CHAPTER: 900
INMATE PROGRAMS AND SERVICES


OPR:


OPS
PS

SS

DEPARTMENT ORDER MANUAL

DEPARTMENT ORDER: 903

INMATE WORK ACTIVITIES

SUPERSEDES:
DO 903 (09/09/96)

DO 713 (10/15/04)

DI 142 (04/28/00)

EFFECTIVE DATE:
APRIL 21, 2008

TABLE OF CONTENTS

  PURPOSE
  PROCEDURES
903.01 INMATE WORK PROGRAMS
903.02 INMATE WORK INCENTIVE PAY PLAN (WIPP)
903.03 WORK ASSIGNMENT PROCESS
903.04 MINIMUM CRITERIA FOR ASSIGNMENT – INTERNAL RISK / CUSTODY LEVEL
903.05 ARIZONA CORRECTIONAL INDUSTRIES (ACI) ASSIGNMENTS AND PAY
903.06 WORK ASSIGNMENT EVALUATIONS
903.07 SAFETY REQUIREMENTS
903.08 CONTRACTUAL REQUIREMENTS FOR UTILIZING INMATE WORKERS
  IMPLEMENTATION
DEFINITIONS
  AUTHORITY
  ATTACHMENT

PURPOSE

 

This Department Order establishes criteria and procedures that ensure the lawful, safe and secure operation of Department and inmate work programs, in accordance with sound correctional practice. This Department Order further establishes consistent administration of the Work Incentive Pay Plan (WIPP). Additionally, it reinforces the Arizona Plan, in which all inmates prepare throughout their sentence for re-entry by acquiring and problem solving essential to citizenship. These skills also include literacy, employability and sobriety to succeed in the world of work and personal and familial skills to succeed in other facets of their lives. Work opportunities are provided in settings as much like the real world as possible to provide inmates with every opportunity to practically apply newly acquired skills throughout their incarceration.

PROCEDURES

903.01 INMATE WORK PROGRAMS - An inmate is not excluded from a work assignments based on their mental health status if the inmate is taking medication that stabilizes them, the inmate is stabilized and otherwise eligible for the position.

1.1    Inmate Work Programs include:

1.1.1    Labor program subject to WIPP scale, pursuant to A.R.S. 31-254

1.1.2    Arizona Correctional Industries (ACI)

1.1.3    Inter-Governmental Agreements (IGA)

1.1.4    Education, Treatment, and Work Based Education (WBE) programs

1.1.5    Cottage Industries

1.2    Wardens, Deputy Wardens and Administrators shall ensure that:

1.2.1    Meaningful work opportunities are offered to 100% of all able inmates consistent with available resources.

 

1.2.2    Individual inmate work assignments are based on 5x5 assessments of risk and needs and comply with the minimum eligibility criteria established in this Department Order.

 

1.2.3    Inmate labor is available for facility construction, improvement and maintenance.

 

1.2.4    Inmate labor is available for approved public works projects.

 

1.2.5    The Duty/Special Needs Order, Form 1101-60, is completed in accordance with Department Order #1104, Inmate Health Records, for any inmates who has work limitations.

 

1.2.6    Inmates shall not be assigned to more than one full-time equivalent paid job.

 

1.2.7    Inmates should not work more than 40 hours per week, usually six to eight hours per day. The Division Director of Offender Operations must authorize any exceptions. Inmates assigned to Wildland Fire Crews are exempt from this requirement and may work in excess of 40 hours per week.

 

1.2.8    Monthly Evaluation ratings of inmates for the previous month are entered in Adult Inmate Management System (AIMS) for each inmate Work program listed in 1.1 of this section, by the 15th day of each month.

 

1.3    Work program supervisors shall maintain accurate, written attendance logs, time sheets, work evaluations, etc.

 

1.4    In order to prepare inmates for re-entry by acquiring the work skills and habits needed to successfully integrate into the community upon release, each work assignment’s wages shall be aligned with the most appropriate U.S. Labor Dictionary of Title (DOT) code. See 903-Inmate Labor Technical Manual for a complete listing.

 

1.5    Inmates are compensated for actual hours worked in accordance with the WIPP formula and the objective WIPP pay scale. Inmates shall be compensated an hour's pay for an hour's work and shall not be paid for time not at their work assignments.

 

1.6    Inform the appropriate security staff of the absence of any inmate assigned and the reason for such absence. This notification shall be made in advance when possible.

 

1.7    A racial balance and integrated work crews shall be maintained.

 

1.8    Disciplinary Process - An inmate charged with an alleged institutional rule violation, and/or placed in administrative investigative status for more than five work days may be suspended from the assignment.

 

1.8.1    Upon completion of the process the WIPP Coordinator shall review the suspension.

 

1.8.2    The WIPP Coordinator shall determine to either reinstate or terminate the inmate from the assigned position.

 

903.02    INMATE WORK INCENTIVE PAY PLAN (WIPP).

1.1    The Division Director for Offender Operations shall allocate and audit WIPP funds on a quarterly basis.

 

1.2    Wardens, Deputy Wardens and Administrators shall ensure that:

 

1.2.1    WIPP payrolls do not exceed budgeted levels. Certain assignments (including WBE, Recreation Aide, Library Aide, Education Aide, Chaplain Aide) may be eligible to utilize Inmate Activities and Recreation (A & R) fund if it can be determined the assignment directly benefits the education and welfare of inmates. In the event of budget shortfalls, a reduction in inmate pay shall be imposed in lieu of a reduction in workforce.

 

1.2.2    Driving While Intoxicated (DWI) inmates working at Department jobs, paid with Department funds, shall be compensated under WIPP using the WIPP pay scale, however 67% of each DWI inmate's hourly WIPP wage shall be deposited into the Alcohol Abuse Treatment Fund.

 

1.3    Inmate pay rates are objective and are based on the inmate's Earned Incentive Program phase level, work assignment skill level, and any pay modification criteria that may apply.

 

1.3.1    An inmate's pay rate shall remain 10 cents per hour until functional literacy is earned (or exempted), regardless of any performance milestones (e.g., completing program, receiving exceeds ratings) reached.

 

1.3.1.1    Once the inmate meets the functional literacy requirement, the inmate may advance to pay base pay and may not have any performance enhancements added until such time the inmate earns the GED.

 

1.3.1.2    Inmates with a GED or High School diploma, who are enrolled in WBE programs shall earn 15 cents per hour in the WBE program.

 

1.3.2    Completed Work Program

 

1.3.2.1    Based upon available funds, inmates may receive a five-cent pay increase to the first work program completed only if the inmate has:

 

1.3.2.1.1    Met the GED requirement.

 

1.3.2.1.2    Has not refused or been removed from a work or self-improvement program.

 

1.3.2.1.3    Has not refused or been removed from a self-improvement program.

 

1.3.2.2    Work Programs include GED.

 

1.3.3    Program Refusal – Any inmate who refuses to attend a Work or Self Improvement program included in their Corrections Plan after being offered the opportunity to participate shall remain in Phase I at base pay until such time the inmate subsequently enrolled and satisfactorily completes the program. Refusals shall be documented in writing using the Change of Status form. This form shall be filed in the inmate record and entered on the DI83 AIMS screen.

 

1.3.4    Removed From Program – An inmate who is enrolled in a Work or Self Improvement program included in their Corrections Plan and subsequently is removed for cause shall remain in Phase I at base pay until such time that the inmate is subsequently enrolled and satisfactorily completes the program. Removals shall be documented in writing using the Change of Status form. This form shall be filed in the inmate record and entered on the DI83 AIMS screen. See Department Order #910, Inmate Education and Resource Center Services.

 

1.3.5    An inmate shall not advance from base pay until all refused or removed programs are subsequently completed.

 

1.3.6    Work day Programs Evaluation

 

1.3.6.1    Exceeds ratings for six consecutive months – An inmate may receive a five cent pay increase, subject to funds availability, if the inmate has:

 

1.3.6.1.1    Achieved an overall "exceeds" rating, including no "unsatisfactory" ratings, for the past 12 months.

 

1.3.6.1.2    Has not refused or been removed from a work or self-improvement program.

 

1.6.3.2    Unsatisfactory rating during past 90 days - If an inmate receives any "unsatisfactory rating" the inmate’s pay shall be set at the base rate for 90 days and any pay enhancements shall be voided.

 

1.3.7    Inmates, who have an assignment as of the date the automated pay scale is implemented, will maintain their pay rate until such time as one of the conditions below is met. At that time the automated pay scale will be effected based on the applicable objective criteria:

1.3.7.1    The inmate is reassigned from the current assignment.

 

1.3.7.2    After one year from the implementation date, the inmate has not earned a GED.

 

WIPP PAY SCALE

Table 1: Basic Pay Scale - WIPP

 

 

Not

Met

F Lit

Phase I

Phase II

Phase III

Work Skill Levels

Base Pay

Max

Base Bay

Max

Base Pay

Max

Unskilled

.10

.15

.25

.20

.30

.25

.40

Semi-skilled

.10

.15

.25

.25

.35

.30

.45

Skilled

.10

.15

.25

.30

.40

.35

.50

 

Note: An inmate who is verified to have earned a high school diploma or GED prior to admission to the Department and, who does not have a functionally literacy mandate, shall have a five cent additive to the base pay rate.

Table 2: Incentive Pay Modifications to Basic Pay Scale – WIPP & ACI

 

Pay Modification Criteria

All Phases

Completed GED

+.05

Refused or Removed from a program

Base pay only

Evaluation Ratings (work and/or program) – Exceeds (overall) for 12 consecutive months

+.05

Evaluation Ratings (work and/or program) – Unsatisfactory (one or more) during past 90 days

Base pay 90 days

 

 

1.4    Work supervisors shall certify that the time recorded is actual time worked. Inmates shall not process time sheets.

 

1.5    The following criteria apply only to inmates incarcerated on or after January 1, 1994.

 

1.5.1    Inmates designated as functionally illiterate as outlined in Department Order #910, Inmate Education and Resource Center Services, shall be paid the lowest wage in a pay grade for the work performed, regardless of earned incentive phase level or performance pay enhancement criteria met, until the applicable Department literacy standard is met.

 

1.5.2    Inmates initially designated as functionally illiterate, upon meeting the applicable Department literacy standard, shall be authorized to receive any applicable wage increases or performance pay enhancements.

 

1.5.3    Functionally illiterate inmates who are designated as having an exemption condition as outlined in Department Order #910, shall be exempt from the noted above sections.

903.03     WORK PROGRAM ASSIGNMENT PROCESS

1.1    Upon assignment into a permanent housing location after Reception or from another permanent facility, a staff member shall document the inmate’s work skills and employment history using the Inmate Employment and Work Skills History, Form 903-8, and on the appropriate AIMS screens.

 

1.1.1    The WIPP Coordinator assigns inmate to:

 

1.1.1.1    Labor program subject to WIPP scale, pursuant to A.R.S. 31-254

 

1.1.1.2    Arizona Correctional Industries (ACI)

 

1.1.1.3    Inter-Governmental Agreements (IGA)

 

1.1.2    The Correctional Officer (CO) III assigns inmates to Education, Treatment and Work Based Education (WBE) programs in accordance with the inmate’s individual Corrections Plan, the applicable facility priority ranking report(s) and actual vacancies in work assignments.

 

1.1.3    The WIPP Coordinator shall assess the inmate’s work history and skill level and then assign the inmate to work activities as outlined in 1.1.1 of this section in accordance with the inmate’s individual Corrections Plan, the applicable facility priority ranking report(s) and actual vacancies in work assignments.

 

1.1.3.1    The WIPP Coordinator may assign more inmates than the designed capacity to work assignments only to the extent necessary to cover temporary absences, such as turnouts.

 

1.1.4    The WIPP Coordinator and CO III shall document all of their assignments in AIMS.

 

1.1.5    An inmate shall not be assigned to a work program unless the inmate has a legitimate opportunity to regularly participate in the assignment. If there are no such assignments available for an inmate, the inmate shall not be assigned and shall be documented as "unassigned" on AIMS until such time that a legitimate work program opportunity is available.

 

1.2    Work program vacancies shall be filled using "real world" recruitment techniques, including:

 

1.2.1    Job Announcements.

 

1.2.2    Job Applications and Resumes.

 

1.2.3    Interviews/Examinations.

 

1.3    Education, Treatment and WBE program vacancies shall be filled using applicable facility priority ranking report(s) and in keeping with individual Corrections Plans.

 

1.3.1    Those inmates assigned to academic education program, work based education courses, substance abuse treatment, sex offender education and treatment on a part time basis, three to four hours per day and 15 to 20 hours a week, may also hold a part time WIPP position, three to four hours per day and 15 to 20 hours per week.

 

1.3.2    The total of both part time assignments may not exceed 40 hours per week.

 

1.4    Work program supervisors shall not assign or reassign inmates.

 

1.4.1    Only the WIPP Coordinator or designee is authorized to assign or reassign inmates from Work program assignments.

 

1.4.2    A supervisor may initiate work program assignment changes by submitting a written recommendation to the WIPP Coordinator or designee for consideration based upon:

 

1.4.2.1    Inmates’ Requests - Inmates are expected to perform satisfactorily at their given assignment. No inmate who is assigned to a work program will be changed because the inmate is dissatisfied with pay, the job itself, the supervisor(s), or other inmates. Thus, the supervisor should rarely initiate a change and then only if an inmate has performed satisfactorily for at least six months and where another inmate can be assigned to satisfactorily perform the work function.

 

1.4.2.2    Poor Performance - The work supervisor shall make efforts to instill inmates with appropriate work habits and attitudes. The supervisor shall make efforts to improve inmate deficiencies over a period of least three or more consecutive months of unsatisfactory ratings before initiating an assignment request change.

 

1.4.2.3    Disruptive Behavior – An inmate is expected to interact in a civil manner with the supervisor and other inmates. If an inmate’s behavior is so disruptive as to compromise the supervisor’s ability to manage the work program environment effectively, the supervisor may initiate an assignment change. Changes under these circumstances shall require a disciplinary report that documents the disruptive actions as well as an "unsatisfactory" evaluation rating.

 

1.4.2.4    Security Threat - If an inmate is determined to be a threat to the security or order of the institution if left in the current assignment, the supervisor shall notify the Chief of Security and provide the rationale in an Information Report. The Chief of Security shall ensure the case is investigated and, if it is determined a legitimate security threat exists, the WIPP Coordinator shall be notified to change the inmate’s assignment.

 

1.4.2.5    Institutional Needs - The WIPP Coordinator may reassign an inmate unilaterally based on specific needs of the institution or other reasons indicating the reassignment is in the best interest of the Department.

 

1.4.2.6    Work Program Refusal – An inmate is assigned to a work program or assigned activity included in the inmate’s individualized Corrections Plan refuses to participate.

 

1.4.2.7    Work Program Completion – An inmate completes the requirements of a mandatory work program and may be reassigned to another work program.

 

1.5    Hiring Process for ACI Owned and Operated Industries

 

1.5.1    The ACI Manager shall determine openings in the various job classifications and communicating vacancies to the WIPP Coordinator.

 

1.5.2    The ACI Manager will notify the unit WIPP Coordinator prior to the projected vacancy whenever possible and provide the following information.

 

1.5.2.1    Specific position(s)

 

1.5.2.2    Rate of pay

 

1.5.2.3    Shift

 

1.5.2.4    Minimum qualifications

 

1.5.2.5    Specific job duties.

 

1.5.3    The unit WIPP Coordinator will post these job openings on the bulletin boards to the general population for a period of five work days.

 

1.5.4    Interested inmates shall submit a completed Inmate Application for Program Change, Form 903-5, to the WIPP Coordinator prior to the closing date.

 

1.5.5    The WIPP Coordinator shall review the applications and screen them with regard to the following minimum qualifications criteria:

 

1.5.5.1    Education level – GED or high school diploma.

 

1.5.5.2    Work Evaluation Ratings – At least satisfactory overall during the last 12 months.

 

1.5.5.3    Disciplinary Record - The inmate shall have no minor disciplinary offenses/convictions in the last three months, and no major conviction in the last six months.

 

1.5.5.4    Current Program/Education/Institutional status shall not conflict with work schedules.

 

1.5.5.5    No refusal or removal from a mandatory work or self-improvement program or assigned activity included in the inmate’s individualized Corrections Plan during current incarceration.

 

1.6    The work supervisor shall complete work evaluations each month for every inmate and pay increases awarded as outlined in this Department Order.

 

903.04     MINIMUM CRITERIA FOR ASSIGNMENT – INTERNAL RISK LEVEL AND CUSTODY LEVEL

1.1    Inmates are eligible for consideration of placement in a work assignment based on their internal risk (IR) level and their custody level based upon the classification criteria. A complete listings of work assignments and associated eligibility information are included in the Levels of Supervision technical manual. Work assignments shall be determined as follow:

 

1.1.1    Maximum Custody – Placement by special assessment only, regardless of the inmate’s internal risk level.

 

1.1.2    Close and Medium Custody.

 

1.1.2.1    IR 4 - Limited potential assignments such as Building Porter, Groundskeeper, etc. See 903-Technical Manual for complete list.

 

1.1.2.2    IR 3 - Eligible for an IR4 assignment. Also, eligible for other assignments such as Aides, Kitchen workers, and selected ACI and maintenance jobs. See 903-Technical Manual for complete list.

 

1.1.2.3    IR 2 and IR 1- Eligible for any IR4 and IR3 assignments. Also, eligible for other assignments such as Clerks and selected ACI and maintenance jobs. See 903-Technical Manual for complete list.

 

1.1.3    Minimum Custody.

 

1.1.3.1    IR 4 - Any assignment within the facility perimeter, and shall not be assigned a job outside the facility’s perimeter (e.g., cannot work on a complex perimeter assignment).

 

1.1.3.2    IR 3 - In addition to inside facility perimeter assignments, inmates may work outside the facility perimeter but on complex grounds only. See the 903-Technical Manual for specific jobs. Additional non-discretionary criteria for minimum custody for IR 3 inmates only includes:

 

1.1.3.2.1    Use of weapon during the commission of crimes included in the inmate’s current conviction(s).

 

1.1.3.2.2    Current or prior conviction for murder or attempted murder.

 

1.1.3.2.3    Current or prior conviction for kidnapping or attempted kidnapping.

 

1.1.3.2.4    Arrest, but no conviction, for a felony sex offense.

 

1.1.3.3    IR 2 - In addition to being eligible for IR4 and IR3 assignments, these inmates may be assigned to any assignment outside institutional grounds that is supervised by Department or Contract Beds staff. These assignments may include Arizona Department of Transportation (ADOT), Intergovernmental Agreement (IGA), or other authorized work crews where the Department's response time is within 60 minutes (this timeframe does not apply to Wildland Fire Crews). See the 903-Technical Manual for complete list of assignments.

 

1.1.3.4    IR 1 - Includes:

 

1.1.3.4.1    Any assignment within the facility perimeter per IR 4 or IR3.

 

1.1.3.4.2    Any assignment authorized for IR 2.

 

1.1.3.4.3    Any assignment outside institutional grounds supervised by Department or private prison staff, or other authorized supervisors with no restriction as to its relative to the Department's response time.

 

1.2    Additional minimum criteria for specific assignments:

 

1.2.1    Health Unit Porter - No substance abuse current convictions or related substance abuse disciplinary violations (current incarceration).

 

1.2.2    Work assignments (even temporary detail) outside housing unit, after evening formal count and before morning formal count, may only include inmates classified as follows:

 

1.2.2.1    Non-kitchen assignments (any assignment other than the Kitchen).

 

1.2.2.1.1    Minimum custody - any internal risk level.

 

1.2.2.1.2    Medium or Close custody - only internal risk levels 1 or 2.

 

1.2.2.1.3    Maximum custody - none (may not use maximum custody inmates outside the housing unit after evening formal count).

 

1.2.2.2    Kitchen assignments: Same as outlined in 1.2.2.1 through 1.2.2.1.3 of this section, except that staff may use internal risk level 1, 2 or 3 inmates for medium or close custody. However, inmates must receive direct supervision to and from the kitchen during the evening and morning formal count time period.

 

1.2.3    Criminal Aliens, who are minimum custody and have an ICE detainer, may work on facility grounds under direct supervision only. Such inmates who do not have an ICE detainer (or pending ICE action) may work on facility grounds only and may have indirect supervision.

 

1.2.4    Inmates assigned to IGA and ACI assignments must have earned a GED or completed high school and received a high school diploma. They may not have refused or been removed from any activity indicated on their individualized Corrections Plan during the current incarceration. If the inmate subsequently completes the previously refused or removed from activity, the inmate may be reconsidered for assignment.

 

1.2.5    Inmates in the following assignments shall be no lower than Phase II of the Earned Incentive Program (EIP), have earned a GED or high school diploma and not refused or been removed (poor behavior) from a Department work or self improvement program offered during the current incarceration:

 

1.2.5.1    Tutor-Education

 

1.2.5.2    Clerk- Education

 

1.2.5.3    Aide – Education

 

1.2.5.4    Aide – Library

 

1.2.5.5    Aide – Chaplain

 

1.2.5.6    Aide – Program

 

1.2.5.7    Recreation Clerk

 

1.2.5.8    Automotive Clerk

1.2.5.9    Chaplain Clerk

 

1.2.5.10    (Vocational/Education) WBE Clerk

 

1.2.5.11    Clerk – Kitchen

 

1.2.5.12    Library Clerk

 

1.2.5.13    Academic/School Clerk

 

1.2.5.14    Suicide Prevention Aide (SPA)

 

1.2.5.15    Health Unit Porter

 

1.2.5.16    IGA

 

1.2.5.17    Community Betterment

 

1.2.5.18    ACI

 

1.3    Vehicle usage by inmates - Prior to an inmate being permitted to operate any motorized type vehicle (including complex transportation, heavy equipment, and farm equipment), the inmate shall be trained and certified on each type of farm equipment that the inmate is expected to operate per requirements noted in Department Order #405, Vehicles/Vehicle Maintenance.

 

1.4    No Department employee shall assign an inmate to duties that include:

 

1.4.1    Providing direct health care services.

 

1.4.2    Scheduling health care appointments.

 

1.4.3    Handling or having access to surgical instruments, syringes, needles, bandages or other health care supplies.

 

1.4.4    Operating or handling health services equipment.

 

1.4.5    Having access to the medical records or other inmates.

 

1.4.6    Handling or having access to security equipment.

 

1.5    Community Betterment Program - Community betterment encompasses inmate work assignments in which inmates earn wages for work that is performed for public sector and/or private not-for-profit businesses. These projects are typically full time work assignments for the duration of the project and should not be confused with Community Service activities in which inmates may participate but receive no compensation after the regular work day has concluded during their leisure time.

 

1.5.1    Projects shall be:

 

1.5.1.1    Short term, not lasting more than six months. The Director or designee shall approve all exceptions to the six-month time frame.

 

1.5.1.2    Labor services provided intermittently during the year, for example: cleanup activities each spring, fall, winter and summer.

 

1.5.2    Inmates shall be compensated in accordance with this Department Order.

1.5.3    All requests for assistance with the community betterment projects shall be submitted in writing to the Procurement Administrator using the sample letter, Community Betterment Project. (Attachment A).

 

1.5.4    Approval shall be at the discretion of the Division Director for Offender Operations.

903.05    ARIZONA CORRECTIONAL INDUSTRIES (ACI) ASSIGNMENTS AND PAY - Inmates are assigned to ACI positions in accordance with 903.04 except as otherwise specified in this section. Inmates assigned to ACI Owned and Operated industries occupy positions that are classified and paid in accordance with this Department Order. Wage rates, to be paid to inmates assigned to private/public sector labor programs, shall be developed through negotiation with ACI private/public Contractors; within the guidelines established in State and Federal statutes, with input from the Arizona Department of Economic Security as appropriate.

 

1.1    Inmate participation as workers in a Prison Industry Enhancement (PIE) program is a privilege and is strictly voluntary. To participate in private sector work programs an inmate shall:

1.1.1    Agree to restrict the number of exemptions claimed for withholding to their verifiable number of dependents and agree not to request additional amounts be withheld from each paycheck. Other deductions shall be withheld from earnings by ADC Inmate Banking pursuant to A.R.S. Section 41-1674. Inmates assigned to Private Sector labor programs that are not Prison Industry Enhancement Correctional Program (PIECP) certified shall be subject to mandatory deductions pursuant to A.R.S. Section 31-254. Any remaining amount shall be credited to the prisoner's retention account.

 

1.1.2    Be assigned these work programs as outlined in section 903.04.

 

1.1.3    Complete the ACI-Rules and Conditions of Employment, form 903-2.

 

1.1.4    Have earned a GED or completed high school.

 

1.2    Position Classifications/Compensation for ACI Owned and Operated Industries. Appropriate ACI Regional Operations Managers or Bureau Administrators shall:

 

1.2.1    Increase or decrease the number of assigned positions only with the prior approval of the Administrator for Workforce Development.

 

1.2.2    Assign inmates to ACI position classifications and pay grades in accordance with DO-903 Technical Manual.

 

1.2.3    Compensate ACI inmates at their regular hourly rate for actual time spent in performance of duties in accordance with the ACI Inmate Pay Scale.

 

1.2.4    Ensure that supervisors give advance approval for inmate workers to work in excess of an six-hour day or 40-hour week, when appropriate, as outlined in section 903.01, 1.2.7 of this Department Order.

 

1.3    Compensation for Inmates Assigned to Private/Public Sector labor programs.

 

1.3.1    Inmates assigned to Private/Public Sector labor programs shall be compensated at the wage rate(s) specified in the appropriate Inmate Work/PIECP Contract/Agreement.

 

 

1.3.2    In exigent circumstances when inmates assigned to Private/Public Sector labor programs are pre-approved to work more than 40 hours per week for a finite period of time, they shall be paid their normal wage rate for each hour worked in excess of 40 hours per work week. Selected labor programs preclude inmates from working more than 40 hours per work-week. Inmates should not work more than 40 hours per week.

 

1.3.3    In Private/Public Sector labor programs, extended work hours shall be pre-approved by the Division Director for Offender Operations and in accordance with the terms of the specific inmate labor contract between ACI and the Private/Public Sector Contractor.

 

1.4    Evaluations/Pay Increases –The appropriate ACI Regional Operations Managers or Bureau Administrators shall award pay increases in accordance with the inmate’s Earned Incentive Program Phase level and applicable performance pay enhancements.

ACI PAY SCALE

Table 1: Basic Pay Scale - ACI

 

 

Phase I

Phase II

Phase III

Work Skill Levels

Base Pay

Max

Base Bay

Max

Base Pay

Max

Unskilled

.40

.50

.50

.60

.60

.70

Semi-skilled

.45

.55

.55

.65

.65

.75

Skilled

.50

.60

.60

.70

.70

.80

 

 

Table 2: Incentive Pay Modifications to Basic Pay Scale – WIPP & ACI

 

Pay Modification Criteria

All Phases

Completed GED

+.05

Refused or Removed from a program

Base pay only

Evaluation Ratings (work and/or program) – Exceeds (overall) for 6 consecutive months

+.05

Evaluation Ratings (work and/or program) – Unsatisfactory (one or more) during past 90 days

Base pay 90 days

 

 

1.6    Special Recognition Awards - Private Sector Labor Programs. Selected Private Sector Contractors have developed performance-based incentive pay plans. Inmates assigned to those labor programs will receive periodic performance bonuses in accordance with the terms of the respective plans.

 

1.7    Inmate workers assigned to ACI Owned and Operated industries shall be paid in accordance with established pay scales.

 

903.06     WORK ASSIGNMENT EVALUATIONS

 

1.1    Each inmate assigned to a formal work program shall receive an evaluation from the supervisor at least monthly using the methodology as noted in the DO-903 Technical Manual. An evaluation is required for a month in which the inmate was assigned any portion of that month, even if it was only one day.

 

1.2    The supervisor shall complete the AIMS generated WIPP time sheet bi-weekly and forward it to the WIPP Coordinator.

1.3    Evaluations shall be entered into AIMS by the WIPP Coordinator or assigned staff no later than the fifteenth of the month.

 

1.4    Guidelines for evaluations.

 

1.4.1    Evaluations shall include rating, AIMS code, hours worked and comments.

 

1.4.2    The supervisor and inmate shall sign the evaluation.

 

1.4.3    An inmate requesting a review of the evaluation shall do so using an Inmate Letter, Form 916-1, to the Correctional Officer IV or assigned staff.

 

1.5    Evaluation ratings - The following designators shall be used to identify an inmate's performance.

 

1.5.1    Unsatisfactory (U) - An inmate's performance, attendance and attitude were below average based on expectations for the Work or Self Improvement program assignment. If more than one of the components (performance, attendance, or attitude) is considered deficient then the rating should be assessed as Unsatisfactory. If the supervisor considers only one of the components deficient, but that one deficiency overwhelms the other components, the rating may be assessed as Unsatisfactory.

 

1.5.2    Satisfactory (S) - An inmate's performance, attendance and attitude meets average expectations for the Work or Self Improvement program assignment. If one of the components (performance, attendance, or attitude) is deficient while the others are considered average or beyond average, then the rating may be assessed as Satisfactory. If an inmate’s attendance is deficient based on verified medical or mental health issues and there are no other deficiencies in performance or attitude, the inmate shall be rated no less than satisfactory.

 

1.5.3    Exceeds (E) - An inmate's performance, attendance and attitude are all beyond average expectations for the Work or Self Improvement program assignment.

 

903.07     SAFETY REQUIREMENTS

 

1.1    An inmate shall be hired, trained, and supervised in accordance with this Department Order, and Department Order #404, Fire, Safety and Loss Control.

 

1.2    To ensure work environment safety, the Fire and Safety Specialist shall:

 

1.2.1    Review all projects that will involve hazardous environments. Ensure that all inmates are in compliance with safety training requirements pertinent to the given work environment.

 

1.2.2    Randomly observe/monitor actual work performed in hazardous environments at least once daily to ensure proper execution of safety procedures.

 

1.2.3    Recommend corrective action for areas determined to be in noncompliance with safety procedures.

 

1.2.4    For all safety violations and serious incidents, ensure that, at a minimum, the following information is documented on an Information Report, Form 105-2, and submitted to the Fire and Safety Manager:

 

1.2.4.1    Project name and start date.

1.2.4.2    Project supervisor.

 

1.2.4.3    Safety procedure and section violated.

 

1.2.4.4    Date of violation.

 

1.2.4.5    Recommended corrective action and/or steps taken to correct violation.

 

1.2.4.6    Project ending date.

 

1.2.5    Review each violation and determine whether the violation could have been prevented if proper safety procedures had been followed.

 

1.2.6    Notify the Project Supervisor's supervisor and the Physical Plant Supervisor of continued violations of the Safety Procedures by the Project Supervisor. If the violation continues after the Chief Maintenance Officer has been notified, the Warden, or the Administrator shall be notified.

 

903.08     CONTRACTUAL REQUIREMENTS FOR UTILIZING INMATE WORKERS

 

1.1    Discussions regarding a contract to provide inmate labor for a city or other political subdivision shall involve representative(s) from that agency, the Division Director for Offender Operations, the Warden, or ACI representatives if the work program involves ACI.

 

1.2    When satisfied that the provisions of this Department Order and contract requirements would be met, the Warden or ACI representatives shall contact the Chief Procurement Officer to have the contract prepared.

 

1.3    Approved contracts shall be signed by the Division Director for Offender Operations and the and the contractor.

 

1.4    After review and approval by the Office of the Attorney General, the contract shall be filed as a Public Works Intergovernmental Agreement with the Secretary of State. Contracts shall not be authorized if, after scrutiny of the contract proposal, discussions with the contractor, and inspections of the work areas, the Warden or the Workforce Development Administrator determines that the contractor is unable to comply with the contract.

 

1.5    Prior to entering into an IGA, MOU or a contract, the appropriate Division Director shall, when applicable, ensure that:

 

1.5.1    A training program is available for contractors and contractor employees that shall include the following topics:

 

1.5.1.1    Inmate supervision

 

1.5.1.2    Staff/inmate relationships

 

1.5.1.3    Safety and liability issues

 

1.5.1.4    Emergency procedures

 

1.5.1.5    Inmate games and manipulation tactics

 

1.5.1.6    Institutional Orders

 

1.5.1.7    Arizona Revised Statutes and Department Orders governing inmate labor and contractor responsibility

 

1.5.1.8    Any other topics that the Program Administrator may deem appropriate.

 

1.5.2    The parameters of service or work activities are discussed with prospective contractors.

 

1.5.3    Work areas are inspected to determine if the areas are safe, and consistent with Occupational Safety and Health Act standards and that work areas are secure and/or that proper security can be provided for a work crew.

 

1.5.4    All equipment, machinery or tools that would be used to accomplish work activities are inspected in order to ensure that all items are in good repair and in proper working order.

 

1.5.5    The prospective contractor has a training program for the operation of any special or potentially hazardous equipment or machinery.

 

1.5.6    All materials to be used in proposed work activities are inspected, any hazardous material, (i.e., reactive explosives or radioactive) is identified, and that the prospective contractor has a training program to instruct users as to the proper and safe handling of such material.

 

1.5.7    Special protective clothing or equipment that may be necessary for safe completion of work activities is identified.

 

1.5.8    The prospective contractor has field supervisors who are capable and properly trained to provide necessary technical supervision to offender workers during work activities. The Warden or ACI supervisor and the Private/Public Sector Contractors shall provide technical and operational supervision of inmate workers.

 

IMPLEMENTATION

Within 90 days of the effective date of this Department Order, Wardens shall develop Institution Orders addressing inmate work activities.

DEFINITIONS

COMMUNITY BETTERMENT PROJECT - Any public or private work project that uses prisoners and services to benefit this state in terms of health, safety, welfare and aesthetics.

 

CONTRACTOR - A state agency, political subdivision, or any private person, firm, corporation or association that contracts with the Department, including ACI, to utilize inmate services or labor.

 

COTTAGE INDUSTRIES – An inmate owned and operated business that includes an approved business plan that identifies materials, tools, labor and completed product(s) for sale. The completed product will be sold commercially by the inmate to the buyer.

 

DRIVER'S LICENSE - One of the specific licenses defined in A.R.S. 28-403, i.e., Class A, B, C or D.

 

DRIVING WHILE INTOXICATED (DWI) INMATE - An inmate sentenced under A. R. S. 28-692.01 or 28-697.

 

FIELD SUPERVISOR - An employee of a contractor who is responsible for transporting, supervising or interacting with offenders during work hours.

 

FIRE AND SAFETY SPECIALIST - An institutional staff member who monitors and oversees fire and safety programs within an institution.

 

HAZARDOUS ENVIRONMENTS - Work areas identified in Safety Procedures that, by the very nature of the work being performed, are considered to be unsafe and/or unhealthful unless specific safeguards and/or work practices are implemented to control the unsafe condition.

 

 

ON-SITE DRIVERS ID CARD - The card or license that provides evidence of the inmate's authorization to drive.

 

ON-SITE DRIVER - An inmate authorized to operate a state vehicle on state property.

 

PHYSICAL PLANT SUPERVISOR - The highest-ranking member of an institution's maintenance staff, e.g., the Physical Plant Manager.

 

PROGRAM ADMINISTRATOR - A Warden or an employee assigned by the Warden, or if ACI is involved, by the WBE Administrator, who is responsible for administering the provisions of a contracted inmate work program.

 

PROJECT SUPERVISOR - The staff member who is directly responsible for and in charge of an inmate work activity.

 

REGIONAL OPERATIONS MANAGER - A manager of operations within a specific geographic area who reports to the WBE Administrator.

 

SAFETY PROCEDURES - Regulated and/or established safety guidelines for work to be performed using institutional resources. The Department has adopted, but is not limited to, the following standards for safety relating to inmate workers:

 

 

 

 

SELF IMPROVEMENT PROGRAMS – Provided during leisure hours to inmates in accordance with the inmate’s individualized Corrections Plan.

 

SPECIAL RECOGNITION AWARD - A presentation of ten dollars to an inmate's account, in recognition of an outstanding meritorious contribution to ACI.

 

TRAINEE - A position at ACI to which inmates are assigned for the express purpose of developing skills in a particular area of expertise.

 

WORK PROGRAMS – Literacy, special education and GED preparation academic education, Work Based Education (WBE) course, sex offender education and treatment, or substance abuse treatment.

 

 

Dora Schriro

Director

ATTACHMENT

Attachment A - Community Betterment Program (Sample Letter)

FORMS LIST

903-2, ACI-Rules and Conditions of Employment

903-3, Inmate Monthly Work/Training/Education/Treatment Evaluation

903-4, Eligible Work Force Quarterly Projections

903-5, Inmate Application for Program Change

903-6, Inmate Job/Program Suspension

903-8, Inmate Employment and Work Skills History

903-9, Application for Inmate Pay Change

903-17, Inmate Wage Agreement (ACI Partnerships - non PIE)

 

AUTHORITY

A.R.S. 11-952 et seq, Intergovernmental Agreements and Contracts.

 

A.R.S. 28-403 et seq, Driver's License Requirements.

 

A.R.S. 28-1381, Driving Under the Influence.

 

A.R.S. 31-233 A&B, Order for Removal; Purposes; Duration; Work Furlough; Notice; Failure to Return; Classification.

 

A.R.S. 31-251 et seq, Labor By Prisoners.

 

A.R.S. 31-252, Use of Prisoners in Public Works; Cooperative Prisoner Labor System.

 

A.R.S. 31-254, Compensation for Inmates.

 

A.R.S. 31-255, Alcohol Abuse Treatment Fund

 

A.R.S. 32-321.7, Barber License; Nonapplicability of Chapter.

 

A.R.S. 32-506.8, Cosmetology License; Nonapplicability of Chapter.

 

A.R.S. 41-1623, Powers and Duties of the Assistant Director of ACI.

 

A.R.S. 41-1624.01, Contract; Services to State Agencies and Others; Lease of Real Property.

 

A.A.C. R17-4-435, Motor Carrier Safety.


ATTACHMENT A

DEPARTMENT ORDER 903

 

 

COMMUNITY BETTERMENT PROJECT

(sample letter)

 

 

 

 

 

 

Date

 

 

, Warden

ASPC-Florence

P.O. Box 629

Florence, Arizona

 

RE: Community Betterment Project

 

 

Dear Warden:

 

In accordance with A.R.S. 31-252, (name of public entity or non-profit company) requests an inmate work crew to assist in (clean up of local cemetery).

 

It is understood that the requested labor is to be considered short term, i.e., no longer than six months duration. Inmates will be furnished at no cost to (public entity or non-profit company).

 

Attached to this letter are insurance certificates for Worker’s Compensation, General and Auto liability insurance. Said insurance shall remain current for the duration of the community betterment project.

 

To the extent permitted by A.R.S. 41-621 and 35-154, the identified (public entity or non-profit company) shall indemnify and hold harmless the Department of Corrections for its vicarious liability as a result of furnished inmate labor for the community betterment project described herein. Each party shall be responsible for its own negligence.

 

As the authorized signator, I certify that (public entity or non-profit company) per A.R.S. 31-252 is entitled to utilize inmate labor for the community betterment project described above.

 

Sincerely,

 

 

Signature

Name, Title

Public Entity or non-profit Company

 

 

 


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