Current through Register 1531, September 27, 2024
(1) Prior to
approving an inmate for employment at a particular site, the Superintendent or
designee shall confirm that:
(a) A job has
actually been offered;
(b) The
employer is a legitimate organization;
(c) The work site does not present a threat
to public safety or the inmate; and
(d) The inmate is suitable for the
job;
(e) The Employment Services
Coordinator or his or her designee has conducted an in-person interview of the
prospective employer, except that phone interviews will be permitted when
employers previously have been part of the work release program. The interview
shall include, but not be limited to, reviewing the conditions of the inmate's
employment, providing an orientation for the prospective employer of the work
release program and its procedures and regulations (the orientation shall be
documented and maintained by the institution);
(f) The prospective employer has
satisfactorily completed and signed an Employment Agreement Form. The signed
form shall be maintained in the inmate's six-part folder after all necessary
information has been entered in the designated IMS screens;
(g) The local police, in the community where
the inmate will be employed, have received notification that the inmate will be
so employed. Police notifications shall be documented in the designated IMS
screens and a copy of the notification maintained in the inmate's six part
folder.
(2) An inmate,
approved for participation in a work release program, shall receive an
orientation to the rules and regulations concerning community release, and
shall signify his or her understanding by signing a Community Release
Agreement. An entry into the designated IMS screens shall be made and the
Community Release Agreement filed in the inmate's six-part folder.
(3) An inmate approved for participation in a
work release program shall meet with the Employment Services Coordinator or
designee who shall:
(a) Review the inmate's
employment background;
(b) Assist
the inmate in developing an individual employment program based on the inmate's
goals and needs;
(c) Verify
employment history when appropriate;
(d) Refer the inmate to diagnostic services
and other education and training programs as indicated;
(e) Establish and verify appointments for
interviews, applications, and other activities required for obtaining
employment. Verification of appointments shall be documented in designated IMS
screens.
(4) Pursuant to
M.G.L. c. 152, § 74, the Worker's Compensation statute does not apply to
"inmates of institutions performing labor under sections forty-eight to
seventy-seven, inclusive of chapter one hundred and twenty-seven".
(5) Inmates taking part in the Department's
work-release program are not eligible to collect unemployment benefits under
M.G.L. c. 151 A, regardless of the reason for the termination from the
program.
