What's happening
This bill proposes a constitutional amendment to prohibit involuntary labor by prisoners in New York State facilities.
Why it matters
Directly addresses the longstanding practice of compelled prison labor by explicitly banning any form of forced work for incarcerated individuals, even if threats, coercion, or fear of harm are used rather than just physical force.
Changes the power dynamic between the state and incarcerated people by making prison labor truly voluntary, which could impact prison operations, budgets, and the rehabilitation model.
Narrows the scope of allowed prison labor to genuine voluntary work for nonprofit organizations, with clear definitions and safeguards to prevent exploitation or manipulation.
Removes previous legal language that permitted prisoner labor for state agencies or political divisions, signaling a fundamental shift in how the state may utilize incarcerated individuals' labor.
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Who cares
People serving sentences in prisons and jails
The proposed constitutional amendment would prohibit compelling their labor through force, threats of punishment or legal coercion, or schemes that threaten harm or restraint.
State and local correctional officials
The amendment would remove the constitutional directive for the Legislature to provide prisoner employment and prohibit coercive labor practices.
State agencies, local governments and public institutions
The amendment would delete the express constitutional provision allowing prisoners to work for them and allowing them to receive products of prison labor.
Religious, charitable and educational nonprofits
The amendment would retain the Legislature’s authority to allow prisoners to work voluntarily for qualifying nonprofits while adding explicit protections against compelled labor.
Headline styles
End Forced Prison Labor
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End Forced Prison Labor
In Assembly Committee · Judiciary · Sponsor Harvey Epstein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6781
2019-2020 Regular Sessions
IN SENATE
October 18, 2019
Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 24 of article 3 of the constitution, in relation to prohibiting involuntary employment of prisoners
Section 1. Resolved (if the Assembly concur), That section 24 of article 3 of the constitution be amended to read as follows:
§ 24. [The legislature shall, by law, provide for the occupation and employment of prisoners sentenced to the several state prisons, penitentiaries, jails and reformatories in the state; and no] No person in any [such] state prison, penitentiary, jail or reformatory, shall be required or allowed to work, while under sentence thereto, at any trade, industry or occupation, wherein or whereby his or her work, or the product or profit of his or her work, shall be farmed out, contracted, given or sold to any person, firm, association or corporation, provided that the legislature may provide by law that such prisoners may voluntarily perform work for nonprofit organizations provided that no person shall be compelled to provide labor against his or her will by actual force, threats of force, threats of punishment, threats of legal coercion or by any scheme, plan or pattern intended to cause the person to believe that, if such person did not provide such labor that such person or another person would suffer physical, emotional or mental harm or physical restraint. As used in this section, the term "nonprofit organization" means an organization operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. [This section shall not be construed to prevent the legislature from providing that convicts may work for, and that the products of their labor may be disposed of to, the state or any political division thereof, or for or to any public institution owned or managed and controlled by the state, or any political division thereof.]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89143-02-9
S. 6781 2
§ 2. Resolved (if the Assembly concur), That the foregoing be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 24 of article 3 of the constitution, in relation to prohibiting involuntary employment of prisoners
Purpose or general idea of bill
To allow persons incarcerated in a New York State prison the right to refuse to work while incarcerated.
Summary of provisions
Incarcerated persons in NYS prisons shall not be compelled to work against their will and shall not be threatened with punishment or harm if they refuse to work.
Justification
The 13th Amendment of the U.S. Constitution ended slavery and involun- tary servitude except as punishment for a crime. Thus, while forced labor is outlawed in free society in the United States, it is allowed to proliferate in our prisons and jails. Incarcerated individuals should not be compelled to work against their will. They should be able to freely accept or deny work.
Prior legislative history
New bill.
Fiscal implications for state and local governments
To be determined
Effective date
Resolution should be referred to first regular legislative session meet- ing after the next general State Assembly and Senate elections, in conformity with section 1 of article 19 of the constitution and be published for 3 months previous to the time of such election.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.