TITLE 42 PENAL INSTITUTIONS

Section 5. Correctional Institutions of State and Counties, 42-5-1 through 42-5-125.

ARTICLE 6 VOLUNTARY LABOR PROGRAM

42-5-120. Rules and regulations; requirements.

1. The board is authorized to issue and promulgate rules and regulations for programs of voluntary labor by inmates for privately owned profit-making employers to produce goods, services, or goods and services for sale to public and private purchasers. Such rules and regulations shall be designed to meet the published requirements of the Prison Industry Enhancement Certification Program authorized by 18 U.S.C. Section 1761 and federal regulations and to provide other appropriate conditions and limitations. Such rules and regulations may provide for administration and management of such work programs by the department and the Georgia Correctional Industries Administration.
2. The rules and regulations for the work programs authorized by this article shall include but not be limited to rules requiring:
   1. Assurance that inmates' work is voluntary and that there shall be no retribution against inmates who do not volunteer;
   2. Payment of inmates at wages at a rate not less than that paid for work of a similar nature in the locality in which the work is to be performed;
   3. Provision of federal and state governmental benefits to participating inmates comparable to governmental benefits provided for similarly situated private sector employees;
   4. Selection of participating inmates with careful attention to security issues;
   5. Appropriate supervision of inmates during travel and employment outside the correctional institution;
   6. Assurance that inmate labor will not result in the displacement of employed workers; be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality; or impair existing contracts for services;
   7. Consultations with local private businesses that may be economically impacted;
   8. Consultations with local labor union organizations and other local employee groups, especially those who have an interest in the trade or skill to be performed by the inmates; and
   9. Procedures for deductions from inmate wages for federal, state, and local taxes; reasonable charges for room and board; court-ordered child support and voluntary family support; and payments to the Georgia Crime Victims Emergency Fund of not less than 5 percent nor greater than 20 percent of gross wages, in compliance with Prison Industry Enhancement Certification Program requirements.
3. Notwithstanding the provision of Code Section 50-13-2 exempting the Board of Corrections from the definition of the term "agency" and thus from the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," the rules and regulations promulgated in accordance with this Code section shall be subject to the provisions of Code Section 50-13-4, relating to procedural requirements for the adoption, amendment, or repeal of rules; the limitation on an action to contest rules; and legislative override of rules to which the members of the General Assembly object.

(b.1)Regulations relating to paragraphs (2) and (6) of subsection (b) of this Code section and relating to whether labor shortages exist shall be promulgated and issued jointly by the board and the Commissioner of Labor.

(Code 1981, §42-5-120, enacted by Ga. L. 2005, p. 1222, § 4/HB 58; Ga. L. 2007, p. 224, § 3/HB 313.)