§ 42-56-21. Labor of prisoners committed for criminal offense, qui tam, penal action, or failure
to give recognizance.
(a) All persons imprisoned in the adult correctional institutions on account of their
conviction of any criminal offense, or on execution issued in any qui tam or penal
action, or for not giving the recognizance required of them to keep the peace upon
complaint for threats, shall be let or kept at labor therein or on the institution
lot or in some building thereon, for the benefit of the state, in any manner, under
a contract and subject to any rules, regulations, and discipline that the director,
or the director's designee, may make; provided, however, that for the purposes of
furthering the rehabilitation of persons concerned and upon the unanimous recommendation
of at least three (3) of the five (5) members of the classification board, provided
for by § 42-56-30 and upon the approval of the director, or the director's designee, an inmate imprisoned
on account of his or her conviction of a criminal offense, not a sex offense involving
minors, who has served at least one-sixth (â…™) of his or her sentence, or who, in the
case of a person serving a life sentence from his or her parole eligibility date and
as to whom there is reasonable cause to believe he or she will honor his or her trust,
may be permitted to work at paid employment for his or her own benefit or participate
in a training or educational program within or without the state on a voluntary basis
outside of the institution lot at any time and under any conditions and restrictions
as the director, or the director's designee, may impose and subject to recall by the
director, or the director's designee, while continuing as a prisoner at the adult
correctional institutions, provided that:
(1) Representatives of local union central bodies or similar labor organizations are consulted;
(2) The paid employment will not result in the displacement of employed workers or in
the supplanting of work regularly performed by the workforce. It shall not be an unfair
labor practice to utilize prisoners to perform labor at outdoor work sites in conjunction
with unionized employees;
(3) No person sentenced to life for murder shall be placed in a work release program until
that person has served a minimum number of ten (10) years.
(b) The director, or the director's designee, may at any time recall a prisoner from that
release status if he or she believes or has reason to believe the peace, safety, welfare,
or security of the community may be endangered by the prisoner being under that release
status. Any prisoner recalled under this provision shall be presented to the next
regularly scheduled meeting of the classification board for their further consideration.
(c) A prisoner authorized to work at paid employment within or without the state under
this section shall be required to pay court ordered restitution and pay any court
ordered fines and costs and may be required to pay, and the director, or the director's
designee, is authorized to collect the costs incident to the prisoner's confinement
as the director, or the director's designee, deems appropriate and reasonable. Collections
for costs incident to a prisoner's confinement shall be deposited with the treasurer
as a part of the general revenue of the state. Collections made pursuant to a court
order shall be deposited with the registry of the court.
(d) All persons committed to the adult correctional institutions pursuant to an order
of contempt issued by a court of this state may be permitted to work at paid employment
for their own benefit or participate in a training or educational program within or
without the state on a volunteer basis outside of the institution lot at any time
and under any conditions and restrictions that the director, or the director's designee,
may impose and subject to recall by the director, or the director's designee, in accordance
with the provisions of this section.
(e) Prior to releasing an inmate into a work release program, the department shall check
with the bureau of criminal investigation (BCI) of the department of the attorney
general to ensure that the prospective employer has no felony record. No inmate shall
be released to an employer who has a felony record. "Employer� as used in this section
shall include the president of a corporation, or any partners in a partnership, and
the chief supervisory person at the site where the inmate will be employed and the
person having direct supervisory authority over the inmate.