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The Florida Senate

1998 Florida Statutes

946.006  Correctional work programs.--

(1)  The Department of Corrections shall adopt and put into effect an agricultural and industrial production and marketing program to provide training facilities for persons confined in the adult correctional institutions under the control and supervision of the department. The emphasis of this program shall be to provide inmates with useful work experience, on a full-time basis when feasible, and appropriate job skills that will facilitate their reentry into society and provide an economic benefit to the public and the department through effective utilization of inmates.

(2)  The department is authorized to cause to be manufactured, processed, or produced by the inmates of the adult correctional institutions under the control and supervision of the department such items as are practical and adaptable for prison industry and are needed and used in state institutions and agencies and in other governmental jurisdictions of the state. The department shall give priority to the implementation of those activities and services that will directly assist in reducing the reliance of the department upon external sources of supply in the areas of agriculture, animal husbandry, and the allied craft trades that are capable of producing a fiscal benefit to the state and which will facilitate self-sufficiency for the inmate, the department, and other units of government.

(3)  The department is authorized to contract with the private sector for substantial involvement in a prison industry program which includes the operation of a direct private sector business within a prison and the hiring of inmate workers. The corporation acting on behalf of the state to operate prison industries established pursuant to part II is also authorized to contract with the private sector for substantial involvement in a prison industry program pursuant to this act, if said contract is approved by the department. Any contract authorized by this subsection shall be in compliance with federal law and shall not result in the significant displacement of employed workers in the community. The purposes and objectives of this program shall be to:

(a)  Increase benefits to the general public by reimbursement to the state for a portion of the costs of incarceration.

(b)  Provide purposeful work for inmates as a means of reducing tensions caused by overcrowding.

(c)  Increase job skills.

(d)  Provide additional opportunities for rehabilitation of inmates who are otherwise ineligible to work outside the prisons, such as maximum security inmates.

(e)  Develop and establish new models for prison-based businesses which create jobs approximating conditions of private sector employment.

(f)  Draw upon the economic base of operations for disposition to the Crimes Compensation Trust Fund.

(g)  Substantially involve the private sector with its capital, management skills, and expertise in the design, development, and operation of businesses.

(h)  Provide the financial basis for an inmate to contribute to the support of his or her family.

(i)  Provide for the payment of state and federal taxes on an inmate's wages, which are paid at the rate of the prevailing or minimum wage rate.

(j)  Provide savings for the inmate to have available for his or her use upon the inmate's eventual release from prison.

(4)  Notwithstanding any other law to the contrary, including s. 440.15(9), private sector employers shall provide inmates participating in correctional work programs under subsection (3) with workers' compensation coverage, and inmates shall be entitled to the benefits of such coverage. Nothing in this subsection shall be construed to allow inmates to participate in unemployment compensation benefits.

(5)  The department shall consult with the Florida Corrections Commission regarding its policies and procedures for the development and implementation of the programs authorized under this section. Upon the request of the department, the commission may provide recommendations to the department regarding proposals from companies interested in participating in correctional work programs.

History.--s. 6, ch. 57-213; ss. 19, 35, ch. 69-106; s. 2, ch. 72-24; s. 3, ch. 76-273; s. 1, ch. 94-155; s. 34, ch. 95-283; s. 41, ch. 96-312; s. 1867, ch. 97-102.

Note.--Former s. 945.06.