Repeals the Advisory Board of Vocational Enterprises Program

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1577
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
6289S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 217.550, 217.555, and 217.567, RSMo, and to enact in lieu thereof two new
sections relating to the advisory board of vocational enterprises program.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 217.550, 217.555, and 217.567, RSMo, 1
are repealed and two new sections enacted in lieu thereof, to 2
be known as sections 217.550 and 217.567, to read as follows:3
217.550. 1. The department shall establish and 1
operate at its correctional centers a vocational enterprise 2
program which includes industries, services, vocational 3
training, and agribusiness operations. The director shall 4
have general supervision over planning, establishment and 5
management of all vocational enterprise operations provided 6
by and within the department and shall decide at which 7
correctional center each vocational enterprise shall be 8
located, taking into consideration the offender custody 9
levels, the number of offenders in each correctional center 10
so the best service or distribution of labor may be secured, 11
location and convenience of the correctional centers in 12
relation to the other correctional centers to be supplied or 13
served and the machinery presently contained in each 14
correctional center. 15
2. [No service shall be established or renewed without 16
prior approval by the advisory board of vocational 17
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enterprises program established by section 217.555. The 18
board shall make a finding that the establishment of the 19
service shall be beneficial to those offenders involved and 20
shall not adversely affect any statewide economic group or 21
industry. 22
3.] The annual report of Missouri vocational 23
enterprises submitted to the director shall include: 24
(1) A list of the correctional industries, services, 25
vocational training programs, and agribusinesses in 26
operation; 27
(2) A list of correctional industries, services, 28
vocational training programs, and agribusinesses started, 29
terminated, moved, expanded, or reduced during the period; 30
(3) The average number of offenders employed in each 31
correctional industry, service, vocational training program, 32
or agribusiness operation; 33
(4) The volume of sales of articles, services, and 34
materials manufactured, grown, processed or provided; 35
(5) An operating statement showing the profit or loss 36
of each industry, service, vocational training program, and 37
agribusiness operation; 38
(6) The amount of sales to state agencies or 39
institutions, to political subdivisions of the state, or any 40
other entity with which the vocational enterprise program 41
does business, and the amount of open market sales, if any; 42
and 43
(7) Such other information concerning the correctional 44
industries, services, vocational training programs, and 45
agribusiness operations as requested by the director. 46
217.567. 1. Notwithstanding the provisions of any 1
other law to the contrary, the director is hereby authorized 2
to contract with a private individual, corporation, 3
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partnership or other lawful entity for inmate work or 4
vocational training projects involving the manufacture and 5
processing of goods, wares or merchandise, or any service- 6
related business or commercial enterprise deemed by the 7
director to be consistent with the proper employment, 8
training and rehabilitation of offenders. 9
2. Any contract authorized by this section shall be in 10
compliance with federal law, shall be competitively 11
negotiated by the department and the private entity, shall 12
not result in the displacement of civilian workers employed 13
in the community or state[, and shall be subject to the 14
approval of the advisory board of vocational enterprises 15
program created pursuant to section 217.555]. 16
3. The director may lease space in one or more 17
buildings or portions of buildings on the grounds of any 18
correctional center, together with the real estate needed 19
for reasonable access to and egress from the leased premises 20
to a private individual, corporation, partnership or other 21
lawful entity for the purpose of establishing and operating 22
a business enterprise. The enterprise shall at all times 23
observe practices and procedures regarding security as the 24
lease may specify or as the correctional center 25
superintendent may temporarily stipulate during periods of 26
emergency. The enterprise shall be deemed a private 27
enterprise and is subject to all federal and state laws 28
governing the operation of similar private business 29
enterprises as specified by the authorized contract. 30
4. Subject to the approval of the director and upon 31
such terms as may be prescribed, any lessee operating such 32
an enterprise may employ and discharge from employment 33
selected offenders of the correctional center where the 34
enterprise is operated or from other correctional centers in 35
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close proximity. Offenders assigned to such an enterprise 36
are subject to all departmental and divisional rules in 37
addition to rules and regulations promulgated by the 38
authorized contractor. Offenders assigned to such an 39
enterprise for employment purposes shall be required to pay 40
a percentage of their wages as established by the director 41
of not less than five percent nor more than twenty percent 42
of gross wages to the crime victims' compensation fund, 43
section 595.045. 44
5. The director shall establish policies and 45
procedures for determining the specific wages paid, workers' 46
compensation benefits and deductions from wages to include 47
room and board; federal, state and Social Security taxes; 48
and family support. All deductions must not total more than 49
eighty percent of gross wages. Provisions of the Fair Labor 50
Standards Act shall apply to contractual offender workers. 51
[217.555. 1. There is hereby created and 1
established an "Advisory Board of Vocational 2
Enterprises Program" consisting of the director 3
of the division of offender rehabilitative 4
services or his designee, who shall serve as 5
chairman, the vocational enterprises 6
administrator and three members representing 7
organized labor and three members representing 8
manufacturing interests, one member who is 9
qualified by education and experience in 10
criminology, and one member who is qualified by 11
education and experience in vocational 12
rehabilitation. The public board members shall 13
be appointed by the department director for a 14
term of four years, with appointments to this 15
board made so that two members' terms expire 16
each year. The commissioner of administration 17
or his designee, and the governor or his 18
designee, shall serve as ex officio members of 19
the board. 20
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2. The board shall meet at least quarterly 21
at the call of the chairman. 22
3. The board shall provide the director 23
advice and counsel on proper planning and 24
programs for the vocational enterprises program 25
within the department and shall make 26
recommendations concerning the services to be 27
provided and the articles manufactured, 28
including style, design, and quality, as well as 29
for economy and efficiency in their 30
manufacture. New industries and agribusiness 31
operations may be established or terminated at 32
the discretion of the director. 33
4. The members of the board, other than 34
the chairman, and ex officio members, shall 35
receive compensation at the rate of one hundred 36
dollars plus all actual and necessary expenses 37
for each day they are engaged in the discharge 38
of their official duties.] 39
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