Prevention of Illegal Payments to Inmates Incentive Act Exposed

The 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. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

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.}

Section 1. {Title.}

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

Section 2. {Definitions}

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

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

(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].

Section 4. {Prevention of erroneous payments to prisoners – incentives.}

(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.

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

(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.

Section 6. {Severability clause.}

Section 7. {Repealer clause.}

Section 8. {Effective date.}

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

Approved by full ALEC Board of Directors June, 2000.