HB36 Alabama 2012 Session

Summary

Primary Sponsor

Jim McClendon

Republican

Session

Regular Session 2012

Title

Corrections Department, prison industries, sale of products further provided for, operation of joint venture with private businesses, authorized, Secs. 14-7-7, 14-7-22 am'd.

Summary

HB36 would allow the Alabama Department of Corrections to partner with private industry to run on-site work programs for inmates as part of rehabilitation.

What This Bill Does

It authorizes the Department of Corrections to contract with private individuals or companies to create joint plants or enterprises on DOC property or at prison facilities to provide inmate labor for manufacturing goods or services. Inmates may participate voluntarily and must be informed of employment conditions; they must be paid at least the prevailing private-sector wage, with earnings collected by the department and subject to deductions for confinement costs and court-ordered restitution, up to 40% of gross earnings, with the remainder deposited to the inmate's department account; the program must comply with federal law. Inmates under these programs are not state employees and do not receive employee benefits; products are marketed by the private partners, not by the department. The department may enter contracts including rental or lease of buildings or land, with exemptions from some procurement laws, and the act preserves existing prison education programs and funding.

Who It Affects

• Inmates who volunteer to participate in on-site work programs and will receive wages (not as state employees and with earnings managed by the department).
• Private industry and employers who partner with the department to operate joint plants, factories, or services on DOC property or at prison facilities.

Key Provisions

• Authorizes the Department of Corrections to contract with private industry to develop on-site work programs and joint operations on DOC property or prison facilities.
• Participation is voluntary and inmates must be informed of employment conditions.
• Inmates must be paid not less than the prevailing wage for similar private-sector work; earnings are paid to the department with deductions for costs and restitution, up to 40% of gross earnings; the remainder goes to the inmate's account and funds may be withheld to satisfy court orders.
• Programs comply with the Federal Prison Industries Enhancement Act (18 U.S.C. §1761(c)); inmates are not considered state employees and do not receive benefits.
• Products/services produced under these contracts are marketed by private partners, not by the department.
• Contracts may include rental or lease arrangements for state buildings or land; exemptions from certain procurement laws.
• Parties to the contracts are exempt from penalties of certain existing sections (14-5-2 and 14-7-22).
• The act does not reduce prison education or two-year college prison programs; funding for those programs continues through the Education Trust Fund.
• Effective immediately upon governor's approval.
• Amends Sections 14-7-7 and 14-7-22 to implement these changes.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Corrections Department