Could Louisiana Prison Enterprises partner with a private company to raise tilapia using inmate labor?

Plain-English summary

Louisiana's Department of Public Safety and Corrections proposed a tilapia farm at the state penitentiary with AquaTech Industries. The company would provide equipment, renovate an unused barn, supervise production, and pay the Department based on inmate work hours; the Department would provide the facility and security. The AG said La. R.S. 15:1153 authorized the proposed cooperative endeavor because it facilitated production of an agricultural commodity, provided inmate work, and could support LSU Agricultural Center research.

The AG asked to review the final draft agreement before signing for possible public-lease issues. It found no state-law prohibition on processing and open-market sale of inmate-produced commodities, but expressly declined to decide whether the federal prison-made-goods transport statute applied because its office did not opine on federal law.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did Prison Enterprises have authority to partner with AquaTech on tilapia production?

The AG said yes under La. R.S. 15:1153 for the described arrangement, which combined an agricultural commodity with inmate work and possible research.

Did the AG give final approval to the contract as drafted?

No. It requested a final draft before signing so the office could review possible public-lease-law issues.

Could the tilapia be processed and sold in the open market?

The AG said its research found no state-law provision prohibiting processing or sale of inmate-produced commodities on the open market. It gave no answer on the federal transport statute mentioned in the request.

Background and statutory framework

The opinion quoted La. R.S. 15:1153's purposes for Prison Enterprises and its authorization for agricultural cooperative endeavors and research. It assessed the described facility, labor, supervision, and payment arrangement against that statute, while reserving agreement review and declining the federal-law question.

Citations

• La. R.S. 15:1153 (Prison Enterprises purposes and cooperative-endeavor authority).
• 18 U.S.C.A. 1761 (federal question the AG declined to decide).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0046

Original opinion text

July 11, 2006
OPINION NUMBER 06-0046

90-A-1 PUBLIC FUNDS & CONTRACTS
16-A CRIMINAL LAW PROCEDURE
Mr. Richard L. Stalder
La. R.S. 15:1153
Secretary, Department of Public Safety
and Corrections
The Louisiana Department of Public Safety and
P.O. Box 94304
Corrections has the authority to enter into a
Capital Station
cooperative endeavor with a private company for the
production of an agricultural commodity.
Baton Rouge, Louisiana 70804-9304

Dear Mr. Stalder:

You requested an Attorney General’s opinion regarding the Division of Prison Enterprises. You indicate that the Division of Prison Enterprises has been asked to participate in a joint venture with AquaTech Industries, LLC (“AquaTech”) to operate a tilapia farm at the Louisiana State Penitentiary using inmate labor for production purposes. The operation will consist of transporting in live fingerling fish and transporting out live market size fish for processing. Under this agreement, the Louisiana Department of Public Safety and Corrections (“DPS&C”) will not assume ownership or responsibility for the product at any time. The principals involved in this potential venture will be the DPS&C (Division of Prison Enterprises and the Louisiana State Penitentiary) and AquaTech. Stipulations to be included in this potential agreement are as follows:

• DPS&C will provide a facility (a currently unused concrete barn) to AquaTech;
• All renovation needed for operations will be the responsibility of AquaTech (any permanent alterations or additions to the facility will become property of the DPS&C at the end of the contract agreement);
• AquaTech will provide all equipment necessary for operations;
• AquaTech will provide direct line operational supervision of inmate workers including quality control;
• DPS&C will provide adequate security for the operation;
• AquaTech will pay DPS&C as a set rate based on inmate work hours.

You also indicate that the Louisiana State University Agricultural Center is interested in assisting and working with AquaTech, and conducting research in conjunction with this venture. Additionally, you indicate that a similar tilapia farm has indicated an interest in employing inmates upon their release from prison. You question whether the Division of

Page 2

Mr. Richard L. Stalder
Opinion Number 06-0046
Page -2-

Prison Enterprises can legally enter into a cooperative endeavor with a private company to produce an agricultural commodity.

Prison Enterprises is governed by La. R.S. 15:1151 et seq.; R.S. 15:1153 provides in pertinent part:

A. The department shall operate prison enterprises for the following purposes, which shall be given priority in the order listed:

(1) To utilize the resources of the department in the production of food, fiber, and other necessary items used by the inmates in order to lower the cost of incarcerating the inmates.

(2) To provide products and services to state agencies and agencies of parishes, municipalities, and other political subdivisions. The products and services shall be provided at the cost to the department for providing the goods and services.

(3) To provide work opportunities for inmates in accordance with law.

B. (1) The department may enter into cooperative endeavors with and request studies or reports from private citizens, the Louisiana State University Cooperative Extension Service, and the public colleges and universities in this state for the purposes of encouraging and facilitating production and marketing of agricultural commodities and research in the area of production of agricultural commodities and for the purpose of acquiring advice on the most cost effective utilization of the products of its agricultural system.

This statute mandates that DPS&C operate Prison Enterprises to provide work opportunities for inmates. The statute also authorizes DPS&C to enter into cooperative endeavors for the purposes of encouraging and facilitating production and marketing of agricultural commodities and research in the area of production of agricultural commodities. We also note that the mission of Prison Enterprises is:

1. To utilize the resources of the department in the production of food, fiber, and other necessary items used by the inmates in order to lower the cost of incarceration;

2. To provide quality products and services to state agencies and agencies of parishes, municipalities, and other political subdivisions;

3. To provide work opportunities for inmates during incarceration and upon reentry to society.

Page 3

Mr. Richard L. Stalder
Opinion Number 06-0046
Page -3-

The proposed cooperative endeavor appears to meet the requirements of R.S. 15:1153, and this type of project furthers the mission of Prison Enterprises. The project will provide work opportunities for inmates, will facilitate the production of an agricultural commodity, and will provide an opportunity for aquaculture research for the LSU Agricultural Center. Therefore, it is the opinion of our office that DPS&C has the authority to enter into the proposed cooperative endeavor. However, in order to ensure that there are no public lease law issues associated with the cooperative endeavor, we request that prior to signing the proposed cooperative endeavor agreement, DPS&C forward a final draft of the cooperative endeavor agreement to our office for final review.

You have also questioned whether the raw product can be processed in the State of Louisiana and sold on the open market. This office is unaware of, and our research did not reveal, any provision of state law which would prohibit the processing or sale of inmate produced commodities on the open market. In your opinion request, you noted that 18 U.S.C.A. 1761 addresses the transportation of prison-made goods. Unfortunately, we cannot opine on the applicability of 18 U.S.C.A. 1761 on the proposed cooperative endeavor, as our office does not give opinions on the application of federal law.

Trusting this adequately responds to your request, we remain

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _________
KENNETH L. ROCHE, III
Assistant Attorney General

CCF, JR/KLR, III/jv

Page 4

Opinion Number 06-0046

90-A-1 PUBLIC FUNDS & CONTRACTS
16-A CRIMINAL LAW PROCEDURE

La. R.S. 15:1153

The Louisiana Department of Public Safety and Corrections has the authority to enter into a cooperative endeavor with a private company for the production of an agricultural commodity.

Mr. Richard L. Stalder
Secretary, Department of Public Safety
and Corrections
P.O. Box 94304
Capital Station
Baton Rouge, Louisiana 70804-9304

Date Received:

Date Released: July 11, 2006

Kenneth L. Roche, III
Assistant Attorney General