Section 219.091

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS

Chapter 219

Effective - 28 Aug 2015   

  219.091.  Community work program — design and approval of work projects — custody, contract of offenders — eligibility — staff — rules, procedure — vocational training. — 1.  As used in this section, the term "department" means:

  (1)  The office of administration;

  (2)  The department of agriculture;

  (3)  The department of conservation;

  (4)  The department of economic development;

  (5)  The department of elementary and secondary education;

  (6)  The department of health and senior services;

  (7)  The department of higher education and workforce development;

  (8)  The department of transportation;

  (9)  The department of commerce and insurance;

  (10)  The department of labor and industrial relations;

  (11)  The department of mental health;

  (12)  The department of natural resources;

  (13)  The department of public safety;

  (14)  The department of revenue; and

  (15)  The department of social services.

  2.  The division of youth services may develop and establish a community work program whereby youth committed to the custody of the division may be employed in projects developed and established by any department.

  3.  The director or chief administrative officer of any department may request that the director of the division of youth services choose suitable youth for employment in work projects developed by the division.  Such projects shall be designed and approved by the director or chief administrative officer of any department and approved by the director of the division of youth services.

  4.  The division of youth services shall retain custody, supervision and control of any youth employed in a work project developed pursuant to this section.  Any work group employed in a work project developed pursuant to this section shall consist of not more than thirteen youth.

  5.  No offender shall be employed in a work project developed pursuant to this section if the offender has been convicted of a violent crime or whose conduct while under the control of the division of youth services suggests a propensity toward violence.  As used in this subsection, the term "violent crime" means any crime which, in the determination of the director of the division of youth services, involves violence or the threat of violence.

  6.  The department proposing the work project shall supply all plans, tools and equipment necessary for the completion of work projects developed pursuant to this section.

  7.  The department proposing the work project shall supply staff to direct work groups and supervise the completion of work projects.  Such staff shall be employees of the department proposing the work project and shall receive from such department and the division of youth services appropriate training per year, which shall be designed to instruct the staff in the skills necessary to perform their duties.

  8.  The department proposing the work project and the division of youth services may promulgate rules to effectuate the purposes of this section pursuant to chapter 536 and section 217.040.

  9.  For any work performed by a youth committed to the division in any state park, the state park board is hereby authorized, out of appropriations made to it, to pay wages.

  10.  The division may establish and offer on-the-job vocational training to develop work habits and equip youth committed to it with marketable skills.  The division may provide for the payment of reasonable wages for work or tasks performed by a youth committed to the division.  All payments made to or on behalf of the youth under this subsection shall be property of the youth; however, the division may place such restrictions on the youth's access to the funds as the division determines appropriate in the best interests of the youth and to assure security in the division's facilities.  All funds paid to or on behalf of the youth in accordance with this subsection shall be deposited in the DYS trust fund established in section 219.095.

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(L. 1995 H.B. 174, et al. § 217.598, A.L. 2015 H.B. 1149)