53-1-301. Permitted institutional industries -- powers of department. (1) The department of public health and human services may:
     (a) establish industries in institutions that will result in the production or manufacture of products and the rendering of services that may be needed by any department or agency of the state or any political subdivision of the state, by any agency of the federal government, by any other states or their political subdivisions, or by nonprofit organizations and that will assist in the rehabilitation of residents in institutions;
     (b) contract with private industry for the sale of goods or components manufactured or produced in shops under its jurisdiction;
     (c) print catalogs describing goods manufactured or produced by institutions and distribute the catalogs;
     (d) fix the sale price for goods produced or manufactured at institutions. Prices may not exceed prices existing in the open market for goods of comparable quality.
     (e) require institutions to purchase needed goods from other institutions or from prison industries;
     (f) provide for the repair and maintenance of property and equipment of institutions by residents of institutions;
     (g) provide for the repair and maintenance at an institution of furniture and equipment of any state agency;
     (h) sell manufactured products on the open market; and
     (i) pay a resident of an institution from receipts from the sale of products produced or manufactured or services rendered in a program in which the resident is working.
     (2) (a) Except as provided for in subsection (2)(b), payment for the performance of work may be based on the following criteria:
     (i) knowledge and skill;
     (ii) attitude toward authority;
     (iii) physical effort;
     (iv) responsibility for equipment and materials; and
     (v) regard for safety of others.
     (b) The maximum rate of pay must be determined by the appropriation established for each program.

     History: En. Sec. 10, Ch. 199, L. 1965; amd. Sec. 51, Ch. 120, L. 1974; amd. Sec. 1, Ch. 275, L. 1975; R.C.M. 1947, 80-1501; amd. Sec. 1, Ch. 433, L. 1979; amd. Sec. 1, Ch. 426, L. 1981; amd. Sec. 1, Ch. 530, L. 1985; amd. Sec. 1, Ch. 1, Sp. L. May 1990; amd. Sec. 2, Ch. 471, L. 1993; amd. Sec. 59, Ch. 18, L. 1995; amd. Sec. 402, Ch. 546, L. 1995; amd. Sec. 1, Ch. 315, L. 1997.