Res. No. 335

Resolution calling upon the State Legislature to pass and the Governor to sign legislation barring prison labor contracting statewide.

By the Public Advocate (Mr. Williams)

Whereas, New York State vehicle license plates are manufactured at Auburn Correctional Facility by Corcraft Products, the brand name under which New York’s State Department of Corrections and Community Supervision (DOCCS) accepts commercial contracts; and

Whereas, According to Corcraft Products, incarcerated individuals in New York manufacture a variety of products in addition to license plates, including highway signs, classroom furniture, textiles, mattresses, and file cabinets; and

Whereas, In 2019, New York City Comptroller Scott Stringer reported that wages for individuals incarcerated with DOCCS range from $0.32 to $0.39 per hour for skilled work, and even less for unskilled work; and

Whereas, According to the DOCCS Division of Industries, Corcraft Products generates upwards of $50 million annually on prison-labor based contracts; and

Whereas, Nevada, Alaska, Maine and Kansas have effectively banned the exploitative use of prison labor by implementing minimum wage standards for incarcerated workers; and

Whereas, The wage disparity for incarcerated individuals remains in place due to a lack of sufficient labor protections in State law, sanctioning the practice of severely underpaid work; and

Whereas, Just under half of New York State’s prison population derives from New York City, according to the 2019 DOCCS Under Custody Report; and

Whereas, The New York prison system’s failure to offer adequate labor compensation impacts more than 20,000 of New York City’s incarcerated individuals; and

Whereas, According to the Brennan Center for Justice, correctional facilities endorse prison labor as a way to allow incarcerated individuals to pay for basic services during their own incarceration, establishing a “pay-to-stay” system which reflects a prison economy that works to further perpetuate mass incarceration; and

Whereas, Black New Yorkers are overrepresented in the incarcerated population and therefore are disproportionately affected by these policies; the Prison Policy Initiative reported that 53 percent of incarcerated individuals in New York State are Black, while only 16 percent of New York State’s overall population self-identify as Black; and

Whereas, State bill S287/A1643 was introduced in 2021, would establish a minimum wage of only $3.00 an hour for incarcerated individuals working for a nonprofit organization; and

Whereas, The American Civil Liberties Union’s National Prison Project has urged states to move away from their dependency on prison labor, and Director David Fathi has specifically cautioned against allowing a desire for cheap labor to drive prison policy; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the State Legislature to pass and the Governor to sign legislation barring prison labor contracting statewide.

Session 13

AH

LS # 825

01/12/2024

Session 12

AH

LS #825

01/12/2022