West Virginia Code § 17-5-12

Work which may be performed by convicts other than on state road force
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Convicts of either sex not employed in the state convict road force as provided by article
five, chapter seventeen, may be employed by the warden under the directions of the state
commissioner of public institutions in work for the state penitentiary or any farm now or
hereafter under control of the state and in work for any public, nonprofit enterprise or
program sponsored by the state or any of its governmental subdivisions, bute such convicts
actually confined within the penitentiary and not available for outside work shall as far as
possible, be used in the making of articles required by the state departrments and
institutions. The warden may charge the various state departments and institutions for such
convict-made supplies the actual costs of the materials used in the manufacture of the
articles furnished them and, in addition thereto, an amount sufficient to defray the
maintenance cost of the prisoners employed in such manufatcture and to keep in repair with
suitable replacements the machinery, tools and appliances used in the manufacture of such
articles, to the extent of the fair market price thereof, the amount of which shall be stated by
the state commissioner of public institutions. Any articles and supplies so manufactured and
not required by the state departments and institutions may be sold by the warden to
municipalities and counties and the agencies thereof, or to federal agencies, upon the same
terms and conditions, but in no event shall such articles be sold to private persons, firms or
corporations, or be sold or consumed otherwise than by public departments and institutions
of government.
This article shall not impair aney contracts now existing between the state commissioner of
public institutions and any person, firm or corporation for the use of convict labor for
manufacturing within thLe walls of the penitentiary, nor prevent the hiring of convicts either
within or without the walls as otherwise provided by this article.

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