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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CALTAGIRONE, BELFANTI, BOYD, CARROLL, DALEY, J. EVANS, JOSEPHS, KULA, MAHONEY, McGEEHAN, MELIO, READSHAW, SANTONI, SIPTROTH, STABACK, THOMAS, YOUNGBLOOD, SWANGER AND MURPHY, APRIL 22, 2010 |
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| REFERRED TO COMMITTEE ON JUDICIARY, APRIL 22, 2010 |
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| AN ACT |
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1 | Amending Title 61 (Penal and Correctional Institutions) of the |
2 | Pennsylvania Consolidated Statutes, establishing the Prison |
3 | Industry Enhancement Authority; providing for employment of |
4 | prisoners by private industry and for subcontracts with |
5 | correctional agencies; establishing guidelines for prisoner |
6 | compensation; and providing for location of private sector |
7 | prison industry. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Title 61 of the Pennsylvania Consolidated |
11 | Statutes is amended by adding a chapter to read: |
12 | CHAPTER 19 |
13 | PRISON INDUSTRY ENHANCEMENT AUTHORITY |
14 | Sec. |
15 | 1901. Scope of chapter. |
16 | 1902. Intent. |
17 | 1903. Definitions. |
18 | 1904. Prison Industry Enhancement Authority. |
19 | 1905. Powers and duties of authority. |
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1 | 1906. Cooperation with private industry. |
2 | 1907. Minimum requirements of private sector prison industry. |
3 | 1908. Wages and deductions. |
4 | 1909. Administrative support. |
5 | 1910. Immunities not waived. |
6 | 1911. Civil actions. |
7 | 1912. Construction of chapter. |
8 | 1913. Monetary limitations. |
9 | § 1901. Scope of chapter. |
10 | This chapter relates to the Prison Industry Enhancement |
11 | Authority. |
12 | § 1902. Intent. |
13 | It is the intent of the General Assembly that joint ventures |
14 | between correctional facilities and private industry be |
15 | established so that prisoners incarcerated in correctional |
16 | facilities be productively engaged. Private industry in this |
17 | Commonwealth will become more competitive in the marketplace |
18 | while not displacing job opportunities for civilian labor in the |
19 | community. It is further the intent of the General Assembly to |
20 | structure the use and availability of prisoner labor and |
21 | regulate its use to assure that prisoner labor will not be used |
22 | to replace work opportunities for unemployed or underemployed |
23 | residents of this Commonwealth. The private sector prison |
24 | industry will not result in bargaining agreements for civilian |
25 | laborers. Prisoners who volunteer and are deemed eligible for |
26 | these jobs will be better able to: |
27 | (1) Develop positive work habits that will assist them |
28 | in securing and holding gainful employment in the public and |
29 | private sectors subsequent to their release from |
30 | incarceration. |
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1 | (2) Pay a reasonable portion of the room and board in a |
2 | correctional facility. |
3 | (3) Accept responsibility for the consequences of their |
4 | actions by compensating victims of crime through deductions |
5 | from their earnings. |
6 | (4) Provide financial assistance to their dependents, |
7 | thus strengthening and promoting family ties while reducing |
8 | the likelihood that their families may eventually have to |
9 | rely upon public assistance. |
10 | § 1903. Definitions. |
11 | The following words and phrases when used in this chapter |
12 | shall have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Authority." The Prison Industry Enhancement Authority. |
15 | "Certification." The process where an applicant demonstrates |
16 | assurances of authority, compliance with mandatory program |
17 | criteria and describes key project elements as required by |
18 | Federal law. |
19 | "Correctional facility." Any jail, prison or detention |
20 | facility operated by the Commonwealth or by a county or jointly |
21 | by more than one county and used for the detention and |
22 | confinement of persons convicted and under sentence for |
23 | violations of the criminal laws of this Commonwealth. For |
24 | purposes of this chapter, the term shall also include any |
25 | motivational boot camp as defined in 42 Pa.C.S. § 3903 (relating |
26 | to definitions). The term does not include any correctional |
27 | facility used for the detention and confinement of juvenile |
28 | offenders. |
29 | "Cost accounting center." A specific industry program |
30 | operated under the private sector prison industry enhancement |
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1 | certification program. |
2 | "County commissioners." Elected county commissioners or the |
3 | equivalent governing body of any county, regardless of form of |
4 | government. |
5 | "Customer model." An arrangement under which: |
6 | (1) the private business, private enterprise or |
7 | nonprofit entity purchases all or a significant portion of |
8 | the output of a prison-based business owned and operated by a |
9 | government entity, political subdivision or an |
10 | instrumentality thereof; and |
11 | (2) the private sector partner assumes no major role in |
12 | the industry operation, does not direct production and |
13 | exercises no control over prisoner labor. |
14 | "Director of correctional industries." An individual who has |
15 | authority to operate and manage the Prison Industry Enhancement |
16 | Certification Program under the direct supervision of the |
17 | Secretary of Corrections and the Prison Industry Enhancement |
18 | Authority. |
19 | "Employer model." An arrangement under which a private |
20 | business, private enterprise or nonprofit entity owns and |
21 | operates the cost accounting center with limited State or local |
22 | government involvement by controlling the hiring, firing, |
23 | training, supervision and payment of the prisoner work force, |
24 | and the Department of Corrections assumes no major role in the |
25 | industry operation, does not direct production and exercises |
26 | minimum control over prisoner labor performance. |
27 | "Justice Assistance Act of 1984." The Justice Assistance Act |
28 | of 1984 (Public Law 98-473, 98 Stat. 2077). |
29 | "Municipality." A municipal corporation or quasi-municipal |
30 | corporation, including counties. |
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1 | "Office." The Office of Victims' Services within the |
2 | Department of Corrections. |
3 | "Open market." An unrestricted stream of commerce within |
4 | this Commonwealth and outside the borders of this Commonwealth |
5 | in interstate commerce. |
6 | "Prisoner." An individual who has been convicted of a crime |
7 | and is serving a sentence in a correctional facility. |
8 | "Private business," "private enterprise" or "nonprofit |
9 | entity." An individual, firm, partnership, corporation or other |
10 | lawful commercial enterprise or nonprofit organization that, |
11 | under this chapter, operates a private sector prison industry |
12 | and employs State or county prisoners. |
13 | "Private sector prison industry." A private business, |
14 | private enterprise or nonprofit entity that produces goods or |
15 | services employing prisoner labor in or on the property of a |
16 | State or county correctional facility. |
17 | "Program." The Prison Industry Enhancement Certification |
18 | Program established under Federal law. |
19 | "Superintendent." The person in primary charge of the |
20 | administration and managers of a State correctional facility. |
21 | "Warden." The person in primary charge of the administration |
22 | and management of a county or multicounty correctional facility. |
23 | § 1904. Prison Industry Enhancement Authority. |
24 | (a) Establishment.--There is established an authority to be |
25 | known as the Prison Industry Enhancement Authority. |
26 | (b) Composition.--The authority shall consist of the |
27 | following members: |
28 | (1) The secretary or a designee who shall serve as |
29 | chairman. |
30 | (2) The director of correctional industries. |
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1 | (3) One representative from organized labor appointed by |
2 | the Governor from a list submitted by the Statewide labor |
3 | organizations in this Commonwealth. |
4 | (4) One county commissioner nominated by the County |
5 | Commissioners Association of Pennsylvania and appointed by |
6 | the Governor. |
7 | (5) One warden appointed by the Governor. |
8 | (6) One representative from the business community |
9 | appointed by the Governor from a list submitted by the |
10 | business community. |
11 | (7) One superintendent appointed by the secretary. |
12 | (c) Terms.--Terms for members shall be as follows: |
13 | (1) Three years for the county commissioner. |
14 | (2) Two years for the representative from the business |
15 | community. |
16 | (3) Two years for the warden. |
17 | (4) Two years for the representative from organized |
18 | labor. |
19 | (5) The secretary and director shall serve continuously. |
20 | (d) Reappointment.--A member of the authority may be |
21 | eligible for reappointment. A member shall continue to serve |
22 | after the expiration of the member's term until a successor is |
23 | appointed. |
24 | (e) Vacancies.--A vacancy shall be filled by the original |
25 | appointing authority for the remainder of the expired term. A |
26 | vacancy shall be filled within 90 days of the occurrence of the |
27 | vacancy. |
28 | (f) Meetings.--The authority shall meet biannually and upon |
29 | the request of the chairman or three or more members. All |
30 | meetings may or may not be open to the public at the discretion |
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1 | of the secretary or the authority. |
2 | (g) Quorum.--For the transaction of general business of the |
3 | authority, four members shall constitute a quorum. A majority |
4 | vote of the members present will be necessary for a private |
5 | sector prison industry application to be approved. Each approval |
6 | of a private sector prison industry application shall be made by |
7 | a vote at a duly constituted meeting of the authority. |
8 | (h) Compensation.--Members shall receive no compensation for |
9 | their services on the authority, but shall be reimbursed by the |
10 | department from the department's manufacturing funds for |
11 | reasonable and necessary expenses. |
12 | (i) Administration of authority.--The department shall |
13 | furnish administrative support to the authority. Legal counsel |
14 | for the authority shall be furnished by the Office of General |
15 | Counsel. |
16 | § 1905. Powers and duties of authority. |
17 | The authority shall have the powers and duties to: |
18 | (1) Authorize the department to apply to the United |
19 | States Department of Justice, Bureau of Justice Assistance or |
20 | any successors for certification, as an umbrella authority, |
21 | to assist other units of government seeking to participate in |
22 | the program. |
23 | (2) Act as an intermediary between the department, and |
24 | its designees, and the United States Department of Justice, |
25 | Bureau of Justice Assistance or any successors in complying |
26 | with the mandatory criteria and program requirements for |
27 | private sector prison industries in this Commonwealth. |
28 | (3) Adopt procedures for determining whether a |
29 | prospective private sector prison industry proposed by the |
30 | department or any county correctional agency complies with |
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1 | the requirements of the program and other State law not |
2 | inconsistent with this chapter. |
3 | (4) Approve or disapprove proposals submitted to the |
4 | authority from the department, or its designees, for private |
5 | sector prison industry for inclusion or continuation in the |
6 | program. |
7 | (5) Monitor the department and its designees to ensure |
8 | continuing compliance with this chapter and Federal law and |
9 | provide proper notification of violations and proposed |
10 | actions taken to ensure compliance. |
11 | (6) Designate which services to be performed or articles |
12 | manufactured or assembled by prisoners are conforming to the |
13 | program regulations and can be sold on the open market. |
14 | § 1906. Cooperation with private industry. |
15 | (a) General rule.--Upon the approval of the authority, the |
16 | department or a county correctional facility, with the approval |
17 | of its governing board, may enter into contracts with a private |
18 | business, private enterprise or nonprofit organization to permit |
19 | the employment of prisoners to perform designated work. The |
20 | department shall remain responsible for the custody of State |
21 | prisoners who are working for a cost accounting center operated |
22 | by the department. The county shall remain responsible for the |
23 | custody of county prisoners who are working for a cost |
24 | accounting center operated by the county. The contractual |
25 | arrangement authorized by this chapter shall not create any |
26 | third-party rights in any prisoner. |
27 | (b) Status of prisoner.--No prisoner compensated for |
28 | participation in the program shall be considered to be an |
29 | employee of the Commonwealth or the county nor shall the |
30 | prisoner be afforded the rights and privileges of Commonwealth |
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1 | or county employees. |
2 | (c) Certain rights preserved.--Nothing contained in this |
3 | section shall be deemed to restore, in whole or in part, the |
4 | civil rights of participating prisoners, except that |
5 | participating prisoners shall be afforded the protection of the |
6 | Fair Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 |
7 | et seq.), Title VII of the Civil Rights Act of 1964 (Public Law |
8 | 88-352, 78 Stat. 241), the Occupational Safety and Health Act of |
9 | 1970 (Public Law 91-596, 29 U.S.C. § 651 et seq.), the Age |
10 | Discrimination Act of 1975 (Public Law 94-135, 42 U.S.C. § 6101 |
11 | et seq.), the Americans with Disabilities Act of 1990 (Public |
12 | Law 101-336, 104 Stat. 327), the act of June 2, 1915 (P.L.736, |
13 | No.338), known as the Workers' Compensation Act, the act of |
14 | October 27, 1955 (P.L.744, No.222), known as the Pennsylvania |
15 | Human Relations Act, the act of July 14, 1961 (P.L.637, No.329), |
16 | known as the Wage Payment and Collection Law, and the act of |
17 | January 17, 1968 (P.L.11, No.5), known as The Minimum Wage Act |
18 | of 1968, solely to the extent that they apply to the private |
19 | sector prison industry employment relationship. |
20 | (d) Consent to deduction.--A prisoner may participate in the |
21 | program established under this chapter only on a voluntary basis |
22 | and must consent, in advance, to the specific deductions from |
23 | gross wages, as set forth under section 1908 (relating to wages |
24 | and deductions). A prisoner performing services for a cost |
25 | accounting center shall indicate, in writing, that he or she: |
26 | (1) agrees voluntarily to participate in the cost |
27 | accounting center activities; and |
28 | (2) agrees voluntarily, and in advance, to specific |
29 | deductions made from gross wages, as well as all other |
30 | financial arrangements made as to wages earned through |
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1 | participation in the cost accounting center's activities. |
2 | § 1907. Minimum requirements of private sector prison industry. |
3 | (a) Requirements enumerated.--A private business, private |
4 | enterprise or nonprofit organization may not enter into a |
5 | contract under section 1906 (relating to cooperation with |
6 | private industry) unless it demonstrates all of the following: |
7 | (1) The private business, private enterprise or |
8 | nonprofit organization, the department or the governing |
9 | authority of the county correctional system, whichever is |
10 | applicable, consulted with local union central bodies and |
11 | with local businesses that may be affected by the private |
12 | business, private enterprise or nonprofit organization |
13 | participating in the program. |
14 | (2) The private business, private enterprise or |
15 | nonprofit organization has verified with the Department of |
16 | Labor and Industry that its participation in the program will |
17 | not: |
18 | (i) demonstrably result in the displacement of |
19 | employees in the surrounding community; |
20 | (ii) be applied in skills, crafts or trades in which |
21 | there is a surplus of available gainful labor in the |
22 | locality; or |
23 | (iii) impair existing contracts for goods and |
24 | services. A contract may not be executed by or with a |
25 | private sector prison industry employer that will permit |
26 | the employment of prisoners in the same job |
27 | classifications or similar work duties or assignments as |
28 | individuals who are on strike, as defined in the act of |
29 | June 1, 1937 (P.L.1168, No.294), known as the |
30 | Pennsylvania Labor Relations Act, or who are otherwise |
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1 | involved in a labor dispute as that term is defined by |
2 | Federal or State law, including a lockout. |
3 | (b) Priorities.--When reviewing a potential private sector |
4 | prison industry, the authority shall consider the impact on the |
5 | employment of persons in the private business sector of this |
6 | Commonwealth and consider establishing joint ventures that will |
7 | retain or reclaim jobs in this Commonwealth, support emerging |
8 | Commonwealth industries or create jobs for a deficient labor |
9 | market. |
10 | § 1908. Wages and deductions. |
11 | (a) Wages.--All prisoners participating in a cost accounting |
12 | center's activities shall be compensated at a rate that is not |
13 | less than the wages paid for work of a similar nature in private |
14 | industry in the locality in which the activity is performed, as |
15 | determined after consultation with the Department of Labor and |
16 | Industry. A prisoner may not receive compensation that is less |
17 | than the minimum wage established by Federal or State law unless |
18 | the lesser compensation is consistent with Federal and State |
19 | law. Wages shall be paid no less frequently than biweekly. Any |
20 | wages remaining after the deductions under subsection (b) shall |
21 | be maintained by the appropriate correctional authority in a |
22 | fund in the prisoner's name. The amount remaining shall be |
23 | returned to the prisoner at the time of release. The |
24 | correctional authority may permit the prisoner to draw a portion |
25 | of the money for other purposes deemed to be appropriate by the |
26 | correctional authority. |
27 | (b) Deductions.-- |
28 | (1) A prisoner shall have deducted from any compensation |
29 | received: |
30 | (i) Federal, State and local taxes. |
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1 | (ii) Contributions to the Crime Victims Compensation |
2 | Fund or equivalent fund established by law to compensate |
3 | victims of crime, which contributions shall not be less |
4 | than 5% nor more than 20% of the prisoner's gross wages. |
5 | (iii) A reasonable portion of the room and board and |
6 | administrative costs for the prisoner in a correctional |
7 | facility as determined by the department or the governing |
8 | body of the county correctional agency. |
9 | (iv) An allocation for support of the prisoner's |
10 | immediate family under statute or court order or under |
11 | any other financial obligation acknowledged in writing by |
12 | the prisoner. |
13 | (v) All deductions in their entirety shall not |
14 | exceed 80% of a prisoner's gross wages. The prisoner |
15 | employee shall be paid, credited with, or otherwise |
16 | benefit from, the 20% gross remainder. The benefit may |
17 | include directing the remaining 20% to workers' expense |
18 | accounts, or to the settling of the workers' legal |
19 | obligations, including the payment of fines and |
20 | restitution. |
21 | (2) No other deductions shall be permitted unless |
22 | otherwise permitted pursuant to Federal or State law. |
23 | Deductions shall not in the aggregate exceed 80% of gross |
24 | wages. Each prisoner employed shall receive a written |
25 | statement of the description and amount of each deduction. |
26 | (c) Workers' compensation.--The provision of benefits and |
27 | compensation to prisoners for injuries sustained in the course |
28 | of employment provided for under this chapter shall be subject |
29 | to any limitations set forth under the act of June 2, 1915 |
30 | (P.L.736, No.338), known as the Workers' Compensation Act. |
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1 | (d) Unemployment insurance.--No prisoner may qualify for |
2 | unemployment insurance payments. |
3 | § 1909. Administrative support. |
4 | The department shall provide the authority with reasonable |
5 | administrative and clerical support services subject to the |
6 | availability of funds. |
7 | § 1910. Immunities not waived. |
8 | No provision of this chapter shall waive or impair any |
9 | sovereign, government, qualified or other immunity from or |
10 | defense against suit available to the Commonwealth and its |
11 | departments, boards, officers, employees and agents or the |
12 | political subdivisions of this Commonwealth and their agencies, |
13 | officers and employees. |
14 | § 1911. Civil actions. |
15 | No prisoner may bring a civil action before any court, |
16 | independent commission or authority of this Commonwealth against |
17 | the authority, the Commonwealth or its agencies, officers or |
18 | employees or the political subdivisions of this Commonwealth and |
19 | their agencies, officers and employees based upon a contractual |
20 | arrangement authorized under this chapter. |
21 | § 1912. Construction of chapter. |
22 | No provision of this chapter may be construed as creating a |
23 | civil cause of action against the authority, the Commonwealth or |
24 | its agencies, officers or employees or the political |
25 | subdivisions of this Commonwealth and their agencies, officers |
26 | and employees. Nothing in this chapter may create an enforceable |
27 | right in any person to obtain or retain employment in the |
28 | private sector prison industry. Nothing in this chapter shall |
29 | require the department or any county to propose or permit a |
30 | private sector prison industry within the correctional facility. |
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1 | § 1913. Monetary limitations. |
2 | There shall be no monetary limitations on the amount of goods |
3 | and services supplied to the open market unless otherwise stated |
4 | by the authority. |
5 | Section 2. All acts and parts of acts are repealed insofar |
6 | as they are inconsistent with the addition of 61 Pa.C.S. Ch. 19. |
7 | The addition of 61 Pa.C.S. Ch. 19 shall not affect or change the |
8 | method or manner of prisoner work assignments within a |
9 | correctional facility or the statutory authority to compel the |
10 | labor on behalf of the Commonwealth or any political subdivision |
11 | thereof. |
12 | Section 3. This act shall take effect in 90 days. |
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