§ 761. Offender Work Programs Board

(a) Offender Work Programs Board established. An Offender Work Programs Board is established for the purpose of advising the Commissioner on the use of offender labor for the public good. The Board shall base its considerations and recommendations to the Commissioner on a review of plans for offender work programs pursuant to subsection (b) of this section, and on other information as it deems appropriate.

(1) The Board shall consist of nine members, each appointed by the Governor for a three-year term or until a successor is appointed, as follows:

(A) four representatives of customers of the products and services of offender work programs, two of whom shall represent public sector customers, and two of whom shall represent private nonprofit organization customers;

(B) three representatives of private business organizations;

(C) one representative of labor or labor organizations; and

(D) one at-large member.

(2) The Governor shall appoint a chair and vice chair, each of whom shall serve for one year or until a successor is appointed.

(3) [Repealed.]

(4) The Board may, with the Commissioner's approval of funds, hire by contract such persons the Board deems necessary to provide it with administrative and staff support.

(5) All Board members shall be reimbursed from the special fund established by section 752 of this title for per diem and expenses incurred in the performance of their duties pursuant to 32 V.S.A. § 1010.

(b) Review of the annual report and two-year plan. In reviewing the annual report and two-year plan submitted by the Director of Offender Work Programs as required by subsection 751b(f) of this title, and forming its recommendations concerning them to the Commissioner, the Board shall:

(1) Assure itself that the plan is informed by thorough and accurate analysis of private business activity in the specific market segments concerned, for which purpose the Board may, with the Commissioner's approval of funds, hire by contract such persons the Board deems necessary to assist it in analyzing the plan. The Board shall also conduct public hearings to hear from members of the public or from potentially affected private businesses and labor groups.

(2) [Repealed.]

(3) Make publicly known and available its recommendations for offender work programs operations.

(c) Offender work programs expansion. The Vermont Correctional Industries component of the offender work programs shall not expand into an existing market until the Commissioner has done all of the following:

(1) Evaluated the impact of expansion on private sector business.

(2) Notified the Offender Work Programs Board of the proposal.

(3) Obtained the Board's written suggestions, comments, and recommendations concerning the proposal. Five members of the Board at a scheduled and warned Board meeting may vote to disapprove any proposed expansion not involving the provisions of the federally authorized Prison Industries Enhancement Program, and such vote shall be binding on the Department. (Added 1997, No. 62, § 44, eff. June 26, 1997; amended 1997, No. 152 (Adj. Sess.), § 12; 1999, No. 148 (Adj. Sess.), § 60, eff. May 24, 2000; 2009, No. 33, § 52; 2009, No. 67 (Adj. Sess.), § 96, eff. Feb. 25, 2010.)