PREVIOUS
12 CAR § 70-203. Private industry employment of inmates within correctional facilities
12 CAR § 70-203. Private industry employment of inmates within correctional facilities.
(a) Explanation.
(1)(A) The Board of Corrections is authorized by Arkansas Code § 12-30-501 to contract with any private individual or private company to employ inmates.
(B) The contracts must comply with 18 U.S.C. § 1761.
(2) The purpose of this section is to authorize the Director of the Division of Correction to operate the program.
(b) Applicability. This section applies to the Division of Correction, its inmates, and any private individual, corporation, partnership, or association contracting with or attempting to contract with the Division of Correction to utilize inmate labor as authorized and/or limited by Arkansas Code § 12-30-501.
(c) Policy.
(1) It shall be the policy of the Division of Correction to expand the Industry Division’s work program by allowing inmates to work for private companies within secure perimeters of correctional facilities.
(2) This work program shall operate as a private industry enhancement certification program (PIECP) of the Bureau of Justice Assistance of the United States Department of Justice.
(d) Procedures.
(1) The board will be the PIECP certificate holder.
(2) The program has nine (9) mandatory requirements, which are:
(A) Eligibility. There shall be on file written proof of certification from the Bureau of Justice Assistance permitting PIECP in the State of Arkansas prior to any cost accounting center startup;
(B) Inmate wages. Wages shall be paid to inmate workers at a rate not less than that paid for work of a similar nature in the locality in which the work is performed;
(C) Noninmate worker displacement. Written assurances from the Division of Workforce Services that PIECP will not:
(i) Result in the displacement of employed workers;
(ii) Be applied in skills, crafts, or trades in which there is a surplus of available labor in the locality; or
(iii) Sufficiently impair existing contracts;
(D) Benefits. Inmate workers will be provided benefits comparable with those made available by the federal or state government to similarly situated private sector employees, including workers’ compensation and, in some circumstances, Social Security;
(E) Deductions.
(i) Deductions shall be taken for:
(a) All applicable taxes;
(b) Room and board/operational fee;
(c) Family support; and
(d) Victim’s compensation.
(ii) Total deductions can be no more than eighty percent (80%) of the inmate worker’s gross wages;
(F) Voluntary participation. Inmate workers must volunteer to participate in the PIECP program;
(G) Consultation with organized labor. There shall be written proof of consultation with organized labor prior to PIECP startup;
(H) Consultation with local private industry. There shall be written proof of consultation with local private industry prior to PIECP startup; and
(I) National Environmental Policy Act. There shall be written proof of compliance with National Environmental Policy Act, 42 U.S.C. § 4321 et seq., requirements prior to PIECP startup.
(3) The director shall develop administrative directives for operation of the program in accordance with all federal and state laws regarding the interstate transportation of prison-made goods.
"Section Number: 115
Page Number: 1 of 3
Board Approval Date: 10-22-04
Supersedes: N/A
Dated:
Reference:
Effective Date: 01-01-05"
"I. AUTHORITY:
The authority of the Board of Corrections to promulgate this Administrative Rules is found in Ark. Code Ann. § 12-27-105 and § 12-30-501."
"VI. REFERENCES:
Ark. Code Ann. § 12-30-501 (Act 106 of 1995)
VII. ACA STANDARDS:"