The United States has a major mass incarceration problem and imprisons a larger percentage of its population than other developed nations in the world. Not only are more people imprisoned in the U.S. than most other developed countries, but prison conditions are often criticized in this country.
While there are many potential issues with prison conditions, there are also some rules that aim to impose regulations. One such rule relates to prison made goods.
It is important to understand the laws associated with prison made goods and to ensure that you do not violate any of those laws that apply to you. If you violate the law, you could face penalties including being charged with a federal crime.
LV Criminal Defense understands the federal criminal justice system and provides help to defendants in Arizona, Oregon, Utah, California, and Nevada who have been charged with federal criminal offenses. Our knowledgeable and experienced federal defense attorneys know the ins-and-outs of the law and understand how prosecutors take action and conduct investigation to try to secure conviction. We can put our extensive knowledge of the federal penal code to work on your case if you are accused of wrongdoing in connection with prison made goods.
To find out more about how our legal team can help you with fighting for acquittal or with taking steps to try to limit penalties through the negotiation of an effective plea agreement, give us a call today.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
In order to ensure prison made goods are carefully regulated and no unlawful misconduct occurs, 18 U.S. Code Chapter 85 addresses prison made goods. There are two statutes within this chapter of the federal penal code related to prison made goods. The first, 18 U.S. Code section 1761, addresses the transportation or importation of prison made goods while the second, 18 U.S. Code section 1762, addresses marking packages associated with prison made goods.
According to 18 U.S. Code section 1761, knowingly transporting goods, wares, or merchandise that has been manufactured, produced, or mined wholly or partly by convicts in prisons in interstate commerce or importing such goods from a foreign country could result in a fine and imprisonment for up to two years, or both. However, an exception is made if the convicts or prisoners are on parole, supervised release, or probation or if they are in a penal or reformatory institute.
The statute makes clear that it does not apply to agricultural commodities or to parts for the repair of farm machinery. It also does not apply to commodities that are manufactured in a federal institution, in an institution in the District of Columbia, or in a state institution for use by the federal government, for use by Washington D.C., or for use by state or political subdivisions of states or nonprofit organizations.
In addition to the other enumerated exceptions set forth within 18 U.S. Code section 1761, the statute also does not apply to goods, wares, or merchandise that is manufactured, that is produced, or that is mined by prisoners or convicts who are participating in one of more than 50 different prison work pilot projects that were designed by the Director of the Bureau of Justice Assistance.
It also does not apply to goods that were made, mined, or produced by prisoners who received wages similar to those that are earned in the same locality for wages that were performed, even if those wages were subject to deductions for taxes, reasonable charges for room and board, allocations for family support, or contributions to victims assistance funds, as long as no more than 80 percent of the wages were deducted and as long as the deduction for the victims’ assistance funds were between five and 20 percent of the total wages.
If the goods were made, mined, or manufactured by convicts who haven’t been deprived by their status of offenders of the right to participate in workers’ compensation or other employment benefits, then the statute prohibiting the transport of prison-made goods also does not apply. However, convicts do not receive unemployment benefits.
Finally if prisoners participate in employment voluntarily and agree to a wage deduction, the statute does not apply, nor does the statute apply to goods, wares, or merchandise that is manufactured, produced, mined, or assembled by convicts or prisoners participating in pilot programs approved by the FPI Board of Directors.
The other statue within Chapter 85 dealing with prison made goods requires that merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners must be clearly marked with details about the prison or reformatory where they were produced, unless an exception applies. If there are no proper markings, a fine can be imposed and the goods can be forfeited to the United States.
If you have been accused of violating any federal laws found within 18 U.S. Code Chapter 85, you should find a committed and knowledgeable federal criminal defense attorney who can provide aggressive, assertive and knowledgeable representation as you face serious charges in connection with prison-made goods.
LV Criminal Defense has represented clients facing charges in federal court who live in California, Arizona, Oregon, Nevada, Utah, or surrounding areas. We have a long track record of helping clients to avoid conviction by getting charges dropped or getting acquitted after raising defenses or introducing reasonable doubt. We also have a strong history of using our negotiation skills to negotiate favorable plea deals that result in minimum penalties given the circumstances of each case.
Our firm knows that your future is at stake whenever you are faced with federal charges and we will put our knowledge of the law to work on your behalf. To find out more about all the ways in which we can advocate for you and represent you, give us a call today.