Offender labor on state and community service projects.
(1) Offender labor on state projects. The state board of correction shall have the authority to use, under such rules as they may prescribe, the labor of offenders either within or without the walls of the penitentiary and on all public works done under the direct control of the state; that offender labor under control of the state board of correction shall manufacture and repair state highway signs, except for highways and projects where federal regulations would prohibit the use of signs so manufactured; provided, that so far as practicable any manufacture conducted within the walls shall be in connection with metal motor license plates, road or street signs furnished by the state or used by its municipalities, wearing apparel, articles and containers, for state use in the various departments or institutions of the state not for sale upon the open market. When any product produced by the offender shall be used by any department or other institution of the state, the current appropriation shall receive from such department or institution such reimbursement therefor as may be fixed by the state board of correction with the approval of the state board of examiners.
(2) Offender labor on community service projects. The state board of correction shall have the authority to assign parolees under department of correction supervision, probationers under court order or department of correction supervision and offender residents of community work centers under the direction or order of the board of correction, as community service workers as set forth in section 72-102(5), Idaho Code. The state board of correction shall have the authority to charge offenders performing community service work an hourly fee in an amount to be determined by the state insurance fund, to be remitted to the state insurance fund for purposes of providing worker’s compensation insurance for parolees, probationers or community work center residents assigned as community service workers.
Notes of Decisions
Crawford v. Dep't of Corr., 991 P.2d 358 (Idaho 1999).
· cites it 4× “In another statute, the board of correction was given express authority to use the labor of convicts either within or without the walls of the penitentiary and on all public works done under the direct control of the state.”
Shain v. Idaho State Penitentiary, 291 P.2d 870 (Idaho 1955).
· cites it 8× “I.C. § 20-245. The board has authority to install and equip plants for employment of inmates in such forms of industry and employment as the board deems advisable.”
Barry Searcy v. State Bd of Corr. (Idaho Ct. App. 2015).
· cites it 2× “§ 20-242 (which allows the Board to require a furloughed prisoner to pay for his or her board and personal expenses, including the costs of administering the prisoner’s work furlough program); and I.C. § 20-245 (which provides authority for the Board to charge offenders…”
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