A WORKBOOK

monograph

DEVELOPING A

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

Bureau of Justice Assistance

JAIL INDUSTRY
This document was prepared by Community Resource Services, under grant number 

96–DD–BX–0045, awarded by the Bureau of Justice Assistance, Office of Justice Programs,

U.S. Department of Justice. The opinions, findings, and conclusions or recommendations 

expressed in this document are those of the authors and do not necessarily represent the 

official position or policies of the U.S. Department of Justice.

The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also

includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile

Justice and Delinquency Prevention, and the Office for Victims of Crime.

U.S. Department of Justice

Office of Justice Programs

810 Seventh Street NW.

Washington, DC 20531

John Ashcroft

Attorney General

Deborah J. Daniels

Assistant Attorney General

Richard R. Nedelkoff

Director, Bureau of Justice Assistance

Office of Justice Programs

World Wide Web Home Page

www.ojp.usdoj.gov

Bureau of Justice Assistance

World Wide Web Home Page

www.ojp.usdoj.gov/BJA

NCJ 182506
Bureau of Justice Assistance

Developing a Jail Industry

A Workbook

Rod Miller

with George Sexton and Vic Jacobsen

August 2002 Monograph NCJ 182506
iii

Developing a Jail Industry: A Workbook

In 1987, the National Institute of Justice became actively involved with the

jail industries initiative to identify the range of practices in U.S. jails, learn

about successful programs and strategies, promote interest in the concept,

and provide new resources to help counties develop—or expand—industry

efforts. In 1992, the Bureau of Justice Assistance (BJA) began funding

continuation efforts, including the BJA Jail Work and Industry Center,

which serves as a national clearinghouse for information and assistance.

This document has been developed and revised with the support of both

agencies.

Preface
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Developing a Jail Industry: A Workbook

Preface............................................................................................................. iii

Chapter 1 Introduction to Jail Industries ............................................... 1

Work Is the Common Denominator for “Jail Industries” ....... 1

Benefits Are Many and Varied ................................................ 1

Overcoming Obstacles—You Can Operate a Jail Industry ..... 3

Research Demonstrates Diversity and Flexibility ................ 3

Private-Sector Opportunities ................................................... 5

Consider the Range of Practice .............................................. 10

Objectives for Industries ......................................................... 11

Resources .................................................................................. 12

Chapter 2 Key Development Principles ............................................... 13

Build a Strong Foundation ..................................................... 13

Learn From Others .................................................................. 13

Analyze Potential Opposition................................................ 14

Participate To Succeed ............................................................ 15

Take the Time To Plan ............................................................ 15

Use All Available Resources .................................................. 16

Chapter 3 Components of the Development Process ........................ 17

Suggested Approach ............................................................... 17

Development Questions To Be Answered ........................... 18

Specific Components of the Development Process ............ 18

Foundation Decisions .................................................... 18

Development Activities ................................................. 19

Chapter 4 Workbook: A Step-by-Step Guide ..................................... 21

Who Should Use This Workbook? ........................................ 21

Why Use This Workbook?...................................................... 21

When Should This Workbook Be Used? .............................. 21

Contents
Phase 1: Foundation Decisions ............................................ 22

1. Identify Sources of Guidance and Policy........... 23

2. Determine Goals and Objectives ......................... 25

3. Determine What Is Allowed by State and

Federal Law and What Standards and

Regulations Apply ................................................. 27

4. Determine Who Should Be Served

(Public or Private) .................................................. 32

5. Determine the Types of Inmates Available To

Work and How They Will Be Selected ............... 34

6. Determine Methods for Motivating Inmates .... 38

7. Determine Where Work Can Occur.................... 39

8. Identify Sources of Assistance

and Resources ......................................................... 40

Phases 2 and 3: Development Activities and

Business Planning .................................................................. 41

9. Identify Sources of Financing

for the Program ...................................................... 42

10. Determine Who Will Manage and Supervise

the Program ............................................................ 43

11. Determine How To Coordinate With Jail

Programs, Security, and Inmate Classification .... 44

12. Identify Potential Customers and Create a

Process for Selecting Products and Clients ....... 45

13. Plan To Manage Risk ............................................. 48

14. Prepare Policies and Procedures for Operations,

Recordkeeping, and Bookkeeping ...................... 49

15. Develop and Implement a Business

Plan for Each Distinct Industry ........................... 50

References ...................................................................................................... 53

Sources for Further Information ............................................................... 55

Contents (continued)

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1–1 Jail Industry Benefits and Beneficiaries ....................... 2

1–2 Obstacles and Approaches to Overcoming Them...... 4

1–3 Percentage of Inmates Working by Size of Jail ........... 5

1–4 Creative Forms of Compensation ................................. 6

1–5 Description of Work and Industry Activities:

Inmate Work or Compensation..................................... 7

1–6 Characteristics of Several Jail Industries ..................... 9

1–7 Methods of Compensation........................................... 10

2–1 Potential Sources of Opposition to an Industry

Program .......................................................................... 15

4–1 Recipient of Inmate Labor............................................ 32

4–2 Advantages and Disadvantages of Public- and

Private-Sector Business................................................. 34

4–3 Sentenced and Unsentenced Worker Inmates

by Size of Jail on June 30, 1993 .................................... 36

4–4 Ten Jail Industries That Can Operate in a Closet ..... 39

Exhibits

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Developing a Jail Industry: A Workbook
1

Developing a Jail Industry: A Workbook

Work Is the Common Denominator for

“Jail Industries”

The National Institute of Justice (NIJ), the Bureau of Justice Assistance (BJA),

and many professional organizations have adopted a broad view of “jail industries.” For this workbook, a jail industry is defined as an industry that

uses inmate labor to create a product or provide a service that has value for a

public or private client and that compensates inmates with pay, privileges, or

other benefits.

Using this definition, almost every jail operates at least one industry. When a

trusty cuts the grass in front of the jail and is rewarded with privileges, the

elements of a jail industry are present. At the other end of the industry continuum, inmates work for private-sector firms—producing items for sale

throughout the United States and earning real wages (up to $10 per hour).

Between these endpoints, there are many different approaches, programs,

and opportunities.

The American Jail Association (AJA) has acknowledged the importance of

jail industries in many ways, including publishing articles in American Jails

magazine and hosting industry workshops at most annual training conferences. AJA has accepted the Jail Industries Association (JIA) as its first organizational affiliate, underscoring its commitment to jail work programs.

The National Association of Counties (NACo) has adopted the privatesector perspective on jail inmate-made goods sold through interstate commerce that underscores the need to pay inmates real wages (as interpreted

by NACo to be the prevailing wage of the local community) and ensure that

“real work” is accomplished.1 The NACo policy suggests that salaries from

such ventures can help defray the costs of incarceration, help offenders support their families, be subject to taxes, and be used to pay restitution. Recently, the National Sheriffs’ Association (NSA) adopted a similar policy.

Benefits Are Many and Varied

Many counties have realized enormous benefits from their jail industry

programs. These include:

Chapter 1

Introduction to Jail Industries

1. NACo Policy J. Private Industry in County Correctional Programs. Counties are

encouraged, where economically feasible, to jointly develop with private industry and

organized labor productive work experiences for inmates that teach marketable skills and

good work habits and provide real wages. Inmates should be judged on their productivity.

Congress should, with the support of organized labor, remove restrictions prohibiting

inmate-made goods from being sold through interstate commerce.
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Bureau of Justice Assistance

❑ Becoming self-sufficient (and sometimes profitable).

❑ Providing inmates with meaningful work experience and income.

❑ Reducing inmate idleness.

❑ Reducing inmate tension and misconduct.

❑ Improving skills for postrelease employment.

❑ Providing positive publicity.

❑ Relieving crowding.

❑ Providing an inmate management tool that promotes better inmate

behavior.

❑ Increasing inmate incentives.

❑ Contributing to the community.

Counties that operate jail industries agree that the programs offer one of the

few win-win opportunities in corrections. Everyone benefits from a successful industry program—the jail, taxpayers, communities, families, and inmates (exhibit 1–1).

The public benefits both financially (the program provides services or products at low or no cost, and there is less vandalism and property damage in

the jail) and socially (the program increases the likelihood of inmate success

upon release and reduces overcrowding).

Jail administrators and staff benefit from an improved jail environment (less tension, damage, and crowding) and are provided with a

Exhibit 1–1 Jail Industry Benefits and Beneficiaries

Beneficiary

Industry Benefit Public Jail Inmate

1. Self-sufficient or low-cost program X X

2. Inmate work experience and income X X

3. Reduced inmate idleness X X

4. Reduced inmate tension and misconduct X X X

5. Inmate incentives for good behavior X X

6. Improved skills for postrelease employment X X X

7. Positive publicity X X

8. Community contributions X X X

9. Less overcrowding X X X
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Developing a Jail Industry: A Workbook

management tool both to encourage positive inmate behavior and to form

a more visible and positive public image.

Inmates clearly benefit from increased work activities, experience, and, sometimes, earnings. Further, as tension, destruction, and crowding in the jail are

reduced, inmates enjoy a better living environment. For some inmates, their

experience in the industries program breaks a lifetime pattern of failure by

helping them secure and maintain meaningful postrelease employment.

Overcoming Obstacles—You Can Operate a

Jail Industry

Experience shows that jail industries can be operated under almost any

condition. Exhibit 1–2 lists examples of programs that have overcome

some of the most common obstacles in establishing jail industries.

Research Demonstrates Diversity and

Flexibility

In 1988, Abt Associates Inc. (managers of the NIJ project team) conducted

extensive telephone surveys with 18 cities and counties that operate jail

industries and work programs. In February 1988, the National Institute of

Corrections (NIC) hosted a weeklong workshop in Boulder, Colorado, for

representatives of 16 programs. Through active participation, information

and insight concerning all facets of jail industries were shared. Participants

became key members of the project team by contributing their experiences

to newly drafted resource materials.

In 1993, NIJ commissioned a national survey of jail work and industries programs. The results, described in Work in America’s Jails (Miller, 1997), suggest

that jail inmates currently contribute as many labor hours as paid jail staff

(exhibit 1–3). The survey discovered many creative forms of “other” compensation (exhibit 1–4).

The 1995 BJA Jail Work and Industry Symposium held in Houston, Texas,

provided the opportunity for officials from 19 diverse cities and counties to

examine critical issues associated with their programs. A pre-symposium

questionnaire revealed many interesting comparisons among the programs.

Exhibit 1–5 lists the practices of programs that participated in the BJA symposium, and exhibit 1–6 lists some characteristics of jail industries in the

jurisdictions that participated in the symposium.

One of the most interesting and difficult tasks at NIC’s 1988 Boulder workshop was to define jail industries. Four key questions about their operations emerged during discussions:
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Bureau of Justice Assistance

Obstacle Approach

Not enough space in jail Strafford County, New Hampshire, started its pioneering privatesector electronics program in little more than a closet. Hampden

County, Massachusetts, found space outside the jail. Arlington

County, Virginia, uses dayroom space. Many types of industries can

operate in space currently available—some can use inmate day

spaces.

Not enough funds for Belknap County, New Hampshire, created its private-sector program

an industry with no additional funds or staff. Arlington County, Virginia, uses

existing county employees from other departments to expand the

program’s workforce.

Not large enough for New Hampshire’s Strafford County (100 beds) and Belknap County

an industry (50 beds) are highly successful industry programs in small jails. An

even smaller jail in Minnesota produces wood products.

Not allowed to operate Restrictions on the use of inmate labor vary by state, but meaningful

an industry opportunities exist in every state. For example, Pennsylvania law

restricts the public-sector market for jail products, so the Philadelphia

program successfully creates and sells its products within those

parameters.

No support from local businesses Business and labor have become some of the strongest

or labor unions supporters of jail industry programs, after having a chance to help

develop and shape them. Consult with them at the outset, but be

ready to accept some of their conditions. In Iowa, labor unions have

become one of the strongest supporters.

Security risk too great Products and services are carefully selected to complement security

concerns. Montgomery County, Maryland, routinely consults with

security staff when any new work project is being considered.

Not enough long-term, Successful jail industries shape their programs to the unique

sentenced inmates characteristics of the inmate workforce. In Strafford County, New

Hampshire, some industries use pretrial inmates, classified as

medium-security risks, who spend as little as 3 weeks in confinement.

Exhibit 1–2 Obstacles to Jail Industry Programs and Approaches to Overcoming Them
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Developing a Jail Industry: A Workbook

Percentage of Inmates Who Work

Capacity of Jail 6 or More Hours per Day

1–49 beds 11.6

50–249 beds 22.0

250 or more beds 23.4

All jails 18.2

Exhibit 1–3 Percentage of Inmates Working by Size of Jail

❑ Are inmate workers paid? At what rate are they paid?

❑ Where is the work accomplished? Is work performed within the jail’s

security perimeter, in nonsecured areas, or in the community?

❑ Is the customer base from the public or private sector?

❑ Is the offering a product or service? Does inmate labor produce a

product or a service?

The 1993 NIJ survey revealed many insights into the nature of the nation’s

jail industry programs. For example, respondents reported several methods of compensation for inmate workers (exhibit 1–7).

The NIJ survey discovered that almost all jails have inmates working inside

the jail. Ninety-three percent of respondents reported that inmates work inside the jail, 73 percent reported that inmates work adjacent to the jail (at the

same site), and 63 percent reported that inmates work away from the jail.

Private-Sector Opportunities

In 1979, Congress amended the laws restricting sale of inmate-made goods

through interstate commerce; seven states were exempted from the prohibitions. The 1984 Justice Assistance Act expanded the private-sector initiatives authorized in 1979. Under this act, up to 20 correctional agencies can

be certified for exemption from interstate commerce bans. Certification is

coordinated by BJA, through a grant to the Correctional Industries Association (CIA).

The 1984 law provided the first clear opportunities for local governments to

apply for certification, although the first such unit was not certified until

1987 (Dover, Strafford County, New Hampshire). Of the 50 certificates now

available under federal law, several have been awarded to counties, including Strafford County in 1987 and Belknap County in 1988 (both in New

Hampshire), Red River County, Texas, the Washington State Jail Industries

Board, and Utah County, Utah.
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Bureau of Justice Assistance

In February 1989, the American Correctional Association facilitated a meeting of key officials from the local, state, and federal levels, including BJA

personnel, that led to the development of new approaches for organizing

and operating jail industries. As a result, pilot legislation was passed in

Maine, and expanded legislation was adopted in the state of Washington

that linked counties starting jail industries and opening private-sector markets. New BJA regulations allow that a certificate held by any governmental

unit within a state be shared with other units.

For the latest information about private-sector certification, contact the Bureau

of Justice Assistance at 810 Seventh Street NW., Washington, DC 20531.

Exhibit 1–4 Creative Forms of Compensation Offered by Jail Industry Programs

Type of Compensation

Percentage (Number of responses, if more than one, in parentheses)

11.8 Food: Barbecue (2), extra beverages (6), extra food (26), three meals per day (2),

kitchen access, ice, microwave (2), eat in dining hall instead of cell or dayroom.

9.8 Visits: Contact visits (16), extra visits (14).

8.1 Extra privileges: Extra library time, extra recreation (9), better recreation equipment, later lockdown (3), no lockdown (5), weight machines in dayroom.

7.6 Better conditions of confinement: Housing (3), furniture, special housing/dorms/

better cells (10).

5.1 Fees/fines/costs: Do not pay room/board, free dental, free medical, inmate

program to pay existing fines (inmates volunteer), no housing charge (2), work off

fines/costs (12).

5.1 Commissary: Discounts (3), extra commissary items (6), free cigarettes/coffee,

free store call, vending machines.

4.8 Release: Early release (2), furloughs (5), good time (8).

4.2 Classification/status: Minimum-security classification (4), trusty status (4), work

release (7).

3.7 Smoking privileges.

3.7 Television/entertainment: Better cable TV, headset radios, movies, TV/extra TV

(9), videocassette recorder.

3.1 Movement: Allowed outside (3), freedom to move about facility, limited outside

movement, mobility, out-of-cell time (5).

2.5 Phone.

2.2 Community service time.
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Developing a Jail Industry: A Workbook

County/City/ Privileges

State Organization Paid Amount(s) Time Off (list) Other

CA Santa Barbara No x

Santa Clara No x Better housing,

longer visits,

distinctive

clothing,

certificates,

barbecues

FL Metro Dade Yes $3/day Free commissary,

County $5/week for early release as

some result of extra

good time

PRIDE of Yes $2–$4/day $0.25–$0.50/

Florida hour; $0.15 for

every dollar

earned, in addition

to their pay, to the

Department of

Corrections’ victim

restitution fund

HI Hawaii Yes $1–$8.90/ x

Correctional hour

Industries

MA Barnstable Yes* x One-third of

money earned

through work done

for private industry*

Hampden Yes* Industry x More time out Work boots

workers of cells provided*

$0.50–$1/hour

MN Hennepin Yes $6 (offsite) Institutional labor—

$4/day

NH Belknap Yes x Television, industry

crew hiring pool,

later lights out

Exhibit 1–5 Description of Inmate Work Compensation

* Some, but not all, workers are paid.
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Bureau of Justice Assistance

* Some, but not all, workers are paid.

NH Strafford Yes $4.25–$5/hour Job reference,

bonuses for special

effort

NJ Middlesex Yes $1/day x

$2 kitchen

NV Washoe Yes* $2–$3.60/day x Industry workers

are paid; other

workers are not

paid*

NY Westchester Yes $2–$4/day

OH Corrections Yes Prevailing wage x Extra visits, Extra TV/snack

Center of extra earned

Northern Ohio credit, commissary,

money

PA Lancaster Yes $1–$1.83/day x Extra clothing,

personal clothing,

use of vending

machines

PHILACOR Yes $1.32– x

(Philadelphia) $2.04/day

VA Arlington Yes Up to $4.25/ x Extra visits

hour

WA Clark One-third Extra food, being

good time outside, smoking

privileges

King Yes $2.50/day to Pizza, soda,

spend on com- coffee, extra

missary items, food, smoking

gratuities, and outside, going

so forth off grounds,

positive reinforcement

Exhibit 1–5 Description of Inmate Work Compensation

(continued)

County/City/ Privileges

State Organization Paid Amount(s) Time Off (list) Other
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Developing a Jail Industry: A Workbook

Where Do Inmates Work?

Inside Jail

Percentage Housing but Away

of Total Unit Near From

 County/City/ Inmate (cells and Housing Housing Adjacent Away

State Organization Population dayroom) Unit Unit to Jail From Jail

CA Santa Barbara 17 x x x x

Santa Clara 15 x x x x x

FL Metro Dade County 15 x x x x

PRIDE of Florida ? x x x

HI Hawaii Correctional

Industries 19 x

MA Barnstable 23 x x x x x

Hampden 19 x x x x x

MN Hennepin 33 x x x

NH Belknap 22 x x x x

Strafford 40 x

NJ Middlesex 19 x x x x x

NV Washoe 25 x x x

NY Westchester 10 x x x x x

OH Corrections Center of

Northern Ohio 35 x x x x x

PA Lancaster 14 x x x

 PHILACOR

(Philadelphia) 13 x x x x

VA Arlington 27 x x x x x

WA Clark 10 x x x x

King 10 x x x x x

Exhibit 1–6 Characteristics of Several Jail Industries
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Bureau of Justice Assistance

Consider the Range of Practice

Many different programs can be called jail industries. The NIJ survey found

that inmates performed diverse work activities, including cleaning (95.6 percent), laundry (86.4 percent), groundskeeping (80.4 percent), food service

(79.6 percent), maintenance (70.2 percent), painting (6.0 percent), highway

litter/county road litter patrol (6.0 percent), washing/waxing cars (5.2 percent), recycling/landfill work (5.0 percent), road work (4.4 percent), community service (4.4 percent), clerical/office work (3.9 percent), carpentry work

(2.8 percent), farming/livestock (2.8 percent), landscaping (2.8 percent), auto

repair/mechanic (2.8 percent), and other (36.3 percent).

Other types of work activities were reported by less than 2 percent of jails,

including caring for animals at a humane society, public works, construction,

moving, commissary operations, education programs/teaching or tutoring

other inmates, county parks, print shop, law library, constructing/renovating

houses, cemetery cleanup, trash collection, fairgrounds, sewing/tailor shop,

butcher shop, logging/woodcutting, load/unload trucks, barber, envelope

stuffing, food distribution, building community playgrounds, sign engraving, repair/build sidewalks, electrical/janitorial work, maintenance/groundwork at the courthouse, fire agencies, answer telephones, dog walking and

grooming, stocking supplies, small engine repair, metal shop, greenhouse,

sanitation, sales work, photographer, setting up for community events, laborer, nonprofit projects, computer work, clean courthouse, event parking,

chaplain’s assistant, field gleaning, docks construction, assembly work, carpet installation, Department of Natural Resources work, tree planting, helping with art fair, disaster cleanup, county water works, and snow removal.

An initial analysis of the responses suggests that more than 80,000 jail inmates currently work 6 or more hours daily. If applied to the current jail

population, which exceeds 718,000 inmates, these findings suggest that

full-time inmate workers contribute more than 202 million hours of labor

annually. This does not acknowledge the labor of inmates who work less

Exhibit 1–7 Methods of Compensation

Type of Compensation Percentage of Jails

Pay 19 (average daily wage of $4.08)

Time off of sentence 63

Extra privileges 47

Other types of compensation 18
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Developing a Jail Industry: A Workbook

than 6 hours daily. Viewed another way, the NIJ research suggests that it

would take nearly 115,000 full-time staff members to replace the hours currently worked by inmates in the nation’s jails. It is noteworthy that, according to the most recently published jail census, jails employ more than

214,000 full-time staff members. There are strong incentives for jail managers to increase the inmate workforce. For example, a 1-percent increase in

the proportion of inmates who work 6 hours or more daily would produce

more than 11 million additional labor hours annually.

Objectives for Industries

Each of the 18 sites surveyed by NIJ in 1988 reported a variety of objectives

for industry programs. In order of frequency, the projects sought to:

❑ Develop work habits and skills in inmates.

❑ Generate revenue or reduce costs for the county.

❑ Reduce inmate idleness.

❑ Meet needs in the community.

Although these four goals were common to most programs, many other

goals and objectives were identified within individual programs:

❑ Help inmates become self-sufficient.

❑ Provide inmates with funds for postrelease.

❑ Reduce the jail population.

❑ Raise money for charity.

❑ Provide inmates with incentives to participate in the program.

❑ Increase the sense of responsibility among inmates.

❑ Teach the work ethic.

❑ Reintegrate inmates into society.

❑ Provide employment opportunities for inmates after they are released.

❑ Reduce recidivism.

❑ Avoid competition with state correctional industries.

❑ Employ as many inmates as possible.

One of the most serious mistakes identified in early industry programs

was overstating initial objectives. Lofty goals often became unreasonable

objectives, but programs usually were able to revisit those decisions during the first year of operation. Similarly, many current programs reported

a lack of formal and continuing evaluation. The lack of evaluative insight

made it difficult to improve programs and refocus objectives.
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Bureau of Justice Assistance

Resources

The cornerstone of the NIJ research and development effort was the comprehensive and detailed book, Operating Jail Industries: A Resource Manual

(Sexton, Miller, and Jacobsen, 1990). This manual provides extensive information on jail industry operation, including examples from programs

throughout the United States. NIJ also created the Jail Industries Network,

which has identified hundreds of jail industry programs and has mobilized

experienced professionals throughout the United States to assist interested

counties.

The resource materials and network have been updated and expanded

through the efforts of the Bureau of Justice Assistance and the BJA Jail

Work and Industry Center, which serves as a national clearinghouse on the

topic. The National Institute of Corrections is also a continuing source of

assistance and information such as resource materials and other documents. NIC technical assistance programs offer a variety of resources, including visits to pilot programs and onsite assistance from a consultant.

The Jail Industries Association was formed as a result of NIJ’s 1988 meeting of industry program pioneers and has expanded to provide members

with a central source of information and support.

For more information about any of these resources, contact:

BJA Jail Work and Industry Center

P.O. Box 555

Poolesville, MD 20837

301–349–5701

www.correction.org

The Center has a database that describes the specific work activities of

more than 1,600 jails. The Center also has a growing library of sample

business plans, committee reports, articles, and other materials.
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Developing a Jail Industry: A Workbook

Research suggests that the development process may be the key determinant

of a jail industry’s initial success. Based on early NIJ research and the experience of practitioners, the following development principles have been

identified:

❑ Build a strong foundation.

❑ Learn from others.

❑ Analyze potential opposition.

❑ Participate to succeed.

❑ Take the time to plan.

❑ Use all available resources.

Build a Strong Foundation

Developing and maintaining a jail industry program require broad-based

support for both assistance in solving problems and simple survival. Special

attention is required during the development process to ensure that a solid

program foundation is established.

Learn From Others

Corrections administrators who operate jail industries are excellent

resources for all aspects of the development process. Many industry

programs studied said their current problems can be attributed to shortcomings in the development process, such as:

❑ Failing to anticipate opposition.

❑ Failing to secure support from all parties.

❑ Failing to carefully examine enabling legislation.

❑ Failing to secure initial and ongoing advice and support through an

advisory committee.

❑ Overstating program objectives.

❑ Failing to carefully articulate the purpose of the program.

Managers of jail industries report that existing programs could be improved by:

❑ Increasing the number of inmates who are provided with work

opportunities.

Chapter 2

Key Development Principles
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Bureau of Justice Assistance

❑ Ensuring that inmate access to work activities is fair and equitable.

❑ Expanding the number and types of customers served.

❑ Improving practices to prevent exploitation of inmates.

❑ Developing new methods of providing industry benefits to inmates,

staff, and the community (e.g., finding new incentives and rewards for

inmates, expanding markets, or developing new public service

projects).

❑ Linking with private-sector firms in public and private industry ventures.

Managers also agreed that building a strong foundation during the planning stages is essential. Furthermore, managers of existing programs can

benefit from reviewing what they have already developed. Understanding

the deficiencies of already-developed programs can help new programs

avoid the pitfalls experienced by other programs.

Analyze Potential Opposition

An important component of the development process requires identification of potential opposition. Opposition can come from many sources

(exhibit 2–1). For example, in Hennepin County, Minnesota, corrections

officers initially opposed the jail industry program because it posed

scheduling problems—providing a meaningful inmate workday required

changes in the daily routine and caused additional work for some staff.

In Strafford County, New Hampshire, program staff resisted growth of the

industry program because its scheduling demands conflicted with their

educational, substance abuse, and counseling programs; a similar situation

developed in Hennepin County, Minnesota. Vegetables grown by inmates

in the Shelby County, Ohio, jail reduced the local hospital’s demand for

produce from a private grower, triggering opposition.

In Milwaukee and Los Angeles, county employee unions expressed concern that increased inmate work roles would eliminate their members’

jobs. Both problems were solved when industry staff talked directly with

opponents about the group’s concerns.

Arlington County, Virginia, found that some officials who headed other

county departments were threatened by the development of its new jail industries program. By working closely with the county administrator, the financial staff, and the department heads, the sheriff has now found that many

officials approach him to propose new joint ventures using inmate labor.

Before beginning the development process, it is important to identify potential opposition so the development process can be designed to convert potential opponents into supporters. Chapter 1 of NIJ’s Operating Jail Industries:

A Resource Manual describes a useful method for analyzing opposition (Sexton, Miller, and Jacobsen, 1990, p. 6).
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Developing a Jail Industry: A Workbook

Participate To Succeed

Although there are many potential opponents, a jail industry can attract

even more supporters. In the past, each type of opponent has been successfully persuaded to support some industry programs. Experience shows

that the most effective way to secure support is through participation.

When people are offered the opportunity to participate in the development

of a jail industry program, they are more likely to support it.

Take the Time To Plan

Time is essential during the development process. The benefits offered by

a jail industry will be more fully realized and maintained if the program is

built on a carefully planned foundation. This workbook describes the elements of sound jail industry planning.

Exhibit 2–1 Potential Sources of Opposition to an Industry Program

Within the industry program:

■ Inmate workers.

■ Custodial and supervisory staff.

Within the jail:

■ Inmates not involved with the program.

■ Correctional officers.

■ Supervisors.

■ Other program and service providers.

■ Managers and administrators.

■ Volunteers.

Within county government:

■ County commissioners and supervisors.

■ Fiscal officers.

■ Other county agencies.

■ County employee organizations.

In the community:

■ Customers for the industry products or services.

■ Businesses that sell supplies and materials to the jail industry.

■ Other local businesses or industries.

■ Labor unions.
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Use All Available Resources

Developing and operating a jail industry requires diverse resources because such a program operates in two distinct worlds: corrections and

business. Each imposes different requirements and constraints; each requires different expertise to address challenges.

When NIJ met with jail industry managers, the managers said they successfully met the complex needs of jail industries only by creatively using

a diverse array of resources. For example, managers frequently ventured

into the private sector for information and support to develop and improve their industries. In Hampden County, Massachusetts, the industry

manager relied on business advice from a retired insurance professional.

In Middlesex County, New Jersey, the local chamber of commerce supports the industry program by participating in an advisory capacity, guiding marketing and product decisions. Other critical resources have been

secured through the Small Business Administration, including access to

volunteers in the Service Corps of Retired Executives. Prince Georges

County, Maryland, has found that the local private industry council can

play a central role in jail industries. Chapter 1 of Operating Jail Industries:

A Resource Manual describes such resources in detail and suggests methods

for tapping them (Sexton, Miller, and Jacobsen, 1990).
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Developing a Jail Industry: A Workbook

Suggested Approach

An analysis of current jail industry programs reveals that each program

was developed in a different manner. For some, there was no formal planning or development process; others were preceded by years of planning.

However, just as there are many types of jail industry programs, there are

many different development scenarios. A single development process cannot be recommended here; rather, this chapter identifies common components of all development processes. It also suggests three sets of activities

into which the components may be organized:

❑ Foundation decisions.

❑ Development activities.

❑ Business planning.

Activities will not always fall into these categories; however, this structure

offers a framework for guiding those who are developing a jail industry.

Foundation decisions are necessarily broad in scope and involve conducting research and setting policy. Activities include:

❑ Identifying and enfranchising persons who will shape policies.

❑ Establishing basic goals and objectives for the program.

❑ Researching pertinent laws, standards, the inmate population, and

resources.

❑ Articulating specific characteristics of the proposed industry program,

such as type of client, inmates to be involved, and work locations.

❑ Identifying sources of assistance.

Development activities build on foundation decisions. Activities include:

❑ Looking for sources of financing.

❑ Selecting personnel who will operate the program.

❑ Coordinating the industry program plans with all aspects of current jail

operations and programs.

❑ Creating a risk management strategy and evaluation plan.

❑ Developing policies and procedures to guide operations.

Chapter 3

Components of the

Development Process
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Business planning activities are necessary for each of the distinct industry

programs that you develop. A separate Business Planning Guide for Jail Industries (Quirk and Miller, 2000) has been developed to assist with these tasks.

Development Questions To Be Answered

Another perspective on the jail industry development process poses questions that must be answered before a program begins. These include:

❑ Why start an industry program? (Include definite goals and objectives

for the community, the jail, customers, and inmates.)

❑ Who will develop, implement, work at, and help the industry? Who

will be served by it?

❑ What is allowed? What will be produced and delivered?

❑ Where will the jail industry be operated?

❑ When will the program start? When will inmates be able to work?

❑ How will funding be obtained, risk be managed, inmates be motivated,

other programs be coordinated, and the industry program be operated?

If these questions cannot be answered, then a program is probably not

ready to begin. It is also important to document answers to these questions

as the program is developed.

Specific Components of the Development

Process

Research suggests that 15 activities make up a successful development

process:

Foundation Decisions

1. Identify sources of guidance and policy.

2. Determine goals and objectives.

3. Determine what is allowed by state and federal law and what

standards and regulations apply.

4. Determine who should be served (public or private).

5. Determine the types of inmates available to work and how they will

be selected.

6. Determine methods for motivating inmates.

7. Determine where work can occur.

8. Identify sources of assistance and resources.
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Developing a Jail Industry: A Workbook

Development Activities

9. Identify sources of financing for the program.

10. Determine who will manage and supervise the program.

11. Determine how to coordinate with jail programs, security, and

inmate classification.

12. Identify potential customers and create a process for selecting

products and clients.

13. Plan to manage risk.

14. Prepare policies and procedures for operations, recordkeeping, and

bookkeeping.

15. Develop and implement a business plan for each distinct industry.

Research also suggests that an industry program must consider all components. Many existing programs are going back to treat components that

were missed.

Although the order in which components are implemented may be adjusted, the sequence identified has proved helpful to the managers of several current programs.

The precise phasing in of activities is important. Recent work with counties

that are developing industries suggests that the biggest problem is attempting to implement certain tasks too early. For example, a county may

become preoccupied with identifying a specific client and product before

setting key parameters that would narrow the search (e.g., decisions about

public or private clients, inmate pay, space, funding, and staffing).

Jail industry managers have suggested that specific industry projects come

and go as opportunity changes—but the founding decisions provide the

ability to stay flexible and make further decisions. Managers often agree

that the selection of their initial jail industry project was an example of

putting the cart before the horse—creating difficulties for managers because they had to force the project to fit the setting, rather than letting the

setting shape the decision.
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Developing a Jail Industry: A Workbook

This workbook provides a starting point for persons interested in developing

or improving a jail industry program. It complements two resource documents developed by the National Institute of Justice:

1. Operating Jail Industries: A Resource Manual (Sexton, Miller, and

Jacobsen, 1990), which offers detailed guidance for persons

implementing and operating programs.

2. Business Planning Guide for Jail Industries (Quirk and Miller, 2000),

which provides step-by-step instructions for developing and

implementing a business plan for specific industry projects.

Who Should Use This Workbook?

Anyone who is interested in developing a jail industry or who wants to

improve an existing industry should use this workbook, including:

❑ County officials who want to spur the development of a jail industry.

❑ Persons who are charged with responsibility for developing a jail

industry.

❑ Members of jail industry advisory committees.

❑ Jail staff and officials who will be involved with developing or

implementing a jail industry program.

Why Use This Workbook?

The insight offered in the following pages comes from the experiences of

many counties throughout the United States and can help organizers:

❑ Avoid common pitfalls and problems.

❑ Identify key decisions.

❑ Suggest strategies and approaches.

❑ Identify resources and options.

When Should This Workbook Be Used?

As soon as interest is expressed in jail industries, this workbook can be

useful. The document offers specific ideas and guidance for each of the 15

components of the development process.

Chapter 4

Workbook: A Step-by-Step Guide
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The format for this section invites readers to use the text as a workbook by

making notes in margins, checking off items on lists, and ensuring that all

bases are covered.

Phase 1: Foundation Decisions

Eight activities should be completed during the first phase of jail industry

development:

1. Identify sources of guidance and policy.

2. Determine goals and objectives.

3. Determine what is allowed by state and federal law and what

standards and regulations apply.

4. Determine who should be served (public or private).

5. Determine the types of inmates available to work and how they will

be selected.

6. Determine methods for motivating inmates.

7. Determine where work can occur.

8. Identify sources of assistance and resources.

These steps are discussed in the following pages. Although the sequence of

implementation within this phase is not important, each activity must be

completed before moving to phase 2.

The importance of well-planned foundation decisions is illustrated by the

costly experiences of one county, where a decision was made to have inmates provide laundry services for various public hospitals. By selecting

the specific industry project first—rather than letting an analysis of the jail

environment shape the decision—county officials created hardships for

both themselves and their customers.

After the county invested in a costly state-of-the-art laundry facility, it found

that it could not keep up with the demand of the hospitals. Production was

consistently below projected levels and the capacity of the laundry

operation’s physical plant. After several studies, the county found that:

❑ Hospital laundry was more difficult to handle than expected (issues of

contraband, sanitation, health, and so forth).

❑ The inmates available to work were more difficult to motivate because

they were primarily pretrial detainees. Overcrowding had caused the

courts to order the release of many sentenced offenders (see task 5—

determine the types of inmates available to work).

❑ Inmate workers were not motivated to perform their jobs efficiently (see

task 6—determine methods for motivating inmates).
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Developing a Jail Industry: A Workbook

❑ The location of the laundry (outside the security perimeter) caused

frequent delays and inefficiencies because workers had to be moved

back inside for security checks (see task 7—determine where work can

occur).

Eventually, the county decided to stop serving the hospitals and used the

new laundry plant for its own needs. Several of these problems could have

been avoided by implementing the foundation decisions before selecting

the specific project. For an excellent example of a well-considered set of

“foundation decisions,” review the 1999 report from Montgomery County,

Maryland (Department of Corrections and Rehabilitation, 2000).

1. Identify Sources of Guidance and Policy 2

Practitioners agree that a broadly based advisory committee is an important asset for jail industry programs. Although creating and maintaining

such a group may seem time consuming and unwieldy, there are two important principles to remember:

❑ People tend to support what they help create.

❑ The best way to turn a potential opponent into a supporter is to offer

him or her meaningful opportunities to shape the program.

Most industry managers can recall critical moments during the development of their programs when support from such a resource kept the program alive. Often, this support comes from advisory boards or committees.

Examples of such committees can be found in New Hampshire’s Strafford

and Belknap Counties; Hampden County, Massachusetts; and most recently in Montgomery County, Maryland.

It is interesting to note that many of the 18 programs initially studied by

NIJ did not have advisory committees; however, all program managers

agreed that they are valuable and necessary.

In Hampden County, the jail industry program was actually conceived by a

member of the advisory board (also the head of the local chamber of commerce). In Strafford County, a board member provided the first privatesector work project for inmates through her company. In Belknap County, a

member of the advisory committee found a business that became the industry program’s largest client simply by identifying needs when he traveled.

Montgomery County developed its board as suggested by this Workbook and

has realized many benefits.

Advisory board membership often includes representatives from organizations and agencies, such as:

❑ County commissioners.

2. Resource: Miller, 1989, “Developing a Citizens‘ Committee,” chapter C, section VI.
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Bureau of Justice Assistance

❑ Sheriffs.

❑ Jail managers.

❑ Jail supervisory staff.

❑ Custody and line staff.

❑ Inmates.

❑ Customers and clients.

❑ Business leaders (e.g., chamber of commerce).

❑ Organized labor (public and private sector).

❑ Educators.

❑ Local and state legislators.

❑ Inmate advocacy groups.

❑ Religious leaders.

❑ Shelter workshops.

❑ Economic development agencies.

❑ Employment and workforce development organization.

❑ Procurement and purchasing staff.

❑ Nonprofit organizations.

Many of these potential advisers have been previously described as potential opponents to a jail industry program; however, all groups have proved

helpful to jail industries when their representatives have been appointed to

a jail industry committee. Consider placing potential opponents on the

committee. Give them an opportunity to better understand the jail setting

and to shape the program in a way that addresses their concerns.

Tips for creating a committee. When forming a committee, attempt to balance such issues as:

❑ Areas of expertise.

❑ Communities represented (e.g., the labor community, manufacturers,

the legal community, and service providers).

❑ Political affiliations.

❑ Geographic location.

Provide the committee with a clear mandate that establishes its assignment

and defines its role in policy formulation. Provide necessary support services, such as mailings and phone calls. If possible, offer to reimburse members for their expenses.
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Developing a Jail Industry: A Workbook

Tips for forming an advisory committee.

❑ Provide a balanced membership.

❑ Establish a clear mandate.

❑ Provide necessary support.

❑ Consider including opponents.

Checklist 1 Tasks and Products (Be sure each is fully documented.)

2. Determine Goals and Objectives

Clear and reasonable goals and objectives are needed to guide the development, operation, and improvement of any jail industry program. The 18

counties that initially participated in the NIJ study reported 4 common

goals:

❑ Develop inmate work habits or skills.

❑ Generate revenue or reduce costs for the county.

❑ Reduce inmate idleness.

❑ Meet needs in the community.

Although these four goals were common, many other goals and objectives

were identified by individual programs:

❑ Become self-sufficient.

❑ Provide inmates with funds for postrelease.

❑ Reduce the jail population.

❑ Raise money for charity.

❑ Operate a program that provides inmates with incentives to participate.

❑ Increase the sense of responsibility among inmates.

❑ Teach the work ethic.

❑ Reintegrate inmates into society.

____ Establish an advisory committee.

____ Create a mailing list.

____ Establish and define in writing the advisory committee’s authority

and mandate.
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Bureau of Justice Assistance

❑ Provide employment opportunities for inmates after release.

❑ Reduce recidivism.

❑ Avoid competition with state correctional industries.

❑ Employ as many inmates as possible.

Tempering expectations. It is important to avoid unrealistic expectations

of what the program can achieve. Opposition often arises when an industry is perceived to have fallen short of its objectives. This situation frequently reflects misconceptions of the program’s actual objectives; however, it

may also be the result of unreasonable objectives set by the jail industry

manager or administrators, thereby creating unattainable expectations.

This occurred in Erie County, New York, when county legislators closed

an agricultural industry because it failed to become profitable. The program developers had never set that as a goal, but this standard was applied to it.

When goals are not met, disappointment—and often opposition—can result. For example, a well-intentioned objective might be to raise money for

the county. This could be misinterpreted as a promise to turn a profit above

and beyond program expenses. When costs are compared with revenue and a

profit is not found, opposition can form.

Similarly, it may be risky to make “developing marketable skills” a goal

when inmate turnover in the program is expected to be high. Many programs have decided that “developing work habits” is a more achievable

objective.

Proposed goals and objectives must be examined carefully. Are they

achievable? Could they be misinterpreted? If there are no clear, written

objectives, they must be developed so everyone understands the

program’s goals.

It is imperative that everyone knows what the program is trying to accomplish. Many industry managers have found that meeting with all potential

opponents during the development process allows each one to express

concerns and offer suggestions. Often, potential opponents are persuaded

to join advisory boards for the jail industry programs, giving opponents an

opportunity to act on their concerns by guiding program operations.

Goals and objectives evolve. Periodically review and adjust your goals

and objectives. Seven of the eighteen pioneering programs reported that

their initial objectives changed after the program started. The nature of

changes varied, including:

❑ Deemphasizing specific work skills in favor of work habits (Hennepin

County).

❑ Increasing the work week from 1 day to 5 days (Shelby County, Ohio).
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Developing a Jail Industry: A Workbook

❑ Adding reduced idleness as an objective (Hampden County).

❑ Shifting product focus from carpentry and remodeling to furniture

manufacturing (Prince Georges County, Maryland).

❑ Shifting emphasis from education and rehabilitation to cost savings

(Los Angeles).

❑ Increasing emphasis on quality (Philadelphia).

Tips for developing goals and objectives. Goals and objectives can, and

should, evolve. Revisit them frequently, and do not be afraid to revise

them. Use goals and objectives as a basis for making decisions concerning

all aspects of the industry program. This can be a unifying force for the

program.

3. Determine What Is Allowed by State and Federal

Law and What Standards and Regulations Apply 3

Just as the preceding steps have narrowed the development focus, this step

will provide a crucial understanding of what activities are allowed and

what activities are not.

Federal and state statutes and regulations address jail industries directly

and indirectly. Operating a jail industry that conforms to legal requirements and professional standards is difficult because programs operate in

two distinct worlds: corrections and business. Each imposes different legal

constraints and makes professional demands.

When developing and operating a program, jail industry managers must

consider:

❑ Statutes and regulations. These establish mandatory guidelines for

operating jail industries. Although few federal statutes apply to jail

industries, many state statutes and regulations are relevant.

❑ Court decisions. These are judicial interpretations of statutes and

regulations. (Known as case law, these rulings are mandatory and,

unfortunately, often vague.)

Checklist 2 Task (Be sure this is fully documented.)

3. Resources: Sexton, Miller, and Jacobsen, 1990, chapter 2, p. 37; Miller, 1989; Miller and

Walter, 2000; American Correctional Association, 2000.

____ Write a clear set of goals and objectives that represent a consensus

among policymakers.
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Bureau of Justice Assistance

Examining statutes and regulations. The starting point for jail industry

development is to carefully examine applicable state and federal statutes to

ensure that a program will be legal.

The Hampden County Jail in Springfield, Massachusetts, illustrates how

state statutes were primary determinants of its program’s philosophy, inmate eligibility, and market. According to law, the purposes of correctional

industries in Massachusetts are to provide training and work experience,

benefits to the state, and rehabilitation. Based on this, Hampden County

concluded that a manufacturing program was feasible and chose to employ inmates who qualified for offsite work (often inmates near the end of

their sentences) because the jail facility was too small for an effective training and manufacturing operation.

Because Massachusetts statutes permit manufacturing, Hampden County

chose to manufacture office furniture. State statutes require that correctional

products be marketed to Massachusetts state agencies, allow sales to counties

and nonprofit organizations, and prohibit private industry from contracting

for inmate labor. Therefore, Hampden County markets its furniture primarily

to state and local governments and nonprofit organizations.

In New Hampshire, statutes allow inmates to be paid but limit privatesector contracting for inmate labor. To work within these boundaries,

Strafford County chose to establish a private-sector industry and secure

federal certification that allowed inmates to be paid the “going wage” to

work on products that are sold out of state.

Although Minnesota statutes allow inmates to earn wages, they prohibit

private-sector contracting for inmate labor—but they allow private-sector

sales. Reflecting these opportunities, Hennepin County decided to operate

a “job shop,” employing inmates at free-world wages and providing services to the private sector. A job shop offers private-sector clients access to

the inmate workforce through county contracts.

Many counties have creatively developed jail industries that conform to

legislative constraints; however, common in all of these efforts was an

early understanding of, and ongoing attention to, statutory requirements.

Federal statutes and regulations. State legislation and regulations provide

a starting point for identifying legal restrictions. However, restrictive federal legislation is still pertinent, such as that described in chapter 1.

Court decisions. In addition to state and federal legislation, applicable

state and federal court decisions should be carefully examined. Although

statutes and regulations provide initial guidance, often the court system

interprets and enforces them.

Again, the two worlds of business and incarceration in which a jail industry operates complicate the process of fully understanding pertinent legal
29

Developing a Jail Industry: A Workbook

issues and court decisions. Jail industry managers must understand the

range of issues associated with detention and corrections, and they must

be attentive to legal principles applied to the workplace.

Courts examine jail operations for many reasons. As jail industries become

more prevalent, increased court scrutiny can be expected. As a result, consideration of relevant court decisions and their underlying principles is essential when planning a new industry. In addition, continuing attention to

new rulings is necessary to protect against litigation.

Legal basis for court decisions. A jail industry may be sued or subjected to

judicial action for two reasons:

❑ Violation of constitutional rights, based on the interpretation of the

federal and state constitutions.

❑ Violation of statutes and regulations that are interpreted to provide

inmates and the private sector with certain rights and protections.

Constitutional rights encompass a broad range of issues that can be applied to the detention and corrections setting. The primary sources of these

rights are three amendments to the Federal Constitution: the rights to religious freedom and freedom of speech and assembly (1st amendment); the

right to be free from cruel and unusual punishment (8th amendment); and

the right to equal treatment (14th amendment).

Officials in Strafford County, New Hampshire, were concerned that their

early jail industries might be challenged on constitutional grounds. First,

they were concerned about violating the constitutional provisions for

“equal protection” extended to female inmates, who initially were offered

fewer work opportunities than men (this was also true in Philadelphia).

Second, the primary inhouse workforce comprised pretrial detainees who,

under the 14th amendment, cannot be compelled to work and cannot be

punished without due process. Legal counsel reported that these constitutional concerns were valid. As a result, the program was revised to ensure

comparable opportunities for female inmates and to require that pretrial

detainees document their voluntary participation in the program. In Philadelphia, male and female inmates work side by side.

Inmates also argue that statutes and regulations entitle them to certain

rights. Courts are frequently asked to determine if a federal or state law or

regulation creates an inmate right or merely vests discretion in corrections

managers to allow certain privileges. This rights-versus-privileges debate

continues in the courts.

Principal court decisions. The decisions of courts fall into two major categories for the purpose of jail industries: detention and corrections decisions and industries and work programs decisions. Chapter 2 of Operating

Jail Industries: A Resource Manual (Sexton, Miller, and Jacobsen, 1990) examines
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Bureau of Justice Assistance

legal issues in more detail, summarizing the holdings of key court decisions

with regard to:

❑ Inmate right to work.

❑ Inmate right to refuse to work.

❑ Classification of inmates.

❑ Equal protection and allocation of resources.

❑ Selecting inmate workers.

❑ Assigning inmates to jobs and transferring inmates to other

assignments.

❑ Work environment.

❑ Inmate compensation.

❑ Disposition of wages.

❑ Reduction of sentence.

State regulatory standards. Regulatory standards, which establish minimum

levels of acceptable performance, are usually developed and implemented at

the state level. Therefore, they are often less stringent than professional standards. However, state regulations are usually more detailed to facilitate inspection and verification of compliance.

Most states have established mandatory standards that regulate jail operations. More than 70 percent of states have promulgated jail standards; most

states have made these standards mandatory and have created provisions

for inspection and enforcement. The standards are often based on professional standards, state statutes, and applicable case law.

Regulatory standards are written for protection. They establish minimum

performance levels, inspection and enforcement procedures, and basic protection from liability for operating agencies, jail staff, inmates, and the

public. Issues associated with jail industries and the workplace are not

fully addressed in most jail standards. In most states, however, jail standards identify (and sometimes incorporate) regulatory requirements from

several state agencies that apply to all jail industries, including:

❑ Building codes.

❑ Safety codes.

❑ Health, sanitation, and plumbing codes.

Because each code has a unique meaning in a jail industry context, managers

need to research their particular program’s full impact and implications.

Other state regulations directly apply to jail industries but often are not

identified in jail standards. The most important are:
31

Developing a Jail Industry: A Workbook

❑ Labor and employment standards.

❑ Workplace safety regulations (such as those enforced by the state

occupational safety and health administration agency).

❑ Worker compensation standards.

❑ Worker training standards.

To learn about these standards, the jail industry developer must think like

a business person, not a jailer.

Voluntary “professional” standards. Another operational building block for

jail industries is the voluntary standards developed by professional organizations at state and national levels. Professional standards for prison and jail

industries have been developed by the American Correctional Association

(ACA). Professional standards were transformed into a more valuable

resource in 2000, when ACA promulgated its first “performance-based”

standards. This new and innovative approach not only provides additional

guidance for day-to-day practices but also examines the overall desired outcomes. In May 2000, ACA began converting its jail standards manual (Standards for Adult Local Detention Facilities) to this performance-based format.

Working with the Correctional Industries Association, ACA is finalizing the

second edition of the standards manual for correctional industries programs,

using the new performance-based format. Jail practitioners were closely involved with the revision of the correctional industries standards, and these

now offer a more useful tool for jail industry programs.

Tips for determining what is allowed. Use regulatory personnel as resources during the development process. They are the best in the field and

can provide realistic interpretations before you make a mistake. Start with

local resources. Find out who provides legal assistance to your agency and

approach him or her to outline your needs and develop a joint strategy.

Be thorough. Do not let time constraints inhibit your research. Remember,

if you miss something at this stage, it can cost you later in time, money,

and credibility.

Checklist 3 Tasks and Products

____ Analyze statutes and regulations.

____ Analyze pertinent court decisions.

____ Analyze state standards and regulations.

____ Analyze professional standards.

____ Prepare a summary statement of what is allowed.

____ Prepare a summary statement of what needs to be changed.
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Bureau of Justice Assistance

4. Determine Who Should Be Served (Public or

Private)4

In the initial development phase, a key parameter will be established when

the range of potential customers is defined. Of the 18 industry programs

initially studied by NIJ:

❑ Two served only the private sector.

❑ Thirteen served only the public sector.

❑ Three served both public and private clients.

Since the initial NIJ survey, several more jails have developed private sector programs, but this still represents a very small proportion of the 3,300

jails in the United States.

The 1993 NIJ survey found that the jail was the primary recipient of inmate

labor (exhibit 4–1). This decision involves not only policy considerations

but also the legal parameters defined by state and federal laws, as examined in the previous step.

Recipient Percentage of Respondents

Own jail 95.1

Other agency in own unit of government 63.5

Other municipalities 27.9

Other counties 3.2

Nonprofit corporations 37.6

Private sector 4.3

Other (inmates, citizens, churches, state

and federal governments)

Exhibit 4–1 Recipient of Inmate Labor

4. Resource: Sexton, Miller, and Jacobsen, 1990, chapter 5, p. 125.

6.8
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Developing a Jail Industry: A Workbook

Finding the correct answer to the customer question requires carefully

weighing many diverse considerations—some of which are political in

nature. A well-balanced advisory committee will prove helpful during this

process.

Tips for determining the type of client. Involve a variety of parties in this

decision. Start by considering the private sector, as this customer is likely

to evoke the most opposition. Determine first if this is possible (see task 3—

determine what is allowed by state and federal laws and what standards

and regulations apply) and identify any parameters (e.g., sales within the

state only, sales only to private, nonprofit organizations). Next, consider

the feasibility of private-sector customers and partners. Often, the potential

to work with the private sector will depend on the political climate as well

as legal considerations. The two most likely opponents of private-sector

customers are organized labor, which may fear displacement, and the private sector itself, which may fear unfair competition.

Meet these potential opponents head on by approaching their representatives with your idea. Give them time to discuss it with colleagues, then

meet to discuss their concerns and means to address them.

If the private-sector option survives, determine the internal feasibility—

whether the county and jail can serve such clients. A key consideration is

the expectations of private-sector clients, including timeliness and quality

control. Consider if these can be met using your own resources or through

contracts.

As exhibit 4–2 shows, there are advantages and disadvantages associated

with both private and public ventures.

Consider the public sector when weighing the advantages and disadvantages. Determine what, if any, revenue can be generated to offset program

costs. As with the private sector, suggest your ideas to public-sector officials and organized labor. Secure their reactions and try to develop solutions for their concerns.

The solution for some jail industry programs might be a hybrid program

that serves both the public and private sectors. Several programs studied

by NIJ adopted this approach.

Checklist 4 Tasks

____ Make an initial decision about the types of customers to be served.

____ Document the process used to reach the decision and the rationale

for it.
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Bureau of Justice Assistance

5. Determine the Types of Inmates Available To Work

and How They Will Be Selected5

Identifying and selecting inmate workers should be divided into two steps:

1. Analyze the inmate population, determine the characteristics of

potential inmate workers, and identify the potential workforce.

2. Determine who will be eligible to work, based on classification,

security, and other considerations, and create a process for selecting

workers.

Dividing the process into these steps can save time and reduce frustration

during the development process. For instance, if a county tried to determine who is eligible too soon, they would quickly find that too many other

decisions had not yet been made—for example, eligibility will be tied to

the type of product or service provided, compensation provisions, and

other decisions not made until later in the process.

Advantage Disadvantage

Private

Generates real work. Imposes real demands.

Generates real income. Threatens private suppliers.

Creates real jobs, potential for postrelease employment. Threatens organized labor.

Contributes to local tax base. Requires additional reporting.

Increases market potential.

Public

Builds goodwill among public agencies. Lowers profit potential.

Lessens expectations for production Establishes less realistic work setting and

and timing. demands.

Lessens fear of displacement of private-sector Offers fewer opportunities for postrelease

workers. employment of workers.

Uses existing resources. Creates hostility with private-sector suppliers

who view the competition as unfair.

Establishes industry in a limited market.

Exhibit 4–2 Advantages and Disadvantages of Public- and Private-Sector Business

5. Resource: Sexton, Miller, and Jacobsen, 1990, chapter 4, p. 95.
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Developing a Jail Industry: A Workbook

Analyze the inmate population. During the initial phase of development,

efforts to determine the inmate workforce should establish a clear understanding of potential inmate workers’ characteristics. Several of these should

be evaluated:

❑ Education level.

❑ Prior work history and habits.

❑ Skills and aptitudes.

❑ Length of stay.

❑ Security classification.

❑ Motivation.

❑ Behavior while confined.

Industry managers warn that findings may be alarming and that jail inmates may not turn out to be ideal employees. Managers have reported the

following problems with inmate workers:

❑ Low education levels.

❑ Low motivation.

❑ No work ethic.

❑ Poor work habits.

❑ Poor health.

❑ Impulsive behavior.

❑ Lack of skills.

❑ Lack of purpose or direction.

❑ Low self-esteem.

❑ Lack of concentration.

Do not be discouraged by the results of inmate research. Most industry

programs are designed to address these chronic problems in a group that

is difficult to employ.

Although most jails use sentenced offenders as their primary workforce, a

growing number of jails find it necessary to employ unsentenced inmates.

The 1993 NIJ survey found that smaller facilities are most likely to use the

unsentenced inmate population (exhibit 4–3).
36

Bureau of Justice Assistance

Tip for determining types of inmates available to work. Be realistic as

you interpret the information collected. Although some programs effectively use inmates who are confined for as little as 2 weeks, short-term inmates are usually difficult to employ in an industry program.

Create a “profile” of potential inmate workers that describes their characteristics and estimates the number typically available to work.

Selecting inmate workers. As specific projects are identified, it will be necessary to finalize procedures for selecting inmate workers. Chapter 4 of

Operating Jail Industries: A Resource Manual (Sexton, Miller, and Jacobsen,

1990) examines a range of inmate worker selection issues and techniques.

Many programs make inmate classification a pivotal issue in determining

inmate worker eligibility. In Hennepin County, Minnesota, daily classification team meetings determine which inmates are eligible for outside work

crews. In Hampden County, Massachusetts, the classification board controls inmate eligibility. Similar relationships have been developed in

Middlesex County, New Jersey, and Philadelphia. In Strafford County,

New Hampshire, the jail industries manager is actually a member of the

classification committee.

Eligibility requirements for inmates participating in the 18 pilot programs

include (in order of frequency):

❑ Security clearance.

❑ Medical clearance.

❑ Clearance by program personnel.

❑ Classification interview.

❑ Physical and mental abilities.

❑ Experience.

❑ Interest in industry area.

Exhibit 4–3 Sentenced and Unsentenced Worker Inmates by

Size of Jail on June 30, 1993

Percentage of Percentage of

Capacity of Jail Sentenced Workers Unsentenced Workers

1–49 beds 28 3.8

50–249 beds 35 4.9

250 or more beds 32 0.1

All jails 31 4.8
37

Developing a Jail Industry: A Workbook

❑ Willingness to cooperate.

❑ Sentence status/length of sentence.

❑ Application/interview process.

❑ Days left on sentence.

❑ Type of crime (certain crimes are not eligible).

❑ Escape history.

❑ Judicial determination.

❑ Level of education.

❑ Ability to complete program.

❑ Preassessment program.

During this step in the development process, it is necessary to focus on the

characteristics of the inmate worker population. This is done in concert

with business planning efforts as potential products, services, and markets

are identified.

Checklist 5 Tasks and Products

____ Prepare a research report on inmate characteristics.

____ Develop a profile of inmates who might be suitable for industry programs.

____ Write a statement of characteristics of inmate workers to be used and

estimate the number needed.

____ Outline inmate worker eligibility criteria.

____ Estimate the number of eligible inmates (as specific industry projects are

finalized).

____ Develop specific inmate worker selection criteria.

____ Develop procedures to ensure that classification staff

are involved with worker selection.
38

Bureau of Justice Assistance

6. Determine Methods for Motivating Inmates6

Another important decision is whether inmates will be paid. In the 18 pilot

programs studied, half paid inmates, but only three paid a prevailing

wage. The survey found that giving inmates time off their sentences was

the primary means of compensation for most jails (exhibits 1–5 and 1–7).

Often, compensation and motivation decisions are based more on policy

and political considerations than on economics. To reach a decision, first

consider the full range of methods that can be used to compensate inmates.

Some nonmonetary incentives include:

❑ Limited free commissary.

❑ Extra good time.

❑ Special meals and meal times.

❑ Extra hours of TV viewing.

❑ Extended telephone privileges.

❑ Furloughs.

❑ Working assignments outside of the jail.

❑ Civilian clothes privileges.

❑ Extra uniform changes.

❑ Preferred housing assignments.

❑ Extended gym and recreation time.

❑ Involvement of inmates in improving operations.

❑ Reduction of fines.

❑ Outside meals and snacks.

❑ Freedom of movement.

Inmates can also be motivated to participate because of less immediate occupational benefits, such as:

❑ Opportunity to learn skills.

❑ Vocational training certificates.

❑ Job placement opportunities.

❑ Position advancement.

❑ Developing a work record or history.

These issues and options are described in more detail in chapter 3 of Operating Jail Industries: A Resource Manual (Sexton, Miller, and Jacobsen, 1990).

6. Resource: Sexton, Miller, and Jacobsen, 1990, chapters 3 and 7.
39

Developing a Jail Industry: A Workbook

7. Determine Where Work Can Occur

Another basic decision, the location of industry activities, will have a dramatic impact on subsequent development issues. For example, a location

inside the security perimeter will limit the types of materials that can be

used in the program. When Hampden County, Massachusetts, decided to

locate its manufacturing operation away from the jail, it limited the potential

workforce to inmates who qualified for community custody. Now that the

industry has been allocated space in the new jail, the workforce has grown.

Many counties are experiencing jail overcrowding and may be compelled

to locate industry operations outside of the jail facility. Before making this

decision, be sure to fully consider all possible locations within or on the

jail site. Remember that some jail industry programs require little space

(exhibit 4–4).

Checklist 6 Task

____ Determine the primary methods for motivating inmates.

As final decisions are made for new industry projects, specific compensation and motivation decisions can be finalized.

Exhibit 4–4 Ten Jail Industries That Can Operate in a Closet

■ Data entry. ■ Engraving.

■ Mailing. ■ Shoe repair.

■ Disassembly of small items. ■ Refinishing small furniture items.

■ Assembly of small items. ■ Clothing repair.

■ Sewing. ■ Answering telephone.

Of the 19 jurisdictions that attended the 1995 BJA Jail Work and Industry

Symposium, 11 found ways to employ inmates in their housing units.

Arlington County, Virginia, uses program space adjacent to each housing

unit to extend the services of its printing industry.
40

Bureau of Justice Assistance

8. Identify Sources of Assistance and Resources7

Developing and operating a jail industry require diverse resources because

the program operates in two distinct worlds: corrections and business. Each

imposes different requirements and constraints on the operation, and each

requires different expertise to address its challenges.

When first surveyed by NIJ, industry managers said they successfully

met the complex needs of jail industries only by creatively using a diverse

array of resources. For example, managers frequently called on privatesector information and support while developing and improving their industries. Chapter 1 of Operating Jail Industries: A Resource Manual (Sexton,

Miller, and Jacobsen, 1990) provides detailed guidance for identifying and

using resources when developing and operating a jail industry program.

The text identifies types of resources that can be tapped, including:

❑ Published materials.

❑ Community resource lists.

❑ Resources for assistance with legal issues.

❑ Types of resources available locally and at the state and national levels.

❑ Specific organizations and agencies.

The text also describes specialized resources, such as volunteers, and identifies resources that can help the program stay current.

The BJA Jail Work and Industry Center is a national clearinghouse that offers

information and guidance for those interested in expanding or improving

their jail work and industry activities. The Center has a growing database

that describes the work activities of more than 1,600 jails, and it has copies of

many resource documents and publications available free of charge. Also

available through the Center is an extensive library containing sample and

model documents, assessments and evaluations, and published articles. For

the most current information about the Center and for access to many resource documents online, visit www.correction.org.

Checklist 7 Task

____ Determine if your jail industry program will operate:

1. Within the perimeter.

2. Outside the perimeter but on the site.

3. Away from the site.

4. In more than one location.

7. Resource: Sexton, Miller, and Jacobsen, 1990, chapter 1, p. 9; Miller, 1989.
41

Developing a Jail Industry: A Workbook

Checklist 8 Product

____ Create an inventory or list of resources that can be used.

Phases 2 and 3: Development Activities

and Business Planning

Continuing with the list of development components introduced in this chapter, six activities should be completed during the second phase of development of a jail industry program and the final activity should be completed

during the business planning phase.

9. Identify sources of financing for the program.

10. Determine who will manage and supervise the program.

11. Determine how to coordinate with jail programs, security, and inmate

classification.

12. Identify potential customers and create a process for selecting

products and clients.

13. Plan to manage risk.

14. Prepare policies and procedures for operations, recordkeeping, and

bookkeeping.

15. Develop and implement a business plan for each distinct industry.

These tasks are reviewed on the following pages. Remember, the sequence of

implementation in these phases is less important than ensuring that all tasks

are initiated.

These activities, which build on the foundation decisions already made,

are more concrete and set the stage for implementation of specific projects.

By implementing these activities before starting a new project, you do the

following:

❑ Provide a strong organizational and management context within which

the project will operate.

❑ Increase cooperation among various jail staff and officials.

❑ Integrate the new industry project into the daily operation of the jail.

❑ Reduce conflict and competition among jail staff.

❑ Ensure that the project is guided by well-written procedures.

❑ Anticipate and address areas of potential risk.
42

Bureau of Justice Assistance

The development activities (tasks 9–14) should be implemented concurrently

with task 15, which is considered a business planning activity. If they are not

implemented at the same time, you will face many challenges. For example,

sources of financing will be pursued based on the financial needs of each

specific project. Funding for equipment often comes from different sources

than funding for staff salaries. Conversely, some elements of a business plan

cannot be completed until decisions have been made about management,

supervision, and risk management.

9. Identify Sources of Financing for the Program8

Although many jail industries strive to be self-supporting, most initially

require funding for either personnel or capital costs—or both. As the concept of the industry is refined, it is necessary to consider potential funding

sources. Programs have tapped a variety of sources, including:

❑ County funds, such as establishment of a “revolving fund.”

❑ Private funds, including loans from private banks.

❑ State funds.

❑ Federal funds for pilot programs (U.S. Department of Justice).

❑ Federal/state funds through the local private industry council.

Financial support for jail industries can come from diverse sources,

including:

❑ Drug and alcohol grants.

❑ Vocational education grants and contracts.

❑ Regional authorities.

❑ Job training programs.

❑ Inmate benefit funds.

❑ Deductions from inmate wages.

❑ Bond issues.

❑ Loans.

❑ Revenue from inmate phone calls.

❑ Revenue generated by the industry program.

The amount of funding required by the pilot programs varied significantly. Hampden County, Massachusetts, secured a $15,000 loan and a

$30,000 line of credit from a local bank. Kennebec County, Maine, started

its program with surplus materials and existing personnel, as did Metro

8. Resources: Sexton, Miller, and Jacobsen, 1990; Jail Industries Association, 1999.
43

Developing a Jail Industry: A Workbook

Dade County, Florida. In Prince Georges County, Maryland, the $25,000

needed for capital costs was provided equally by the county and the private industry council. Cook County, Illinois, attempts to tap grants from

private industry. Philadelphia, Pennsylvania, has established a revolving

fund for its industry program.

By determining where funds are available, another key decision will be

made—narrowing the scope of subsequent development efforts.

Checklist 9 Tasks

10. Determine Who Will Manage and Supervise the

Program9

Industry managers surveyed by NIJ agreed that one of the most crucial

decisions made during the development phase was identifying the type

of manager needed to operate the program.

Chapter 5 of Operating Jail Industries: A Resource Manual (Sexton, Miller,

and Jacobsen, 1990) examines the skills and characteristics that should be

considered. To make this determination, it will be necessary to begin designing the program’s overall organization and management structure.

It is possible that the program can be managed with existing personnel.

This was true in Belknap County, New Hampshire, where the program director was assigned responsibility for the industry program. She manages

the program, using other facility staff and volunteers to supervise production. This is also the case in Metro-Dade County, Florida.

Arlington County, Virginia, has found that other county departments are

willing to reassign their staff to supervise inmates. The new print shop in

the jail is staffed by nonjail employees. Arlington’s work crews are supervised by employees of the parks and recreation department.

Jail officers are often overlooked as a source of supervision. Plymouth

County, Massachusetts, has found officers who had specific experience

and interest in areas such as horticulture; these officers supervised and

managed the greenhouse operation.

____ Identify potential sources of funds.

____ Estimate the financial resources that could be available from each

source.

9. Resource: Sexton, Miller, and Jacobsen, 1990, chapter 5, p. 114.
44

Bureau of Justice Assistance

Some programs actively involve volunteers as managers and supervisors.

They have proved to be a viable source of assistance.

It is important to understand the difference between managing a jail industry program and supervising one. For this workbook, supervision involves

monitoring inmates on a day-to-day basis as they work. In many jails, supervision and management are combined and assigned to a single staff member.

Although this may be possible in some circumstances, it may shortchange the

management tasks and thereby reduce the long-term health of the program.

Checklist 10 Task and Product

11. Determine How To Coordinate With Jail Programs,

Security, and Inmate Classification10

One of the most serious problems reported by jail industry managers is resistance among security and program personnel to the creation and operation of an industry program. Creating an industry program requires

change, and jails—like most organizations—resist it.

Chapter 3 of Operating Jail Industries: A Resource Manual (Sexton, Miller,

and Jacobsen, 1990) analyzes methods that can successfully balance security, programs, and industries. Chapter 4 examines links with education

and training programs in more detail.

Most of the pilot programs reported close working relationships with other

jail programs. In some jails, the industry program is a subsidiary of the overall program division; in others, it is a separate entity. It is important to

work out relationships, deal with turf issues, and secure a common commitment to the industry program.

The most recent innovation is the creation of a “workforce manager” position in Montgomery County, Maryland. This position reports to the director of the county corrections department and has authority for all inmate

labor—in the jail, in the prerelease center, and in community-based programs.

____ Develop an initial organizational plan for the program.

____ Draft a job description for the industry manager and other key positions.

10. Resource: Sexton, Miller, and Jacobsen, 1990, chapters 3 and 4.
45

Developing a Jail Industry: A Workbook

Some strategies that have effectively integrated industry programs with

other jail programs and activities involve:

❑ Including the industry manager in the inmate classification process.

❑ Including classification and program staff in the planning and oversight

of industries.

❑ Securing high-level administrative support for industries in the jail.

❑ Convening regular meetings of classification, program, and industry

staff.

Checklist 11 Task

12. Identify Potential Customers and Create a Process

for Selecting Products and Clients 11

In an initial phase of development (task 4—determine who should be

served), decisions were made about potential markets and customers

(public or private). Part of the formula for selecting the appropriate product or service was to identify customers who want or need that product

or service.

Jail industry managers who have analyzed their customer and product

selection process have identified their three best customers as city and

county agencies; nonprofit, tax-exempt agencies; and the private sector.

Criteria for determining the best customers include:

❑ Cost effectiveness.

❑ Accessibility to services or goods.

❑ No bidding process.

❑ Nonthreatening to unions.

❑ Customer support.

Managers described the special attributes of the private-sector customer

by product orientation (rather than service), cost, revenue, and volume.

Chapter 5 of Operating Jail Industries: A Resource Manual (Sexton, Miller,

and Jacobsen, 1990) describes methods that can help identify and select

potential customers.

____ Describe industry program relationships with other programs, security,

and inmate classification.

11. Resources: Sexton, Miller, and Jacobsen, 1990, chapter 5; Quirk and Miller, 2000;

Department of Corrections and Rehabilitation, 2000.
46

Bureau of Justice Assistance

Product or service. During the initial phase, research identified customers

who could be served and any legal limits or restrictions. At this point, it is

necessary to narrow the scope of development by determining whether the

program will offer a product or a service. This decision must consider information gathered during prior steps (available inmate labor and corresponding characteristics, market interest, space constraints, and so forth).

Customers and clients. Chapter 5 of Operating Jail Industries: A Resource

Manual (Sexton, Miller, and Jacobsen, 1990) describes methods that can

help you identify potential customers and make appropriate decisions. The

customers served by participants in the 1995 BJA Jail Work and Industry

Symposium include:

❑ Parks and recreation departments.

❑ Courts.

❑ Roads and highway departments.

❑ Fire departments.

❑ Probation offices.

❑ Print shops.

❑ Salvation Army, Goodwill.

❑ Homeless projects, food banks.

❑ State agencies.

❑ Federal agencies.

❑ Kiwanis and other service organizations.

❑ Preschools.

❑ Rehabilitation programs.

❑ Sheltered workshops.

❑ Community colleges.

❑ Libraries.

❑ Churches.

❑ Hospitals.

❑ AIDS projects.

Tips for identifying and selecting customers and products. As a public

agency, a jail must approach customer identification and product selection

in an open manner. This approach reached perhaps its highest point in

Strafford County, New Hampshire, where county officials advertised their
47

Developing a Jail Industry: A Workbook

resource through an aggressive public information campaign that included

a prospectus mailed to all companies and towns in the county.

An excellent resource for this task is the county purchasing office. By

jointly reviewing the list of commodities and services purchased by county

agencies, a match often can be made between the needs of the county and

the capabilities of the jail. In Maine, the state purchasing office has been

used.

Create a formula or template for making decisions. Many counties have

found that they can easily convert their foundation decisions into a template for evaluating potential projects. As the county receives specific proposals or options, it will be necessary to screen each and make choices. Again,

because counties are public entities, it is important to be open, careful, and fair

in these decisions. Some counties have found it helpful to establish specific,

weighted selection criteria that allow each option to be fairly evaluated, prior

to looking for customers.

Some possible criteria for screening potential products or services.

❑ Size of potential market.

❑ Ease of production.

❑ Amount of equipment needed.

❑ Need for space.

❑ Security hazards.

❑ Health and safety risks.

❑ Job skills required.

❑ Skill relevance.

❑ Achievement of goals and objectives.

Chapter 5 of Operating Jail Industries: A Resource Manual (Sexton, Miller,

and Jacobsen, 1990) provides additional insight into the screening and selection process. After the initial screening is complete, a revenue analysis

should be conducted for a tentatively selected industry. The analysis will

determine if the product or service will generate sufficient revenue, considering sales volume, cost of materials, utility costs, cost of equipment,

and miscellaneous expenses. These and other elements of a business plan

are part of the selection process (task 15—develop and implement a business plan for each distinct industry).
48

Bureau of Justice Assistance

Checklist 12 Tasks and Products

13. Plan To Manage Risk12

Because jail industries operate in two dimensions, secure detention and the

business environment, they are riskier than normal businesses. If not anticipated and neutralized, the risks can easily kill a program or subject the

jail to litigation. Now is the appropriate time to consider and incorporate

risk management techniques.

Risk management is designed to protect an organization against losses that

may include:

❑ Injury to staff, inmates, or the public.

❑ Breach of safety and security practices.

❑ Involvement with costly litigation.

❑ Reduction or loss of insurance coverage.

These are losses in the sense that they may cause human suffering, cost

the jail money, or bring the jail adverse publicity, including a loss of reputation. Further, loss of the jail industry program must also be a concern. If

risk is not properly managed, the program may become too costly in political terms, causing officials to terminate operations.

Risk management refers to the development and implementation of procedures to prevent loss. Risk management typically involves:

❑ Identifying and analyzing exposures to loss.

❑ Examining alternative ways to eliminate or minimize exposure.

❑ Selecting the best techniques.

❑ Implementing the chosen techniques.

❑ Monitoring and improving the techniques.

____ List the weighted criteria for selecting customers and products.

____ List potential customers and needs.

____ Develop a strategy for identifying customers.

____ Determine the primary focus—products or services.

____ Describe the rationale for reaching the decision.

12. Resource: Sexton, Miller, and Jacobsen, 1990, chapter 2.
49

Developing a Jail Industry: A Workbook

In jails, risk management pays special attention to the legal liability of the

facility and takes steps to reduce it. Liability in a jail industry may include

negligent hiring, negligent retention, failure to direct, negligent assignment, failure to supervise, negligent entrustment (letting the wrong kind

of staff or inmates undertake certain tasks), and failure to train. These seven

types of liability apply to both industry staff and inmate workers. For example, a jail may be sued if it retains negligent supervisory staff or if it retains

inmate workers who have negligently used dangerous equipment.

Chapter 2 of Operating Jail Industries: A Resource Manual (Sexton, Miller,

and Jacobsen, 1990) provides resources for developing a risk management

plan. Use these materials to develop a plan that can be incorporated, from

the beginning, into all facets of the industry program.

Checklist 13 Task

14. Prepare Policies and Procedures for Operations,

Recordkeeping, and Bookkeeping13

Jail managers know the value of guiding daily operations with written

policies and procedures. The industry program should not begin until

basic issues are addressed in policies and procedures.

Chapter 3 of Operating Jail Industries: A Resource Manual (Sexton, Miller,

and Jacobsen, 1990) details the need for policies and procedures, outlining

techniques and providing samples. An appendix to the Manual provides a

complete set of sample policies and procedures.

Although some industry managers suggest that it is possible to begin a new

program without all of the policies and procedures described in the Manual,

all managers agree that certain ones must be in place before opening. These

include:

❑ Administration and organization.

❑ Staff training and job descriptions.

❑ Recruiting, selecting, and training inmate workers.

❑ Supervising inmate workers.

❑ Evaluation and termination of inmate workers.

____ Create a risk management plan.

13. Resource: Sexton, Miller, and Jacobsen, 1990, chapter 2; Miller and Nichols, 1984.
50

Bureau of Justice Assistance

❑ Compensation of inmate workers.

❑ Records to be maintained for the operation.

❑ Bookkeeping practices.

❑ Production practices.

The Manual offers many helpful tips for developing meaningful policies

and procedures.

Checklist 14 Tasks and Products

15. Develop and Implement a Business Plan for Each

Distinct Industry14

This task should be implemented concurrently with development (tasks 9–

14) of each distinct industry project.

The Business Planning Guide for Jail Industries (Quirk and Miller, 2000) provides step-by-step instructions for developing and implementing a business plan. It will help you clarify your thoughts about jail industries and

develop a plan that enables you to communicate why such programs exist

and their potential benefits to inmates, jail programs, and the community.

A good business plan addresses the following aspects of a jail industry:

❑ WHAT the customer wants (the products and services offered).

❑ WHEN the customer wants it (the delivery schedule).

❑ WHERE the products and services will be created or performed

(the place).

❑ HOW MUCH the customer is willing to pay for the products and

services (the price).

____ Outline specific policies and procedures needed prior to opening the

program.

____ Develop draft policies and procedures.

____ Secure comments and revise the policies and procedures.

____ Print and distribute policies and procedures.

14. Resources: Sexton, Miller, and Jacobsen, 1990, chapter 15; Quirk and Miller, 2000.
51

Developing a Jail Industry: A Workbook

❑ HOW the customers will find out that your products and services are

available and be encouraged to buy them (the promotion).

A good business plan:

❑ Tells WHERE you are going (specific objectives).

❑ Tells HOW you plan to get there (marketing strategy).

❑ Gives specific GOALS to aim for (useful in the evaluation stage).

❑ Tells how much it will COST to implement the plan (budget planning).

❑ Provides a means for MEASURING progress when answering the

question, How well are we doing?

❑ Allows CORRECTIVE ACTION to be taken to control the plan.

❑ Enables pursuit of PROFITABILITY GOALS (Will we be able to make a

profit if we implement this plan?).

Checklist 15 Task

____ Complete the Business Planning Guide for Jail Industries for each

distinct industry project.
53

Developing a Jail Industry: A Workbook

References

American Correctional Association. 2000. Draft

Standards for Correctional Industries. 2nd ed.

Lanham, MD: American Correctional Association.

American Correctional Association. 1991. Standards for Adult Local Detention Facilities. 3rd ed.

Lanham, MD: American Correctional Association.

Department of Corrections and Rehabilitation.

2000. Marketing Plan for Offender Workforce.

Montgomery County, MD: Department of Corrections and Rehabilitation.

Miller, Rod. 1989. Standards for National Institute

of Corrections Jail Resource Manual. 3rd ed. Boulder, CO: National Institute of Corrections.

Miller, Rod, 1997. Work in America’s Jails.

Poolesville, MD: CRS, Inc.

Miller, Rod, and Ralph Nichols. 1984. NIC Policy

and Procedure Workbook for Jails. Washington, DC:

U.S. Department of Justice, National Institute of

Corrections.

Miller, Rod, and Don Walter. 2000. Detention and

Corrections Caselaw Catalog. 12th ed. Poolesville,

MD: CRS, Inc.

Quirk, Tom, and Rod Miller. 2000. Business Planning Guide for Jail Industries. Washington DC:

U.S. Department of Justice, Bureau of Justice

Assistance.

Sexton, George E., Rod Miller, and Victor J.

Jacobsen. 1990. Operating Jail Industries: A Resource Manual. Washington, DC: U.S. Department of Justice, National Institute of Justice.

Additional Resources

Jail Industries Association. 1999. Finding Resources for Jail Work & Industry Programs. Baltimore, MD: Correctional Industries Association.

Miller, Rod, and Ralph Nichols. 1989. National

Institute of Corrections Jail Resource Manual. 4th

ed. Boulder, CO: U.S. Department of Justice,

National Institute of Corrections.
55

Developing a Jail Industry: A Workbook

Sources for Further Information

For more information on jail industries programs, contact:

National Institute of Corrections

1860 Industrial Circle, Suite A

Longmont, CO 80501

1–800–877–1461

World Wide Web: www.nicic.org

Bureau of Justice Assistance

810 Seventh Street NW.

Washington, DC 20531

202–514–6278

World Wide Web: www.ojp.usdoj.gov/BJA

Bureau of Justice Assistance Clearinghouse

P.O. Box 6000

Rockville, MD 20849–6000

1–800–688–4252

World Wide Web: www.ncjrs.org

U.S. Department of Justice Response Center

1–800–421–6770 or 202–307–1480
Bureau of Justice Assistance

Information

For information about BJA, its programs, and its funding opportunities, requesters can call the BJA

Clearinghouse. The BJA Clearinghouse, a component of the National Criminal Justice Reference

Service (NCJRS), shares BJA program information with state and local agencies and community

groups across the country. Information specialists are available to provide reference and referral

services, publication distribution, participation and support for conferences, and other networking

and outreach activities. The Clearinghouse can be reached by:

❒ Mail

P.O. Box 6000

Rockville, MD 20849–6000

❒ Visit

2277 Research Boulevard

Rockville, MD 20850

❒ Telephone

1–800–688–4252

Monday through Friday

8:30 a.m. to 7 p.m.

eastern time

❒ Fax

301–519–5212

❒ BJA Home Page

www.ojp.usdoj.gov/BJA

❒ NCJRS Home Page

www.ncjrs.org

❒ E-mail

askncjrs@ncjrs.org

❒ JUSTINFO Newsletter

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