[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Rules and Regulations]
[Pages 15826-15833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7463]
[[Page 15825]]
_______________________________________________________________________
Part III
Department of Justice
_______________________________________________________________________
Bureau of Prisons, Federal Prison Industries, Inc.
_______________________________________________________________________
28 CFR Parts 345 and 545
Federal Prison Industries (FPI) Inmate Work Programs; Final Rule
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules
and Regulations
[[Page 15826]]
DEPARTMENT OF JUSTICE
Bureau of Prisons, Federal Prison Industries, Inc.
28 CFR Parts 345 and 545
[BOP-1003-F]
RIN 1120-AA04
Federal Prison Industries (FPI) Inmate Work Programs
AGENCY: Federal Prison Industries, Inc., Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is revising its rule
on Federal Prison Industries (FPI) Inmate Work Programs (formerly
entitled UNICOR Inmate Work Programs). This amendment reorganizes into
one part existing provisions on inmate hiring procedures, pay, and
scholarship and incentive awards programs. It updates Bureau policy by
adding provisions on position classification and recruitment, physical
and medical work limitations, inmate worker standards, performance
appraisal, dismissal procedures, benefit retention, and training
programs. The intent of this amendment is to enable the Bureau to
continue to employ and train inmates in a manner that will assist the
inmate in post-release employment.
EFFECTIVE DATE: April 26, 1995.
ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754,
320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General
Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its
regulations on Federal Prison Industries (FPI) Inmate Work Programs
(formerly entitled UNICOR Inmate Work Programs). UNICOR is the
commercial or ``trade'' name of Federal Prison Industries, Inc. (FPI).
FPI, a component of the Bureau of Prisons, is a wholly-owned government
corporation whose mission is to provide institution work assignments
and training opportunities for inmates confined in Federal correctional
facilities. A proposed rule on this subject was published in the
Federal Register on December 16, 1992 (57 FR 59866). The comment period
closed on February 1, 1993. The Bureau received only one response from
the general public. A summary of that comment and agency response
follows.
The commenter criticized the proposed rule on administrative
grounds. First, the commenter stated that any major policy change in
the Bureau's regulations ought to be the prerogative of the new
administration. Second, the commenter stated that the proposed rule
should have originated with the Board of Directors of Federal Prison
Industries, Inc. The commenter then claimed that the published document
did not reflect that the Board of Directors was aware of the proposed
policy being enacted on its behalf. In response to these points, the
Bureau notes that both the proposed rule and this final rule received
appropriate clearances. With respect to the first point, clearance of
the final rule is in and of itself sufficient guarantee of the final
policies expressed therein. With respect to the second point, the
Bureau notes that the proposed rule was signed by the Director under
her titles as the Director of the Bureau of Prisons and the
Commissioner of Federal Prison Industries. Furthermore, the authority
citation for the proposed revision included a reference that the rule
was promulgated pursuant to a resolution by the Board of Directors of
Federal Prison Industries, Inc. Sufficient authority exists under 28
CFR 0.99 for the Commissioner of Federal Prison Industries, as the
officer designated by the Board, to prescribe regulations governing the
payment of compensation to inmates, and in order to eliminate any
confusion, this final rule makes that designation explicit.
The commenter also took issue with the statement in the proposed
rule that the mission of Federal Prison Industries, Inc. was to provide
institution work assignments and training opportunities for inmates
confined in Federal correctional facilities. The commenter alleged that
FPI assignments did not qualify as job training programs. More
specifically, the commenter claimed that over an eight year period he
was aware of only one person who left prison and entered a job doing
exactly the same thing. In response, the Bureau notes that its Post-
Release Employment Project (PREP), a research study completed in
January of 1992, concluded that inmates who participated in FPI work
and other vocational programming during their imprisonment showed
better institutional adjustment, were less likely to be returned to
custody at the end of their first year back in the community, were more
likely to be employed in the halfway house and community, and earned
slightly more money than inmates who had similar background
characteristics, but who did not participate in work and vocational
training programs. Further Bureau research on mobility issues--the
impact of prison work and vocational training on changes in occupations
before, during, and after release from prison--is still in process.
Preliminary results from these studies confirm the Bureau's belief that
the commenter's anecdotal evidence is misrepresentative. In any event,
the Bureau notes that FPI work assignments perform essential vocational
training needs even if they only serve to instill habits of work and
responsibility suitable for any occupational category.
The commenter characterized almost all of the proposed rule changes
as being less favorable for the inmates than existing rules. The
commenter claimed that the proposed rule gave inmates in FPI
assignments less job security and weaker longevity retention rights.
More specifically, the commenter noted that under the current
regulations an inmate may be removed virtually only for an FPI-related
disciplinary problem. The Bureau takes issue with the characterization
that almost all the rule changes are less favorable. The Bureau
believes that these revisions benefit inmates by standardizing policies
in such areas as position classification, physical and medical work
limitations, benefit retention provisions, recruitment procedures, work
standards, performance appraisal, etc.
With respect to the effects of disciplinary actions, the Bureau
notes that revised provisions covering the effects of non-FPI
disciplinary actions is both logical and supportive of correctional
management. As noted in proposed Sec. 345.42(c), an inmate found to
have committed a prohibited act (whether or not it is FPI related)
resulting in segregation or disciplinary transfer is also to be
dismissed from Industries based on an unsatisfactory performance rating
for failure to be at work. The Bureau believes it is not unreasonable
to apply the same sanction in response to similar circumstances. As
revised, Sec. 345.42(c) serves as an additional incentive for inmates
to avoid committing any prohibited act.
The commenter also objected to the proposed rule stating that it
vested much more discretion in the hands of the Superintendents of
Industry (SOIs) at individual facilities. In the opinion of the
commenter, FPI Superintendents were not professional managers and had
no training in the field of management. The Bureau notes that
appropriate training is made available to FPI staff, and that the
comprehensive nature of the revisions in this rulemaking help to ensure
the successful operation of FPI programs. [[Page 15827]]
The commenter also objected to provisions for premium pay, claiming
that this served to reward informants rather than to reward
productivity. The commenter also claimed that the display of leadership
by inmates was in direct conflict with Bureau policy prohibiting an
inmate from exercising responsibilities over another inmate. As noted
in proposed Sec. 345.52(e), premium pay is not a form of bonus or
incentive pay for highly productive inmates. Other pay provisions (for
example, piecework rates) serve as incentive for productivity. The
proposed rule had explained that premium pay is a recognition of the
value of the leadership and citizenship traits in FPI operation.
Contrary to the commenter's allegation, premium pay is not intended to
be a reward for informants nor does it place an inmate in a position of
authority over another inmate. As a clarification of this point,
paragraph (b) has been revised to specify that the selection criteria
must be posted and paragraph (e) has been revised to note that premium
pay is a means of recognizing the value of those traits supportive of
morale and good institutional adjustment.
The commenter did approve of the proposed safeguards provided in
Sec. 345.66 provided for inmates placed in Administration Detention who
are later determined not to have committed a prohibited act. As
proposed, these safeguards included the retention of job and pay grade,
with actual pay suspended, for up to the first thirty days in
Administrative Detention, and for reimbursing the inmate if the inmate
was found not to have committed a prohibited act. No provisions were
made for reimbursing inmates in similar circumstances (e.g., while on
writ or on medical idle). In this final rule, the Bureau has therefore
removed the proposed provision for reimbursing inmates in
Administrative Detention when they have been found not to have
committed a prohibitive act.
In adopting the proposed rules as final, the Bureau has made
various editorial or organizational changes in addition to the change
discussed above. These further changes are discussed below.
The organization of the regulation into subparts has been slightly
adjusted for editorial reasons. Revisions to certain subpart headings
necessitated conforming revisions to pertinent section headings. In
neither case, however, is there any change in the intent of the
regulation.
Throughout the regulation the term ``Federal Prison Industries''
and its acronym ``FPI'' have been used more consistently in place of
the trade name ``UNICOR.'' This change is also reflected in
Sec. 345.11, where the definitions of Federal Prison Industries, Inc.
and of UNICOR have been consolidated. Further changes to Sec. 345.11
include the removal of the definition of ``Federal Prison Industries
Board of Directors'' which was deemed to be unnecessary for inclusion
in the regulations, editorial changes to the definition of
``Superintendent of Industries,'' and the addition of definitions
regarding work status which had appeared in proposed Sec. 345.50.
The provisions in paragraph (a) of Sec. 345.32 regarding the use of
waiting lists have been revised to clarify that ordinarily these are
used in the selection process.
In Sec. 345.33, paragraph (a) has been revised to remove
unnecessary gender references. Paragraph (b) has been revised to
conform to separately stated provisions on the effects of disciplinary
action. Paragraph (e) has been revised to broaden the scope of special
needs with respect to recommendations for priority placement on the
waiting list.
Section 345.35 has been reorganized and revised to clarify that the
Supervisor of Industries makes the assignment with the concurrence of
the unit team. In stating the Bureau's policy of nondiscrimination in
paragraph (a), the phrase ``physical handicap'' has been replaced with
the word ``disability'' to conform to the terminology used in current
statutes.
In Sec. 345.40, the introductory text has been amended to include
provision for reasonable accommodation of inmates with disabilities.
Similar reference to the use of reasonable accommodation for inmates
with disabilities has also been added to the statement of purpose and
scope in Sec. 345.10.
In Sec. 345.41, paragraph (b) has been amended to include reference
to time in grade requirements.
Section 345.50 has been revised and reorganized for the sake of
conciseness. As noted above, definitions relating to work status have
been transferred to Sec. 354.11. Provisions in proposed Sec. 345.50
relating to specific benefits have been transferred to the appropriate
section.
Section 345.51 has been revised to remove unnecessary references to
time in grade provisions and to include summary provisions on
eligibility previously contained in proposed Sec. 345.50.
Section 345.56 has been amended to include reference to the amount
of time needed to process written requests for vacation time.
Section 345.64 has been revised to more accurately describe the
SOI's role in ensuring that necessary information on medical
limitations are made available to line supervisory staff.
A new Sec. 345.66 has been added containing the provisions on claim
limitations previously proposed in Sec. 345.50 (c)(1). Proposed
Sec. 345.66 on retention of benefits accordingly has been redesignated
as Sec. 345.67.
Members of the public may submit comments concerning this rule by
writing to the previously cited address. These comments will be
considered, but will not receive response in the Federal Register.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly this rule was not reviewed by the Office of Management and
Budget. After review of the law and regulations, the Director, Bureau
of Prisons has certified that this rule, for the purpose of the
Regulatory Flexibility Act (Pub. L. 96-354), does not have a
significant impact on a substantial number of small entities.
List of Subjects in 28 CFR Parts 345, 545
Prisoners.
Kathleen M. Hawk,
Director, Bureau of Prisons, and Commissioner of Federal Prison
Industries.
Accordingly, pursuant to the rulemaking authority vested in the
Attorney General in 5 U.S.C. 552(a) and delegated to the Director,
Bureau of Prisons and the Board of Directors, Federal Prison Industries
in 28 CFR 0.96(p) and 0.99, part 345 in chapter III of 28 CFR is
revised and part 545 in subchapter C of 28 CFR, chapter V is amended as
set forth below.
1. 28 CFR part 345 is revised to read as follows:
PART 345--FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS
Subpart A--Purpose and Scope
Sec.
345.10 Purpose and scope.
Subpart B--Definitions
345.11 Definitions.
Subpart C--Position Classification
345.20 Position classification.
Subpart D--Recruitment and Hiring Practices
345.31 Recruitment.
345.32 Hiring.
345.33 Waiting list hiring exceptions.
345.34 Refusal to employ.
345.35 Assignments to FPI. [[Page 15828]]
Subpart E--Inmate Worker Standards and Performance Appraisal
345.40 General.
345.41 Performance appraisal for inmate workers.
345.42 Inmate worker dismissal.
Subpart F--Inmate Pay and Benefits
345.50 General.
345.51 Inmate pay.
345.52 Premium pay.
345.53 Piecework rates.
345.54 Overtime compensation.
345.55 Longevity pay.
345.56 Vacation pay.
345.57 Administrative pay.
345.58 Holiday pay.
345.59 Inmate performance pay.
345.60 Training pay.
345.61 Inmate earnings statement.
345.62 Inmate accident compensation.
345.63 Funds due deceased inmates.
345.64 Referral of releasable medical data to FPI staff.
345.65 Inmate medical work limitation.
345.66 Claims limitation.
345.67 Retention of benefits.
Subpart G--Awards Program
345.70 General.
345.71 Official commendations.
345.72 Cash bonus or cash award.
345.73 Procedures for granting awards for suggestions or
inventions.
345.74 Awards for special achievements for inmate workers.
Subpart H--FPI Inmate Training and Scholarship Programs
345.80 General.
345.81 Pre-industrial training.
345.82 Apprenticeship training.
345.83 Job safety training.
345.84 The FPI scholarship fund.
Authority: 18 U.S.C. 4126, 28 CFR 0.99, and by resolution of the
Board of Directors of Federal Prison Industries, Inc.
Subpart A--Purpose and Scope
Sec. 345.10 Purpose and scope.
It is the policy of the Bureau of Prisons to provide work to all
inmates (including inmates with a disability who, with or without
reasonable accommodations, can perform the essential tasks of the work
assignment) confined in a federal institution. Federal Prison
Industries, Inc. (FPI) was established as a program to provide
meaningful work for inmates. This work is designed to allow inmates the
opportunity to acquire the knowledge, skills, and work habits which
will be useful when released from the institution. There is no
statutory requirement that inmates be paid for work in an industrial
assignment. 18 U.S.C. 4126, however, provides for discretionary
compensation to inmates working in Industries. Under this authority,
inmates of the same grade jobs, regardless of the basis of pay (hourly,
group piece, or individual piece rates) shall receive approximately the
same compensation. All pay rates under this part are established at the
discretion of Federal Prison Industries, Inc. Any alteration or
termination of the rates shall require the approval of the Federal
Prison Industries' Board of Directors. While the Warden is responsible
for the local administration of Inmate Industrial Payroll regulations,
no pay system is initiated or changed without prior approval of the
Assistant Director, Industries, Education and Vocational Training
(Assistant Director).
Subpart B--Definitions
Sec. 345.11 Definitions.
(a) Federal Prison Industries, Inc. (FPI)--A government corporation
organizationally within the Bureau of Prisons whose mission is to
provide work simulation programs and training opportunities for inmates
confined in Federal correctional facilities. The commercial or
``trade'' name of Federal Prison Industries, Inc. is UNICOR. Most
factories or shops of Federal Prison Industries, Inc. are commonly
referred to as ``UNICOR'' or as ``Industries''. Where these terms are
used, they refer to FPI production locations and to the corporation as
a whole. UNICOR, FPI, and Industries are used interchangeably in this
manner. For these purposes, Federal Prison Industries, Inc. will
hereinafter be referred to as FPI.
(b) Superintendent of Industries (SOI)--The Superintendent of
Industries, also referred to as Associate Warden/Industries and
Education, is responsible for the efficient management and operation of
an FPI factory. Hereinafter, referred to as SOI.
(c) FPI Work Status--Assignment to an Industries work detail.
(1) An inmate is in FPI work status if on the job, on furlough, on
vacation, for the first thirty days on writ, for the first 30 days in
administrative detention, or for the first 30 days on medical idle for
FPI work-related injury so long as the injury was not intentional and
did not result from a violation of safety regulations. An inmate on
sick call, however, is not considered to be in FPI work status.
(2) Full-Time Work Status. A work schedule for an inmate consisting
of 90% or more of the normal FPI factory work week.
(3) Part-Time Work Status. A work schedule of less than 90% of the
normal FPI factory work week.
(d) Unit Team--Bureau of Prisons staff responsible for the
management of inmates and the delivery of programs and services. The
Unit Team may consist of a unit manager, case manager, correctional
counselor, unit secretary, unit officer, education representative, and
psychologist.
(e) Unit Discipline Committee (UDC)--The term Unit Discipline
Committee refers to one or more institution staff members delegated by
the Warden with the authority and duty to hold an initial hearing upon
completion of the investigation concerning alleged charge(s) of inmate
misconduct (see 28 CFR 541.15). The Warden shall authorize these staff
members to impose minor sanctions for violation of prohibited act(s).
(f) Discipline Hearing Officer (DHO)--This term refers to an
independent discipline hearing officer who is responsible for
conducting Institution Discipline Hearings and who imposes appropriate
sanctions for incidents of inmate misconduct referred for disposition
following the hearing required by 28 CFR 541.15 before the UDC.
Subpart C--Position Classification
Sec. 345.20 Position classification.
(a) Inmate worker positions must be assigned an appropriate level
of pay. All inmate workers shall be informed of the objectives and
principles of pay classification as a part of the routine orientation
of new FPI inmate workers.
(b) The Warden and SOI have the responsibility for position
classification at each location.
Subpart D--Recruitment and Hiring Practices
Sec. 345.31 Recruitment.
Inmate workers for FPI locations may be recruited through admission
and orientation lectures or through direct recruiting.
Sec. 345.32 Hiring.
(a) Inmate workers are ordinarily hired through waiting lists.
Except as noted in Sec. 345.33, inmates are to be placed on the waiting
lists in order of receipt of applications for work with Industries, and
are to be hired in the same sequence.
(b) Waiting lists are to be maintained and kept available for
scrutiny by auditors and other staff with a need to know. SOI's are
encouraged to maintain a waiting list for each FPI factory.
Sec. 345.33 Waiting list hiring exceptions.
(a) Needed Skills. An inmate may be hired ahead of other inmates on
the waiting list if the inmate possesses needed skills and the SOI
documents the reasons for the action in the position classification
files. [[Page 15829]]
(b) Prior FPI Work Assignment. An inmate with prior FPI work
experience during the inmate's current commitment and with no break in
custody will ordinarily be placed within the top ten percent of the
waiting lists unless the inmate was transferred for disciplinary
reasons, was placed in segregation, or voluntarily left the FPI work
assignment for non-program reasons (i.e. for some reason other than
formal education, vocational training, drug abuse or similar formal
programs). For example, an inmate transferred administratively for
nondisciplinary reasons, and who has documented credit as a prior
worker, is covered under the provisions of this paragraph.
(c) Industry Closing and Relocation. When an FPI factory closes in
a location with two or more FPI factories, an inmate worker affected
may be transferred to remaining FPI factories ahead of the top portion
of the inmates on the waiting lists, so there is no break in active
duty with FPI. Such actions are also in order where the work force of
an industry is reduced to meet institution or FPI needs. An inmate
transferred under the provisions of this part will have the same
benefits as any intra-industry transfer.
(d) Disciplinary Transfers. An inmate who is a disciplinary
transfer from the last institution designated and who wishes re-
assignment in FPI at the receiving institution may be hired on a case-
by-case basis at the discretion of the SOI, who should consider the
security level and reasons for the misconduct. Such an inmate, despite
prior experience, is not due special placement on the waiting list, is
not given advance hiring preference, and does not receive consideration
for accelerated promotion back to the grade held at time of transfer.
(e) Special Needs. For special needs, such as Inmate Financial
Responsibility assignment to assist in paying a significant financial
obligation or for release preparation, the unit team may recommend an
inmate for priority placement on the waiting list. Such placement must
be documented and include the reason for the exception.
Sec. 345.34 Refusal to employ.
(a) The SOI has authority to refuse an FPI assignment to an inmate
who, in the judgment of the SOI, would constitute a serious threat to
the orderly and safe operation of the FPI factory. A refusal to assign
must be documented by a memorandum to the unit team listing reasons for
the refusal, with a copy to the position classification files in FPI.
Typically, the reasons should include other earlier (ordinarily within
the past twelve months) documented violations of the FPI inmate worker
standards or institution disciplinary regulations.
(b) The refusal to assign is to be rescinded when, in the judgment
of the SOI, the worker no longer constitutes a serious threat to the
FPI industrial operation.
Sec. 345.35 Assignments to FPI.
(a) Any request by an inmate for consideration must be made through
the unit team. All inmates may be considered for assignment with FPI.
FPI does not discriminate on the bases of race, color, religion, ethnic
origin, age, or disability.
(b) The SOI ordinarily makes assignments based on the
recommendation of the unit team.
(1) New workers are ordinarily assigned at pay grade five. All
first-time inmate workers shall enter at pay grade five and may be
required to successfully complete a course in pre-industrial training
or on-the-job training (as available) before promotion to pay grade
four.
(2) An inmate who has not successfully completed pre-industrial or
on-the-job training remains at pay grade five for at least 30 days.
(3) An inmate hired after having resigned voluntarily from FPI may
be excused from pre-industrial training and may be hired at a pay grade
based on previous training and experience.
Subpart E--Inmate Worker Standards and Performance Appraisal
Sec. 345.40 General.
This subpart authorizes the establishment of minimum work standards
for inmate workers assigned to the Industries program at all field
locations. The SOI may reproduce these standards and may also develop
additional local guidelines to augment these standards and to adapt
them to local needs and conditions. Local Industries shall place these
standards and any additional local guidelines on display at appropriate
locations within the industrial sites. Inmates shall be provided with a
copy of these standards and local guidelines, and shall sign receipts
acknowledging they have received and understand them before beginning
work in the Industries program. In the case of a disabled inmate,
alternate media or means of communicating this information and
indicating the inmate's receipt may be provided, if necessary as a
reasonable accommodation.
(a) At a minimum, each industrial location is to have work
standards for each of the following areas:
(1) Safety--ensuring the promotion of workplace safety and the
avoidance of activities that could result in injury to self or others.
(2) Quality Assurance--ensuring that work is done as directed by
the supervisor in an attentive manner so as to minimize the chance of
error.
(3) Personal Conduct and Hygiene--ensuring the promotion of harmony
and sanitary conditions in the workplace through observation of good
hygiene and full cooperation with other inmate workers, work
supervisors, and training staff.
(4) Punctuality and Productivity--ensuring the productive and
efficient use of time while the inmate is on work assignment or in
training.
(b) Compliance With Work Standards. Each inmate assigned to FPI
shall comply with all work standards pertaining to his or her work
assignment. Adherence to the standards should be considered in
evaluating the inmate's work performance and documented in individual
hiring, retention, and promotion/demotion situations.
Sec. 345.41 Performance appraisal for inmate workers.
Work supervisors should complete a performance appraisal form for
each inmate semi-annually, by March 31 and September 30, or upon
termination or transfer from the industrial work assignment. Copies
shall be sent to the unit team. Inmate workers should discuss their
appraisals with their supervisors at a mutually agreeable time in order
to improve their performance. Satisfactory and unsatisfactory
performance ratings shall be based on the standards in Sec. 345.40(a).
(a) The SOI is to ensure that evaluations are done and are
submitted to unit teams in a timely manner.
(b) The SOI or a designee may promote an inmate to a higher grade
level if an opening exists when the inmate's skills, abilities,
qualifications, and work performance are sufficiently developed to
enable the inmate to carry out a more complex FPI factory assignment
successfully, when the inmate has met the institution's time-in-grade
(unless waived by the SOI), and when the inmate has abided by the
inmate worker standards. Conversely, the SOI or SOI designee may demote
an inmate worker for failing to abide by the inmate worker standards.
Such demotions shall be fully documented.
Sec. 345.42 Inmate worker dismissal.
The SOI may remove an inmate from Industries work status in
cooperation with the unit team.
[[Page 15830]]
(a) The SOI may remove an inmate from FPI work status according to
the conditions outlined in the pay and benefits section of this policy
and in cooperation with the unit team.
(b) An inmate may be removed from FPI work status for failure to
comply with any court-mandated financial responsibility. (See 28 CFR
545.11(d)).
(c) An inmate found to have committed a prohibited act (whether or
not it is FPI related) resulting in segregation or disciplinary
transfer is also to be dismissed from Industries based on an
unsatisfactory performance rating for failure to be at work.
Subpart F--Inmate Pay and Benefits
Sec. 345.50 General.
Title 18 U. S. Code Section 4126 authorizes FPI to compensate
inmates under rules and regulations promulgated by the Attorney
General. It is the policy of FPI to provide compensation to FPI inmate
workers through various conditions of pay and benefits, except as
otherwise provided in these regulations.
Sec. 345.51 Inmate pay.
(a) Grade levels. Inmate workers in FPI locations receive pay at
five levels ranging from 5th grade pay (lowest) to 1st grade pay
(highest).
(b) Eligibility. (1) An inmate shall accrue vacation time,
longevity service credit, and shall receive holiday pay for the period
of time the inmate is officially assigned to the Industries work
detail. For limitations on claims, refer to Sec. 345.66.
(2) Inmate workers may be eligible for premium pay as specified in
Sec. 345.52. Eligibility for other pay and benefits are described
separately in this subpart.
(3) FPI pay and benefits are lost in cases of disciplinary transfer
and segregation.
(4) An inmate returned to the institution due to program failure at
a Community Corrections Center or while on parole or escape is not
entitled to credit for time spent in Industries prior to said program
failure. This rule also applies to any other program failure which
results in a break in confinement status.
Sec. 345.52 Premium pay.
Payment of premium pay to selected inmates is authorized. The total
number of qualifying inmates may not exceed 15% of first grade inmates
at a location.
(a) Eligibility. Inmates in first grade pay status may be
considered for premium pay.
(b) The Selection Process. Candidates for premium pay must be
nominated by a foreman on the FPI staff, and recommended on the basis
of specific posted criteria by a selection committee assigned by the
SOI.
(1) The SOI, as the chief selecting official, must sign approval
for all premium pay inmate selections. This authority may not be
delegated below the level of Acting SOI.
(2) The selected candidate(s) are notified by the FPI Manager or by
a posted list on the FPI bulletin board. A record of the selection and
who was on the selection board is kept for documentation purposes. An
inmate nominated to be a premium pay inmate may refuse the appointment
without prejudice.
(c) [Reserved]
(d) Pay Rate. Premium pay inmates receive a specified amount over
and above all other pay and benefits to which they may be entitled
(e.g., longevity pay, overtime, piecework rates, etc.). Premium pay is
also paid for vacation, holiday, and administrative hours.
(e) Duties of Premium Pay Inmates. Premium pay is a means of
recognizing the value of those traits supportive of morale and good
institutional adjustment. It is not a form of bonus or incentive pay
for highly productive inmates.
(f) Transfer Status Of Premium Pay Inmates. Premium pay status may
not be transferred from institution to institution with the inmate
worker. Premium pay status must be earned at each location.
(g) Removals From Premium Pay Status. Removal from premium pay
status may occur for failure to demonstrate the premium pay selection
traits or for failure to abide by the inmate worker standards set forth
in this policy. All removals from premium pay status shall be
documented on the inmate's evaluation form. The following conditions
also may result in removal from premium pay status:
(1) Any premium pay inmate found to have committed any level 100 or
200 series offense by the DHO is automatically removed from premium pay
status whether or not the offense was FPI-related.
(2) Inmates absent from work for more than 30 consecutive calendar
days may be removed from premium pay status by the SOI.
Sec. 345.53 Piecework rates.
Piecework rates are incentives for workers to strive for higher pay
and production benefiting both the worker and FPI. Piecework rates may
be of two major types: individual piecework (in which an individual's
pay goes up or down depending upon his/her own output) or Group Wage
Fund (in which all members of a group strive for higher rates or
production output as a unit, and all share in a pool of funds
distributed among work group members equally).
Sec. 345.54 Overtime compensation.
An inmate worker is entitled to overtime pay at a rate of two times
the hourly or unit rate for hourly, individual, and group piecework
rate workers, when the total hours worked (including administrative
pay) exceed the FPI factory's regularly scheduled workday. Hours worked
on days other than the scheduled work week (e.g., Saturday) shall be
compensated at the overtime rate.
Sec. 345.55 Longevity pay.
(a) Except as provided in paragraph (b) of this section, an inmate
earns longevity pay raises after 18 months spent in FPI work status
regardless of whether or not the work was continuous. The service may
have occurred in one or more FPI factories or shops. An inmate
qualifies for longevity pay raises as provided in the table below:
Length of Service With FPI
After 18 months of service and payable in the 19th month
After 30 months of service and payable in the 31st month
After 42 months of service and payable in the 43rd month
After 60 months of service and payable in the 61st month
After 84 months of service (& more) and payable in the 85th month
Longevity pay allowances shall be added after the wages for each
actual hour in pay status have been properly computed.
(b) Exceptions.
(1) FPI work status during service of a previous sentence with a
subsequent break in custody may not be considered in determining
longevity pay.
(2) An inmate in segregation or who is given a disciplinary
transfer loses any longevity status previously achieved.
(3) An inmate who voluntarily transfers to a non-FPI work
assignment loses any longevity status previously achieved. An inmate
who leaves FPI to enter education, vocational training, or drug abuse
treatment programs, however, generally retains longevity and pay grade
status upon return to FPI, unless the inmate withdraws from those
programs without a good faith effort to complete them. The decision on
whether there was a good faith effort is to be made by the SOI in
concert with the staff member in charge of the program. [[Page 15831]]
Sec. 345.56 Vacation pay.
Inmate workers are granted FPI vacation pay by the SOI when their
continued good work performance justifies such pay, based on such
criteria as quality of work, attendance and punctuality, attentiveness,
and adherence to industry operating regulations. The inmate must submit
a written request for vacation time, ordinarily two weeks in advance of
the requested vacation time. The work supervisor must recommend to the
SOI the vacation time to be taken or paid. Eligibility for vacation pay
must be verified by the Business Office prior to approval by the SOI.
The SOI may declare an inmate ineligible for vacation credit because of
an inmate's unsatisfactory work performance during the month in which
such credit was to occur.
(a) An inmate may take accrued vacation time for visits,
participation in institution programs or for other good reasons at the
discretion of the SOI. Industrial managers should make every reasonable
attempt to schedule an inmate worker's vacations so as not to conflict
with the workforce requirements of FPI factory production schedules and
Inmate Systems Management requirements.
(b) An inmate temporarily assigned to the Industrial detail, e.g.,
on construction details, also earns vacation credit which he or she
must take or be paid for at the end of the temporary assignment.
(c) An inmate must take and/or be paid for vacation credit within
sixty days after each annual eligibility date of the inmate's most
recent date of assignment to FPI. An inmate who elects not to take
vacation time must indicate this in writing. That inmate shall receive
pay for the annual vacation credit in a lump sum on the regular monthly
payroll. This amount is ordinarily paid within sixty days after the
annual eligibility date of the inmate's most recent date of assignment
to FPI. An inmate whose employment is terminated by release,
reassignment, transfer, or other reasons, and who has unused vacation
credit shall be paid for this credit on the monthly payroll.
Sec. 345.57 Administrative pay.
An inmate excused from a job assignment may receive administrative
pay for such circumstances as a general recall for an institution,
power outages, blood donations, or other situations at the discretion
of the SOI. Such pay may not exceed an aggregate of three hours per
month.
Sec. 345.58 Holiday pay.
An inmate worker in FPI work status shall receive pay at the
standard hourly rate, plus longevity where applicable, for all Federal
holidays provided the inmate is in work status on the day before and
the day after the holiday occurs. Full-time workers receive one full
day's pay. Part-time workers receive one-half day's pay.
Sec. 345.59 Inmate performance pay.
Inmate workers for FPI may also receive Inmate Performance Pay for
participation in programs where this award is made. However, inmate
workers may not receive both Industries Pay and Performance Pay for the
same program activity. For example, an inmate assigned to a pre-
industrial class may not receive FPI pay as well as inmate performance
pay for participation in the class.
Sec. 345.60 Training pay.
Inmates directed by the SOI to take a particular type of training
in connection with a FPI job are to receive FPI pay if the training
time occurs during routine FPI factory hours of operation. This does
not include ABE/GED or pre-industrial training.
Sec. 345.61 Inmate earnings statement.
Each inmate worker in FPI shall be given a monthly earnings
statement while actively working for FPI.
Sec. 345.62 Inmate accident compensation.
An inmate worker shall be paid lost-time wages while hospitalized
or confined to quarters due to work-related injuries (including
occupational disease or illnesses directly caused by the worker's job
assignments) as specified by the Inmate Accident Compensation Program
(28 CFR part 301).
Sec. 345.63 Funds due deceased inmates.
Funds due a deceased inmate for work performed for FPI are payable
to a legal representative of the inmate's estate or in accordance with
the law of descent and distribution of the state of domicile.
Sec. 345.64 Referral of releasable medical data to FPI staff.
The SOI is responsible for ensuring that appropriate releasable
information pertaining to an inmate's medical limitation (e.g., back
injury) is made available to the FPI staff member who directly
supervises the assignment.
Sec. 345.65 Inmate medical work limitation.
In addition to any prior illnesses or injuries, medical limitations
also include any illness or injury sustained by an inmate which
necessitates removing the ill worker from an FPI work assignment. If an
inmate worker is injured more than once in a comparatively short time,
and the circumstances of the injury suggest an awkwardness or
ineptitude which in turn indicates that further danger exists, the
inmate may be removed to another FPI detail or to a non-FPI detail.
Sec. 345.66 Claims limitation.
Claims relating to pay and/or benefits must occur within one
calendar year of the period of time for which the claim is made. Inmate
claims submitted more than one year after the time in question require
the approval of the Assistant Director before an inmate may receive
such pay and/or benefit.
Sec. 345.67 Retention of benefits.
(a) Job Retention. Ordinarily, when an inmate is absent from the
job for a significant period of time, the SOI will fill that position
with another inmate, and the first inmate will have no entitlement to
continued FPI employment.
(1) For up to the first 30 days when an inmate is in medical idle
status, that inmate will retain FPI pay grade status, with suspension
of actual pay, and will be able to return to FPI when medically able,
provided the absence was not because of a FPI work-related injury
resulting from the inmate's violation of safety standards. If the
medical idle lasts longer than 30 days, was not caused by a violation
of safety standards, and the unit team approves the inmate's return to
FPI, the SOI shall place that inmate within the top ten percent of the
FPI waiting list.
(2) Likewise, for up to the first 30 days when an inmate is in
Administrative Detention, that inmate may retain FPI pay grade status,
with actual pay suspended, and will be able to return to FPI, provided
the inmate is not found to have committed a prohibited act. If
Administrative Detention lasts longer than 30 days, and the inmate is
not found to have committed a prohibited act, and the unit team
approves the inmate's return to FPI, the SOI shall place that inmate
within the top ten percent of the FPI waiting list.
(3) An inmate in Administrative Detention, and found to have
committed a prohibited act, may return to FPI work status at the
discretion of the SOI.
(4) If an inmate is injured and absent from the job because of a
violation of FPI safety standards, the SOI may reassign the inmate
within FPI or recommend that the unit team reassign the inmate to a
non-FPI work assignment. [[Page 15832]]
(5) If an inmate is transferred from one institution to another for
administrative (not disciplinary) reasons, and the unit team approves
the inmate's return to FPI, the SOI shall place that inmate within the
top ten percent of the FPI waiting list.
(b) Longevity and vacation credit. Ordinarily, when an inmate's FPI
employment is interrupted, the inmate loses all accumulated longevity
and vacation credit with the following exceptions:
(1) The inmate retains longevity and vacation credit when placed in
medical idle status, provided the medical idle is not because of a FPI
work-related injury resulting from the inmate's violation of safety
standards. If the medical idle results from a FPI work-related injury
where the inmate was not at fault, the inmate also continues to earn
longevity and vacation credit.
(2) Likewise, the inmate retains, and continues earning for up to
30 days, longevity and vacation credit if placed in Administrative
Detention, provided the inmate is not found to have committed a
prohibited act.
(3) The inmate retains, but does not continue earning, longevity
and vacation credit when transferring from one institution to another
for administrative (not disciplinary) reasons, when absent from the
institution on writ, or when placed in administrative detention and
found to have committed a prohibited act.
(c) Pay grade retention. Ordinarily, when an inmate's FPI
employment is interrupted, that inmate is not entitled to retain his or
her pay grade, with the following exceptions.
(1) An inmate retains pay grade status, with actual pay suspended,
for up to 30 days in Administrative Detention. However, the inmate is
not reimbursed for the time spent in detention.
(2) Likewise, an inmate retains pay grade status for up to 30 days
while absent from the institution on writ, with actual pay suspended.
The SOI may approve pay grade retention when an inmate is on writ for
longer than 30 days on a case-by-case basis.
(3) If an inmate is absent because of a FPI work-related injury
where the inmate was not at fault, the inmate retains his or her pay
grade, with actual pay suspended.
Subpart G--Awards Program
Sec. 345.70 General.
FPI provides incentive awards of various types to inmate workers
for special achievements in their work, scholarship, suggestions, for
inventions which improve industry processes or safety or which conserve
energy or materials consumed in FPI operations, and for outstanding
levels of self-development.
Sec. 345.71 Official commendations.
An inmate worker may receive an official written commendation for
any suggestion or invention adopted by FPI, or for any special
achievement, as determined by the SOI, related to the inmate's
industrial work assignment. A copy of the commendation is to be placed
in the inmate's central file.
Sec. 345.72 Cash bonus or cash award.
An inmate worker may receive a cash bonus or cash award for any
suggestion or invention which is adopted by FPI and produces a net
savings to FPI of at least $250.00. Cash awards shall be one percent of
the net estimated savings during the first year, with the minimum award
being $25.00, and the maximum award being $1,000.00.
Sec. 345.73 Procedures for granting awards for suggestions or
inventions.
Inmate suggestions for improvements in operations or safety, or for
conservation of energy or material, must be submitted in writing.
(a) The inmate's immediate supervisor shall review the suggestion
and forward it with comments and award recommendation to the SOI.
(b) The SOI shall ensure that all inmate suggestions and/or
inventions formally submitted are considered for incentive awards by a
committee comprised of Industries personnel designated by the SOI.
(1) The committee is authorized to award a cash award of up to
$100.00 or an equivalent gift not to exceed $100.00 in value to an
inmate whose suggestion has been adopted. A recommendation for an award
in excess of $100.00 shall be forwarded to the Assistant Director for a
final decision.
(2) The committee shall forward all recommendations for awards for
inventions through the SOI to the Warden. The Warden may choose to add
his or her comments before forwarding to the Assistant Director for a
final decision.
(3) Incentive awards are the exclusive methods for recognizing
inmates for suggestions or inventions.
Sec. 345.74 Awards for special achievements for inmate workers.
While recognition of inmate worker special achievements may
originate from any FPI staff member, the achievement ordinarily will be
submitted in writing by the inmate's immediate supervisor.
(a) The SOI shall appoint a local institution committee to consider
inmates for special achievement awards.
(b) The committee shall forward its recommendations to the SOI, who
is authorized to approve individual awards (cash or gifts) not to
exceed $100 in value. A recommendation for an award in excess of $100
(cash or gifts) shall be forwarded, with the Superintendent's
recommendation and the justification for it, through the Warden to the
Assistant Director. The Warden may submit comments on the
recommendation.
Subpart H--FPI Inmate Training and Scholarship Programs
Sec. 345.80 General.
As earnings permit, FPI provides appropriate training for inmates
which is directly related to the inmate worker's job assignment.
Additionally, FPI administers a scholarship program to provide inmates
with an opportunity to begin, or to continue with business and industry
courses or vocational training.
(a) An applicant for FPI-funded training programs should be
evaluated to determine sufficient interest and preparation to
successfully complete the course content. The evaluation may be done by
the Education Department, unit team, or other qualified personnel.
(b) An inmate selected to participate in FPI-funded training
programs ordinarily must have enough sentence time remaining to serve
to complete the training.
Sec. 345.81 Pre-industrial training.
FPI encourages the development and use of pre-industrial training
programs. Such training ordinarily provides benefits to the inmate and
to the FPI factory. Pre-industrial training also provides an additional
management tool for replacing inmate idleness with constructive
activity. Accordingly, each FPI factory location may provide a pre-
industrial training program.
(a) Pre-industrial program trainees shall ordinarily begin at the
entry level pay grade (grade 5). Positions for pre-industrial training
programs are filled in the same manner as other grade five positions.
(b) Pre-industrial training is not a prerequisite for work
placement if the inmate already possesses the needed skill.
(c) If pre-industrial training is available and the worker has not
completed both the skill training and orientation phases of pre-
industrial training, the inmate should be put into the first available
training class.
(d) When pre-industrial training is not available, new FPI
assignees will receive [[Page 15833]] on-the-job training in pre-
industrial pay status for a period of at least 30 days before being
promoted into available fourth grade jobs.
Sec. 345.82 Apprenticeship training.
FPI provides inmate workers with an opportunity to participate in
apprenticeship training programs to the extent practicable. Such
programs help prepare workers for post-release employment in a variety
of trades. Apprentices are given related trades classroom instruction
in addition to the skill training during work hours, where necessary.
Sec. 345.83 Job safety training.
FPI provides inmates with regular job safety training which is
developed and scheduled in coordination with the institution Safety
Manager. Participation in the training shall be documented in a safety
training record signed by the inmate.
Sec. 345.84 The FPI scholarship fund.
FPI shall award post-secondary school scholarships to selected,
qualified inmate workers. These scholarships provide an inmate with the
opportunity to begin or continue with business and industry courses or
vocational training as approved and deemed appropriate by the
Supervisor of Education.
(a) Eligibility Requirements. The SOI and the Supervisor of
Education at each institution shall develop application procedures to
include, at a minimum, the following criteria:
(1) The inmate shall be a full-time FPI worker.
(2) The inmate has a favorable recommendation for participation
from his or her work supervisor.
(3) The inmate meets all relevant institution requirements for
participation (e.g. disciplinary record, custody level).
(4) The inmate is accepted by the institution of higher learning
offering the course or program which is requested.
(5) The inmate must maintain a verifiable average of ``C'' or
better to continue program eligibility.
(6) Before beginning the course of study, the inmate must sign an
agreement to provide the SOI with an unaltered, original copy of his or
her grades.
(b) Scholarship Selection Procedures. FPI scholarship awards shall
be made by a three member Selection Committee comprised of the SOI, the
Supervisor of Education, and one other person designated by the SOI.
(c) Scholarship Program Operation.
(1) Ordinarily, one scholarship may be awarded per school period
for every fifty workers assigned. At least one scholarship may be
awarded at each institution location, regardless of the number of
inmates assigned.
(2) Individual scholarships ordinarily should not exceed the cost
of tuition and books for one course. Where several courses may be taken
for the same cost as one, the inmate worker may be allowed to take more
than one course.
(3) Scholarship monies are to be paid only to the institution
providing instruction, or to the Education Department for transfer of
funds to the college, university, or technical institution providing
instruction.
(4) An inmate may not receive more than one scholarship per school
period.
(5) An inmate must maintain at least a ``C'' average to be
continued as eligible for further assistance. An inmate earning less
than ``C'' must wait one school period of eligibility before reapplying
for further assistance. Where a course grade is based on a ``pass/
fail'' system, the course must be ``passed'' to be eligible for further
assistance.
(6) An inmate awarded a correspondence course must successfully
complete the course during a school year (e.g., 2 semesters, 3
quarters).
(7) An inmate receiving scholarship aid must have approval from the
SOI and the Supervisor of Education before withdrawing from classes for
good reason. An inmate withdrawing or ``dropping'' courses without
permission shall wait one school year before applying for further
scholarship assistance. An inmate may withdraw from courses without
penalty for medical or non-disciplinary administrative reasons such as
transfer, writ, release, etc., without first securing permission,
although withdrawals for medical reasons must be certified in writing
by the Hospital Administrator.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 545--WORK AND COMPENSATION
2. The authority citation for 28 CFR part 545 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621, 3622,
3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses
committed on or after November 1, 1987), 4126, 5006-5024 (Repealed
October 12, 1984 as to offenses committed after that date), 5039; 28
U.S.C. 509, 510; 28 CFR 0.95-0.99.
Subpart E [Removed]
Subpart F [Removed]
Subpart G [Removed]
3. In 28 CFR part 545, subpart E, consisting of Secs. 545.40
through 545.43, subpart F, consisting of Secs. 545.50 through 545.56,
and subpart G, consisting of Secs. 545.60 through 545.64, are removed.
[FR Doc. 95-7463 Filed 3-24-95; 8:45 am]
BILLING CODE 4410-05-P
