S 439 New York Senate · 2025 Regular Session

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

This bill, known as "the prison wage act," mandates compensation for incarcerated individuals performing labor in state and local correctional facilities. It requires that these individuals be paid at least one-half of the state's minimum wage for any work performed or for which a wage would typically be due. This compensation applies to various types of labor, including general facility work, tasks for nonprofit organizations, and participation in work release programs. Additionally, hourly incentive allowances for educational and training programs must also meet this minimum wage standard.

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 8, 2025 Last action Jan 7, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

S439A → S439B · 6 edits

MODERATE

This bill amends New York's correction law to establish a prison wage act, replacing the previous "minimum wage act" terminology. The changes clarify compensation requirements for incarcerated individuals performing work, including volunteer labor for nonprofits, work release programs, and prison industries. The bill also updates procedural language regarding committee assignments and revises specific sections to ensure consistent compensation standards across different types of incarcerated labor.

Scope change

The bill's scope remains focused on incarcerated individuals in New York state correctional facilities, but clarifies and expands compensation requirements to cover more types of work arrangements including volunteer nonprofit work and specialized facility work on weekends.

DEFINITION

Changed the act's title from "prison minimum wage act" to "prison wage act" throughout the document

REQUIREMENT

Updated compensation references from subdivision four to subdivision five of section 187 for nonprofit volunteer work

Added new provisions allowing incarcerated individuals to work up to eight hours per day in state correctional facilities

Changed language from "may" to "shall" regarding the commissioner's obligation to establish training programs and incentive allowances

Updated compensation language in multiple sections to ensure consistent application across different work arrangements

TECHNICAL

Reorganized committee discharge and recommitment language for procedural clarity

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jan 7, 2026

Committee

REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

upper

May 13, 2025

Committee

REPORTED AND COMMITTED TO FINANCE

upper

Apr 23, 2025

Upper · Passed

PRINT NUMBER 439B

upper

Apr 23, 2025

Upper · Passed

AMEND (T) AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION

upper

Jan 23, 2025

Upper · Passed

PRINT NUMBER 439A

upper

Jan 23, 2025

Upper · Passed

AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION

upper

Jan 8, 2025

Committee

REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

upper

1 primary · 14 co-sponsors