31 order to facilitate an incarcerated individual's eventual reintegration 32 into society, establish for the incarcerated individuals in one or more 33 state correctional institutions a system of educational, career and 34 industrial training programs, and of incentive allowances for each such 35 program. Educational, career and industrial training programs shall not 36 include any job or work that is part of a labor program as defined by 37 subdivision thirty-five of section two of this chapter. 38 3. For each institution wherein such system is established the 39 [commissioner] labor board shall prepare, and may at times revise, grad- 40 ed incentive allowance schedules for the incarcerated individuals within 41 each such program based upon the levels of performance and achievement 42 by an incarcerated individual in a program to which he or she has been 43 assigned. Upon the approval of the director of the budget such schedules 44 or revisions thereof may be promulgated. 45 4. The [commissioner] labor board shall also provide for the estab- 46 lishment of a credit system for each incarcerated individual and the 47 manner in which incentive allowances shall be paid to the incarcerated 48 individual or his or her dependents or held in trust for him or her 49 until his or her release. The amount of incentive allowed to the credit 50 of any incarcerated individual shall be disposed of as provided by 51 section one hundred eighty-nine of this article. 52 6. [Except as otherwise provided by this section, those provisions of53law dealing with labor in state correctional institutions shall apply to54industrial training in state correctional institutions including the55disposition of services rendered and products produced incidental to56such industrial training.] All health and safety protections required toA. 7452 12 1 be provided to employees under federal and state labor law shall be 2 provided to incarcerated individuals engaged in educational, career and 3 industrial training programs. 4 § 18. Paragraph a of subdivision 2 of section 162 of the state 5 finance law is REPEALED and paragraphs b, c, d, e, and f are relettered 6 paragraphs a, b, c, d, and e. 7 § 19. Subdivision 3 of section 162 of the state finance law, as added 8 by chapter 83 of the laws of 1995, paragraphs a and b as amended by 9 section 164 of subpart B of part C of chapter 62 of the laws of 2011, is 10 amended to read as follows: 11 3. Public list of services and commodities provided by preferred 12 sources. 13 a. By December thirty-first, nineteen hundred ninety-five, the commis- 14 sioner, in consultation with the commissioners of [corrections and15community supervision,] the office of children and family services, the 16 office of temporary and disability assistance, mental health and educa- 17 tion, shall prepare a list of all commodities and services that are 18 available and are being provided as of said date, for purchase by state 19 agencies, public benefit corporations or political subdivisions from 20 those entities accorded preference or priority status under this 21 section. Such list may include references to catalogs and other descrip- 22 tive literature which are available directly from any provider accorded 23 preferred status under this section. The commissioner shall make this 24 list available to prospective vendors, state agencies, public benefit 25 corporations, political subdivisions and other interested parties. Ther- 26 eafter, new or substantially different commodities or services may only 27 be made available by preferred sources for purchase by more than one 28 state agency, public benefit corporation or political subdivision after 29 addition to said list. 30 b. After January first, nineteen hundred ninety-six, upon the applica- 31 tion of [the commissioner of corrections and community supervision,] the 32 commissioner of the office of children and family services, the office 33 of temporary and disability assistance, the commissioner of mental 34 health or the commissioner of education, or a non-profit-making facili- 35 tating agency designated by one of the said commissioners pursuant to 36 paragraph e of subdivision [six] five of this section, the state 37 procurement council may recommend that the commissioner: (i) add commod- 38 ities or services to, or (ii) in order to insure that such list reflects 39 current production and/or availability of commodities and services, 40 delete at the request of a preferred source, commodities or services 41 from, the list established by paragraph a of this subdivision. The coun- 42 cil may make a non-binding recommendation to the relevant preferred 43 source to delete a commodity or service from such list. Additions may be 44 made only for new services or commodities, or for services or commod- 45 ities that are substantially different from those reflected on said list 46 for that provider. The decision to recommend the addition of services or 47 commodities shall be based upon a review of relevant factors as deter- 48 mined by the council including costs and benefits to be derived from 49 such addition and shall include an analysis by the office of general 50 services conducted pursuant to subdivision [six] five of this section. 51 Unless the state procurement council shall make a recommendation to the 52 commissioner on any such application within one hundred twenty days of 53 receipt thereof, such application shall be deemed recommended. In the 54 event that the state procurement council shall deny any such applica- 55 tion, the commissioner or non-profit-making agency which submitted such 56 application may, within thirty days of such denial, appeal such denialA. 7452 13 1 to the commissioner of general services who shall review all materials 2 submitted to the state procurement council with respect to such applica- 3 tion and who may request such further information or material as is 4 deemed necessary. Within sixty days of receipt of all information or 5 materials deemed necessary, the commissioner shall render a written 6 final decision on the application which shall be binding upon the appli- 7 cant and upon the state procurement council. 8 c. The list maintained by the office of general services pursuant to 9 paragraph a of this subdivision shall be revised as necessary to reflect 10 the additions and deletions of commodities and services approved by the 11 state procurement council. 12 § 20. Subparagraph (iii) of paragraph a of subdivision 4 of section 13 162 of the state finance law is REPEALED. 14 § 21. Subparagraphs (i) and (ii) of paragraph a, subparagraphs (i), 15 (ii) and (iii) of paragraph b and paragraph c of subdivision 4 of 16 section 162 of the state finance law, subparagraph (i) of paragraph a as 17 amended by section 164 of subpart B of part C of chapter 62 of the laws 18 of 2011, subparagraph (ii) of paragraph a as amended by chapter 91 of 19 the laws of 2023, subparagraphs (i) and (ii) of paragraph b and para- 20 graph c as added by chapter 83 of the laws of 1995, and subparagraph 21 (iii) of paragraph b of subdivision 4 as amended by chapter 430 of the 22 laws of 1997, are amended to read as follows: 23 (i) When commodities are available, in the form, function and utility 24 required by a state agency, public authority, commission, public benefit 25 corporation or political subdivision, said commodities must be purchased 26 first from [the correctional industries program of the department of27corrections and community supervision] approved charitable non-profit- 28 making agencies for the blind; 29 (ii) When commodities are available, in the form, function and utility 30 required by, a state agency or political subdivision or public benefit 31 corporation having their own purchasing agency, and such commodities are 32 not available pursuant to subparagraph (i) of this paragraph, said 33 commodities shall then be purchased from [approved charitable non-pro-34fit-making agencies for the blind] a qualified non-profit-making agency 35 for other severely disabled persons, a qualified special employment 36 program for mentally ill persons, or a qualified veterans' workshop, 37 provided, however, the preferred source shall perform fifty percent or 38 more of the work; 39 (i) state agencies or political subdivisions or public benefit corpo- 40 rations having their own purchasing agency shall make reasonable efforts 41 to provide a notification describing their requirements to those 42 preferred sources, or to the facilitating entity identified in paragraph 43 e of subdivision [six] five of this section, which provide the required 44 services as indicated on the official public list maintained by the 45 office of general services pursuant to subdivision three of this 46 section; 47 (ii) if, within ten days of the notification required by subparagraph 48 (i) of this paragraph, one or more preferred sources or facilitating 49 entities identified in paragraph e of subdivision [six] five of this 50 section submit a notice of intent to provide the service in the form, 51 function and utility required, said service shall be purchased in 52 accordance with this section. If more than one preferred source or 53 facilitating entity identified in paragraph e of subdivision [six] five 54 of this section submits notification of intent and meets the require- 55 ments, costs shall be the determining factor for purchase among the 56 preferred sources;A. 7452 14 1 (iii) if, within ten days of the notification required by subparagraph 2 (i) of this paragraph, no preferred source or facilitating entity iden- 3 tified in paragraph e of subdivision [six] five of this section indi- 4 cates intent to provide the service, then the service shall be procured 5 in accordance with section one hundred sixty-three of this article. If, 6 after such period, a preferred source elects to bid on the service, 7 award shall be made in accordance with section one hundred sixty-three 8 of this article or as otherwise provided by law. 9 c. For the purposes of commodities and services produced by special 10 employment programs operated by facilities approved or operated by the 11 office of mental health, facilities within the office of mental health 12 shall be exempt from the requirements of subparagraph (i) of paragraph a 13 of this subdivision. When such requirements of the office of mental 14 health cannot be met pursuant to subparagraph (ii) [or (iii)] of para- 15 graph a of this subdivision, or paragraph b of this subdivision, the 16 office of mental health may purchase commodities and services which are 17 competitive in price and comparable in quality to those which could 18 otherwise be obtained in accordance with this article, from special 19 employment programs operated by facilities within the office of mental 20 health or other programs approved by the office of mental health. 21 § 22. Subparagraph (ii) of paragraph a of subdivision 4 of section 162 22 of the state finance law, as added by chapter 83 of the laws of 1995, is 23 amended to read as follows: 24 (ii) When commodities are available, in the form, function and utility 25 required by, a state agency or political subdivision or public benefit 26 corporation having their own purchasing agency, and such commodities are 27 not available pursuant to subparagraph (i) of this paragraph, said 28 commodities shall then be purchased from [approved charitable non-pro-29fit-making agencies for the blind] a qualified non-profit-making agency 30 for other severely disabled persons, a qualified special employment 31 program for mentally ill persons, or a qualified veterans' workshop 32 provided, however, the preferred source shall perform fifty percent or 33 more of the work; 34 § 23. Subdivision 5 of section 162 of the state finance law is 35 REPEALED and subdivisions 6, 7, 8, and 9 are renumbered subdivisions 5, 36 6, 7 and 8. 37 § 24. The opening paragraph and paragraph a of subdivision 5 of 38 section 162 of the state finance law, as amended by chapter 565 of the 39 laws of 2022 and as renumbered by section twenty-three of this act, is 40 amended to read as follows: 41 Prices charged by agencies for the blind, other disabled and veterans' 42 entity, and the department of corrections and community supervision. 43 a. [Except with respect to the correctional industries program of the44department of corrections and community supervision, it] It shall be the 45 duty of the commissioner to determine, and from time to time review, the 46 prices of all commodities and to approve the price of all services 47 provided by the department of corrections and community supervision and 48 preferred sources as specified in this section offered to state agen- 49 cies, political subdivisions or public benefit corporations having their 50 own purchasing office. The commissioner's price review and approval 51 shall not be required for any purchases below one hundred thousand 52 dollars. 53 § 25. Subparagraph 9 of paragraph a of subdivision 3 of section 139-j 54 of the state finance law, as amended by chapter 265 of the laws of 2013, 55 is amended to read as follows:A. 7452 15 1 (9) Any communications relating to a governmental procurement made 2 under section one hundred sixty-two of the state finance law undertaken 3 by (i) the non-profit-making agencies appointed pursuant to paragraph e 4 of subdivision [six] five of section one hundred sixty-two of the state 5 finance law by the commissioner of the office of children and family 6 services, the commission for the blind, or the commissioner of educa- 7 tion, and (ii) the qualified charitable non-profit-making agencies for 8 the blind, and qualified charitable non-profit-making agencies for other 9 severely disabled persons as identified in subdivision two of section 10 one hundred sixty-two of this chapter; provided, however, that any 11 communications which attempt to influence the issuance or terms of the 12 specifications that serve as the basis for bid documents, requests for 13 proposals, invitations for bids, or solicitations of proposals, or any 14 other method for soliciting a response from offerers intending to result 15 in a procurement contract with a state agency, the state legislature, 16 the unified court system, a municipal agency or local legislative body 17 shall not be exempt from the provisions of this paragraph; provided, 18 however, that nothing in this subdivision shall be construed as recog- 19 nizing or creating any new rights, duties or responsibilities or abro- 20 gating any existing rights, duties or responsibilities of any govern- 21 mental entity as it pertains to implementation and enforcement of 22 article eleven of this chapter or any other provision of law dealing 23 with the governmental procurement process, and that nothing in this 24 subdivision shall be interpreted to limit the authority of a govern- 25 mental entity involved in a government procurement by exercise of an 26 oversight function from providing information to offerers regarding the 27 status of the review, oversight, or approval of a governmental procure- 28 ment that has been submitted to or is under review by that governmental 29 entity; 30 § 26. Subparagraph (G) of the second undesignated paragraph of subdi- 31 vision (c) of section 1-c of the legislative law, as amended by chapter 32 265 of the laws of 2013, is amended to read as follows: 33 (G) Any activity relating to governmental procurements made under 34 section one hundred sixty-two of the state finance law undertaken by (i) 35 the non-profit-making agencies appointed pursuant to paragraph e of 36 subdivision [six] five of section one hundred sixty-two of the state 37 finance law by the commissioner of the office of children and family 38 services, the commission for the blind, or the commissioner of educa- 39 tion, and (ii) the qualified charitable non-profit-making agencies for 40 the blind, and qualified charitable non-profit-making agencies for other 41 severely disabled persons as identified in subdivision two of section 42 one hundred sixty-two of the state finance law; provided, however, that 43 any attempt to influence the issuance or terms of the specifications 44 that serve as the basis for bid documents, requests for proposals, invi- 45 tations for bids, or solicitations of proposals, or any other method for 46 soliciting a response from offerers intending to result in a procurement 47 contract with a state agency, the state legislature, the unified court 48 system, a municipal agency or local legislative body shall not be exempt 49 from the definition of "lobbying" or "lobbying activities" under this 50 subparagraph; 51 § 27. Severability clause. If any clause, sentence, paragraph, subdi- 52 vision, section or part of this act shall be adjudged by any court of 53 competent jurisdiction to be invalid, such judgment shall not affect, 54 impair, or invalidate the remainder thereof, but shall be confined in 55 its operation to the clause, sentence, paragraph, subdivision, section 56 or part thereof directly involved in the controversy in which such judg-A. 7452 16 1 ment shall have been rendered. It is hereby declared to be the intent of 2 the legislature that this act would have been enacted even if such 3 invalid provisions had not been included herein. 4 § 28. This act shall take effect immediately; provided, however, that 5 the amendments to section 189 of the correction law made by section 6 fourteen of this act shall be subject to the expiration and reversion of 7 such section pursuant to subdivision h of section 74 of chapter 3 of the 8 laws of 1995, as amended, when upon such date the provisions of section 9 fifteen of this act shall take effect; provided further, however, that 10 the amendments to subparagraph (ii) of paragraph a of subdivision 4 of 11 section 162 of the state finance law made by section twenty-one of this 12 act shall be subject to the expiration and reversion of such subpara- 13 graph pursuant to section 2 of chapter 91 of the laws of 2023, as 14 amended, when upon such date the provisions of section twenty-two of 15 this act shall take effect; provided further, that the amendments to 16 section 139-j of the state finance law made by section twenty-five of 17 this act shall not affect the repeal of such section and shall be deemed 18 repealed therewith.
