KRS 197.105: Prison Industry Enhancement Certification Program (PIECP) -- Lease of

labor of state prisoners within department's facilities for production of

nonagricultural goods for sale to public and private buyers.

(1) The department may admi nister a Prison Industry Enhancement Certification

Program (PIECP) and may lease the labor of state prisoners within the boundaries

of the state's Department of Corrections facilities for the production of

nonagricultural goods for sale to both public and private buyers, if the department

meets the conditions set out in this section. This section shall apply only to the

leasing of labor in accordance with a PIECP and not to programs otherwise

operated by Kentucky Correctional Industries.

(2) The department shall not lease the labor of a prisoner who does not consent in

writing to the leasing of that prisoner's labor.

(3) The department shall retain full responsibility for the care, custody, and control of

the prisoner and shall supply appropriate security an d custody services without cost

to the person leasing the labor.

(4) The department shall ensure that the prisoner is paid wages at a rate not less than

that paid for work of a similar nature in the locality in which the work takes place,

as determined by the Education and Labor Cabinet, and never less than the federal

minimum wage. The final decision on the appropriate wage, in keeping with federal

and state labor and wage laws, shall be made by the Education and Labor Cabinet.

(5) The department shall not allow a prisoner whose labor has been leased under this

section to:

(a) Engage in work that would result in the displacement of employed workers in

the specific Department of Corrections locale. As used in this paragraph, a

displaced employed worker is:

1. A civilian worker employed in the same task by the employer leasing or

applying to lease prisoner labor, who would lose his or her job if the

prisoner labor were leased; or

2. A civilian worker who is employed full -time and, as a result of the

prisoner l abor lease, is forced to work part -time, regardless of wage

increase.

A civilian wo rker is not considered displaced for the purposes of this

paragraph if the civilian worker remains employed in a job acceptable to that

worker and at equal or higher wages than that worker previously received.

The employer shall provide whatever retraining is required of the civilian

worker at no cost to the civilian worker;

(b) Labor in a skill, craft, or trade in which there is a surplus of labor for that

skill, craft, or trade in that specific Department of Corrections locale;

(c) Perform any work that would impair existing contracts for goods or services;

(d) Perform leased work outside of Department of Corrections facilities; or

(e) Perform leased construction work inside or outside Department of Corrections

facilities.

(6) Before the commencement of an y leased labor project at a Department of

Corrections facility under this section, the department shall:

(a) Receive a written projection from the Education and Labor Cabinet that the

leased labor project shall not result in acts prohibited by subsection ( 5)(a) to

(c) of this section;

(b) Receive written documentation from the employer leasing or applying to lease

prisoner labor agreeing to not displace any of its nonprisoner employees with

leased prisoner labor;

(c) Have written documentation of consultati on with local unions representing

labor in the specific Department of Corrections facility's locale in any skill,

craft, or trade in which a prisoner may labor at that facility. If a local union is

not available, the department shall consult with a similar statewide union. The

department shall present this information to the Kentucky State Corrections

Commission;

(d) Have written documentation of consultation with local private businesses that

may be economically impacted by the leased labor project. The de partment

shall present this information to the Kentucky State Corrections Commission;

and

(e) Have written documentation of compliance with the National Environmental

Policy Act (NEPA).

(7) The leasing of prisoner labor shall not be deemed to create an emp loyer-employee

relationship between the person leasing the labor of the prisoner and the prisoner.

However, the person leasing the labor of the prisoner shall provide for workers'

compensation coverage for the prisoner and, if applicable, Social Security c overage

for the prisoner.

(8) A prisoner, as a condition of participation in a program operating under the

provisions of this section, shall agree to the deductions from the prisoner's earnings

set out in this subsection. The department or the person leasi ng the labor of the

prisoner shall deduct, in the following order, from a prisoner's gross wages:

(a) If the prisoner is the subject of a court or administrative order for the support

of a dependent, no less than twenty -five percent (25%) for the payment o f the

court or administratively ordered support. These deducted wages shall be paid

to the Office of the Attorney General's Child Support Enforcement Program

for disbursement in accordance with federal and state law;

(b) Twenty percent (20%) to be paid to the crime victim's compensation fund

established in KRS 49.480;

(c) Applicable federal, state, and local taxes, including Social Security if

applicable; and

(d) Reasonable room and board fees established by the department by

administrative regulation.

Total deductions from a prisoner's gross wages shall not exceed eighty percent

(80%).

(9) The department shall require any person leasing the labor of a prisoner to post

bond, with good surety, in an amount determined by the department, against any

judgment t hat may be entered against the department arising from the leasing of

prisoner labor to that person.

(10) In leasing prisoner labor under this section, the department shall seek to have the

labor leased to the highest responsible bidder.

(11) The departmen t shall provide for reasonable access to the grounds of the

Department of Corrections facilities for the person leasing the inmate labor and for

the location of the work and the transporting and siting of equipment and supplies,

with the security of the public being paramount.

(12) The department may promulgate administrative regulations to implement the

provisions of this section.