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.
DOC 313.13 Work day.
DOC 313.14 Inmate employee labor unions.
DOC 313.15 Equal opportunity.
DOC 313.16 Shutdown and layoff.
DOC 313.17 Private sector and prison industry enhancement certification programs.
DOC 313.18 Correctional farms
DOC 313.01 Purpose. The purposes of prison industries are to provide meaningful employment opportunities, to assist inmates in reintegration into their communities, and to maintain self–supporting industries through the sale of products and services. The goals of prison industries include all of the following:
(1) Provide inmates with work skills, habits, and training necessary to compete in the job market, thereby increasing the potential for a successful return to society.
(2) Maintain self–sufficiency of the program to the degree possible while maintaining inmate wages based on productivity.
(3) Utilize production methods and business practices consistent with those used by private industry.
(4) Develop, produce, and market products and services of benefit to customers at a competitive price.
(5) Provide products and services that do not unfairly compete with Wisconsin–based manufacturers and service providers.
DOC 313.03 Definitions. The definitions in ss. DOC 303.02 and 310.03 apply to this chapter. In addition, in this chapter: (1) “Base wage” means the official hourly rate for a position. The base wage does not include differential, holiday, incentive, or bonus pay.
(2) “Department” means the department of corrections.
(3) “Industries director” means the director appointed by the secretary under s. 303.01 (9), Stats., or designee. (4) “Industries Supervisor “ Means the industries employee assigned to supervise inmate employees.
(5) “Inmate employee” means an inmate who works for and is compensated by the prison industries program. An inmate employee is not an employee of the state.
(6) “Involuntary unassigned” means inmates who are eligible, available, and waiting for placement in approved work or program assignments where such work or program assignments exist, but are not currently available.
(7) “Prison industry” or “industry” means an industry established under s. 303.01, Stats., for inmate employees to manufacture products or components or provide services. (8) “Private sector prison industry enhancement certification programs (PSPIEC)” means prison industries programs certified by the federal private sector prison industry enhancement certification program.
DOC 313.04 Establishment of a prison industry. (1) The department may establish prison industries with the approval of the prison industries board and after a hearing before the joint committee on finance.
(2) The department may locate, move, or expand prison industries to one or more prisons or other locations owned by the department.
(3) Prison industries may acquire new or additional customers.
(4) The department shall notify the joint committee on finance under s. 303.01 (1) (c), Stats., if there is an increase in the number of inmate employees in a prison industry by 200 or more full time equivalent positions in a biennium. DOC 313.05 Documentation. The industries director shall document prison industry operations, including job positions, titles and descriptions, qualifications, compensation, probationary term, work hours, work rules, and policies. Inmate access to these documents shall be established in industry policy.
DOC 313.06 Application and approval. (1) Inmates may only apply for a position in prison industries that are available at the institution in which the inmates reside. The application may include an inmate’s preference for a position.
(2) The industries supervisor or designee shall do all of the following:
(a) Interview inmate applicants for specific positions under the industries supervisor’s supervision.
