HCS SB 310(FIN) am H: "An Act relating to the employment of prisoners; and providing for an effective date."
00 HOUSE CS FOR SENATE BILL NO. 310(FIN) am H 01 "An Act relating to the employment of prisoners; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 23.15.580(g) is amended to read: 04 (g) The board shall assess the programs listed in this subsection and make 05 recommendations to the legislature in its report required under (b)(9) of this section 06 about whether to include one or more of these programs under the requirements of (f) 07 of this section: 08 (1) in the Department of Commerce, Community, and Economic 09 Development or operated by the department: 10 (A) local government assistance training and development, 11 including the rural utility business advisory program; 12 (B) energy operations, providing training in management and 13 administration of electric utilities and bulk fuel storage systems; 14 (2) in the Department of Corrections: 15 (A) Correctional Academy, training individuals applying for a
01 correctional officer position; 02 (B) inmate programs, providing vocational technical training 03 and education courses for inmates preparing to be released from a correctional 04 facility; 05 (C) employment of prison inmates [CORRECTIONAL 06 INDUSTRIES PROGRAM], providing inmates with jobs while they are 07 incarcerated; 08 (3) in the Department of Environmental Conservation: 09 (A) remote maintenance worker program, providing training 10 and technical assistance to communities to keep drinking water and sewage 11 disposal systems running, and providing on-the-job training to local operators; 12 (B) water and wastewater operator training and assistance; 13 (C) federal drinking water operator training and certification; 14 (4) in the Department of Military and Veterans' Affairs: educational 15 benefits for members of the Alaska National Guard and the Alaska Naval Militia; 16 (5) in the Department of Public Safety: 17 (A) fire service training to maintain emergency training skills 18 for existing fire fighter staff and volunteers and individuals interested in 19 becoming fire fighters; 20 (B) Public Safety Training Academy, training trooper recruits; 21 (6) in the Department of Transportation and Public Facilities: 22 (A) engineer-in-training program, providing on-the-job training 23 for apprentice engineers to enable them to gain the experience necessary to be 24 certified; 25 (B) statewide transportation improvement program, offered by 26 the United States National Highway Institute; 27 (C) local technical assistance program, transferring technical 28 expertise to local governments; 29 (D) Native technical assistance program, transferring technical 30 expertise to Native governments; 31 (E) border technology exchange program, to coordinate
01 highway issues with the Yukon Territory; 02 (7) in the Department of Labor and Workforce Development: 03 vocational rehabilitation client services and special work projects, employment 04 services, including job development, assisting individuals in finding employment, and 05 assisting employed individuals in finding other employment. 06 * Sec. 2. AS 33.30.191(b) is amended to read: 07 (b) The commissioner may enter into contracts or cooperative agreements with 08 any public agency for the performance of conservation projects. After the effective 09 date of this Act, the [THE] commissioner may enter into a contract with an individual 10 or private organization or public agency for the employment of prisoners if the 11 commissioner consults with local union organizations before contracting and 12 ensures that the contract will not result in the displacement of employed workers, 13 be applied in skills, crafts, or trades in which there is a surplus of available 14 gainful labor in the locality, or impair existing contracts for services. A contract 15 with an individual or private organization must require payment to the 16 commissioner of at least the minimum wage required by AS 23.10.065 for each 17 hour worked by a prisoner. The wage required under the contract, multiplied by 18 the total hours worked by inmates, must be paid weekly, or for another period as 19 required by the contract [WORK TO BE PERFORMED WILL HAVE MINIMAL 20 NEGATIVE IMPACT ON AN EXISTING PRIVATE INDUSTRY OR LABOR 21 FORCE IN THE STATE AS DETERMINED BY THE CORRECTIONAL 22 INDUSTRIES COMMISSION UNDER AS 33.32.015]. 23 * Sec. 3. AS 33.30.191(c) is amended to read: 24 (c) The commissioner may direct a prisoner to participate in a type of 25 productive employment listed in (d)(1) and (4) - (5) [(d)(1) AND (d)(4)-(6)] of this 26 section while the prisoner is confined in a correctional facility. A prisoner who refuses 27 to participate in productive employment inside a correctional facility when directed 28 under this section is subject to disciplinary sanctions imposed in accordance with 29 regulations adopted by the commissioner. 30 * Sec. 4. AS 33.30.191(d) is amended to read: 31 (d) In this section, "productively employed" includes the following kinds of
01 employment: 02 (1) routine maintenance and support services essential to the operation 03 of a correctional facility; 04 (2) education, including both academic and vocational; 05 (3) [INDUSTRIAL, AGRICULTURAL, AND SERVICE 06 ACTIVITIES CONDUCTED IN ACCORDANCE WITH AS 33.32; 07 (4)] public conservation projects, including forest fire prevention and 08 control, forest and watershed enhancement, recreational area development, 09 construction and maintenance of trails and campsites, fish and game enhancement, soil 10 conservation, and forest watershed revegetation; 11 (4) [(5)] renovation, repair, or alteration of existing correctional 12 facilities as permitted by law [AS 44.65.050(d)]; and 13 (5) [(6)] other work performed inside or outside of a correctional 14 facility under (b) of this section [IF THE WORK HAS MINIMAL NEGATIVE 15 IMPACT ON AN EXISTING PRIVATE INDUSTRY OR LABOR FORCE IN THE 16 STATE AS DETERMINED BY THE CORRECTIONAL INDUSTRIES 17 COMMISSION UNDER AS 33.32.015]. 18 * Sec. 5. AS 33.30.191 is amended by adding new subsections to read: 19 (e) In employing prison inmates, the department shall comply with federal and 20 state health and safety regulations, except for providing workers' compensation under 21 AS 23.30. 22 (f) The provisions of AS 23 do not apply to the employment of prison inmates. 23 (g) Prison inmates productively employed under this section are not state 24 employees nor do they have the rights or privileges given to state employees, 25 including the right to participate in collective bargaining. 26 * Sec. 6. AS 33.30.201 is amended to read: 27 Sec. 33.30.201. Compensation [PAY] of prison inmates. Each prisoner who 28 is productively employed, as defined in AS 33.30.191(d)(1) or (3) - (5) 29 [AS 33.30.191(d)(1) OR 33.30.191(d)(3) - (6)], may receive for that work 30 compensation at a rate determined by the commissioner under this section 31 [AS 33.32.050] if the money is available from legislative appropriations.
01 Compensation established by the commissioner under this section may not exceed 02 50 percent of the minimum wage established in AS 23.10.065; however, if 03 required to comply with a federal statute or regulation, a higher compensation 04 may be established by the commissioner [THE PROVISIONS OF AS 33.32.050 05 AND AS 33.32.040(b) APPLY TO PRISONERS EMPLOYED IN THE 06 CORRECTIONAL INDUSTRIES PROGRAM AND TO PRISONERS 07 PRODUCTIVELY EMPLOYED IN ACTIVITIES OUTSIDE THAT PROGRAM]. 08 * Sec. 7. AS 33.30.201 is amended by adding new subsections to read: 09 (b) If compensation established under (a) of this section is 50 percent or more 10 of the minimum wage established in AS 23.10.065, the commissioner may deduct the 11 cost of confinement of the prisoner up to the statewide average cost of confinement 12 before disbursements are made under (c) of this section. 13 (c) The commissioner shall disburse compensation received under (a) of this 14 section, after any deduction required by (b) of this section, in the following order of 15 priority: 16 (1) for support of the prisoner's dependents, if any; 17 (2) to reimburse the state for compensation awarded under AS 18.67 18 resulting from the prisoner's criminal conduct; 19 (3) to pay a civil judgment resulting from the prisoner's criminal 20 conduct; 21 (4) to pay a restitution or fine of the prisoner ordered by a sentencing 22 court; 23 (5) for the payment of fees for the prisoner's utilities services under 24 AS 33.30.017; 25 (6) for the purchase of clothing and commissary items for the 26 prisoner's personal use. 27 (d) A prisoner's compensation remaining after any deductions under (b) of this 28 section and disbursements under (c) of this section are to be credited to the prisoner 29 and, except as provided in (e) of this section, must be retained by the department for 30 the primary purpose of being available to the prisoner at the time of release. The 31 commissioner shall maintain individual prisoner accounts for those earnings. The
01 commissioner may, however, permit the prisoner to draw on a portion of that money 02 for other purposes that the commissioner considers appropriate. 03 (e) If a prisoner escapes, a portion of the retained compensation of the 04 prisoner, as determined by the commissioner, is to be forfeited. The commissioner 05 shall deposit forfeited compensation in the general fund. 06 (f) Except for execution by the state under AS 09.38.030(f), only the prisoner 07 compensation retained by the commissioner under (d) of this section is subject to lien, 08 attachment, garnishment, execution, or similar procedures to encumber money or 09 property. 10 * Sec. 8. AS 36.30.313 is amended to read: 11 Sec. 36.30.313. Procurements provided through employment of prison 12 inmates [CORRECTIONAL INDUSTRIES PROCUREMENTS]. A procurement 13 of products or services provided through [BY] the employment of prison inmates 14 [CORRECTIONAL INDUSTRIES PROGRAM ESTABLISHED] under 15 AS 33.30.191 [AS 33.32] may be made without competitive sealed bidding or 16 competitive sealed proposals, in accordance with regulations adopted by the 17 commissioner. 18 * Sec. 9. AS 37.05.146(c) is amended by adding a new paragraph to read: 19 (81) proceeds from prison employment, including deductions from 20 prisoner wages for cost of confinement under AS 33.30.201(b) and forfeited wages 21 under AS 33.30.201(e). 22 * Sec. 10. AS 36.30.850(b)(36); AS 37.05.146(c)(2); and AS 39.50.200(b)(52) are repealed. 23 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: FORMER CORRECTIONAL INDUSTRIES FUND. The legislature 26 may appropriate the balance on July 1, 2005, of the former correctional industries fund 27 (former AS 33.32.020(a)) to the Department of Corrections as program receipts under 28 AS 37.05.146(c)(81). The commissioner of corrections shall consider all valid claims for 29 payment presented to the former correctional industries fund (former AS 33.32.020(a)) for 30 payment from the program receipts. 31 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION: NONCOVERAGE OF AS 23.30. For the period July 1, 2005, through 03 the day before the effective date of this Act, the provisions of AS 23.30 (Alaska Workers' 04 Compensation Act) do not apply to inmates employed in a prison employment program 05 operated by the Department of Corrections. 06 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 RETROACTIVITY: THE NONCOVERAGE OF AS 23.30. The provisions of sec. 12 09 of this Act apply retroactively to July 1, 2005. 10 * Sec. 14. This Act takes effect immediately under AS 01.10.070(c).