31-252. Use of prisoners in public works;
cooperative prisoner labor system; definitions


A. The director may enter into a cooperative agreement with any state agency or
political subdivision of this state or any department or agency of the federal government
to provide hard labor by prisoners on public works.


B. The director shall develop and maintain a cooperative prison labor system for
the purpose of establishing plans and procedures for initiating, entering into and
executing contracts pursuant to subsection A. The system shall include procedures
providing for:


1. Facilitation of communication between the department and other state agencies
and political subdivisions regarding the need for and utilization of hard labor by
prisoners on public works.


2. As a condition of every cooperative agreement entered into pursuant to
subsection A, cost sharing between the department and the state agency or political
subdivision for the maintenance of prisoners engaged in work projects outside of a
corrections facility of the department, including transportation, supervision, security,
housing, food and health services.


C. The director may authorize the use of prisoner work crews to participate in
community betterment projects for public and private nonprofit entities. The department
may compensate prisoner work crews from monies appropriated by the legislature for the
work incentive pay program established by the department. Before allowing a prisoner work
crew to participate in a community betterment project, the department shall determine
that the project and the manner of prisoner compensation comply with article IX, section
7, Constitution of Arizona.


D. For purposes of this section:


1. "Community betterment project" means any public or private works project that
uses prisoners and serves to benefit this state in terms of health, safety, welfare or
aesthetics.


2. "Public works" means the maintenance, construction or adaptation of public land
or any building, structure, erection or improvement on public land including roads, flood
control projects and parks.