HOUSE BILL No. 6598

 

November 6, 2008, Introduced by Rep. Condino and referred to the Committee on Judiciary.

 

     A bill to amend 1968 PA 15, entitled

 

"Correctional industries act,"

 

by amending sections 4 and 7 (MCL 800.324 and 800.327), as amended

 

by 1996 PA 537.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. The department of corrections may do any of the

 

following:

 

     (a) Construct, use, equip, and maintain buildings, machinery,

 

boilers, and equipment that may be necessary to provide for the

 

employment of inmate labor in the state correctional institutions

 

for the manufacture of goods, wares, and merchandise and the

 

operation of services.

 

     (b) Purchase new material to be used in the manufacture of

 


goods, wares, and merchandise, and the operation of services.

 

     (c) Dispose of the manufactured products or provide services

 

in the manner provided by law.

 

     (d) Accept from a natural person, sole proprietorship,

 

partnership, corporation, association, or legal entity, other than

 

an institution, governmental agency, private vendor, tax-exempt

 

organization, or private business or individual or business

 

described in section 6, items that are labeled as obsolete to

 

disassemble for sale as scrap or for disposal. The department may

 

charge a fee for accepting items described in this subdivision and

 

may refuse to accept any items. Materials recovered after

 

disassembly or demanufacturing shall not be used in any form or for

 

any purpose other than sale for scrap value or disposal. Any

 

proceeds from a sale for scrap value shall be credited to the

 

correctional industries revolving fund.

 

     (e) (d) Continue to use and maintain the buildings, machinery,

 

boilers, and equipment in the manufacture of goods, wares, and

 

merchandise in the manner in the operation on April 5, 1968 and use

 

the facilities in the operation of service programs.

 

     (f) (e) Recruit and employ agents and assistants through the

 

department of civil service as may be necessary to carry out the

 

purposes of this act and recommend to the department of civil

 

service classes and selection procedures that recognize the unique

 

needs of correctional industries in this state.

 

     (g) (f) Establish an advisory council for correctional

 

industries in this state, which shall include representatives of

 

organized labor, private industry, state government, and the

 


general public.

 

     (h) (g) Enter into any agreements necessary for assigning

 

inmates to employment in private manufacturing or service

 

enterprises under section 7a.

 

     Sec. 7. The department of corrections shall provide as fully

 

as practicable for the employment of inmates in tasks consistent

 

with the penal and rehabilitative purposes of their imprisonment

 

and with the public economy. The types of employment shall be as

 

follows:

 

     (a) Routine maintenance and operation of correctional

 

institutions.

 

     (b) Educational and rehabilitation activities, whether formal

 

or through productive or socialized activities, determined on the

 

basis of individual needs and educability.

 

     (c) Productive or maintenance labor on or in connection with

 

the institution farms, or other land rented or leased by the

 

department of corrections, factories, shops, or other available

 

facilities for the production and distribution of correctional

 

industries products and services.

 

     (d) Labor assignments on state public works, ways, or

 

properties when and as requisitioned by the governor or on county,

 

township, or district roads when requested by the county board of

 

commissioners pursuant to section 1 of Act No. 181 of the Public

 

Acts of 1911, being section 800.101 of the Michigan Compiled Laws

 

1911 PA 181, MCL 800.101.

 

     (e) Labor assignments in private manufacturing or service

 

enterprises established under section 7a.

 


     (f) Labor assignments in connection with the disassembly or

 

disposal of items and scrap material as described in section 4(d).