Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-060 - AR 115 Private Industry Employment of Inmates Within Correctional Facilities

Current through Register Vol. 49, No. 6, June, 2024
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.
II.
EXPLANATION
:
The Board of Corrections is authorized by Ark. Code Ann. §
							12-30-501
			 to contract with any private individual or private company to employ inmates.
			 The contracts must comply with Title
			 18 U.S.C. Section
			 1761. The purpose of this rule is to
			 authorize the Director of the Arkansas Department of Correction to operate the
			 program.
III.
APPLICABILITY
:
This Administrative Rule applies to the Arkansas Department of
			 Correction, its inmates and any private individual, corporation, partnership,
			 or association contracting with or attempting to contract with the Arkansas
			 Department of Correction to utilize inmate labor as authorized and/or limited
			 by Ark. Code Ann. §
							12-30-501.
IV.
POLICY
:
It shall be the policy of the Department of Correction to expand
			 the Correctional Industry work program by allowing inmates to work for private
			 companies within secure perimeters of correctional facilities. This work
			 program shall operate as a private industry enhancement certification program
			 (PIECP) of the Bureau of Justice Assistance, U.S. Department of Justice.
V.
PROCEDURES
:
A. The Board of Corrections will be the PIECP
		  certificate holder.
B. The program
		  has nine mandatory requirements that are:
1.
		  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.
2. 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.
3. Non-Inmate
		  Worker Displacement
Written assurances from the Employment Security Division that
			 PIECP will not result in the displacement of employed workers; be applied in
			 skills, crafts, or trades in which there is a surplus of available labor in the
			 locality; or sufficiently impair existing contracts.
4. 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.
5. Deductions
Deductions shall be taken for all applicable taxes, room and
			 board/operational fee, family support, and victim's compensation. Total
			 deductions can be no more than 80% of the inmate worker's gross wages.
6. Voluntary Participation
Inmate workers must volunteer to participate in the PIECP
			 program.
7. Consultation
		  with organized labor
There shall be written proof of consultation with organized labor
			 prior to PIECP startup.
8.
		  Consultation with local private industry
There shall be written proof of consultation with local private
			 industry prior to PIECP startup.
9. National Environmental Policy Act (NEPA)
There shall be written proof of compliance with NEPA requirements
			 prior to PIECP startup.
C. The Director of the Arkansas Department of
		  Correction 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.