MARICOPA COUNTY SHERIFF S OFFICE POLICY AND PROCEDURES Subject Related Information ARS 31-144 CP-8, Preventing Racial and Other Bias-Based Profiling DG-3, Food Services Section Safety and Sanitation DI-1, Inmate Housing Categories DJ-6, Inmate Drug Testing DK-2, Inmate Telephone System DK-3, Inmate Visitation DM-2, Computation of Projected Release Dates DP-6, Inmate Legal Services PURPOSE INMATE WORK PROGRAM Supersedes DM-1 (10-03-06) The purpose of this Office Policy is to establish guidelines for the Inmate Work Program. POLICY Policy Number DM-1 Effective Date 09-18-18 It is the policy of the Office to ensure that state law and confinement orders from a court are followed. The courts determine whether an inmate is eligible to receive double-time credit and/or credit for time served. The Office establishes guidelines for fully-sentenced inmates participation in the Inmate Work Program. The Office has also elected to use inmate labor to perform functions around Maricopa County which may save taxpayer money. DEFINITIONS Double-Time Credit (Two-For-One): A method of release computation which results in an inmate receiving two days credit for each one day that he has participated in an approved work program, as specified in Arizona Revised Statute 31-144. Fully-Sentenced Inmate: An inmate serving one or more sentences with no unadjudicated criminal charges or external agency holds. This does not preclude an inmate from pursuing a civil case. See Pro Se Inmate definition. Mosaic Program: A six-week intensive treatment program for inmates with severe substance dependence disorders, moderate to severe mental health conditions, and inmates who have a moderate to high risk of recidivism. The inmates participating in the Mosaic Program are housed together and participate in professionally led, evidence based programming, and participate in facilitated therapeutic activities. On-Site Regular Video Visit: A regular video visit conducted through the use of a visitor video terminal at the Lower Buckeye Jail or the 4 th Avenue Jail, and a video terminal located in the inmate s housing unit. Partially-Sentenced Inmate: An inmate serving one or more sentences with unadjudicated charges or holds. Pro Se Inmate: An inmate representing himself in a civil suit against government entities over conditions of confinement and other civil rights issues or civil matters filed against the inmate in which he is named respondent. Pro Se inmates are not entitled to advisory legal counsel.
Remote Regular Video Visit: A regular video visit conducted over the Internet through the use of a visitor s home computer or other electronic device, and a video terminal located in the inmate s housing unit. Sentence: A period of incarceration ordered to be served in the Maricopa County Jail, imposed either as an order of confinement or as a term of probation. This Office Policy does not address periods of incarceration ordered served in institutions, other than the Maricopa County Jail. Unsentenced Inmate: A pretrial detainee who has one or more charges or holds, for which he has not been sentenced. PROCEDURES 1. Duties of the Workbox Unit and Detention Personnel at the Jail Facilities: Employees of the Workbox Unit, in conjunction with detention personnel, shall maintain the Inmate Work Program by coordinating inmate work assignments within the jail facilities and, where applicable, outside of the jail facilities. A. On a daily basis, detention personnel shall be responsible for the following: 1. Supervising working inmates; 2. Distributing copies of the current Inmate Work Roster to each affected housing area and work assignment, as required; 3. Ensuring that inmates report to their appropriate work assignments. The current date and work hours shall be indicated on the Inmate Work Roster; 4. Housing working inmates according to their job assignments or work hours, when feasible; 5. Notifying the Workbox Unit of conditions which would preclude an inmate from working and forwarding the required paperwork; and 6. Assigning or re-assigning fully sentenced inmates to or from the Mosaic Program housing locations, at the direction of Correctional Health Services (CHS). B. On a daily basis, Workbox Unit personnel shall be responsible for the following: 1. Establishing and maintaining inmate work records for all fully-sentenced inmates; 2. Obtaining, through the Jail Management System (JMS), a list of projected inmate release dates and processing the Commitment Files of those inmates who are to be released; 3. Updating JMS with current projected release dates for fully-sentenced inmates. Confinement orders issued by the sentencing courts shall be used as the basis for the calculations of inmate release dates; 4. Assigning jobs to eligible inmates; 5. Generating transfer messages for fully-sentenced inmates between facilities, as necessary; 2
6. Preparing accurate daily Inmate Work Rosters by printing out headcount rosters, using the Inmate Funds/Canteen System (IF/CS), which prints the inmate s job directly onto the roster; and 7. Retaining Inmate Work Rosters for 90 days and then forwarding them to the Sheriff s Office Records Retention Facility for storage. 2. Work Program Guidelines: The Inmate Work Program is only available to fully-sentenced inmates. A. Fully-sentenced inmates are required to participate in the Inmate Work Program to the extent allowed by the inmate s physical and custodial limitations. 1. Standard privileges will be afforded to all working inmates unless prohibited due to administrative sanctions or restrictions. 2. Inmates having infirmities which prevent participation in the Inmate Work Program shall be exempt from working. The exemption shall be authorized by CHS staff. Inmates who are exempt shall be afforded all standard privileges. 3. Inmates in the Mosaic Program shall be exempt from working while housed and participating in the Mosaic Program. 4. Fully-sentenced inmates who refuse to work or have been removed from a work program for other than infirmity reasons, shall be placed on administrative, no-work status. Reduction in privileges for non-working inmates include, but are not limited to, the following: a. Inmates will have reduce/restricted day room access. b. Inmates shall only be permitted one On-Site Regular Video Visit and one Remote Regular Video Visit within a seven day period. Privileged visits shall be permitted, as specified in Office Policy DK-3, Inmate Visitation. c. Inmates shall not receive charge-a-call access. Legal calls shall be permitted, as specified in Office Policy DK-2, Inmate Telephone System. d. Inmates shall be permitted to attend only one religious service during a seven day period. e. Inmates shall not be allowed to order canteen items, with the exception of writing supplies and personal hygiene products. f. Inmates shall not be allowed access to televisions. g. Inmates shall not be permitted to take part in any program, but will be eligible for Inmate Library Services. Pro Se inmates shall also be entitled to Inmate Legal Services, as specified in Office Policy DP-6, Inmate Legal Services. B. If it is determined that an inmate s current work assignment may be inappropriate, a supervisor can request Workbox Unit personnel place the inmate in another job assignment. Job assignments cannot be changed to address disciplinary issues or poor job performance. 3
C. Unsentenced and partially-sentenced inmates are not required to work but may volunteer to do so. These inmates shall only work within the confines of a secure jail facility and shall not have access to the community or any public places. Unsentenced and partially-sentenced inmates shall be closely supervised by detention personnel and are prohibited from accruing double-time credit or applying it toward the reduction of any future sentence. D. Work assignments shall be based on security level, fully sentenced status, medical conditions, and disciplinary history. Race or other factors are prohibited and shall not be considered for inmate work assignments, as specified in Office Policy CP-8, Preventing Racial and Other Bias-Based Profiling. E. Inmate working conditions and equipment shall comply with all applicable federal, state, and local work safety laws and regulations. F. Inmates participating in the Inmate Work Program shall be required to maintain an acceptable level of personal hygiene. Inmates hair, body, and clothing shall be kept neat, clean, and odor free. G. Inmates assigned to work in the Office s abused animal care units shall be allowed to carry a clean, full set of clothes and water bottle to and from their shift in order to maintain personal hygiene and health standards. H. Inmates shall receive a medical assessment prior to their work assignments. Inmates involved in the preparation of food will work in accordance with applicable health regulations, and shall be monitored each day by detention personnel and food service staff for health and cleanliness, as specified in Office Policy DG-3, Food Services Section Safety and Sanitation. I. Inmates may be administratively removed from, or prohibited from participating in, the Inmate Work Program by a division commander, or his designee, either permanently or temporarily, for reasons of security, order, or safety. Other administrative sanctions may include revoking any or all accrued double-time credits, and/or prohibiting the accrual of any or all future double-time credits. Inmates who have disciplinary sanctions imposed which result in restrictions shall remain in the Inmate Work Program, unless, and until, administratively removed. Those removed shall be housed in general population, as specified in this Office Policy. Any removal or prohibition of an inmate from the Inmate Work Program shall be fully documented in a Disciplinary Action Report (DAR), a Jail Commander Notification form (JCN), and an Administrative No Work Report. Detention personnel shall place a copy of the DAR, JCN, and Administrative No Work Report in the Jail File and fax a copy to the Workbox Unit who shall be responsible for placing a copy of the documentation in the Commitment File. An inmate may be removed or prohibited from participating in the Inmate Work Program for any of the following reasons: 1. Criminal or behavioral misconduct which threatens jail security or inmate safety, and results in disciplinary, security, or administrative restrictive housing. These inmates shall be assigned to applicable housing, as specified in Office Policy DI-1, Inmate Housing Categories; 2. Unsatisfactory performance for the requirements of the job assignment. These inmates may be assigned to a nonworking housing unit, as specified in this Office Policy; 3. Refusing to submit to random drug testing, or having a positive drug test result, as specified in Office Policy DJ-6, Inmate Drug Testing; 4
4. The request of the inmate; 5. Medical reasons, as determined by CHS staff; 6. Refusing to maintain an acceptable level of personal hygiene; or 7. A determination by the Inmate Classification Division that an inmate is an escape risk; these inmates shall not be afforded the privileges granted to working inmates. Escape risks include, but are not limited to, those inmates who: a. Have a prior history of escapes or escape attempts. b. Have been previously classified as, or determined to be, an escape risk by this, or any other agency. 3. Double-Time Credit: Some inmates may be eligible for double-time credit toward the reduction of their sentences. The guidelines for determining who is eligible for double-time credit and the computation of release dates, are specified in Office Policy DM-2, Computation of Projected Release Dates. The Sheriff, or his designee, may declare all or part of the earned double-time credit forfeited when the inmate is found guilty of a breach of trust or security. An inmate s refusal to submit to random drug testing, or a positive drug test result shall also result in the forfeiture of double-time credits, as specified in Office Policy DJ-6, Inmate Drug Testing. 4. Inmate Work Assignments: The Office uses working inmates for various functions, both within the jail facilities and at outside locations. These functions have been prioritized to ensure that essential assignments are adequately staffed with working inmates on a continuing basis. Security limitations have been set to provide for the safety of the public, staff, and other inmates, and the secure control of the working inmates. Each job assignment shall be allocated a specific number of working inmate positions. Any change to these allocated positions must be approved by the Workbox Unit Supervisor. Job assignment priorities are set to meet Office requirements first, and then to fill other Maricopa County requests. 5. Inmate Identification: Inmates color-coded identification (ID) wristbands must be prominently displayed during all scheduled work assignments. A. Sentenced working inmates shall wear orange inmate uniforms with MCSO stenciled in black ink, on the back of the uniform shirt. B. Unsentenced inmates shall wear orange inmate uniforms with MCSO UNSENTENCED stenciled in black ink, on the front and back of the uniform shirt. C. Juvenile inmates shall wear the MCSO - issued orange clothing with yellow sleeves. 5