NY A05344

Formerly incarcerated individuals who receive a pardon based on innocence or whose convictions are reversed/vacated on specified grounds are entitled to retroactive compensation adjustment for prison work.

Compensation adjustment shall be calculated as the greater of: current state minimum wage, current industry standard wage for their trade/profession, or their salary equivalent at time of conviction.

Department of Corrections must notify eligible individuals within 90 days of pardon/reversal and remit all adjusted compensation owed within 90 days thereafter, including a detailed accounting of amounts.

Adjusted compensation payments do not diminish any other compensation or awards available under section 8-b of the Court of Claims Act.

Income received from adjusted compensation under this law is exempt from New York State income tax regardless of federal income tax treatment, effective 30 days after enactment.