BOP Program Statement 5250.02 § 8

a. Definition. Public works projects are institution work

assignments performed for other federal agencies either in the

institution or at other federal agency work sites under the

authority of Title 18 U.S.C. § 4125(a) which states:

"The Attorney General may make available to the heads of

several departments the services of United States prisoners

under terms, conditions, and rates mutually agreed upon, for

constructing or repairing roads, clearing, maintaining and

reforesting public lands, building levees, and constructing

or repairing any other public ways or works financed wholly

or in major part by funds appropriated by Congress."

Institutions must use the format specified in Attachments A/C

for new national and local agreements. For existing agreements

with other federal agencies, the institutions must review

agreements and make appropriate changes, if deemed necessary.

Any changes must go through the normal review and approval

process as outlined in Section 10 of this Program Statement.

b. Host Federal Agency Obligations. Any host federal agency

that enters into an agreement to use federal inmate labor

ordinarily will also assume responsibility for the following:

(1) Transporting inmates to and from the work site;

(2) Providing special protective and safety equipment;

(3) Providing tools, materials and supplies necessary to

perform the work;

(4) Providing technical supervision to the inmate workers.

Bureau staff who have attended the locally conducted

Instructor Skills Training or who have attended a

national Training for Trainers course, are to train

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supervisors concerning the policy requirements for

volunteer/contract workers. The Program Statement on

Standards of Employee Conduct should be given to each

supervisor. The host agency must maintain inmate

accountability through inmate detail cards furnished by

the Bureau;

— This accountability requires visual contact with

each inmate at least every two hours;

(5) Submitting work reports in accordance with local

institution procedures and as stated in local

agreements, which must include time sheets, on each

inmate, to the Bureau;

— Unusual events, such as injuries, escapes, or

inmate misconduct, must be reported immediately to

Bureau officials;

(6) Providing a safe and humane working environment;

— Safety talks are required at least monthly;

(7) Providing emergency medical care and attention as

necessary. Notification to the Bureau of Prisons must

be made as soon as possible;

(8) Establishing inmate quotas and developing job

descriptions;

(9) Obtaining Bureau approval before changing inmate work

detail assignments; and,

(10) Ensuring that the work performed by inmate labor will

not displace regular employees, impair existing

contracts for service, or exploit inmate labor.

c. Bureau Obligations. The Bureau is to:

(1) Select inmates capable of performing work as required;

(2) Furnish routine work clothing and safety shoes to

inmates;

(3) Provide training to host agency employees on this

Program Statement's requirements;

(4) Designate a project representative to physically visit

the work site periodically;

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(5) Provide all inmate performance pay and job performance

incentives, if applicable; and,

(6) Be responsible for medical expenses of emergency

treatment required by inmates. An inmate who sustains

a work-related injury on a public works project may

submit a claim under the Inmate Accident Compensation

procedures under 28 CFR part 301.

d. Inmates Eligibility Criteria for Off-Site Public Works

Projects. An inmate, to be eligible for such projects, must:

(1) Have “COMMUNITY” or “OUT” custody;

(2) Have no medical restrictions or psychological

conditions which would preclude the inmate from meeting

the demands of the project;

(3) Have a detainer status of “NONE” or “LOWEST/LOW

MODERATE” severity according to the inmate’s current

Custody Classification form BP-338, or

pending/unresolved charges that do not exceed the

lowest/low moderate criteria. (See the Security

Designation and Custody Classification Manual for

further information.);

(4) Have no Public Safety Factor(s) as outlined in the

Security Designation and Custody Classification Manual,

unless waived by the Regional Director; and,

(5) Have no prior history of escape or attempted escape

from secure custody;

(6) Have no prior employment at the specific site of the

project.

The Warden may establish additional criteria for inmates who

are eligible for public works projects (e.g., Inmate Financial

Responsibility Program (IFRP) participation, clear conduct,

notoriety/nature of offense, severity of prior record).

e. Inmates Eligibility Criteria for On-Site Public Works

Projects. Inmate assignments occurring on-site at the

institution are to be treated the same as other institution work

assignments.

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