North Carolina SB 421: Use of Career & Technical Funds/Onslow County.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 421

Short Title: Prison Reform Omnibus. (Public)
Sponsors: Senator Applewhite (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S421-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REFORM PRISON LABOR LAWS IN NORTH CAROLINA TO ENSURE FAIR 2
COMPENSATION, MEANINGFUL REHABILITATION, EQUITABLE WORK 3
OPPORTUNITIES, AND PROTECTIONS AGAINST LABOR EXPLOITATION. 4
Whereas, the current statutory framework governing prison labor in North Carolina 5
prioritizes State cost-savings over rehabilitation and workforce readiness; and 6
Whereas, national best practices, including New York, Maryland, and the Prison 7
Industry Enhancement Certification Program (PIECP), provide models for fair, rehabilitative, 8
and economically beneficial prison labor policies; and 9
Whereas, ninety-four percent (94%) of incarcerated individuals will reenter society, 10
and equipping them with vocational skills, fair wages, and work experience is essential for 11
reducing recidivism and increasing public safety; and 12
Whereas, the North Carolina agricultural industry is facing labor shortages, and prison 13
labor must not be exploited as a replacement for migrant or seasonal workers; and 14
Whereas, transparency, oversight, and independent auditing are critical to ensuring 15
prison labor programs serve the interests of rehabilitation, workforce development, and ethical 16
labor standards; and 17
Whereas, strengthening employment placement programs and offering tax incentives 18
to businesses hiring formerly incarcerated individuals will enhance North Carolina's economy 19
and reduce recidivism; Now, therefore, 20
The General Assembly of North Carolina enacts: 21
SECTION 1. The following sections of Article 3 of Chapter 148 of the General 22
Statutes are repealed: 23
(1) G.S. 148-26. 24
(2) G.S. 148-26.1. 25
(3) G.S. 148-26.5. 26
(4) G.S. 148-32.2. 27
(5) G.S. 148-32.3. 28
(6) G.S. 148-33. 29
SECTION 2. Article 3 of Chapter 148 of the General Statutes, as amended by 30
Section 1 of this act, reads as rewritten: 31
"Article 3. 32
"Labor of Prisoners.Fair and Rehabilitative Prison Labor Act. 33
"§ 148-27.1. State policy on employment of incarcerated individuals. 34
(a) It is the policy of the State of North Carolina that all incarcerated individuals who are 35
medically and physically fit, as determined by a licensed healthcare professional, may be 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 421-First Edition
provided with voluntary work opportunities that are rehabilitative, workforce-oriented, and fairly 1
compensated. 2
(b) Work programs under this Article shall do each of the following: 3
(1) Prioritize training and skill development in industries with viable employment 4
opportunities upon release. 5
(2) Ensure that prison labor is not used to displace non-incarcerated workers, 6
including migrant and seasonal agricultural workers. 7
(3) Comply with labor standards set forth in the Prison Industry Enhancement 8
Certification Program (PIECP), ensuring prevailing wage standards where 9
applicable. 10
(4) Offer meaningful vocational education, apprenticeship, and certification 11
programs. 12
(5) Establish gender-equitable labor policies, ensuring access to diverse work 13
opportunities for both male and female incarcerated individuals. 14
(6) Provide fair compensation, with wages at least equal to the State minimum 15
wage for PIECP-certified programs and no less than five dollars ($5.00) per 16
hour for non-PIECP programs. 17
(7) Ensure incarcerated individuals are provided post-release employment 18
assistance in collaboration with the North Carolina Department of Commerce, 19
workforce development boards, and private employers. 20
"§ 148-27.2. Definitions. 21
Unless otherwise specified or understood from the surrounding context, the following 22
definitions apply in this Article: 23
(1) Division. – The Division of Prisons of the Department of Adult Correction. 24
(2) Incarcerated individual. – A person in the custody of the Department of Adult 25
Correction or any other State or law enforcement agency, often referred to as 26
an inmate or prisoner. 27
(3) PIECP. – The Prison Industry Enhancement Certification Program. 28
(4) Secretary. – The Secretary of the Department of Adult Correction. 29
"§ 148-27.3. Prohibition on using prison labor to replace agricultural and private-sector 30
workers. 31
(a) No prison labor shall be used to replace, displace, or supplement migrant, seasonal, 32
or documented agricultural workers who have been affected by State or federal immigration 33
enforcement actions. 34
(b) Before approving any prison labor contracts in the agricultural sector, the North 35
Carolina Department of Labor shall conduct a labor market assessment to confirm a legitimate 36
labor shortage exists. 37
(c) Any incarcerated individual engaged in agricultural work shall be compensated at or 38
above the prevailing wage f