ALBANY, N.Y. – A new bill introduced in the New York State Assembly would allow incarcerated individuals over age 62 who have served at least five years of their sentence to retire from mandatory prison work and receive a small monthly stipend in return.
Assembly Bill 45, sponsored by Assemblyman Chris Burdick (D-Westchester), amends Section 187 of the state’s Correction Law to create an optional retirement program for elderly inmates. The measure, which mirrors Senate Bill 5038, was prefiled for the 2025–2026 legislative session and referred to the Assembly Committee on Correction.
Under the proposal, eligible inmates could opt out of work or programming assignments and receive a $30 monthly retirement stipend. The Department of Corrections and Community Supervision (DOCCS) would be required to notify all eligible individuals of their right to retire. Prisoners who decline the stipend could continue working but would retain the option to retire later with 30 days’ written notice.
The bill’s justification notes that older inmates often remain required to work and participate in programs despite age-related limitations, health issues, or lack of outside financial support. Burdick argues that providing a modest stipend would help elderly prisoners afford basic necessities, such as hygiene items and clothing, without forcing them to work until they are physically unable. “Older prisoners should be able to buy basic necessities without having to work until they are completely incapacitated,” the bill memo states, comparing the benefit to the early retirement option available through Social Security for individuals outside prison.
The legislation clarifies that inmates participating in required parole programs must still complete them, but those waiting for program openings may stop working until a slot becomes available.
The measure carries an undetermined fiscal impact and would take effect one year after becoming law, with DOCCS authorized to establish rules and regulations before implementation.
New York lawmakers consider proposal granting inmates over 62 the option to retire from prison work and receive a $30 monthly stipend.
