Text: SF00352 Text: SF00354 Text: SF00300 - SF00399 Text: SF 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 institutionsmayshall be required to 1 5 performany proper and reasonable servicehard labor which is 1 6 suited totheirthe inmate's age, gender, physical and mental 1 7 condition, strength, and attainments, for the benefit of the1 8institutions or the welfare of the inmates, eitherin the 1 9 institutions proper,orin the industries established in 1 10 connection withthemthe institutions, or at such other places 1 11 as may be determined by the director. When an inmate of an 1 12 institution is working outside the institution proper, the 1 13 inmate shall be deemed at all times to be in the actual 1 14 custody of the superintendent of the institution. Inmates 1 15 performing hard labor shall be attired in brightly colored 1 16 uniforms that readily identify them as inmates of correctional 1 17 institutions. The employment of inmates in hard labor shall 1 18 not displace employed workers, shall not be applied to skills, 1 19 crafts, or trades in which a local surplus of labor exists, 1 20 and shall not impair existing contracts for employment or 1 21 services. 1 22 2. The director may when practicable pay the inmate an 1 23 allowance as the director deems proper in view of the 1 24 circumstances, and in view of the cost attending the 1 25 maintenance of the inmate. The allowance is a gratuitous 1 26 payment and is not a wage arising out of an employment 1 27 relationship. The payment shall not exceed the amount paid to 1 28 free labor for a like or equivalent service. 1 29 3. For purposes of this section, "hard labor" means 1 30 physical labor performed by an inmate for at least forty hours 1 31 each week, which may include useful and productive work, 1 32 educational or treatment programs, chain gangs, menial labor, 1 33 any training necessary to perform any work required, and, if 1 34 possible, work providing an inmate with marketable vocational 1 35 skills. "Hard labor" does not include labor that is dangerous 2 1 to an inmate's life or health, unduly painful, or required to 2 2 be performed under conditions that would violate occupational 2 3 safety and health standards applicable to such labor if 2 4 performed by a person who is not an inmate. 2 5 4. Notwithstanding subsection 1, an inmate who has been 2 6 determined by the director to be unsuitable for the 2 7 performance of hard labor due to the inmate's age, gender, 2 8 physical or mental condition, strength, or security risk shall 2 9 not be required to perform hard labor. 2 10 5. The department shall adopt rules to implement this 2 11 section. 2 12 EXPLANATION 2 13 This bill requires all inmates of institutions under the 2 14 control of the department of corrections, who are determined 2 15 to be suitable to perform work, to perform hard labor. Hard 2 16 labor is defined to mean physical labor performed by the 2 17 inmate for at least forty hours each week, which may include 2 18 useful and productive work, chain gangs, menial labor, 2 19 education and treatment programs, and training necessary to 2 20 perform any work required. Hard labor, if possible, is to 2 21 provide the inmate with marketable vocational skills. Hard 2 22 labor is not to include labor which is dangerous to an 2 23 inmate's life or health, which is unduly painful, or which is 2 24 required to be performed under conditions that would violate 2 25 applicable occupational safety and health standards. Inmates 2 26 performing hard labor are to be dressed in brightly colored 2 27 uniforms. Work performed by inmates is not to displace local 2 28 workers or to be in an occupation, craft, or trades in which 2 29 there is a local surplus. 2 30 LSB 2576SV 76 2 31 lh/jw/5
Text: SF00352 Text: SF00354 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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