Section 33.30.191. Employment of prison inmates.

   (a) It is the policy of the state that prisoners be productively employed for as many hours each day as feasible.
   (b) The commissioner may enter into contracts or cooperative agreements with any public agency for the performance of conservation projects. After June 14, 2006, the commissioner may enter into a contract with an individual or private organization or public agency for the employment of prisoners if the commissioner consults with local union organizations before contracting and ensures that the contract will not result in the displacement of employed workers, be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services. A contract with an individual or private organization must require payment to the commissioner of at least the minimum wage required by AS 23.10.065 for each hour worked by a prisoner. The wage required under the contract, multiplied by the total hours worked by inmates, must be paid weekly, or for another period as required by the contract.
   (c) The commissioner may direct a prisoner to participate in a type of productive employment listed in (g)(1) and (3) - (5) of this section while the prisoner is confined in a correctional facility. A prisoner who refuses to participate in productive employment inside a correctional facility when directed under this section is subject to disciplinary sanctions imposed in accordance with regulations adopted by the commissioner.
   (d) In employing prison inmates, the department shall comply with federal and state health and safety regulations, except for providing workers' compensation under AS 23.30.
   (e) The provisions of AS 23 do not apply to the employment of prison inmates.
   (f) Prison inmates productively employed under this section are not state employees nor do they have the rights or privileges given to state employees, including the right to participate in collective bargaining.
   (g) In this section, "productively employed" includes the following kinds of employment:
        (1) routine maintenance and support services essential to the operation of a correctional facility;
        (2) education, including both academic and vocational;
        (3) public conservation projects, including wildland fire prevention and control, forest and watershed enhancement, recreational area development, construction and maintenance of trails and campsites, fish and game enhancement, soil conservation, and forest watershed revegetation;
        (4) renovation, repair, or alteration of existing correctional facilities as permitted by law; and
        (5) other work performed inside or outside of a correctional facility under (b) of this section.

Authorities

11.05.110;33.30.201;33.32.000;36.30.313;41.21.026

Notes

Implemented As

22 AAC 05.100
22 AAC 05.400

References

22 AAC 05.100
AS 11.05.110 - 11.05.120l Employment of imprisoned persons. [Repealed,
AS 33.30.201 Compensation of prison inmates; deductions; disbursement; liens.
AS 33.32.000 ">

Chapter 33.32 CORRECTIONAL INDUSTRIES

AS 36.30.313 Procurements provided through employment of prison inmates.
AS 41.21.026 Fees for the use of state park system facilities.

History

(Sec. 6 ch 88 SLA 1986; am Sec. 7 ch 49 SLA 1997; am Sec. 2 - 5 ch 58 SLA 2006; am Sec. 2 ch 22 SLA 2008)

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