1. (a) Employment that an incarcerated individual of a custodial or penal institution performs for a nonprofit organization or a governmental entity is not covered employment.

2. (b)

   1. (1) Except as provided in paragraph (2) of this subsection, employment that an incarcerated individual of a custodial or penal institution performs for a private, for-profit employer is not covered employment.
   2. (2) Employment that an incarcerated individual of a custodial or penal institution performs for a private, for-profit employer is covered employment if the incarcerated individual continues to be employed by the private, for-profit employing unit after being permanently released from the custodial or penal institution, including released by parole.

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1998, c. 747, § 1, eff. Oct. 1, 1998; Acts 2017, c. 631, § 1, eff. Oct. 1, 2017; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.

Formerly Art. 95A, § 20.