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.

69

70

**CH 15_102 __REFERENCES__**

71

72

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:

78

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

79

11. J05.01.02: Content

80

11. J05.02.01: Purpose

81

11. J05.02.02: No Right to Work

82

11. J05.02.03: Pretrial Detainees

83

11. J05.02.04: Convicted Prisoners

84

11. J05.02.05: Wages and Benefits for Prisoners

85

11. J05.02.06: Worker Safety

86

11. J05.02.07: Staffing

87

11. J05.03.02: Access to Services

88

89

**CH 15_103 __GENERAL__**

90

91

1. Policy:

92

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.

93

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

94

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.

95

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.

96

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.

97

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

98

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

99

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.

100

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.

101

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

102

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

103

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

104

1. Rationale:

105

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.

106

11. Inmate work assignments may:

107

111. Reduce idle time;

108

111. Provide inmates an opportunity to work;

109

111. Develop work habits; and

110

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

111

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

112

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

113

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.

114

115

**CH 15_104 __ELIGIBILITY__**

116

117

1. Policy:

118

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.

119

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

120

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

121

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

122

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

123

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

124

1. Rationale:

125

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

126

11. Certain eligibility requirements are mandated by law.

127

128

**CH 15_105 __TERMINATION__**

1. Policy:

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

134

111. Termination of work privileges;

135

111. Disciplinary action; and/or

136

111. Criminal charges.

137

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.

138

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

139

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

140

1. Rationale:

141

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

142

143

**CH 15_106 __WORKER SAFETY__**

144

145

1. Policy:

146

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

147

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

148

1. Rationale:

149

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

150

151

**CH 15_107 __COMMUNITY SERVICE__**

152

153

1. Policy:

154

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).

155

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

156

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:

157

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

158

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;

159

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

160

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

161

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.

162

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

163

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

164

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

165

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

166

11. Inmate participants must:

167

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

168

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

169

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

170

171

**CH 15_108 __WORK CREWS__**

172

173

1. Policy:

174

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).

175

11. Inmates shall receive wage payments from PCF at a rate of $0.85 per hour.

176

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

177

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:

178

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

179

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

180

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

181

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.

182

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

183

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

184

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

185

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

186

11. Participants must:

187

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