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Legal Analysis of Correctional Industries, Volume 2 - Part 3 State Law Evaluations

NCJ Number
79285
Author(s)
N Miller
Date Published
1980
Length
111 pages
Annotation
Seven States' laws related to prison industries were examined in terms of their agreement with the free venture model, under which such industries should use businesslike operations, have profit as a goal, and seek postrelease employment of inmate workers.
Abstract
Other specific characteristics of the model include a full work week, inmate wages based upon worker skill and productivity, productivity standards comparable to those in the private sector, and hiring and firing authority exercised by industry personnel. The seven States examined include Colorado, Connecticut, Illinois, Iowa, Minnesota, South Carolina, and Washington. Among findings were that the seven States used a variety of approaches to the authorization of prison industries. The legislation generally established a central prison industry office to which local industry programs reported, instead of making industry operations an adjunct of the warden's historic responsibilities for security and care. Colorado, Connecticut, and Illinois seemed to be the closest to the desired legal framework regarding intake and classification of inmates. No State has legislation dealing with the problem of the effect of prisoner transfers on both industry operations and inmate work rights. Postrelease employment of inmate workers is also rarely addressed in legislation. It was recommended that States undertake comprehensive reviews of the statutory frameworks governing correctional industries to develop explicit statements of purpose, authority, and responsibility; to create the financial structure and incentives appropriate to a business enterprise; and to establish complete compensation plans. The reviews should also modify certain regulatory agencies' involvement with correctional industry and identify laws which aid or hamper business operations. A table, detailed analyses of each State's laws related to correctional industries, and a list of six references are provided.