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Center for Media and Democracy Alec Model Legislation Prevention of Illegal Payments to Inmates Incentive Act

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By the Center for
Media and Democracy
www.prwatch.org

D I D Y O U K N O W ? Corporations VOTED to adopt this. Through ALEC, global companies
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work as “equals” in “unison” with politicians to write laws to govern your life. Big
“ALEC”
has MEMBERS
long been a
ABOUT
EVENTS & MEETINGS
MODEL LEGISLATION
TASK FORCES
ALEC INITIATIVES
PUBLICATIONS
Business has
“a VOICE and a VOTE,”
according
to newly exposed
documents. DO YOU?
secretive
NEWS collaboration
between Big Business and
Did you know the NRA--the
Home
Model Legislation
Public Safety and Elections
“conservative”
politicians.
Model Legislation
National Rifle Association-Behind closed doors, they
Civil Justice
Prevention of Illegal Payments to Inmates Incentive Act
was the corporate co-chair in
ghostwrite “model” bills to
be introduced
inInsurance,
state
Commerce,
2011?
Summary
andacross
Economic
capitols
the country.
Development
This Act will create a program, including incentives, for sheriffs to report individuals
This agenda--underwritten
incarcerated more than thirty days in order to prevent receipt by inmates of illegal
by global
corporations-Education
payments under public programs.
includes major tax
Energy,
loopholes
forEnvironment,
big industries
Model Legislation
and Agriculture
and the
super rich,
{Title, enacting clause, etc.}
proposals
to Relations
offshore U.S.
Federal
jobs and gut minimum
Section 1. {Title.} This Act may by cited as the Prevention of Illegal Payments to
and Human
Inmates Incentives Act.
wage,Health
and efforts
to
Services
weaken
public health,
Section 2. {Definitions}
safety,
and environmental
International
Relations
protections. Although many
(A) The term “prisoner” means a post conviction person confined for more than 30 days
Public
in a local jail after sentencing.
of these
billsSafety
have and
become
Elections
law, until
now, their origin
Section 3. {Prevention of erroneous payments to prisoners – identifying
has been
largely
unknown.
Tax and
Fiscal
Policy
information reporting system.}
With ALEC EXPOSED, the
Telecommunications
(A) In order to eliminate erroneous payments of benefits to prisoners confined in local
Center
for Media and
jails in the state, county sheriffs or local jail administrators, the [insert name of state
and Information
Democracy
hopes
more
department of human services], county departments of social services, and the [insert
Technology
Americans will study the
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
bills to understand the
period exceeding thirty days to state and county agencies responsible for the
this Page
depth andPrint
breadth
of how
administration of workers’ compensation and public assistance benefits. Such system
big corporations
Text-Onlyare
Page
shall be implemented on or before July 1, [insert year], within existing appropriations.
changing the legal rules
Email this Page
(B) On and after the implementation date of the information reporting system developed
and undermining democracy
pursuant to subsection (A) of this section, but in any event no later than July 1, [insert
across the nation.
year], each sheriff in the state may periodically transmit identifying information about

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

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.
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