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HomeMy WebLinkAboutEmployment Release for ResidentsIdaho Department of Correction Standard Operating Procedure Title: Employment Release for Residents Page: 1 of 6 Control Number: 605.02.01.002 Version: 4.0 Adopted: 07/15/2009 Brian Underwood, chief of Probation and Parole, approved this document on 07/03/2024. Open to the public: Yes No SCOPE This SOP applies to all Idaho Department of Correction (IDOC) community release centers (CRCs), correctional facilities with employment-release programs, and any resident who is permitted an employment release. Revision Summary Revision date (07/01/2024) version 4.0: Updated the title from work release to employment release; replaced “inmate” with the term “resident” and provided a definition of “resident.” Changed how van and laundry fees are set yearly by field memo. TABLE OF CONTENTS Scope ........................................................................................................................................ 1 Table of Contents ....................................................................................................................... 1 A. Statutory Authority ............................................................................................................. 2 B. Board of Correction IDAPA Rule ........................................................................................ 2 C. Governing Policy ............................................................................................................... 2 D. Purpose............................................................................................................................. 2 E. Responsibility .................................................................................................................... 2 F. Definitions ......................................................................................................................... 2 G. Standard Procedures ........................................................................................................ 2 1. Introduction ................................................................................................................ 2 2. General Eligibility Criteria ........................................................................................... 3 3. Employment Coordinator Site Visit ............................................................................. 3 4. Documentation Requirements .................................................................................... 3 5. Employers .................................................................................................................. 4 6. Administration of Wages and Fees ............................................................................. 5 7. Financial Obligations .................................................................................................. 5 8. Termination from Employment for Inappropriate Conduct ........................................... 6 Control Number: 605.02.01.002 Version: 4.0 Title: Employment Release for Residents Page Number: 2 of 6 Idaho Department of Correction H. References ........................................................................................................................ 6 A. STATUTORY AUTHORITY 1. Idaho Code § 20-244, Government and Discipline of the Correctional Facility – Rules and Regulations 2. Idaho Code § 20-242, Furlough B. BOARD OF CORRECTION IDAPA RULE None C. GOVERNING POLICY Policy 605, Furlough Program D. PURPOSE The purpose of this standard operating procedure (SOP) is to establish standardized procedures for providing residents employment release opportunities. E. RESPONSIBILITY Facility Heads Facility heads are responsible for implementing this SOP and ensuring staff members adhere to the guidelines provided herein. F. DEFINITIONS Resident: A person who has been convicted of a crime against the laws of the state and ordered into the care and custody of the Board of Correction. Resident includes any use in Idaho law, Board of Correction rule, or IDOC policy or procedure of the terms “offender(s),” “prisoner(s)”, “inmate(s)”, “incarcerated person(s)”, or any other term referring to a person residing in a correctional facility in the care and custody of the Board of Correction. G. STANDARD PROCEDURES 1. Introduction a. The IDOC permits employment release opportunities to assist residents in: i. Preparing for their reentry into society ii. Earning and saving money for release Control Number: 605.02.01.002 Version: 4.0 Title: Employment Release for Residents Page Number: 3 of 6 Idaho Department of Correction iii. Paying IDOC past due cost of supervision (COS) fees iv. Paying child support, restitution or fines, and other court ordered financial obligations b. Normally, employment release is only available at CRCs and Correctional Facilities with employment release programs, such as the Pocatello Women’s Correctional facility (PWCC), South Idaho Correctional Institution (SICI), or Idaho Correctional Institution – Orofino (ICIO). Employment release is a privilege a resident must earn and is not automatically granted. For more detail about employment release furloughs, refer to SOP 605.02.01.001, Furloughs. 2. General Eligibility Criteria a. Residents housed in community reentry centers, or correctional facilities with employment release programs, can be allowed employment away from the facility. The Employment Coordinator (EC) or designee for each facility must approve all employment. To qualify for the employment-release program, the resident must meet the requirements set forth by the IDOC’s Placement Matrix and the following guidelines: i. Comply with the requirements outlined in SOP 605.02.01.001, Furloughs, Section I. 2 Employment Furloughs ii. Complete a pre-employment class and is actively participating in his/her case plan iii. Sign a Waiver of Extradition iv. Sign a Employment Release Agreement v. Sign a Employment Release Hire Sheet upon finding employment b. Residents must abide by the Employment Release Agreement. Employment and job searches are the responsibility of each resident. 3. Employment Coordinator Site Visit The Employment Coordinator (EC) or designee must maintain contact with employers regarding performance and work-related issues and conduct an in-person site visit on each employment release resident every two months. The EC or designee should consider whether the time of visit will be disruptive to the employer or employer’s patrons, such as during a restaurant’s busiest operating hours. The site visits must be documented in the IDOC’s offender management system (OMS). Site visits for those residents on the Expanded CRC Furlough (see SOP 605.02.01.001, Furloughs) are verified by the assigned Probation/Parole Officer. 4. Documentation Requirements Control Number: 605.02.01.002 Version: 4.0 Title: Employment Release for Residents Page Number: 4 of 6 Idaho Department of Correction a. The EC or designee will maintain an employment file for each employment release resident. The file must contain all employment related release documentation (such as the signed Employment Release Agreement, Employer Guidelines, Employment Release Hire Sheet, documents received from the employer, and workers’ compensation forms). The EC or designee must maintain the employment file for two years after the resident has left the facility and then destroy. b. The EC or designee may also maintain a file or binder that contains signed Employer Guidelines from employers who hire multiple residents. These on-going Employer Guidelines must be reviewed annually (or more frequently as needed) to ensure that they are still valid (reviewed to monitor lag time between residents employed at that location or change in supervisors.) 5. Employers a. Employers are required to sign Employer Guidelines before any resident begins working for an employer. The guidelines establish rules for the resident and inform the employer about the resident-related requirements on the job site. The guidelines also explain to employers what to do with payroll, schedule changes, medical emergencies, or a walk- away. The EC or designee must explain the guidelines to each employer and maintain the guidelines in accordance with section 4. b. Employment release residents are not allowed to work more than 60 hours a week or more than 6 days in a row. The minimum required is 32 hours a week unless authorized by the EC or designee. c. Based on the work environment, nature of the business, or employment requirements, the terms and conditions of the work schedule may vary by facility. The facility head or designee must determine the requirements/needs of the facility, employers, and resident accountability and must outline these requirements for residents on employment release. d. Employment release residents are prohibited from attending off-site work functions, for example Christmas parties and summer picnics, unless authorized by the Facility Head or designee. The facility manager may also allow off-site employee recognition events on a case-by-case basis. e. Gift cards from employers must be turned in to the EC or designee. Gift cards will be mailed from the CRC at the resident’s expense. f. Residents are responsible to purchase their own tools or work required items that the employer does not provide. The resident is responsible for the property disposition for those items upon leaving the facility. g. Residents must be paid for training; and off-site training must be requested by the employer in writing and be approved by the EC, facility manager, or designee. Control Number: 605.02.01.002 Version: 4.0 Title: Employment Release for Residents Page Number: 5 of 6 Idaho Department of Correction h. Residents must make at least minimum wage in accordance with the prevailing working conditions and wages of this area and not violate state minimum wage laws. Commission, piece pay, and salary wages are allowed as long as they meet the state minimum wage laws. The residents are not allowed to be paid by 1099 Self- Employment. 6. Administration of Wages and Fees a. All employment-release wages must be sent directly from the employer or from the facility to resident accounts for deposit. This method of payment is expected for all residents except for those residents accepted into the Expanded CRC Furlough Program. Those residents in the Expanded CRC Furlough Program receive their employment compensation by direct deposit. b. Each employment release facility must provide employers with pre-addressed stamped envelopes to mail wages to: Idaho Department of Correction, Inmate Accounts, P.O. Box 83720, Boise, ID 83720-0018. c. Maintenance fees will be automatically deducted at a rate of 35% of the resident’s gross earnings. d. Travel or van fees will be charged to each employment release resident for transportation to and from work, community healthcare services appointments, including community-shopping trips. The van fees, or transportation fees, are set yearly by the Probation & Parole Chief in a separate field memorandum, and the fees may be adjusted on July 1st at the start of each fiscal year. The van or transportation fee will be deducted monthly from the resident’s individual IDOC account. e. In addition to van or transportation fees, residents will be charged laundry fees using the same approach, which is that laundry fees will be set yearly on July 1st by the Probation & Parole Chief and deducted monthly from the individual resident account. Van/transportation and/or laundry fees are not retroactive and are pro-rated during the month, on a weekly basis, based upon when the resident obtains his/her employment release or resident worker status. 7. Financial Obligations a. Employment release residents are required to address debts for court-ordered child support, restitution, or fines, and IDOC past due cost of supervision (COS) fees in accordance with SOP 114.03.03.024, Funds: Inmate. b. If removed from the facility for disciplinary reasons, an employment release resident’s trust account must be suspended to assess and collect any outstanding facility fees or pay any debts accrued while housed at the facility. In addition, up to half of the resident’s trust account can be used to pay court-ordered restitution, fines, and past due COS fees. Control Number: 605.02.01.002 Version: 4.0 Title: Employment Release for Residents Page Number: 6 of 6 Idaho Department of Correction c. Employment release residents are financially responsible for their spending and budgeting. Sending money to an immediate family member or spending on themselves (miscellaneous expenditures, clothing, shopping etc.) must be reasonable and approved by the facility head or designee. Saving for their release should be the primary financial goal of employment release residents. 8. Termination from Employment for Inappropriate Conduct Termination that results from a resident’s inappropriate conduct is subject to disciplinary action. H. REFERENCES 1. Standard Operating Procedure 114.03.03.024, Funds: Inmate 2. Standard Operating Procedure 605.02.01.001, Furloughs 3. Employer Guidelines 4. Employment Release Agreement 5. Employment Release Hire Sheet 6. Placement Matrix 7. Wavier of Extradition – End of Document –