BOP Program Statement 8120.04 § 21

Guidelines for retention of benefits for jobs, pay grades, longevity and vacation credit, waiting

lists, and positions are found in the table following this chapter. Most generic situations

involving retention of benefits problems are addressed and presented as guidelines in the table.

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For unforeseen problems involving such benefits, the Senior Operations Manager or Operations

Manager is delegated authority to dispose of individual cases and is encouraged to contact the

FPI Office of General Counsel for policy guidance and coordination. In general, the benefits are

depicted on a sliding scale of gain-retention-loss, depending on the severity of the situation as

explained below and depicted in the table.

(a) Job retention. Ordinarily, when an inmate is absent from the job for a significant period of

time, the SOI will fill that position with another inmate, and the first inmate will have no

entitlement to continued FPI employment.

(1) For up to the first 30 days when an inmate is in medical idle status, that inmate will retain

FPI pay grade status, with suspension of actual pay, and will be able to return to FPI

when medically able, provided the absence was not because of a FPI work-related injury

resulting from the inmate's violation of safety standards. If the medical idle lasts longer

than 30 days, was not caused by a violation of safety standards, and the unit team

approves the inmate's return to FPI, the SOI shall place that inmate within the top ten

percent of the FPI waiting list.

(2) Likewise, for up to the first 30 days when an inmate is in Administrative Detention, that

inmate may retain FPI pay grade status, with actual pay suspended, and will be able to

return to FPI, provided the inmate is not found to have committed a prohibited act. If

Administrative Detention lasts longer than 30 days, and the inmate is not found to have

committed a prohibited act, and the unit team approves the inmate's return to FPI, the SOI

shall place that inmate within the top ten percent of the FPI waiting list.

(3) An inmate in Administrative Detention, and found to have committed a prohibited act,

may return to FPI work status at the discretion of the SOI.

(4) If an inmate is injured and absent from the job because of a violation of FPI safety

standards, the SOI may reassign the inmate within FPI or recommend that the unit team

reassign the inmate to a non-FPI work assignment.

(5) If an inmate is transferred from one institution to another for administrative (not

disciplinary) reasons, and the unit team approves the inmate's return to FPI, the SOI shall

place that inmate within the top ten percent of the FPI waiting list.

(b) Longevity and vacation credit. Ordinarily, when an inmate's FPI employment is interrupted,

the inmate loses all accumulated longevity and vacation credit with the following

exceptions:

(1) The inmate retains longevity and vacation credit when placed in medical idle status,

provided the medical idle is not because of a FPI work-related injury resulting from the

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inmate's violation of safety standards. If the medical idle results from a FPI work-related

injury where the inmate was not at fault, the inmate also continues to earn longevity and

vacation credit.

(2) Likewise, the inmate retains, and continues earning for up to 30 days, longevity and

vacation credit if placed in Administrative Detention, provided the inmate is not found to

have committed a prohibited act.

(3) The inmate retains, but does not continue earning, longevity and vacation credit when

transferring from one institution to another for administrative (not disciplinary) reasons,

when absent from the institution on writ, or when placed in administrative detention and

found to have committed a prohibited act.

The Factory Manager is responsible for filling positions, placing inmates within the top ten

percent of the FPI waiting list, and making other decisions in accordance with sections a. and b.

above. If commission of a prohibited act results in disciplinary segregation, however, the inmate

loses all longevity and vacation credit. See sections 3(b)(3) and 8(b)(2) of this chapter.

(c) Pay grade retention. Ordinarily, when an inmate's FPI employment is interrupted, that

inmate is not entitled to retain his or her pay grade, with the following exceptions.

(1) An inmate retains pay grade status, with actual pay suspended, for up to 30 days in

Administrative Detention. However, the inmate is not reimbursed for the time spent in

detention.

(2) Likewise, an inmate retains pay grade status for up to 30 days while absent from the

institution on writ, with actual pay suspended. The SOI may approve pay grade retention

when an inmate is on writ for longer than 30 days on a case-by-case basis.

(3) If an inmate is absent because of a FPI work-related injury where the inmate was not at

fault, the inmate retains his or her pay grade, with actual pay suspended.

d. Other Situations. For all other matters not covered above or in Table 1 of this chapter, the

Senior Operations Manager or Operations Manager should base decisions regarding pay and

benefit modification and retention on documented instances of conformance or non-conformance

to the inmate worker standards (see Chapter 4) and decisions regarding job retention on Chapter

4, Section 4 (Inmate Worker Dismissal) of this policy.

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Table 1. Guidelines for Inmate Pay and Benefits

Longevity Vacation Pay Grade Waiting

Situation Job Credit Credit Retention List Promotion

Dismissal for Lost Lost Lost Lost Bottom of On

violation of inmate list w/ performance,

worker standards FM’s*** if rehired

approval

Administrative Lost Retained Retained Lost Top 10% Accelerated

transfer

Disciplinary Lost Lost Lost Lost Bottom of On

transfer list performance,

w/FM’s if rehired

approval

Disciplinary Lost Lost Lost Lost Bottom of On

segregation list performance,

w/FM’s if rehired

approval

Writ Lost Retained Retained Greater than w/FM’s After 30 days,

30 days with approval if rehired,

FM’s accelerated

approval promotion

Administrative FM may Retained (for Retained Retained w/FM’s On

detention – guilty retain time period (for time approval performance,

accrued) period if rehired

accrued)

Administrative ----Continues for 30 days of administrative detention---- Top 10% After 30 days,

detention – not if rehired,

guilty accelerated

promotion

Medical idle** (if Retained Retained Retained Continues N/A N/A

more than 30 days,

same as Admin.

transfer)

FPI work-related Retained Continues Continues Continues N/A N/A

injury & absence,

no fault found**

FPI work-related * Lost Lost * w/FM’s On

injury & absence, approval performance,

with safety if rehired

violation**

Decisions on all other matters should be based on the inmate worker standards and Chapter 4, Section 4 of this

policy.

* If the UDC/DHO process does not determine job loss, the FM may retain or terminate FPI work status.

** Refer to 28 CFR part 301 for information on lost-time wages.

*** “FM” refers to the Factory Manager.

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Chapter 6. Awards Program

1. § 345.70 General.

FPI provides incentive awards of various types to inmate workers for special achievements in

their work, scholarship, suggestions, for inventions which improve industry processes or safety

or which conserve energy or materials consumed in FPI operations, and for outstanding levels of

self-development.

a. Limitation on Awards. Each year, the Senior Operations Manager or Operations Manager

must prepare the annual budget, which must include the estimate for incentive awards. The total

value of awards at each plant must be consistent with the budget and the SOP FPI Staff and

Inmate Awards.

b. Costing the Incentive Awards Programs. Costs associated with the incentive awards

program are charged locally. Costs are recorded under appropriate overhead accounts. Payments

for incentive awards are made in accordance with the established payroll system and included on

the monthly payroll, in accordance with the Program Statement Federal Prison Industries

Accounting Procedures for Civilian and Inmate Payrolls.

c. Reporting Inmate Worker Awards. Each Factory Manager is responsible for maintaining

records on inmate awards each fiscal year.

2. § 345.71 Official commendations.

An inmate worker may receive an official written commendation for any suggestion or invention

adopted by FPI, or for any special achievement, as determined by the SOI, related to the inmate's

industrial work assignment. A copy of the commendation is to be placed in the inmate's central

file.

The Factory Manager makes determinations regarding official commendations.

3. § 345.72 Cash bonus or cash award.

An inmate worker may receive a cash bonus or cash award for any suggestion or invention which

is adopted by FPI and produces a net savings to FPI of at least $250.00. Cash awards shall be one

percent of the net estimated savings during the first year, with the minimum award being $25.00,

and the maximum award being $1,000.00.

When there are substantial one-time costs to implement a suggestion or invention that will

produce benefits over a number of years, and it is believed an award based on first-year savings

would be inadequate compensation, the award may be based on an annual average of the

estimated benefits over a period of three years.

4. § 345.73 Procedures for granting awards for suggestions or inventions.

(a) The inmate's immediate supervisor shall review the suggestion and forward it with

comments and award recommendation to the SOI.

(b) The SOI shall ensure that all inmate suggestions and/or inventions formally submitted are

considered for incentive awards by a committee comprised of Industries personnel

designated by the SOI.

Ordinarily the committee is composed of the Senior Operations Manager or Operations Manager

and two other FPI managers. When the Senior Operations Manager or Operations Manager is not

a member of the committee, the committee’s recommendation and justification are forwarded

through the Senior Operations Manager or Operations Manager to the Warden for approval.

(1) The committee is authorized to award a cash award of up to $100.00 or an equivalent

gift not to exceed $100.00 in value to an inmate whose suggestion has been adopted. A

recommendation for an award in excess of $100.00 shall be forwarded to the Assistant

Director for a final decision.

(2) The committee shall forward all recommendations for awards for inventions through

the SOI to the Warden. The Warden may choose to add his or her comments before

forwarding to the Assistant Director for a final decision.

The Senior Operations Manager or Operations Manager will provide the Warden with the

committee’s award recommendations.

(3) Incentive awards are the exclusive methods for recognizing inmates for suggestions or

inventions.

5. § 345.74 Awards for special achievements for inmate workers.

While recognition of inmate worker special achievements may originate from any FPI staff

member, the achievement ordinarily will be submitted in writing by the inmate's immediate

supervisor.

(a) The SOI shall appoint a local institution committee to consider inmates for special

achievement awards.

(b) The committee shall forward its recommendations to the SOI, who is authorized to approve

individual awards (cash or gifts) not to exceed $100 in value. A recommendation for an

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award in excess of $100 (cash or gifts) shall be forwarded, with the Superintendent's

recommendation and the justification for it, through the Warden to the Assistant Director.

The Warden may submit comments on the recommendation.

The Senior Operations Manager or Operations Manager is responsible for appointing a local

institution committee to consider special achievement awards and approves individual awards for

up to $100. Refer to the SOP FPI Staff and Inmate Awards for additional information.

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Chapter 7. F PI Inmate Training and Scholarship Programs

1. § 345.80 General.

As earnings permit, FPI provides appropriate training for inmates which is directly related to the

inmate worker's job assignment. Additionally, FPI administers a scholarship program to provide

inmates with an opportunity to begin, or to continue with business and industry courses or

vocational training.

(a) An applicant for FPI-funded training programs should be evaluated to determine sufficient

interest and preparation to successfully complete the course content. The evaluation may be

done by the Education Department, unit team, or other qualified personnel.

(b) An inmate selected to participate in FPI-funded training programs ordinarily must have

enough sentence time remaining to serve to complete the training.

The Factory Manager sends a list of awardees to the Warden after selections are made.

2. § 345.81 Pre-industrial training.

FPI encourages the development and use of pre-industrial training programs. Such training

ordinarily provides benefits to the inmate and to the FPI factory. Pre-industrial training also

provides an additional management tool for replacing inmate idleness with constructive activity.

Accordingly, each FPI factory location may provide a pre-industrial training program.

(a) Pre-industrial program trainees shall ordinarily begin at the entry level pay grade (grade 5).

Positions for pre-industrial training programs are filled in the same manner as other grade

five positions.

(b) Pre-industrial training is not a prerequisite for work placement if the inmate already

possesses the needed skill.

(c) If pre-industrial training is available and the worker has not completed both the skill

training and orientation phases of pre-industrial training, the inmate should be put into the

first available training class.

(d) When pre-industrial training is not available, new FPI assignees will receive on-the-job

training in pre-industrial pay status for a period of at least 30 days before being promoted

into available fourth grade jobs.

3. § 345.82 Apprenticeship training.

FPI provides inmate workers with an opportunity to participate in apprenticeship training

programs to the extent practicable. Such programs help prepare workers for post-release

employment in a variety of trades. Apprentices are given related trades classroom instruction in

addition to the skill training during work hours, where necessary.

To more effectively meet its mission, FPI seeks to establish approved apprenticeship programs in

areas related to FPI operations that have the potential to meet the requirements of the:

■ Bureau of Apprenticeship Training (BAT) of the U.S. Department of Labor.

■ Department of Education of the state in which the training is located.

■ Training Representative of the appropriate labor union.

4. § 345.83 Job safety training.

FPI provides inmates with regular job safety training which is developed and scheduled in

coordination with the institution Safety Manager. Participation in the training shall be

documented in a safety training record signed by the inmate.

Initial job orientation and annual job safety training are designed to eliminate inmate industrial

accidents, which often result in personal injury and lost workdays.

5. § 345.84 The FPI scholarship fund.

FPI shall award post secondary school scholarships to selected, qualified inmate workers. These

scholarships provide an inmate with the opportunity to begin or continue with business and

industry courses or vocational training as approved and deemed appropriate by the Supervisor of

Education.

The course of study should relate to the recipient’s career choice and is not restricted to the local

institution’s FPI factory needs. Inmate workers complete locally developed scholarship

application forms to be considered for selection.

(a) Eligibility requirements. The SOI and the Supervisor of Education at each institution shall

develop application procedures to include, at a minimum, the following criteria:

(1) The inmate shall be a full-time FPI worker.

(2) The inmate has a favorable recommendation for participation from his or her work

supervisor.

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(3) The inmate meets all relevant institution requirements for participation (e.g. disciplinary

record, custody level).

(4) The inmate is accepted by the institution of higher learning offering the course or

program which is requested.

(5) The inmate must maintain a verifiable average of “C” or better to continue program

eligibility.

(6) Before beginning the course of study, the inmate must sign an agreement to provide the

SOI with an unaltered, original copy of his or her grades.

(b) Scholarship selection procedures. FPI scholarship awards shall be made by a three member

Selection Committee comprised of the SOI, the Supervisor of Education, and one other

person designated by the SOI.

(c) Scholarship program operation.

(1) Ordinarily, one scholarship may be awarded per school period for every fifty workers

assigned. At least one scholarship may be awarded at each institution location, regardless

of the number of inmates assigned.

The Factory Manager works with the Supervisor of Education to develop application procedures

consistent with this section and participates on the selection committee. One school period refers

to the period of time necessary to complete one course, e.g., trimester, quarter, semester.

(2) Individual scholarships ordinarily should not exceed the cost of tuition and books for

one course. Where several courses may be taken for the same cost as one, the inmate

worker may be allowed to take more than one course.

(3) Scholarship monies are to be paid only to the institution providing instruction, or to the

Education Department for transfer of funds to the college, university, or technical

institution providing instruction.

(4) An inmate may not receive more than one scholarship per school period.

(5) An inmate must maintain at least a “C” average to be continued as eligible for further

assistance. An inmate earning less than “C” must wait one school period of eligibility

before reapplying for further assistance. Where a course grade is based on a “pass/fail”

system, the course must be “passed” to be eligible for further assistance.

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(6) An inmate awarded a correspondence course must successfully complete the course

during a school year (e.g., 2 semesters, 3 quarters).

(7) An inmate receiving scholarship aid must have approval from the SOI and the Supervisor

of Education before withdrawing from classes for good reason. An inmate withdrawing

or “dropping” courses without permission shall wait one school year before applying for

further scholarship assistance. An inmate may withdraw from courses without penalty for

medical or non-disciplinary administrative reasons such as transfer, writ, release, etc.,

without first securing permission, although withdrawals for medical reasons must be

certified in writing by the Hospital Administrator.

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Chapter 8. Records and Files.

1. GENERAL

These guidelines are intended to supplement, not replace, the regulations already available in the

Program Statement Federal Prison Industries Accounting Procedures for Civilian and

Inmate Payrolls, which should be consulted for detailed instructions on the proper execution of

FPI forms related to the management of inmate personnel.

2. PERMANENT RECORDS

The records listed in this chapter are used for inmate workers and are kept for two years before

archiving. The archive process must be handled according to provisions in the Program

Statement Federal Prison Industries Accounting Procedures for Civilian and Inmate

Payrolls.

a. Availability of Records. Personnel records of inmate workers must be made available to

Bureau and FPI staff members upon request.

Requests for records by persons other than FPI or Bureau staff must be cleared through the

Factory Manager and the Correctional Systems Manager at the institution. For further

information, contact the Bureau’s Office of General Counsel.

b. Records Custodian. The Factory Manager is the official custodian of FPI records. This

function may be further delegated to FPI civilian staff.

c. Inmate Worker Access to Records. The content of an inmate’s personnel evaluation and

resume may be shared with them. The Factory Manager is responsible for notifying inmates of

the procedures to be followed for such requests. Inmate clerks, in assisting with clerical duties,

are allowed to see these records only with the Factory Manager’s approval.

d. Inmate Transfers and Releases. When FPI is made officially aware of the impending

transfer of an inmate worker, the FPI Form 44, Yearly Chronological FPI Work Performance

Evaluation Form, should be updated and sent immediately to the unit manager for inclusion in

the Inmate Central File. A copy should be retained for use in advising the receiving Factory

Manager (at the request of the receiving Factory Manager).

e. Inmate Reference Letters. The FPI Inmate Reference Letter Initiative offers eligible

inmate workers the opportunity to receive a reference letter prior to release.

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The purpose of the initiative is to enhance the employment prospects of releasing inmates

with FPI work experience, as reference letters are often encouraged or required by

potential employers.

Staff should review the SOP Inmate Reference Letter Initiative for information regarding

eligibility requirements and the process for requesting, generating, and distributing

letters.

Inmates should request information about the Inmate Reference Letter Initiative from

their Factory Manager.

3. PERSONNEL FORMS

The following forms must be used for the FPI inmate personnel/management system. Work

status begins once a properly executed FPI form has been prepared, the name of the inmate has

been entered on the institution change sheet, and the assignment has been approved by the unit

team.

a. FPI Form 44, Yearly Chronological FPI Work Performance Evaluation Form. This

form provides semi-annual evaluations of inmate workers for a period of one year. The top sheet

is executed no later than March 31. The process is repeated no later than September 30 each

year. At the end of both semi-annual periods, the top sheet contains a cumulative year’s record of

evaluative data, and the two sheets have both been removed and sent to the unit team.

The procedure provides both the unit team and FPI staff with a compact but comprehensive

annual record of each worker’s performance during the year. Inmates must be employed at least

three months prior to this formal evaluation.

b. FPI Form 82, Job Grading Sheet. This form is used to categorize the duties covered by an

individual position and to determine a pay grade rating for that position. Categories of duties are

matched with actual duties of the job. The grade is determined using the numeric weights

assigned to each category of duties. The job and its rating then become a part of the FPI factory’s

pay grade structure for payroll purposes.

The classification method is based on the Dictionary of Occupational Titles (DOT) created by

the U.S. Department of Labor.

c. FPI Form 83, Job Schedule. This form displays the grade structure and level of inmate

employment for each FPI factory. Form 83 lists all current jobs, titles, and pay grades. While

Form 82 is concerned with the structure of a single position, Form 83 is concerned with the

composite structure of all positions.

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d. Inmate Earnings Statement. The automated inmate payroll system generates a detailed

monthly earnings statement given to each inmate actively working for FPI. FPI locations that do

not have the automated system should generate locally produced monthly earnings statements for

each inmate.

e. FPI Form 39, Request for Inmate Vacation. This form, or a similar locally developed

form, should be submitted to the work supervisor, department head, and Factory Manager for

approval at least two weeks in advance of the requested vacation time. The approved request is

forwarded to the unit team. If the request is denied, the reason for the disapproval is provided.

f. FPI Form 96, Inmate Industrial Employment Action. This form shows the employment

record of inmate workers. It records all data on the worker from initial hiring to final removal.

Information from this form is entered into the FPI financial information system.

Finally, these forms provide a resume of jobs held by the inmate and the period of employment.

The DOT codes included furnish prospective employers with a uniform system for understanding

what duties the former inmate worker applying for employment can perform.

Inmates may request copies of their Form 96s through their unit team prior to job-seeking or

other pre-release activities. The Factory Manager must notify inmates of the procedures to be

followed to obtain copies of their Form 96 (ordinarily through the unit team as part of the release

preparation program). Copies requested in this manner are provided free of charge to inmate

workers.

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REFERENCES

Program Statements

Institution Hearing Program

Inmate Discipline Program

Special Housing Units

Literacy Program

Financial Responsibility Program, Inmate

First Step Act of 2018 – Time Credits: Procedures for Implementation of 18 U.S.C. § 3632(d)(4)

Federal Prison Industries Accounting Procedures for Civilian and Inmate Payrolls

Bureau Forms

BP-A0140 Injury Report - Inmate

FPI Forms

Form 39 Request for Inmate Vacation

Form 44 Yearly Chronological FPI Work Performance Evaluation Form

Form 82 Job Grading Sheet

Form 83 Job Schedule

Form 96 Inmate Industrial Employment Action

Federal Statutes

18 U.S.C. § 1761(c)

First Step Act of 2018

Federal Regulations

28 CFR 345.10−345.84

28 CFR 545.11(d)

Other References

U.S. Department of Labor’s Dictionary of Occupational Titles

Standard Operating Procedure FPI Staff and Inmate Awards

Standard Operating Procedure Inmate Reference Letter Initiative

Standard Operating Procedure UNICOR Inmate Waiting List Exceptions

Standard Operating Procedure Budget Formulation and Execution

ACA Standards

Evidence-Based Standards and Expected Practices for Adult Correctional Institutions (5th

Edition): 5-ACI-7A-01, 5-ACI-7A-02, 5-ACI-7A-03, 5-ACI-7A-04, 5-ACI-7A-05, 5-ACI-7A-

06, 5-ACI-7A-07(M), 5-ACI-7A-08, 5-ACI-7A-09, 5-ACI-7A-10, 5-ACI-7A-11, 5-ACI-7A-12

Evidence-Based Standards and Expected Practices for Adult Detention Facilities Institutions (5th

Edition): 5-ALDF-5C-06, 5-ALDF-5C-07, 5-ALDF-5C-08, 5-ALDF-5C-10, 5-ALDF-5C-11, 5-

ALDF-5C-12, 5-ALDF-5C-12, 5-ALDF-5C-13, 5-ALDF-5C-14, 5-ALDF-5C-15, 5-ALDF-5C-

16

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Records Retention Requirements

Requirements and retention guidance for records and information applicable to this program are

available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet

site.

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