CH 15 Inmate Workers (Policy.Corrections.CH 15 Inmate Workers.WebHome)

1. Major and Minor: In reference to inmate discipline, Major and Minor are disciplinary classifications, as defined in policy CG 07 Punitive Discipline.

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**CH 15_102 __REFERENCES__**

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1. Immigration and Customs Enforcement Standards:

11. 2000-17.

1. Utah Code:

11. 76-3-403.5

11. 76-3-406

1. Utah Sheriff's Association Jail Standards:

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11. J05.01.01: Written Prisoner Work Policies and Procedures Required

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11. J05.01.02: Content

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11. J05.02.01: Purpose

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11. J05.02.02: No Right to Work

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11. J05.02.03: Pretrial Detainees

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11. J05.02.04: Convicted Prisoners

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11. J05.02.05: Wages and Benefits for Prisoners

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11. J05.02.06: Worker Safety

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11. J05.02.07: Staffing

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11. J05.03.02: Access to Services

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**CH 15_103 __GENERAL__**

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1. Policy:

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11. Inmates may be permitted to participate in voluntary work programs but shall not have a right to participation in work programs. Participation of eligible inmates shall remain at the discretion of PCF staff.

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11. Supervising staff shall ensure that inmates understand their responsibilities as workers before they join a work program.

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11. Compensation may be received and may differ depending on the type of job assignment. The Sheriff or designee shall determine what, if any, wages or other compensation shall be provided for working inmates.

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11. Inmates should not be required to work involuntarily, except for general housekeeping. All inmates, including pretrial detainees, shall be required to perform general housekeeping duties such as cleaning their individual living areas.

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11. Work programs shall maintain high levels of safety and security through supervision and monitoring activities. In addition to the supervision and monitoring activities specified by each work program, all work programs shall allow for unscheduled, on-location security checks of all inmate participants.

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11. Inmate workers shall not be allowed access to employee office areas without direct supervision.

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11. Inmate workers shall not converse or interact with the public, except to inform them that they may not.

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11. Inmate workers shall not be permitted to use public or employee restrooms; however, they may be tasked to clean them. When cleaning public or employee restrooms, the inmate shall leave the entrance door wide open and place a notice or safety cone at the entrance doorway.

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11. Inmate workers should be allowed access to other PCF programs (e.g., recreation, visitation, etc.). However, they may be limited in their access to other PCF programs and services.

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11. ICE detainees shall not be permitted to participate in voluntary work programs outside the secure perimeter.

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11. Inmate work hours should not exceed 40 hours per week.

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11. Inmates shall receive safety equipment and training sufficient for their work assignments.

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1. Rationale:

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11. Involuntary servitude is prohibited by the Thirteenth Amendment to the U.S. Constitution, except as a punishment for convicted prisoners. Forcing an inmate to work may be considered punishment. Since pretrial detainees have not been convicted, they cannot be punished. The prohibition against punishment includes involuntary jail work assignments. However, the courts have recognized that inmates can be required to perform housekeeping functions such as cleaning their living areas. Since inmates cannot expect free housekeeping services in the free world, they should not expect such services while incarcerated in jail.

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11. Inmate work assignments may:

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111. Reduce idle time;

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111. Provide inmates an opportunity to work;

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111. Develop work habits; and

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111. Reduce maintenance, sanitation, food preparation, laundry, and other labor costs.

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11. Work programs allow inmates to acquire the means to repay their financial obligations (e.g., fines and fees).

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11. Work programs may be used as an incentive to encourage inmates to behave well in order to be eligible for participation.

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11. Work programs present special security risks (i.e., the inmates have few, if any, physical barriers to restrain them). These participants may be able to walk away from program locations if they choose to do so. Therefore, security and safety must remain high considerations as privileges are extended.

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**CH 15_104 __ELIGIBILITY__**

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1. Policy:

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11. An inmate should not be eligible to participate in any food services work assignment prior to receiving a screening and formal certification from Medical staff.

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11. An inmate shall not be eligible to participate in any exterior work program if:

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111. A current hold or other restrictive order is in place;

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111. A current bondable bail amount over $15,000 exists;

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11. All exterior inmate workers must be approved by the Chief Deputy or their designee.

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11. Inmates must agree to follow all provisions of the work program contract. Agreement must be received via written signature.

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1. Rationale:

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11. Eligibility requirements are necessary in order to maintain safety and security.

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11. Certain eligibility requirements are mandated by law.

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**CH 15_105 __NOTIFICATION__**

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1. Policy:

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11. A letter of notification shall be sent to the appropriate court upon an inmate's approval for participation in an exterior work program.

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1. Rationale:

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11. Although PCF may grant inmates release for work programs by law (within certain guidelines), informing the courts in advance allows the courts to object, if necessary.

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**CH 15_106 __TERMINATION__**

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1. Policy:

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11. If an inmate violates the terms or conditions of the work contract or violates the rules or regulations of PCF, sanctions may include:

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111. Termination of work privileges;

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111. Disciplinary action; and/or

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111. Criminal charges.

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11. If an inmate falls under the jurisdiction of another agency (e.g., UDC), such agency shall be notified, in writing, of all work and disciplinary violations.

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11. Work privileges may be revoked at any time, for any reason (including suspected violations) or for no reason.

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11. Termination of an inmate's work assignment shall be documented in the jail computer system.

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1. Rationale:

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11. Inmates do not have a right to participate in a work program.

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**CH 15_107 __WORKER SAFETY__**

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1. Policy:

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11. Jail officials should make reasonable efforts to provide a safe work environment for inmates.

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11. Jail officials shall not be deliberately indifferent to a working inmate's safety.

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1. Rationale:

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11. Inmates are committed to the care of jail officials.

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**CH 15_108 __COMMUNITY SERVICE__**

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1. Policy:

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11. Community Service is a work program for Level-4 thru Level-5 County Inmates that allows inmates to be released from the confines of PCF in order to work within the community as unpaid volunteers or as specified by a court order (i.e., not volunteer).

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11. Community Service projects shall be supervised by PCF staff or a non-PCF project manager as specified in the project contract.

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11. Approved inmate participants shall agree to and sign a work contract prior to participation in the program. Contracts shall specify requirements and details specific to the program including, but not limited to:

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111. Inmates shall participate only in specifically assigned work project(s);

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111. Inmates shall only travel to and from specifically assigned work project location(s). Travel shall be by the most direct route possible or as otherwise approved;

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111. Inmates shall be assigned a project supervisor. Participants shall report to the project supervisor immediately upon arrival at the project location; and

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111. Inmates shall report to and from projects on-time.

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11. PFS fees shall not be waived for Community Service participants.

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11. Community Service projects may be scheduled by the Community Service supervisor to aid any government or non-profit organization within Washington County. Requests for Community Service projects should be addressed to and received by the Community Service supervisor by the requesting organization on official letterhead. The Community Service supervisor shall be responsible for informing and receiving authorization from the Corrections Chief Deputy prior to scheduling any Community Service projects.

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11. The Community Service supervisor shall ensure that all project contracts are updated.

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11. With notice, a per day fee may be charged to the organization of benefit for the work performed based on:

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111. Officer wages (when a WCSO staff member provides supervision); and

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111. Ancillary costs such as transportation, equipment used (if provided by WCSO).

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11. Inmate participants must:

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111. Have less than twelve months of sentenced incarceration remaining;

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111. Be free of any Major disciplinary problems for at least sixty days; and

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111. Be free of any Minor disciplinary problems for at least thirty days.

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**CH 15_109 __WORK CREWS__**

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1. Policy:

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11. Work Crews is a work program for Level-4 thru Level-5 County Inmates and Level-5A State Inmates that allows inmates to be released from the confines of PCF in order to voluntarily work within the community as paid crew members, or as specified by a court order (i.e., not volunteer).

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11. Inmates shall receive wage payments from PCF at a rate of $0.65 per hour.

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11. Work Crews projects shall be supervised by certified PCF staff as specified in the project contract:

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11. Approved inmate participants shall agree to and sign a Work Crews contract prior to participation in the program. Work Crews contracts shall specify requirements and details specific to the program including, but not limited to:

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111. Inmates shall participate only in specifically assigned Work Crews project(s);

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111. Inmates shall be transported to and from projects by WCSO staff and shall not be permitted to leave work sites; unless pre-authorized to do so by the Work Crews supervisor; and

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111. Inmate meals will be provided by the WCSO and sent with the inmate when transported from PCF.

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11. PFS fees shall not be waived for Work Crews participants.

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11. Work Crews projects may be scheduled by the Work Crews supervisor to aid any government or non-profit organization within Washington County. Requests for Work Crews projects should be addressed to and received by the Work Crews supervisor by the requesting organization on official letterhead. The Work Crews supervisor shall be responsible for informing and receiving authorization from the Corrections Chief Deputy prior to scheduling any Work Crews projects.

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11. The Work Crews supervisor shall ensure that all project contracts are updated.

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11. With notice, a per day fee may be charged to the organization of benefit for the work performed based on:

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111. Officer wages (when a WCSO staff member provides supervision); and

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111. Ancillary costs such as transportation, equipment used (if provided by WCSO).

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11. Participants must:

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111. Have less than twenty-four months of sentenced incarceration remaining;

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111. Be free of any Major disciplinary problems for at least thirty days; and

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111. Be free of any Minor disciplinary problems for at least thirty days.

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**CH 15_110 __WORK RELEASE__**

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1. Policy:

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11. Work Release is a work program for Level-5 County Inmates and Outside County Contract Inmates that allows inmates to be released from the confines of PCF in order to voluntarily work within the community.

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11. Approved inmate participants shall agree to and sign a Work Release contract prior to participation in the program. Work Release contracts shall specify requirements and details specific to the program including, but not limited to:

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111. Inmates shall be responsible for acquiring their employment;

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111. Inmates may receive, but are not guaranteed, temporary release privileges in order to obtain employment. Days, times, and durations of release shall be limited to a pre-arranged plan and shall be subject to the Work Release supervisor's discretion;

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111. Inmates shall be responsible for their own transportation;

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111. Inmates shall travel only to and from work. Travel shall be by the most direct route possible, or as otherwise approved; and

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111. Inmates shall be responsible for arriving to work and returning to PCF on-time.

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11. PFS fees shall not be waived for County Inmates. Outside County Contract Inmates shall be assessed contract fees in lieu of the PFS housing fees at the rate of $50 per day Monday-Friday and $100 per day Saturday and Sunday.

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11. Participants must:

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111. Have less than eight months of sentenced incarceration remaining;

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111. Be free of any Major disciplinary problems for at least ninety days;

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111. Be free of any Minor disciplinary problems for at least sixty days; and

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11. Inmates should be required to complete a minimum of thirty days of active participation in Community Service prior to participating in Work Release.

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**CH 15_111 __JIVE__**

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The PCF JIVE work program has been discontinued.

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**CH 15_112 __HOME-BASED ELECTRONIC MONITORING__**

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Reference policy: CF 08 Special Releases.

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