Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Rule 004.00.20-040 - AR 1201 Inmate Labor by Contractual Agreement and Volunteer Services
Universal Citation: AR Admin Rules 004.00.20-040
Current through Register Vol. 49, No. 9, September, 2024
I. POLICY:
Act 814 or 1983 - to permit the Department of Correction to make contractual arrangements for use of inmate labor by the following prioritized list:
(a) Other state departments and
agencies
(b) Counties, cities, and
school districts
(c) Civic
organizations, and other non-profit organizations, and private citizens;
including, but not limited to, those responsible for the preservation of
natural resources or other public works. The Department of Correction may
provide volunteer services for community service organizations, i.e., Lions
Club, Rotary Club, Jaycees, Jaycettes, etc.
II. EXPLANATION:
A. Activities such as this will be performed
in a manner so as to create goodwill between the Department of Correction and
the public and be of rehabilitative value to the inmates.
B. Contractual Inmate Labor:
1. It is not intended to result in the
displacement of currently employed citizens or to create a condition which
would preclude the establishment or continuation of full-time free work jobs.
Inmate work crews will not be utilized to displace contract labor(ers),
subcontractor(s), bids or estimated projects or any similar related type
construction and/or maintenance projects.
2. All requests for contractual inmate labor
shall be referred to the appropriate Assistant Director. The Warden/Center
Supervisor making the referral shall provide the Assistant Director with all
necessary information on the appropriate form F-1201-1. The Assistant Director
will make a recommendation and forward all documentation to the Director for
approval/disapproval.
3. The
Department may, upon approval by the Director, enter into a contractual
arrangement for inmate labor with the requesting party. Acceptable parties are
enumerated under this policy statement.
C. Inmate Volunteer Services:
1. The Department may enter into an agreement
with community service organizations for inmates.
2. The formula for the use of work release
inmates on volunteer projects in the county in which work release unit/center
is located will be as follows: two hours times the unit/center Work Release
inmate population equals the total number of hours of volunteer work allowed a
month per unit/center.
3. When a
request for inmate volunteer services is received, the Warden/Center Supervisor
will be responsible for completing the Inmate Volunteer Services
Request/Authorization Form F-102-2 and forwarding it to the appropriate
Assistant Director for approval/disapproval. The Assistant Director will make a
recommendation and forward all documentation to the Director for
approval/disapproval.
4. The
Warden/Center Supervisor may contact the appropriate Assistant Director for
telephone approval/disapproval concerning inmate volunteer service requests
when time does not allow for written requests to be made. The Assistant
Director is responsible for notifying the Director of all requests and action
taken.
The Warden/Center Supervisor is responsible for providing the Assistant Director with written documentation following the telephone approval/disapproval. The Assistant Director will complete the appropriate section of the form and forward all documentation to the Director F-1201-2.
III. PROCEDURES TO BE FOLLOWED UPON APPROVAL OF REQUESTS:
A. Contractual
Inmate Labor:
1. Will be authorized only
after the Arkansas Department of Correction and the requesting party enter into
a contractual agreement. Items to be considered are expenses for providing
inmates, staff, vehicles, equipment, meals, and other related expenses. To
offset costs incurred by the Department, a minimum rate will be charged per
hour per inmate, as established by the Board of Correction, with one-half of
the hourly rate being deposited in the inmate's account, with the other half
being received by the department. The Director has the authority to negotiate
fees and services, depending upon the circumstances of each request. The
financial agreement and/or subsequent amendments will be filed at the next
Board of Correction meeting.
2.
Contractual inmate labor will be provided only within the scope of the specific
project authorized by the Director. Prior approval must be obtained from the
Director before the initial project can be expanded or before additional
projects can be started.
3. Working
hours will be determined by the Warden/Center Supervisor with consideration
being given to security and inmate safety. Work hours should be scheduled on
weekdays.
4. The project should in
no way conflict with an inmate's regular job if employed for pay by a private
employer. All inmates utilized in this program will have signed a statement
(Form F-1201-3) that they volunteered for the program.
5. The requesting party shall provide
necessary tools, materials, equipment, transportation and meals in instances
where deemed appropriate by the Director.
6. The supervision of work assignments will
be provided by the requesting party. Security of inmates will be the
responsibility of the Department. Work assignments requiring a minimum of six
(6) inmates are preferred.
7. All
financial agreements will be coordinated with the Business Division.
B. Inmate Volunteer Services:
1. Will be provided only within the scope of
the project authorized. Prior approval must be obtained from the Director
before the initial project can be expanded or before additional projects can be
started.
2. Working hours will be
determined by the Warden/ Center Supervisor with consideration being given to
security, inmate safety, and weekend activities.
3. It is the responsibility of the
Warden/Center Supervisor to ensure that inmates involved in these projects are
volunteers, and a signed statement is on file, and that volunteer work does not
conflict with the inmates' free world employment or institutional
assignments.
4. The requesting
party may provide necessary tools, materials, equipment, transportation, and
meals as approved by the Warden/Center Supervisor.
5. Security and supervision of inmate(s) will
be the responsibility of the requesting party unless other arrangements are
approved by the Warden/Center Supervisor.
6. Wardens/Center Supervisors are responsible
for maintaining accurate records on the number of hours of volunteer work each
inmate performs and that volunteer work at work release centers is done
according to the prescribed formula.
7. Wardens/Center Supervisors shall be
responsible for submitting a monthly report on inmate volunteer service
projects and number of hours worked to the public information officer and is to
be included in the monthly report to the Board of Correction.
IV. IMPLEMENTATION:
A. Each Warden/Center Supervisor is
responsible for developing a Standard Operating Procedure (SOP) to ensure
implementation of this Administrative Rule. Each Warden/Center Supervisor will
provide the Assistant Directors and Director with copies of the SOP.
B. None of the above state programs/projects
are in any way to be used to replace all free world labor, sublet, nor to work
through/for a second party.
C. If a
project receives or is receiving media attraction, then the Unit Warden/Center
Supervisor is to notify the public information officer.
Board Approval Date: 8/18/87
Effective Date: 9/18/87
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.