BOP Program Statement 5250.02 § 9

a. A volunteer community service project is a project

sponsored and developed by a local government agency or by a

nonprofit charitable organization, submitted to the institution,

and recommended by the Warden for approval of the Regional

Director. Volunteer community service projects are designed to

provide for the public good in keeping with the overall goals of

the community, such as community-wide beautification or public

safety.

The sponsoring organization is responsible for certifying to

the Bureau that the community service project does not displace

regular employees, supplant employment opportunities ordinarily

available within the sponsoring organization, or impair contracts

for services.

These projects are not work assignments. Any inmate who

chooses to participate does so voluntarily, and may not receive

performance pay or any other salaried compensation for

participation in the project, nor be eligible to submit a claim

under the provisions of the Inmate Accident Compensation

Program.]

See Section 9.e. for instances in which an inmate may receive

compensation because the community service project is being

operated as part of an occupational education program.

Volunteer community service projects should supplement the

community’s resources. These projects provide an opportunity for

an inmate to perform a community service for a government entity,

or nonprofit charitable organizations voluntarily. A project may

occur either in the institution or within the community and may

provide live work experiences as a part of a bona fide

occupational education program under 18 U.S.C. § 3622(b).

As defined in Program Statement Occupational Education

Programs, the term ¡live work¢ refers to a product or service

produced by the student for actual use by the institution,

UNICOR, or another agency. It is characterized by a specific

end-product or service goal, as opposed to repetitive classroom

work done for training purposes.

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Work performed under community service projects may not:

— Displace regular employees, or,

— Impair existing contracts for services.

The host agency or organization is responsible for submitting

documentation to the Bureau that the CSP does not displace

regular employees or impair existing contracts.

Since no Bureau appropriated funds may be expended to perform

a volunteer community service project, the conditions for a

project occurring within the community require that the inmate

meet the eligibility requirements listed in Section 9.d.

Ordinarily, inmate trips for public speaking (for example, at a

local high school) are not considered to be volunteer community

service projects and consequently may be done under the

procedures for escorted trips.

[b. An inmate may volunteer to participate in a community

service project by submitting a written request for the Warden's

approval. The inmate must have custody classification

appropriate for the project and be otherwise eligible for the

conditions of the project. The decision of the Warden to approve

or disapprove an inmate's request shall be documented in

writing.]

[c. An inmate may appeal the Warden's decision through the

Administrative Remedy Procedure (see 28 CFR part 542).]

28 CFR part 542 refers to the Program Statement on the

Administrative Remedy Program.

d. Inmate Eligibility Criteria for Off-Site Community Service

Projects. The host agency or organization must provide all

necessary materials and supplies required to complete the

project. No Bureau appropriated funds are to be used to conduct

these projects, including transportation, inmate or staff pay, or

cost of materials.

An inmate, to be eligible for a Community Service Project,

must:

(1) Have “COMMUNITY” custody;

(2) Must be within 2 years of release for day projects and

within 1 year of release for overnight projects.

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(3) Have no medical restrictions or psychological

conditions which would preclude the inmate from meeting

the demands of the project.

(4) Have satisfactory participation in, or completion of,

financial obligations under the IFRP;

(5) Have a detainer status of “NONE”, according to the

inmates current Custody Classification form (BP-338).

(See the Security Designation and Custody

Classification Manual for further information.);

(6) Have no Discipline Hearing Officer (DHO) findings of

guilt in the past two years;

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

Security Designation and Custody Classification Manual,

unless waived by the Regional Director;

(8) If applicable, have exemplary compliance with mandatory

General Educational Development (GED), the English-as-

a-Second-Language (ESL) programs, and the drug

education course;

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

from secure custody; and,

(10) Volunteer for the project.

The Warden may establish additional inmate eligibility criteria

for off-site Community Service Projects.

e. Inmate Eligibility Criteria for On-Site Community Service

Projects, if part of an Occupational Education Program (OEP)

(1) Community Service Projects (CSP) may occur as the live

work portion of an Occupational Education Program (OEP). The CSP

should serve as a legitimate learning experience for the inmates

and should be part of the competency-based OEP curriculum. Thus,

the OEP must:

— provide job skill training, and experience,

— be accredited by a state or other recognized

accreditation association or agency,

— have entrance and exit criteria for the inmates, and

— cannot guarantee any production output for the

community (see the Program Statement on Occupational

Education Programs).

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(2) Because OEPs involve the use of appropriated funds,

special rules apply to the output produced in these programs. As

a general rule, if an OEP wishes to donate its product to the

local community, and that output incorporates government supplied

materials, then the GSA excess property regulations must be

followed (i.e., 41 CFR 101 et seq.).

If, however, the sponsoring organization provides all the

materials for the community service project, the end product may

be returned directly to the sponsoring organization.

(3) Inmates must volunteer and cannot be compelled to work

on a CSP as part of the OEP’s live work component. As long as

the OEP is conducted within the institution and the inmates

enrolled are not leaving the institution to perform the community

service portion of the program, inmates may receive pay and be

eligible for inmate accident compensation based upon his or her

OEP participation. OEP staff must maintain a list of inmates who

volunteer.

(4) The community service portion of the OEP must be

sponsored and developed by a government entity or nonprofit

charitable organization. The request will be submitted to the

institution, endorsed by the Warden, reviewed by the Regional

Counsel and the Regional Education Administrator, and then

approved by the Regional Director. The host organization is to

submit documentation to the Bureau that the community service

project does not displace regular employees or impair existing

contracts for services.