[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR345.33]

[Page 457-458]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
   CHAPTER III--FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE
 
PART 345--FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS--Table of Contents
 
               Subpart D--Recruitment and Hiring Practices
 
Sec. 345.33  Waiting list hiring exceptions.

    (a) Needed skills. An inmate may be hired ahead of other inmates on 
the waiting list if the inmate possesses needed skills and the SOI 
documents the reasons for the action in the position classification 
files.
    (b) Prior FPI work assignment. An inmate with prior FPI work 
experience during the inmate's current commitment and with no break in 
custody will ordinarily be placed within the top ten percent of the 
waiting lists unless the inmate was transferred for disciplinary 
reasons, was placed in segregation, or voluntarily left the FPI work 
assignment for non-program reasons (i.e. for some reason other than 
formal education, vocational training, drug abuse or similar formal 
programs). For example, an inmate transferred administratively for 
nondisciplinary reasons, and who has documented credit as a prior 
worker, is covered under the provisions of this paragraph.
    (c) Industry closing and relocation. When an FPI factory closes in a 
location with two or more FPI factories, an inmate worker affected may 
be transferred to remaining FPI factories ahead of the top portion of 
the inmates on the waiting lists, so there is no break in active duty 
with FPI. Such actions are also in order where the work force of an 
industry is reduced to meet institution or FPI needs. An inmate 
transferred under the provisions of this part will have the same 
benefits as any intra-industry transfer.
    (d) Disciplinary transfers. An inmate who is a disciplinary transfer 
from the last institution designated and who wishes re-assignment in FPI 
at the receiving institution may be hired on a case-by-case basis at the 
discretion of the SOI, who should consider the security level and 
reasons for the misconduct. Such an inmate, despite prior

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experience, is not due special placement on the waiting list, is not 
given advance hiring preference, and does not receive consideration for 
accelerated promotion back to the grade held at time of transfer.
    (e) Special needs. For special needs, such as Inmate Financial 
Responsibility assignment to assist in paying a significant financial 
obligation or for release preparation, the unit team may recommend an 
inmate for priority placement on the waiting list. Such placement must 
be documented and include the reason for the exception.