Correctional industries.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0014

ENROLLED ACT NO. 8, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to penal institutions; expanding correctional industries program; clarifying provisions; amending procurement requirements relating to correctional industries program; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 7
‑
16
‑
206(a)(ii) and
(e), 9
‑
2
‑
1016(b)(iv)(F), 25
‑
1
‑
104(g) and 25
‑
13
‑
104 are amended to read:

7
‑
16
‑
206.

Permitted institutional industries; powers of department.

(a)

The department of corrections, for purposes of assisting in the rehabilitation of residents of state penal institutions, may:

(ii)

Contract with private industry for the sale of products manufactured in state penal institutions
and for the provision of services
pursuant to W.S. 25
‑
13
‑
104
;

(e)

Proceeds from the sale of products manufactured or services provided at a state penal institution pursuant to subsection (a) of this section shall be deposited in the
appropriate account for the use of the industries program of the same institution
correctional industries account in accordance with W.S. 25
‑
13
‑
103(a)
.

9
‑
2
‑
1016.

General services division.

(b)

For the purpose of this subsection the term "agencies" does not include the University of Wyoming, community college districts, or school districts. It does not include the department of transportation except as to
paragraphs (xi), (xii) and (xiii) of this subsection. The department through the general services division shall:

(iv)

Adopt standard forms and procedures providing that bids or contracts for supplies or services shall be awarded through the use of competitive sealed bidding, competitive negotiation, noncompetitive negotiation or small purchase procedures as hereafter provided:

(F)

This paragraph shall not apply to
the procurement
by the department of corrections
of raw materials used in a correctional industries program to manufacture goods or to provide services under W.S. 7
‑
16
‑
206(a)(i), the procurement of goods or services from the department of corrections under W.S. 7
‑
16
‑
206(a)(i) when the goods or services produced are not available from other Wyoming manufacture
r
s or service providers,
the procurement of professional services under W.S. 9
‑
2
‑
1027 through 9
‑
2
‑
1033, nor to purchases of feed by the game and fish department for winter elk ranges. Subparagraph (E) of this paragraph shall not apply to the procurement of services or supplies by the offices of state elected officials. Subparagraph (D) of this paragraph shall not apply to the procurement of services by the offices of state elected officials if the contract is for twenty thousand dollars ($20,000.00) or less;

25
‑
1
‑
104.

Creation of department of corrections; duties; inspections of state institutions; regulation of prisoner produced goods.

(g)

The department shall establish rules and regulations regarding the
provision of services and the

production of goods by prisoners at all state corrections institutions including but not limited to labor
requirements, wage rates, use of goods within the institution of origin, sales price and method of distribution to other institutions or the general public. In promulgating rules relating to correctional industries programs authorized by W.S. 25
‑
13
‑
101 through 25
‑
13
‑
107, the department shall adhere to the requirements of the private sector prison industry enhancement certification program of the federal bureau of justice assistance. Rules and regulations promulgated under this subsection shall place limitations on competition with the private sector and will ensure that no contract entered into under W.S. 25
‑
13
‑
101 through 25
‑
13
‑
107 will result in the displacement of employed workers in the state in excess of limitations established by the correctional industries advisory board created by W.S. 25
‑
13
‑
102.

25
‑
13
‑
104.

Agreements with private employers; leases.

The department, in consultation with the correctional industries advisory board, may establish programs for the employment of inmates by private employers and enter into agreements with private employers under which the employer owns, constructs, leases to or from the department or otherwise establishes facilities to manufacture or process goods
, provide services
or conduct any other business, commercial or agricultural enterprise and employ inmates from a correctional facility. Facilities established under this section may be located within or outside the exterior boundaries of a state correctional facility property. Construction of facilities by private employers under this section shall not be subject to competitive bid requirements applicable to construction by the state. Inmate labor may be used pursuant to W.S. 7
‑
16
‑
202 for construction of facilities that occurs within the exterior boundaries of a state correctional facility property under this section.

Section 2.

This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1