Missouri Code of State Regulations › Title 14 - DEPARTMENT OF CORRECTIONS › Division 10 - Director › Chapter 5 - Offender Management › Section 14 CSR 10-5.020 - Private Sector/Prison Industry Certification Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Private Sector/Prison Industry
				  Enhancement Certification Program allows for contracts that produce income so
				  inmates can make-a contribution to society, their own cost, victims of crime,
				  and provides purposeful work for inmates, thereby reducing prison tensions,
				  increasing job skills and providing opportunity for inmate
				  rehabilitation.
(1) To expand
				inmate employment opportunities, the department will seek to enter into a joint
				employment venture(s) with the private sector. These ventures can only be
				accomplished through approval by the Private Sector/Prison Industry Enhancement
				Certification Program, which is administered through the Federal Bureau of
				Justice Assistance. This procedure will encompass all administrative criteria
				for participation in that program.
(A)
				Authority to Contract with Private Sector. Subject to provisions of section
				217.090,
				RSMo, the department director has the authority to determine whether certain
				governmental, private or not-for-profit activities could be conducted on the
				grounds of an institution while being compatible with the services of that
				facility.
(B) Lease of
				Building/Land.
1. Subject to provisions of
				section
				217.090,
				RSMo, the director may lease space and/or one (1) or more buildings or portions
				of buildings on the grounds of any correctional institution, together with the
				real estate needed for reasonable access to and egress from the leased
				premises, to a private individual, corporation, partnership or other lawful
				entity for the purpose of establishing and operating a business
				enterprise.
2. The term of the
				lease is to be determined by the director with the approval of the Missouri
				Correctional Industries Advisory Board and the Joint Committee on Correctional
				Institutions and Problems. The enter-prise(s) at all times will observe the
				practices and procedures regarding security as the lease may specify or as the
				facility superintendent may temporarily stipulate during periods of emergency.
				The enterprise shall be deemed a private enterprise subject to all federal and
				state laws governing the operation of similar private business enterprises, as
				specified by the authorized contract.
(C) Employment of Inmates.
1. Upon the approval of the director, any
				lessee operating this enterprise may employ and discharge from employment
				selected inmates of the correctional institution where the enterprise is
				operated or from other institutions in close proximity.
2. Inmate participation in these operations
				is strictly voluntary. Inmates assigned to an enterprise are subject to all
				departmental and divisional rules in addition to rules promulgated by the
				authorized contractor. Inmate workers will agree in advance to wage deductions
				and all other financial arrangements.
3. Inmates employed in these operations will
				be covered by Workers' Compensation insurance, specified in the contract as a
				responsibility of the authorized contractor.
(D) Wages.
1. The department director will obtain
				written assurances from the Missouri Department of Labor and Industrial
				Relations that inmate worker compensation plans, including wages, bonus and
				piece work rates are comparable to wages paid for work of a similar nature in
				the locality in which the work is performed. In the absence of work of a
				similar nature, inmate compensation from wages or piece rates may not be less
				than the federal minimum wage.
2.
				The department director will obtain written assurances from the Missouri
				Department of Labor and Industrial Relations which stipulate that paid inmate
				employment will not result in displacement of employed workers, be applied in
				skills, crafts or trades in which there is a surplus of available gainful labor
				in the locality or impair existing contracts for services.
(E) Deduction from Wages.
1. Subject to the provisions of section
				217.255,
				RSMo, the department has the authority to pay into the Crime Victims
				Compensation Fund and the fund has the authority to accept deductions from an
				inmate's compensation. Inmates assigned to an enterprise for employment
				purposes shall be required to pay a percentage of his/her wages as established
				by the department director of not less than five percent (5%) nor more than
				twenty percent (20%) of gross wages to the Crime Victims Compensation Fund,
				section
				595.045,
				RSMo.
2. Subject to the provisions
				of section
				217.260(3),
				RSMo, as provided by division rule, upon
				consent of the inmate, the director may permit inmate earnings to be used for
				the support of the inmate's family or other rightful dependents. The director
				will determine reasonable deductions from wages to include room and board;
				federal, state and Social Security taxes; and family support. All deductions
				must not total more than eighty percent (80%) of gross wages. Provisions of the
				Fair Labor Standards Act shall apply to contractual inmate workers.
(F) Consultation with Missouri
				Correctional Industries Advisory Board subject to section
				217.550,
				RSMo, consultation with representatives of the labor unions and the private
				sector will be accomplished through a review and approval of the proposed
				operations with the Missouri Correctional Industries Advisory Board.