2. 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

3. 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

4. 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?

5. Changes in the jail setting? Crowding and condition of facilities? Type of inmate?

6. 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?

7. What’s holding you back? Why aren’t more inmates working in your jail?

8. Classifying Inmate Labor Two major characteristics are a starting point for describing your practices Where work occurs Who is served (the type of customer)

9. Charting Inmate Work Where  Who Self Other Gov’t Within Co. Other Co. Or State Non- Profit Private Sector Away Near Inside Housing/ Dayroom

10. What’s going on out there? Some case studies of various types of inmate work and industry programs

11. Riparian Enhancement In the community, public customer (state)

12. Riparian…

13. Riparian….

14. Whatcom County In the community.

15. Whatcom…

16. Miami-Dade Habitat for Humanity

17. El Paso County, Colorado Gateway Program In the community, Public and private customers

18. Utah County, Utah  In the community. KInmates work for private companies, not individually as in work release, but as a group. KSheriff pays inmates, customers pay sheriff. CAN THEY DO THAT?

19. Clark County, Washington

20. Clark…

23. 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.

24. 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.

25. Hampden Hygiene Kits

26. Hampden Reupholstery

27. Hampden Sewing Operations

28. 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

29. Montgomery County, Maryland Baked goods program Job Shop- bulk mail, assembly work, photocopying, misc. labor-intensive jobs Digital Imaging

30. MCDC Dayroom

31. MC Indigent Kits

32. MCDC School Kits

33. MCDC Screening new projects

34. 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.

35. 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

36. 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

37. 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

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

39. Practical 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

40. 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 Holders and requires corrective action be implemented when non- compliance is identified.BJA monitors PIECP Certificate Holders and requires corrective action be implemented when non- compliance is identified. BJA may suspend or terminate PIECP designation authority or project participation for non- compliance. BJA provides legal and policy direction to PIECP Certificate Holders.BJA provides legal and policy direction to PIECP Certificate Holders. BJA Administration & Oversight BJA

41. Accounting for the Value of Inmate Labor Method Of “Payment” FULL VALUE DIS- COUNTED VALUE ExpensesJust Plain Free CASH CREDIT Cost Avoidance FEE BASIS Stable Unstable

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

43. 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

44. Washington State Jail Industries Board Statewide Networking Counties to State * Cowlitz County, WA Counties to Other Partners * Snohomish County

45. Yakima County, Washington

46. Yakima…

47. Texas PIE Legislation A unique partnership between— State and local corrections Adult and juvenile systems Private sector customers Sharing a PIE certificate

48. 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

49. 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.

50. Partnerships in New Jersey Sussex Co. Camden Co. Ocean Co. Monmouth Co. Gloucester Co.

51. National Institute of Corrections Office 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.

52. Selecting new work and industry projects and customers— A Balancing Act…… Potential Impact on Benefits the Community 

53. Foundation Decisions: Franklin County Inmate Workforce Developed by: Franklin County Jail Industries Advisory Board December 2003 Chambersburg, PA 17201-3091

54. 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)

55. Franklin Foundation Ceremony

56. 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

57. 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

58. STRAFFORD COUNTY INDUSTRIES ADVISORY 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

59. HELP! (?) www.jailwork.comwww.jailwork.com Or www.correction.orgwww.correction.org

60. This presentation, and other resources will be available at: www.jailwork.com www.correction.org

62. 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

63. Examples of Jails Who Have Reached Out Montgomery County Hennepin County King County

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

65. 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.

66. Funding Streams Department of Labor Separate Funding Streams distributed by formula to State and Local Areas Dislocated Workers 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

67. 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