PRINTER'S NO. 1209
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
981
Session of
2023
INTRODUCED BY BOSCOLA, STREET, FONTANA, KANE, DILLON, COMITTA,
TARTAGLIONE AND COSTA, NOVEMBER 6, 2023
REFERRED TO JUDICIARY, NOVEMBER 6, 2023
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, establishing the Prison Industry
Enhancement Authority; and, in safe community reentry,
further providing for Safe Community Reentry Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 48
PRISON INDUSTRY ENHANCEMENT AUTHORITY
Sec.
4801. Scope of chapter.
4802. Intent.
4803. Definitions.
4804. Prison Industry Enhancement Authority.
4805. Powers and duties of authority.
4806. Cooperation with private industry.
4807. Minimum requirements of private sector prison industry.
4808. Wages and deductions.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
4809. Administrative support.
4810. Immunities not waived.
4811. Civil actions.
4812. Construction of chapter.
4813. Monetary limitations.
§ 4801. Scope of chapter.
This chapter relates to the Prison Industry Enhancement
Authority.
§ 4802. Intent.
The General Assembly's intention is to encourage
collaborative efforts between correctional facilities and
private industry, aimed at ensuring productive engagement for
incarcerated individuals by establishing a program that seeks to
enhance the opportunities of nonviolent prisoners within this
Commonwealth without negatively impacting job opportunities for
civilian labor in the community. Nothing in this chapter shall
be construed to authorize the privatization of correctional
facilities in this Commonwealth. Furthermore, the General
Assembly aims to establish guidelines for the use of prisoner
labor to prevent that labor from replacing job opportunities for
unemployed or underemployed residents within this Commonwealth.
The private sector prison industry will not result in bargaining
agreements for civilian laborers. Prisoners who voluntarily
participate and meet the eligibility criteria for these jobs
will experience several benefits:
(1) The development of positive work habits and
employment skills, which can be instrumental in securing and
maintaining gainful employment in both the public and private
sectors upon their release from incarceration.
(2) The contribution of a reasonable portion of their
20230SB0981PN1209 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
earnings to cover the costs of room and board within the
correctional facility.
(3) The assumption of responsibility for their actions
by compensating victims of crime through deductions from
their earnings.
(4) The provisions of financial support to their
dependents, thereby strengthening family bonds and reducing
the likelihood of their families relying on public assistance
in the future.
§ 4803. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Authority." The Prison Industry Enhancement Authority
established under this chapter.
"Certification." The process by which an applicant
demonstrates assurances of authority and compliance with
mandatory program criteria and describes key project elements as
required by Federal law.
"Correctional facility." A jail, prison or detention
facility operated by the Commonwealth or by a county or jointly
by more than one county, and used for the detention and
confinement of persons convicted and under sentence for
violations of the criminal laws of this Commonwealth. The term
includes a motivational boot camp as defined in section 3903
(relating to definitions). The term does not include a
correctional facility used for the detention and confinement of
juvenile offenders.
"Cost accounting center." A specific industry program
operated under the program.
20230SB0981PN1209 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"County commissioners." The elected county commissioners or
the equivalent governing body of a county, regardless of form of
government.
"Director of correctional industries." The individual who
has authority to operate and manage the program under the direct
supervision of the secretary and the authority.
"Open market." An unrestricted stream of commerce within
this Commonwealth and outside the borders of this Commonwealth
in interstate commerce.
"Prisoner." An individual who has been convicted of a crime
and is serving a sentence in a correctional facility.
"Private business," "private enterprise" or "nonprofit
entity." An individual, firm, partnership, corporation or other
lawful commercial enterprise or nonprofit organization that
operates a private sector prison industry in accordance with
this chapter and employs State or county prisoners.
"Private sector prison industry." A private business,
private enterprise or nonprofit entity that produces goods or
services employing prisoner labor in or on the property of a
State or county correctional facility.
"Program." The Prison Industry Enhancement Certification
Program established under Federal law.
"Secretary." The Secretary of Corrections of the
Commonwealth.
"Superintendent." The person in primary charge of the
administration and managers of a State correctional facility.
"Warden." The person in primary charge of the administration
and management of a county or multicounty correctional facility.
§ 4804. Prison Industry Enhancement Authority.
(a) Establishment.--The Prison Industry Enhancement
20230SB0981PN1209 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Authority is established.
(b) Composition.--The authority shall consist of the
following members:
(1) The secretary or a designee who shall serve as
chair.
(2) The director of correctional industries.
(3) Two representatives from organized labor appointed
by the Governor from a list submitted by the Statewide labor
organizations in this Commonwealth.
(4) One county commissioner nominated by the County
Commissioners Association of Pennsylvania and appointed by
the Governor.
(5) One warden appointed by the Governor.
(6) One representative from the business community
appointed by the Governor from a list submitted by the
business community.
(7) One superintendent appointed by the secretary.
(8) One representative from the Office of Victim
Advocate.
(c) Terms.--Terms for members shall be as follows:
(1) Three years for the county commissioner.
(2) Two years for the representative from the business
community.
(3) Two years for the warden and the superintendent.
(4) Two years for the representatives from organized
labor.
(5) The secretary, the director of correctional
industries and the representative from the Office of Victim
Advocate shall serve continuously.
(d) Reappointment.--A member of the authority may be
20230SB0981PN1209 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
eligible for reappointment. A member shall continue to serve
after the expiration of the member's term until a successor is
appointed.
(e) Vacancies.--A vacancy shall be filled by the original
appointing authority for the remainder of the unexpired term. A
vacancy shall be filled within 90 days of the occurrence of the
vacancy.
(f) Meetings.--The authority shall meet biannually and upon
the request of the chair or three or more members. All meetings
may or may not be open to the public at the discretion of the
secretary or the authority.
(g) Quorum.--For the transaction of general business of the
authority, four members shall constitute a quorum. A majority
vote of the members present shall be necessary for a private
sector prison industry application to be approved. Each approval
of a private sector prison industry application must be made by
a vote at a duly constituted meeting of the authority.
(h) Compensation.--Notwithstanding any other provision of
law, members shall receive no compensation for their services on
the authority, but shall be reimbursed by the department from
the Manufacturing Fund under section 3122 (relating to
Manufacturing Fund) for reasonable and necessary expenses.
(i) Administration of authority.--The department shall
furnish administrative support to the authority. Legal counsel
for the authority shall be furnished by the Office of General
Counsel.
§ 4805. Powers and duties of authority.
The authority shall have the power and duty to:
(1) Authorize the department to apply to the United
States Department of Justice, Bureau of Justice Assistance or
20230SB0981PN1209 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
any successors for certification, as an umbrella authority,
to assist other units of government seeking to participate in
the program.
(2) Act as an intermediary between the department, and
its designees, and the United States Department of Justice,
Bureau of Justice Assistance or any successors in complying
with the mandatory criteria and program requirements for
private sector prison industries in this Commonwealth.
(3) Adopt procedures for determining whether a
prospective private sector prison industry proposed by the
department or a county correctional agency complies with the
requirements of the program and other State law not
inconsistent with this chapter.
(4) Approve or disapprove proposals submitted to the
authority from the department, or its designees, by private
sector prison industry for inclusion or continuation in the
program.
(5) Monitor the department and its designees to ensure
continuing compliance with this chapter and Federal law and
provide proper notification of a violation and proposed
action taken to ensure compliance.
(6) Designate which services to be performed or articles
manufactured or assembled by prisoners conform to the program
regulations and can be sold on the open market.
§ 4806. Cooperation with private industry.
(a) General rule.--Upon the approval of the authority, the
department or a county correctional facility, with the approval
of its governing board, may contract with a private business,
private enterprise or nonprofit organization to permit the
employment of prisoners to perform designated work. The
20230SB0981PN1209 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
department shall remain responsible for the custody of State
prisoners who are working for a cost accounting center operated
by the department. The county shall remain responsible for the
custody of county prisoners who work for a cost accounting
center operated by the county. The contractual arrangement
authorized by this chapter shall not create a third-party right
for a prisoner.
(b) Status of prisoner.--A prisoner compensated for
participation in the program may not be considered an employee
of the Commonwealth or the county, nor shall the prisoner be
afforded a right or privilege available to Commonwealth or
county employees.
(c) Certain rights preserved.--Nothing contained in this
section shall be construed to restore, in whole or in part, the
civil rights of participating prisoners, except that
participating prisoners shall be afforded the protection of 29
U.S.C. Ch. 8 (relating to fair labor standards), 42 U.S.C. §
2000a-1 (relating to prohibition against discrimination or
segregation required by any law, statute, ordinance, regulation,
rule or order of a State or State agency), 29 U.S.C. Ch. 15
(relating to occupational safety and health), 42 U.S.C. Ch. 76
(relating to age discrimination in federally assisted programs),
42 U.S.C. Ch. 126 (relating to equal opportunity for individuals
with disabilities), the act of June 2, 1915 (P.L.736, No.338),
known as the Workers' Compensation Act, the act of October 27,
1955 (P.L.744, No.222), known as the Pennsylvania Human
Relations Act, the act of July 14, 1961 (P.L.637, No.329), known
as the Wage Payment and Collection Law, and the act of January
17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968,
solely to the extent that they apply to the private sector
20230SB0981PN1209 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
prison industry employment relationship.
(d) Consent to deduction.--A prisoner may participate in the
program only on a voluntary basis and must consent, in advance,
to the specific deductions from gross wages, as specified under
section 4808 (relating to wages and deductions). A prisoner
performing services for a cost accounting center shall indicate,
in writing, that the prisoner:
(1) agrees voluntarily to participate in the cost
accounting center activities; and
(2) agrees voluntarily, and in advance, to specific
deductions made from gross wages, as well as all other
financial arrangements made as to wages earned through
participation in the cost accounting center's activities.
§ 4807. Minimum requirements of private sector prison industry.
(a) Requirements enumerated.--A private business, private
enterprise or nonprofit organization may not enter into a
contract under section 4806 (relating to cooperation with
private industry), unless all of the following are satisfied:
(1) The private business, private enterprise or
nonprofit organization, the department or the governing
authority of the county correctional system, whichever is
applicable, consulted with local union central bodies and
with local businesses that may be affected by the private
business, private enterprise or nonprofit organization
participating in the program.
(2) The private business, private enterprise or
nonprofit organization has verified with the Department of
Labor and Industry that its participation in the program will
not:
(i) demonstrably result in the displacement of
20230SB0981PN1209 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
employees in the surrounding community;
(ii) be applied in skills, crafts or trades in which
there is a surplus of available gainful labor in the
locality; or
(iii) impair existing contracts for goods and
services. A contract may not be executed by or with a
private sector prison industry employer that will permit
the employment of prisoners in the same job
classifications or similar work duties or assignments as
individuals who are on strike as a result of a labor
dispute as defined under section 2(h) of the act of June
1, 1937 (P.L.1168, No.294), known as the Pennsylvania
Labor Relations Act, or who are otherwise involved in a
labor dispute as that term is defined by Federal law,
including a lockout.
(b) Priorities.--When reviewing a potential private sector
prison industry, the authority shall consider the impact on the
employment of persons in the private business sector of this
Commonwealth and consider establishing joint ventures that will
retain or reclaim jobs in this Commonwealth, support emerging
Commonwealth industries or create jobs for a deficient labor
market.
§ 4808. Wages and deductions.
(a) Wages.--
(1) A prisoner who participates in a cost accounting
center's activities shall be compensated at a rate that is
not less than the wages paid for work of a similar nature in
private industry in the locality in which the activity is
performed, as determined after consultation with the
Department of Labor and Industry. A prisoner may not receive
20230SB0981PN1209 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
compensation that is less than the minimum wage established
by Federal or State law unless the lesser compensation is
consistent with Federal and State law.
(2) Wages shall be paid no less frequently than
biweekly. Any wages remaining after the deductions under
subsection (b) shall be maintained by the appropriate
correctional facility in a fund in the prisoner's name. The
amount remaining shall be returned to the prisoner at the
time of release.
(3) The correctional facility may permit the prisoner to
draw a portion of the money for other purposes deemed to be
appropriate by the correctional facility.
(b) Deductions.--
(1) A prisoner shall have deducted from any compensation
received:
(i) Federal, State and local taxes.
(ii) Contributions to the Crime Victim Services and
Compensation Fund or equivalent fund established by law
to compensate victims of crime, which contributions shall
not be more than 5% of the prisoner's gross wages.
(iii) A portion of room and board and administrative
costs for the prisoner in the correctional facility as
determined by the department or the governing body of the
correctional facility, not to exceed 10% of the
prisoner's gross wages.
(iv) An allocation for support of the prisoner's
immediate family under statute or court order or under
any other financial obligation acknowledged in writing by
the prisoner.
(v) The settling of a workers' expense account, or
20230SB0981PN1209 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to the workers' legal obligations, including payment of
fines and restitution, not to exceed 20% of a prisoner's
gross wages.
(2) No other deductions shall be permitted unless
otherwise permitted under Federal or State law. Deductions
shall not in the aggregate exceed 75% of gross wages. Each
prisoner employed shall receive a written statement of the
description and amount of each deduction. After deductions,
the balance shall be credited to the prisoner's account.
(c) Workers' compensation.--The provision of benefits and
compensation to prisoners for injuries sustained in the course
of employment provided for under this chapter shall be subject
to any limitations specified under the act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act.
(d) Unemployment insurance.--A prisoner may not qualify for
unemployment insurance payments.
§ 4809. Administrative support.
The department shall provide the authority with reasonable
administrative and clerical support services subject to the
availability of funds.
§ 4810. Immunities not waived.
No provision of this chapter shall be construed as a waiver
or impairment of sovereign, government, qualified or other
immunity from or defense against suit available to the
Commonwealth and its departments, boards, officers, employees
and agents or the political subdivisions of this Commonwealth
and their agencies, officers and employees.
§ 4811. Civil actions.
A prisoner may not bring a civil action before a court,
independent commission or authority of this Commonwealth against
20230SB0981PN1209 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the authority, the Commonwealth or its agencies, officers or
employees or the political subdivisions of this Commonwealth and
their agencies, officers and employees based upon a contractual
arrangement authorized under this chapter.
§ 4812. Construction of chapter.
No provision of this chapter may be construed:
(1) To establish a civil cause of action against the
authority, the Commonwealth or its agencies, officers or
employees or the political subdivisions of this Commonwealth
and their agencies, officers and employees.
(2) To establish an enforceable right in a person to
obtain or retain employment in the private sector prison
industry.
(3) To require the department or a county to propose or
permit a private sector prison industry within the
correctional facility.
(4) To affect or change the method or manner of prisoner
work assignments within a correctional facility or the
statutory authority to compel the labor on behalf of the
Commonwealth or any political subdivision thereof.
§ 4813. Monetary limitations.
There shall be no monetary limitations on the amount of goods
and services supplied to the open market unless otherwise stated
by the authority.
Section 2. Section 4903(b) of Title 61 is amended to read:
§ 4903. Safe Community Reentry Program.
* * *
(b) Assessment and plan.--
(1) The department shall assess each offender entering
into the State correctional system to determine which
20230SB0981PN1209 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
treatment services, programs and skills the offender needs to
develop to be successful in the community following the
offender's release.
(2) The department or the board shall assist each
offender in developing a reentry plan for the offender. The
reentry plan shall include the offender's educational,
employment, housing and treatment needs as appropriate and
necessary to encourage the successful transition and
reintegration of the offender into the community.
(3) The department or the board shall endeavor to
coordinate the specifics of the offender's reentry plan with
the educational, career and technical training and treatment
services that will be provided to the offender during the
offender's incarceration.
(4) The department or the board shall provide an
offender awaiting release with documents that are necessary
after release for gainful employment, including work records,
a resume, a birth certificate, career and technical training
records, an identification card issued by the Department of
Transportation and a Social Security card.
* * *
Section 3. This act shall take effect in 90 days.
20230SB0981PN1209 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22