September 8, 2010, Introduced by Senator CROPSEY and referred to the Committee on Appropriations.
A bill to amend 1968 PA 15, entitled
"Correctional industries act,"
by amending sections 4 and 7 (MCL 800.324 and 800.327), as amended
by 1996 PA 537.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The department of corrections may do any of the
following:
(a) Construct, use, equip, and maintain buildings, machinery,
boilers, and equipment that may be necessary to provide for the
employment of inmate labor in the state correctional institutions
for the manufacture of goods, wares, and merchandise and the
operation of services.
(b) Purchase new material to be used in the manufacture of
goods, wares, and merchandise, and the operation of services.
(c) Dispose of the manufactured products or provide services
in the manner provided by law.
(d) Continue to use and maintain the buildings, machinery,
boilers, and equipment in the manufacture of goods, wares, and
merchandise in the manner in the operation on April 5, 1968 and use
the facilities in the operation of service programs.
(e) Recruit and employ agents and assistants through the
department of civil service as may be necessary to carry out the
purposes of this act and recommend to the department of civil
service classes and selection procedures that recognize the unique
needs of correctional industries in this state.
(f) Establish an advisory council for correctional industries
in this state, which shall include representatives of organized
labor, private industry, state government, and the general public.
(g) Enter into any agreements necessary for assigning inmates
to employment in private manufacturing or service enterprises under
section 7a.
(h) Establish a prison industry enhancement certification
program under 18 USC 1761(c) and enter into any agreements
necessary for assigning prisoners to employment in the private
manufacturing of textiles under a prison industry enhancement
certification program permitted under the prison industry
enhancement certification program. The department may purchase
equipment, raw materials, supplies and other items necessary for
the manufacture of textiles under the prison industry enhancement
certification program and may contract with a private individual,
corporation, partnership, or association for the manufacture of
textiles under the prison industry enhancement certification
program and may sell or exchange those textiles as provided under
section 6(1)(d). Prisoners participating in the prison industry
enhancement certification program shall receive, in connection with
any work performed, wages at a rate which is not less than that
paid for work of a similar nature in the locality in which the work
was performed, except that such wages may be subject to deductions
which shall not, in the aggregate, exceed 80% of gross wages, and
shall be limited as follows:
(i) Taxes, including federal, state, and local taxes.
(ii) Reasonable charges for room and board, as determined by
regulations issued by the director of the department.
(iii) Allocations for support of family pursuant to state
statute, court order, or agreement by the offender.
(iv) Contributions to any fund established by law to compensate
the victims of crime in an amount that is not more than 20% but not
less than 5% of gross wages.
(2) Prisoners participating in the prison industry enhancement
certification program shall participate in that employment
voluntarily and must have agreed in advance to the specific
deductions made from gross wages required under subsection (1)(h)
and all other financial arrangements as a result of participation
in that employment. The use of inmate labor shall not result in the
displacement of employed workers within the local region in which
work of the same or comparable nature is being performed.
Sec. 7. The department of corrections shall provide as fully
as practicable for the employment of inmates in tasks consistent
with the penal and rehabilitative purposes of their imprisonment
and with the public economy. The types of employment shall be as
follows:
(a) Routine maintenance and operation of correctional
institutions.
(b) Educational and rehabilitation activities, whether formal
or through productive or socialized activities, determined on the
basis of individual needs and educability.
(c) Productive or maintenance labor on or in connection with
the institution farms, or other land rented or leased by the
department of corrections, factories, shops, or other available
facilities for the production and distribution of correctional
industries products and services.
(d) Labor assignments on state public works, ways, or
properties when and as requisitioned by the governor or on county,
township, or district roads when requested by the county board of
commissioners
pursuant to section 1 of Act No. 181 of the Public
Acts
of 1911, being section 800.101 of the Michigan Compiled Laws
1911 PA 181, MCL 800.101.
(e) Labor assignments in private manufacturing or service
enterprises established under section 7a.
(f) Labor assignments in connection with manufacture of
products under section 4(h).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1485
of the 95th Legislature is enacted into law.