BOP Program Statement 5353.02 § 9

The term “live work” is defined as work performed by students in marketable training programs

that contribute to the operation and maintenance of institutions, Federal Prison Industries

operations, or other approved organizations. Live work will result in products made or services

performed by the students. The simulation, replication, or duplication of a product or service

does not constitute live work.

The purpose of live work is to integrate high-quality training programs with work-based learning

where the student can apply academic and technical skills to develop their employability.

All live work projects are selected and conducted in relation to the scope and instructional

objectives of the program curriculum. Live work projects should enhance the instructional

process rather than replace it.

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Live work is performed by students under the direction and supervision of Vocational Training

(VT) Instructors. Examples of live work include, but are not limited to, preparing food for

Community Relations Board meetings; conducting a needed institution welding project;

servicing institution vehicles; stripping and waxing a soiled housing unit floor; or performing

electrical, plumbing, and carpentry work in an institution.

The VT Instructor will consult the SOE before live work projects are to be approved or

performed.

Live work is to be included within each marketable level CTE program. Education department

operating funds and AOE funds will not be used to purchase materials and supplies for live

work projects.

Live work will comprise no more than 30 percent of each marketable level CTE program

curriculum, as measured by training hours. The Regional Director may grant an exemption with

justification. The exemption request must include an explanation for not meeting the requirement

and identify alternative methods for meeting program objectives. The REA will forward a copy

of the approved exemption to the ESB National CTE Coordinator. Previously approved

exemptions must be reviewed and reapproved annually by the Regional Director, then forwarded

to the ESB National CTE Coordinator.

A log of live work projects will also be maintained and kept by the SOE for three years. At a

minimum, the log will contain the:

■ Project name

■ Start and completion dates

■ Length of time to complete the project

■ Person, department, or agency requesting the project, and

■ Funding source for project materials

In accordance with the Program Statement Public Works and Community Service Projects,

a Community Service Project (CSP) may serve as the live work portion of a CTE program.

The project should serve as a legitimate learning experience for the students and all tasks

must align with the competency-based CTE program curriculum. For the project to be

considered live work it 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

■ Not guarantee any production output for the community

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Because some CTE programs involve using appropriated funds, special rules apply to the

output produced in these programs. If a CTE program wishes to donate its product to the local

community and that output incorporates government supplied materials, then the General

Services Administration (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 product may be returned directly to the sponsoring

organization.

In accordance with the Program Statement Public Works and Community Service Projects

inmates must volunteer and cannot be compelled to work on a CSP as part of the CTE program’s

live work component. If the CTE program is conducted within the institution and the students

enrolled are not leaving the institution to perform the program’s community service portion,

students may receive pay in accordance with Program Statements Inmate Work and

Performance Pay and Education, Training, and Leisure Time Program Standards. Students

may also be eligible for inmate accident compensation for their participation in the CTE program

in accordance with Program Statement National Occupational Safety and Health.

VT Instructors must maintain a list of inmates who volunteer.

Only a government entity or nonprofit charitable organization may develop and sponsor the

CTE program’s community service portion. The request will be:

■ Submitted to the institution

■ Recommended by the Warden

■ Reviewed by the Regional Counsel and the REA

■ Approved by the Regional Director

The host organization is to submit documentation to the Bureau that the CSP does not displace

regular staff or impair existing contracts for services.