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:

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

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Made Goods" is hereby amended to read as follows:

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

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

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

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

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commodities and services.

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

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

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

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

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

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

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

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

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work currently obtained within the state.

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

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

 

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

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

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

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hereby amended by adding thereto the following sections:

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

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

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program involving the use of inmate labor for private industry.

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

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

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

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

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

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

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

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

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

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

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

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

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their employment.

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

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

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

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

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

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

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

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

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

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disabilities.

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

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workers, and shall not impair existing contracts for services.

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

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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

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

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inmates who participate in these programs.

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

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

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     13-7-3.2. Rules and regulations.

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

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

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     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

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

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

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

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

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

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

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programs.

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     This act would take effect upon passage.

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