Department of Ecology

Thurston County Sheriff's Office Crew

Community Litter Cleanup Program Workshop

Jail Industries Options

Litter and illegal dump clean-up options using jail industries inmate and community service crews

Why use jail industries crews?

Working with jail inmates and community service crews provides multiple benefits.

For communities with litter control problems:

• Cost effective offender crews supervised by trained staff
• Opportunity to leverage resources to maximize labor hours available
• Greater coverage for litter and dump clean-up programs
• Frees staff to perform more highly skilled work

For communities concerned about criminal justice costs:

• Community service alternative to incarceration, lowering costs
• Supervision for offenders working off sentenced hours or paying fines through community credits
• Management tool providing incentives for good behavior for incarcerated inmates
• Relieves jail overcrowding

For communities that want more from the criminal justice system:

• Strong public support for inmate work benefiting the community
• Productive activity and work ethics development
• Positive feedback from inmates who appreciate the opportunity to work and contribute to the community
• Work experience and potential post-release employment for crew members

What can I expect from an inmate work crew?

Many jails suffer from severe overcrowding and a lack of space and resources to provide work or program activities for inmates. Providing work is a big bonus for inmates, who almost uniformly report they would rather be active and productive rather than sit idle in their cells. Jail managers like having inmates working because it gets inmates out of the jail, providing a positive outlet for their energies. Consequently, you can expect a highly motivated and hard working crew which will be extremely productive.

How do I put together a funding request?

Department of Ecology funding for local cleanup efforts has not been set aside specifically for jail industries inmate crews. If you want to use an inmate crew, work with other officials to have the county’s funding request incorporate jail industries crews. Ecology is hoping to encourage cooperative funding applications that show how different county and city departments are working together to make the best use of the money available and have the greatest possible impact on the litter problem in Washington. Make contact with one or more of these departments to develop your funding request:

Possible Partners

• Public Works Department
• Recycling Coordinator
• Mayor’s Office
• County Commissioner’s Office
• City or County Clerk
• Health Department
• Solid Waste Advisory Committee

Who would supervise an inmate crew?

There are several models to choose from when considering how to manage an inmate crew. Which model you choose will depend upon negotiations between the jail and other agencies dealing with the litter control issue. Considerations include cost, community safety, worker safety and training, and staff safety and training.

Crew supervision and technical direction could be provided by:

• Correctional officers
• Non-uniformed correctional staff crew chiefs
• State Department of Corrections crew supervisors
• County or city agencies, i.e. public works supervisors

What liability issues should I be concerned about?

Discuss liability issues with your city or county risk manager. The single biggest variable to consider when using inmate crews is the issue of providing industrial insurance to inmates. Cities and counties can cover inmate workers under special industrial insurance classification #4907. This provides medical coverage but does not permit inmates to claim for time loss payments while incarcerated. Covered inmates cannot sue for work-related injuries. If you choose to cover inmates, be aware that WISHA training and record keeping requirements apply to those workers covered by industrial insurance. If you choose not to cover inmates and they are injured on the job, they may have the ability to sue the jurisdiction for damages. Jail Industries industrial insurance rates are currently $0.1322 per labor hour.(Labor & Industries Coverage for Jail Industries)-Policy 61.05

Are inmates working on a litter crew “employees”?

No.  Inmates may volunteer or be required to work on behalf on a jurisdiction during their incarceration, but that work does not make them employees of any city or county department. Inmates may be covered by Labor and Industries industrial insurance, but again, this does not give them the status of an employee. You may chose to pay inmates a gratuity or work may be without pay. Work may also be credited toward community service hours requirements. Jurisdictions that do pay are encouraged to make deductions to offset costs of incarceration or to pay towards outstanding fines and restitution orders.

What costs would be involved in putting together a jail industries crew?

The single greatest expense will be staff supervision. This line item will vary depending upon the job classification of the crew supervisor. The bullets below list other costs. When putting together a budget, consider all the sources of funding you have available in the jurisdiction, including using existing resources like vehicles, traffic control equipment or hand tools.

Litter Crew Costs

• Crew supervisor
• Safety training
• Equipment
• Consumable Supplies
• Transportation
• Industrial insurance coverage or self insurance costs
• Potential wage payment to inmates
• Tip fees to dispose of litter

What security requirements will there be?

As a participant in the Department of Ecology litter workshop, you will learn about overall program requirements. Your inmate crews will be under the same requirements as all other possible users of Department of Ecology funds. The one unique feature of using inmate crews is security. The jail needs to screen inmates to allow only low risk, minimum security offenders on the crew. If a correctional officer is not supervising the crew, appropriate inmate supervision training must be provided to the crew supervisor. The jail should also have in place its security policies regarding off-site crews including methods of communication and emergency procedures should an inmate be injured or leave a work site.

Which jurisdictions could field inmate crews?

All counties in Washington operation their own county jail, with the exception of Douglas County, which contracts for services with the Chelan County Regional Jail. Many cities also maintain jail facilities that may have access to inmate workers. Inmates on crews are classified as minimum security, meaning they have been screened to ensure they do not pose an escape or safety risk. Offenders with community service hours to work off may also be put on work crews. The sheriff, police chief and/or jail manager will determine if enough minimum security inmates or offenders with community service hours are available to put together a crew.

How much work and what kind of work can be done?

Anticipate a crew size of between five and ten workers performing a full range of litter pickup and dump cleanup tasks,if all inmates have received the appropriate safety training. Discuss with your jurisdiction’s risk manager if there are any areas or tasks restricted, such as high-speed, high-traffic median areas, or known biological or chemical hazard sites. Even these areas and tasks could be handled with inmate crews, given the proper training. The key limiting factors to consider are the availability of appropriate training, and having inmate crews close enough for efficient transport to work sites.

What types of community or union questions or concerns might arise?

•  Use inmate labor to supplement other available resources, not supplant city or county employees.
• Address all questions and concerns prior to start-up.
• Work with city or county council.
• Negotiate appropriate scope of work with unions.
• Understand legitimate security concerns and deal with them.
• Give citizens information up front and use their feedback to design programs.
• Sell the concept as positive community contribution – not retribution.

How can I get more information on using jail industries crews?