Ga. Comp. R. & Regs. R. 125-3-6-.04 - Operating Aspects

Current through Rules and Regulations filed through April 4, 2022

(1) Work release is a rehabilitation component of the Department's operation. Each inmate assigned to Work Release is selected and approved by the Commissioner or designee. Each inmate assigned to Work Release who fails to fully comply with any of the stipulated conditions concerning Work Release rules, regulations, policies, procedures, or special conditions shall be required to appear before a Disciplinary Committee hearing, if charged with a disciplinary infraction. The Committee shall determine whether or not the allegation is sustained and shall recommend to the Warden/Superintendent whether or not the Work Releasee should be removed from the Work Release Program. The Warden/Superintendent may otherwise move an inmate from a Work Release designated facility if there is sufficient indication that he/she is endangering or jeopardizing the safe and orderly operation of the Work Release Program and/or the operation of the designated facility. Such an inmate shall be returned to the general population by way of assignment to an institutional facility. Such removal applies to all inmates assigned to Work Release designated facilities including those referred by the State Board of Pardons and Paroles and those inmates assigned to maintenance and other special assignments.
(2) Constraints:
(a) Inmates assigned to Work Release positions remain in the absolute custody of the Commissioner of Corrections. Any inmate who willfully or deliberately absconds is considered to have escaped from custody. Such incidents shall be dealt with as required by Law.
(b) Necessary safeguards and security considerations shall be applied.
(c) Willful negligence or misconduct by a Work Releasee shall be considered cause for removal from the program.
(d) Conduct which is prejudicial to continued community acceptance and support of the Work Release Program shall be considered cause for withdrawal of the privilege.
(3) Conditions:
(a) Work Release employment does not constitute nor imply a contractual agreement between the State of Georgia or the Department of Corrections and the employer, even though certain mutual responsibilities exist as a result of the nature of the Work Release program.
(b) Following assignment of an approved Work Releasee to a Work Release Center or Institutional Work Release activity, a compatible civilian job will be sought by the Work Release staff.
1. Each job offer shall be investigated to assure that the proposed job is consistent with the goals and procedures of the Work Release program.
2. Positions obtained shall not be at the expense of reducing essential civilian employment opportunities.
3. Coordination shall be achieved with local union and/or employment officials to preclude an adverse impact on civilian employment.
4. Work Releasees shall not be employed as strike breakers or in positions where their presence would evoke serious adverse public reactions.
5. Exploitation of Work Releasees by employers shall be avoided.
6. Employers shall be provided a written statement explaining the objectives of the Work Release Program and how it is administered. At the same time, they shall be provided written information as to the conditions and limitations imposed on the Work Releasee.
(4) Compensation:
(a) Compensation of Work Releasees shall be no less than that comparable to other similarly skilled workers engaged in such work in the same employment area and under similar circumstances.
(b) Each Work Releasee shall be required to execute all administrative forms and/or releases required by applicable Department of Corrections and institutional rules, regulations and directives.
(c) Work Releasees initially shall be required to deposit all earnings with institutional authorities and shall be assisted by Work Release program administrators and counselors in creating and adhering to a budget tailored to the releasee's individual needs.
(d) Each working inmate in a Work Release Program shall have an amount equal to the cost of the inmate's keep and confinement deducted from his/her earnings. Said deductions will be paid to the State treasury for inmates housed in a Department of Corrections facilities and paid into the treasury of the county for inmates assigned to a country correctional institution. The cost of the inmate's keep and confinement shall be determined by the Department of Corrections.
(5) Clothing:
(a) A Work Releasee residing in a Work Release Center may be required to wear civilian style clothing suitable to the situation at the Center or to the releasee's employment.
(b) Work Releasees residing in a State or County Institution, although authorized to wear civilian type attire suitable to their employment while at or traveling to and from their jobs, may be required to wear regular institutional clothing while at the institution concerned.
(6) Passes:

Inmates in Work Release may be eligible to earn weekly passes not to exceed 12 hours in length and as in accordance with procedures established by the Commissioner of the Department of Corrections.

Notes

Ga. Comp. R. & Regs. R. 125-3-6-.04
Ga. Constitution 1983, Art. IX, Sec. I, O.C.G.A. Secs. 34-9-15, 42-2-4, 42-2-11, 42-5-14, 42-5-51 to 42-5-53, 42-5-59, 42-5-60, 42-10-2.
Rule entitled "Operating Assets" adopted as R. 415-3-6-.04. F. Nov. 14, 1984; eff. Dec. 4, 1984, renumbered as R. 125-3-6-.04. F. June 28, 1985; eff. July 20, 1985, as specified by the Agency. Amended: F. Dec. 2, 2004; eff. Dec. 22, 2004.

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