[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: 28CFR345.52]

[Page 460]
 
                    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 F--Inmate Pay and Benefits
 
Sec. 345.52  Premium pay.

    Payment of premium pay to selected inmates is authorized. The total 
number of qualifying inmates may not exceed 15% of first grade inmates 
at a location.
    (a) Eligibility. Inmates in first grade pay status may be considered 
for premium pay.
    (b) The selection process. Candidates for premium pay must be 
nominated by a foreman on the FPI staff, and recommended on the basis of 
specific posted criteria by a selection committee assigned by the SOI.
    (1) The SOI, as the chief selecting official, must sign approval for 
all premium pay inmate selections. This authority may not be delegated 
below the level of Acting SOI.
    (2) The selected candidate(s) are notified by the FPI Manager or by 
a posted list on the FPI bulletin board. A record of the selection and 
who was on the selection board is kept for documentation purposes. An 
inmate nominated to be a premium pay inmate may refuse the appointment 
without prejudice.
    (c) [Reserved]
    (d) Pay rate. Premium pay inmates receive a specified amount over 
and above all other pay and benefits to which they may be entitled 
(e.g., longevity pay, overtime, piecework rates, etc.). Premium pay is 
also paid for vacation, holiday, and administrative hours.
    (e) Duties of premium pay inmates. Premium pay is a means of 
recognizing the value of those traits supportive of morale and good 
institutional adjustment. It is not a form of bonus or incentive pay for 
highly productive inmates.
    (f) Transfer status of premium pay inmates. Premium pay status may 
not be transferred from institution to institution with the inmate 
worker. Premium pay status must be earned at each location.
    (g) Removals from premium pay status. Removal from premium pay 
status may occur for failure to demonstrate the premium pay selection 
traits or for failure to abide by the inmate worker standards set forth 
in this policy. All removals from premium pay status shall be documented 
on the inmate's evaluation form. The following conditions also may 
result in removal from premium pay status:
    (1) Any premium pay inmate found to have committed any level 100 or 
200 series offense by the DHO is automatically removed from premium pay 
status whether or not the offense was FPI-related.
    (2) Inmates absent from work for more than 30 consecutive calendar 
days may be removed from premium pay status by the SOI.