H.B. 282

1

WORK PROGRAMS FOR PRISONERS AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Christine R. Fox
5 AN ACT RELATING TO STATE INSTITUTIONS; AMENDING CODE RELATING TO
6 WORK PROGRAMS FOR PRISONERS; MODIFYING DEFINITION OF INMATE;
7 ENCOURAGING PRIVATE INDUSTRY TO USE INMATE LABOR; PROVIDING FOR
8 WAGES TO BE PAID FOR SIMILAR WORK IN LOCAL PRIVATE INDUSTRY BUT NOT
9 DISPLACE LOCAL UTAH WORKERS; AND AMENDING PROVISION RELATED TO
10 INMATE EARNINGS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 64-9b-2, as last amended by Chapter 212, Laws of Utah 1985
14 64-9b-3, as last amended by Chapter 212, Laws of Utah 1985
15 64-9b-4, as enacted by Chapter 32, Laws of Utah 1978
16 64-9b-5, as enacted by Chapter 32, Laws of Utah 1978
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 64-9b-2 is amended to read:
19 64-9b-2. Definitions.
20 As used in this act:
21 (1) "Department" means the Department of Corrections.
22 (2) "Inmate" means any man or woman who is under the jurisdiction of the department and
23 who is assigned to [the minimum or medium security section of] the Utah state prison or to a
24 county jail.
25 Section 2. Section 64-9b-3 is amended to read:
26 64-9b-3. Encouragement of private industry -- Types of employers to be sought.
27 (1) The department is authorized to encourage private industry to locate and provide

1 rehabilitative and job opportunities for inmates at the Utah state prison [for inmates] and county
2 jails housing inmates under the jurisdiction of the department.
3 (2) The department shall determine what type of employer is to be allowed to locate at the
4 prison[,] or county jail, taking into consideration the physical facilities and space at the prison[,]
5 or county jail, the abilities of the inmates, and the type of product to be produced by the employer.
6 Section 3. Section 64-9b-4 is amended to read:
7 64-9b-4. Work to be voluntary -- Payment of prevailing wages.
8 (1) Rehabilitative and job opportunities at the Utah state prison and participating county
9 jails shall not be forced upon any inmate contrary to the Utah Constitution, Article XVI, [Sec.]
10 Section 3 (2), but, instead, shall be on a completely voluntary basis.
11 (2) [Employers participating under the provisions of this act] Private businesses that
12 manufacture products for sale in Utah or in interstate commerce shall pay inmates the prevailing
13 wage for similar work in local private industry. Private businesses that provide services,
14 agricultural products, or manufactured products for export shall pay inmates wages determined by
15 the department, but should not displace local Utah workers as a result of their employment of
16 inmates.
17 Section 4. Section 64-9b-5 is amended to read:
18 64-9b-5. Intent of Legislature.
19 It is the legislative intent, and inmates are encouraged, to use their personal earnings from
20 jobs created under this chapter for the following:
21 (1) for restitution to the victims of the inmate's criminal offense, where applicable;
22 (2) for support of the inmate's family, where applicable;
23 (3) for the inmate's personal use; and
24 (4) for reimbursement of [the inmate's living expenses] security, operational, and other
25 costs incurred by the Utah Correctional Industries Division of the department in administering
26 these projects.


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Legislative Review Note
as of 1-28-97 1:02 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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