Putting Inmates to Work:Everyone Can Benefit (when you do it right)

A presentation to the National Sheriffs’ Association

Seattle, Washington June 2004

Jill Will, Executive Director Rod Miller, Director

Washington State Jail Industries Board BJA Jail Work and Industry Center

This presentation, and other resources, are available at:

www.jailwork.com

Objectives:

•Identify your potential to expand use of inmate labor

•Classify types of work/industries by location and customer

•Examine range of work/industry practices nationally

•Identify regulations that apply to some private customers

• Explore partnerships to expand use of inmate labor

•Identify effective strategies and resources

Feeling a bit constrained by your budget?

Does the future look any brighter?

Wish you could make better use of idle inmates, but worried about opposition?

Are you alone?

Changes in the jail setting?

Crowding and condition of facilities?

Type of inmate?

What are your current practices?

Number of inmates working

How inmates are “compensated”

Who benefits from inmate labor—

(who are your “customers?)

Do customers pay?

What’s holding you back?

Why aren’t more inmates working in your jail?

Classifying Inmate Labor

Two major characteristics are a starting point for describing your practices

Where work occurs

Who is served (the type of customer)

Charting Inmate Work

Where

Who

Self

Other Gov’t

Within Co.

Other Co.

Or State

Non-

ProfitPrivate

Sector

Away

Near

Inside

Housing/

Dayroom

What’s going on out there?

Some case studies of various types of inmate work and industry programs

Riparian EnhancementIn the community, public customer (state)

Riparian…

Riparian….

Whatcom CountyIn the community.

Whatcom…

Miami-Dade Habitat for Humanity

El Paso County, Colorado

Gateway

Program

In the community,

Public and private customers

Utah County, Utah

In the community.

Inmates work for private companies,

not individually as in work release,

but as a group.

Sheriff pays inmates, customers pay

sheriff.

CAN THEY DO THAT?

Clark County, Washington

Clark…

Clark…

Clark…

Hampden County, Mass.

Maint. workers – painting, grounds keeping, general repairs, etc.

Gym workers – general clean up, set up equip. special events, etc.

York Street Industries –

Manufacturing of mattresses and pillows,

Hygiene kits

Secretarial chairs

Full line of upholstery services---

, gym wall pads, auditorium seats, office chairs, furniture repair and refinishing.

Hampden, continued

Outside maintenance – Town of Ludlow – Grounds keeping, snow removal, upkeep of roadway to jail

Community Service Restitution – Non-profit agencies – Highway litter crews, graffiti removal, Habitat for Humanity, clean vacant lots and

playgrounds, board and seal crack houses, etc.

Kitchen – Outside Jail – meal preparation, service, dishwashing, cleanup.

Warehouse – Outside Jail – load and unload trucks, fill stock shelves, fill facility orders.

Automotive shop – Outside Jail – assist with maintenance of departmental vehicles, oil changes, washing vehicles.

Inmate Barber – haircuts

Inmate library worker – assist with cataloging, issuing and distributing books.

Hampden Hygiene Kits

Hampden Reupholstery

Hampden Sewing Operations

Arapahoe County, Colorado

Public and private customers Fulfillment services (no products to the

private sector… federal laws) Production takes place in dayroom! Expanding into more industry space inside

the secure perimeter Certification, job connections

Montgomery County, Maryland

Baked goods program

Job Shop- bulk mail, assembly work, photocopying, misc. labor-intensive

jobs

Digital Imaging

MCDC Dayroom

MC Indigent Kits

MCDC School Kits

MCDC Screening new projects

Peumansend Creek Regional Jail, VA

Embroidery – Gov. or non-profit – embroidery logo on shirts, hats, jackets, etc.

Silkscreen–Gov/ non-profit–silkscreen shirts, etc.

Repair Shoes – Va. DOC – resole inmates shoes.

Printing – Self and a few cities/counties – print forms and letterhead

Work Crews – cities and colleges – cut grass, paint, clean dorms, moving furniture.

Farm Work – Self – Grow food for the jail.

CONGRESS Regulates the Interstate Commerce of Prisoner-Made Goods

The Federal Criminal Statute: Title 18 of the U.S. Code Section 1761 (c). Enacted as prohibition in 1935; exception created in 1979 as PIECP.

The BJA Final PIECP Guideline (published in the Federal Register on April 7, 1999).

Statute & Guideline for PIECP Statute & Guideline for PIECP

The Criminal Prohibition:Title 18 USC 1761(a)

Sanctions the knowing transport, in interstate

commerce, of prisoner-made goods. When

enacted, statute was intended to:

Protect free world workforce from displacement due to prisoner labor; and

Stem unfair market advantage enjoyed by prison industries over private sector producers of like goods.

Statute & Guideline for PIECP Statute & Guideline for PIECP

When PIECP was enacted in 1979:

Congress remained responsive to concerns of labor and private sector competition.

But, Congress also wanted limited de-regulation to address jail/prison management needs and to train growing inmates populations in marketable job skills.

Statute & Guideline for PIECP Statute & Guideline for PIECP

Mandatory Requirements: Aimed at Addressing Concerns of Labor and Private Sector

Guideline: Nine Core Requirements Guideline: Nine Core Requirements

1. Eligibility. A county can apply for its own certificate, or it could “share” the State DOC certificate, if DOC consents.

2. Inmate-workers must be paid the prevailing wage for similar work in the local community.

3. Non-inmate workers in the community cannot be displaced.

4. There must be provisions for certain benefits, such as workers compensation coverage.

5. There are limits on the types and proportion of deductions that can be made from inmate wages.

6. The program must comply with environmental regulations (NEPA).

7. Inmates participation must be voluntary.

8. The program must consult with local labor and business organizations before starting new projects.

Practical Results: Model DifferencesPractical Results: Model Differences

EMPLOYER Model: Private company PIECP partner manages correctional industry operation onsite, including payroll.

CUSTOMER Model: Correctional industry agency manages PIECP operation onsite, including payroll. Private company fulfills customer role only. MOST JAILS ARE CUSTOMER MODELS!

Two primary ways to organize private

programs

PIECP authorizing statute mandates the Director of the Bureau of Justice Assistance to administer the Prison Industry Enhancement Certification Program

• BJA grants PIECP Certification.• BJA monitors PIECP Certificate BJA monitors PIECP Certificate

Holders and requires corrective Holders and requires corrective action be implemented when non-action be implemented when non-compliance is identified.compliance is identified.

• BJA may suspend or terminate PIECP designation authority or project participation for non-compliance.

• BJA provides legal and policy BJA provides legal and policy direction to PIECP Certificate direction to PIECP Certificate Holders. Holders.

BJA Administration & Oversight BJA Administration & Oversight

BJA

Accounting for the Value of Inmate Labor

Method

Of “Payment”

FULLVALUE

DIS-COUNTED

VALUE

Expenses Just Plain Free

CASH

CREDIT

Cost Avoidance

FEE BASIS

Stable

Unstable

It’s not just government that is feeling the pinch…

PARTNERSHIPS

Some potential partners—

•Your own agency

•Other agencies within the county

•Local communities

•Other counties

•The State

•Federal/National

•International

Public sector

Non-profit

Private Sector

Washington State Jail Industries Board

Statewide Networking

Counties to State

* Cowlitz County, WA

Counties to Other Partners* Snohomish County

Yakima County, Washington

Yakima…

Texas PIE Legislation

A unique partnership between—

State and local corrections

Adult and juvenile systems

Private sector customers

Sharing a PIE certificate

Utah County, Utah

Initially partnered with the state department of corrections to gain access to federal PIE certification

Eventually secured its own certificate, allowing it to continue relationships with private customers in the local community

Be a good neighbor….

Identify public and non-profit entities in your area that have similar interests, needs, and markets.

Sheltered workshops and similar programs for the disabled have become partners with some jails (at best) but can be unknowingly hurt by competition form the jail if you are not careful.

Partnerships in New Jersey

• Sussex Co.

• Camden Co.

• Ocean Co.

• Monmouth Co.

• Gloucester Co.

National Institute of CorrectionsOffice of Correctional Job Training and

Placement

Re-Entry and Employment

For Jail Industries

A new set of partners to help inmates succeed upon release… for all the right reasons.

Selecting new work and industry projects and customers—

A Balancing Act……

Potential Impact on

Benefits the Community

Foundation Decisions: 

Franklin County Inmate Workforce 

     

 

Developed by: 

Franklin County Jail Industries Advisory Board  

December 2003    

Chambersburg, PA 17201-3091 

FOUNDATION DECISIONS 1 Identify Source(s) of Guidance and Policy  2 Determine Goals and Objectives for an Industry Program 3 Determine What Is Allowed by State/Federal Law and

What Standards/Regulations Apply 4 Determine Who Should Be Served (public vs. private) 5 Determine Types of Inmates Available to Work, and

How They Will be Selected 6 Determine Methods for Motivating Inmates (pay/no pay)  7 Determine Where Work Can Occur (inside/outside)  8 Identify Sources of Assistance (Resources) 

Franklin Foundation Ceremony

Franklin County Advisory Board Members

John Boozer, Franklin Advisor/Chambersburg Chamber of Commerce Larry Bricker, Principal, Waynesboro Middle School Carol Burns, Deputy Warden of Records, Franklin County Prison Samuel Cressler, Southampton Township Supervisor David Flaig, Pennsylvania Correctional Industries John Eyler, Assistant Warden, Franklin County Prison Sean Fitzgerald, Public Defender’s Office Mike Hardsock, Correctional Officer/Union Representative John Hart, County Administrator/Chief Clerk, Franklin County Commissioner’s Office Douglas Herman, Judge, Pennsylvania Court of Common Pleas Michael Jamison, Executive Director, Occupational Services Incorporated Dr. James Jengeleski, Professor, Shippensburg University Evette Jones, Correctional Educator, Manito, Inc. Kelly Livermore, Assistant County Administrator, Franklin County Commissioner’s

Officer

Loretta McClure, Risk Manager, Franklin County Richard Mertz, Chief Probation Officer, Franklin County Adult Probation and Parole Tony Metz, Human Resources Director, T.B. Woods/Chambersburg Chamber of

Commerce John Nelson, District Attorney, Franklin County Becky Nicklas, Legislative Assistant, Representative Jeff Coy John Rauch, United Methodist Church/Yokefellow Prison Ministries/Penn. Prison Society Carol Redding, Attorney, Redding Law Offices Russell Rouzer, Deputy Warden of Operation, Franklin County Prison Alecha Sanbower, Program Planner, Franklin County Criminal Justice Advisory Board Sandy Small, Attorney, F & M Trust Dr. Ron Swope, The Penn State University, Mont Alto Campus Eric J. Weisbrod, Attorney, American Bar Association John Wetzel, Warden, Franklin County Prison Johnette W. Wolfe, Deputy Warden of Treatment, Franklin County Prison Robert Wollyung, Sheriff, Franklin County

CHAMBER OF COMMERCE

CORRECTIONS

HUMAN SERVICES

PRIVATE SECTOR

EDUCATION

COMMUNITY REPS.

LEGASLATIVE

EMPLOYMENT SECURITY

DRUG & ALCAHOL

PROBATIONLEGAL

COMMISSIONERS

STRAFFORD COUNTY INDUSTRIESADVISORY BOARD

“STRENGTH IN DIVERSITY”

COMMISIONER RON CHAGNON

COMMISIONER GEORGE MAGLARAS

COMMISSIONER CAL SCHROEDER

CAPTAIN BIRD - STRAFFORD COUNTY D.O.C.

MARILYN ALLEN – INDUSTRY DIRECTOR D.O.C.

RICHARD ALLEN - CHIEF PROBATION OFFICER

VICKI HEYL – PROGRAM DIRECTOR D.O.C.

WARREN DOWALIBY – SUPERINTENDENT D.O.C.

ATTORNEY EDWARD T. CLANCY

JAKE COLLINS – EDUCATION DIRECTOR D.O.C.

MINNETT INDUISI – SOMERSWORTH VOCATIONAL CENTER

REPRESENTATIVE WILLIAM KNOWLES

THOMAS LINEHAN – STRAFFORD COUNTY EXTENSION EDUCATOR

LOUISE FOURNIER – HUMAN SERVICES

BETINA GAUERKE – SOUTHEASTERN ALCOHOL & DRUG TREATMENT SVCS.

RAY MCGARTY – SOUTHEASTERN ALCOHOL & DRUG TREATMENT SVCS.

JIM LEDUC - COMMUNITY REP.

EARLE GOODWIN – GOODWIN SUPPLY

STEVE KIRSCH – PRECISION ASSEMBLY

WILLIAM CRAY – VETERANS OUTREACH SPECIALIST

LEONARD CAMPBELL – CATHOLIC CHARITIES

JULIEN OLIVIER – VOLUNTEER CHAPLIN

REPRESENTATIVE - ROCHESTER CHAMBER OF COMMERCE

RAY BOWER – EXECUTIVE DIRECTOR OF COMMISSIONERS

HELP! (?)

www.jailwork.com Or www.correction.org

This presentation, and other resources will be available at:

www.jailwork.com

www.correction.org

Why Focus on Re-Entry?

Re-Entry is a local and state issue Cost to state and county government of

incarceration Impact on Community Impact on Next Generation

Examples of Jails Who Have Reached Out

Montgomery County Hennepin County King County

WHY?

You are a community member You are a tax payer Employment is a form of crime prevention More tax revenue PUBLIC SAFETY!

Goal of the Workforce Investment System

To increase the employment, retention, and

earnings of customers, and increase occupational

skill attainment by customers. As a result, improve

the quality of the workforce, reduce dependency on

public assistance, and enhance the productivity

and competitiveness of business partners.

Funding Streams

Department of LaborSeparate Funding Streams distributed by

formula to State and Local Areas

DislocatedWorkers

60%Dislocated Workers

15% Statewide Activities

25%State Rapid Response

activities

Adults

85%Allocated to local areas

15% Statewide Activities

Youth

85%Allocated to local areas

15% Statewide Activities

Required One-Stop Partners Adult, Dislocated Worker, and Youth Activities under WIA Employment Service Adult Education under WIA Postsecondary Vocational Education under Perkins Vocational Rehabilitation under WIA Welfare-to-Work Title V of Older Americans Act Trade Adjustment Assistance NAFTA-TAA Veterans Employment and Training Programs Community Services Block Grant HUD-Administered Employment and Training Programs Unemployment Insurance

Local Board and Local Elected Official may approve participation of other programs