CHAPTER 6. GENERAL PROVISIONS CONCERNING OFFENDER EMPLOYMENT
IC 11-10-6
Chapter 6. General Provisions Concerning Offender Employment
IC 11-10-6-1
Industry and farm product advisory council; establishment; duties;meetings, membership
Sec. 1. (a) There is hereby established an industry and farmproduct advisory council to assist the department in determining theneed for products, the estimated volume or number of units required,pricing policies, and other matters relating to sales or promotion ofsuch products manufactured or produced within the correctionalsystem. The commissioner shall inform the council each year of theestimated number of offenders required to be employed at eachinstitution during the year by the department and the offender workschedules for industry and farm production. With data furnished bythe department, the council shall recommend to the commissioner anannual sales and production plan for all industry and farm programs.The council shall study and advise in such other areas or matters asmay be referred by the commissioner or the administrator in chargeof industry and farm programs.
(b) The council shall meet annually or at such other times as thecommissioner considers necessary. The council is composed of thefollowing members:
(1) the commissioner, who shall be chairman;
(2) the commissioner of the department of administration;
(3) the state budget director;
(4) the administrator in charge of the industry and farmprograms, who shall act as secretary of the council; and
(5) the commissioner, at his discretion, may appoint two (2)persons who are major users of industry and farm products orwho represent the general public.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-6-2
Industry and farm programs; establishment and administration;recycling programs
Sec. 2. (a) The department shall establish, maintain, and operateindustry and farm programs for offenders designed to equip theparticipant with a marketable skill which will provide to theparticipant a means of earning a livelihood upon the participant'sreturn to the community. The department shall appoint anadministrator who is the chief executive officer of the industry andfarm programs. The commissioner or the administrator in charge ofthe industry and farm programs shall be responsible for planning,coordination, operation, and employment and supervision ofpersonnel of the industry and farm programs at the correctionalinstitutions. The programs may include:
(1) the production, manufacture, raising, or processing of anyproduct or item for use or sale by the department;
(2) entering into contractual agreements and other arrangements
with other state agencies or political subdivisions for theemployment of offenders, including employment involving theconservation and improvement of the natural resources ofIndiana or its political subdivisions; and
(3) the employment, to the extent that is practical within theindustry and farm programs, of those offenders who havereceived specialized vocational training by the department.
(b) The department shall examine the feasibility of, and, ifreasonably achievable, develop programs for:
(1) the production of products using recycled materials; or
(2) processing waste materials.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.10-1990,SEC.10.
IC 11-10-6-3
Duties and opportunities of confined persons
Sec. 3. (a) A confined person may be required to keep his ownliving quarters clean and orderly.
(b) A confined offender may be required to:
(1) perform general maintenance work and assist in providingother services essential to the administration of the facility orprogram; and
(2) work in a business, commercial, industrial, or agriculturalenterprise operated by the department.
(c) A confined offender may not be denied the opportunity toparticipate in educational, training, or voluntary employmentprograms solely because of compulsory work.
(d) If an offender is eligible for an offender reentry administrativeaccount under IC 11-10-15, at least ten percent (10%) and not morethan twenty percent (20%) of the offender's gross earnings earnedunder subsection (b)(2) shall be deposited in the offender's reentryadministrative account.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.104-2009,SEC.1.
IC 11-10-6-4
Repealed
(Repealed by P.L.49-1997, SEC.86.)
IC 11-10-6-5
Sale of goods in open market
Sec. 5. Goods produced in whole or in part by committed personsin this state may be sold on the open market.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-6-6
Industry and farm products revolving fund; establishment; review;revenues
Sec. 6. The industry and farm products revolving fund is herebyestablished. The state budget agency shall annually review the
revolving fund for the purpose of determining whether the currentlevel is adequate to meet the expenditures required to sustainoffender employment programs, and shall report to the state budgetcommittee its recommendations regarding any changes in the amountof the fund. All revenues derived from the sale of goods produced ormanufactured by the department, from the lease of farm land andappurtenances operated by the department's industry and farmprogram, or from the employment of offenders by other stateagencies or political subdivisions shall be paid into the fund to beexpended in the manner provided by law.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980,P.L.88, SEC.1.
IC 11-10-6-7
Industry and farm products revolving fund; request for allocation;records; annual budget
Sec. 7. The department shall:
(1) request the state budget agency to allocate, as needed, fundsfrom the revolving fund for the cost of operating thedepartment's industry and farm programs for offenderemployment;
(2) keep complete records showing all transactions in such amanner as to be able to prepare at the end of each fiscal year, anoperating statement for each industry and farm programoperated by the department; the department shall also preparean annual consolidated operating statement for all industry andfarm programs; and
(3) prepare, prior to the beginning of each fiscal year, an annualbudget of proposed expenditures for industry and farmprograms, including expenditures for offender compensation;this annual budget shall be submitted to the state budget agencyfor approval, and no expenditure in excess of this approvedbudget may be made without the approval of the state budgetagency.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-6-8
Industry and farm products revolving fund; excess cash assets;remaining cash assets
Sec. 8. Any cash assets in excess of one million five hundredthousand dollars ($1,500,000) remaining in the industry and farmproducts revolving fund at the close of any fiscal year shall be paidinto a special fund to be used for capital expenditures for thedepartment or support of the industry and farm products revolvingfund. The cash assets remaining in the revolving fund at the close ofany fiscal year shall include and be limited to all items of cash lessthe total amount of all accounts payable including all of theunliquidated obligations which appear as a matter of record in theoffice of the auditor of state.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.149-1983,
SEC.1.
IC 11-10-6-9
Advances for purchasing materials, supplies, or equipment used inmanufacturing or processing goods
Sec. 9. Upon the request of a state department, agency, orinstitution and with the approval of the state budget agency, fundsappropriated to that department, agency, or institution for goods tobe furnished by the department of correction may be wholly orpartially advanced to the offender employment revolving fund toassist in purchasing materials, supplies, or equipment used inmanufacturing or processing those goods.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-6-10
Claims for payment for supplies and services furnished bycorrectional facilities to programs
Sec. 10. Claims for payment for supplies and services furnishedby the correctional facilities to the industry and farm programsduring the applicable accounting period in the operation of offenderemployment programs established in those facilities shall bepresented to the department. These claims shall be itemized and, ifallowed, shall be paid from the industry and farm products revolvingfund. No part of the revolving fund shall be used for the purpose ofpaying the salaries of employees and offenders, other than those whoare engaged in the administration and operation of an industry andfarm program.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-6-11
Contract for management of program or activity operated foremployment of offenders
Sec. 11. The department may contract with private persons orbusinesses, or governmental agencies and political subdivisions ofthe state, for the management of any industry and farm program oractivity operated for the employment of offenders.
As added by Acts 1979, P.L.120, SEC.3.