New York 2025-2026 Regular Session

New York Senate Bill S00439

Introduced
1/8/25  
Refer
1/8/25  
Report Pass
5/13/25  

Caption

Enacts "the prison minimum wage act" relating to payment for labor performed by incarcerated individuals.

Summary

Bill S00439, known as "the prison minimum wage act," aims to amend the New York correction law to ensure that incarcerated individuals are compensated for their labor at a rate no less than one-half of the minimum wage. The bill specifically addresses various sections of the correction law, mandating that any work performed by incarcerated individuals, whether for nonprofit organizations or through work release programs, must be compensated accordingly. This legislation seeks to establish a fair wage structure for incarcerated individuals, promoting their dignity and potential reintegration into society.

Impact

If enacted, this bill would significantly alter the compensation framework for incarcerated individuals in New York, aligning their wages more closely with minimum wage standards. This change could impact state correctional facilities and nonprofit organizations that engage incarcerated individuals for labor, potentially leading to increased operational costs for these organizations. Furthermore, it may set a precedent for other states considering similar legislation, thereby influencing broader discussions on prison labor and inmate rights across the country.

Sentiment

The sentiment surrounding Bill S00439 appears to be cautiously optimistic among supporters, who argue that fair compensation for incarcerated individuals is a step towards justice and rehabilitation. However, there are concerns from some lawmakers regarding the potential financial implications for state budgets and correctional facilities, which may lead to a divided opinion on the bill's overall feasibility and impact.

Contention

Notable points of contention include concerns from some legislators about the financial burden this bill may place on state resources and correctional facilities. Supporters argue that fair wages are essential for the dignity of incarcerated individuals and their successful reintegration into society, while opponents worry about the implications for budgets and the operational capacity of correctional institutions. The differing views highlight a broader debate about the ethics of prison labor and the responsibilities of the state towards incarcerated individuals.

Companion Bills

NY A03596

Same As Enacts "the prison wage act" relating to payment for labor performed by incarcerated individuals.

Previously Filed As

NY S02345

Enacts "the prison minimum wage act" relating to payment for labor performed by incarcerated individuals.

NY A03596

Enacts "the prison wage act" relating to payment for labor performed by incarcerated individuals.

NY A10507

Enacts the "living wage for all act" in relation to raising the minimum wage to $30 by January 1, 2030 for large employers and by January 1, 2035 for small employers, and by a percentage based on inflation thereafter, providing for minimum wage requirements for miscellaneous industry workers, and minimum wage for incarcerated individuals working in correctional facilities; repeals provisions of law relating to minimum wage increases.

NY HB2154

Establishing the Prison Industry Enhancement Authority; providing for employment of incarcerated individuals by private industry and for subcontracts with correctional agencies; establishing guidelines for incarcerated individual compensation; and providing for location of private sector prison industry.

NY SB1184

Establishing the Prison Industry Enhancement Authority; providing for employment of incarcerated individuals by private industry and for subcontracts with correctional agencies; establishing guidelines for incarcerated individual compensation; and providing for location of private sector prison industry.

NY AB247

Incarcerated individual hand crew members: wages.

NY HB16

Community service work in lieu of payment of fines and costs; work performed while incarcerated.

NY HB20

Minimum wage; farm laborers or farm employees, temporary foreign workers.

NY SB121

Minimum wage; farm laborers or farm employees, temporary foreign workers.

NY AB799

Prisons: death benefit for incarcerated firefighters.

Similar Bills

CA AB1464

Housing preferences.

CA AB2483

Wildland firefighters: Formerly Incarcerated Firefighter Certification and Employment Program.

CA AB1380

An act to add Chapter 2 (commencing with Section 4960) to Part 4 of Division 4 of the Public Resources Code, relating to wildfires.

CA AB799

Prisons: death benefit for incarcerated firefighters.

CA SB245

Criminal procedure.

NY A10626

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; repeals certain provisions of the state finance law relating to such preferred status.

CA AB247

Incarcerated individual hand crew members: wages.

CA SB1446

Incarcerated persons: release and parole.