53-30-132. (Temporary) Inmate participation and status in prison work programs -- Montana correctional enterprises prison industries training program -- wages and benefits. (1) Able-bodied persons committed to a state prison as adult offenders may be required to perform work as provided for by the department of corrections, including work in the Montana correctional enterprises prison industries training program involving the manufacture of products or the rendering of services. In order to ensure the public safety, the department may secure inmates performing work.

(2) The Montana correctional enterprises prison industries training program may:

(a) obtain federal certification, as required by federal law, of specific prison industries programs in order to gain access to interstate markets for prison industries products;

(b) print catalogs describing goods manufactured or produced by prison industries and distribute the catalogs;

(c) fix the sale price for goods produced or manufactured by prison industries. Prices may be set according to market standards and prices for goods or services of comparable quality. The price of products must include the cost of all raw materials and labor used to manufacture or produce the product.

(d) require a correctional facility to purchase needed goods and services from the Montana correctional enterprises program.

(3) The Montana correctional enterprises program may:

(a) pay an inmate from receipts from the sale of products produced or manufactured or services rendered in a program in which the inmate is working;

(b) collect 15% of the gross wages paid to an inmate employed in a federally certified prison industries program to satisfy any unpaid court-ordered obligations, including restitution on previously discharged sentences for which restitution remains owing. If the inmate's court-ordered obligations have been fully paid or no restitution was ordered, the Montana correctional enterprises program shall collect 15% of the gross wages paid to an inmate for transfer quarterly to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113.

(c) collect charges for room and board from an inmate employed in a federally certified prison industries program. The Montana correctional enterprises program shall deposit inmates' room and board charges into its enterprise fund to help defray the cost of prison industries training programs.

(4) While engaged in on-the-job training and production, inmates not employed in a federally certified prison industries program may be paid a wage in accordance with subsection (5). Inmates employed in a federally certified prison industries program must be paid as provided in subsection (5)(b).

(5) (a) Except as provided in subsection (5)(b), the maximum rate of pay must be determined by the appropriation established for the program, and payment for the performance of work may be based on the following criteria:

(i) knowledge and skill;

(ii) attitude toward authority;

(iii) physical effort;

(iv) responsibility for equipment and materials; and

(v) regard for safety of others.

(b) Inmates employed in a federally certified prison industries program must be paid the federal minimum wage or be paid at a rate not less than the rate paid for similar work in the locality where the inmate performs the work as determined by the federal bureau of justice.

(6) Premiums for workers' compensation and occupational disease coverage for federally certified prison industries programs must be paid by the Montana correctional enterprises prison industries training program or by the department of corrections. If the department of corrections pays the premium, reimbursement for premium payments for workers' compensation and occupational disease coverage must be made to the department of corrections by the private company contracting with the federally certified prison industries program for services and products.

(7) Inmates not working in a federally certified prison industries program are not employees, either public or private, and employment rights accorded other classes of workers do not apply to the inmates. Inmates working in a federally certified prison industries program are entitled to coverage and benefits as provided in 39-71-744. (Terminates June 30, 2021--sec. 27, Ch. 285, L. 2015; sec. 1, Ch. 292, L. 2015.)

53-30-132. (Effective July 1, 2021) Inmate participation and status in prison work programs -- Montana correctional enterprises prison industries training program -- wages and benefits. (1) Able-bodied persons committed to a state prison as adult offenders may be required to perform work as provided for by the department of corrections, including work in the Montana correctional enterprises prison industries training program involving the manufacture of products or the rendering of services. In order to ensure the public safety, the department may secure inmates performing work.

(2) The Montana correctional enterprises prison industries training program may:

(a) obtain federal certification, as required by federal law, of specific prison industries programs in order to gain access to interstate markets for prison industries products;

(b) print catalogs describing goods manufactured or produced by prison industries and distribute the catalogs;

(c) fix the sale price for goods produced or manufactured by prison industries. Prices may be set according to market standards and prices for goods or services of comparable quality. The price of products must include the cost of all raw materials and labor used to manufacture or produce the product.

(d) require a correctional facility to purchase needed goods and services from the Montana correctional enterprises program.

(3) The Montana correctional enterprises program may:

(a) pay an inmate from receipts from the sale of products produced or manufactured or services rendered in a program in which the inmate is working;

(b) collect 15% of the gross wages paid to an inmate employed in a federally certified prison industries program to satisfy any unpaid court-ordered obligations, including restitution on previously discharged sentences for which restitution remains owing. If the inmate's court-ordered obligations have been fully paid or no restitution was ordered, the Montana correctional enterprises program shall collect 15% of the gross wages paid to an inmate for transfer quarterly to the crime victims compensation and assistance program in the department of justice for deposit in the state general fund as provided in Title 53, chapter 9, part 1.

(c) collect charges for room and board from an inmate employed in a federally certified prison industries program. The Montana correctional enterprises program shall deposit inmates' room and board charges into its enterprise fund to help defray the cost of prison industries training programs.

(4) While engaged in on-the-job training and production, inmates not employed in a federally certified prison industries program may be paid a wage in accordance with subsection (5). Inmates employed in a federally certified prison industries program must be paid as provided in subsection (5)(b).

(5) (a) Except as provided in subsection (5)(b), the maximum rate of pay must be determined by the appropriation established for the program, and payment for the performance of work may be based on the following criteria:

(i) knowledge and skill;

(ii) attitude toward authority;

(iii) physical effort;

(iv) responsibility for equipment and materials; and

(v) regard for safety of others.

(b) Inmates employed in a federally certified prison industries program must be paid the federal minimum wage or be paid at a rate not less than the rate paid for similar work in the locality where the inmate performs the work as determined by the federal bureau of justice.

(6) Premiums for workers' compensation and occupational disease coverage for federally certified prison industries programs must be paid by the Montana correctional enterprises prison industries training program or by the department of corrections. If the department of corrections pays the premium, reimbursement for premium payments for workers' compensation and occupational disease coverage must be made to the department of corrections by the private company contracting with the federally certified prison industries program for services and products.

(7) Inmates not working in a federally certified prison industries program are not employees, either public or private, and employment rights accorded other classes of workers do not apply to the inmates. Inmates working in a federally certified prison industries program are entitled to coverage and benefits as provided in 39-71-744.

History: En. Sec. 1, Ch. 3, Sp. L. 1982; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 4, Ch. 471, L. 1993; amd. Sec. 11, Ch. 372, L. 1995; amd. Sec. 512, Ch. 546, L. 1995; amd. Sec. 5, Ch. 315, L. 1997; amd. Sec. 5, Ch. 513, L. 1997; amd. Sec. 16, Ch. 491, L. 1999; amd. Sec. 9, Ch. 118, L. 2001; amd. Sec. 8, Ch. 272, L. 2003; amd. Sec. 4, Ch. 312, L. 2009; amd. Sec. 11, Ch. 374, L. 2009.