Bill Text: MI HB5658 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Corrections; other; use of prison labor by private contractor; allow under certain circumstances. Amends secs. 2, 6 & 7a of 1968 PA 15 (MCL 800.322 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-07-18 - Assigned Pa 261'12 With Immediate Effect [HB5658 Detail]
Download: Michigan-2011-HB5658-Introduced.html
HOUSE BILL No. 5658
May 22, 2012, Introduced by Rep. Haveman and referred to the Committee on Judiciary.
A bill to amend 1968 PA 15, entitled
"Correctional industries act,"
by amending sections 2 and 6 (MCL 800.322 and 800.326), section 2
as amended by 1996 PA 537 and section 6 as amended by 2010 PA 308.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Correctional industries products" means all services
provided, goods, wares, and merchandise manufactured or produced,
wholly or in part, by inmates in any state correctional
institution,
but does not include products either
of the following:
(i) Products manufactured with inmate labor or services
rendered with inmate labor in a private manufacturing or service
enterprise established under section 7a.
(ii) Goods or services provided by inmate labor assigned to a
private contractor to be used solely within a correctional
institution, jail, or reentry facility.
(b)
"Youth correctional facility" means a facility established
under
section 20g of Act No. 232 of the Public Acts of 1953, being
section
791.220g of the Michigan Compiled Laws.
(b) "Correctional institution" means a state prison, prison
facility, or other prison institution, correctional camp, community
corrections center, correctional farm, state reformatory, or
probation recovery camp, owned, operated, leased, supervised, or
contracted for by this state.
Sec. 6. (1) Correctional industries products may be sold,
exchanged, or purchased by any of the following:
(a) An institution of this or any other state or political
subdivision of this or any other state, the federal government or
agencies of the federal government, a foreign government or
agencies of a foreign government, or, except as provided in
subsection
(5), (7), a private vendor that operates a correctional
facility in this state.
(b)
Except as provided in subsection (5), (7), any
organization that is a tax exempt organization under section
501(c)(3) of the internal revenue code, or any organization or
individual that acts as a fiduciary for a tax exempt organization
under section 501(c)(3) of the internal revenue code and certifies
that the product sold or exchanged under this act is intended for
use by a tax exempt organization under section 501(c)(3) of the
internal revenue code.
(c)
Except as provided in subsection (5), (7), any private
business or individual, if the products are cut and sewn textiles,
but only if the same or a comparable in style product is not
manufactured by a private business in this state. However, this
subdivision no longer applies beginning on the later of the
following dates:
(i) The date cut and sewn textiles are being manufactured under
the prisoner industry enhancement certification program under
section 4(h) and sold, exchanged, or purchased under subdivision
(d).
(ii) June 1, 2015.
(d)
Except as provided in subsection (5), (7), any private
individual, corporation, partnership, or association in this state
and in interstate commerce if the products are manufactured under
section 4(h).
(2) Except as provided in subsections (3), (4), (5), and (6),
the labor of inmates shall not be sold, hired, leased, loaned,
contracted for, or otherwise used for private or corporate profit
or for any purpose other than the construction, maintenance, or
operation of public works, ways, or property as directed by the
governor.
(3) (2)
An agricultural product that is
produced on a
correctional farm may be utilized within the correctional
institutions or within a correctional facility in this state
notwithstanding its operation by a private vendor or sold to an
institution, governmental agency, or organization described in
subsection (1) or sold for utilization in the food production
facilities of the department of corrections notwithstanding the
operation of those facilities by a private vendor. An agricultural
product that is not utilized or sold as provided in this subsection
shall be made available without charge to nonprofit charitable
organizations or to the family independence agency for use in food
banks, bulk food distributions, or similar charitable food
distribution programs. This subsection does not apply to an
agricultural product that is not in a form suitable for use in the
manner prescribed in this section, such as bulk grain, live cattle,
and hogs, which may be sold on the open market.
(4) (3)
Except as provided in subsection (4), the labor of
inmates
shall not be sold, hired, leased, loaned, contracted for,
or
otherwise used for private or corporate profit or for any
purpose
other than the construction, maintenance, or operation of
public
works, ways, or property as directed by the governor. This
act does not prohibit the sale at retail of articles made by
inmates for the personal benefit of themselves or their dependents
or the payment to inmates for personal services rendered in the
correctional institutions, subject to regulations approved by the
department of corrections, or the use of inmate labor upon
agricultural land that has been rented or leased by the department
of corrections upon a sharecropping or other basis.
(5) This act does not prohibit the assignment of prison labor
to a private contractor for the production of goods or services to
be used solely within a correctional institution, jail, or reentry
facility that houses a prisoner population under the jurisdiction
of the department. Inmates assigned by the department for the
production of goods or services that are solely used within a
correctional facility or institution that houses a prisoner
population under the jurisdiction of the department are not subject
to the prevailing or minimum wage.
(6) (4)
If more than 80% of a particular
product sold in the
United States is manufactured outside the United States and none of
that product is manufactured in this state, or if a particular
service is not performed in this state, as determined by the
department of corrections in conjunction with the advisory council
for correctional industries, inmate labor may be used in the
manufacture of that product or the rendering of that service in a
private manufacturing or service enterprise established under
section 7a. A determination by the department of corrections under
this subsection shall be made at the time the individual or
business entity applies to the department for approval to produce
that product or render that service pursuant to section 7a.
(7) (5)
An individual who is a member of
the state senate or
house of representatives shall not be permitted to participate,
directly or indirectly, either personally or through an affiliate,
in any program involving the sale, exchange, purchase, or
manufacture of correctional industries products until 2 years after
the date on which the individual's term of service in the senate or
house of representatives ends.
