Provides that the legislature may provide by law that prisoners may voluntarily perform work for nonprofit organizations

3 Co-sponsors

• Ruben Diaz
• Hiram Monserrate
• Dale M. Volker

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 3 of the constitution, in relation to allowing that the legislature may allow prisoners to voluntarily perform work for nonprofit organizations

Purpose or general idea of bill

The bill authorizes the legislature to, by law, allow state and local correctional facilities to let inmates work for non-profit organizations.

Summary of specific provisions

Section 1 of the bill amends section 24 of article 3 of the New York State Constitution to authorize the legislature to pass legislation to allow inmates confined in state and local correctional facilities to perform work for non-profit organizations.

Justification

The correction law currently allows inmates to perform work for the state and public institutions but does not allow them to provide work for non-profit organizations. Current law is limited because section 24 of article 3 of the New York State Constitution forbids the "farming out, contracting, giving away or selling of convict labor." However, many localities have requested that an exemption be made for nonprofit organizations who are often underfunded and do not have the resources to adequately maintain their property. Allowing inmate work crews to provide labor to these organizations will help fill the gap in funding and could give inmates a sense of "giving back" to the community.

Since this bill only gives the legislature authority to pass a law allowing inmates to work for non-profits, enacting legislation will be necessary. Such enacting legislation could include restrictions on which inmates are eligible to perform such work in the interests of public safety.

Prior legislative history

A.8583 - Passed Both Houses in 2007

Fiscal implications

None.

Effective date

Resolved (if the Senate concur), that the foregoing amendment be submitted to the people for approval at the general election to be held in the year 2009 in accordance with the provisions of the election law.