904.701 Services required — gratuitous allowances — hard labor — rules.
1. An inmate of an institution shall be required to perform hard labor which is suited to the inmate’s age, gender, physical and mental condition, strength, and attainments in the institution proper, in the industries established in connection with the institution, or at such other places as may be determined by the director. Substantially equivalent hard labor programs shall be available to both male and female inmates. When an inmate of an institution is working outside the institution proper, the inmate shall be deemed at all times to be in the actual custody of the superintendent of the institution. Inmates performing hard labor on chain gangs at a location other than within or on the grounds of a correctional institution shall be attired in brightly colored uniforms that readily identify them as inmates of correctional institutions. Inmates performing other types of hard labor at locations other than within or on the grounds of a correctional institution may also be required by the department to wear the brightly colored uniforms. Inmates not required to wear brightly colored uniforms while performing hard labor shall be otherwise clearly designated as inmates of correctional institutions. The employment of inmates in hard labor shall not displace employed workers, shall not be applied to skills, crafts, or trades in which a local surplus of labor exists, and shall not impair existing contracts for employment or services.
2. The director may when practicable pay the inmate an allowance as the director deems proper in view of the circumstances, and in view of the cost attending the maintenance of the inmate. The allowance is a gratuitous payment and is not a wage arising out of an employment relationship. The payment shall not exceed the amount paid to free labor for a like or equivalent service.
3. For purposes of this section, “hard labor” means physical or mental labor which is performed for a period of time which shall average, as nearly as possible, forty hours each week, and may include useful and productive work, chain gangs, menial labor, treatment or education programs, any training necessary to perform any work required, and, if possible, work providing an inmate with marketable vocational skills. “Hard labor” does not include labor which is dangerous to an inmate’s life or health, is unduly painful, or is required to be performed under conditions that would violate occupational safety and health standards applicable to such labor if performed by a person who is not an inmate.
4. Notwithstanding subsection 1, an inmate who has been determined by the director to be unsuitable for the performance of hard labor due to the inmate’s age, gender, physical or mental condition, strength, or security status shall not be required to perform hard labor.
5. The department shall adopt rules to implement this section.
83 Acts, ch 96, §33, 159
CS83, §217A.46
85 Acts, ch 21, §23, 54
CS85, §246.701
C93, §904.701
95 Acts, ch 166, §1; 96 Acts, ch 1216, §33
Referred to in §904.702
See Iowa Acts for special provisions relating to reports concerning inmate labor in a given year
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 904 - DEPARTMENT OF CORRECTIONS
Section 904.101 - Definitions.
Section 904.102 - Department established — institutions.
Section 904.103 - Responsibilities of department.
Section 904.104 - Board created.
Section 904.105 - Board — duties.
Section 904.106 - Meetings — expenses.
Section 904.107 - Director — appointment and qualifications.
Section 904.108 - Director — duties, powers.
Section 904.109 - Powers of governor — report of abuses.
Section 904.110 - Official seal.
Section 904.111 - Chapter 28E agreements.
Section 904.112 - Institutional receipts.
Section 904.114 - Travel expenses.
Section 904.115 - Report by department.
Section 904.116 - Institutional appropriations and expenditures — legislative oversight.
Section 904.117 - Interstate compact fund.
Section 904.118 - Iowa corrections offender network — fund.
Section 904.118A - Central warehouse fund.
Section 904.119 - Private sector housing of inmates — prohibition.
Section 904.201 - Iowa medical and classification center.
Section 904.202 - Intake and classification center.
Section 904.207 - Violator facility.
Section 904.301 - Appointment of superintendents.
Section 904.302 - Farm operations administrator.
Section 904.303 - Officers and employees — compensation.
Section 904.303A - Training — fund.
Section 904.305 - Dwelling house or quarters.
Section 904.306 - Conferences.
Section 904.307 - Annual reports.
Section 904.308 - Cooperation.
Section 904.309 - Consultants.
Section 904.310A - Information or materials — distribution.
Section 904.311 - Contingent fund — inmate tort claim fund.
Section 904.311A - Prison recycling funds.
Section 904.312 - Purchase of supplies.
Section 904.312A - Motor vehicles.
Section 904.312B - Purchase of biobased hydraulic fluids, greases, and other industrial lubricants.
Section 904.312C - Purchase of designated biobased products.
Section 904.313 - Emergency purchases.
Section 904.314 - Plans and specifications for improvements.
Section 904.315 - Contracts for improvements.
Section 904.316 - Payment for improvements.
Section 904.317 - Director may buy and sell real estate — options.
Section 904.318 - Fire protection contracts.
Section 904.319 - Temporary quarters in emergency.
Section 904.320 - Private transportation of prisoners.
Section 904.321 - Department of corrections survivor benefits fund.
Section 904.401 - Investigation.
Section 904.402 - Investigation of other institutions.
Section 904.403 - Investigatory powers — witnesses.
Section 904.405 - Recording of testimony.
Section 904.501 - Reports to director.
Section 904.502 - Questionable commitment.
Section 904.503 - Transfers — persons with mental illness.
Section 904.504 - Federal prisoners.
Section 904.505 - Disciplinary procedures — use of force.
Section 904.506 - Confiscation of currency.
Section 904.507A - Liability for escapee expenses.
Section 904.508 - Property of inmate — inmate savings fund.
Section 904.508A - Inmate telephone fund.
Section 904.509 - Money deposited with treasurer of state.
Section 904.510 - Religious preference.
Section 904.511 - Time for religion.
Section 904.513 - Assignment of OWI violators to treatment facilities.
Section 904.514 - Required test.
Section 904.515 - Human immunodeficiency virus-related matters — exemption.
Section 904.516 - Academic achievement of inmates — literacy and high school equivalency programs.
Section 904.601 - Records of inmates.
Section 904.602 - Confidentiality of records — penalty.
Section 904.603 - Action for damages.
Section 904.701 - Services required — gratuitous allowances — hard labor — rules.
Section 904.702 - Deductions from inmate accounts.
Section 904.703 - Services of inmates — institutions and public service — inmate labor fund.
Section 904.704 - Limitation on contracts.
Section 904.705 - Industries — forestry nurseries.
Section 904.706 - Revolving farm fund.
Section 904.707 - Apprenticeship programs — limitations.
Section 904.801 - Statement of intent.
Section 904.802 - Definitions.
Section 904.803 - Prison industries advisory board.
Section 904.804 - Duties of industries board.
Section 904.805 - Duties of state director.
Section 904.806 - Authority of state director not impaired.
Section 904.807 - Price lists to public officials.
Section 904.808 - State purchasing requirements — exceptions.
Section 904.809 - Private industry employment of inmates of correctional institutions.
Section 904.812 - Restriction on goods made available.
Section 904.813 - Industries revolving fund — uses.
Section 904.814 - Inmate allowance supplement revolving fund.
Section 904.815 - Sale of products.
Section 904.901 - Work release program.
Section 904.902 - Work release — persons serving mandatory minimum sentence.
Section 904.903 - Agreement by inmate.
Section 904.904 - Housing facilities — halfway houses.
Section 904.905 - Surrender of earnings.
Section 904.906 - Status of inmates on work release.