31-252. Use of prisoners in public works; cooperative prisoner labor system; definitions
A. The director may enter into a cooperative agreement with any state agency or political subdivision of this state or any department or agency of the federal government to provide hard labor by prisoners on public works.
B. The director shall develop and maintain a cooperative prison labor system for the purpose of establishing plans and procedures for initiating, entering into and executing contracts pursuant to subsection A. The system shall include procedures providing for:
1. Facilitation of communication between the department and other state agencies and political subdivisions regarding the need for and utilization of hard labor by prisoners on public works.
2. As a condition of every cooperative agreement entered into pursuant to subsection A, cost sharing between the department and the state agency or political subdivision for the maintenance of prisoners engaged in work projects outside of a corrections facility of the department, including transportation, supervision, security, housing, food and health services.
C. The director may authorize the use of prisoner work crews to participate in community betterment projects for public and private nonprofit entities. The department may compensate prisoner work crews from monies appropriated by the legislature for the work incentive pay program established by the department. Before allowing a prisoner work crew to participate in a community betterment project, the department shall determine that the project and the manner of prisoner compensation comply with article IX, section 7, Constitution of Arizona.
D. For purposes of this section:
1. " Community betterment project" means any public or private works project that uses prisoners and serves to benefit this state in terms of health, safety, welfare or aesthetics.
2. " Public works" means the maintenance, construction or adaptation of public land or any building, structure, erection or improvement on public land including roads, flood control projects and parks.
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