In re Idaho Correctional Industries and Idaho Code § 20-413A, 010915 IDWC, IC 2009-015383

• Case Date: January 09, 2015
• Court: Idaho

In Re: Idaho Correctional Industries and Idaho Code § 20-413A, Idaho Correctional Industries, Petitioner. Nos. IC 2009-015383, IC 2013-007342 Idaho Workers Compensation Before the Industrial Commission of the state of Idaho January 9, 2015           DECLARATORY RULING           R.D. Maynard, Chairman          By letter received December 31, 2014, Idaho Correctional Industries (ICI) petitioned the Commission to construe the provisions of Idaho Code § 20-413A. This declaratory ruling is a final agency action issued pursuant to Idaho Code § 67-5232 and the provisions of IDAPA 04.11.01, et. seq. This ruling is limited to the issues of fact, circumstances and entities identified in the aforementioned Petition and addresses only the narrow issue identified by Idaho Correctional Industries:

ICI would like to formally request a declaratory ruling on the applicability of workmen's compensation coverage for inmates participating in the agricultural work program and any obligation of ICI or the private agricultural employer to obtain workman's compensation for those inmates.

         Therefore, our inquiry is limited to determining whether either ICI, or a private agricultural employer using inmate labor under the provisions of Idaho Code § 20-413A, is required to secure the payment of workers' compensation benefits as anticipated by Idaho Code § 72-301 for such inmate labor.          Adopted in 1974, the Correctional Industries Act (the Act), Idaho Code § 20-401 et. seq., authorizes the Board of Corrections (the Board) to identify and oversee productive enterprises for inmates incarcerated in Idaho penal institutions. The Board is authorized to enter into such contracts and agreements with third parties related to the provision of inmate services, or the manufacture of inmate-produced products. The Act also specifies that an inmate may, at the discretion of the Board, receive compensation for the work he performs for ICI. In this regard, Idaho Code § 20-412 provides:

Each prisoner, who is engaged in productive work in the institution under the jurisdiction of the board of correction as a part of the correctional industries work program, may receive for his work such compensation as the board shall determine, to be paid out of any funds available in the correctional industries betterment account. Such compensation, if any, shall be in accordance with a graduated schedule based on quantity and quality of work performed and skill required for its performance. Compensation shall be credited to the account of the prisoner, and paid from the correctional industries betterment account.

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