State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title25 > Chapter13

CHAPTER 13 - CORRECTIONAL INDUSTRIES PROGRAM

 

25-13-101. Definitions.

 

(a) As used in this act:

 

(i) "Advisory board" or "board" means thecorrectional industries advisory board created by W.S. 25-13-102;

 

(ii) "Department" means the department of corrections;

 

(iii) "Inmate" means a person serving a felony sentencein a state correctional facility;

 

(iv) "State correctional facility" means the Wyomingstate penitentiary, the Wyoming women's center or any penitentiary honor farmor camp;

 

(v) "This act" means W.S. 25-13-101 through25-13-107.

 

25-13-102. Correctional industries advisory board.

 

(a) There is created the correctional industries advisoryboard. The board shall consist of seven (7) members appointed by the governor.Members shall serve a three (3) year term provided that of the initial board,two (2) members shall be appointed for a one (1) year term, two (2) members fortwo (2) year terms and three (3) members for three (3) year terms. Membership onthe board shall include representatives of organized labor, business, thecriminal justice system and the educational community. The director of thedepartment of corrections and the director of the department of employment, ortheir designees, shall serve as ex officio nonvoting members of the board.

 

(b) The governor may remove any member of the board as providedby W.S. 9-1-202.

 

(c) Vacancies on the advisory board shall be filled byappointment for the unexpired term.

 

(d) Members of the advisory board shall not receivecompensation for their services, but when actually engaged in the performanceof their duties shall receive travel expenses, per diem and mileage expenses inthe same manner and amount as employees of the state.

 

(e) The department shall provide staff services as the advisoryboard requires to carry out its duties.

 

(f) The advisory board shall recommend to the governor and tothe department policies for correctional industries programs designed to:

 

(i) Offer inmates meaningful employment, work experience andtraining in vocations that are specifically designed to reduce recidivism andthereby enhance public safety by providing opportunities for legitimate meansof livelihood upon the inmate's release from custody;

 

(ii) Provide industries which will reduce the tax burden ofcorrections and save taxpayers money through production of goods and servicesfor sale and use;

 

(iii) Provide for the effective and efficient operation ofcorrectional work programs which are as similar as possible to those providedby the private sector;

 

(iv) Encourage the development of and provide for the selectionof, contracting for, and supervision of work programs with participatingprivate enterprise firms; and

 

(v) Provide advice regarding the use of available funds incorrectional industries enterprises and meaningful work programs that will notresult in the displacement of employed workers, be applied in skills, crafts ortrades in which there is adequate gainful labor in the locality or impair existingcontracts for services.

 

(g) The advisory board shall annually review and report to thegovernor and joint judiciary interim committee the performance of thecorrectional industries program within the department.

 

25-13-103. Correctional industries account.

 

(a) There is created the correctional industries account. Thedepartment shall deposit in the account all monies collected under W.S.25-13-107(b)(iii) and all other revenues or profits that accrue from theoperation of the correctional industries program created by this act until theaccount balance reaches five million dollars ($5,000,000.00). Annually, on July1, monies within the account in excess of five million dollars ($5,000,000.00)shall be credited to the general fund as reimbursement to the state for costsof incarceration. Interest on funds in the account shall remain in the account.

 

(b) Monies in the account shall be appropriated only forexpenses related to the establishment, operation and enhancement of thecorrectional industries program and vocational programs at state correctionalfacilities.

 

25-13-104. Agreements with private employers; leases.

 

The department, in consultation with thecorrectional industries advisory board, may establish programs for theemployment of inmates by private employers and enter into agreements withprivate employers under which the employer owns, constructs, leases to or fromthe department or otherwise establishes facilities to manufacture or processgoods or conduct any other business, commercial or agricultural enterprise andemploy inmates from a correctional facility. Facilities established under thissection may be located within or outside the exterior boundaries of a statecorrectional facility property. Construction of facilities by privateemployers under this section shall not be subject to competitive bidrequirements applicable to construction by the state. Inmate labor may be usedpursuant to W.S. 7-16-202 for construction of facilities that occurs within theexterior boundaries of a state correctional facility property under thissection.

 

25-13-105. Voluntary employment.

 

An inmate may be employed under this actonly on a voluntary basis and only after the inmate has been informed of allconditions of employment.

 

25-13-106. Application of other laws.

 

(a) The employer shall contribute to the state worker'scompensation fund at the appropriate rate calculated by the worker'scompensation division for the work being performed.

 

(b) A nongovernmental enterprise operating on any correctionalfacility premises under this act is subject to all laws and rules otherwisegoverning the operation of similar private enterprises in this state.

 

25-13-107. Compensation of employed inmates; payment and disposition.

 

(a) Any agreement entered into between the department and aprivate employer under this act shall provide that an employed inmate shall bepaid wages at a rate which is not less than that paid for work of a similarnature in the locality in which the work is performed.

 

(b) The compensation of an inmate employed under this act shallbe surrendered to the department and shall be distributed in the followingorder:

 

(i) Fifteen percent (15%) of the inmate's gross compensationunder the program to the inmate's personal savings account within thecorrectional facility's trust and agency account, until the inmate's accounthas a balance of up to two thousand five hundred dollars ($2,500.00). Once theinmate's personal savings account balance reaches two thousand five hundreddollars ($2,500.00), this fifteen percent (15%) shall be distributed to theinmate as provided by W.S. 7-16-205(a). Funds in the inmate's personal savingsaccount shall be paid to the inmate upon parole or final discharge;

 

(ii) Twenty percent (20%) of the inmate's gross compensationunder the program to be distributed to the inmate as provided by W.S.7-16-205(a);

 

(iii) Deduction for federal income taxes, medicare and socialsecurity appropriate to the gross amount of the inmate's compensation under theprogram;

 

(iv) Fifteen percent (15%) of the remaining amount to the crimevictims compensation account created by W.S. 1-40-114;

 

(v) If the inmate is not obligated to pay child support, theremaining amount to the correctional industries account pursuant to W.S.25-13-103(a), to reduce the cost otherwise associated with providing the inmatewith room and board;

 

(vi) If the inmate is obligated for existing child supportobligations, pursuant to state statute or court order, including all supportobligations issued pursuant to W.S. 20-2-102, the remainder of the inmate'scompensation under the program, shall be distributed toward the child supportobligation up to the amount ordered. If the existing child support obligationis less than the remainder of the inmate's compensation under the program, thedifference between the actual amount of the child support obligation and theremainder of the inmate's compensation under the program shall be distributedto the correctional industries account pursuant to W.S. 25-13-103(a), to reducethe cost otherwise associated with providing the inmate with room and board;

 

(vii) The department shall provide all inmates employed underthis act with the forms necessary for the filing of a petition for supportunder W.S. 20-2-102 and shall honor new or existing court orders for support upto the amount ordered, including those orders issued pursuant to a petition forsupport filed under W.S. 20-2-102.

 

(c) The department shall develop the necessary administrativestructure to recover inmates' wages and keep records of the amount inmates payfor the costs of incarceration.

 

(d) The earnings of inmates under this act are not subject togarnishment, attachment or execution either in the hands of the employer, thedepartment or any agent authorized to hold and transmit the earnings.

 

(e) If a provision of this act relating to the payment ordisbursement of compensation to inmates employed in a correctional industriesprogram conflicts with any other provision of title 27 of the Wyoming Statutes,the provision of this act controls.