** PART II **
III. THE EFFECT OF WAGES
YOU NEXT INQUIRE WHETHER THE FACT THAT INMATES RECEIVE WAGES FOR THEIR WORK AFFECTS THE CONSTITUTIONALITY OF CONTRACTS INVOLVING INMATE LABOR. THE COURT'S CONSTITUTIONAL ANALYSIS IN RICE V. STATE OF OKLAHOMA DID NOT INCLUDE THE FACT THAT INMATES MAY RECEIVE COMPENSATION FOR THEIR SERVICES. IN FACT, WAGES ARE MERELY A PRIVILEGE PROVIDED TO MOST EMPLOYED INMATES TO FURTHER SUCH OBJECTIVES AS DISCIPLINE, REHABILITATION, AND REFORMATION. CUMBEY V. STATE OF OKLAHOMA, 699 P.2D 1094, 1097 (OKLA.1985). THEREFORE, THE PAYMENT OF WAGES TO AN EMPLOYED INMATE PURSUANT TO A CONTRACT DOES NOT AFFECT THE CONSTITUTIONALITY OF THE CONTRACT.
IV. CONSTITUTIONALITY OF 57 O.S. 218 AND 57 O.S. 549 (1991)
YOUR FOURTH QUESTION CONCERNS THE SPECIFIC OKLAHOMA STATUTES DEALING WITH PRISON LABOR. YOU ASK WHETHER THESE STATUTES ARE CONSTITUTIONAL. TWO STATUTES EXIST WHICH BASICALLY PROVIDE THE AUTHORITY FOR CONTRACTS INVOLVING INMATE LABOR. THESE STATUTES ARE 57 O.S. 218, WHICH IS A PART OF THE PRISON PUBLIC WORKS PROJECTS ACT, AND 57 O.S. 549 (1991).
THE ANALYSIS OF THE CONSTITUTIONALITY OF ANY STATUTE MUST BEGIN WITH THE ACKNOWLEDGMENT THAT STATUTES ARE PRESUMED CONSTITUTIONAL UNTIL THE STATUTE'S INVALIDITY IS SHOWN BEYOND ANY DOUBT. WAY V. GRAND LAKE ASS'N. INC., 635 P.2D 1010, 1017 (OKLA.1981), CITING HERNDON. JUDGE V. ANDERSON, 25 P.2D 326 (OKLA.1933). THEREFORE, UNLESS OVERWHELMING EVIDENCE TO THE CONTRARY IS SHOWN, THE TWO PERTINENT STATUTES ARE PRESUMED TO BE CONSTITUTIONAL. IN THAT THE STATUTES CLOSELY MIRROR THE CASE LAW REGARDING THE CONSTITUTIONALITY OF CONTRACTS INVOLVING INMATE LABOR, I WOULD CONCLUDE THAT THEY ARE CONSTITUTIONAL.
. PUBLIC WORKS PROJECTS ACT
TITLE 57 O.S. 218 AUTHORIZES CONTRACTS WITH PUBLIC AGENCIES WHICH PROVIDE INMATE LABOR FOR PUBLIC WORK PROJECTS. THE PUBLIC WORKS PROJECTS ACT, CODIFIED AS 57 O.S. 215 (1991), ET SEQ., REQUIRES THAT THE PROJECTS FOR WHICH INMATE LABOR IS USED BE NECESSARY FOR THE PUBLIC WELL-BEING OR CONDUCIVE TO REHABILITATION AND THE REDUCTION OF RECIDIVISM. 57 O.S. 216(2). BECAUSE OF THIS REQUIREMENT, THE CONTRACTS MADE PURSUANT TO THIS ACT ARE AUTHORIZED BY ARTICLE II , SECTION 31 OF THE CONSTITUTION, WHICH PROVIDES THAT THE STATE MAY ENGAGE IN ALL BUSINESS WHICH IS CONDUCTED FOR A PUBLIC PURPOSE. IN ADDITION, THE CONTRACTS FORMED UNDER THIS ACT WOULD FALL OUTSIDE THE SCOPE OF ARTICLE XXIII , SECTION 2, WHICH PROHIBITS CONTRACTING SOLELY FOR THE PURPOSE OF PROVIDING INMATE LABOR, BECAUSE THE PURPOSE OF CONTRACTS MADE UNDER THIS ACT WOULD BE TO PROVIDE INMATES WITH EMPLOYMENT. FURTHERMORE, THE INMATES WOULD REMAIN UNDER THE CONTROL OF THE STATE IF THE CONTRACTS WERE MADE WITH A STATE AGENCY OR POLITICAL SUBDIVISION; THEREFORE, INHUMANE TREATMENT AT THE HANDS OF PRIVATE EMPLOYERS - WHICH THE RICE COURT DETERMINED WAS THE EVIL WHICH ARTICLE XXIII , SECTION 2 SOUGHT TO PREVENT - WOULD NOT OCCUR.
B. OKLAHOMA PRISON INDUSTRIES STATUTES
TITLE 57 O.S. 549 IS THE SECOND STATUTORY SOURCE WHICH AUTHORIZES THE CREATION OF CONTRACTS INVOLVING INMATE LABOR. TITLE 57 O.S. 549 ENABLES THE DEPARTMENT OF CORRECTIONS TO MAKE LEASES OR CONTRACTS CONSISTENT WITH