PETITION OF:

SECTION 1. Section 51 of chapter 127 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word “prisoners”, in line 7, the following words:― , except for those prisoners engaged in a prison industries enhancement program business established pursuant to the provisions of section 51A.

SECTION 2. Chapter 127 of the General Laws, as so appearing, is hereby amended by inserting, after section 51, the following three sections:―

Section 51A. The commissioner and the superintendents of county correctional facilities may, consistent with the provisions of 18 USC 1761(c), as amended by the federal Justice Assistance Act of 1984 (P.L. 101-647), contract with private entities to: (1) employ inmates, who voluntarily elect to be so employed and who signify such election by signing a statement provided to said inmate by said the commissioner or his designee; (2) invest in prison-based businesses owned by the commonwealth; (3) purchase goods and services from prison-based businesses; (4) manage prison-based businesses owned by the commonwealth; and (5) establish prison-based businesses.

Section 51B. Wages paid to an inmate in consideration of employment within a prison industries enhancement program business established pursuant to the provisions of this section and section 51A shall be paid at a rate which is not less than that paid for work of a similar nature in the locality in which the work is performed; provided, however, that the commissioner and the superintendents of county correctional facilities shall be authorized to deduct and disperse from wages so paid, financial contributions sufficient to qualify said business under the eligibility requirements set forth in 18 USC 1761(c), as amended by the federal Justice Assistance Act of 1984 (P.L. 101-647), including deductions and disbursements for federal, state and local taxes.

Inmates engaged in employment within a prison industries enhancement program business established pursuant to the provisions of this section and section 51A shall not be deemed employees of the commonwealth; and, further, such inmates shall not be eligible for any earned income credit nor any statutory entitlements other than those specifically provided for the care and treatment of incarcerated inmates under this chapter.

In addition to said tax deductions, one-third of said inmates’ gross wages shall be expended to satisfy the victim and witness assessment ordered by a court pursuant to section 8 of chapter 258B. After said deductions, the remainder shall be allocated by the commissioner the following uses: (1) to offset the costs of incarceration; (2) for purchases within the institution by the inmate and for deposit into an interest-bearing account by the commissioner in a state-chartered approved by the state treasurer and paid to the inmate upon release from incarceration, with the accrued interest in such installments and at such times as may be prescribed by the applicable rules and regulations or as the commissioner shall designate.

Section 51C. There shall be established an advisory commission, to be known as the prison industries enhancement advisory commission, to provide general oversight over the prison industries enhancement program and all businesses established and operated pursuant to the provisions of sections 51A and 51B. Said commission shall consist of eight members, including the commissioner, who shall serve as chair, and seven others to be appointed by the governor who shall serve staggered terms of not more than four years. Said appointed members shall include: one representative of the State Labor Council/AFL-CIO; one representative of the Associated Industries of Massachusetts; one representative of the Massachusetts Bar Association; one representative of the Criminal Justice Policy Coalition; one representative of the Massachusetts Office for Victim Assistance; one representative of the manufacturing industry; and one representative of the general public.

Said advisory commission shall meet not less than two times per calendar year and at such other times as the chair deems necessary. Each proposed new prison industries enhancement program business shall be reviewed by said advisory commission to ensure compliance with all applicable state and federal laws, rules and regulations.

Any joint venture with the private sector entered into by the commissioner or a superintendent of a county correctional facility shall require the prior approval of said advisory commission by vote of a simple majority; provided, however, that no such vote shall be valid unless a quorum, consisting of not less than five members, is present.

SECTION 3. Section 74 of chapter 152 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word “twenty-seven”, in line 9, the following words:― ; provided, however, that said section shall apply to those inmates performing labor for and engaged in a prison industries enhancement program business established pursuant to the provisions of sections 51A and 51B of chapter 127.

SECTION 4. Section 87 of Chapter 276 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended in line 16 by inserting after the word “sentence” the following paragraphs:--

At any time following a conviction or guilty plea of a defendant for any crime punishable by a term of imprisonment in the state prison, the prosecuting authority may petition the court in the name of the Commonwealth to order, or the court may upon its own initiative order, as a special condition to the defendant’s incarceration that the defendant be prohibited from directly or indirectly engaging in any profit- or money-generating activity relating to the publication of facts or circumstances pertaining to the defendant’s involvement in the criminal conduct upon which the defendant’s conviction or guilty plea was based. The prosecuting authority shall give proper notice to the defendant prior to sentencing of said petition and shall certify to the court that such notice was duly made. For purposes of this section, “publication of facts” shall include, but not be limited to, contracting with any person, firm, corporation, partnership, association or other legal entity with respect to the commission or reenactment of the criminal conduct, crime or crimes, by way of movie, book, magazine article, tape recording, disc recording, phonograph record, radio or television presentation, live entertainment of any kind, or from the expression by the defendant of his thoughts, feelings, opinions or emotions regarding such criminal conduct in any other manner providing the defendant, his assigns, heirs, executors or representatives with economic gain.

Notwithstanding the provisions of this section, where the defendant undertakes any profit or monetary generating activity relating to the publication of facts, as defined herein, regarding his involvement in the criminal conduct for which he was convicted or to which he plead guilty, following his arrest, but prior to his conviction or entry of a guilty plea, the prosecuting authority may petition the court to order, or the court may upon its own initiative order, that the defendant, his assigns, heirs, executors or representatives forfeit all or any part of the proceeds received, or to be received by the defendant, his assigns, heirs, executors or representatives pursuant to that activity. The prosecuting authority shall give proper notice to the defendant and all other interested parties, as defined herein, of said petition and shall certify to the court that such notice was duly made. Unless the defendant or his assigns, heirs, executors or representatives, where applicable, consent to forfeiture in writing, the court shall, at the time of sentencing, or subject to order of the court, conduct a hearing on said petition and may make such orders regarding the forfeiture of profits as it so determines necessary in the interests of justice.

For purposes of this section, the term “interested party” shall include the defendant and any transferee of proceeds due to the defendant pursuant to any contract or agreement concerning the publication of facts, as defined herein, regarding the criminal conduct for which the defendant was convicted or to which he plead guilty, the person with whom the defendant has contracted, and any person physically harmed as a result of the offense for which the defendant has been convicted or to which he plead guilty.

Any person or entity so entering a contract or agreement with a defendant subject to a forfeiture order, or a special condition of incarceration, ordered pursuant to this section, shall pay to the state treasurer all proceeds, if any, due to the defendant or his assigns, heirs, executors or representatives under such contract or agreement. The state treasurer shall deposit any such monies received into an escrow account within the Victim and Witness Assistance Fund, as set forth in Chapter 10 of the General Laws, and such proceeds shall be held in escrow for a period not to exceed three years after the date of an order issued pursuant to this section. Such proceeds may be levied upon the victim, or may be used to satisfy a settlement, a judgment of liability, or money judgment rendered pursuant to chapter 258C by the division of victim compensation and assistance, or other such division authorized under that chapter, in favor of the victim, or his legal representative, against the defendant in an action concerning the criminal conduct for which the defendant was convicted or to which he plead guilty.

Under the expiration of the three year period, the state treasurer shall release the proceeds remaining in the escrow account into the Victim and Witness Assistance Fund.

Any action taken by said defendant by way of execution of power of attorney, creation of corporate entities, or like action to avoid compliance with any special conditions of incarceration or probation imposed pursuant to this section shall be deemed a violation of his sentence or probation.

SECTION 5. Section 49 of chapter 10 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended in line 4 by inserting after the words “two hundred fifty-eight B,” the following words:-- proceeds collected pursuant to a court order issued pursuant to chapter two hundred and seventy-six,.

SECTION 6. This act shall take effect upon passage.