13-019 Code Vt. R. 13-130-019-X

Current through August, 2024

Section 13 130 019 - OFFENDER WORK PROGRAMS FOR THE PUBLIC GOOD

FINAL PROPOSED OFFENDER WORK PROGRAM RULE

SUBJECT: Offender Work Programs for the Public Good

NUMBER:

SIGNATURES:

DATES: October 8, 1996

Section I AUTHORITY

V.S.A. , Title 28, Sections 1, 751 and 752.

Section II PURPOSE

This policy defines the nature, role and purpose of Offender Work Programs within the Department of Corrections. It identifies the limited markets for goods and services that exist for Offender Work Programs and establishes the criteria for the use of offender labor funds used by Offender Work Programs involving sentenced populations housed inside correctional facilities as well as those sentenced populations housed in the community.

Section III APPLICABILITY/ACCESSIBILITY

All individuals and entities affected by the operations of the Department of Corrections. Anyone may have a copy of this policy.

Section IV DEFINITIONS

A. Offender - Any person convicted of a crime or offense under the laws of the state.

B. Offender Work Programs - Any work activity or program managed by the Department of Corrections which governs offender labor.

C. Offender Labor - Assigned Offender Work Program labor performed by offenders either inside secure facilities or within the community while under the custody of the Commissioner.

D. Limited Markets - The markets to which the sale of offender produced goods or services are limited by state statute, those being to the federal government, to any state or subdivision of the state, or to any nonprofit organization which is exempt from federal or state income taxation, subject to federal law, to the laws of the recipient state and to the rules of the department.

E. Public Good - Overall benefit to the interests and well being of the citizens of the state in light of all the social and economic costs and benefits.

Section V POLICY STATEMENT

The Department of Corrections adheres to the fundamental belief that Offender Work Programs are a necessary and key component in the successful day to day management of sentenced populations and in carrying out of the Department's mission to serve and protect the people of Vermont. Offender Work Programs help develop a skilled work force, teach pro-social values and work habits, and provide quality goods and services. Offender Work Programs have a dramatic effect on reducing recidivism. Furthermore, they provide a mechanism by which offenders may make direct amends and restitution for harm done by adding value back to communities.

In order to assure that the public good is served and the intent of the policy maintained, the Commissioner of the Department of Corrections shall appoint a Director of Offender work Programs. The Department of Corrections shall utilize revolving funds to account for all revenues and expenditures which are not associated with the general fund but are associated with the sale of goods and services produced by offender labor. Accounting mechanisms shall be developed which keep all revolving fund monies and budgets separate from general funds.

The Director of Offender Work Programs shall recommend to the Commissioner or his designees appropriate Department Directives for the purpose of implementing this policy. At a minimum, these Directives shall include:

1.) Vermont Correctional Industries

2.) Caladonia County Work Camp

3.) Community Work Service

4.) Inmate Employment Policy

5.) Inmate Workers Compensation

6.) Inmate Wage Plan

7.) Work Release

8.) Residents Working for Staff

9.) Occupational Risk Management and Safety

10.) Training and Apprenticeship Programs

11.) Working with the Private Sector

12.) Post-Incarceration Job Placement

Section VI REFERENCES

Please see:

1.) Vermont Constitution, Chapter 11, Title 64.

2.) V.S.A., Title 28, Sections 1, 751 and 752

3.) Position Paper Regarding Vermont Department of Corrections Offender Work Programs and the Use of Offender Labor to Benefit the People of Vermont; Drafted by J. Robert Senning, Director of Offender Work Programs.

13-019 Code Vt. R. 13-130-019-X

Effective Date: May 24, 1997 (Secretary of State Rule Log #97-18)

Statutory Authority: 28 VSA §§ 1, 751, 752