The director of the department of corrections and rehabilitation and the warden of the penitentiary shall attempt to employ all offenders committed to the legal and physical custody of the department in maintaining the penitentiary and penitentiary grounds, in carrying on the work of the industries established at the penitentiary or at other state institutions, in doing any work necessary to be done in the erection, repair, or improvement of any of the state buildings, including the executive mansion, and the grounds of such buildings, or in the construction and improvement of the public highways of the state. The department may employ offenders in work projects for county and local governmental agencies and subdivisions. The department shall employ offenders when practicable in the work to which they are best adapted and in the work that will make it possible for them to acquire skill so that they will be able to earn a livelihood when they are paroled or discharged from the institution. The department may employ offenders outside the yard of the penitentiary in cultivating and improving any ground belonging to the department. The department must be held responsible for the escape of any offender notwithstanding that such employment is outside the penitentiary if the escape is made possible through the negligence of the department.
12-48-03.1. The director of the department of corrections and rehabilitation may establish and engage in prison industries. 1. The director of the department of corrections and rehabilitation may establish and engage in prison industries the director deems necessary and which are of greatest benefit to and in the best interest of the state of North Dakota, the department, and offenders committed to the legal and physical custody of the department. The director may also discontinue industries when necessary. The director shall make all rules and regulations and do all things necessary or incidental to the establishing and maintaining of prison industries including the manufacture, sale, or distribution of prison industries produce or products, and, so far as is compatible with the efficient operation of the industry, shall use offenders committed to the department as laborers in prison industries. The director shall also do all things necessary and incidental to the discontinuance of industries no longer necessary or beneficial to the department. The department shall keep a true and accurate account of all receipts from the established industries and deposit the earnings in an account as provided by law. 2. All products made in prison industries may be purchased directly by governmental agencies, including federal, state, and tribal agencies and political subdivisions, for use in official business, and by nonprofit organizations, excluding trade associations, fraternal organizations, co-ops, and health insurance companies. Prison industries may sell commissary items and prison industries-made clothing to inmates. Prison industries-made products may also be sold through wholesale or retail outlets that possess a valid sales tax permit, and if the products are manufactured under the prison industries enhancement certification program under Public Law No. 96-157 [93 Stat. 1215; 18 U.S.C. 176(c)], in interstate commerce and through export firms for sale to international markets.
12-48-03.2. Prison industry authorized to trade, barter, and exchange merchandise, equipment, and services. Prison industry is authorized to trade, barter, and exchange merchandise, equipment, and services with any state agency if such is in the best interest of the prison industry and approved by the director of the department of corrections and rehabilitation.