RD802 - Work Release Programs in Virginia – December 2022
Executive Summary: House Bill 170 directed the Secretary of Public Safety & Homeland Security to organize a workgroup that would make recommendations regarding the implementation of work release programs for incarcerated individuals who are close to release from state correctional facilities. Be it enacted by the General Assembly of Virginia: 1. § 1. That the Secretary of Public Safety and Homeland Security shall convene a work group to study inmate work release programs and shall include in the study a review of the availability of both public and private employment for inmates eligible for work release within the locality of a correctional facility. The work group shall be composed of at least one representative from each of the following groups: the Office of the Executive Secretary, Department of Corrections, Virginia Sheriffs' Association, Virginia Association of Regional Jails, and one or more organizations that specialize in reentry services, including transition and employment. The work group shall report its findings and recommendations to the Secretary of Public Safety and Homeland Security and the Chairmen of the House Committee for Courts of Justice, House Committee on Public Safety, Senate Committee on Rehabilitation and Social Services, and Senate Committee on the Judiciary by December 1, 2022. Pursuant to that requirement, this report is the product of engagement and collaboration among workgroup members who had varying expertise and perspectives on the recommendations. The members included representatives from the Virginia General Assembly, Office of the Executive Secretary, Virginia Department of Corrections, Virginia Sheriffs' Association, Virginia Association of Regional Jails, CARES/Re-Entry T.E.A.M, and Spectrum Health Systems. By name, membership included: VADOC Legislative Team: Jermiah Fitz, Corrections Operations Administrator & Legislative Liaison VADOC Stakeholders: Non-VADOC Stakeholders: Daniel Marshall III, House of Delegates, District 14 Virginia General Assembly Workgroup members developed four subcommittees relating to their areas of expertise which were (1) Classification, (2) Employment & Financial Management, (3) Programming, and (4) Security & Transportation. Each subcommittee was tasked with evaluating background information and current practices within work release programs; such findings led to recommendations encouraged by the entire workgroup. When taken together, these recommendations provide the framework for the implementation of a “pilot" work release program within the Department of Corrections. The workgroup reviewed the current eligibility criteria to determine if the criteria needed to be modified in order to allow additional inmates to participate in work release programs. At present, the eligibility criteria is restrictive in terms of certain criminal offenses eliminating inmates from work release eligibility. The Classification section details recommendations of suitable eligibility criteria for participation within a work release program, which would require the Department of Corrections to slightly loosen its existing criteria. This workgroup recommends that information in the Classification section of this report be utilized to evaluate inmates for potential participation in a VADOC-operated Work Release program. This workgroup also strongly encourages implementation of such a program to be located at a pilot site, and that 24-hour medical care be provided—such an accommodation would increase the number of inmates who could be considered “eligible" to participate in the program. The workgroup agreed that employment opportunities in both private and public sectors should be considered as potential avenues for partnerships. However, workgroup members also acknowledge that the potential employers’ hiring policies and the companies willingness to accommodate program guidelines/security protocols would ultimately determine if the company would be a good fit as a partnering employer. Financial Management is also an important component of the Work Release program. Currently, Code of Virginia § 53.1-1311 outlines work release for those confined to jails. The workgroup agrees that the wages earned by inmates held in state correctional facilities should be handled in a similar manner as specified in code, with the exception of “the inmate pays a fee to defray the cost of his keep." An amendment to Code of Virginia § 53.1-131 (A. 1)2 should be made to provide an exemption of VADOC inmates. This workgroup recommends that inmates participate in an intensive reentry program for a minimum of six (6) months as a mandatory prerequisite to work release. The primary goal of work release is to assist inmates with successful transition into their respective communities and family units as prosocial and productive citizens. Effective cognitive skill building and educational services are provided within the context of peer community. This workgroup recommends a model that is similar in design to the current Transitional Women’s Work Release, which operates from State Farm Work Center. The recommended model will incorporate evidence-based program components from both Cognitive and Therapeutic Community models with a focus on cognitive restructuring and behavior changes to complement all professional- and self-development gained during each inmate’s tenure within the proposed model. The Department of Corrections has a multitude of security practices and policies in effect that could pragmatically be applied to the security & custody of work release inmates. However, specific modifications to these operating procedures would likely prove beneficial to the success of a VADOC-operated work release program. Additionally, the workgroup suggests that all transportation of work release participants be provided by Spectrum Health Systems. Such services are already in use at the Transitional Women’s Work Release Program (TWWR) located at the State Farm Work Center. The 4.0 Driver/Transportation Operating Procedures listed in the appendix of this report address the essential needs and tasks of securely transporting work release participants via Spectrum Health Systems. Throughout the workgroup’s study of a VADOC-operated work release program, the findings revealed a consistent theme of such a program requiring increased full-time staffing levels at the institution(s) where work release inmates would be housed. Such positions should be considered for hire to ensure adequate coverage of security and transportation needs – and therefore would require additional funding for employee compensation and vehicle expenses to be addressed in the agency’s contract with Spectrum Health Systems. A fiscal impact has been determined based upon internal and external factors. For example, internal factors that have been considered within the financial planning of a work release program include the geographical location of the pilot site as well as staffing vacancies and/or transfers across the agency. Piloting such a program is contingent upon external factors as well, such as partnerships with public and private sectors and the employers’ willingness to hire VADOC inmates. Additionally, this report aims to highlight specific staffing considerations put forth by the workgroup as detailed in the Fiscal Impact section. The workgroup recommends “re-purposing" a field unit as the pilot work release location. The workgroup recognizes that successful execution of a work release program comprised of the abovementioned components, at the specified pilot site location, would potentially introduce a need for the reallocation of agency funds and/or a request for additional funding from the General Assembly. |
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