2006 Louisiana Laws - RS 15:840.2 — Louisiana restitution industries

§840.2.  Louisiana Restitution Industries

A.  The director of the Louisiana Department of Corrections is hereby authorized to establish and carry out, outside the main restraining wall or structure but within the exterior boundary of the correctional facilities at Angola, St. Gabriel and DeQuincy, demonstration type projects involving the employment of inmates of such institutions; provided, however, that such projects shall not be conducted within one mile of any residential zone as so designated by the local governing authority.  Such projects shall also provide for the provision of supportive services to inmates of the demonstration institutions, such as training, education, counseling, and the like.  Such projects so established shall be known as Louisiana Restitution Industries.  In establishing such projects, the director of the Louisiana Department of Corrections is authorized to enter into agreements, by contract, under the public bid laws of the state of Louisiana, with any private person, pursuant to which such person shall be authorized to establish, by construction, lease, or otherwise, facilities outside the main restraining wall or structure but within the exterior boundaries of such penal or correctional institutions for the purpose of carrying out industrial or other operations herein authorized.  Such persons and company employees, excluding inmates, must be of good moral character.  Such employment within such institutions of inmates shall, however, be on a voluntary basis.

B.  Any such agreement shall contain provisions assuring that the wages paid to such inmate, shall be no less than minimum wage as established by the Fair Labor Standards Act.  

C.  Any inmate of any such institution so employed shall be entitled to receive, after deductions authorized in Subsection D of this Section or under any other law, wages earned by him in performing such work, except that such wages shall be made available to such inmate at such time or times as the director of the Louisiana Department of Corrections may by regulation prescribe, but in no event later than at the time of his release by parole or otherwise, from confinement in a state penal or correctional institution.  Employers shall cover such inmate employees under worker's compensation but in no way shall such inmates be included in employment security.  

D.  Any inmate so employed shall be required, pursuant to regulations promulgated by the director of the Louisiana Department of Corrections, to pay from the wages received for work in accordance with this Section, and the director is authorized to deduct therefrom in the following order:

(1)  Federal and state income taxes and social security deductions;

(2)  Thirty percent of the remainder after the deductions for taxes and social security to the victims of any crimes committed by the inmate to the extent of their loss as determined by a written agreement or judgment and thereafter to any state fund established by law to compensate victims of crime;

(3)  Twenty percent of the remainder after the deductions for taxes and social security to the Louisiana Department of Corrections to be returned to such state penal or correctional institutions in the same percentage as funds are contributed, less administrative expenses to the Louisiana Department of Corrections, for the purpose of defraying the costs of room and board of the inmate;

(4)  Forty percent of the remainder after the deductions for taxes and social security to the spouse and children of the inmate or, if the inmate has no spouse and children, forty percent of the remainder after the deductions for taxes and social security to the victims of any crimes committed by the inmate to the extent of their loss as determined by a written agreement or judgment and thereafter to any state fund established by law to compensate victims of crime; and

(5)  All remaining to the inmate's personal fund.  

E.  Any amounts so deducted pursuant to Subsection D of this Section shall be payable in such manner as the director of the Louisiana Department of Corrections may by regulation prescribe.  

F.  In administering the provisions of this Section, the director of the Louisiana Department of Corrections is authorized, as a part of, or in connection with, any agreement pursuant to Subsection A of this Section, to make available, by lease or otherwise, land, together with improvements thereon, located outside the main restraining wall or structure but within the exterior boundary of any state penal or correctional institution for use by the private party to such agreement for providing employment in accordance with this Section.  Such lands, including improvements, shall be made available pursuant to such terms and conditions as the director of the Louisiana Department of Corrections, the Legislative Budget Committee and the Division of Administration may prescribe.  Any such lease of land or of improvements or facilities entered into under authority of this Section shall be for a primary term not to exceed five years, and may be renewed from year to year after expiration of the primary term upon such terms and conditions as the director of the Louisiana Department of Corrections, the Legislative Budget Committee and the Division of Administration may prescribe.  

G.  As used in this Section, the term "person" means any individual, corporation, partnership, association, or other entity.  

H.  On or before October 1, 1978, the director of the Louisiana Department of Corrections shall submit a report to the Louisiana Legislature concerning the administration of the provisions of this Section, together with his views and recommendations with respect thereto.  

Added by Acts 1976, No. 343, §1.  Acts 1983, 1st Ex.Sess., No. 1, §6.