Federal Crime Statutes
18 U.S. Code Part I
Chapter 85 — Prison-Made Goods
This chapter of federal law deals with restrictions and prohibitions related to the transportation and sale of goods manufactured by convicts or prisoners. Its primary purpose is to regulate the market for such goods, often to protect free labor and legitimate businesses, and to ensure fairness. Chapter 85 establishes federal controls over the movement and commercialization of goods produced by inmates, aiming to manage the economic impact of such labor and prevent unfair competition.
Sections:
§ 1761 — Transportation or importation
(a)Whoever knowingly transports in interstate commerce or from any foreign country into the United States any goods, wares, or merchandise manufactured, produced, or mined, wholly or in part by convicts or prisoners, except convicts or prisoners on parole, supervised release, or probation, or in any penal or reformatory institution, shall be fined under this title or imprisoned not more than two years, or both.
(b)This chapter shall not apply to agricultural commodities or parts for the repair of farm machinery, nor to commodities manufactured in a Federal, District of Columbia, or State institution for use by the Federal Government, or by the District of Columbia, or by any State or Political subdivision of a State or not-for-profit organizations.
(c)In addition to the exceptions set forth in subsection (b) of this section, this chapter shall not apply to goods, wares, or merchandise manufactured, produced, or mined by convicts or prisoners who—
- (1)are participating in—one of not more than 50 prison work pilot projects designated by the Director of the Bureau of Justice Assistance;
- (2)have, in connection with such work, received wages at a rate which is not less than that paid for work of a similar nature in the locality in which the work was performed, except that such wages may be subject to deductions which shall not, in the aggregate, exceed 80 per centum of gross wages, and shall be limited as follows:
- (A)taxes (Federal, State, local);
- (B)reasonable charges for room and board, as determined by regulations issued by the chief State correctional officer, in the case of a State prisoner;
- (C)allocations for support of family pursuant to State statute, court order, or agreement by the offender;
- (D)contributions to any fund established by law to compensate the victims of crime of not more than 20 per centum but not less than 5 per centum of gross wages;
- (3)have not solely by their status as offenders, been deprived of the right to participate in benefits made available by the Federal or State Government to other individuals on the basis of their employment, such as workmen’s compensation. However, such convicts or prisoners shall not be qualified to receive any payments for unemployment compensation while incarcerated, notwithstanding any other provision of the law to the contrary; and
- (4)have participated in such employment voluntarily and have agreed in advance to the specific deductions made from gross wages pursuant to this section, and all other financial arrangements as a result of participation in such employment.
(d)This section shall not apply to goods, wares, or merchandise manufactured, produced, mined or assembled by convicts or prisoners who are participating in any pilot project approved by the FPI Board of Directors, which are currently, or would otherwise be, manufactured, produced, mined, or assembled outside the United States.
(e)For the purposes of this section, the term “State” means a State of the United States and any commonwealth, territory, or possession of the United States.
§ 1762 — Marking packages
(a)All packages containing any goods, wares, or merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners, except convicts or prisoners on parole or probation, or in any penal or reformatory institution, when shipped or transported in interstate or foreign commerce shall be plainly and and clearly marked, so that the name and address of the shipper, the name and address of the consignee, the nature of the contents, and the name and location of the penal or reformatory institution where produced wholly or in part may be readily ascertained on an inspection of the outside of such package.
(b)Whoever violates this section shall be fined under this title, and any goods, wares, or merchandise transported in violation of this section or section 1761 of this title shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law.
