217.567. Director may contract with private entities for employment of inmates--leasing of correctional facility property--wages, director to set policies.

MISSOURI STATUTES AND CODES

217.567. Director may contract with private entities for employment of inmates--leasing of correctional facility property--wages, director to set policies.

Director may contract with private entities for employment ofinmates--leasing of correctional facility property--wages,director to set policies.

217.567. 1. Notwithstanding the provisions of any other law to thecontrary, the director is hereby authorized to contract with a privateindividual, corporation, partnership or other lawful entity for inmate work orvocational training projects involving the manufacture and processing ofgoods, wares or merchandise, or any service-related business or commercialenterprise deemed by the director to be consistent with the proper employment,training and rehabilitation of offenders.

2. Any contract authorized by this section shall be in compliance withfederal law, shall be competitively negotiated by the department and theprivate entity, shall not result in the displacement of civilian workersemployed in the community or state, and shall be subject to the approval ofthe advisory board of vocational enterprises program created pursuant tosection 217.555 and the joint committee on corrections created pursuant tosections 21.440 to 21.465, RSMo.

3. The director may lease space in one or more buildings or portions ofbuildings on the grounds of any correctional center, together with the realestate needed for reasonable access to and egress from the leased premises toa private individual, corporation, partnership or other lawful entity for thepurpose of establishing and operating a business enterprise. The enterpriseshall at all times observe practices and procedures regarding security as thelease may specify or as the correctional center superintendent may temporarilystipulate during periods of emergency. The enterprise shall be deemed aprivate enterprise and is subject to all federal and state laws governing theoperation of similar private business enterprises as specified by theauthorized contract.

4. Subject to the approval of the director and upon such terms as may beprescribed, any lessee operating such an enterprise may employ and dischargefrom employment selected offenders of the correctional center where theenterprise is operated or from other correctional centers in close proximity.Offenders assigned to such an enterprise are subject to all departmental anddivisional rules in addition to rules and regulations promulgated by theauthorized contractor. Offenders assigned to such an enterprise foremployment purposes shall be required to pay a percentage of their wages asestablished by the director of not less than five percent nor more than twentypercent of gross wages to the crime victims' compensation fund, section595.045, RSMo.

5. The director shall establish policies and procedures for determiningthe specific wages paid, workers' compensation benefits and deductions fromwages to include room and board; federal, state and Social Security taxes; andfamily support. All deductions must not total more than eighty percent ofgross wages. Provisions of the Fair Labor Standards Act shall apply tocontractual offender workers.