12-48 Employment of Inmates of the Penitentiary - North Dakota Statutes

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CHAPTER 12-48EMPLOYMENT OF INMATES OF THE PENITENTIARY12-48-01. Employment of offenders. All offenders committed to the department ofcorrections and rehabilitation may be employed for the benefit of the state to the extent
employment is available.12-48-02. Director of the department of corrections and rehabilitation to make rulesregarding employment of offenders.The director of the department of corrections andrehabilitation shall establish rules and regulations relating to the care, treatment, employment,
and management of all offenders committed to the legal and physical custody of the department.12-48-03.Manner of employing offenders.The director of the department ofcorrections and rehabilitation and the warden of the penitentiary shall attempt to employ all
offenders committed to the legal and physical custody of the department in maintaining the
penitentiary and penitentiary grounds, in carrying on the work of the industries established at the
penitentiary or at other state institutions, in doing any work necessary to be done in the erection,
repair, or improvement of any of the state buildings, including the executive mansion, and the
grounds of such buildings, or in the construction and improvement of the public highways of the
state. The department may employ offenders in work projects for county and local governmental
agencies and subdivisions. The department shall employ offenders when practicable in the work
to which they are best adapted and in the work that will make it possible for them to acquire skill
so that they will be able to earn a livelihood when they are paroled or discharged from the
institution.The department may employ offenders outside the yard of the penitentiary incultivating and improving any ground belonging to the department. The department must be held
responsible for the escape of any offender notwithstanding that such employment is outside the
penitentiary if the escape is made possible through the negligence of the department.12-48-03.1. The director of the department of corrections and rehabilitation mayestablish and engage in prison industries.1.The director of the department of corrections and rehabilitation may establish and
engage in prison industries the director deems necessary and which are of greatest
benefit to and in the best interest of the state of North Dakota, the department, and
offenders committed to the legal and physical custody of the department.Thedirector may also discontinue industries when necessary. The director shall make
all rules and regulations and do all things necessary or incidental to the establishing
and maintaining of prison industries including the manufacture, sale, or distribution
of prison industries produce or products, and, so far as is compatible with the
efficient operation of the industry, shall use offenders committed to the department
as laborers in prison industries. The director shall also do all things necessary and
incidental to the discontinuance of industries no longer necessary or beneficial to the
department. The department shall keep a true and accurate account of all receipts
from the established industries and deposit the earnings in an account as provided
by law.2.All products made in prison industries may be purchased directly by governmental
agencies, including federal, state, and tribal agencies and political subdivisions, for
use in official business, and by nonprofit organizations, excluding trade associations,
fraternal organizations, co-ops, and health insurance companies. Prison industries
may sell commissary items and prison industries-made clothing to inmates. Prison
industries-made products may also be sold through wholesale or retail outlets that
possess a valid sales tax permit, and if the products are manufactured under the
prison industries enhancement certification program under Public Law No. 96-157
[93 Stat. 1215; 18 U.S.C. 176(c)], in interstate commerce and through export firms
for sale to international markets.Page No. 112-48-03.2. Prison industry authorized to trade, barter, and exchange merchandise,equipment, and services.Prison industry is authorized to trade, barter, and exchangemerchandise, equipment, and services with any state agency if such is in the best interest of the
prison industry and approved by the director of the department of corrections and rehabilitation.12-48-03.3.Roughrider industries' operating fund - Bank of North Dakota.Roughrider industries may establish its own operating fund in the Bank of North Dakota. Interest
earned on the roughrider industries' operating fund shall be deposited in the state general fund.
Roughrider industries may use its own manufacturing accounting system and must report
annually its revenues and expenditures to the office of management and budget for the purpose
of its financial statements being included in the state's comprehensive audited financial
statements.12-48-04. Inmates may be employed in improving roads and streets. Repealed byS.L. 1989, ch. 156,