PIE CERTIFICATION PROGRAM

What is the Prison Industry Enhancement Certification Program?

To view a video about this program, click on one of the links below:

"Cutting Through the Perceptions", PIE Marketing Video, Windows Media- low resolution, recommended for most Windows users

"Cutting Through the Perceptions", PIE Marketing Video, Quicktime- low resolution for Macintosh users

Files may take several minutes to download depending on your connection speed.

The Prison Industry Enhancement (PIE) Certification Program exempts certified state and local departments of correction and other eligible entities from normal restrictions on the sale of prisoner-made goods in interstate commerce. In addition, the program lifts restrictions on these certified entities permitting them to sell prisoner-made goods to the Federal Government in amounts exceeding the $10,000 maximum normally imposed on such transactions.

The PIE Certification Program was created by Congress in 1979 to encourage states and units of local government to establish employment opportunities for prisoners that approximate private-sector work opportunities. The program is designed to place inmates in a realistic work environment, pay them the prevailing local wage for similar work, and enable them to acquire marketable skills to increase their potential for successful rehabilitation and meaningful employment on release. A total of 50 jurisdictions may be certified under the PIE Certification Program. To become certified, each program must demonstrate to the Director of the Bureau of Justice Assistance (BJA), U.S. Department of Justice, that it meets statutory and guideline requirements as listed under Mandatory Criteria for Program Participation. The statute and guidelines are designed to create a level playing field with the private sector.

The National Correctional Industries Association (NCIA), the professional organization for prison industry employees, provides training and technical assistance for this program. Under a grant from BJA, the NCIA staff of volunteer correctional industry professionals assess program participants for compliance with program requirements and provide onsite and telephone technical assistance to programs that are not in compliance. NCIA provides additional technical assistance by:

• Responding to specific requests for substantive help from participating jurisdictions
• Providing program information to government agencies, private-sector companies, journalists, professional business and labor organizations, and others interested in the program
• Offering periodic training to program participants
• Helping to shape program policy through development of program guidelines, quarterly program data summaries, and other documents in response to program needs

The PIE Certification Program has two primary objectives:

• Generate products and services that enable prisoners to make a contribution to society, help offset the cost of their incarceration, compensate crime victims, and support their families
• Reduce prison idleness, increase inmate job skills, and improve the prospects for successful inmate tranition to the community on release

Authority

The PIE Certification Program was first authorized under the Justice System Improvement Act of 1979 (Public Law 96-157, Sec. 827) and later expanded under the Justice Assistance Act of 1984 (Public Law 98-473, Sec. 819). The Crime Control Act of 1990 (Public Law 101-647) authorizes continuation of the program indefinitely.

Program Benefits

The PIE Certification Program allows private industry to establish joint ventures with state and local correctional agencies and other eligible entities to produce goods using prison labor, and to sell prison-made goods to the Federal government in amounts over $10,000. The program benefits:

• Corrections administrators. The program is a cost-effective way to reduce idleness and productively occupy a portion of the ever-growing correctional population.
• Crime victims. The program provides a means of partial repayment for harm sustained.
• The private sector. The program provides a stable and readily available workforce. In addition, many correctional agencies provide low cost manufacturing space to private-sector companies involved in the program.
• The public. Because of inmate worker contributions to room and board, family support, victim compensation and taxes, the program provides a way to reduce the escalating cost of crime.
• Inmates. The program offers a chance to work, meet financial obligations, increase job skills, and increase the likelihood of meaningful employment on release from incarceration.

Mandatory Criteria for Program Participation

Eligible jurisdictions that apply to participate in the PIE Certification Program must meet all nine of the following criteria:

1. Legislative authority to involve the private sector in the production and sale of prison-made goods, and administrative authority to ensure that mandatory program criteria will be met through internal policies and procedures.
2. Legislative authority to pay wages at a rate not less than that paid for similar work in the same locality's private sector.
3. Written assurances that the PIE Certification Program will not result in the displacement of workers employed before program implementation.
4. Authority to provide worker benefits, including workers' compensation or its equivalent.
5. Legislative or administrative authority to take deductions not to exceed 80 percent of gross wages for room and board; taxes (federal, state, local); allocations for support of family pursuant to state statute, court order, or agreement by offender; and contributions of not more than 20 percent, but not less than 5 percent of gross wages to any fund established by law to compensate the victims of crime.
6. Written assurances that inmate participation is voluntary.
7. Written proof of consultation with related organized labor before PIE Certification Program startup.
8. Written proof of consultation with related local private industry before PIE Certification Program startup.
9. Compliance with the National Environmental Policy Act and related federal environmental review requirements.

Allowable Wage Deductions

Certified jurisdictions may take a series of deductions from wages earned by prisoners. Permissible deductions are limited to room and board, taxes (such as federal, state, FICA), family support, and crime victim compensation/assistance. Deductions must not total more than 80 percent of gross wages.

Program Certification Process

Interested jurisdictions may request a PIE Certification Program Application from BJA or the National Correctional Industries Association. Applications must provide written proof that they meet all mandatory program criteria (including copies of legislation and/or administrative rulings, as appropriate). After reviewing and approving an application, BJA will formally notify the jurisdiction that it has been certified to participate in the program. Certified jurisdictions must agree to enforce program requirements. Certification may be terminated if a jurisdiction is found to be out of compliance with any of the mandatory program criteria or if the certification is unused for six months or longer.

Eligibility

All states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and all units of local government or other eligible entities authorized by law to administer prison industry programs are eligible to apply for program certification.

As of June 30, 2004, 39 jurisdictions were certified.

For information about PIECP participation, technical assistance and/or training, contact:

Bureau of Justice Assistance

Sahra Nadiir, Grant Coordinator
National Correctional Industries Association
1202 North Charles Street
Baltimore, MD 21201
Tel: (410) 230-3972
(888) 553-4210
FAX: (410) 230-3981
sahra@nationalcia.org
www.nationalcia.org/