31-251

31-251. Hard labor required of prisoners; labor
classification; definition

A. The director has the authority to require that each able-bodied prisoner under
commitment to the state department of corrections engage in hard labor for not less than
forty hours per week, except that not more than twenty hours per week of participation in
an educational, training or treatment program may be substituted for an equivalent number
of hours of hard labor as prescribed by the director of the state department of
corrections. The director may require retention of earnings for the purposes authorized
by section 31-254.

B. The director shall establish a prisoner labor classification system to insure
that:

1. A prisoner receives work assignments commensurate and compatible with the
condition and limitations of his physical and mental health.

2. No prisoner participates in a work assignment that threatens the safety or
security of the public, the correctional institution or the prisoner.

3. Each prisoner is generally assessed for skills related to the construction and
maintenance of prison facilities.

4. Each prisoner who does not present a risk to the public and who is not limited
by his physical or mental health may be assigned to a work crew.

C. Each prisoner committed to the department shall be classified pursuant to the
prisoner labor classification system established by the director. The director or his
designee shall review and approve each classification of a prisoner that results in
exempting the prisoner from engaging in the hard labor requirements of subsection A of
this section.

D. In this article, "hard labor" means compulsory physical activity for the
attainment of some object other than recreation or amusement but does not include
physical activity that is not within the ability of an individual prisoner.

E. Notwithstanding any other law, no prisoner given a work assignment or required
to perform any labor by the state department of corrections shall be considered an
employee or to be employed by the state or the state department of corrections,
regardless of whether the prisoner is compensated or not, nor shall an employee-employer
relationship exist between the prisoner and the state department of corrections or the
state for any purpose and none of the rights or privileges otherwise accorded to
employees by law shall accrue to such prisoners.