Rule 125-3-8-.03 - Requirements(1) The Commissioner of Corrections shall seek certification for such work programs under the federal Prison Industries Enhancement Certification Program authorized by 18 U.S.C. § 1761 and other applicable federal regulations.(2) Upon receipt of certification, the Department of Corrections and/or the Georgia Correctional Industries Administration shall administer and operate one or more of such programs, as directed by the Commissioner.(3) Procedures promulgated by the Commissioner shall include the following assurances: (a) Inmate participation shall be on a voluntary basis;(b) Inmate wages shall be paid 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;(c) A provision of federal and state governmental benefits comparable to governmental benefits provided for similarly situated private sector employees shall be provided to participating inmates;(d) The use of inmate labor shall not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor;(e) The use of inmate labor shall not impair existing contracts for services;(f) Deductions from inmate wages shall comply with 18 U.S.C. § 1761;(g) Selection of participating inmates shall be made with careful attention to security issues;(h) Inmates shall be properly supervised during travel and employment outside correctional facilities;(i) Local private businesses which may be economically impacted shall be consulted;(j) Local labor union organizations and other local employee groups with an interest in the trade or skill to be performed by participating inmates shall be consulted.(4) The rules outlined in paragraph (3), subsections (b), (d), and (e) are promulgated and issued jointly with rules of the Department of Labor, Chapter 300.7.(5) Procedures promulgated in accordance with this rule shall be subject to the provisions of O.C.G.A. § 50-13-4.(6) The Department and the Georgia Correctional Industries Administration shall be compensated for any administrative costs or other costs incurred for the operation of such work programs.(7) The Department and the Georgia Correctional Industries Administration shall be compensated for the use of employees, the use of space owned or controlled by the Department or by the Georgia Correctional Industries Administration, administrative costs or the use of any other resources in the operation of such work programs.(8) Any program for voluntary labor by inmates created in accordance with these rules shall not be subject to the provisions of Code Section 42-5-60 prohibiting hiring out of inmates to private persons, corporations, and businesses conducted for profit; prohibiting sale of goods, wares, or merchandise manufactured, produced, or mined by inmates to private persons, firms, associations, and corporations; and limiting the amount of compensation for inmates.(9) The Department and the Georgia Correctional Industries Administration shall rely upon the Georgia Department of Labor's determination of worker displacement, labor shortage, and payment of inmate 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.(10) Every program involving employment of an inmate by a for-profit business to manufacture, produce, or mine goods, wares, or merchandise for transportation in interstate commerce or to provide services shall conform to the rules of this chapter.(11) Chapter 125-3-8 shall not apply to programs for the production of agricultural commodities, parts for the repair of farm machinery, or goods, wares, or merchandize manufactured for use by not-for-profit organizations, the federal government, the District of Columbia, or by any state or political division of the state.(12) Chapter 125-3-8 shall not apply to an inmate serving a term of supervised release, as described in 18 U.S.C. § 3583.Ga. Comp. R. & Regs. R. 125-3-8-.03
Ga. Constitution 1982, Art. XI, Sec. 1, O.C.G.A. Secs. 42-2-11, 42-5-55.
Original Rule entitled "Requirements" adopted. F. Jan. 5, 2006; eff. Jan. 25, 2006.Amended: F. Sept. 6, 2007; eff. Sept. 26, 2007.