NCJ Number
46043
Date Published
1977
Length
273 pages
Annotation
AN OVERVIEW OF PRISON INDUSTRY STATUTES, RELEVANT COURT DECISIONS, AND THE STATE STATUTES THEMSELVES IS PROVIDED FOR COLORADO, CONNECTICUT, GEORGIA, ILLINOIS, MINNESOTA, PENNSYLVANIA, AND WASHINGTON. FEDERAL STATUTES ARE CITED.
Abstract
THE FOCUS OF THIS STATUTORY SEARCH IS PRISON INDUSTRIES AS THEY EXIST AND OPERATE IN THE SEVEN SELECTED STATES. STATUTES PERTAINING TO THE AUTHORITY GRANTED TO PRISON ADMINISTRATORS AND PERTAINING TO THE LEGISLATIVE DIRECTIONS AND PROSCRIPTIONS REGARDING THE EMPLOYMENT OF PRISONERS ARE CITED. STATUTORY PROVISIONS RELATING TO PRISON LABOR IN GENERAL ARE INCLUDED, AS ARE THOSE ENACTED SPECIFICALLY FOR THE DESIGN OF PRISON INDUSTRY SYSTEMS. BOTH STATE AND FEDERAL COURT DECISIONS ARE PROVIDED IN ORDER TO SUGGEST A JUDICIAL RESPONSE TO INNOVATIONS IN PRISON INDUSTRY OPERATIONS SHOULD LEGISLATIVE AMENDMENTS TO EXISTING STATUTES BE MADE. AN EXAMINATION OF THE STATUTORY PROVISIONS INDICATES THAT PRISONERS ARE REQUIRED TO WORK IN EACH OF THE CORRECTIONAL SYSTEMS REVIEWED. AGRICULTURAL LABOR AND ROAD WORK, AS WELL AS EMPLOYMENT IN PRISON INDUSTRIES, ARE PERMITTED IN MOST OF THE STATES. MANUAL LABOR IS EMPHASIZED BY IMPLICATION IN ALL STATES EXCEPT MINNESOTA. PENNSYLVANIA EXPRESSLY FORBIDS THE USE OF PRISONERS IN WORK REQUIRING SKILLED LABOR. DESPITE THE STATUTORY LANGUAGE ARTICULATING REHABILITATIVE PURPOSE, THIS REVIEW INDICATES THAT THE PRIMARY BENEFIT TO BE DERIVED FROM THE ESTABLISHMENT OF PRISON INDUSTRIES FALLS TO THE STATE. CONTRACTS WITH PRIVATE PARTIES FOR PRISON LABOR ARE USUALLY FORBIDDEN, ALTHOUGH CONTRACTS WITH POLITICAL SUBDIVISIONS MAY BE AUTHORIZED. ALL SEVEN STATES ADHERE TO THE TRADITIONAL POLICY THAT PRISON LABOR SHOULD NOT COME INTO COMPETITION WITH PRIVATE SECTOR EFFORTS. SIX STATES FORBID THE SALE OF PRISONER-MADE PRODUCTS ON THE OPEN MARKET. MINNESOTA, PENNSYLVANIA, AND WASHINGTON REQUIRE THAT PRISON PRODUCTS BE MARKED AS SUCH. PRISONER COMPENSATION FOR LABOR IN PRISON INDUSTRIES IS REQUIRED TO BE SUBSTANTIALLY BELOW THE MINIMUM WAGE IN EACH STATE, AND THE DISBURSEMENT OF SUCH MONIES IS LEFT TO THE DISCRETION OF PRISON ADMINISTRATORS. A REVIEW OF CASE LAW IN THE VARIOUS STATES INDICATES A JUDICIAL RELUCTANCE TO INTERFERE IN MATTERS INVOLVING PRISON ADMINISTRATION. STATE COURTS HAVE HELD THAT THE STATE IS ENTITLED TO THE LABOR OF PRISONERS AND THAT COMPENSATION IS NOT REQUIRED. ONLY WHERE THERE IS CLEAR ABUSE WILL THE COURTS INTERVENE. THE FEDERAL COURTS TOO HAVE HESITATED TO SUBSTITUTE JUDICIAL DETERMINATION FOR ADMINISTRATIVE EXPERIENCE AND SKILL IN MANAGING PRISON AFFAIRS. SUCH A POLICY OF NONINTERVENTION IS VIEWED AS DESIRABLE IN ORDER THAT PRISON OFFICIALS RETAIN THE FLEXIBILITY NECESSARY TO MAINTAIN ADEQUATE INTERNAL DISCIPLINE. GRAPHIC AND TABULAR DATA ARE PROVIDED. FOR OTHER VOLUMES IN THIS SERIES. SEE NCJ-45627, 46041-46042 AND 4604446046. 46044-46046.