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Home > Statutes > Usa Alabama
USA Statutes : alabama
Title : Title 14 CRIMINAL CORRECTIONAL AND DETENTION FACILITIES.
Chapter : Chapter 05 CONVICT LABOR.
Section 14-5-1

Section 14-5-1
"Hard labor for the county" defined.

"Hard labor for the county," as used in this code or any other law of the state, shall include labor on the public roads, public bridges and other public works in the county.



(Acts 1927, No. 72, p. 52; Code 1940, T. 45, §95.)Section 14-5-10

Section 14-5-10
Hiring or leasing of convicts by Board of Corrections with state agencies, etc.

The Board of Corrections is hereby authorized to hire or lease convicts to any department, agency, board, bureau or commission of the state on such terms, conditions and at such prices as may be mutually agreed upon. Any department, agency, board, bureau or commission of the state is hereby authorized to contract with the board for the lease or hire of convicts upon such terms, conditions and at such price as may be mutually agreed upon. Any department, agency, board, bureau or commission of the state contracting with the board for the hire or lease of convicts is hereby authorized to expend any available funds necessary for carrying out the provisions of such contract.



(Acts 1943, No. 504, p. 479.)Section 14-5-11

Section 14-5-11
Employment of state or county inmates by certain persons prohibited; penalty.

(a) No state or county inmate shall be employed by or do any work for:

(1) Any district attorney, any judge, or any sheriff; or

(2) Any parent, sibling, or child of any district attorney, any judge, or any sheriff; or

(3) Any business one-third or more of which is owned by any district attorney, any judge, or any sheriff, or any parent, sibling, or child of any district attorney, any judge, or any sheriff.

(b) Nothing in this section shall be construed to prevent any state or county inmate from being employed by or doing work for the state or any political subdivision of the state or for any governmental agency or entity.

(c) Any person who violates this section shall be guilty of a Class A misdemeanor and shall be punished as provided by law.



(Acts 1988, 1st Ex. Sess., No. 88-907, p. 481, §1.)Section 14-5-2

Section 14-5-2
Hiring or leasing of convicts generally.

It shall be unlawful to hire or lease for any purpose any convict, state or county, except as otherwise provided in this article.



(Acts 1927, No. 70, p. 51; Code 1940, T. 45, §92.)Section 14-5-3

Section 14-5-3
Working convicts in coal mines.

It shall be unlawful to work any convict, state or county, in any coal mine of Alabama.



(Acts 1927, No. 70, p. 51; Code 1940, T. 45, §91.)Section 14-5-30

Section 14-5-30
Legislative intent.

It is the intent of the Legislature to require the Department of Corrections to develop, within six months after July 31, 1995, a manual labor work program for all inmates. This should also include the development of community-based manual labor camps. The manual labor required of the inmate shall be as rigorous as the department feels is justified, but shall consist primarily of the removal of litter from the highways of this state, the cleaning of unauthorized dumps and public cemeteries, the growing and raising of food for use by inmates or for sale to reduce the costs of incarceration to the taxpayers, and the cleaning and maintenance of public parks, or municipal, county, or state property. It is the further intent of the Legislature to require the department to assign all inmates who do not have a mental or physical impairment which would prevent them from performing manual labor to the manual labor work program and to develop a work incentive program.



(Acts 1995, No. 95-518, p. 1051, §1.)Section 14-5-31

Section 14-5-31
Establishment of community-based manual labor camps.

The Department of Corrections may, in conjunction with local governments, establish community-based manual labor camps for inmates who are not mentally or physically impaired or who are not otherwise ineligible pursuant to the rules of the Department of Corrections. Prior to the establishment of a manual labor camp, the department shall obtain approval of the local governments where the camp will be located.



(Acts 1995, No. 95-518, p. 1051, §2.)Section 14-5-32

Section 14-5-32
Mentally or physically impaired inmates to be periodicallly examined.

Inmates who are not assigned to the manual labor work program because of mental or physical impairment shall be periodically examined to determine their fitness for this program.



(Acts 1995, No. 95-518, p. 1051, §3.)Section 14-5-33

Section 14-5-33
Emphasis of program on removal of litter from highways, cleaning of unauthorized dumps and public cemetaries, etc.

The main emphasis of the manual labor program of the Department of Corrections shall be the removal of litter from the highways of this state, the cleaning of unauthorized dumps and public cemeteries, the growing and raising of food for use by inmates or for sale to reduce the costs of incarceration to taxpayers, and the cleaning and maintenance of public parks, or municipal, county, or state property.



(Acts 1995, No. 95-518, p. 1051, §4.)Section 14-5-34

Section 14-5-34
Program may be used for removal of litter on private cemetary, church property, and private property where nuisance.

The manual labor program implemented by the department pursuant to this article may be used for cleaning or maintaining or the removal of litter, trash, or rubbish from any private cemetery or church property. The manual labor program may also be used for the removal of litter, trash, or rubbish dumped or otherwise deposited on private property when the presence of the litter, trash, or rubbish has been determined to be a public or private nuisance by a court of competent jurisdiction.



(Acts 1995, No. 95-518, p. 1051, §5.)Section 14-5-35

Section 14-5-35
Exemptions.

Certain exemptions may be provided as are required for the orderly and necessary operations of the correctional system, its institutions, programs, services, and educational programs which have been shown to reduce racidivism as currently provided for by statute.



(Acts 1995, No. 95-518, p. 1051, §6.)Section 14-5-36

Section 14-5-36
Work incentive credits; refusal to work or comply with standards.

(a) The Department of Corrections may devise and provide by rule a system of work incentive credits which may be awarded by the department to persons committed to its custody.

(b) Work incentive credits may be awarded by the department to recognize satisfactory performance of manual work assignments made by the department and compliance with satisfactory behavior standards established by the department.

(c) The department may award work incentive credits for each day during which the inmate has satisfactorily performed work tasks assigned by the department and has complied with satisfactory behavior standards established by the department.

(d) The work incentive credits awarded to an inmate by the department shall be reported by the department to the State Board of Pardons and Paroles who shall consider the credits when making a final parole release decision regarding the inmate. The department may recommend that the board apply the work incentive credits to advance any tentative parole release date already established for the inmate.

(e) The department shall report to the State Board of Pardons and Paroles any eligible inmate who refuses to participate in a work program, who fails to comply with satisfactory behavior standards while in a work program, or who refuses to earn work incentive credits while in a work program. In addition, an inmate who refuses to work shall lose all television viewing privileges until the inmate satisfactorily complies with the work program.



(Acts 1995, No. 95-518, p. 1051, §7.)Section 14-5-37

Section 14-5-37
Article does not authorize Commissioner to reduce sentence.

Nothing in this article shall be construed as authorizing the Commissioner of the Department of Corrections to reduce the sentence of an inmate.



(Acts 1995, No. 95-518, p. 1051, §8.)Section 14-5-4

Section 14-5-4
Penalty for violating Sections 14-5-2 and 14-5-3.

Any person, firm or corporation violating any of the provisions of Sections 14-5-2 and 14-5-3 shall be, for each violation, guilty of a felony and be punished by imprisonment in the penitentiary for not less than one nor more than 10 years.



(Acts 1927, No. 70, p. 51; Code 1940, T. 45, §93.)Section 14-5-5

Section 14-5-5
County convicts — Authority to work generally; lease to persons, firms or corporations prohibited; working in and around public buildings and works.

Nothing in this article shall prevent any county of this state from working its county convicts according to the law as it now exists or may hereafter be enacted, but no county convict shall be worked in any coal mine or worked under lease to any person, firm or corporation; provided, however, that any county or counties shall have the authority to work such convicts retained by it in and around the courthouse, in and around the jail or any other public building or works of the county.



(Acts 1927, No. 72, p. 52; Code 1940, T. 45, §100; Acts 1955, No. 307, p. 705.)Section 14-5-6

Section 14-5-6
County convicts — Drains and drainage districts.

County commissions in all counties of this state may use county convict labor for use in the construction or maintenance of any drains or outlets for drains, for reopening of any filled or partly filled drains or for the construction or maintenance of any levees in connection with drains necessary, desirable or convenient for the full development, preservation and maintenance or use of any drains or drainage district established or now constructed or that may be hereafter established or constructed under the provisions of general laws relating to drainage districts.



(Acts 1932, Ex. Sess., No. 168, p. 196; Code 1940, T. 45, §101.)Section 14-5-7

Section 14-5-7
Work on drains or drainage districts by state convicts.

The Board of Corrections may use state convict labor for use in the construction or maintenance of drains or outlets of drains, for reopening any filled or partly filled drains or for the construction or maintenance of any levees in connection with drains necessary, desirable or convenient for the full development, preservation and maintenance or use of any drains or drainage district now established or constructed or that may be established or constructed under the provisions of the general law relating to drainage districts.



(Acts 1932, Ex. Sess., No. 168, p. 196; Code 1940, T. 45, §102.)Section 14-5-8

Section 14-5-8
Agreement to use of convict labor under Sections 14-5-6, 14-5-7 and 14-11-2 — County convicts.

The use of county convict labor under the provisions of Sections 14-5-6, 14-5-7 and 14-11-2 shall be such uses as may be agreed to by the county commissions in counties that may use convict labor; provided, that such convict labor shall not be used for such purposes unless, after entering an agreement for such use of convict labor on the minutes of the county commission, the agreement with the proposed plan for its operation shall be submitted to the State Health Officer for review as to whether the same may conflict with the public health statutes or rules or regulations of the State Board of Health, and for his opinion on what may be accomplished that will or may contribute to the public health or sanitation. The conclusion as to such finding shall be signed by the said State Health Officer and be filed with the county commission of such county.



(Acts 1932, Ex. Sess., No. 168, p. 196; Code 1940, T. 45, §104.)Section 14-5-9

Section 14-5-9
Agreement to use of convict labor under Sections 14-5-6, 14-5-7 and 14-11-2 — State convicts.

The use of state convict labor under the provisions of Sections 14-5-6 through 14-5-8 and 14-11-2 shall be such uses as may be agreed to by the Board of Corrections; provided, however, that such convict labor shall not be used for such purposes, unless after entering the agreement or making the determination to use state convict labor for such purposes, the proposed agreement or determination for such uses, with the plan thereof, shall be submitted by the board to the State Health Officer for review as to whether the same may conflict with the public health statutes or rules or regulations of the State Board of Health and for his opinion on what may be accomplished that will or may contribute to the public health or sanitation. The conclusion as to such finding by the said State Health Officer shall be signed and filed with the said board.



(Acts 1932, Ex. Sess., No. 168, p. 196; Code 1940, T. 45, §105.)
 
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