OF EDUCATION TO EMPLOY INMATES TO REPAIR BOOKS WAS CONSTITUTIONAL. THE SIBEL COURT CITED RICE AS AUTHORITY FOR DETERMINING THAT CONTRACTS IN WHICH THE EMPLOYMENT OF INMATES WAS INVOLVED DID NOT CONFLICT WITH ARTICLE XXIII , SECTION 2 OF THE CONSTITUTION. THE COURT DID NOT DISTINGUISH BETWEEN PRIVATE AND PUBLIC ENTITIES AS PARTIES TO SUCH CONTRACTS.
BASED ON THE RICE COURT'S ANALYSIS AND THE SIBEL COURT'S REINFORCEMENT OF THAT REASONING, ARTICLE XXIII , SECTION 2 PROHIBITS CONTRACTS FORMED SOLELY FOR THE PURPOSE OF "CONTRACTING OUT" INMATE LABOR WHEN THE CONTRACT RESULTS IN A PRIVATE ENTITY - AND NOT THE STATE - HAVING PHYSICAL CONTROL OVER THE INMATES. THUS, THE DISTINCTION BETWEEN PRIVATE AND PUBLIC ENTITIES IS NOT THE RELEVANT QUESTION; THE FACTORS TO CONSIDER WHEN DETERMINING WHETHER A CONTRACT INVOLVING INMATE LABOR CONFORMS WITH ARTICLE XXIII , SECTION 2, ARE THE PURPOSE OF THE CONTRACT AND THE AMOUNT OF CONTROL THE STATE RETAINS OVER THE INMATES INVOLVED IN THE CONTRACT. THE STATE MAY CONTRACT WITH PRIVATE INDUSTRY UNDER ARTICLE XXIII , SECTION 2 IF THE INMATES INVOLVED REMAIN SUFFICIENTLY IN THE CARE OF THE STATE AND IF THE PURPOSE OF THE CONTRACT IS ONE OTHER THAN THE CONTRACTING OF INMATE LABOR. OBVIOUSLY, IN CONTRACTS INVOLVING INMATE LABOR WHICH ARE MADE WITH PUBLIC AGENCIES, THE STATE RETAINS CONTROL OF THE INMATES. THEREFORE, ASSUMING SUCH CONTRACTS ARE MADE FOR A PUBLIC PURPOSE, CONTRACTS MADE WITH PUBLIC AGENCIES COMPLY WITH ARTICLE XXIII , SECTION 2.
II. CONSTITUTIONALITY UNDER ARTICLE II , SECTION 31
YOUR SECOND QUESTION CONCERNS THE CONSTITUTIONALITY OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS' FORMATION OF CONTRACTS WITH PRIVATE ENTERPRISE OR WITH OTHER STATE AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE.
ARTICLE II , SECTION 31 OF THE CONSTITUTION OF THE STATE OF OKLAHOMA STATES, "THE RIGHT OF THE STATE TO ENGAGE IN ANY OCCUPATION OR BUSINESS FOR PUBLIC PURPOSES SHALL NOT BE DENIED NOR PROHIBITED, EXCEPT THAT THE STATE SHALL NOT ENGAGE IN AGRICULTURE FOR ANY OTHER THAN EDUCATIONAL AND SCIENTIFIC PURPOSES AND FOR THE SUPPORT OF ITS PENAL, CHARITABLE, AND EDUCATIONAL INSTITUTIONS."
OKLA. CONST. ARTICLE II , SECTION 31
THE OKLAHOMA STATUTES GRANT THE BOARD OF CORRECTIONS THE AUTHORITY TO FORM CONTRACTS. TITLE 57 O.S. 218 (1991) EMPOWERS THE DEPARTMENT OF CORRECTIONS TO CONTRACT WITH ANY REQUESTING PUBLIC AGENCY TO PROVIDE INMATE LABOR. TITLE 57 O.S. 549(A)(1) GIVES THE BOARD THE POWER TO MAKE LEASES OR OTHER CONTRACTS CONSISTENT WITH THE OPERATION OF PRISON INDUSTRIES. THUS, THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS UNDER ARTICLE II , SECTION 31, IF THE PURPOSE OF THE BUSINESS IS A PUBLIC ONE AND IS NOT EXPRESSLY EXCLUDED. ACCORDINGLY, THE CONSTITUTIONALITY OF A CONTRACT INVOLVING INMATE LABOR DEPENDS UPON WHETHER THE PURPOSE OF THAT CONTRACT IS A "PUBLIC" PURPOSE.
IN DETERMINING WHAT CONSTITUTES A "PUBLIC PURPOSE" UNDER ARTICLE II, 31, RICE V. STATE, 232 P. 807 (OKLA.1925), IS ONCE AGAIN THE AUTHORITY. IN RICE, THE COURT FOUND THAT A CONTRACT FORMED BETWEEN THE STATE AND A PRIVATE ENTITY WAS MADE FOR A PUBLIC