Terminology: Iowa uses the term “Iowa state industries” in reference to its state work program that provides inmates with work for pay. Wisconsin uses the term “prison industries” in reference to providing inmates with work for pay.
3. Michigan
Prison Industries Board: Michigan’s department of corrections has the authority to establish an advisory council for state correctional industries (MCLS s. 800.324). Wisconsin does not address this issue. Assignment to Prison Industries: Michigan code does not address this issue.
Work Times: Michigan code does not address this issue.
Training: Michigan code does not address this issue.
Pay Rate: Michigan code does not address this issue.
Work Conditions: Michigan code does not address this issue.
Products of Prison Industries: In Michigan, prison industry products may be sold to state agencies and institutions (MCLS s. 800.326 (1) (a) and also to private businesses or individuals if the products are textiles and there are no similar products manufactured by an in-state private business (MCLS s. 800.326 (1) (c)). Wisconsin rules have no similar provisions. Specific Programs: Michigan code does not address this issue.
Prison Enhancement Certification Program: MCLS s. 800.324 allows Michigan’s department of corrections to establish a private sector/prison industry enhancement certification program. DOC 313.15 governs Wisconsin’s implementation of a PS/PIEC program. In Michigan, inmates working in the PS/PIEC program must receive wages that are not less than those paid for similar work, and deductions may not exceed 80% of gross wages. (MCLS s. 800.324 (h)) In Wisconsin, inmates working in the PS/PIEC program must receive comparable wages to those paid for similar work in the private sector as well. However, Wisconsin rules do not address deductions. Terminology: Michigan uses the term “correctional industries” in reference to providing inmates with work for pay. Wisconsin uses the term “prison industries” in reference to providing inmates with work for pay.
4. Minnesota
Prison Industries Board: Minnesota code does not address this issue.
Assignment to Prison Industries: Minnesota requires all inmates to work and only illness, physical disability, or participation in an education or treatment program will excuse an inmate from this requirement. (MSA s. 243.18 (2)) Wisconsin rules have no similar provision. Work Times: Minnesota code does not address this issue.
Training: Minnesota code does not address this issue.
Pay Rate: Minnesota allows the commissioner of corrections to determine appropriate compensation for inmate labor based upon the quality and character of the work performed. (MSA s. 243.23. (1)) Wisconsin allows prison industries to determine appropriate compensation for inmate labor. Minnesota allows the commissioner to pay a minimal amount of money to inmates who cannot work due to illness or physical disability. (MSA s. 243.23 (1)) Wisconsin only requires that inmates that are injured while working for prison industries such that they cannot work must receive the same base pay unless terminated or removed. Minnesota also permits the commissioner to deduct funds from inmate accounts for many reasons including taxes, repaying advances, gate money, family support, court ordered restitution, and room and board. (MSA s. 243.23 (1) – (14)) Wisconsin rules contain no similar provision. Work Conditions: Minnesota code does not address this issue.
Products of Prison Industries: Minnesota code does not address this issue.
Specific Programs: Minnesota code does not address this issue.
Prison Enhancement Certification Program: In Minnesota, an inmate may work for a private business that manufactures products that are placed in the stream of interstate commerce as long as the inmates are paid at least the minimum wage for work of a similar nature in a similar locality. (MSA s. 243.88 (2)) In Wisconsin, inmates working in the PS/PIEC program must receive comparable wages to those paid for similar work in the private sector. Terminology: Minnesota uses the term “Minnesota correctional industries” in reference to its state work program that provides inmates with work for pay. Wisconsin uses the term “prison industries” in reference to providing inmates with work for pay.
H. Summary of the factual data and analytical methodologies that DOC used in support of its determination of the rule’s fiscal effect on small businesses under s. 227.114, Stats. The department of corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s. 227.114, Stats. I. Any analysis and supporting documents that DOC used in support of the department's determination of the proposed rule’s effect on small businesses or that was used when the DOC prepared an economic impact report.
Not applicable.
J. Effect on small businesses
Not applicable.
K. Agency contact person
William J. Pollard, Warden, Dodge Correctional Institution, Department of Corrections, c/o 3099 East Washington Avenue, P.O. Box 7925, Madison, WI, 53707-7925; by phone: (920) 324-7200; or by email: DOCDLAdministrativeRulesCommittee@wisconsin.gov L. Place where comments are to be submitted and deadline for submission
Written comments on the proposed rule will be accepted and receive consideration if they are received by Bill Pollard c/o Glen Mercier. Written comments should be addressed to: Glen Mercier, at 3099 East Washington Avenue, P.O. Box 7925, Madison, WI, 53707-7925 or by e-mail: DOCDLAdministrativeRulesCommittee@wisconsin.gov SUBMISSION OF RULE TO THE PRISON INDUSTRIES BOARD. The department submitted the rule proposal to the Prison Industries Board for approval as required under s. 303.015 (1) (c), Stats. The Board approved the rule proposal on December 3, 2014. TEXT OF RULE
SECTION 1. Chapter DOC 313 is repealed and recreated to read:
PRISON INDUSTRIES
DOC 313.01 Purpose.
DOC 313.02 Authority.
DOC 313.03 Definitions.
DOC 313.04 Establishment of a prison industry.
DOC 313.05 Documentation.
DOC 313.06 Application and approval.
DOC 313.07 Probationary period.
DOC 313.08 Performance evaluation.
DOC 313.09 Work rules.
DOC 313.10 Discipline.
DOC 313.11 Termination and removal.
DOC 313.12 Compensation.
