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Us Bja Prison Industry Enhancement Certification Program 2002

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Program Brief 7/10/02 9:57 AM Page 1

U.S. Department of Justice
Office of Justice Programs

Program Brief

B u r e a u

o f

J u s t i c e

A s s i s t a n c e

Bureau of Justice Assistance

Richard R. Nedelkoff, Director
www.ojp.usdoj.gov/BJA
July 2002

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

T

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

Program Brief 7/10/02 9:57 AM Page 2

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.

About BJA
The Bureau of Justice Assistance was established in 1984 as a
component of the Office of Justice Programs, U.S. Department of
Justice. BJA provides leadership and resources to state, local, and
tribal governments and communities to reduce crime, violence, and
drug abuse and to strengthen the nation’s criminal justice system.
BJA provides this assistance through formula and discretionary
grants, training and technical assistance, publications, and the BJA
web site.

For Further Information
For additional information about the Prison Industry Enhancement
Certification Program, contact:
National Correctional Industries Association
PIE Technical Assistance
1202 North Charles Street
Baltimore, MD 21201–5508
410–230–3972
Fax: 410–230–3981
E-mail: Info@nationalcia.org
Web site: www.nationalcia.org
Bureau of Justice Assistance
810 Seventh Street NW.
Washington, DC 20531
202–616–6500
Fax: 202–305–1367
Web site: www.ojp.usdoj.gov/BJA
For publications and information on other BJA-funded
programs, contact:
Bureau of Justice Assistance Clearinghouse
P.O. Box 6000
Rockville, MD 20849–6000
1–800–688–4252
Web site: www.ncjrs.org
Clearinghouse staff are available Monday through Friday, 8:30 a.m.
to 7 p.m. eastern time. Ask to be placed on the BJA mailing list.

2

The National Correctional Industries Association
(NCIA), the professional organization for prison
industry employees, provides technical assistance
for this program. Under a grant from BJA, the NCIA
staff of volunteer correctional industry professionals
audit 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 transition to the community on release.

Program Brief 7/10/02 9:57 AM Page 3

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 to produce goods using prison
labor. The program benefits:

◆ The corrections administrator. The program is
a cost-effective way to occupy a portion of the
ever-growing prison population.

◆ The crime victim. The program provides a means
of partial repayment for harm sustained.

◆ The prisoner. The program offers a chance to work,
meet financial obligations, increase job skills, and
increase the likelihood of meaningful employment
on release from incarceration.

◆ The private sector. The program provides a stable
and readily available workforce. In addition, many
correctional agencies provide 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.

Mandatory Criteria for Program
Participation
Corrections departments that apply to participate in
the PIE Certification Program must meet all eight of
the following criteria:

1. Legislative authority to pay wages at a rate not
less than that paid for similar work in the same
locality’s private sector.
2. Written assurances that the PIE Certification
Program will not result in the displacement of
workers employed before program implementation.
3. Authority to provide worker benefits, including
workers’ compensation or its equivalent.
4. Authority to involve the private sector in the
production and sale of prisoner-made goods.
5. Written assurances that inmate participation is
voluntary.
6. Legislative or administrative authority to collect
and provide financial contributions of not less than
5 percent and not more than 20 percent of gross
wages to crime victim compensation/assistance
programs and legislative or administrative authority
for crime victim compensation/assistance
programs to accept such financial contributions.
7. Written proof of consultation with organized labor
and local private industry before PIE Certification
Program startup.
8. Compliance with the National Environmental Policy
Act and related federal environmental review
requirements.

Allowable Wage Deductions
Corrections departments 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.
Total wages earned and deductions collected.
During the period December 1979 through
December 31, 2001, jurisdictions participating in

3

Program Brief 7/10/02 9:57 AM Page 4

the program have paid the following wages and
collected the following amounts:
Gross wages earned
Victim program deductions
Room and board deductions
Family support deductions
Taxes withheld
Total deductions

$215,314,373
19,976,186
55,428,991
12,570,451
29,225,063
$117,200,691

Program Certification Process
Interested corrections departments may request a PIE
Certification Program Application from BJA or the
National Correctional Industries Association.
Applicants 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 6 months or longer.

Eligibility
All states, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, and all units of local
government authorized by law to administer prison
industry programs are eligible to apply for program
certification.
As of December 31, 2001, 38 jurisdictions were
certified. For a complete list, please visit the NCIA web
site at www.nationalcia.org.

Photos courtesy of the National Correctional Industries Association.

NCJ 193772
July 2002

U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Washington, DC 20531
Official Business
Penalty for Private Use $300