00 SENATE BILL NO. 214
01 "An Act authorizing the commissioner of corrections to establish a correctional
02 industries program; establishing a correctional industries board; authorizing the
03 Department of Corrections to receive money from the employment of prisoners; and
04 providing for an effective date."
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
06 * Section 1. AS 33.30.191 (e) is amended to read:
07 (e) The provisions of AS 23 do not apply to the employment of prison inmates
08 under this section.
09 * Sec. 2. AS 33.30 is amended by adding new sections to read:
10 Sec. 33.30.195. Correctional industries program. (a) In addition to entering
11 contracts or cooperative agreements under AS 33.30.191, the commissioner may
12 establish and administer a correctional industries program based on voluntary prisoner
14 (b) Upon approval by the Correctional Industries Board under AS 33.30.196,
01 the commissioner may administer a correctional industries program and may enter into
02 contracts or agreements with public agencies, private organizations, or individuals for
03 the employment of prisoners in the performance of services or the production of
04 articles, materials, or supplies.
05 (c) A contract or agreement with an individual or private organization must
07 (1) payment of compensation to prison inmates under
08 AS 33.30.201(g); and
09 (2) the individual or private organization to comply with the workers'
10 compensation provisions of AS 23.30.
11 (d) The commissioner shall determine the prices that products and services
12 will be sold, based on the approximate fair market value of products and services of
13 comparable quality available from commercial sources and may sell a product or
14 service under this subsection to a public agency, private organization, or individual.
15 (e) In employing prisoners, the department shall comply with federal and state
16 health and safety regulations.
17 (f) Prisoners employed under this section are not state employees nor do they
18 have the rights or privileges given to state employees, including the right to participate
19 in collective bargaining.
20 Sec. 33.30.196. Correctional Industries Board. (a) In addition to the powers
21 and duties under AS 33.30.197, the Correctional Industries Board is established to
22 provide general policy direction to the commissioner when implementing the
23 correctional industries program under AS 33.30.195.
24 (b) The board consists of four members as follows:
25 (1) the commissioner of labor and workforce development or
26 commissioner's designee; and
27 (2) the commissioner of corrections or commissioner's designee; and
28 (3) two representatives of organized labor whom the governor shall
29 appoint from a list of nominees submitted by a labor organization; in this paragraph,
30 "labor organization" means a nationally recognized labor organization, organized for
31 the purpose, in whole or in part, of collective bargaining, dealing with employers
01 concerning grievances, terms or conditions of employment, or of other mutual aid or
02 protection of employees.
03 (c) Members of the board serve staggered three-year terms. A public member
04 appointed under (b)(3) of this section may be removed from office by the governor. If
05 a vacancy occurs, the governor shall appoint a member for the unexpired portion of
06 the term.
07 (d) The board shall elect a chair from among its members by a majority vote.
08 The chair shall serve on a yearly basis.
09 (e) The board shall meet at least quarterly at the call of the chair, at the request
10 of the majority of the members, or at a regularly scheduled time as determined by a
11 majority of the members.
12 (f) The two public members of the board serve without compensation but are
13 entitled to per diem and travel expenses authorized for boards and commissions under
14 AS 39.20.180.
15 (g) The department shall provide staff and administrative support to the board.
16 Sec. 33.30.197. Powers and duties of the board. (a) The board shall monitor
17 the correctional industries program; approve contracts or agreements with public
18 agencies, private organizations, or individuals under AS 33.30.195; and make
19 recommendations as to the advisability of establishing, expanding, or discontinuing
20 the contracts or agreements to enable the program to operate as nearly as possible in a
21 self-supporting manner and to provide diversified work activities for prisoners. In
22 making a recommendation, the board shall consider testimony provided under (b) of
23 this section.
24 (b) The board shall hold public hearings to provide an opportunity for persons
25 or organizations who may be affected by a proposed recommendation of the
26 correctional industries program to present written comments or oral testimony on the
27 proposed recommendation.
28 (c) The board shall keep a record of all meetings and hearings and make these
29 records available for public inspection.
30 * Sec. 3. AS 33.30.201(a) is amended to read:
31 (a) Except as provided in (g) of this section, each [EACH] prisoner who is
01 productively employed, as defined in AS 33.30.191(g)(1), (3), or (4)
02 [AS 33.30.191(g)(1) OR (3) - (5)], may receive for that work compensation at a rate
03 determined by the commissioner under this section [IF THE MONEY IS
04 AVAILABLE FROM LEGISLATIVE APPROPRIATIONS]. Compensation
05 established by the commissioner under this section may not exceed 50 percent of the
06 minimum wage established in AS 23.10.065; however, if required to comply with a
07 federal statute or regulation, a higher compensation may be established by the
09 * Sec. 4. AS 33.30.201(c) is amended to read:
10 (c) The commissioner shall disburse compensation received under (a) and (g)
11 of this section, after any deduction required by (b) and (g) of this section, in the
12 following order of priority:
13 (1) for support of the prisoner's dependents, if any;
14 (2) to pay a restitution or fine of the prisoner ordered by a
15 sentencing court;
16 (3) [(2)] to reimburse the state for compensation awarded under
17 AS 18.67 resulting from the prisoner's criminal conduct;
18 (4) [(3)] to pay a civil judgment resulting from the prisoner's criminal
20 [(4) TO PAY A RESTITUTION OR FINE OF THE PRISONER
21 ORDERED BY A SENTENCING COURT;]
22 (5) for the payment of fees for the prisoner's utilities services under
23 AS 33.30.017;
24 (6) for the purchase of clothing and commissary items for the
25 prisoner's personal use.
26 * Sec. 5. AS 33.30.201(d) is amended to read:
27 (d) A prisoner's compensation remaining after any deductions under (b) and
28 (g) of this section and disbursements under (c) of this section is to be credited to the
29 prisoner and, except as provided in (e) of this section, must be retained by the
30 department for the primary purpose of being available to the prisoner at the time of
31 release. The commissioner shall maintain individual prisoner accounts for those
01 earnings. The commissioner may, however, permit the prisoner to draw on a portion of
02 that money for other purposes that the commissioner considers appropriate.
03 * Sec. 6. AS 33.30.201 is amended by adding a new subsection to read:
04 (g) Each prisoner employed under AS 33.30.195 may receive compensation
05 for work performed at a rate determined by the commissioner. Compensation for work
06 performed under a contract or agreement with an individual or private organization
07 under AS 33.30.195 may not be less than the minimum wage required by
08 AS 23.10.065. The commissioner may deduct the cost of confinement of the prisoner
09 up to the statewide average cost of confinement before disbursements are made under
10 (c) of this section.
11 * Sec. 7. AS 36.30.313 is amended to read:
12 Sec. 36.30.313. Procurements provided through employment of prison
13 inmates. A procurement of products or services provided through the employment of
14 prison inmates under AS 33.30.191 and 33.30.195 may be made without competitive
15 sealed bidding or competitive sealed proposals, in accordance with regulations
16 adopted by the commissioner.
17 * Sec. 8. AS 37.05.146(c) is amended by adding a new paragraph to read:
18 (90) receipts of the Department of Corrections from contracts or
19 agreements under AS 33.30.195.
20 * Sec. 9. AS 41.21.026(f) is amended to read:
21 (f) In addition to the activities, services, and products for which the
22 department may charge or collect a fee under (a) of this section, the department may
23 sell informational, educational, or promotional merchandise. The department shall
24 price merchandise sold under this subsection in a manner that ensures a reasonable
25 monetary return to the state. To the extent practicable, the department shall sell only
26 merchandise produced or manufactured, including printing, screen printing, and
27 embroidery, in the United States that, subject to AS 36.30, is procured from either an
28 Alaska bidder or a person that employs prisoners under AS 33.30.195
29 [AS 33.30.191(b)].
30 * Sec. 10. AS 33.30.191(b) and 33.30.191(g)(5) are repealed.
31 * Sec. 11. This Act takes effect July 1, 2018.