65-06.2 Inmates of Penal Institutions
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<![CDATA[CHAPTER 65-06.2INMATES OF PENAL INSTITUTIONS65-06.2-01. Inmate defined. For the purposes of sections 65-06.2-02 and 65-06.2-03,an "inmate" is a person who is confined against the inmate's will in a city or county penal<br>institution or is a person who, as a criminal defendant before a court, is ordered or elects to<br>perform public service for a city or county in conjunction with or in lieu of a jail sentence. The<br>term "inmate" does not include an individual injured while incarcerated in the North Dakota state<br>penitentiary or any of its affiliated facilities or an individual injured in a fight, riot, recreational<br>activity, or other incident not directly related to the inmate's work assignment.65-06.2-02. Coverage of inmates - Conditions.1.If an inmate in performance of work in connection with the maintenance of the<br>institution, or with any industry maintained within the institution, or with any public<br>service activity, sustains a compensable injury, the inmate may be awarded and<br>paid benefits under the provisions of this title, upon being released from the<br>institution or after discharge from public service.2.Claims under this chapter must be filed and processed pursuant to section 65-05-01,<br>except that an inmate also has one year from the date of first release from the<br>institution or discharge from public service to file a claim.3.Workforce safety and insurance benefits under this chapter accrue and are payable<br>from the time of the inmate's release from the institution or after discharge from<br>public service.Disability benefits must be computed according to the methodsprovided in chapter 65-05. The inmate's weekly wage must be computed using<br>either the actual wage paid to the inmate or the federal minimum wage as of the<br>date of injury, whichever is higher.4.If a former inmate receiving disability benefits under the provisions of this chapter is<br>recommitted or sentenced by a court to imprisonment in a penal institution, the<br>disability benefits are payable pursuant to subsection 2 of section 65-05-08.65-06.2-03. Workers' compensation coverage of inmates. Any county or city, byresolution of the governing body, may elect to cover its inmates with workforce safety and<br>insurance benefits in accordance with this chapter. Any county or city that makes this election is<br>not liable to respond in damages at common law or by statute for injuries to or the death of any<br>inmate whenever the provisions of this chapter have been met and the premiums as set by the<br>organization are not in default.65-06.2-04.Workers' compensation coverage for inmates engaged in workprograms through roughrider industries. The director of the department of corrections and<br>rehabilitation may elect to provide and request from the organization a program of modified<br>workers' compensation coverage established under this chapter and according to administrative<br>rules and fee schedules of this chapter. The modified workers' compensation coverage is for<br>inmates incarcerated at the penitentiary and engaged in work in a prison industries work program<br>through roughrider industries, whether the program is operated by roughrider industries or by<br>contract with another entity or private employer. An inmate who sustains a compensable injury<br>arising out of and in the course of work in a prison industries work program through roughrider<br>industries may only receive workforce safety and insurance benefits under the modified workers'<br>compensation coverage established for that purpose.65-06.2-05.Modified coverage of inmates engaged in work programs throughroughrider industries - Conditions. Except as otherwise provided in this chapter, all claims for<br>workforce safety and insurance benefits under this section and sections 65-06.2-04, 65-06.2-06,<br>and 65-06.2-08 are subject to title 65.A claim under this section and sections 65-06.2-04,65-06.2-06, and 65-06.2-08 must be filed according to section 65-05-01. While an inmate is<br>incarcerated at the penitentiary, the penitentiary shall pay the reasonable medical expenses ofPage No. 1that inmate at penitentiary medical payment levels, if that inmate incurs a compensable injury<br>while working in a prison industries work program through roughrider industries. If an inmate<br>sustains a compensable injury while working in a prison industries work program through<br>roughrider industries, disability, vocational rehabilitation allowance, and permanent partial<br>impairment benefits may not accrue or be paid while the inmate is incarcerated and may only be<br>paid after the inmate is discharged from the penitentiary. If the director of the department of<br>corrections and rehabilitation and the organization determine that an inmate who suffers a<br>compensable injury under this chapter is in need of vocational rehabilitation services while the<br>inmate is incarcerated, the penitentiary and the organization may provide vocational rehabilitation<br>services to the inmate. An injury resulting from a fight, riot, recreational activity, or other activity<br>or incident other than the inmate's actual performance of work duties in a prison industries work<br>program through roughrider industries is not compensable under this title.65-06.2-06.Rulemaking - Excess or reinsurance coverage.The organization, incooperation with the department of corrections and rehabilitation and the risk management<br>division of the office of management and budget, shall adopt administrative rules and fee<br>schedules for a program of modified workers' compensation coverage established and provided<br>under this section and sections 65-06.2-04, 65-06.2-05, and 65-06.2-08. The administrative rules<br>and fee schedules must provide for the classification of inmates engaged in work in a prison<br>industries work program through roughrider industries, the computation of premium, the payment<br>of claims charges against the classification, the payment of medical bills, excess coverage or<br>reinsurance, and the reimbursement by roughrider industries to the organization for all claim<br>benefit costs charged against that classification, as well as any allocated loss adjustment<br>expense and all administrative expenses, including the expense of issuing the coverage, for the<br>life of the claim in excess of premiums and medical expenses paid by roughrider industries.<br>Roughrider industries shall secure excess coverage or shall reinsure all excess risks through the<br>risk management division to cover the costs in excess of premiums and medical expenses paid.<br>The risk management division shall assess a premium against roughrider industries for the cost<br>of excess or reinsurance coverage and roughrider industries shall pay that premium.65-06.2-07.State reimbursement for liability in excess of collected premiums.Whenever total costs and expenses charged to the classification of the modified workers'<br>compensation program established under this chapter exceeds the amount of premiums paid<br>into the fund and any policy limits of the reinsurance or excess coverage purchased under<br>section 65-06.2-06, those excess costs and expenses are a general obligation of the state and<br>the state shall reimburse the organization for credit to the workforce safety and insurance fund<br>through legislative appropriation.Roughrider industries shall secure a means of reinsuringexcess costs and expenses to minimize exposure of loss to the state general fund.Theorganization may not provide the additional excess coverage or reinsurance required under this<br>section. This modified workers' compensation coverage may not be effective unless the excess<br>coverage or reinsurance required under this section is in place.65-06.2-08. No liability for damages - Inmates are not employees. The state and itsemployees and the department of corrections and rehabilitation and its divisions, departments,<br>and employees may not be held liable for damages at common law or by statute if an inmate<br>covered under a program of modified workers' compensation coverage under this chapter<br>sustains a compensable injury while working in a prison industries work program through<br>roughrider industries. An inmate covered under a program of modified workers' compensation<br>coverage under this chapter is not an employee of the state or the department of corrections and<br>rehabilitation and its divisions and departments, except for the purpose of modified workers'<br>compensation coverage under this chapter.65-06.2-09. Safety and performance audit. The organization shall perform a safetyaudit of the roughrider industries work programs covered under this chapter and a performance<br>audit of the program of modified workers' compensation coverage. The organization shall submit<br>a report with recommendations based on the safety and performance audit to the legislative<br>council no later than thirty days before the commencement of each regular session of the<br>legislative assembly.Page No. 2Document Outlinechapter 65-06.2 inmates of penal institutions]]>