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HomeMy WebLinkAboutAgenda - 05-17-2005-7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 17, 2005 Action Agenda Item No. '7_ q SUBJECT: Prison Labor Report DEPARTMENT: Personnel PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Interim Report on Use of Prison Labor Elaine Holmes, Personnel Director, News Article Extension 2550 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To receive a report on the County's use of prison labor and provide direction to staff on County use of prison labor. BACKGROUND: At the .lanuary 24, 2005 Board of Commissioners' meeting, the Board requested on report on County use of prison labor On March 3, 2005, the Board received the attached interim report. In follow up to that the Board requested this report be scheduled on its agenda to allow an opportunity for the Commissioners' to discuss the use of prison labor and define what County use of prison labor is acceptable. Orange Correctional Center Superintendent Mike Thumm will be present and available to respond to questions or provide additional information, as the Board desires. Superintendent Thumm advises that the Correctional Center has three labor crews, One focuses on highway litter pick up, one works for the Town of Hillsborough through a labor service agreement and the other is available for work on a variety of projects. Types of projects this inmate crew performs include: • Painting, both interior and exterior. • Cleaning, including waxing and stripping floors and all levels of custodial services • Grounds maintenance, including creating plant beds, planting, clearing bn~sh, building nature trails, mowing grass and all level of grounds work, • Vehicle washing. • Simple carpentry such as repairs, building benches or shelving. Superintendent Thumm advises there is an advance labor agreement for any project defining the work to be done and the conditions under which such work are performed are the following: • Must be 10 days in length or less • Must be a site that Corrections can reasonably supervise. • May not involve work around bodies of water. • Must be a safe work site for the inmates such as in not causing exposure to lead based paint or asbestos as well as meeting general safety standards such as providing far safety from traffic and the like. For the work performed the inmates receive 70 cents per day compensation plus time credit that may be used to reduce the inmates sentence (up to 15 percent of the sentence may be offset in this manner). The County may not provide additional compensation to the inmate. There is no charge to the County for the work. The Superintendent advises that on occasion with project completion the employer might provide recognition far the inmates such as a special meal. The Superintendent advises that the work: • Provides an opportunity for the inmate to get out, see people and the community. • Builds skills such as in teamwork, attendance, completing work on time and same specific job skills such as grounds, carpentry, painting, and custodial work. • Builds pride in work and helps the inmate develop a positive attitude about work. FINANCIAL IMPACT: None RECOMMENDATION(S): The Manager recommends that the Board receive the report and provide direction to staff on the acceptable threshold for the County's use of prison labor. ORANGE COUNTY Attachment I HILLSBOROUGH NORTH CAROLINA Manager's Office March 3, 2005 MEMORANDUM TO: Orange County Board of Commissioners FROM: John Link, County Manage SUBJECT: Interim Re ort On Use of Pr on Labor Establis/zed 1752 At the January 24, 2005 Board of Commissioners' meeting, the Board requested a report on County policy and/ar practice as it involves the use of prison labor. I've provided here an interim report. Historically there has been no clear policy definition. In response to the Board's inquiry in 2000, I had provided follow up information with the September 8, 2000 Manager's Memo (Attachment 1). With that memorandum, Public Works had provided the Attachment 2 report. To assess recent use of prison labor, Personnel Director Elaine Holmes surveyed the County departments. Several departments responded. For example, OPT has used prison labor to wash OPT vehicles once a year. Emergency Management has used prison labor in the past to remove storm debris. Elections used prison labor several years ago to help unload ballots and move precinct supplies after an election. Solid Waste contacts DOT annually to request litter pick up on Old 86. Prison labor has been used in the past to clear trash and restack materials at Twin Creeks.. If we were to have a policy, it would be helpful for us to know from Commissioners what you think should be the departing point. One approach would be to use prison labor only for work that could be seen as potentially rehabilitative. Far example, this could be considered in terms of the kinds of goals associated with Work First such as learning to follow instructions, work cooperatively with others, and complete work assignments. One element I would include in this policy is provision that we will not use inmate labor in functions requiring proximity to the public or County employees. I look forward to your thoughts and feedback on this. Meanwhile, we will discontinue use of prison labor without the Board's specific endorsement or further direction. cc: Elaine Holmes 4 Attaclunent 1 MEMORANDUM TO: Orange County Board of Commissioners FROM: .Iolm Link, County Manager DATE: September 8, 2000 RE: Periodic Updates on Signif cant Topics Here are several updates for you as summarized below and in the enclosed attaclmients: L CFICCS Elementarv School #9 We have read recently about the Chapel Hill-Carrboro City Schools' plans to pursue the construction of their ninth elementary school on the donated site at Meadowmont. I expect that this will be one of the topics the BOCC and school boards will talk about at the September 25 work session, as CHCCS has developed a request that the BOCC approve a capital project ordinance that would provide funds for CHCCS to begin fornzal planning for Elementary School #9, Background information on that request is included in Attachment 1. 2. Agenda Items for September 25 Joint Meeting with School Boards Attaclunents 2a and 2b are memos from the two Superintendents outlining the topics that their respective Boards would like to address (time permitting) at the September 25 joint work session, Please review these topic lists and let me or Rod know by the end of next week if there are other topics you would lilte to see included for that meeting. Staff will prepare agenda materials for that meeting the following week, with agenda distribution planned on or about September 21. 3. Inmate Labor Report The Board has expressed interest in recent months about the County's past practices in using minimum-securi. innate labor to assist with various County prgjects. Public Works staff have collaborated with the State Department of Corrections to produce the report at Attaclunent .3. It outlines the State's inmate labor program and cites examples of Orange County's past involvement in the program, We believe we should continue participating in most aspects of the program because of the positive impacts for both the County and inmates involved. However, we will plan to discontinue the use of inmates to perform some of the basic grounds care activities around County buildings because of the public's likely perception of risk. We welcome any Board questions or comments about the information in this report ~ Attachment 2 REPORT PREPARED BY ORANGE COUNTY PUBLIC WORKS s August 10, 2000 North Carolina Department of Correction -The Governor's Community Work Program Purpose To provide a summary report on the use of inmate labor by Orange County under the North Carolina Department of Correction Community Work Program. Introduction The Community Work Program provides state and local governments with supervised minimum- security inmates for work projects, All work projects are performed at no cost to the requesting government agency resulting in the annual saving of thousands of taxpayer dollars in labor costs. Typically, the projects are short term in nature, completion within 5 to 10 days, and are not formalized into inmate labor contracts. However, local governments may enter into contracts with the N. C, Department of Correction to accommodate longer-term projects. Longer-term projects may include building and renovation projects, recreational park improvements, summer maintenance to school facilities, solid waste and recycling collections, community event preparations (Special Olympics and County/State Fairs), In addition to providing labor for government agencies, the program gives inmates an opportunity to develop a work ethic while integrating themselves back into the community by performing symbolic restitution; thus "paying their debt to society" for their wrongdoing. Also, the program provides the Department of Correction Center the opportunity to be good neighbors by sharing their labor force in their local communities, Program History Governor Jim Hunt established the Governor's Community Work Program (CPW) in 1994. According to Governor Hunt, "Prisoners should be performing the time consuming, labor-intensive jobs that communities have a hard time tackling." The program was piloted at the Greene Correctional Institute in Maury, North Carolina and is now available at 43 minimum-security prisons. The Director of Prisons designates the participating prisons, Presently, 150 work crews receive funding equating to mare than 2,000 prisoners working each day. The Orange County Correctional Center, which began participating in 1995, deploys one Community Work Program (CPW) crew and performs a total of more than 20,000 inmate hours annually. Program Operation Governmental agencies request work under the Community Work Program by contacting the minimum-security prison superintendent at their local area correctional center or the Division of Program Services Section in Raleigh. All work performed should be within a 35-mile radius of the prison correctional center, A staff person, designated by the prison superintendent, meets with the 6 requesting agency to evaluate the work requested. The superintendent is the approving authority for all work requests, Criteria for Inmate Participation Inmates participating in the Community Work Program (CPW) must be minimum custody inmates and be physically and mentally capable of performing the work requested for the project. Work Assignments In accordance with General Statute 148-26, inmates sent to North Carolina prisons should expect to work: "All able-bodied prison inmates shall be required fo perform diligently all work assignments provided for them, The failure of an,y inmate to perform such a work assignment may result in disciplinary action. Work assignments and employment shall be for the public benefit fo reduce the cost of maintaining the inmate population while enabling inmates to acquire or retain skills and work habits needed to secure honest employment after their release, " All work requests are reviewed and approved by the local prison correctional superintendent and are typically manual labor assignments, The approved work requests are then categorized into three skill levels and inmate assignments made accordingly. Inmates declining to perform a work assignment are subject to disciplinary action. Examples of Assignments based on skill categories Level l: Janitorial Level II: Land right-of-way clearing, trenching, roadside litter collection, general landscape and park maintenance (raking, weeding, mulching, edging, limb trimming), painting, sidewalk sweeping, fence installation, furniture moving, small renovations, solid waste collection, disaster and adverse weather assistance Level III: Food service (baker, cook) Use of Machinery and Tools Inmates cannot use any machinery unless documented training on the device is made part of the work record. The government agency is responsible for providing any special tools necessary to perform the requested work, Compensation Inmates receive incentive compensation based upon the skill level of their work assignment, The compensation being 40 cents per day far janitorial assignments, 70 cents per day for landscape and building maintenance, and $ 1,00 per day for cooks and bakers, The present monetary, compensation is the same as established for inmate labor 20 years ago. The typical workday is eight-hours and the monetary compensation is received even if less than eight hours of work is performed, i.e. rain or other inclement weather prevents an eight-hour day, North Department of Correction Page - 2 - Community Work Program 7 Sentence Reduction Inmates receive a 6-day a month sentence reduction for each month worked, Supervision One unarmed correctional officer supervises a crew of up to ten (10) minimum-security inmates. The supervising correctional officer and the requesting agency strictly enforce safe work practices.. General Prison Population Profile Inmates, who are mentally and physically able, are assigned work upon entering the regular inmate population. However, many inmates do not possess the education and skills needed to earn a living after their prison release. These inmates receive academic and vocational education to prepare them for future jobs while in prison and/or after their release. The prison population is categorized into three security levels: minimum, medium, and close. Only minimum-security inmates are housed at the Orange County Correctional Center and participate in the Community Work Program. Minimum-security inmates are misdemeanants and selected felons that have either little time remaining on their sentence or who have been determined not to present a high security or escape risk. They are housed in correctional centers without manned gun towers or other security devices. Work assignments allow these inmates to help their families by sending money home, pay taxes and otherwise lessen the financial burden of incarceration. These inmates are supervised by one unarmed correctional officer at the ratio of one officer tc ten (10) inmates. Department of Correction Community Work Program # of Security Classification and Work Assignment Inmates Assigned Program Description 437 Lang-term Contracts with State and Minimum security inmates Local Government A encies Various work assi nments 279 Short-term Contracts with State and Minimum security inmates Local Government A encies Various work assi nments The information above was gathered from the N. C. Department of Correction web site, the Director of the N. C. Department of Correction, Orange County Prison Superintendent, and Orange County Community Work Program Officer Braswell. North Department of Correction Page - 3 - Community Work Program a The maximum number of inmates housed at the Orange County Correctional Center is 176, All inmates are minimum security and no sexual offenders are housed at this Center. The minimum-security inmates housed at the Orange Correctional Center as well as at all other correctional centers in North Carolina are serving sentences for various misdemeanor and felony crimes. Inmates convicted of misdemeanors represent only approximately five (5) percent of the minimum-security inmate population at any given correctional center, The remaining minimum- security inmates have been convicted of crimes, which range from driving while impaired, breaking and entering, and drug crimes to robbery and murder. Inmates convicted of felony crimes become declassified to minimum security as a result of having little time remaining nn their sentence or being deemed not to present a high security or escape risk by the prison system. Presently, the Orange County Correctional Center deploys eight (8) work crews, one (1) Community Work Program Crew and seven (7) N. C. Department of Transportation Road Crews. In 1999, the one (1) Orange County Community Work Program Crew performed over 20,000 total labor hours; 3,440 of these hours were Orange County government work assignments, Crews performed various assignments for the Public Works Department and washed vehicles for the Department on Aging. Primarily, the work assignments performed for Orange County government place inmates in limited proximity with the general public and government employees and require no entry into occupied government buildings.. All requested assignments expose inmates to the same working conditions as Orange County government employees who would perform the work in the absence of inmate labor. Work Assignments Performed by CWP Inmates for Orange County • Litter collection from right-of-way areas ~ Monthly, CWP inmates collected litter along right-of-ways in the surrounding areas of the six Solid Waste Convenience Centers and in other areas designated by the Sanitation Division. • Vegetation removal from fences J Twice annually, CWP inmates removed vegetation from the fence lines at the six Solid Waste Convenience Centers, • General grounds maintenance, i,e, weeding, mulching, sweeping of parking lots ~ Quarterly, CWP inmates assisted the Building and Ground Division with plant bed maintenance at the Government Services Center, Southern Human Services Center, Court Street Annex, New Courthouse, Old Courthouse, REWHS Center and the Northside Center • Fence installation assistance Under the supervision of the Motor Pool Supervisor, CWP inmates installed an impound fence at the Public Works Facility, • Snow/ice removal from parking lots North Department of Correction Page - 4 - Community Work Program 9 ~ During the 1999-2000 winter, the CWP inmates assisted the Building and Grounds Division with the removal of snow and ice from the sidewalks and parking lots of all downtown buildings, excluding the Sheriffs Department, following each snow and ice storm. Officer Braswell contacted Orange County Public Works and offered the services of The CWP inmate crew. The CWP inmate crew would arrive at a work site by 7 a.m. following each storm under the supervision of Officer Braswell of the NC Department of Correction. Officer Braswell consistently dispatched this CWP inmate crew as a sign of community cooperation and aid. Also, once the snow and ice melted, the GWP inmates returned and assisted with the clean up of these areas by removing all salt and sand residuals. In addition to the aforementioned downtown areas, this clean up included the driveway access to the Southern Human Services Center. • Windstorm damage clean-up from the storm that caused extensive damage to the downtown area ~ On the day following the storm, Officer Braswell and the OWP inmate crew again responded without being requested, With their assistance, the community recovered quickly. • Cleaning and organization of storage and supply areas CWP inmates assisted the Building and Grounds Division with the cleaning of vacant storage facilities, i. e. Old Orange Enterprises, Old ABC store on 49 and Orange County Public Works facility storage areas. • County annual auction sale preparation ~ CWP inmates assisted the Building and Grounds Division with the organization of surplus items by moving and neatly stacking such items as directed, • Washing of vehicles ) CWP inmates on numerous occasions washed county vehicles including CAT and OPT buses for the Department on Aging. North Department of Correction Page - 5 - Cornmunity Work Program 10 Considerations for the Use of Inmate Labor Positive • Development of inmate personal pride (source N, C, Department of Correction) • Opportunity for inmates to give something back to the community; "paying their debt to society" (source N. C. Department of Correction) • Development of inmate work ethic (source N. C, Department of Correction) • A sense of commitment and accomplishment by inmates (source N. C, Department of Correction) • Training and skill development of inmates, i.e. landscape maintenance, painting, constn~ction (source N, C, Department of Correction) • Community participation in the rehabilitation process (source N, C. Department of Correction) • Timely and cost effective completion of various work assignments (source N. G. Department of Correction and Orange County Public Works Department) Inmates supplement the County's labor force and assist in the completion of tasks which are Orange County Public Works Department functions, i.e. litter collection, general grounds maintenance, washing of vehicles, organizing and moving surplus items to facilitate the county's annual auction, Inmate labor allows completion of projects in a timely and cost effective manner, Without the used of inmate labor, this work would require the use of private contractors or the diversion of Public Works staff from their normal work assignments, • Saving of taxpayer dollars (source N, C, Department of Correction and Orange County Public Works Department) Reduction of contract labor expenditures Elimination or reduction of overtime compensation as well as fatigue to county employees as a result of the additional work hours • Improved response .time during ice/snow and natural disaster operations (source N. G. Department of Correction and Orange County Public Works Department) • Participation in the rehabilitation and skills improvement of inmates (source N. C, Department of Correction) Negative • Employee and public concern regarding inmates working in close proximity to them (source Orange County Public Works Department) • Risk of inmate committing an offense (source Orange County Public Works Department) North Department of Correction Page - 6 - Community Work Program 11 • Minimum risk of inmate escaping (Orange County Public Works Department) Summary The Orange County Public Works Department recommends that the Orange County Manager review and consider the information presented in this report and provide direction on the use of inmate labor under the Community Work Program of the N, C, Department of Correction.. ~. North Department of Correction Page - 7 - Community Work Program cos futures Forum addresses life after prison BY THONIASI MCDONALD STAFF WRITER RALEIGH -Garry Battle s biggest adjustment when he was released from prison in 2003 was not fmd~ ing a job or learning to surf the In- ternet. It was seeing his friends and family members hooked on crack cocaine. "Crack wasn't like that when I left," said Battle, who was con- victed of seconfl.degree murder and served 17 years. "Young women prostituting themselves, That hurt me most, seeing my family members on drugs," Bathe was a featured speaker at an ex-offenders' conference Sat- urday at the Building Together Ministries Neighborhood Center and Hope Charter School at 1119 N, Blount Street. About 100 ex- cons, community support groups and activists attended the forum aimed at building better futures. The all-day event was billed as the first conference held for and by ex-offenders. It was the brain- child of Mazsha Gibbs of Step Out Ministries in Raleigh and Dennis Gaddy, an inmate at the Wake Correctional Center, Gaddy helped to start the Community Success Initiative -which seeks to develop leadership and re- sources in low-income areas - while on work release with the Good Work nonprofit in Durham, Gaddy has worked at the non- profit for the past three years as a leadership trainer and personnel coach. "You always hear about these conferences being held by people who haven't been to prison trying to give solutions," said ('caddy, who is also working toward ex-of- fender status, The warm, easy- going organizer will be released from prison June 20 after serv- ~~~~~ CONTINUED FROM PAGE 18 ing a five-year prison sentence for what he described as "unwise fi- nancial choices." Gaddy said while serving time, he, Battle and others often talked about hosting a conference like Saturday's. "Who better than us would know the solutions?" Gaddy asked, Gaddy pointed to Battle, who now supervises a Raleigh scaffold- ing yard, as an example. Battle, who spoke at the conference, is a homeowner with a tWOrar garage and plans to mazry in September, Another speaker, evangelist Gloria McCauley of Burlington, served about three years in prison after being convicted of embez- zlement and possession of co- caine. She founded and directs God Did It Recovery House For Women. She operates two tran- sitionalhouses for women with a third one set to open in Manteo for women and children. Ex-offenders trying to readjust to society are often hit with hazsh realities when they return to the streets, They may have difficulty finding a job or have unrealistic expectations. Many feel thrown away or forgotten, 'Persistence, but first of all the Lord," McCauley answered when asked how she made the transition from prison into the mainstream, "Why not share some success stories?" Gaddy asked. "You al- wayshear about the negative stuff, but we had some stories here today that would blow peoples' minds," Those at Saturday's conference all said family, church and com- munitysupport are necessary for recently released ex-cons. Topics at the conference included the disproportionate number of African-Americans in prison. "You remember those cam- paigns tostop teenage pregnancy years ago?" Battle asked. "The Attachment 2 kids 1 saw coming to prison were the products of those pregnan- cies. Now the mom is 36 and the lcid is 16. Mom is at [Raleigh nightclubs]. What does the kid do? He gets into trouble." ,For Rev. D, L. McCoy, the need to heed the words of the old African parable, "It takes a vil- lage to raise a child," bas never been greater 'Tm tired of seeing my people get tinglorked up," saidMcCoy, pastor of the Pleasant Hffi United Church of Christ o(f I,alce Wheeler Road. "[Prison] is modern day slavery," McCoy said every sector of the black community, particularly the church, needs to engage the is- sue. "They are building mega churches in our neighborhood and they aren't doing nothing," said McCoy, who lives off Sanderford Road, Staff writer Thomasi McDonald can be reached at 829-4533 or tmcdanalCtnewsobserveccom. 12 SEE FUTURES, PAGE 78