2019 -- H 6105

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LC002386

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PRISONER MADE

GOODS

     Introduced By: Representatives Tobon, Barros, Slater, Diaz, and Solomon

     Date Introduced: May 10, 2019

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 13-7-3 of the General Laws in Chapter 13-7 entitled "Prisoner

Made Goods" is hereby amended to read as follows:

     13-7-3. Vocational training opportunities -- Production of goods or services.

     (a) The director of the department of corrections may establish within any of the

institutions under his or her control vocational training programs, and programs for the actual

manufacture, assembly, repair, fabrication, servicing, and production of commercially saleable

commodities and services.

     (b) The director or his or her designee may permit private persons, firms, or corporations,

to establish and maintain the training and production activities within any of the institutions under

his or her management and control, upon any terms and conditions that the director shall approve.

     (c) In Except as provided in § 13-7-3.1, in respect to the actual production of goods or

services, as distinct from training programs, the director or his or her designee shall cause the

inmates who participate in those programs to be paid by any private person, firm, or corporation,

the minimum wage then and there prevailing in this state, and shall attempt, so far as may be

feasible and practicable, to cause the inmates to be paid the prevailing wage for similar types of

work currently obtained within the state.

     (d) The director or his or her designee is authorized, if he or she deems it necessary, to

waive workers' compensation coverage, temporary disability insurance coverage, and other types

of fringe benefits in respect to inmates who participate in these programs.

     (e) No inmate shall be required to participate in any program without his or her consent.

     SECTION 2. Chapter 13-7 of the General Laws entitled "Prisoner Made Goods" is

hereby amended by adding thereto the following sections:

     13-7-3.1. Program for inmate labor in private industry.

     (a) The director of the department of corrections, (the "director"), shall establish a

program involving the use of inmate labor for private industry.

     (b) The director may enter into contracts with Rhode Island based companies that are

utilizing services outside of the United States to manufacture, complete or otherwise produce

products, goods or wares that could be produced in this state by inmates. These contractual

agreements may include rental or lease agreements for state buildings or portions thereof on the

grounds of any institution or facility of the department of correction, (the "department"), and for

any real property needed for reasonable access to and egress from any state building for the

purpose of establishing and operating a factory for the manufacturing and processing of goods,

wares or merchandise or the provision of service or any other business or commercial enterprise

deemed by the director to enhance the general welfare of the inmate population.

     (c) Any medium security inmate sentenced to a prison term of five (5) years or more shall

be eligible to participate in the program at the discretion of the director. An inmate may

participate only on a voluntary basis and only after they have been informed of the conditions of

their employment.

     (d) Inmates participating in the program shall be paid the federal minimum wage, and if

practicable, the prevailing wage for similar types of work currently obtained within the state.

     (e) Any wages up to the maximum allowed by department policy shall be deposited into

the inmate's commissary account. Any wages earned in excess of the maximum allowed by

department policy shall be deposited into a restricted account managed by the department of

human services to offset the costs of monies received by the inmate's family. In the event that the

inmate does not have any family receiving welfare, food stamps, social security or other public

benefits by any name, the excess funds earned shall be utilized by the department of human

services to fund programs for United States military veterans, homeless individuals, or those with

disabilities.

     (f) Inmate participation in the program shall not result in the displacement of employed

workers, and shall not impair existing contracts for services.

     (g) Nothing in this section shall be deemed to restore in whole or in part the civil rights of

any inmate. No inmate compensated for participation in the program shall be considered to be an

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employee of the state, and the director or designee is authorized to waive workers' compensation

coverage, temporary disability insurance coverage, and other types of fringe benefits in respect to

inmates who participate in these programs.

     (h) The provisions of this section shall not apply to any articles, materials or products

manufactured or produced by institutional inmates pursuant to § 13-7-7.

     13-7-3.2. Rules and regulations.

     The department of corrections may issue reasonable rules and regulations consistent with

this chapter, as are necessary to carry out the intent, purpose and implementation of this chapter.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PRISONER MADE

GOODS

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     This act would establish an additional prisoner made goods program that would permit

the director of the department of corrections to contract with Rhode Island based companies that

ship goods out of the United States for production, and would allow inmates to be paid the federal

minimum wage to manufacture and produce those goods, products and wares in Rhode Island.

Wages earned would be, consistent with department policy, deposited into the inmate's

commissary account and the excess would be managed by the department of human services to

set off costs of monies received by the inmate's family or, if none, to fund social service

programs.

     This act would take effect upon passage.

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