NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION

CHAPTER 682
SENATE BILL 605

AN ACT TO ENCOURAGE USEFUL WORK BY PRISON INMATES, USING THE PRESENT POWER OF THE SECRETARY OF CORRECTION TO ENTER INTO CONTRACTS INVOLVING INMATE LABOR.

The General Assembly of North Carolina enacts:

Section 1.  This act shall be known as the "Inmate Labor Act of 1975."
Sec. 2.  G.S. 148-26(a) is amended by adding the following language at the end:
"In exercising his power to enter into contracts to supply inmate labor as provided by this section, the Secretary of Correction shall not assign any inmate to work under any such contract who is eligible for work release as provided in this Article, study release as provided by G.S. 148-4(4), or who is eligible for a program of Vocational Rehabilitation Services through the State Vocational Rehabilitation Agency, unless suitable work release employment or educational opportunity cannot be found for the inmate, and the inmate is not eligible for a program of Vocational Rehabilitation Services through the State Vocational Rehabilitation Agency, and shall not agree to supply inmate labor for any project or service unless it meets all of the following criteria:
(1)	The project or service involves a type of work that inmates are qualified to do;
(2)	The project or service is of benefit to the citizens of North Carolina or units of State or local government thereof;
(3)	The project or service is not one that would normally be performed by private industry or noninmate labor if inmate labor were not available.
(4)	Wages shall be paid in an amount not exceeding one dollar ($1.00) per day per inmate by the local or State contracting agency."
Sec. 3.  G.S. Chapter 148, Article 3, is amended by adding the following new sections between G.S. 148-26 and G.S. 148-27.
"§ 148-26.1.  Definitions. — The following definitions apply
(1) 'Area command' or 'area':
(a)	This term refers to one of the six geographic areas into which the State is now divided for prison administrative purposes, and is defined only for the purpose of establishing area inmate labor commissions, as provided by G.S. 148-26.2. The definition does not restrict the authority of the Secretary of Correction to change the geographic organization of the Department of Correction.
(b)	The six geographic areas are as follows:
	Western Area. Cherokee, Clay, Graham, Macon, Swain, Jackson, Haywood, Transylvania, Henderson, Buncombe, Madison, Yancey, McDowell, Polk, Rutherford, Mitchell, Burke, Avery, Watauga, Caldwell, Ashe, Alleghany, Wilkes, Alexander, Catawba and Cleveland Counties.
	North Piedmont Area. Surry, Stokes, Rockingham, Caswell, Yadkin, Forsyth, Guilford, Alamance, Davie, Davidson and Randolph Counties.
	South Piedmont Area. Iredell, Rowan, Lincoln, Gaston, Mecklenburg, Cabarrus, Stanley and Union Counties.
	North Central Area. Person, Orange, Durham, Chatham, Lee, Granville, Wake, Vance, Franklin, Johnston, Warren, Northampton, Halifax, Edgecombe, Nash and Wilson Counties.
	South Central Area. Anson, Montgomery, Richmond, Moore, Scotland, Hoke, Harnett, Robeson, Cumberland, Bladen, Columbus, Sampson, Brunswick, Pender and New Hanover Counties.
	Eastern Area. Wayne, Duplin, Greene, Lenoir, Jones, Onslow, Pitt, Craven, Carteret, Pamlico, Beaufort, Hyde, Martin, Washington, Tyrrell, Dare, Bertie, Hertford, Gates, Chowan, Perquimans, Pasquotank, Camden and Currituck Counties.
(2)	'Area administrator': The administrator of State prison facilities within one of the areas defined in subsection (1) of this section.
(3)	'Unit superintendent': The superintendent of any State prison unit or camp other than Central Prison, the Correctional Center for Women, Blanch Prison, Craggy Prison, Caledonia Prison and Odom Prison.
(4)	'Principal department' or 'department': One of the principal departments of State government enumerated in G.S. 143A-11 and G.S. 143B-6 or one of the constituent institutions of the University of North Carolina defined by G.S. 116-2(4).
(5)	'Department head': The head of one of the principal departments of State government, within the meaning of G.S. 143A-2 or G.S. 143B-10, or the chancellor of any of the constituent institutions of the University of North Carolina as defined by G.S. 116-2(3).
(6)	'Secretary': The Secretary of Correction.
(7)	'Area commission': One of six area inmate labor commissions as defined by G.S. 148-26.2.
(8)	'Local public work project' or 'local public work': A useful service other than the construction of buildings performed on any land, or any structure thereon, belonging to any municipal or county government, including but not limited to parks, campuses, playgrounds, highways, roads, lakes, forests and waterways.
(9)	'State public work project' or 'State public work': A useful service other than the construction of buildings performed on any land, or any structure thereon, belonging to any principal department of State government as defined in subsection (4) above, including, but not limited to, State parks, campuses, playgrounds, highways, roads, lakes, forests and waterways.
"§ 148-26.2.  Area inmate labor commissions. — (a) Each area commission shall have five members who shall be residents of the area; one shall be appointed by the Secretary of Correction; two shall be appointed by the Governor to represent the League of Municipalities and State community colleges, respectively; two shall be interested and knowledgeable citizens, one appointed by the Lieutenant Governor and one by the Speaker of the House. Each member shall serve a term of four years, and each successor, in the event of death, resignation or expiration of term, shall be appointed in the manner in which the first incumbent was appointed. The first members of the area commissions shall be appointed no later than September 1, 1975.
(b)	Each area commission shall select a chairman from its membership. The chairman shall serve a term of one year.
(c)	Each area commission shall meet at least four times per year. The Department of Correction shall provide space for meetings of each area commission at the location of the main office of the area administrator.
(d)	The general function of each area commission shall be to encourage the constructive employment of State prison inmates in its area on local public work projects by recommending appropriate projects to the secretary. Each unit superintendent shall report to the area commission in his area all proposals for the employment of inmates on specific local public work projects that he may develop on his own initiative or that may be suggested to him by any local government, civic organization or citizen of North Carolina. Each area commission shall consider each proposal, including proposals developed by its members, regarding inmate employment in local public work to determine if it meets the criteria provided by G.S. 148‑26(a). If the proposal meets the criteria, the area commission shall forward the proposal and its recommendation in writing to the secretary. The secretary shall have complete discretion to enter into a contract to provide inmate labor for the proposed local public work.
"§ 148-26.3.  State Inmate Labor Commission. — (a) There shall be a State Inmate Labor Commission consisting of the chairmen of the six area inmate labor commissions as provided by G.S. 148-26.2 and a general chairman appointed by the Governor for a four-year term. In the event of death, resignation or expiration of term, the Governor shall appoint the succeeding general chairman. The first general chairman shall be appointed no later than September 1, 1975.
(b)	The State Inmate Labor Commission shall meet at least four times per year in Raleigh in space provided by the Department of Correction. The general chairman shall act as chairman at all meetings. The general chairman and four other members of the commission shall constitute a quorum for the purpose of doing business.
(c)	The State Inmate Labor Commission shall recommend to the secretary the employment of State prison inmates on specific State public work projects subject to the following procedure:
(1)	Any civic organization. Area Inmate Labor Commission unit superintendent, or citizen of North Carolina may suggest the employment of inmates on a specific State public work project. The suggestion must be made in writing to the department head of the principal department of State government that owns or is primarily responsible for the State land on which the proposed project is to take place.
(2)	The department head may in his discretion submit in written form any proposal regarding inmate employment on a specific State public work project affecting his department, whether the proposal is received from others or developed on his own initiative, to the State Inmate Labor Commission.
(3)	The State Inmate Labor Commission shall examine each proposal regarding inmate employment on a specific State public work project, whether the proposal is received from others or developed by commission members, to determine whether it meets the criteria provided by G.S. 148-26(a). If the proposal meets the criteria, the commission shall forward the proposal and its recommendation in writing to the secretary. The secretary shall have complete discretion to enter into a contract to provide inmate labor for the proposed State public work.
(d)	The State Inmate Labor Commission shall advise the secretary on the employment of State prison inmates, make a written report at least once per year to the secretary and the General Assembly concerning inmate employment throughout the State, make other reports as the secretary may require and may submit proposed legislation to the General Assembly concerning inmate employment.
"§ 148-26.4.  Members of the Area Inmate Labor Commissions and the State Inmate Labor Commission shall receive compensation and expense allowance as provided by G.S. 138-5.
"§ 148-26.5.  Pay and time allowances for work. — The provisions of G.S. 148-18 and G.S. 148-13 shall be applicable to inmate work on local or State public work projects contracted for by the Secretary of Correction as provided by G.S. 148-26 through G.S. 148-26.4. Travel, cost of inmate wages and custodial supervision expenses incurred by the Department of Correction and arising out of a local or State public work project shall be reimbursed on a cost basis to the Department of Correction by the local or State contracting agency."
Sec. 4.  Nothing in this act shall be construed as altering or amending G.S. 148‑26(b) or G.S. 148-18(a) as set out in Chapter 506 of the 1975 Session Laws.
Sec. 5.  This act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 19th day of June, 1975.