§ 904.701 — Services required — gratuitous allowances — hard labor — rules

Iowa § 904.701

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 904: DEPARTMENT OF CORRECTIONS

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1. An inmate of an institution shall be required to perform hard labor which is suited
to the inmate’s age, gender, physical and mental condition, strength, and attainments in
the institution proper, in the industries established in connection with the institution, or
at such other places as may be determined by the director. Substantially equivalent hard
labor programs shall be available to both male and female inmates. When an inmate of an
institution is working outside the institution proper, the inmate shall be deemed at all times
to be in the actual custody of the superintendent of the institution. Inmates performing hard
labor on chain gangs at a location other than within or on the grounds of a correctional
institution shall be attired in brightly colored uniforms that readily identify them as inmates
of correctional institutions. Inmates performing other types of hard labor at locations other
than within or on the grounds of a correctional institution may also be required by the
department to wear the brightly colored uniforms. Inmates not required to wear brightly
colored uniforms while performing hard labor shall be otherwise clearly designated as
inmates of correctional institutions. The employment of inmates in hard labor shall not
displace employed workers, shall not be applied to skills, crafts, or trades in which a local
surplus of labor exists, and shall not impair existing contracts for employment or services.
2. The director may when practicable pay the inmate an allowance as the director deems
proper in view of the circumstances, and in view of the cost attending the maintenance
of the inmate. The allowance is a gratuitous payment and is not a wage arising out of an
employment relationship. The payment shall not exceed the amount paid to free labor for a
like or equivalent service.
3. For purposes of this section, “hard labor” means physical or mental labor which is
performed for a period of time which shall average, as nearly as possible, forty hours each
week, and may include useful and productive work, chain gangs, menial labor, treatment or
education programs, any training necessary to perform any work required, and, if possible,
work providing an inmate with marketable vocational skills. “Hard labor” does not include
labor which is dangerous to an inmate’s life or health, is unduly painful, or is required to
be performed under conditions that would violate occupational safety and health standards
applicable to such labor if performed by a person who is not an inmate.
4. Notwithstanding subsection 1, an inmate who has been determined by the director to
be unsuitable for the performance of hard labor due to the inmate’s age, gender, physical or
mental condition, strength, or security status shall not be required to perform hard labor.
5. The department shall adopt rules to implement this section.