This Department Order establishes guidelines for Department Order # 809, Earned Incentive Program (EIP) provision for a Recreational Program that includes outdoor recreational activities, athletics, hobby crafts, cultural and leisure time activities. Inmates may participate in arts and crafts during leisure hours and sell their products to the public, in accordance with this Department Order. This Department Order includes procedures to be used by authorized inmates to produce arts and hobby crafts for sale to the general public through the Arizona Prison Arts & Trades Outlet. It further provides for the standardization of closed circuit television systems for inmate use during leisure time.

The above Substantive Policy Statement is advisory only. A Substantive Policy Statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona Administrative Procedure Act. If you believe that this Substantive Policy Statement does impose additional requirements or penalties on regulated parties you may petition the agency under Arizona Revised Statues section 41-1033 for a review of the statement.

The EIP applies to all custody locations and populations except inmates assigned to detention.

906.01    RECREATIONAL PROGRAM - Wardens, Deputy Wardens and designees shall ensure that a quality recreation program exists and that all inmates receive outdoor exercise or recreational opportunities in accordance with their EIP phase and custody level.

1.1    A Correctional Officer III (CO III) shall be assigned to each unit as a Recreational CO III and be responsible for organizing and supervising the recreational programs.

1.2    Inmate participation in recreational programs as outlined in Department Order #809, Earned Incentive Program. Recreation and hobby crafts, shall be approved as follows:

1.2.1    Complex inter-mural activities require approval from the Complex Warden.

1.2.2    Inmates may participate in inter-mural activities at units within the Complex which have the same or higher custody level and in accordance with their phase. Maximum custody inmates and units are not eligible to participate in this activity.

1.2.2.1    Transportation arrangements shall be coordinated by the participating units. Inmate participants shall be transported in accordance with Department Order #705, Inmate Transportation.

1.2.2.2    The units Recreational CO III shall screen each participant for "Do Not Housed With" (DNHW) conflicts.

1.2.3    Unit intra-mural activities require the approval from the Deputy Warden.

1.2.3.1    With the exception of maximum inmates, inmates may participate in Unit intra-mural activities in accordance with their EIP phase. In those custody level locations where DNHW issues are allowed, the Recreational CO III shall screen each participant for DNHW issues.

1.3.    All inmates shall be afforded the opportunity for outdoor exercise activities that involve the use of large muscles. An outdoor recreation area for this purpose shall be designated.

1.3.1    The minimum outdoor exercise period shall not be less than six hours a week for all custody level inmates. Inmates in detention or medical isolation will also receive a minimal outdoor recreation period of not less than six hours a week unless a legitimate security need prohibits otherwise.

1.3.2    Large muscle exercise shall include, but is not limited to:

1.3.2.1    Walking

1.3.2.2    Jogging in place

1.3.2.3    Isometrics

1.1    Wardens, Deputy Wardens or designee shall ensure that a quality recreational program exists and consists of leisure activities, cultural activities and special events and that all inmates receive these recreational opportunities in accordance with their EIP phase and custody level.

1.2    Leisure time activities are those activities that allow inmates to positively utilize free time to pursue areas or events of interest. These leisure time activities may include but are not limited to:

1.2.1    Athletic Activities

1.2.2    Music

1.2.3    Reading

1.2.4    Passive Board or Card Games

1.2.5    Unit Intra-Mural Activities

1.2.6    Complex Inter-Mural Activities

1.3    Cultural activities are those activities or events that recognize a cultural group in a positive manner and that reflect the group’s historical or cultural background. Cultural activities may include but are not limited to:

1.3.1    Cinco de Mayo

1.3.2    Juneteenth

1.4    Special events are activities that allow inmates to positively engage in an event or organization of interest. Special events can include but is not limited to:

1.4.1    Victims Focused Community Service

1.4.2    Religious Events

1.4.3    Fund Raising Activities

1.4.4    Community Betterment Projects

1.1    Wardens and Deputy Wardens or designees shall ensure that the approved list of authorized hobby craft supplies, tools and equipment is utilized when implementing each privilege phase of the EIP. Requests for exceptions to the approved list(s) shall be submitted to the appropriate Regional Operations Director indicating the area of exception as outlined in Department Order #809, Earned Incentive Program.

1.2    All hobby crafts listed within each EIP phase shall be made available to those inmates with hobby craft privileges unless precluded by a legitimate security need. Allowable hobby craft activities are listed in Department Order #809, Attachment C, Incentive Matrix – Recreation and Hobby Craft.

1.2.1    Inmates in Phase I shall be allowed only one hobby craft approved for that phase.

1.2.2    Inmates in Phase II shall be allowed only two hobby crafts approved for that phase.

1.2.3    Inmates in Phase III shall be allowed only three hobby crafts approved for that phase.

1.2.4    Allowable amount of hobby craft tools, materials and completed items per inmate is based upon space available within the cell or living area.

1.2.6    Units shall maintain a tool/material accountability system as outlined in Department Order #712, Tools & Restricted Product Control, for those tools used in hobby craft activities.

1.3    An inmate’s participation in arts and crafts is voluntary and shall be based upon the inmate’s compliance with their Corrections Plan and EIP phase.

1.4    An inmate shall be reduced in the amount of allowed hobby craft items whenever there is a change from a higher phase to a lower phase.

1.5    In-house hobby activities:

1.5.1    Shall be conducted only in designated living areas.

1.5.2    May not include the use of flammable, caustic or toxic materials.

1.5.3    Must not use Class "A" tools as identified in Department Order #712, Tools & Restricted Product Control.

1.5.4    Must be limited to that which may be completed within the cell for close and maximum custody inmates.

1.6    Hobby Shops - The use of any tool for the production of arts or crafts shall be used as outlined in Department Order #712, Tools & Restricted Product Control.

1.6.1    Hobby shop activities shall be restricted to the designated hobby shop areas.

1.6.1.1    Hobby shops are only permitted in minimum custody units where physical plant specifications allow.

1.6.2    Allowable hobby shop activities shall include, but not limited to:

1.6.2.1    Leatherwork

1.6.2.2    Wood craft/carving

1.6.3    Hobby shops shall require the approval of the Warden and Regional Operations Director. They may be established anywhere physical plant specifications allow.

1.6.4    Inmates may participate on the basis of their custody level, EIP phase and in consideration of space availability.

1.6.5    When no space is available in the program an inmate shall be placed on a waiting list according to the date of application.

1.7    Application Process And Eligibility Criteria for Hobby Shop Program

1.7.1    Inmates who wish to participate in a Hobby Shop program shall complete the Inmate Hobby Shop Application, Form 906-5, and submit it to the Recreational CO III. To be eligible to participate in this program an inmate must:

1.7.1.1    Not have been convicted of a major disciplinary violation for six months prior to application.

1.7.1.2    Not have been convicted of a minor disciplinary violation for three months prior to application.

1.7.1.3    Not have any pending disciplinary violations.

1.7.1.4    Not have refused or been removed from a program at any time prior to application.

1.7.2    In order to remain eligible and continue to participate in the Hobby Shop program, the inmate must:

1.7.2.1    Not have been convicted of a major discipline violation.

1.7.2.2    Not have been convicted of a minor discipline violation.

1.7.2.3    Not have refused or been removed from a program.

1.7.3    Inmates shall purchase all tools and materials for their hobby at their own expense.

1.7.3.1    Inmates approved for leatherwork or wood carving hobby craft shall not be allowed to maintain individual tools.

1.7.3.2    Loss of or damage to inmate tools shall be the responsibility of the inmate in possession of or using the tool.

1.7.3.3    Altered tools shall be confiscated and processed as contraband, with appropriate disciplinary action.

1.7.3.4    Unit staff shall maintain tool and material accountability in accordance with Department Order #712.

1.7.3.5    The Deputy Warden shall designate a secured program and storage area for leatherwork or wood carving hobby craft.

1.7.4    Completed hobby craft items shall be processed within 30 days of completion as follows:

1.7.4.1    Mailed or sent out with a visitor, as outlined in Department Order #909, Inmate Property.

1.7.4.2    Delivered to the designated staff for display or sale to the public.

1.7.4.3    Added to the inmate person property inventory upon authorization of the Warden or designee.

1.8    Sale of Completed Arts and Crafts Items to Staff

1.8.1    Staff may purchase inmate-made arts and crafts only when the transaction is approved by the Warden, Deputy Warden or designee of the inmate’s assigned unit. Staff purchases of hobby craft items are permitted as follows:

1.8.1.1    Staff and inmate agree on the purchase price of the item(s).

1.8.1.5    The completed form shall be submitted to the Warden, Deputy Warden, or designee for approval and signature.

1.8.1.5.1    If denied, no further action is required by either staff purchaser or inmate.

1.8.1.5.2    If approved, the staff purchaser shall submit the form and payment, by money order to the business office and obtain a receipt.

1.8.1.6    The staff purchaser shall submit the form and receipt to staff in Mail and Property.

1.8.1.7    The Mail and Property staff shall complete a release form and place it in the inmate’s property file, and shall release the item(s), request form, receipt, and a copy of the property release form to the staff purchaser.

1.8.1.8    The inmate shall pay all direct costs incurred for the purchase of craft material and items. All sale proceeds shall be deposited in the inmate’s account. Court ordered dependency payments and victim’s compensation shall be made in accordance with Department Order #905, Inmate Banking/Money System.

1.9    Public Marketing of Hobby Crafts

1.9.1    Hobby crafts may be marketed to the public through any facility of the Department or other venues as designated by the Director.

1.9.2    Inmates may determine the fair market value of hobby crafts items.

1.9.3    Products manufactured in compliance with an approved arts and crafts program shall be sold only by the inmate who manufactured the product and may be marketed by a private vendor upon approval of the Warden, Deputy Warden or designee.

1.9.4    Inmates may withdraw items from the hobby craft program at any time by submitting a written request to their assigned Recreational CO III.

1.10    Exchanging, Trading or Bartering of Hobby Crafts

1.10.1    Inmates shall not exchange, trade or barter arts and crafts items with other inmates.

1.10.2    Inmates shall not sell or give arts and crafts items to other inmates.

1.10.3    Inmates shall not give arts and crafts items to staff members.

906.04    ARIZONA PRISON ARTS AND TRADES OUTLET (OUTLET) - All inmates who have hobby craft privileges and based on space availability shall have the opportunity to sell their products through the Outlet. Use of the Outlet is on a strictly voluntary basis and shall be done in accordance with this Department Order and with the Institutional Order for Inmate Recreation/Hobby Crafts.

1.1    Notice - Wardens, Deputy Wardens, and designees shall ensure that institutional staff uses all available means (bulletin boards, TV systems, institutional publications, etc.) to advertise the opportunity for authorized inmates to sell their products through the Outlet. (See Attachment A, Outlet Notice to Inmates)

1.2.1    Unless otherwise approved by special request, all hobby craft articles shall be mailed to the Outlet through the United States Postal Service.

1.2.2    It is an inmate’s responsibility to ensure the proper and secure packing of all items sent to the Outlet.

1.2.2.1    All items shall be packed in accordance with U.S. Postal regulations and shall be inspected by institution staff prior to sealing.

1.2.2.2    All packages and correspondence to the Outlet shall be addressed as follows:

Arizona Prison Arts & Trades Outlet

P.O. Box 949

Florence, Arizona 85232

1.2.2.3    Each shipment shall be accompanied by a completed Arizona Prison Arts & Trades Outlet, Release from Liability and Acknowledgment of Understanding, Form 906-1 and each item is to include an Arizona Prison Arts & Trades Outlet Sales Tag, Form 906-3. Failure to properly complete the forms shall result in the item being returned to the inmate, at the expense of the inmate.

1.2.2.4    All copies of each required form shall be enclosed in the shipment, except the goldenrod copy of Form 906-1, Release from Liability and Acknowledgment of Understanding and the canary copy of Form 906-3, Arizona Prison Arts & Trades Outlet Sales Tag. These two copies shall be retained by the inmate.

1.3    Right to Refuse Acceptance - The Outlet reserves the right to refuse acceptance and return any hobby craft article that is deemed by Outlet personnel to be inappropriate or un-sellable. If an item is rejected, the inmate’s trust account shall be charged for any repackaging and/or postal expenses. Reasons for rejection may include, but are not limited to:

1.3.1    Damaged goods

1.3.2    Poor quality

1.3.3    An unreasonable selling price

1.4    Inmate Relocation - Inmates shall be responsible for notifying the Outlet of any changes in their institutional location within the Arizona Department of Corrections, or their release, while having hobby craft articles for sale in the Outlet.

1.5    Pricing/Display

1.5.1    The inmate shall be responsible for determining the initial selling price of the hobby craft by completing the sales tag, Form 906-3.

1.5.2    Articles on display for more than 120 calendar days shall be automatically reduced by ten percent of the inmate designated selling price.

1.5.3    An article shall remain on display thereafter based on space availability until the item is deemed to be un-sellable. The article shall then be returned to the inmate at the inmate’s expense.

1.5.4    The prison outlet shall display all articles; duplicate crafts by one inmate shall be displayed if space permits.

1.6    Charges/Payments - The Outlet shall deduct a twenty-five percent administrative fee from the sale price of each article sold to assist in defraying the costs of operating the Outlet.

1.6.1    Members of the public who buy items from the Outlet shall be required to pay 8% sales tax on all purchases.

1.6.2    Payments to an inmate for hobby crafts sold in the Outlet shall be sent for credit to the inmate’s account within 20 working days of the sale. (See Attachment B.) Each inmate shall also receive a copy of the completed sales tag form as proof of the sale.

1.7    Requests to Return a Hobby Craft Article

1.7.1    An inmate may request the return of a hobby craft article.

1.7.2    The inmate shall complete a Request for Return of Inmate Personal Property, Form 906-15 and submit it to the Outlet.

1.7.3    The inmate’s account shall be charged for the packaging and postage expenses involved in returning the hobby craft.

1.1    A maximum of fifteen television channels shall be provided, based on local availability, as determined by the Warden, or designee. If the capability does not exist to deliver the maximum fifteen channels, the Warden, Administrator or designee shall determine which of the available channels will be offered. Channels shall be selected from the following types:

1.1.1    Major Networks                                    ABC, NBC, FOX, CBS, etc.

            Educational                                           Public television, Discovery, etc.

            Religious                                               Religious services, etc.

            Sports                                                   Sports-related programming

            News                                                    CNN, Headline News, etc.

            Spanish                                                 Spanish language channel

            Black entertainment                              BET, etc.

            ADC Programs                                      Inmate education or religious programs

           Announcements                                     Computer bulletin board

1.2    There shall be no premium channels, no movie channels, or ADC channels reserved for showing ADC-owned or rented movies.

1.3    The Warden or designee may shut off all or part of the institution’s closed circuit television system at any time at his or her discretion.

1.4    The standardized viewing schedule appears as Attachment C.

Within 90 days of the effective date of this Order, Wardens or designees shall develop an Institution Order that addresses the requirements of this Order, to include:

• The use of hobby shop space

• The display and sale of completed hobby items to the public

ATHLETIC ACTIVITY - Events involving individual or group participation of inmates in a recognized and authorized sporting event with official rules and regulations, e.g., basketball, handball, and softball.

CAUSTIC MATERIAL - Material capable of destroying or eating away by chemical action/reaction (example: lye, caustic soda).

CRAFT ACTIVITY - Activities involving inmate participation and utilizing inmate skills to produce an item of possible value, e.g., horse hair, drawing, woodworking, leather.

CULTURAL ACTIVITIES - Events that recognize a cultural group in a positive manner and that reflect the group’s historical or cultural background, e.g., folk dancing, Cinco de Mayo, Juneteenth.

EARNED INCENTIVE PROGRAM (EIP) - A three-phase system of graduated earned inmate incentives sanctions and to assist inmates to acquire and sustain a responsible, pro-social lifestyle, incorporating the community’s underlining norms, values and mores in their everyday lives.

FLAMMABLE MATERIAL - Any material having a flash point below 100 degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees Fahrenheit.

HOBBY CRAFTS - Any endeavor, hobby or enterprise that may produce items suitable for public sale, but which is not a full-time occupation for the inmate. Approved hobby activities may include, but are not limited to:

• Drawings, paintings, creative writing
• Leather work (Hobby Shop only were physical plant allows)
• Woodcarving, woodworking/fabricating (Hobby Shop only were physical plant allows)
• Drawing/sketching
• Paper craft
• Water colors
• String art
• Beadwork
• Popsicle sticks
• Hand wood carving sets
• Horsehair
• Model kits
• Greeting Cards

IN-HOUSE HOBBY - A hobby activity conducted in an inmate’s living area.

INTRA-MURALS - Activities organized for inmate participation occurring within the boundaries of a unit.

LEISURE ACTIVITIES- Activities with inmate participation that allow the individual to positively utilize free time to pursue areas/events of interest, e.g., poetry, music, reading, drama, passive games, clubs.

RECREATIONAL ACTIVITY - Includes, but is not limited to, cultural clubs, study or self-help groups and the development of approved institutional publications, such as newsletters and magazines.

• Outdoor Exercise
• Athletics
• Leisure Activities
• Comprehensive Inter-Unit Activities
• Unit Intra-Mural Activities
• Complex Inter-Mural Activities
• Arts/Crafts
• Cultural Activities
• Special Events

TOOL - Any hand-held implement used to accomplish work.

TOXIC MATERIAL - A substance or material, including poisons that can enter the body through the skin, digestive tract or respiratory tract can produce harm or is fatal.

Dora Schirro

Director

Attachment A - Outlet Notice to Inmates

Attachment B - Outlet Payment to Inmates Examples

Attachment C -ADC Standardized CCTV Viewing Schedule

0906-1, Release from Liability

0906-3, Arizona Prison Arts & Trades Outlet Sales Tag

0906-4, Staff Request to Purchase Hobby Craft

0906-5, Inmate Hobby Shop Application

0906-15, Request for Return of Inmate Personal Property

A.R.S. 13-4202, Crime/Victim Accounts - Void Contracts.

A.R.S. 31-204, Interest of Employee in Contracts, Gifts to or from Prisoner, Penalty.

A.R.S. 31-261, Sale or Exchange of Products of Individual Prisoners.

Inmate Smith sent a hobby craft article to the Outlet with a sales price of $50.00. The article was sold after 120 days of its arrival at the Outlet for 10% less than the original asking price, or $45.00 plus tax. Within 20 working days of the sale, Outlet personnel sent a total of $33.75 (the sales price minus 25%) to the institution for deposit into the inmate’s account. Simultaneously, the inmate is advised the article sold.