Policies, protocols, paperwork re: inmate labor/work assignments at private prisons (Hawaii Department of Public Safety)

Beryl Lipton filed this request with the Hawaii Department of Public Safety of Hawaii.
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Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to Hawaii's Uniform Information Practices Code, I hereby request the following records:

Absolutely any and all materials - including, but not limited to, policies, protocols, forms, reports, spreadsheets, and any other relevant material - related to the use and implementation of the labor of individuals held at for-profit or contracted prison facilities under the jurisdiction of this state. If state law in this area applies also to local or federal facilities contracted with a for-profit prison operator, provision of these relevant materials would also be appreciated.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Beryl Lipton

From: Nobriga, Shelley D

Ms. Lipton,

Here is the relevant information contained in PSD's contract with Core Civic (CCA). Any operational questions should be directed to Core Civic (CCA).

14. The PROVIDER's facilities shall provide sufficient workline opportunities to allow every Inmate in general population who meets the relevant criteria to participate in vocational, industrial and other work programs in accordance with CCA Policy and ACA Standards. Inmates may be required to work, when ordered to do so by the facility. However nothing contained herein shall be construed to permit or require Inmates to participate in any training, education, industrial, or other program contrary to the laws of the State:

a. Inmates shall not be eligible for furloughs or participation in any community work release program. Landscaping worklines outside of the perimeter fences shall need prior approval by the PSD's Mainland & FDC Branch Administrator;

b. At any given time, at least two-thirds of the Inmates who meet the relevant criteria to participate in vocational, industrial or other work programs in accordance with ACA Standards shall hold full-time jobs. A full-time job is defined as a job requiring at least six (6) hours of work per day for five (5) days per week. (The 6 hours per day may be spent in the actual full-time job or in other vocational, education or in industrial training sessions.);

c. Inmate labor may be used for facility operations and maintenance. However, the PROVIDER or any of its subcontractors or agents shall not personally benefit from the labor of any Inmate, and no Inmate shall be placed in a position of authority over another Inmate;

d. Inmates assigned to jobs shall receive pay equal to the pay amount at the STATE's correctional facilities. Workline assignments shall be in accordance to CCA Policy. The STATE shall reimburse the PROVIDER for Inmate pay, which amount shall be included as a separate item on the monthly invoice. The STATE reserves the right to limit the number of hours worked for any future month. Inmates shall not be entitled to any worker's compensation benefits under Chapter 386, Hawaii Revised Statutes, nor shall its Inmates be considered to be an employee of the STATE or the PROVIDER;

Shelley Nobriga
Intake Service Center DA
Litigation/PREA Coordinator
919 Ala Moana Blvd. #401
Honolulu, HI 96814
shelley.d.nobriga@hawaii.gov

ph. 808-587-1260
fax. 808-587-2568

Chief Justice William Rehnquist wrote in U.S. vs. Salerno: "In our society, liberty is the norm and detention prior to trial or without trial is the carefully limited exception."

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