Text: HF00214 Text: HF00216 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 904.701, Code 1995, is amended to read 1 2 as follows: 1 3 904.701 SERVICES REQUIRED &endash; GRATUITOUS ALLOWANCES. 1 4 1.Inmates of the institutions mayAn inmate of an 1 5 institution shall be required to performany proper and1 6reasonable servicehard labor which is suited totheirthe 1 7 inmate's age, gender, physical and mental condition, strength, 1 8 and attainments, for the benefit of the institutions or the1 9welfare of the inmates, eitherin theinstitutionsinstitution 1 10 proper,orin the industries established in connection with 1 11themthe institution, or at such other places as may be 1 12 determined by the director. Substantially equivalent hard 1 13 labor programs shall be available to both male and female 1 14 inmates. When an inmate of an institution is working outside 1 15 the institution proper, the inmate shall be deemed at all 1 16 times to be in the actual custody of the superintendent of the 1 17 institution. Inmates performing hard labor on chain gangs at 1 18 a location other than within or on the grounds of a 1 19 correctional institution shall be attired in brightly colored 1 20 uniforms that readily identify them as inmates of correctional 1 21 institutions. Inmates performing other types of hard labor at 1 22 locations other than within or on the grounds of a 1 23 correctional institution may also be required by the 1 24 department to wear the brightly colored uniforms. Inmates not 1 25 required to wear brightly colored uniforms while performing 1 26 hard labor shall be otherwise clearly designated as inmates of 1 27 correctional institutions. The employment of inmates in hard 1 28 labor shall not displace employed workers, shall not be 1 29 applied to skills, crafts, or trades in which a local surplus 1 30 of labor exists, and shall not impair existing contracts for 1 31 employment or services. 1 32 2. The director may when practicable pay the inmate an 1 33 allowance as the director deems proper in view of the 1 34 circumstances, and in view of the cost attending the 1 35 maintenance of the inmate. The allowance is a gratuitous 2 1 payment and is not a wage arising out of an employment 2 2 relationship. The payment shall not exceed the amount paid to 2 3 free labor for a like or equivalent service. 2 4 3. For purposes of this section, "hard labor" means 2 5 physical or mental labor which is performed for a period of 2 6 time which shall average, as nearly as possible, forty hours 2 7 each week, and may include useful and productive work, chain 2 8 gangs, menial labor, substance abuse or sex offender treatment 2 9 programs, any training necessary to perform any work required, 2 10 and, if possible, work providing an inmate with marketable 2 11 vocational skills. "Hard labor" does not include labor which 2 12 is dangerous to an inmate's life or health, is unduly painful, 2 13 or is required to be performed under conditions that would 2 14 violate occupational safety and health standards applicable to 2 15 such labor if performed by a person who is not an inmate. 2 16 4. Notwithstanding subsection 1, an inmate who has been 2 17 determined by the director to be unsuitable for the 2 18 performance of hard labor due to the inmate's age, gender, 2 19 physical or mental condition, strength, or security status 2 20 shall not be required to perform hard labor. 2 21 5. The department shall adopt rules to implement this 2 22 section. 2 23 Sec. 2. DEVELOPMENT OF PLAN AND TRANSITION TO FULL WORK 2 24 PROGRAMMING BY DEPARTMENT. Notwithstanding section 1 of this 2 25 Act, the department of corrections shall not be required to 2 26 fully implement the requirements of section 904.701, until 2 27 July 1, 1997. However, the department shall develop and 2 28 implement a plan in consultation with state and local agencies 2 29 and members of the private sector, which provides for the 2 30 incremental implementation of the hard labor requirements 2 31 contained in section 904.701, for each inmate who is 2 32 physically and mentally able to perform hard labor and does 2 33 not present an unreasonable security status, and who is not 2 34 currently engaged in labor meeting the requirements. The plan 2 35 shall provide for implementation of hard labor work programs 3 1 during the interval of time between the effective date of this 3 2 Act and July 1, 1997, with full implementation of the 3 3 requirements of section 904.701 by July 1, 1997, and may 3 4 provide for the performance of work by inmates both inside and 3 5 outside of the institutions under the control of the 3 6 department. The plan shall include a procedure for the 3 7 determination of suitability of an inmate for the performance 3 8 of hard labor and, if an inmate is found to be suitable, the 3 9 placement of the inmate in an appropriate hard labor program. 3 10 In selecting and developing work programs which are included 3 11 within the plan, the department shall choose work programs 3 12 which would require minimal additional administrative costs, 3 13 which minimize the need for additional personnel, and which 3 14 minimize the security risks to the general public. The 3 15 department shall submit a report to the general assembly on 3 16 January 1, 1996, outlining the progress made towards 3 17 implementation of this Act. The department shall also file a 3 18 copy of the completed plan with the general assembly on 3 19 January 1, 1997. 3 20 HF 215 3 21 lh/pk/25
Text: HF00214 Text: HF00216 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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