|BILL AS INTRODUCED||2007-2008|
Introduced by Representative Emmons of Springfield
Subject: Corrections; offender work programs board
Statement of purpose: This bill proposes to eliminate the offender work programs board.
AN ACT RELATING TO ELIMINATION OF THE OFFENDER WORK PROGRAMS BOARD
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 28 V.S.A. § 751b is amended to read:
§ 751B. general provisions governing offender work
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commissioner shall establish written guidelines governing the hours and
conditions of offender work, and the rates of compensation of offenders for
employment. Wage payments of offenders shall be set aside in a separate fund. The
guidelines of the department may provide for the making of deductions from
wages of offenders to defray part or all of the cost of offender maintenance or
payments to victims of crime. The guidelines may also provide for the setting
aside by the department of a portion of an offender's wages to enable the offender
to contribute to the support of his or her dependents, if any, to make
necessary purchases from a commissary, to purchase approved books, instruments
and instruction not supplied by a correctional facility and to set aside sums
to be paid to the offender upon release from the custody or supervision of the
commissioner. Any interest which accrues from these wages during the period of
such custody of an offender shall be credited to any fund maintained by the
correctional facility for the welfare of offenders. The commissioner shall
annually, by January 1, provide a current copy of any guidelines promulgated
under this section to the chairs of the senate and house committees on
and the offender work programs board established under section
761 of this title.
(d) The labor, work product, or time of an offender may be sold, contracted, or hired out by the state only:
(1) To the federal government.
any state or political subdivision of a state, or to any nonprofit organization
which is exempt from federal or state income taxation, subject to federal law,
to the laws of the recipient state and to the rules of the department. The
director of work offender programs shall annually, by January 1, submit to the
chairs of the senate and house committees on institutions
and to the
offender work programs board a list of any such nonprofit organizations
receiving goods or services in the prior and current fiscal year. Five
members of such board at a scheduled and warned board meeting may vote to
disapprove any future sales of offender produced goods or services to any
nonprofit organization and such vote shall be binding on the department.
any private person or enterprise not involving the provision of the
federally authorized Prison Industries Enhancement Program , provided
that the offender work programs board shall first determine that the offender
work product in question is not otherwise produced or available within the
state. Five members of the such board at a scheduled and warned board meeting
may vote to disapprove any future sales of offender produced goods or services
to any person or entity not involving the provisions of the
federally-authorized Prison Industries Enhancement Program and such vote shall
be binding on the department.
(4) To charitable organizations where the offender work product is the handicraft of offenders and the commissioner has approved such sales in advance.
(5) To political subdivisions of the state, community organizations, private persons or enterprises when the governor has authorized the work of offenders as necessary and appropriate as a response to a civil emergency.
work programs managers shall seek to offset production, service and related
costs from product and service sales; however, this financial objective of
offsetting the costs to the department of servicing and supervising offender
work programs shall not be pursued to the detriment of accomplishing the
purposes of offender work programs set out in subsection (a) of this section or
to the detriment of private businesses
as safeguarded by section 761 of this
(f) Annual report and two-year work programs plan. Annually by
October 1, the director of
offender work programs shall submit to
the offender work programs board, and
to the chairs of the house and senate committees on institutions, a written
report on all offender work program activities authorized under this section
for the previous fiscal year and a two-year plan for the current and future fiscal
(1) The annual report shall include, but not be limited to, appropriations, income, production costs, offender injury compensation, prices as they relate to enterprise performance, depreciation of equipment, capital expanses, the status and progress of vocational training programs for offenders, including the number of offenders placed in private or public sector jobs upon release from custody of the commissioner, the reasons for not expanding its operations or not developing new products and any other related operational or financial considerations.
(2) The two-year plan shall address the direction of offender work programs authorized by this section working at full capacity in the current and following fiscal years, identify recipients of offender produced goods or services, and analyze any potential impact on existing private businesses.
department of corrections shall, in any new initiative involving sales of
offender work products, seek to use the provisions of the
federally authorized Prison Industries Enhancement Program. (h) Assembled
products shall not be sold to any person, enterprise or entity unless the
offender work programs board has first reviewed any such proposed sale, and
five members of the board have voted in favor of the proposal at a scheduled
and warned meeting of the board.
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Sec. 2. 28 V.S.A. § 752 is amended to read:
§ 752. Offender work programs special fund
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expenses incurred by offender work programs
and the offender work programs
board shall be defrayed by this fund.
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(f) The joint fiscal office shall, for fiscal years 2001, 2002, and 2003:
and analyze any reports and plans required to be submitted by the department of
corrections to the legislature
or to the offender work programs board
under subsection 751b(f) of this title;
and analyze any reports and recommendations made by the department
the offender work programs board under sections section 751b and
761 of this title; and
to the chairs of the senate and house committees on institutions, the
commissioner of corrections
and the offender work programs board the
analysis by the joint fiscal office of these the report, plans,
Sec. 3. REPEAL
28 V.S.A. § 761, relating to the offender work programs board, is repealed.
The Vermont General Assembly
115 State Street