05 LC 22
5676
House
Bill 58
By:
Representatives Powell of the
29th
and Rice of the
51st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
enact the "Working Against Recidivism Act"; to provide a short title and
legislative findings; to amend Chapters 1, 5, and 10 of Title 42 of the Official
Code of Georgia Annotated, relating respectively to general provisions relative
to penal institutions, state and county correctional institutions, and
correctional industries, so as to authorize work programs employing inmates as
voluntary, paid labor for privately owned profit-making employers producing
goods, services, or goods and services for sale to public or private purchasers
under certain circumstances; to provide for rules and regulations; to provide
for federal certification and state operation of such programs; to provide for
compensation for state costs and use of state resources; to provide for
compliance with federal law; to provide for determinations by the Georgia
Department of Labor as to whether inmates would be displacing other workers,
whether labor shortages exist, and the prevailing local wage for work to be done
by inmates; to authorize the Georgia Correctional Industries Administration to
use inmate labor to provide services and to operate an inmate post-release work
placement program; to provide for related matters; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Working Against Recidivism
Act."
SECTION
2.
The
General Assembly finds and declares that:
(1)
Many persons sentenced to confinement for criminal offenses commit additional
criminal offenses after release from confinement, and such recidivism is a
serious danger to public safety and a major source of expense to the state;
(2) Under the appropriate conditions and limitations, work programs of
voluntary labor by inmates of state and county correctional institutions for
privately owned profit-making employers to produce goods, services, or goods and
services for sale to public or private purchasers provide substantial public
benefits by:
(A)
Providing job experience and skills to participating inmates;
(B)
Allowing participating inmates to accumulate savings available for their use
when released from the correctional institution;
(C)
Lowering recidivism rates;
(D)
Generating taxes from inmate income;
(E)
Reducing the cost of incarceration by enabling participating inmates to pay room
and board; and
(F)
Providing participating inmates income to pay fines, restitution, and family
support;
(3)
Appropriate conditions and limitations for voluntary labor by inmates for such
work programs include but are not limited to:
(A)
Assurance that
inmateś
work is voluntary;
(B)
Payment of inmates at the local prevailing wage for such work in the locality;
(C)
Provision of governmental benefits to participating inmates comparable to
governmental benefits provided for noninmate workers;
(D)
Selection of participating inmates with careful attention to security issues;
(E)
Appropriate supervision of inmates during travel or employment outside the
correctional institution;
(F)
Assurance that inmates are not displacing other workers and are employed only in
the event of genuine labor shortages;
(G)
Consultations with local private employers that may be economically impacted;
and
(H)
Consultations with local labor unions and other local employee groups,
especially those who have an interest in the trade or skill to be performed by
the inmates; and
(4)
Requirements for the federal Prison Industry Enhancement Certification Program
authorized by 18 U.S.C. Section 1761 and federal regulations are sufficient to
ensure appropriate conditions and limitations in many areas of concern for
programs of voluntary labor by inmates for privately owned profit-making
employers to produce goods, services, or goods and services for sale to public
and private purchasers.
SECTION
3.
Chapter
1 of Title 42 of the Official Code of Georgia Annotated, relating to general
provisions relative to penal institutions, is amended in Code Section 42-1-5,
relating to use of inmates for private gain, by striking in its entirety
subsection (d) and inserting in its place the following:
"(d)
This Code section shall not apply to:
(1)
Work on private property because of natural disasters;
(1.1)
Work on private property as a form of victim compensation in accordance with
Chapter 15A of Title 17;
(2)
Work or other programs or releases which have the prior approval of the board or
commissioner of corrections;
(3)
Community service work programs;
or
(4)
Work-release
programs.;
or
(5)
Work programs authorized by Article 6 of Chapter 5 of this
title."
SECTION
4.
Chapter
5 of Title 42 of the Official Code of Georgia Annotated, relating to state and
county correctional institutions, is amended by inserting a new article to be
designated Article 6 to read as follows:
"ARTICLE
6
42-5-120.
(a)
The board is authorized to issue and promulgate rules and regulations for
programs of voluntary labor by inmates for privately owned profit-making
employers to produce goods, services, or goods and services for sale to public
and private purchasers. Such rules and regulations shall be designed to meet the
published requirements of the Prison Industry Enhancement Certification Program
authorized by 18 U.S.C. Section 1761 and federal regulations and to provide
other appropriate conditions and limitations. Such rules and regulations may
provide for administration and management of such work programs by the
department or the Georgia Correctional Industries Administration.
(b)
The rules and regulations for the work programs authorized by this article shall
include but not be limited to rules requiring:
(A)
Assurance that
inmateś
work is voluntary;
(B)
Payment of inmates at the local prevailing wage for such work in the locality;
(C)
Provision of governmental benefits to participating inmates comparable to
governmental benefits provided for noninmate workers;
(D)
Selection of participating inmates with careful attention to security issues;
(E)
Appropriate supervision of inmates during travel and employment outside the
correctional institution;
(F)
Assurance that inmates are not displacing other workers and are employed only in
the event of genuine labor shortages;
(G)
Consultations with local private employers that may be economically impacted;
(H)
Consultations with local labor unions and other local employee groups,
especially those who have an interest in the trade or skill to be performed by
the inmates; and
(I)
Procedures for deductions from inmate wages for taxes, charges for room and
board, family support, and payments to the Georgia Crime Victims Emergency Fund
in compliance with Prison Industry Enhancement Certification Program
requirements.
42-5-121.
The
commissioner shall seek certification under the federal Prison Industry
Enhancement Certification Program authorized by 18 U.S.C. Section 1761 and
federal regulations for programs of voluntary labor by inmates for privately
owned profit-making employers to produce goods, services, or goods and services
for sale to public or private purchasers. After receiving certification, the
board shall operate one or more such programs.
42-5-122.
Any
program for voluntary labor by inmates created in accordance with this article
shall not be subject to the provisions of Code Section 42-5-60 prohibiting
hiring out inmates to private persons, corporations, and businesses conducted
for profit; prohibiting sale of goods, wares, or merchandise manufactured,
produced, or mined by inmates to private persons, firms, associations, and
corporations; and limiting the amount of compensation for inmates.
42-5-123.
The
board shall ensure by rules or by contractual provisions that the privately
owned profit-making employers compensate the department and the Georgia
Correctional Industries Administration for any administrative costs or other
costs incurred by the department or the administration for the operation of the
program or programs. The board shall ensure by rules or by contractual
provisions that the department and the administration are compensated for use of
any employees of the department or the administration, use of any space owned by
or under the control of the department or the administration, or use of any
other resources of the department or the administration in the operation of the
program or programs.
42-5-124.
Following
the issuance and promulgation of rules and regulations, the department is
authorized to publicize the program and invite employers to participate. The
department shall rely upon the Georgia Department of Labor for determining
whether inmates would be displacing other workers, whether labor shortages
exist, and the local prevailing wage for work to be done by inmates. The Georgia
Department of Labor is authorized to provide such determinations to the
department.
42-5-125.
(a)
Every program involving employment of an inmate, convict, or prisoner by a
business operated for profit to manufacture, produce, or mine goods, wares, or
merchandise for transportation in interstate commerce shall become a part of the
programs authorized by this article and shall conform to the rules and
regulations promulgated in accordance with this article.
(b)
This Code section shall not apply to programs for the production of agricultural
commodities, parts for the repair of farm machinery, or goods, wares, or
merchandise manufactured for use by not for profit organizations, the federal
government, the District of Columbia, or by any state or political subdivision
of a state.
(c)
This Code section shall not apply to an inmate, convict, or prisoner serving a
term of supervised release, as described in 18 U.S.C. Section
3583."
SECTION
5.
Chapter
10 of Title 42 of the Official Code of Georgia Annotated, relating to
correctional industries, is amended by striking paragraphs (4) and (5) of Code
Section 42-10-4, relating to the powers of the Georgia Correctional Industries
Administration, and inserting in lieu thereof the following:
"(4)
To have the same powers and authority possessed by the Department of Corrections
in connection with the manufacture and sale of products
and provision
of services;
(5)
To utilize any and all inmates who may be made available for its corporate
purposes by the Department of Corrections. The administration shall not be
required to make any payment to the Department of Corrections for the use of
such labor and shall not compensate inmates employed in any industry or
performing services at any correctional
institution,
except as otherwise provided by Article 6 of Chapter 5 of this
title;"
SECTION
6.
Said
chapter is further amended by striking paragraphs (11) and (12) of Code Section
42-10-4, relating to the powers of the Georgia Correctional Industries
Administration, and inserting in lieu thereof new paragraphs (11), (12), and
(13) to read as follows:
"(11)
To provide training facilities for the prerelease rehabilitation and education
of inmates confined in the state penal system;
and
(12)
To contract with any department, agency, or instrumentality of the state and any
political subdivision thereof for the furnishing of any service which the
Department of Corrections may
provide;
and
(13)
To develop and operate an inmate post-release work placement
program."
SECTION
7.
This
Act shall become effective on July 1, 2005.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.