PURPOSE OF ORDER:
The purpose of this unit order is to establish procedures for the Conservation Work Program (CWP).
SCOPE OF ORDER:
This order shall apply to all personnel assigned to Population Management Bureau
(PMB).
Overview
The CWP will award inmates who are sentenced to time in County Jail ("County time") or sentenced to time in prison to be served in County Jail under Penal Code 11?0(h), additional time credits for participating in an in-custody work or job training program pursuant to Penal Code section 4019.1(a), in lieu of the traditional credits as outlined in Penal Code section 4019. Pre-sentenced inmates are also eligible to participate, but will not earn the additional credits until they are sentenced.
The CWP is designed to reduce jail violence and recidivism, increase inmate productivity, and improve safety within the Custody Division. The program will require inmates to complete their adjusted sentence while working in various job classifications, giving them the skills and work discipline necessary to increase their chances of success once released.
Inmate Work Program Philosophy
Inmate workers fulfill a multitude of functions for the cleanliness and upkeep of the jail facilities. These functions teach work skills and Activities of Daily Living (ADLs), a term used in healthcare to refer to people's daily self-care activities. Health professionals often use a person's ability or inability to perform ADLs as a measurement of their functional status, particularly in regard to people with disabilities and the elderly.
Inmate Worker Philosophy
More meaningfully, inmate workers engage in Instrumental Activities of Daily Living (IADLs). These IADLs are not necessary for fundamental functioning, but teach skills that allow individuals to live independently in their communities. Common IADLs include household tasks, serving meals, meal cleanup, preparing simple foods, telephone usage, laundry sorting, laundry distribution, basic building maintenance, and landscaping.
Quality of Life Assistance
Inmate peers may use a number of different ways to assist other inmates if appropriate and approved. Inmates may find it easier to learn a particular task if they are assisted by inmate worker peers in the place where the task will usually be done. Inmate worker peers will assist in tasks with step-by-step instructions. Often, dividing a task into small steps and helping one step at a time can make it easier for an inmate to learn the whole activity.
Identifying Inmate Workers
The PPO personnel at PMB will identify current jobs at each facility which may qualify for the CWP, and inmate workers that do not qualify for the CWP. All inmates will be made aware of the programs through inmate orientation and town hall meetings.
Representatives of PPO shall visit housing locations where inmates with mobility, visual and hearing impairments are assigned, at least once per month, to invite participation in inmate work programs.
Inmates requesting admission into the program shall complete an Inmate Request Form (SH-J-420.) The form will be forwarded to PPO personnel from each facility's Grievance Team who will collect and scan the request into the Custody Automated Report Tracking System (CARTS). PPO personnel shall maintain data about applicants with mobility, visual and hearing impairments including, but not limited to, the reason they were denied, if any.
Evaluation and Review
The Program Placement Team (PPT), Community Transition Unit (CTU), PMB Classification Unit, and each facility's PPO office shall maintain statistical data and prepare detailed reports to be reviewed regularly by the PMB Data Analysis Team. The reports shall include, but are not limited to, the number of screened applicants, ADA applicants, security levels, disqualification reasons, number of participants currently enrolled in the program, number of days active in the program, and any Inmate Report Tracking System (IRTS) with Discipline Review Board (ORB) decisions. The data collected will be used to track the participants' progress, utilization of services, program compliance or non-compliance, as well as analyze and monitor the inmates' progress in order to improve services, overall productivity, and reduce recidivism.
Qualifying Guidelines for Additional Credits
In order to earn CWP credits, the following eligibility requirements shall be met for participation:
Those inmates who meet the qualifying criteria shall be placed on an approved list for available job placement. Inmates who are disqualified at a particular facility may qualify for a job at another facility. A list of disqualified inmates shall be forwarded to CWP personnel for further review and possible job placement at another facility.
Disqualifying Guidelines for Participation
The following list is intended to define the disqualification guidelines which will preclude an inmate from participating in the CWP.
187 PC*** Murder
192 PC*** Manslaughter
203 PC*** Mayhem
207 PC*** Kidnapping
211 PC*** Robbery
212.5 PC*** 1st & 2nd Degree Robbery
215 PC Carjacking
245 PC*** Assault with a Deadly Weapon
246.3 PC Discharge of Firearm
261 PC*** Rape
261.5 PC*** Unlawful Sex with Minor
262 PC*** Spousal Rape by Force Violence/Fear
273(0) PC Corporal Injury to Child
273.6 PC*** Viol. of Restraining Order/Intentional
288 PC *** (SVP's) Child Molestation
290 PC*** Sex Offender Registration Act
422 PC*** Terrorist/ Criminal Threats
646.9 PC*** Stalking
647.6 PC*** Annoying or Molesting Children
(***) indicates all subsections of the charge
The following list of charges do not automatically disqualify an inmate from participating in the CWP, but shall be vetted by PPO personnel on a case by case basis. Inmates with the following charges shall only be considered for assignments within security and not be considered for assignments outside of security:
Inmates with Medical or Mental Health Needs
If an inmate, per custody hiring criteria, is otherwise eligible for work, the inmate's mental health diagnosis or prescription for medication shall not preclude that inmate from participating in said programming. When an inmate is disqualified by medical or mental health personnel for medical or mental health reasons, custody personnel in charge of hiring inmate workers shall maintain records that indicate the name and date of the medical or mental health personnel who disqualified the inmate from working. It shall be the responsibility of medical and mental health personnel to document the medical or mental health reason (e.g., open wounds, medical condition, delusional, mental incompetency, etc.) for disqualifying an inmate from work status.
Inmate Worker Assignments
The following list is representative of possible Conservation Work Programs that are available for all inmates, including inmates with disabilities. Actual assignments vary by facility and need. Reasonable accommodations shall be made to enable inmates with disabilities to participate.
Inmate Incidents, Discipline and Grievance Procedures
Any inmate that is subjected to disciplinary action which results in their removal from the program will only be awarded time credits for the time the inmate participated in the program. Inmates, who are removed from the program due to their failure to conform to the institutional rules, shall be handled in accordance with COM section 5-09/010.00, "Inmate Discipline," and COM section 5-09/040.00, "Disciplinary Review Process." Additionally, any inmates removed from the PMP for disciplinary reasons will be advised at their Disciplinary Review Board (ORB) hearing of the potential for the loss of earned work time/good time credits. Refer to COM section 5- 09/090.10, "Loss of Credits Earned."
Sergeants conducting the ORB shall ensure that the inmate is advised of their right to appeal the revocation of loss credits. If the inmate requests an appeal, the Restrictive Housing Panel (RHP) shall convene and review the inmate's credit appeal.
Post Discipline Review
Inmates who were removed from the CWP due to minor rule violations may be re evaluated after 30 days to return to the program. The facility sergeant shall recommend the inmate's re-instatement in or exclusion from programs to the concerned program's lieutenant who will have the final decision.