H.B. 282 Enrolled

WORK PROGRAMS FOR PRISONERS AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Christine R. Fox
AN ACT RELATING TO STATE INSTITUTIONS; AMENDING CODE RELATING TO
WORK PROGRAMS FOR PRISONERS; MODIFYING DEFINITION OF INMATE;
ENCOURAGING PRIVATE INDUSTRY TO USE INMATE LABOR; PROVIDING
FOR WAGES TO BE PAID FOR SIMILAR WORK IN LOCAL PRIVATE INDUSTRY
BUT NOT DISPLACE LOCAL UTAH WORKERS; AND AMENDING PROVISION
RELATED TO INMATE EARNINGS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
64-9b-2, as last amended by Chapter 212, Laws of Utah 1985
64-9b-3, as last amended by Chapter 212, Laws of Utah 1985
64-9b-4, as enacted by Chapter 32, Laws of Utah 1978
64-9b-5, as enacted by Chapter 32, Laws of Utah 1978
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 64-9b-2 is amended to read:
64-9b-2. Definitions.
As used in this act:
(1) "Department" means the Department of Corrections.
(2) "Inmate" means any man or woman who is under the jurisdiction of the department and
who is assigned to [the minimum or medium security section of] the Utah state prison or to a
county jail.
Section 2. Section 64-9b-3 is amended to read:
64-9b-3. Encouragement of private industry -- Types of employers to be sought.
(1) The department is authorized to encourage private industry to locate and provide
rehabilitative and job opportunities for inmates at the Utah state prison [for inmates] and county
jails housing inmates under the jurisdiction of the department.

(2) The department shall determine what type of employer is to be allowed to locate at the
prison[,] or county jail, taking into consideration the physical facilities and space at the prison[,] or
county jail, the abilities of the inmates, and the type of product to be produced by the employer.
Section 3. Section 64-9b-4 is amended to read:
64-9b-4. Work to be voluntary -- Payment of prevailing wages.
(1) Rehabilitative and job opportunities at the Utah state prison and participating county jails
shall not be forced upon any inmate contrary to the Utah Constitution, Article XVI, [Sec.] Section
3 (2), but, instead, shall be on a completely voluntary basis.
(2) [Employers participating under the provisions of this act] Private businesses that
manufacture products for sale in Utah or in interstate commerce shall pay inmates the prevailing
wage for similar work in local private industry. Private businesses that provide services, agricultural
products, or manufactured products for export shall pay inmates wages determined by the
department, but should not displace local Utah workers as a result of their employment of inmates.
Section 4. Section 64-9b-5 is amended to read:
64-9b-5. Intent of Legislature.
It is the legislative intent, and inmates are encouraged, to use their personal earnings from
jobs created under this chapter for the following:
(1) for restitution to the victims of the inmate's criminal offense, where applicable;
(2) for support of the inmate's family, where applicable;
(3) for the inmate's personal use; and
(4) for reimbursement of [the inmate's living expenses] security, operational, and other costs
incurred by the Utah Correctional Industries Division of the department in administering these
projects.

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