View source for Prevention of Illegal Payments to Inmates Incentive Act Exposed

The '''[[:media:7N3-Prevention_of_Illegal_Payments_to_Inmates_Incentive_Act_Exposed.pdf|Prevention of Illegal Payments to Inmates Incentive Act]]''' was adopted by ALEC's Criminal Justice Task Force at the Annual Meeting on May 5, 2000, approved by the full ALEC Board of Directors in June, 2000. {{AEX2011}}

==ALEC Bill Text==

Summary

This Act will create a program, including incentives, for sheriffs to report individuals
incarcerated more than thirty days in order to prevent receipt by inmates of illegal
payments under public programs.


Model Legislation

{Title, enacting clause, etc.}

<u>Section 1. {Title.}</u>

This Act may by cited as the Prevention of Illegal Payments to
Inmates Incentives Act.

<u>Section 2. {Definitions}</u>

(A) The term “prisoner” means a post conviction person confined for more than 30 days
in a local jail after sentencing.

<u>Section 3. {Prevention of erroneous payments to prisoners – identifying
information reporting system.}</u>

(A) In order to eliminate erroneous payments of benefits to prisoners confined in local
jails in the state, county sheriffs or local jail administrators, the [insert name of state
department of human services], county departments of social services, and the [insert
name of state department of labor and employment] shall cooperatively develop a
system for reporting identifying information about prisoners confined in local jails for a
period exceeding thirty days to state and county agencies responsible for the
administration of workers’ compensation and public assistance benefits. Such system
shall be implemented on or before July 1, [insert year], within existing appropriations.

(B) On and after the implementation date of the information reporting system developed
pursuant to subsection (A) of this section, but in any event no later than July 1, [insert
year], each sheriff in the state may periodically transmit identifying information about
each prisoner confined for a period exceeding thirty days in any local jail within the
sheriff’s jurisdiction to the [insert name of state department of human services], county
departments of social services, and the [insert name of state department of labor and
employment].

<u>Section 4. {Prevention of erroneous payments to prisoners –
incentives.}</u>

(A) In the event the identifying information transmitted to the state department and the
county department pursuant to Section 3 results in the termination of benefits from any
program administered by the state department or county departments, the state
department or county departments shall pay as a reward to the operational fund of the
sheriff’s department or appropriate political subdivision ten percent of each of the
following:

:(i) Any portion of one month’s benefits that would have been payable to the prisoner that consists of state or county moneys;

:(ii) Any portion of one month’s benefit that would have been payable to the prisoner that consists of federal moneys granted to the state or counties, unless federal law prohibits the use of such grant moneys for the purpose specified in this subsection (A);

:(iii) Any portion on one month’s benefit that would have been payable to the prisoner that consists of federal moneys made available by waiver for the purpose specified in this subsection (A).

(B) The state attorney general may apply for any federal waivers necessary to maximize
the amount of the incentive payments to sheriffs.

(C) The state department or county departments shall not pay a reward as authorized
under this section if the state or county costs of implementing the provision of this
section exceed the overall saving of state or county moneys that the state department
of county departments estimate shall be realized by implementing this section.

(D) All monies received by a sheriff or local jail administrator shall be reported as a
revenue item in their annual budget.

<u>Section 5. {Limitations on payments to prisoners – incentives to sheriffs
and department of corrections.}</u>

(A) In the event the identifying information transmitted to the [insert name of state
department of labor and employment] pursuant to section 2 results in the termination of
workers’ compensation benefits, the employer or the insurance carrier, if any, shall pay
to the sheriff a reward equal to ten percent of one week’s benefit to which the prisoner
would otherwise be eligible to receive.

(B) A prisoner who is ineligible pursuant to subsection (A) of this section shall repay to
the employer or the insurance carrier, if any, any amount of benefits received while not
eligible.

<u>Section 6. {Severability clause.}</u>

<u>Section 7. {Repealer clause.}</u>

<u>Section 8. {Effective date.}</u>


Adopted by ALEC's Criminal Justice Task Force at the Annual Meeting May 5, 2000.

Approved by full ALEC Board of Directors June, 2000.