CHAPTER 6. GENERAL PROVISIONS CONCERNING OFFENDER EMPLOYMENT
IC 11-10-6
Chapter 6. General Provisions Concerning Offender Employment
IC 11-10-6-1
Industry and farm product advisory council; establishment; duties;
meetings, membership
Sec. 1. (a) There is hereby established an industry and farm
product advisory council to assist the department in determining the
need for products, the estimated volume or number of units required,
pricing policies, and other matters relating to sales or promotion of
such products manufactured or produced within the correctional
system. The commissioner shall inform the council each year of the
estimated number of offenders required to be employed at each
institution during the year by the department and the offender work
schedules for industry and farm production. With data furnished by
the department, the council shall recommend to the commissioner an
annual sales and production plan for all industry and farm programs.
The council shall study and advise in such other areas or matters as
may be referred by the commissioner or the administrator in charge
of industry and farm programs.
(b) The council shall meet annually or at such other times as the
commissioner considers necessary. The council is composed of the
following members:
(1) the commissioner, who shall be chairman;
(2) the commissioner of the department of administration;
(3) the state budget director;
(4) the administrator in charge of the industry and farm
programs, who shall act as secretary of the council; and
(5) the commissioner, at his discretion, may appoint two (2)
persons who are major users of industry and farm products or
who represent the general public.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-6-2
Industry and farm programs; establishment and administration;
recycling programs
Sec. 2. (a) The department shall establish, maintain, and operate
industry and farm programs for offenders designed to equip the
participant with a marketable skill which will provide to the
participant a means of earning a livelihood upon the participant's
return to the community. The department shall appoint an
administrator who is the chief executive officer of the industry and
farm programs. The commissioner or the administrator in charge of
the industry and farm programs shall be responsible for planning,
coordination, operation, and employment and supervision of
personnel of the industry and farm programs at the correctional
institutions. The programs may include:
(1) the production, manufacture, raising, or processing of any
product or item for use or sale by the department;
(2) entering into contractual agreements and other arrangements
with other state agencies or political subdivisions for the
employment of offenders, including employment involving the
conservation and improvement of the natural resources of
Indiana or its political subdivisions; and
(3) the employment, to the extent that is practical within the
industry and farm programs, of those offenders who have
received specialized vocational training by the department.
(b) The department shall examine the feasibility of, and, if
reasonably achievable, develop programs for:
(1) the production of products using recycled materials; or
(2) processing waste materials.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.10-1990,
SEC.10.
IC 11-10-6-3
Duties and opportunities of confined persons
Sec. 3. (a) A confined person may be required to keep his own
living quarters clean and orderly.
(b) A confined offender may be required to:
(1) perform general maintenance work and assist in providing
other services essential to the administration of the facility or
program; and
(2) work in a business, commercial, industrial, or agricultural
enterprise operated by the department.
(c) A confined offender may not be denied the opportunity to
participate in educational, training, or voluntary employment
programs solely because of compulsory work.
(d) If an offender is eligible for an offender reentry administrative
account under IC 11-10-15, at least ten percent (10%) and not more
than twenty percent (20%) of the offender's gross earnings earned
under subsection (b)(2) shall be deposited in the offender's reentry
administrative account.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.104-2009,
SEC.1.
IC 11-10-6-4
Repealed
(Repealed by P.L.49-1997, SEC.86.)
IC 11-10-6-5
Sale of goods in open market
Sec. 5. Goods produced in whole or in part by committed persons
in this state may be sold on the open market.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-6-6
Industry and farm products revolving fund; establishment; review;
revenues
Sec. 6. The industry and farm products revolving fund is hereby
established. The state budget agency shall annually review the
revolving fund for the purpose of determining whether the current
level is adequate to meet the expenditures required to sustain
offender employment programs, and shall report to the state budget
committee its recommendations regarding any changes in the amount
of the fund. All revenues derived from the sale of goods produced or
manufactured by the department, from the lease of farm land and
appurtenances operated by the department's industry and farm
program, or from the employment of offenders by other state
agencies or political subdivisions shall be paid into the fund to be
expended in the manner provided by law.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980,
P.L.88, SEC.1.
IC 11-10-6-7
Industry and farm products revolving fund; request for allocation;
records; annual budget
Sec. 7. The department shall:
(1) request the state budget agency to allocate, as needed, funds
from the revolving fund for the cost of operating the
department's industry and farm programs for offender
employment;
(2) keep complete records showing all transactions in such a
manner as to be able to prepare at the end of each fiscal year, an
operating statement for each industry and farm program
operated by the department; the department shall also prepare
an annual consolidated operating statement for all industry and
farm programs; and
(3) prepare, prior to the beginning of each fiscal year, an annual
budget of proposed expenditures for industry and farm
programs, including expenditures for offender compensation;
this annual budget shall be submitted to the state budget agency
for approval, and no expenditure in excess of this approved
budget may be made without the approval of the state budget
agency.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-6-8
Industry and farm products revolving fund; excess cash assets;
remaining cash assets
Sec. 8. Any cash assets in excess of one million five hundred
thousand dollars ($1,500,000) remaining in the industry and farm
products revolving fund at the close of any fiscal year shall be paid
into a special fund to be used for capital expenditures for the
department or support of the industry and farm products revolving
fund. The cash assets remaining in the revolving fund at the close of
any fiscal year shall include and be limited to all items of cash less
the total amount of all accounts payable including all of the
unliquidated obligations which appear as a matter of record in the
office of the auditor of state.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.149-1983,
SEC.1.
IC 11-10-6-9
Advances for purchasing materials, supplies, or equipment used in
manufacturing or processing goods
Sec. 9. Upon the request of a state department, agency, or
institution and with the approval of the state budget agency, funds
appropriated to that department, agency, or institution for goods to
be furnished by the department of correction may be wholly or
partially advanced to the offender employment revolving fund to
assist in purchasing materials, supplies, or equipment used in
manufacturing or processing those goods.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-6-10
Claims for payment for supplies and services furnished by
correctional facilities to programs
Sec. 10. Claims for payment for supplies and services furnished
by the correctional facilities to the industry and farm programs
during the applicable accounting period in the operation of offender
employment programs established in those facilities shall be
presented to the department. These claims shall be itemized and, if
allowed, shall be paid from the industry and farm products revolving
fund. No part of the revolving fund shall be used for the purpose of
paying the salaries of employees and offenders, other than those who
are engaged in the administration and operation of an industry and
farm program.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-6-11
Contract for management of program or activity operated for
employment of offenders
Sec. 11. The department may contract with private persons or
businesses, or governmental agencies and political subdivisions of
the state, for the management of any industry and farm program or
activity operated for the employment of offenders.
As added by Acts 1979, P.L.120, SEC.3.