THE OPERATION OF PRISON INDUSTRIES. TITLE 57 O.S. 549.1 SPECIFIES THAT THE DEPARTMENT MAY PURCHASE THE MATERIAL NECESSARY FOR SUCH INDUSTRIES AND EMPLOY THE NECESSARY SUPERVISORY PERSONNEL. THIS STATUTE ALSO STATES THAT STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS MUST PURCHASE FROM THE PRISON INDUSTRIES, WHILE POLITICAL SUBDIVISIONS OF THE STATE HAVE THE OPTION OF PURCHASING FROM THIS SOURCE. 57 O.S. 549.1(B) AND 57 O.S. 549.1(D). NON-PROFIT AND OTHER CHARITABLE ORGANIZATIONS AND THE FEDERAL GOVERNMENT MAY ALSO PURCHASE GOODS AND SERVICES FROM THE PRISON INDUSTRIES. NO OTHER ENTITIES MAY PURCHASE GOOD AND SERVICES PRODUCED FROM PRISON INDUSTRIES, WITH THE EXCEPTION THAT SURPLUS AGRICULTURAL PRODUCTS MAY BE SOLD; NEW LEGISLATION EFFECTIVE JULY 1, 1992, WILL ALLOW SURPLUS AGRICULTURAL PRODUCTS OF PRISON INDUSTRIES TO BE EXCHANGED FOR OTHER FOOD, FEED, OR SEED PRODUCTS. 1992 OKLA. SESS. LAWS, C. 77, 1.
BECAUSE THE PURPOSE OF PRISON INDUSTRIES IS TO PROVIDE INMATES WITH EMPLOYMENT, CONTRACTS MADE PURSUANT TO THESE STATUTES ARE CONSIDERED TO BE MADE FOR A PUBLIC PURPOSE. FURTHERMORE, 57 O.S. 549 AND 57 O.S. 549.1 ALLOW ONLY PUBLIC AGENCIES TO PURCHASE NON-SURPLUS INMATE-PRODUCED GOODS AND SERVICES; THUS, PUBLIC ORGANIZATIONS SUCH AS STATE AGENCIES AND POLITICAL SUBDIVISIONS ARE THE ENTITIES WHICH BENEFIT FROM THE INMATE LABOR. THEREFORE, THE CONTRACTUAL AGREEMENTS MADE IN CONNECTION WITH PRISON INDUSTRIES ARE MADE FOR A PUBLIC PURPOSE AND ARE SANCTIONED BY ARTICLE II , SECTION 31 OF THE CONSTITUTION.
IN ADDITION, SUCH CONTRACTS DO NOT VIOLATE THE MANDATE OF ARTICLE XXIII , SECTION 2 , WHICH PROHIBITS CONTRACTS MADE SOLELY FOR THE PURPOSE OF LEASING OUT INMATE LABOR. LIKE THE CONTRACT IN THE RICE CASE, CONTRACTS FORMED PURSUANT TO THE PRISON INDUSTRY STATUTES INVOLVE INMATE LABOR PERFORMED INSIDE THE PRISON AND UNDER THE DIRECT CONTROL OF THE STATE. THE POTENTIAL FOR INMATE ABUSE FROM PRIVATE CORPORATIONS WHICH ARTICLE XXIII , SECTION 2 SOUGHT TO PROHIBIT IS AVOIDED UNDER THESE CONTRACTS.
C. STATUTORY RESTRICTIONS
ALTHOUGH RICE AND SIBEL INDICATE THAT THE CONSTITUTION ALLOWS THE CONTRACTS AUTHORIZED UNDER THE PUBLIC WORKS PROJECTS ACT AND THE STATUTES PROVIDING FOR PRISON INDUSTRY, THE STATUTES DO PROVIDE RESTRICTIONS ON CONTRACTS INVOLVING INMATE LABOR. TITLE 57 O.S. 218, WHICH IS A PORTION OF THE PUBLIC WORKS PROJECTS ACT, RESTRICTS THE USE OF INMATE LABOR TO CONTRACTS MADE WITH PUBLIC AGENCIES. SECTION 57 O.S. 222 OF THAT TITLE LIMITS INMATE LABOR PERFORMED PURSUANT THE PUBLIC WORKS PROJECTS STATUTES TO PUBLIC PROPERTY, EXCEPT THAT INMATE LABOR MAY BE USED ON PRIVATE PROPERTY FOR A PUBLIC PURPOSE. RECENT LEGISLATION, EFFECTIVE JULY 1, 1992, ILLUSTRATES AN INSTANCE WHEN THE USE OF INMATE LABOR ON PRIVATE PROPERTY MAY BE PERMITTED: UNDER THE NEW ADDITION TO 222, INMATES MAY BE USED TO REMOVE GRAFFITI OFFENSIVE TO THE PUBLIC FROM PRIVATE BUILDINGS. FINALLY, 74 O.S. 123(F) (1991) PROHIBITS THE SALE OR EXCHANGE OF PRISON INDUSTRY PRODUCTS TO ENTITIES OTHER THAN THE STATE, ITS AGENCIES, OR ITS POLITICAL SUBDIVISIONS, OR TO CHARITY. TITLE 74 O.S. 123(F) PROHIBITS THE SALE OF PRODUCTS MADE BY INMATE EMPLOYED IN PRISON INDUSTRIES ON THE OPEN MARKET TO PRIVATE