Pre-employment Procedures

(1) Prior to approving an inmate for employment at a particular site, the Superintendent or designee shall confirm that: (a) A job has actually been offered; (b) The employer is a legitimate organization; (c) The work site does not present a threat to public safety or the inmate; and (d) The inmate is suitable for the job; (e) The Employment Services Coordinator or his or her designee has conducted an in-person interview of the prospective employer, except that phone interviews will be permitted when employers previously have been part of the work release program. The interview shall include, but not be limited to, reviewing the conditions of the inmate's employment, providing an orientation for the prospective employer of the work release program and its procedures and regulations (the orientation shall be documented and maintained by the institution); 464.10: continued (f) The prospective employer has satisfactorily completed and signed an Employment Agreement Form. The signed form shall be maintained in the inmate's six-part folder after all necessary information has been entered in the designated IMS screens; (g) The local police, in the community where the inmate will be employed, have received notification that the inmate will be so employed. Police notifications shall be documented in the designated IMS screens and a copy of the notification maintained in the inmate's six part folder. (2) An inmate, approved for participation in a work release program, shall receive an orientation to the rules and regulations concerning community release, and shall signify his or her understanding by signing a Community Release Agreement. An entry into the designated IMS screens shall be made and the Community Release Agreement filed in the inmate's six-part folder. (3) An inmate approved for participation in a work release program shall meet with the Employment Services Coordinator or designee who shall: (a) Review the inmate’s employment background; (b) Assist the inmate in developing an individual employment program based on the inmate’s goals and needs; (c) Verify employment history when appropriate; (d) Refer the inmate to diagnostic services and other education and training programs as indicated; (e) Establish and verify appointments for interviews, applications, and other activities required for obtaining employment. Verification of appointments shall be documented in designated IMS screens. (4) Pursuant to M.G.L. c. 152, § 74, the Worker’s Compensation statute does not apply to “inmates of institutions performing labor under sections forty-eight to seventy-seven, inclusive of chapter one hundred and twenty-seven”. (5) Inmates taking part in the Department’s work-release program are not eligible to collect unemployment benefits under M.G.L. c. 151A, regardless of the reason for the termination from the program.