Senate Bill No. 2

Introduced By holden

A Bill for an Act entitled: "An Act generally revising, clarifying, and consolidating the laws governing work programs for inmates; authorizing the use of inmate labor for the repair and maintenance of REMOVAL OF LITTER AND GRAFFITI FROM property and equipment of institutions; AUTHORIZING THE USE OF INMATE LABOR FOR THE REMOVAL OF LITTER FROM THE PROPERTY OF INSTITUTIONS, public roads, and public parks; providing for securing inmates while performing work; ALLOWING THE DEPARTMENT OF CORRECTIONS TO DONATE SURPLUS FOOD GROWN OR PRODUCED TO CERTAIN ENTITIES; amending sections 53-1-301, 53-1-304, 53-30-111, 53-30-131, AND 53-30-132, and 53-30-141, MCA; and providing an effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 53-1-301, MCA, is amended to read:

"53-1-301.   Permitted institutional industries, -- powers of departments, and incentive pay to inmates department. (1) Except as provided in subsection (4), the department of corrections or the The department of public health and human services may:

(a)  establish industries in institutions that will result in the production or manufacture of products and the rendering of services as that may be needed by any department or agency of the state or any political subdivision of the state, by any agency of the federal government, by any other states or their political subdivisions, or by nonprofit organizations and that will assist in the rehabilitation of residents in institutions;

(b)  obtain federal certification of specific prison industries programs in order to gain access to interstate markets for prison industries products;

(c)  contract with private industry for the sale of goods or components manufactured or produced in shops under its jurisdiction and for the employment of inmates in federally certified prison industries programs;

(d)(c)  print catalogs describing goods manufactured or produced by institutions and distribute the catalogs;

(e)(d)  fix the sale price for goods produced or manufactured at institutions. Prices may not exceed prices existing in the open market for goods of comparable quality.

(f)(e)  require institutions to purchase needed goods from other institutions or from prison industries;

(g)(f)  provide for the repair and maintenance of property and equipment of institutions by residents of institutions;

(h)  provide for construction projects, up to the aggregate sum of $25,000 per project, performed by residents of institutions, except when the construction work is covered by a collective bargaining agreement;

(i)(g)  provide for the repair and maintenance at an institution of furniture and equipment of any state agency;

(j)  provide for the manufacture at an institution of motor vehicle license plates and other related articles;

(k)(h)  sell manufactured or agricultural products and livestock on the open market; and

(l)  provide for the manufacture at an institution of highway, road, and street marking signs for the use of the state or any of its political subdivisions, except when the manufacture of the signs is in violation of a collective bargaining contract;

(m)(i)  pay an inmate or a resident of an institution from receipts from the sale of products produced or manufactured or services rendered in a program in which the inmate or resident is working;

(n)  collect 15% of the net wages paid to an inmate employed in a federally certified prison industries program for deposit in the Montana crime victims compensation and assistance account established under 53-9-109; and

(o)  collect from an inmate employed in a federally certified prison industries program charges for room and board consistent with charges established by the director for inmates assigned to prerelease centers.

(2) (a) Except as provided for in subsection (2)(b), payment for the performance of work may be based on the following criteria:

(i)  knowledge and skill;

(ii) attitude toward authority;

(iii) physical effort;

(iv) responsibility for equipment and materials; and

(v)  regard for safety of others.

(b)  The maximum rate of pay must be determined by the appropriation established for each program, except that an inmate employed in a federally certified prison industries program must be paid at a rate not less than the rate paid for similar work in the locality where the inmate performs the work.

(3)  Premiums for workers' compensation and occupational disease coverage must be paid by the prison industries program or by the department of corrections. If the department of corrections pays the premium, reimbursement for premium payments for workers' compensation and occupational disease coverage must be made to the department of corrections by the private company contracting with the federally certified prison industries program for services and products.

(4)  Except as provided in subsection (5), furniture made in the prison may be purchased by state agencies in accordance with the procurement provisions under Title 18, chapter 4. All other prison-made furniture may be sold only through licensed wholesale or retail furniture outlets or through export firms for sale to international markets.

(5)  Any state institution, facility, or program operated by the department of corrections may purchase prison-made furniture without complying with the procurement provisions under Title 18, chapter 4."

Section 2.  Section 53-1-304, MCA, is amended to read:

"53-1-304.   Supervision of industries program. The industries program must be supervised by the director of the department of corrections or of the department of public health and human services or the director's designated representative, provided that the administration of the industries program is separate from the administration of any institution where the program may be located."

Section 3.  Section 53-30-111, MCA, is amended to read:

"53-30-111.   Clothing and money furnished on discharge or parole. The state prison shall furnish suitable clothing to a discharged or paroled inmate. An inmate discharged and delivered to the custody of the federal government or another state shall must receive $5. All other discharged or paroled inmates may receive "gate money" in an amount up to $100. The department of corrections may establish rules that allow it to deduct up to one-fourth of an inmate's wages earned under 53-1-301 53-30-131 53-30-132 and hold that money in a special account to be disbursed to the inmate when the inmate is discharged or paroled. This amount is in addition to the "gate money"."

SECTION 4.  SECTION 53-30-131, MCA, IS AMENDED TO READ:

"53-30-131.   Prison industries training program -- purpose and scope. (1) In addition to any institutional prison CORRECTIONAL FACILITY industry operated at the Montana state prison under Title 53, chapter 1, part 3, the department of corrections shall conduct a prison industries training program.

(2)  The purpose of the prison industries training program is to:

(a)  provide innovative and progressive inmate reformation and rehabilitation possibilities by exposing inmates to worthwhile training;

(b)  prepare inmates for release by providing industries at the prison that utilize their skills, thus providing experience beyond mere training, inculcating inmates with good production and work habits, and providing them with a means to earn money that will be available to them upon release.

(3)  The prison industries training program consists of vocational training, on-the-job training, and production experience. The department may contract with public and private vocational education entities to provide this training.

(4)  The program may provide training and experience involving cultivation, production, repair, construction, refurbishment, service, and related processes involving personal property, including but not limited to such items as crops, livestock, furniture, office and electrical equipment, and motor vehicles. The products and services, with the exception of livestock and agricultural products produced from the Montana state prison ranch and products or services of a federally certified prison industries program, may be provided only to state agencies, local government units, school districts, authorities, and other governmental entities.

(5) THE DEPARTMENT MAY DONATE SURPLUS FOOD GROWN OR PRODUCED AT THE PRISON TO LOCAL FOOD BANKS, NONPROFIT ORGANIZATIONS, AND LOW-INCOME PERSONS."

Section 5.  Section 53-30-132, MCA, is amended to read:

"53-30-132.   Inmate participation and status in prison work programs -- prison industries AND VOCATIONAL training program -- wages and benefits. (1) The department of corrections may:

(a)  establish prison industries that will result in the production or manufacture of products and the rendering of services that may be needed by any department or agency of the state or any political subdivision of the state, by any agency of the federal government, by any other states or their political subdivisions, or by nonprofit organizations and that will assist in the rehabilitation of inmates in institutions;

(b)  obtain federal certification of specific prison industries programs in order to gain access to interstate markets for prison industries products;

(c)  contract with private industry for the sale of goods or components manufactured or produced in shops under its jurisdiction and for the employment of inmates in federally certified prison industries programs;

(d)  print catalogs describing goods manufactured or produced by prison industries and distribute the catalogs;

(e)  fix the sale price for goods produced or manufactured by prison industries. Prices may not exceed prices existing in the open market for goods of comparable quality.

(F) REQUIRE A CORRECTIONAL FACILITY TO PURCHASE NEEDED GOODS FROM OTHER CORRECTIONAL FACILITIES;

(G) PROVIDE FOR THE REPAIR AND MAINTENANCE OF PROPERTY AND EQUIPMENT OF INSTITUTIONS BY INMATES;

(f)(G)(H)  provide for the repair and maintenance of REMOVAL OF LITTER AND GRAFFITI FROM property and equipment of institutions AND THE REMOVAL OF LITTER FROM THE PROPERTY OF INSTITUTIONS, public roads, and public parks by inmates;

(g)(H)(I)  provide for construction projects, up to the aggregate sum of $25,000 a project, performed by inmates, except when the construction work is covered by a collective bargaining agreement;

(h)(I)(J)  provide for the repair and maintenance by prison industries of furniture and equipment of any state agency;

(i)(J)(K)  provide for the manufacture by prison industries of motor vehicle license plates and other related articles;

(j)(K)(L)  sell manufactured or agricultural products and livestock on the open market;

(k)(L)(M)  provide for the manufacture by prison industries of highway, road, and street marking signs for the use of the state or any of its political subdivisions, except when the manufacture of the signs is in violation of a collective bargaining contract;

(l)(M)(N)  pay an inmate from receipts from the sale of products produced or manufactured or services rendered in a program in which the inmate is working;

(m)(N)(O)  collect 15% of the net wages paid to an inmate employed in a federally certified prison industries program for deposit in the Montana crime victims compensation and assistance account established under 53-9-109; and

(n)(O)(P)  collect from an inmate employed in a federally certified prison industries program charges for room and board consistent with charges established by the director for inmates assigned to prerelease centers.

(2)  Except as provided in subsection (3), furniture made in the prison may be purchased by state agencies in accordance with the procurement provisions under Title 18, chapter 4. All other prison-made furniture may be sold only through licensed wholesale or retail furniture outlets or through export firms for sale to international markets.

(3)  Any state institution, facility, or program operated by the department of corrections may purchase prison-made furniture without complying with the procurement provisions under Title 18, chapter 4.

(1)(4)  While engaged in on-the-job training and production, inmates not employed in a federally certified prison industries program may be paid a wage commensurate with their production function IN ACCORDANCE WITH SUBSECTION (5). Wages must be established at a rate that encourages efficient production and effective levels of inmate participation. Inmates employed in a federally certified prison industries program must be paid as provided in 53-1-301(2) subsection (5).

(5) (a) Except as provided for in subsection (5)(b), payment for the performance of work may be based on the following criteria:

(i)  knowledge and skill;

(ii) attitude toward authority;

(iii) physical effort;

(iv) responsibility for equipment and materials; and

(v)  regard for safety of others.

(b)  The maximum rate of pay must be determined by the appropriation established for the program, except that an inmate employed in a federally certified prison industries program must be paid at a rate not less than the rate paid for similar work in the locality where the inmate performs the work.

(6)  Premiums for workers' compensation and occupational disease coverage FOR FEDERALLY CERTIFIED PRISON INDUSTRIES PROGRAMS must be paid by the prison industries program or by the department of corrections. If the department of corrections pays the premium, reimbursement for premium payments for workers' compensation and occupational disease coverage must be made to the department of corrections by the private company contracting with the federally certified prison industries program for services and products.

(2)(7)  Inmates not working in a federally certified prison industries training program are not employees, either public or private, and employment rights accorded other classes of workers do not apply to the inmates. Inmates working in a federally certified prison industry program are entitled to coverage and benefits as provided in 39-71-744.

(3)(8)  Able-bodied persons committed to the A Montana state prison as adult offenders must be required to perform work as provided for by the department of corrections, INCLUDING THE MANUFACTURE OF PRODUCTS OR THE RENDERING OF SERVICES. In order to ensure the public safety, the department may secure inmates performing work."

Section 6.  Section 53-30-141, MCA, is amended to read:

"53-30-141.   Extension of limits of confinement. (1) The department of corrections may extend the limits of confinement of the Montana state prison for purposes of housing outside the prison fence inmates who:

(a)  are employed in ranch or agricultural industry programs, OR programs for the repair and maintenance of public roads, or public park maintenance programs REMOVAL OF LITTER AND GRAFFITI FROM PROPERTY AND EQUIPMENT OF INSTITUTIONS, PUBLIC ROADS, AND PUBLIC PARKS; and

(b)  have demonstrated sufficient reliability and trustworthiness.

(2)  Housing units outside the confines of the prison fence may be created by renovation of existing buildings or by the erection of modular-type units and associated facilities on the prison ranch.

(3)  For the purpose of expediting the acquisition and construction of housing units authorized in subsection (2), the department of administration may exempt the project from provisions of Montana law relating to the employment of architects, advertising, labor, and wages. The department of administration need not comply with any state bidding requirements that would preclude a sole source purchase."

NEW SECTION. Section 6.  Effective date. [This act] is effective July 1, 1997.

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