904.809  Private industry employment of inmates of correctional institutions.

1.  The following conditions shall apply to all agreements to provide private industry employment for inmates of correctional institutions:

a.  The state director and the industries board shall comply with the intent of section 904.801.

b.  An inmate shall not be compelled to take private industry employment.

c.  Inmates shall receive allowances commensurate with those wages paid persons in similar jobs outside the correctional institutions. This may include piece rating in which the inmate is paid only for what is produced.

d.  Employment of inmates in private industry shall not displace employed workers, apply to skills, crafts, or trades in which there is a local surplus of labor, or impair existing contracts for employment or services.

e.  Inmates employed in private industry shall be eligible for workers' compensation in accordance with section 85.59.

f.  Inmates employed in private industry shall not be eligible for unemployment compensation while incarcerated.

g.  The state director shall implement a system for screening and security of inmates to protect the safety of the public.

2. a.  Any other provision of the Code to the contrary notwithstanding, the state director may, after obtaining the advice of the industries board, lease one or more buildings or portions thereof on the grounds of any state adult correctional institution, together with the real estate needed for reasonable access to and egress from the leased buildings, for a term not to exceed twenty years, to a private corporation for the purpose of establishing and operating a factory for the manufacture and processing of products, or any other commercial enterprise deemed by the state director to be consistent with the intent stated in section 904.801.

b.  Each lease negotiated and concluded under this subsection shall include, and shall be valid only so long as the lessee adheres to, the following provisions:

(1)  Persons working in the factory or other commercial enterprise operated in the leased property, except the lessee's supervisory employees and necessary support personnel approved by the industries board, shall be inmates of the institution where the leased property is located who are approved for such work by the state director and the lessee.

(2)  The factory or other commercial enterprise operated in the leased property shall observe at all times such practices and procedures regarding security as the lease may specify, or as the state director may temporarily stipulate during periods of emergency.

3.  The state director with the advice of the prison industries advisory board may provide an inmate work force to private industry. Under the program inmates will be employees of a private business.

4.  Private or nonprofit organizations may subcontract with Iowa state industries to perform work in Iowa state industries shops located on the grounds of a state institution. The execution of the subcontract is subject to the following conditions:

a.  The private employer shall pay to Iowa state industries a per unit price sufficient to fund allowances for inmate workers commensurate with similar jobs outside corrections institutions.

b.  Iowa state industries shall negotiate a per unit price which takes into account staff supervision and equipment provided by Iowa state industries.

5.  An inmate of a correctional institution employed pursuant to this section shall surrender to the department of corrections the inmate's total earnings less deductions for federal, state, and local taxes, and any other payroll deductions required by law. The department of corrections shall deduct twenty percent of the balance to be credited to the inmate's general account. The department shall then deduct from the earnings remaining as follows:

a.  The department shall first deduct the following amounts in the following order of priority:

(1)  An amount the inmate may be legally obligated to pay for the support of the inmate's dependents, the amount of which shall be paid to the dependents through the department of human services collection services center.

(2)  Restitution as ordered by the court pursuant to chapter 910.

(3)  Five percent of the balance to the victim compensation fund created in section 915.94.

(4)  An amount the inmate is legally obligated to pay for any other financial obligation.

(5)  An amount determined to be the cost to the department of corrections for providing for the incarceration of the inmate.

b.  Of the balance remaining after deductions and payments required pursuant to paragraph "a", the department shall deposit in the Iowa state industries revolving fund created in section 904.813, an amount equal to the costs incurred by the fund related to the inmate's employment pursuant to this section. Any balance remaining after the deductions and payments required by this subsection shall be credited to the inmate's general account.

Section History: Early form

  [C79, 81, § 216.10]

Section History: Recent form

  85 Acts, ch 21, §10, 54

  CS85, § 246.809

  C93, § 904.809

  93 Acts, ch 46, §7; 97 Acts, ch 190, §6; 98 Acts, ch 1090, § 79, 84

Internal References

  Referred to in § 85.59, 904.805, 904.814

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