House Joint Resolution 82--Referred to the Electorate
of Oregon by the 1999 Legislature to be voted on at the Special Election,
November 2, 1999.
BALLOT TITLE
68
AMENDS CONSTITUTION: ALLOWS PROTECTING BUSINESS, CERTAIN GOVERNMENT
PROGRAMS FROM PRISON WORK PROGRAMS
RESULT OF "YES" VOTE: "Yes" vote allows protecting private
enterprise, certain government, nonprofit programs from prison work program
competition.
RESULT OF "NO" VOTE: "No" vote retains prison work programs'
unrestricted competition with private enterprise, government and nonprofit
programs.
SUMMARY: Amends constitution. Constitution now mandates
prison work programs, which may compete with public, private sector enterprises
without restriction by state, local law. Measure would allow corrections
director to limit establishment, expansion of: for-profit prison work programs
producing goods, services offered for sale in private sector to avoid displacing
or significantly reducing preexisting private enterprise; prison work programs
to avoid displacing or significantly reducing government or nonprofit programs
employing persons with developmental disabilities. Allows use of inmate
work to support community charitable organizations. Other changes.
ESTIMATE OF FINANCIAL IMPACT: No financial effect on state or
local government
expenditures or revenues.
TEXT OF MEASURE
Be It Resolved by the Legislative Assembly of the State of Oregon:
PARAGRAPH 1. Section 41, Article I
of the Constitution of the State of Oregon, is amended to read:
Sec. 41. (1) Whereas the people of the state
of Oregon find and declare that inmates who are confined in corrections
institutions should work as hard as the taxpayers who provide for their
upkeep; and whereas the people also find and declare that inmates confined
within corrections institutions must be fully engaged in productive activity
if they are to successfully re-enter society with practical skills and
a viable work ethic; now, therefore, the people declare:
(2) All inmates of state corrections institutions
shall be actively engaged full-time in work or on-the-job training. The
work or on-the-job training programs shall be established and overseen
by the corrections director, who shall ensure that such programs are cost-effective
and are designed to develop inmate motivation, work capabilities and cooperation.
Such programs may include boot camp prison programs. Education may be provided
to inmates as part of work or on-the-job training so long as each inmate
is engaged at least half-time in hands-on training or work activity.
(3) Each inmate shall begin full-time work or on-the-job
training immediately upon admission to a corrections institution, allowing
for a short time for administrative intake and processing. The specific
quantity of hours per day to be spent in work or on-the-job training shall
be determined by the corrections director, but the overall time spent in
work or training shall be full-time. However, no inmate has a legally enforceable
right to a job or to otherwise participate in work, on-the-job training
or educational programs or to compensation for work or labor performed
while an inmate of any state, county or city corrections facility or institution.
The corrections director may reduce or exempt participation in work or
training programs by those inmates deemed by corrections officials as physically
or mentally disabled, or as too dangerous to society to engage in such
programs.
(4) There shall be sufficient work and training
programs to ensure that every eligible inmate is productively involved
in one or more programs. Where an inmate is drug and alcohol addicted so
as to prevent the inmate from effectively participating in work or training
programs, corrections officials shall provide appropriate drug or alcohol
treatment.
(5) The intent of the people is that taxpayer-supported
institutions and programs shall be free to benefit from inmate work. Prison
work programs shall be designed and carried out so as to achieve [net
cost] savings in [maintaining] government operations, [or]
so as to achieve a net profit in private sector activities or so as
to benefit the community.
(6) The provisions of this section are mandatory
for all state corrections institutions. The provisions of this section
are permissive for county or city corrections facilities. No law, ordinance
or charter shall prevent or restrict a county or city governing body from
implementing all or part of the provisions of this section. Compensation,
if any, shall be determined and established by the governing body of the
county or city which chooses to engage in prison work programs, and the
governing body may choose to adopt any power or exemption allowed in this
section.
(7) The corrections director shall contact public
and private enterprises in this state and seek proposals to use inmate
work. The corrections director may: (a) install and equip plants in any
state corrections institution, or any other location, for the employment
or training of any of the inmates therein; or (b) purchase, acquire, install,
maintain and operate materials, machinery and appliances necessary to the
conduct and operation of such plants. The corrections director shall use
every effort to enter into contracts or agreements with private business
concerns or government agencies to accomplish the production or marketing
of products or services produced or performed by inmates. The corrections
director may carry out the director's powers and duties under this section
by delegation to others.
(8) Compensation, if any, for inmates who engage
in prison work programs shall be determined and established by the corrections
director. Such compensation shall not be subject to existing public or
private sector minimum or prevailing wage laws, except where required to
comply with federal law. Inmate compensation from enterprises entering
into agreements with the state shall be exempt from unemployment compensation
taxes to the extent allowed under federal law. Inmate injury or disease
attributable to any inmate work shall be covered by a corrections system
inmate injury fund rather than the workers compensation law. Except as
otherwise required by federal law to permit transportation in interstate
commerce of goods, wares or merchandise manufactured, produced or mined,
wholly or in part by inmates or except as otherwise required by state law,
any compensation earned through prison work programs shall only be used
for the following purposes: (a) reimbursement for all or a portion of the
costs of the inmate's rehabilitation, housing, health care, and living
costs; (b) restitution or compensation to the victims of the particular
inmate's crime; (c) restitution or compensation to the victims of crime
generally through a fund designed for that purpose; (d) financial support
for immediate family of the inmate outside the corrections institution;
and (e) payment of fines, court costs, and applicable taxes.
(9) All income generated from prison work programs
shall be kept [in a] separate [account] from general fund
accounts and shall only be used for implementing, maintaining and developing
prison work programs. Prison industry work programs shall be exempt from
statutory competitive bid and purchase requirements. Expenditures for prison
work programs shall be exempt from the legislative appropriations process
to the extent the programs rely on income sources other than state taxes
and fees. Where state taxes or fees are the source of capital or operating
expenditures, the appropriations shall be made by the legislative assembly.
The state programs shall be run in a businesslike fashion and shall be
subject to regulation by the [Prison Industries Board, consisting of
the Governor, Secretary of State, and State Treasurer. The Board shall
meet at least quarterly and shall act by vote of any two of the three members]
corrections
director. Expenditures from [the] income generated by state
prison work programs [account] must be approved by the [Board]
corrections
director. Agreements with private enterprise as to state prison work
programs must be approved by the [Board]
corrections director.
The corrections director shall make all state records available for public
scrutiny and the records shall be subject to audit by the Secretary of
State.
(10) Prison work products or services shall be available
to any public agency and to any private enterprise of any state, any
nation or any American Indian or Alaskan Native tribe without restriction
imposed by any state or local law, ordinance or regulation as to competition
with other public or private sector enterprises. The products and services
of corrections work programs shall be provided on such terms as are [approved]
set
by the corrections director. To the extent determined possible by the
corrections director, the corrections director shall avoid establishing
or expanding for-profit prison work programs that produce goods or services
offered for sale in the private sector if the establishment or expansion
would displace or significantly reduce preexisting private enterprise.
To the extent determined possible by the corrections director, the corrections
director shall avoid establishing or expanding prison work programs if
the establishment or expansion would displace or significantly reduce government
or nonprofit programs that employ persons with developmental disabilities.
However, the decision to establish, maintain, expand, reduce or terminate
any prison work program remains in the sole discretion of the corrections
director.
(11) Inmate work shall be used as much as possible
to help operate the corrections institutions themselves, [and]
to support other government operations and to support community charitable
organizations. This work includes, but is not limited to, institutional
food production; maintenance and repair of buildings, grounds, and equipment;
office support services, including printing; prison clothing production
and maintenance; prison medical services; training other inmates; agricultural
and forestry work, especially in parks and public forest lands; and environmental
clean-up projects. Every state agency shall cooperate with the corrections
director in establishing inmate work programs.
(12) As used throughout this section, unless the
context requires otherwise: "full-time" means the equivalent of at least
forty hours per seven day week, specifically including time spent by inmates
as required by the Department of Corrections, while the inmate is participating
in work or on-the-job training, to provide for the safety and security
of the public, correctional staff and inmates; "corrections director" means
the person in charge of the state corrections system.
(13) This section is self-implementing and supersedes
all existing inconsistent statutes. This section shall become effective
April 1, 1995. If any part of this section or its application to any person
or circumstance is held to be invalid for any reason, then the remaining
parts or applications to any persons or circumstances shall not be affected
but shall remain in full force and effect.
PARAGRAPH 2. The amendment proposed by
this resolution shall be submitted to the people for their approval or
rejection at a special election held throughout this state on the date
specified in section 2, chapter _____, Oregon Laws 1999 (Enrolled House
Bill 2354). If a special election is not held throughout this state on
the date specified in section 2, chapter _____, Oregon Laws 1999 (Enrolled
House Bill 2354), the amendment proposed by this resolution shall be submitted
to the people for their approval or rejection at a special election held
throughout this state on the same date as the next biennial primary election.
NOTE: Boldfaced type indicates new language; [brackets and
italic] type indicates deletions or comments.
EXPLANATORY STATEMENT
This measure amends section 41, Article I of the Oregon
Constitution, which requires prison inmates to spend a certain amount of
time in education or work programs.
Currently, prison work programs are regulated by
the Prison Industries Board. The Board consists of the Governor, Secretary
of State and State Treasurer. This measure eliminates the Prison Industries
Board and shifts its responsibilities to the Director of the Department
of Corrections.
This measure directs the Director of the Department
of Corrections, to the extent possible, to avoid establishing for-profit
prison work programs that would displace or reduce:
1. Preexisting private jobs or businesses; or
2. Government or nonprofit programs that employ persons with developmental
disabilities.
This measure expands the allowable uses of inmate work
to include supporting community charitable organizations.
Currently, the Constitution requires that prison
work programs must achieve net cost savings in maintaining government operations
or a net profit in private sector activities. This measure allows prison
work programs to benefit the community without a requirement of net cost
savings or net profit.
Committee Members:
Senator Peter Courtney
Representative Dan Gardner
Representative Jerry Krummel
Senator Frank Shields
Representative Lane Shetterly |
Appointed By:
President of the Senate
Speaker of the House
Secretary of State
Secretary of State
Members of the Committee |
(This committee was appointed to provide an impartial explanation
of the ballot measure pursuant to
ORS 251.215.)
Arguments In Favor
Arguments In Opposition
No arguments in opposition to this ballot measure were filed
with the Secretary of State
November 2, 1999 Special Election Voters' Pamphlet Table
of Contents