Senate Bill No. 568
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
[Introduced February 21, 2000; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
A BILL to repeal article five-b, chapter twenty-eight of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend chapter twenty-five of said code by
adding thereto a new article, designated article seven,
relating to the manufacture and production of goods by inmates
for sale to government offices and agencies; creating the
correctional industries act of 2000; establishing industries
at correctional facilities; mandatory purchasing requirement;
exceptions; catalogues of products and articles; order of
distribution; director of correctional industries; plant
superintendent; powers of commissioner of corrections;
possible legislative appropriation; contracts and financing;
correctional industries account; prohibition or sales of goods in open market; exceptions; penalties; and severability.
Be it enacted by the Legislature of West Virginia:
That article five-b, chapter twenty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
repealed; and that chapter twenty-five of said code be amended by
adding thereto a new article, designated article seven, to read as
ARTICLE 7. CORRECTIONAL INDUSTRIES ACT OF 2000.
§25-7-1. Intent of article.
Whereas, the means now provided for the employment of inmate
labor are inadequate to furnish a sufficient number of inmates with
employment, it is hereby declared to be the intent of this article:
(a) To further provide more adequate, regular and suitable
employment for the inmates of this state, consistent with proper
(b) To further utilize the labor of inmates for
self-maintenance and for reimbursing this state for expenses
incurred by reason of their crimes and imprisonment;
(c) To effect the requisitioning and disbursement of
prison-made products directly through established state authorities
with no possibility of private profits therefrom.
§25-7-2. Citation of article.
This article may be cited as the "Correctional Industries Act
§25-7-3. Establishment of correctional industries; purpose and
The commissioner of corrections is hereby authorized to: (1)
Purchase in the manner provided by law, equipment, raw materials
and supplies; (2) engage supervisory personnel; and (3) establish
and maintain, at its correctional facilities, industries for the
utilization of services of inmates in the manufacture or production
of articles or products that may be needed for the construction,
operation, maintenance or use of any office, department,
institution or agency supported in whole or in part by this state
and the political subdivision thereof.
§25-7-4. Purchase of inmate-made goods by state agencies and
(a) On and after the effective date of this article in the
regular session of the Legislature in the year two thousand, all
offices, departments, institutions, agencies of this state, which
are supported in whole or in part by state funds, shall purchase
all of the articles or products required by them from the
commissioner of corrections if those articles or products are
produced or manufactured by correctional industries, as provided for by this article. No state office, department, institution, or
agency within the state may purchase any article or product that
is produced by correctional industries from any other source,
unless specifically excepted from the provisions of this article or
otherwise by law.
(b) All purchases of correctional industries articles or
products by state offices, department, institutions, agencies and
political subdivisions shall be made upon requisition by the proper
authority of the office, department, institution, agency or
political subdivision of requiring such articles or products.
(c) Political subdivisions of this state and other states, and
government offices of any state may purchase from the commissioner
of corrections articles or products required for their offices and
made by correctional industries.
§25-7-5. Exceptions as to mandatory purchase requirement.
Exceptions from the mandatory purchase provisions of section
four of this article may be made in any case where, in the opinion
of the secretary of the department of administration: (1) The
article, articles, product or products manufactured or produced by
correctional industries do not meet the reasonable requirements of
the requesting state office, department, institution, agency or
political subdivision; or (2) the requisition cannot be filled because of insufficient supply or other reason. No state office,
department, institution, agency, or political subdivision may evade
the intent and meaning of this section by requesting unreasonable
deadlines or slight variations from standards adopted by the
commissioner of corrections when the articles or products are
reasonably adapted to the actual needs of the office, department,
institution, agency, or political subdivision.
§25-7-6. Auditor bound by voucher or warrant; intentional
violation of article; penalty.
No voucher, certificate, or warrant issued on the state
auditor by any state office, department, institution, or agency may
be questioned by the auditor or by the state treasurer on the
grounds that the office, department, institution, or agency has
failed to comply with the provisions of this article, but if a
state office, department, institution, or agency continues to
intentionally violate the provisions of this article, after notice
from the governor to desist, such action constitutes malfeasance in
office and the person or persons responsible for the violation are
subject to suspension or removal from office.
§25-7-7. Catalogues of articles and products made and produced.
The commissioner of corrections shall: (i) Cause to be
prepared, annually, at times he or she determines, catalogues containing a description of all articles and products manufactured
or produced pursuant to the provisions of this article; (ii) send
copies of such catalogue to all offices, departments, institutions
and agencies of this state; and (iii) make the same accessible to
all political subdivisions of this state. At least thirty days
before the commencement of each fiscal year, the proper official of
each such office, department, institution, or agency, shall report
to the commissioner of corrections estimates for such fiscal year
of the kind and amount of articles and products reasonably
required for the ensuring year, referring to the catalogue issued
by the commissioner of corrections insofar as the requested
articles and products are included in the catalogue.
§25-7-8. Order of distribution of articles and products.
The articles and products manufactured or produced by
correctional industries in accordance with the provisions of this
article shall be devoted, first, to fulfilling the requirements of
the offices, departments, institutions and agencies which are
supported, in whole or in part, by this state and, secondly, to
supply the political subdivisions of this state.
§25-7-9. Director of correctional industries; pricing; purchasing;
The commissioner of corrections shall appoint a director of correctional industries.
The director of correctional industries shall determine the
prices at which all articles or products manufactured or produced
by correctional industries are furnished. Prices shall be uniform
and nondiscriminating to all, and shall be as near the usual market
price for those articles or products as is practicable. The
director of correctional industries shall also purchase supplies,
services and equipment for correctional industries in accordance
with the rules established by the department of administration.
Further, the director of correctional industries shall
annually produce detailed financial reports in accordance with
generally accepted accounting principles at the close of each
fiscal year on the financial position of the correctional
industries operation. The director of correctional industries
shall verify such reports within thirty days after the end of such
last preceding year.
§25-7-10. Plant superintendent; semi-annual estimate of needs.
The commissioner of corrections shall appoint a plant
superintendent for the correctional industries program at each
state production facility. Each plant superintendent shall
semi-annually make an estimate and detailed statement of all
materials, machinery, fixtures, tools or other appurtenances or accommodations, and the cost thereof, which will in his or her
judgment be necessary for carrying on the activities authorized by
this article at that production facility for the next ensuring
year, or which in his or her judgment should be contracted for
during the ensuring year. Every estimate shall be forwarded to the
director of correctional industries for consideration and proper
action relative thereto, at least forty-five days before the
beginning of that ensuing six-month period.
§25-7-11. Powers of the commissioner of corrections.
The commissioner of corrections has those powers that are
necessary to implement the provisions of this article to provide
for the administration and procedure necessary for such
implementation. To this end, the commissioner is authorized to
cause to be purchased raw materials, supplies, services and
equipment necessary for the production and timely delivery of
articles and products produced by correctional industries. The
commissioner shall develop policies and procedures to ensure that
purchases made for the benefit of correctional industries programs
are, to the extent practicable, at the lowest possible price while
ensuring quality of material and timely delivery thereof.
§25-7-12. Legislative appropriation for buildings, equipment,
etc.; contracts and financing.
In order to carry out the provisions of this article, the
Legislature may appropriate moneys out of the state fund, general
revenue, and, if so, the commissioner of corrections is authorized
to expend such moneys from an appropriation as may be necessary to
erect buildings; purchase equipment; procure tools, supplies and
materials; purchase, install or replace equipment, employ
personnel; and otherwise defray the necessary expenses incident to
the employment of inmates as provided in this article. Further, to
aid in these purposes, the commissioner of corrections is empowered
to enter into contracts and agreements with any person or persons
for the acquisition or purchase of equipment, tools, supplies and
materials, through the department of administration in accordance
with its contract and financing rules and procedures. The
aggregate amount of such purchases or acquisitions shall not exceed
five million dollars, such amounts to be payable solely out of the
revenues derived from the activities authorized by this article.
Nothing in this section shall be so construed or interpreted as to
authorize or permit the incurring of a state debt of any kind or
nature as contemplated by the constitution of this state.
§25-7-13. Correctional industries account.
All moneys collected by the commissioner of corrections from
the sale or disposition of articles and products manufactured or produced by inmate labor in accordance with the provisions of this
article, shall be forthwith deposited with the state treasurer to
be kept and maintained as a special revolving account designated
the "correctional industries account" and such moneys so collected
and deposited shall be used primarily for the purchase of
manufacturing supplies, equipment, machinery, materials, and
operational costs related to the purposes of this article, as well
as for the payment of the necessary personnel in charge thereof.
It shall be the responsibility of the warden to supply the
correctional industries programs, within each correctional
facility, an inmate labor pool, security, space and utilities. The
director of correctional industries shall provide to the
commissioner of corrections, not later than July thirtieth of each
year, a profit and loss financial statement for its operation of
the prior fiscal year, July first through June thirtieth. The
correctional industries account shall never be maintained in excess
of the amount necessary to efficiently and properly carry out the
intentions of this article, and in no event may the correctional
industries account be maintained in excess of one million dollars.
Profits above the amount necessary to efficiently and properly
carry out the intention of this article as determined by the
commissioner of corrections shall be deposited into a special revenue account to be appropriated by the Legislature for the
purposes of offsetting operational costs at the division of
corrections and or building, equipment, land costs or to offset any
plan for salary advancement for all correctional employees and to
otherwise defray the necessary expenses incident thereto, all of
which are under the direction and subject to the approval of the
commissioner of corrections.
§25-7-14. Sale of prison-made goods in open market prohibited;
(a) Subject to the provisions of subsections (b) and (c) of
this section, it is unlawful to sell or offer for sale on the open
market any articles or products manufactured or produced wholly by
inmates of this state, or any other state, except inmates or
prisoners on parole or probation. This provision does not apply to
the sale of products made with waste tires: Provided, That any use
of waste tires shall comply with applicable laws and rules of the
division of highways and division of environmental protection:
Provided, however, That any products made by inmates from waste
tires and sold on the open market, pursuant to a contract with the
division of highways, must be competitively priced with privately
produced goods of the same nature in the state of West Virginia
and may not be sold at a loss: Provided further, That any profits earned from the sale of products made by inmates from waste tires
shall be distributed to the correctional industries fund to
reimburse all moneys expended in the collection of waste tires and
the production of waste tire products, including a reasonable
amount to be set aside for the periodic replacement of outdated,
obsolete or inoperable machinery or equipment used in collection or
(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, shall be punished by
a fine of not less than two hundred dollars nor more than five
thousand dollars, or by imprisonment in a state correctional
facility not less than three months nor more than one year, or by
both fine and imprisonment. Each sale or offer for sale shall
constitute a separate offense under this section.
(c) Notwithstanding the provisions of subsection (a) of this
section, any articles or products manufactured or produced, wholly
or in part, by inmates of West Virginia correctional facilities
which are designed and intended to be used solely by blind and
handicapped persons, including, but not limited to, braille books
and reading materials, may be sold or offered for sale or
distributed on the open market by the division of corrections,
other state department or agency.
(d) Notwithstanding the provisions of subsection (a) of this
section, arts and crafts produced by inmates may be sold to the
general public by the division of corrections or by other agencies
or departments of state government as the commissioner of
corrections may designate. The arts and crafts may be sold only
on a consignment basis so that inmates whose arts and crafts
products are sold shall receive payment for the products. The
payments shall be deposited in the accounts or funds and managed in
a manner as provided by section six, article five of this chapter:
Provided, That where the division of corrections or any other
agency or department of state government provides any materials
used in the production of an arts and crafts product, the fair
market value of the materials may be deducted from the account
of the individual inmate after the sale of the product. For
purposes of this section, "arts and crafts" means articles produced
individually by artistic or craft skill such as, but not limited
to, painting, sculpture, pottery and jewelry.
Any person who willfully violates any of the provisions of
this article, except for section fifteen is guilty of a misdemeanor
and, upon conviction, shall be confined in a regional or county
jail for not less than ten days nor more than one year, or fined not less than ten dollars nor more than five hundred dollars, or
both, in the discretion of the court.
§25-7-16. Provisions of act severable.
If any section, subsection, provision or sentence of this act
or the application thereof to any person, or any circumstance, is
held invalid, the remainder of the act and the application of any
such section, subsection, provision or sentence to other persons or
circumstances is not affected thereby.
§25-7-17. Inconsistent acts repealed.
All acts and parts of acts inconsistent with this article are
hereby repealed; however, this article is to be considered as
supplementary, or in addition to other provisions of law now
existing relative to the employment of inmates.
NOTE: The purpose of this bill is to enact the "Correctional
Industries Act of 2000" by updating the provisions of the
Prison-made Goods Act of 1939.
This is a new article; therefore, strike-throughs and
underscoring are omitted.