Chapter 16 - Labor By Prisoners
CHAPTER 16 - LABOR BY PRISONERS
ARTICLE 1 - COUNTY JAIL
7-16-101. Persons subject to required work.
(a) The sentencing court may require the following persons toperform work pursuant to W.S. 7-16-101 through 7-16-104:
(i) Persons sentenced to a definite term of imprisonment in thecounty jail, whether or not a fine is imposed as a part of the sentence;
(ii) Persons committed to jail pursuant to W.S. 6-10-105 forrefusal to pay a fine or costs; and
(iii) Persons for whom work is imposed as a condition ofprobation pursuant to W.S. 7-13-304(b).
(b) No person charged with a crime and awaiting the action ofthe grand jury or awaiting trial shall be required to perform work pursuant toW.S. 7-16-101 through 7-16-104.
7-16-102. Restrictions; supervision; costs; civil liability.
(a) No prisoner shall be required to perform work more thaneight (8) hours in any one (1) calendar day or to work on any legal holiday.
(b) No person shall be required to perform work who is unableto do so due to physical or mental disability.
(c) The court shall direct whether the work shall be performedunder the supervision of the county sheriff, the state probation and paroleofficer or some other responsible person approved by the court. No person shallbe directed to perform work unless the court, after consultation with thesheriff or other entity or person to be charged with supervision, determinesthat adequate staffing is available to provide for the safe and securesupervision of the prisoner.
(d) Any additional expenses, including costs for guarding theprisoner, incurred by a county as a result of allowing a prisoner to performwork shall be paid by the board of county commissioners in which the labor isperformed but may be assessed against any financial credit earned by theprisoner under W.S. 7-16-104. The court may also require that a reasonable sumfor room and board be assessed against any credits earned by a prisoner.
(e) The person charged with supervising a prisoner's work shallkeep an accurate record and account of all work performed and all creditsreceived and shall make periodic reports as required by the court.
(f) The court may impose any other reasonable terms orconditions relating to the performance of work by prisoners and probationers,not inconsistent with W.S. 7-16-101 through 7-16-104.
(g) If any civil action is brought against any sheriff, hisundersheriff, deputy, agent or employee, by reason of acts committed or allegedin the performance of necessary duties in connection with the care of aprisoner performing work pursuant to W.S. 7-16-101 through 7-16-104, the stateshall indemnify and hold harmless the officers, agents or employees from all civilliability incurred or adjudged except for liability arising out of willful andwanton or malicious acts. Upon request, the state shall provide legal counselat state expense to assist in the defense of any action covered by thissubsection.
7-16-103. Compensation of sheriff.
Except for reimbursement for additionalexpenses authorized by W.S. 7-16-102(d), a sheriff is not entitled to any extracompensation, fee or reward for supervising a prisoner performing work pursuantto W.S. 7-16-101 through 7-16-104.
7-16-104. Credits.
(a) The sentencing court may reduce the term of a sentence,fine, costs or attorney fees of a prisoner sentenced to imprisonment or placedon probation, for work performed under W.S. 7-16-101 through 7-16-104.
(b) If a reduction is ordered pursuant to subsection (a) ofthis section, the reduction shall be:
(i) At the rate of one (1) day for each eight (8) hours of workperformed under W.S. 7-16-101 through 7-16-104, provided the reduction insentence shall not exceed one-half (1/2) of the original sentence;
(ii) In an amount equal to the federal minimum hourly wage foreach hour of work performed provided that the total amount of reduction in thefine, costs or attorney fees shall not exceed one-half (1/2) of the totalamount of the fine, costs and attorney fees.
(c) The court shall direct whether the credits under subsection(b) of this section shall apply against the prisoner's term of imprisonment,his fine, court costs, attorney fees or other fees imposed by the court.
(d) A person committed to county jail for refusal to pay a fineor costs shall, in addition to the credit allowed by W.S. 6-10-105, be granteda credit against his fine or costs in an amount equal to the federal minimumhourly wage for each hour of work performed.
ARTICLE 2 - PRISON LABOR
7-16-201. Contracting to private persons.
Except as authorized by W.S. 25-13-101through 25-13-107, no person in charge of prisoners at any state penalinstitution shall contract to supply prisoner labor to any private person orprivate business entity.
7-16-202. Persons subject to required work.
(a) All prisoners sentenced to the custody of the department ofcorrections to serve a term of imprisonment in a state penal institution may beemployed within the institution or in any work for the benefit of and use bythe state or any of its agencies or political subdivisions.
(b) An inmate of a state penal institution shall be required toperform available hard labor which is suited to the inmate's age, gender,physical and mental condition, strength and attainments in the institutionproper, in the industries established in connection with the institution, or atother places as provided in subsection (a) of this section. Substantiallyequivalent hard labor programs shall be available to both male and femaleinmates. Inmates performing hard labor at a location other than within or onthe grounds of a state penal institution shall be attired in brightly coloreduniforms that readily identify them as inmates of state penal institutions. The employment of inmates in hard labor shall not displace employed workers,shall not be applied to skills, crafts or trades in which a local surplus oflabor exists, and shall not impair existing contracts for employment or services.
(c) For purposes of this section, "hard labor" meansphysical or mental labor which is performed for a period of time which shallaverage, as nearly as possible, forty (40) hours each week, and may includeuseful and productive work. "Hard labor" may include menial labor,any training necessary to perform any work required, and if possible, workproviding an inmate with marketable vocational skills. "Hard labor"does not include labor which is dangerous to an inmate's life or health, isunduly painful or is required to be performed under conditions that wouldviolate occupational safety and health standards applicable to such labor ifperformed by a person who is not an inmate.
(d) Notwithstanding subsection (b) of this section, an inmatewho has been determined by the institution administrator to be unsuitable forthe performance of hard labor due to the inmate's age, gender, physical ormental condition, strength or security status shall not be required to performhard labor.
(e) The department of corrections shall adopt rules toimplement this section.
7-16-203. Compensation.
(a) Persons in confinement in state corrections institutionsmay receive compensation as specified by the department of corrections forservices performed under W.S. 7-16-202. In no case shall the total of allcompensation credited exceed the general fund appropriation for thatinstitution. The compensation rate to be paid to any prisoner shall not exceedthe state minimum wage.
(b) The compensation limitations in subsection (a) of thissection do not apply to correctional industries programs authorized under W.S.25-13-101 through 25-13-107.
7-16-204. Fines for misconduct.
The department of corrections shall adoptrules and regulations to establish a system for punishing prisoner misconductthrough the imposition of fines to be deducted from compensation earned asprovided by W.S. 7-16-203. The rules shall provide for the distribution of theproceeds of fines collected under this section as special aid to discharged orparoled prisoners who are infirm or in any way incapable of earning asufficient subsistence after their release.
7-16-205. Disposition of earnings; confidentiality of amount.
(a) Payment for services performed by any prisoner under W.S.7-16-202 shall be deposited in the trust and agency account at the institutionand shall be disbursed for the purposes provided in this subsection and in theorder specified:
(i) Unless the prisoner is serving a sentence of death or lifewithout the possibility of parole or is subject to mandatory savings under W.S.25-13-107(b)(i), ten percent (10%) shall be credited to the prisoner's personalsavings account within the correctional facility's trust and agency account,until the prisoner's account has a balance of one thousand dollars($1,000.00). Once the prisoner's personal savings account balance reaches onethousand dollars ($1,000.00), the income otherwise distributed to theprisoner's savings account under this paragraph shall be distributed to the prisoneras provided by paragraphs (ii) through (vi) of this subsection. Funds in theprisoner's personal savings account shall be paid to the prisoner upon paroleor final discharge;
(ii) Support of dependent relations of the prisoner;
(iii) Personal necessities and assessments of fees for programs,services and assistance pursuant to subsection (e) of this section;
(iv) Repealed By Laws 1999, ch. 62, 2.
(v) Court ordered restitution, fines, sanctions andreimbursement for the services of public defender or court appointed counsel,the surcharge imposed under W.S. 1-40-119 and victims compensation obligationsunder W.S. 1-40-112(g);
(vi) Remaining funds shall be paid the prisoner upon parole orfinal discharge.
(b) The amount in the trust and agency fund assigned to thecredit of any prisoner is confidential information and is not subject to publicinspection.
(c) Except as otherwise provided for correctional industriesprograms authorized by W.S. 25-13-101 through 25-13-107, any compensation earnedby a prisoner while incarcerated shall be subject to the provisions of thissection.
(d) The department of corrections shall establish regulationsgoverning provisions for travel, clothing and cash needed by each prisoner uponrelease from any state penal institution.
(e) The department of corrections may establish regulationsproviding for assessment of fees to prisoners for self-improvement programs,services, including medical services, and assistance provided by the departmentwhen the inmate has money to pay for the programs, services and assistance.
7-16-206. Permitted institutional industries; powers of department.
(a) The department of corrections, for purposes of assisting inthe rehabilitation of residents of state penal institutions, may:
(i) Establish industries in state penal institutions that willresult in the manufacture of products or the provision of services that may beused by any agency or political subdivision of this state, any agency of thefederal government or any agency or political subdivision of another state;
(ii) Contract with private industry for the sale of productsmanufactured in state penal institutions;
(iii) Print and distribute catalogs describing goods manufacturedin state penal institutions;
(iv) Fix the sale price for products manufactured or servicesproduced at state penal institutions and purchased by the state of Wyoming orany of its political subdivisions, not to exceed open market prices forcomparable goods and services;
(v) Provide for the repair and maintenance of property andequipment of state penal institutions by residents of those institutions;
(vi) Provide for the repair and maintenance of any stateagency's furniture and equipment by residents of state penal institutions;
(vii) Sell on the open market products manufactured at statepenal institutions; and
(viii) Pay a resident of a penal institution from the proceeds ofproducts manufactured or services provided in a program in which the residentis working pursuant to this subsection.
(b) Payment for the performance of work authorized pursuant tosubsection (a) of this section shall be based in part on the followingcriteria:
(i) Knowledge or skill;
(ii) Attitude toward authority;
(iii) Physical effort;
(iv) Responsibility for equipment and materials; and
(v) Regard for safety of others.
(c) A manufactured product shall not be sold under paragraph(a)(ii) or (vii) of this section if the same or comparable product ismanufactured elsewhere in this state.
(d) The maximum rate of pay for work performed pursuant tosubsection (a) of this section shall be determined by the appropriationestablished for each program in accordance with W.S. 7-16-202 through 7-16-205.
(e) Proceeds from the sale of products manufactured or servicesprovided at a state penal institution pursuant to subsection (a) of thissection shall be deposited in the appropriate account for the use of theindustries program of the same institution.
ARTICLE 3 - WORK RELEASE
7-16-301. Short title.
This act shall be known and may be cited asthe "Work Release Act".
7-16-302. Definitions.
(a) As used in this act:
(i) "Director" means the director of the statedepartment of corrections;
(ii) "Employment" means gainful work in the communityincluding vocational training and other educational and rehabilitativeactivity;
(iii) "Inmate" means a person confined in aninstitution;
(iv) "Institution" means the Wyoming statepenitentiary, state penitentiary farms and camps, Wyoming women's center andany other state adult penal institution;
(v) "Institution administrator" means the warden,superintendent or other principal administrative officer of the institution;
(vi) "Work release" means a program whereby eligibleinmates are released to employment in the community while remaining under thecontrol of the department of corrections. Work release is not parole as definedby W.S. 7-13-401 but constitutes an extension of the limits of confinementbeyond the boundaries of the institution. When not confined, inmates on workrelease shall be under guard of an employee of the institution or under thedirect supervision and control of an employer or a member of the employer'sstaff designated by the institution administrator;
(vii) "Department" means the state department ofcorrections;
(viii) "This act" means W.S. 7-16-301 through 7-16-311.
7-16-303. Authority to establish programs; participants; conditions;revocation.
(a) Each institution administrator is authorized and directedto establish a work release program at their respective institutions for therehabilitation, education and betterment of selected inmates and to allowinmates serving their sentences to work in gainful employment in the community.The establishment, regulation and control of work release programs is theresponsibility of each institution administrator with the approval of thedirector. The programs shall operate by supplementing established penal orparole procedures established by law.
(b) Each institution administrator may recommend eligibleinmates to the department for participation in a work release program. Thedepartment shall:
(i) Study the inmate's conduct, attitude and behavior whileimprisoned, his criminal history and all other pertinent case history material;
(ii) Determine whether the inmate's participation in the workrelease program will be of benefit to the public and to the inmate and whetherthere is reasonable cause to believe that the inmate will honor his trust as awork release participant; and
(iii) Approve, reject, modify, or defer action on therecommendation.
(c) If an inmate is approved for participation in a workrelease program, the institution administrator shall adopt a work release planfor the inmate containing terms and conditions which the inmate shall agree toin writing before being released from the confines of the institution. A signedcopy of the plan shall be delivered to the department. As one (1) of theconditions, the plan shall specify where the inmate shall be maintained orconfined while in the work release program when not engaged in the work releaseemployment.
(d) Approval of an inmate's participation in a work releaseprogram may be revoked at any time by the department if the inmate violates theterms and conditions of his plan or if the purposes of the inmate's workrelease plan are not being accomplished. Upon revocation the inmate shall bereturned to the institution.
(e) For purposes of this act:
(i) A male inmate incarcerated in a correctional facilityoperated by a private entity pursuant to W.S. 7-22-102 shall be deemed to be aninmate of the Wyoming state penitentiary;
(ii) A female inmate incarcerated in a correctional facilityoperated by a private entity pursuant to W.S. 7-22-102 shall be deemed to be aninmate of the Wyoming women's center.
7-16-304. Duties of institution administrator; cooperation with stateand local agencies.
(a) Each institution administrator shall:
(i) With the approval of the director, adopt rules andregulations necessary to administer the work release programs authorized bythis act;
(ii) Provide for the supervision of work release participants;
(iii) Locate available employment or vocational trainingopportunities for qualified work release participants;
(iv) Effect placement of work release participants under theprogram;
(v) Collect, account for and make disbursement from earnings ofwork release participants as provided by this act; and
(vi) Return the inmate to the institution on any occurrencewhich affects the terms and conditions of the plan so as to defeat the purposesof the work release plan. The return of the inmate shall be reported to thedepartment within five (5) days.
(b) All state and local agencies shall cooperate with theinstitution administrator in the administration of the work release program,but shall reserve the right not to participate in the program.
7-16-305. Eligibility.
(a) No inmate is eligible for work release consideration who:
(i) At the time of consideration has any legal proceedingspending which could affect his status as an inmate;
(ii) Has been convicted of first degree murder;
(iii) Is serving a term of life imprisonment; or
(iv) Has been sentenced to death.
7-16-306. Confinement when not working or in training.
Each institution administrator, with theapproval of the director, may arrange to use available facilities of stateinstitutions to house inmates on work release status. With the approval of anylocal government the institution administrator may arrange or contract forother facilities, including city and county jails, for housing inmates employedin the community. No inmate shall be granted work release privileges untilsuitable facilities for quartering and confining the inmate have been providedand arrangements have been made for proper supervision. An inmate granted workrelease status shall be confined in a state penal institution or other facilitydesignated for the housing of work release inmates when not actually working atthe inmate's employment or engaged in educational training.
7-16-307. Restrictions; suitable employment; wages.
(a) No inmate shall be released under a work release plan toemployment:
(i) In a field of skilled labor in which there exists a surplusof labor; or
(ii) Where a labor dispute is in progress.
(b) Any employment obtained shall be suitable for the inmate.Wages received by the inmate shall be commensurate with the prevailing wagefor similar work in the area in accordance with the prevailing workingconditions in the area.
7-16-308. Assignment of earnings; disbursements; exemption fromprocess; incurring of debts.
(a) An inmate on work release shall assign all of his earningsfrom work release employment to his institutional account at the institutionand all disbursements from the inmate's institutional account shall be madeonly as provided in this subsection and in the order specified:
(i) Board and room charges of the inmate, if any;
(ii) Necessary travel expenses and other incidental expenses ofthe inmate related to his work release plan;
(iii) Assistance in the support of the inmate's legal dependents,if any;
(iv) Court ordered restitution, fines, sanctions andreimbursement for the services of public defender or court appointed counsel,the surcharge imposed under W.S. 1-40-119 and victims compensation obligationsunder W.S. 1-40-112(g);
(v) Repealed By Laws 1999, ch. 62, 2.
(vi) Payments on lawful personal debts and obligations of theinmate; and
(vii) The balance, if any, to be retained in the inmate's accountto be paid to him upon parole or discharge.
(b) Except as provided by W.S. 20-6-201 through 20-6-222, theearnings of inmates under this act are not subject to garnishment, attachmentor execution either in the hands of the employer or any agent authorized tohold and transmit the earnings.
(c) No inmate shall incur any debt while under a work releaseplan without official written permission of the institution administrator orthe administrator's designee. Any debt so incurred shall be brought to theattention of the director.
7-16-309. Escape.
The intentional act of an inmate ofabsenting himself without permission from either the place of employment or thedesignated place of confinement within the time prescribed constitutes anescape from the custody of the institution. Upon apprehension the inmate issubject to return to the institution and criminal prosecution for escape.
7-16-310. Status of inmates; civil liability.
An inmate employed in the community under awork release program is not an agent, employee or involuntary servant of thedepartment of corrections, the director, the institution administrator,institution, parole board or the state while released from confinement. Theforegoing agencies and individuals are not liable in the event of any injurysustained in the gainful private employment of any inmate in a work releaseprogram.
7-16-311. Eligibility for parole, release or good time.
Nothing in this act shall be construed toaffect the eligibility for parole, release, good time or special good time ofany inmate engaged in a work release program if he is otherwise eligible.