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- 2025
69th Legislature 2025 HB 572
- 1 - Authorized Print Version – HB 572
ENROLLED BILL
AN ACT REVISING THE MONTANA CORRECTIONAL ENTERPRISES PRISON INDUSTRIES TRAINING
PROGRAM; REQUIRING THE PRISON INDUSTRIES TRAINING PROGRAM TO INCLUDE EDUCATIONAL
PROGRAMMING; INCREASING THE ALLOWABLE MAXIMUM SUM OF CONSTRUCTION PROJECTS
PERFORMED BY INMATES; ALLOWING THE MONTANA CORRECTIONAL ENTERPRISES PROGRAM TO
PROVIDE VOCATIONAL PROGRAMS THAT SUPPORT PRIVATE MARKET DEMAND; ELIMINATING THE
REQUIREMENT FOR PRODUCTS AND SERVICES TO BE PROVIDED THROUGH CONTRACTS AND
DEALER NETWORKS; DIRECTING THE DEPARTMENT OF CORRECTIONS TO MEET WITH LABOR
UNION AND BUILDING TRADES REPRESENTATIVES TO DEVELOP AN PREAPPRENTICESHIP TRAINING
PROGRAM FOR INMATES; AMENDING SECTIONS 53-30-131 AND 53-30-132, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Preapprenticeship training program for inmates. The department of corrections shall
meet with labor union and building trades representatives for the purposes of developing a preapprenticeship
training program for inmates participating in the construction program to help ensure the inmates' successful
transition into the construction industry upon release from prison.
Section 2. Section 53-30-131, MCA, is amended to read:
"53-30-131. Montana correctional enterprises prison industries training program -- purpose
and scope. (1) There is a Montana correctional enterprises program within the department of corrections to
operate a prison industries training program. The Montana correctional enterprises program shall:
(a) prepare inmates for release by providing vocational education training and work programs at
facilities owned, operated, and contracted with by the department; and
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(b) provide inmates the opportunity to earn money to pay restitution, fines, and fees, to pay for
hygiene and commissary items, and to save for their eventual release from incarceration.
(2) The prison industries training program consists of educational programming, vocational
education, on-the-job training, and production experience. The Montana correctional enterprises program may
contract with public and private educational entities to provide this training.
(3) The Montana correctional enterprises program may:
(a) provide training and experience within the prison system in:
(i) cultivation, production, processing, manufacture, repair, construction, refurbishment, service,
and related processes involving personal property, including but not limited to such items as crops, milk and
milk products, wood products, livestock, furniture, and office and electrical equipment;
(ii) animal training and boarding;
(iii) vehicle and equipment maintenance and repair;
(iv) wildland fire suppression; and
(v) approved community work programs for governmental entities and not-for-profit organizations;
(b) provide for the repair and maintenance of property and equipment of institutions or facilities by
inmates;
(c) provide for construction projects, up to the aggregate sum of $200,000 $600,000 for each
project, performed by inmates. Construction projects described in this subsection (3)(c) may only be
constructed on the grounds of the Montana state prison. The department of administration may:
(i) exempt projects authorized by this subsection (3)(c) from the provisions of Title 18, chapter 2,
relating to construction, public bidding, bonding, or contracts; and
(ii) exempt inmates who provide labor for those projects from the labor and wage requirements of
Title 18, chapter 2, part 4.
(d) provide for the manufacture by prison industries of highway, road, and general information
signs for the use of the state or any of its political subdivisions, except when the manufacture of the signs is in
violation of a collective bargaining contract; and
(e) provide for the manufacture of motor vehicle license plates and other related articles; and
(f) provide vocational programs that support private market demand.
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(4) The Montana correctional enterprises program may provide its products and services to
government agencies, school districts, and nonprofit and for-profit organizations through contracts and dealer
networks. Furniture, print, and sign shop products may be sold to the general public only through dealer
networks.
(5) Except as provided in subsection (6), furniture made in the prison may be purchased by state
agencies in accordance with the procurement provisions under Title 18, chapter 4.
(6) Any state institution, facility, or program operated by the department of corrections may
purchase prison-made furniture goods without complying with the procurement provisions under Title 18,
chapter 4.
(7) The Montana correctional enterprises program may donate surplus food grown or produced at
the prison to local food banks, nonprofit organizations, and low-income persons.
(8) The Montana correctional enterprises program is authorized to sell livestock on the open
market."
Section 3. Section 53-30-132, MCA, is amended to read:
"53-30-132. (Temporary) Inmate participation and status in prison work programs -- Montana
correctional enterprises prison industries training program -- wages and benefits. (1) Able-bodied
persons committed to a state prison as adult offenders may be required to perform work as provided for by the
department of corrections, including work in the Montana correctional enterprises prison industries training
program involving the manufacture of products or the rendering of services. In order to ensure the public safety,
the department may secure inmates performing work.
(2) The Montana correctional enterprises prison industries training program may:
(a) obtain federal certification, as required by federal law, of specific prison industries programs in
order to gain access to interstate markets for prison industries products;
(b) print catalogs describing goods manufactured or produced by prison industries and distribute
the catalogs;
(c) fix the sale price for goods produced or manufactured by prison industries. Prices may be set
according to market standards and prices for goods or services of comparable quality. The price of products
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must include the cost of all raw materials and labor used to manufacture or produce the product.
(d) require a correctional facility to purchase needed goods and services from the Montana
correctional enterprises program.
(3) The Montana correctional enterprises program may:
(a) pay an inmate from receipts from the sale of products produced or manufactured or services
rendered in a program in which the inmate is working;
(b) collect 15% of the gross wages paid to an inmate employed in a federally certified prison
industries program to satisfy any unpaid court-ordered obligations, including restitution on previously
discharged sentences for which restitution remains owing. If the inmate's court-ordered obligations have been
fully paid or no restitution was ordered, the Montana correctional enterprises program shall collect 15% of the
gross wages paid to an inmate for transfer quarterly to the crime victims compensation and assistance program
in the department of justice for deposit in the account provided for in 53-9-113.
(c) collect charges for room and board from an inmate employed in a federally certified prison
industries program. The Montana correctional enterprises program shall deposit inmates' room and board
charges into its enterprise fund to help defray the cost of prison industries training programs.
(4) While engaged in on-the-job training and production, inmates not employed working in a
federally certified prison industries program may be paid a wage in accordance with subsection (5). Inmates
employed in a federally certified prison industries program must be paid as provided in subsection (5)(b).
(5) (a) Except as provided in subsection (5)(b), the maximum rate of pay must be determined by
the appropriation established for the program, and payment for the performance of work may be based on the
following criteria:
(i) knowledge and skill;
(ii) attitude toward authority;
(iii) physical effort;
(iv) responsibility for equipment and materials; and
(v) regard for safety of others.
(b) Inmates employed in a federally certified prison industries program must be paid the federal
minimum wage or be paid at a rate not less than the rate paid for similar work in the locality where the inmate
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performs the work as determined by the federal bureau of justice.
(6) Premiums for workers' compensation and occupational disease coverage for federally certified
prison industries programs must be paid by the Montana correctional enterprises prison industries training
program or by the department of corrections. If the department of corrections pays the premium, reimbursement
for premium payments for workers' compensation and occupational disease coverage must be made to the
department of corrections by the private company contracting with the federally certified prison industries
program for services and products.
(7) Inmates not working in a federally certified prison industries program are not employees, either
public or private, and employment rights accorded other classes of workers do not apply to the inmates.
Inmates working in a federally certified prison industries program are entitled to coverage and benefits as
provided in 39-71-744. (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
53-30-132. (Effective July 1, 2027) Inmate participation and status in prison work programs --
Montana correctional enterprises prison industries training program -- wages and benefits. (1) Able-
bodied persons committed to a state prison as adult offenders may be required to perform work as provided for
by the department of corrections, including work in the Montana correctional enterprises prison industries
training program involving the manufacture of products or the rendering of services. In order to ensure the
public safety, the department may secure inmates performing work.
(2) The Montana correctional enterprises prison industries training program may:
(a) obtain federal certification, as required by federal law, of specific prison industries programs in
order to gain access to interstate markets for prison industries products;
(b) print catalogs describing goods manufactured or produced by prison industries and distribute
the catalogs;
(c) fix the sale price for goods produced or manufactured by prison industries. Prices may be set
according to market standards and prices for goods or services of comparable quality. The price of products
must include the cost of all raw materials and labor used to manufacture or produce the product.
(d) require a correctional facility to purchase needed goods and services from the Montana
correctional enterprises program.
(3) The Montana correctional enterprises program may:
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(a) pay an inmate from receipts from the sale of products produced or manufactured or services
rendered in a program in which the inmate is working;
(b) collect 15% of the gross wages paid to an inmate employed in a federally certified prison
industries program to satisfy any unpaid court-ordered obligations, including restitution on previously
discharged sentences for which restitution remains owing. If the inmate's court-ordered obligations have been
fully paid or no restitution was ordered, the Montana correctional enterprises program shall collect 15% of the
gross wages paid to an inmate for transfer quarterly to the crime victims compensation and assistance program
in the department of justice for deposit in the state general fund as provided in Title 53, chapter 9, part 1.
(c) collect charges for room and board from an inmate employed in a federally certified prison
industries program. The Montana correctional enterprises program shall deposit inmates' room and board
charges into its enterprise fund to help defray the cost of prison industries training programs.
(4) While engaged in on-the-job training and production, inmates not employed working in a
federally certified prison industries program may be paid a wage in accordance with subsection (5). Inmates
employed in a federally certified prison industries program must be paid as provided in subsection (5)(b).
(5) (a) Except as provided in subsection (5)(b), the maximum rate of pay must be determined by
the appropriation established for the program, and payment for the performance of work may be based on the
following criteria:
(i) knowledge and skill;
(ii) attitude toward authority;
(iii) physical effort;
(iv) responsibility for equipment and materials; and
(v) regard for safety of others.
(b) Inmates employed in a federally certified prison industries program must be paid the federal
minimum wage or be paid at a rate not less than the rate paid for similar work in the locality where the inmate
performs the work as determined by the federal bureau of justice.
(6) Premiums for workers' compensation and occupational disease coverage for federally certified
prison industries programs must be paid by the Montana correctional enterprises prison industries training
program or by the department of corrections. If the department of corrections pays the premium, reimbursement
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for premium payments for workers' compensation and occupational disease coverage must be made to the
department of corrections by the private company contracting with the federally certified prison industries
program for services and products.
(7) Inmates not working in a federally certified prison industries program are not employees, either
public or private, and employment rights accorded other classes of workers do not apply to the inmates.
Inmates working in a federally certified prison industries program are entitled to coverage and benefits as
provided in 39-71-744."
Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
53, chapter 30, part 1, and the provisions of Title 53, chapter 30, part 1, apply to [section 1].
Section 5. Effective date. [This act] is effective on passage and approval.
Section 6. Termination. [Section 1] terminates December 30, 2026.
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I hereby certify that the within bill,
HB 572, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 572
INTRODUCED BY J. FITZPATRICK
AN ACT REVISING THE MONTANA CORRECTIONAL ENTERPRISES PRISON INDUSTRIES TRAINING
PROGRAM; REQUIRING THE PRISON INDUSTRIES TRAINING PROGRAM TO INCLUDE EDUCATIONAL
PROGRAMMING; INCREASING THE ALLOWABLE MAXIMUM SUM OF CONSTRUCTION PROJECTS
PERFORMED BY INMATES; ALLOWING THE MONTANA CORRECTIONAL ENTERPRISES PROGRAM TO
PROVIDE VOCATIONAL PROGRAMS THAT SUPPORT PRIVATE MARKET DEMAND; ELIMINATING THE
REQUIREMENT FOR PRODUCTS AND SERVICES TO BE PROVIDED THROUGH CONTRACTS AND
DEALER NETWORKS; DIRECTING THE DEPARTMENT OF CORRECTIONS TO MEET WITH LABOR UNION
AND BUILDING TRADES REPRESENTATIVES TO DEVELOP AN PREAPPRENTICESHIP TRAINING
PROGRAM FOR INMATES; AMENDING SECTIONS 53-30-131 AND 53-30-132, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE.