NCJ Number
71028
Journal
Wisconsin Law Review Volume: 1980 Issue: 2 Dated: (1980) Pages: 291-331
Date Published
1980
Length
41 pages
Annotation
This article describes the traditional treatment afforded prisoners in prison employment situations and discusses the new kind of correctional employment system provided by the Model Sentencing and Corrections Act.
Abstract
Employment has been justified either as part of the confined offender's punishment or as a key element in a rehabilitative program, but employment opportunities have remained poor under either approach. The system has provided confined offenders unrealistic employment experiences characterized by idleness, make-believe work, short shifts, frequent interruptions, and obsolete equipment, all adding up to lost opportunities to develop good employment skills and reasonable employment attitudes. The best way to provide realistic employment experiences to confined offenders is through employment by private enterprise located on prison grounds. Such an arrangement is authorized by the Model Sentencing and Corrections Act. Under the act, private employers do not become State agencies merely by locating on correctional property, but remain subject to all State private enterprise laws. The act also provides for workers compensation in appropriate cases and encourages payment of competitive wages, while containing provisions intended to upgrade correctional industries. The act forms a solid foundation for State use in constructing a new, more effective system for employment and training of confined offenders by providing a detailed, comprehensive, and operational plan to provide such employment and training. However, several problems need to be addressed before implementing the act. An arrangement for the private business located on State property to make lease payments in lieu of taxes must be developed to offset competitive advantages. Even more pressing, disincentives for private corporations must be countered with some type of bonus, and States must weigh the advantages and disadvantages of allowing union membership among prisoners and make a ruling on the issue. Another complication is unemployment compensation. States would need to develop an approach to avoid charging the individual employers' unemployment compensation account for prisoners released or else reimburse the employer for additional costs incurred because of a high unemployment compensation experience rating. Footnotes are provided.