Relates to prohibiting involuntary employment of prisoners; provides that no prisoner 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 serious harm or physical restraint.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3142
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 prohibit-
ing 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.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
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:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
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.