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Organisation and Management of Prison Workshops

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Page 1: Organisation and Management of Prison Workshops - …archivio.transnazionalita.isfol.it/file/White Paper - Prison work... · and Management of Prison Workshops ... Organisation and

EUROPEAN UNION

European Social Fund

O r g a n i s a t i o n

a n d M a n a g e m e n t

o f P r i s o n

W o r k s h o p s

EQUAL Community Initiative

PRIMA Transnational Cooperation Agreement

Members of the "Prison Work" group

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WHITE PAPER

PRISON WORK IN EUROPE

Organisation and Management of Prison Workshops

English short version

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WHITE PAPER

PRISON WORK IN EUROPE

Organisation and Management of Prison Workshops

English short version

EQUAL Community Initiative(2nd call for proposals)PRIMA Transnational Cooperation Agreement

Members of the “Prison Work” group

Centre d’Iniciatives per a la Reinserció (CIRE)Departament de Justícia de la Generalitat de Catalunya(España)

Departamento della Amminiostrazione Penitenziaria-Provveditorato Regionale per l’Abruzzo ed il Molise (DAP)Ministero de la Giustizia (Italia)

Direcçao Geral dos Serviços Prisonais (DGSP)Ministerio da Justiça (Portugal)

Gestion des Etablissements Pénitentiaires et Services Auxiliaires (GEPSA)(France)

Justizvollzugsarbeitersverwaltung (JVAV)Niedersächsisches Justizministerium (Deutschland)

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ACKNOWLEDGEMENTS

PublisherCentre d’Iniciatives per a la Reinserció (CIRE)Gran de Gràcia, 226 (08012) Barcelona (Spain)Tel.: 93 368 09 00 - Fax: 93 368 09 44 - www.cirecat.net

Within the framework ofPRIMA Transnational AgreementEQUAL European Community InitiativeEuropean Social Fund

Project Management Adolf Cabruja Martínez (CIRE Management)Carmen Rincón Millán (CIRE Department of Training and Inclusion)Isabel Aledo Bernal (CIRE Management)

CoordinationÒscar Puy Roca (CIRE Department of Training and Inclusion)Sonia Rodríguez Seisdedos (CIRE Department of Training and Inclusion)

AuthorsÒscar Puy Roca (CIRE Department of Training and Integration)José Miguel Aliaga (AUREN)

Provision of documents Centre d’Iniciatives per a la Reinserció (CIRE).Justice Department (Catalonia, Spain)Departamento della Amministrazione Penitenziaria (DAP).Ministry of Justice (Italy)Direcçao Geral dos Serviços Prisonais (DGSP).Ministry of Justice (Portugal)Gestion des Etablissements Pénitentiaires etServices Auxiliaires (GEPSA). (France)Justizvollzugsarbeitersverwaltung (JVAV).Ministry of Justice (Lower Saxony, Germany)Organismo Autónomo Trabajo Penitenciario yFormación para el Empleo (OATPFE). Ministry of the Interior (Spain)

TranslationNOVA Language Services. Barcelona

Layout and designAssociació per a la Promoció i la Inserció Professional (APIP)

PrintingPrinting Press of the CIREat the Centre Penitenciari d’Homes de BarcelonaEntença, 155 (08029) Barcelona

First editionNovember 2007

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CONTENTS

Drafting the White Paper ............................................... 9

INTRODUCTION .............................................................. 12

1. PRODUCTIVE WORK IN THE PRISON CONTEXT ....... 16

1.1. The concept of prison work ................................... 171.2. The importance of the work of inmates ................. 181.3. Objectives to achieved ............................................ 191.4. Management models .............................................. 211.5. Prison work systems .............................................. 25

2. THE SPECIFICS OF WORK IN PRISON WORKSHOPS 28

2.1. The value of gaining work experience .................... 292.2. Inmates’ access to a job ......................................... 302.3. Authority to allocate jobs ........................................ 332.4. Criteria for allocating jobs ...................................... 362.5. Nationality ............................................................... 382.6. Incorporating the inmate into a workshop: information for prisoners ....................................... 412.7. Compatibility between work and prison treatment .............................................. 422.8. The acquisition of work habits ............................... 52

3. MANAGEMENT OF A PRISON WORKSHOP ............... 58

3.1. Introduction ............................................................. 593.2. Commercial management...................................... 593.3. Production management ........................................ 623.4. Staff competency management ............................. 643.5. Quality management ............................................... 65

4. REGULATORY FRAMEWORK AND APPENDICES .... 66

4.1. Specific legislation on work for prisoners ............. 674.2. Worldwide regulations ........................................... 674.3. Regulatory framework for prison work in the European Union ............................................ 724.4. Regulatory and comparative appendices............... 76APPENDIX 1. Comparative table of prison work conditions (2006) ..................................................... 78APPENDIX 2. Social and working habits ....................... 86

5. CONCLUSIONS ........................................................... 90

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DRAFTING THE WHITE PAPER

This “White Paper on the Management of Prison Work-shops” is the end result of close transnational collabo-ration by the “Prison Work” group, one of the working groups into which the PRIMA (“Policies and strategies for PRIson MAnagement”), transnational agreement has been organised. This work took place in the context of the second call for proposals by the EQUAL Community Initia-tive (2004-2007), which focuses on promoting new prac-tices to fight discrimination in the work place and social exclusion.

As is well known, the population serving prison sentences is considerable, and offenders are clearly separated from the rest of society and subject to a high rate of failure in their future reintegration into society. A large body of re-search confirms the fact that this social reintegration is directly linked to re-entry into the labour market. Hence the importance of the task assigned to prison workshops, which fulfil a key role in providing and maintaining essen-tial work habits.

The White Paper started out as an idea by the Centre d’Iniciatives per a la Reinserció (CIRE), a public-sector company that manages prison work, training and inclu-sion into the work market within Catalan prisons. The idea was to bring together innovation, experience and practical usefulness to offer any prison staff intending to set up or improve a workshop in his or her prison.

The White Paper is the main product of the transnational agreement of the PROEXIT Project (The Platform for Ori-entation and Transition to Employment). This project was undertaken by the Development Partnership, made up of different representatives of organisations with broad ex-perience of direct management or of collaboration with the Administration in the prison context in Catalonia.

Led by CIRE, which has coordinated the process of pro-ducing this White Paper, the PROEXIT DP also included the Secretariat of Prison Services, Reintegration and Ju-venile Justice (Department of Justice of the Government of Catalonia) and the organisations APIP (Association for

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PRISON WORK IN EUROPE

Promotion and Integration into the Labour Market), the business association CECOT, Universitat Autònoma de Barcelona, Fundació Autònoma Solidària and the trade union Unió General de Treballadors de Catalunya.

CIRE has worked closely with the other international part-ners in the “Prison Work” group:

Departamento della Amministrazione Penitenziaria - Provveditorato Regionale per l’Abruzzo ed il Molise (DAP). The governing body of the prison administration system run by the Italian state in the regions of Abruzzo and Molise, with full authority in all prisons and juvenile centres in both regions.

Direcçao Geral dos Serviços Prisonais (DGSP). A body of the Portuguese Ministry of Justice in charge of managing prison policy.

Gestion des Etablissements Pénitentiaires et Services Auxiliaires (GEPSA). A private company working for the Ministry of Justice of the French Republic, co-managing a large number of prisons of different kinds, particularly with training and industrial work in penitentiaries.

Justizvollzugsarbeitersverwaltung (JVAV). A public-sector company answerable to the Ministry of Justice of the German state of Lower Saxony. It is responsible for all management of work and training in prisons for adults and juvenile penal institutes throughout the state. The work took the form of a productive exchange of infor-mation (regulatory, statistical, methodological, etc.) and above all of practical experiences, that took place dur-ing several quarterly working sessions in Lisbon (4 and 5 April 2005), Berlin (20 and 21 October 2005), Barcelona (3 to 7 April 2006), Luxembourg (27 to 29 September 2006), Toulouse (1 and 2 March 2007) and Pescara (4 and 5 July 2007).

The aim, throughout the text, has been to coherently in-tegrate two very different realities: on the one hand, the penitentiary world, scrupulously subjected to a necessary set of rules and procedures that makes up a pattern of relations governed by security, discipline, scientific treat-

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Drafting the White Paper

ment, space limitations, various interventions by profes-sionals and detailed planning of daily life; and on the other hand, the reality of work life in its industrial form, which also has its own processes and requirements that prior-itise very different aspects such as productivity, speciali-sation, individual effort, integration into a team, customer satisfaction, the importance of deadlines, product com-petitivity and quality requirements.

Without the contributions and collaborative spirit of all the transnational partners, it would not have been possible to complete this project, which we hope will be of interest and will achieve the ultimate objective shared by EU mem-ber states: to help to strengthen the systems and instru-ments designed not to punish inmates but to encourage their reintegration into society and their return to liberty in a better position to be useful and law-abiding citizens.

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WHI

TE PA

PER

I n t r o d u c t i o n

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The main goal of the Equal Community Initiative is to pro-mote equal opportunities in accessing the labour mar-ket for population groups at high risk of social exclusion. Without doubt, the prison population is one of the most significant of these groups and one that has grown con-sistently for several decades.

The PRIMA Transnational Cooperation Agreement sees this White Paper as a compilation of regulatory and prac-tical material that, using different country experiences as a reference, can lead to improved management and or-ganisation of productive work in prisons.

The aim of this White Paper on Productive Work in Pris-on and Juvenile Justice Centres is to present a study of the purpose, problems and general characteristics of the management systems currently governing work per-formed inside prisons in certain states of the European Union, specifically Germany (prisons managed by the Min-istry of Justice of the federal state of Lower Saxony), Italy (with particular reference to the prisons in the regions of Abruzzo and Molise), Great Britain (limited to the prisons of England and Wales) and Spain (with the particular con-ditions applicable to the independent prison system of the Autonomous Community of Catalonia).

The aim is to share regulatory systems and different prac-tical experiences in order to help us reflect on the needs which exist, and the possible adaptation of current models for managing productive workshops in prisons. We wish to propose, having considered other forms of manage-ment and what may be common problems, possible future modifications or adaptations of the model in place.

The document describes what we mean by prison work, what its objectives are and its relevance within the broad framework of European prison policies. We also detail the various types of management that exist (public, pri-vate, mixed) as well as the more common work systems in prisons. There is also a specific section with a list of features characterising the work of inmates, due both to their nature as being subject to the prison administration system and to the need to respect the ultimate objectives of a prison sentence. Productivity, internalisation of the value of work, re-education of inmates and the learning

Introduction

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PRISON WORK IN EUROPE

or consolidation of work habits are also concepts that are discussed and interlinked in this White Paper, as they are essential to the future reincorporation of inmates back into society.

All this has to be framed within a set of transnational regulations under which prison work takes place, with not just a European, but a global, vocation. Finally, there is a comparative study of different aspects covered in the White Paper that allows us to easily visualise current fea-tures of prison work, described in similar terms thanks to the intense team work undertaken during international sessions with the active involvement of the members of the Development Partnership.

The final conclusions will lead us to compile a number of general recommendations with a common theme: the full value of prison work as a key element in dealing with inmates and reinserting them into society. The viability of workshops as an efficient labour and production organi-sation demands an awareness of business rationale and the constant modernisation of material and professional resources. This will provide access to the work market on an equal footing, as will the social acceptance that is crucial to create real opportunities for inmates to rejoin society. In the relatively near future, these inmates will become free citizens with the need to integrate back into society through the power of their work and their skills.

The study makes clear that work is one of the linchpins of prison life and an important feature of the European model of penal law implementation, a model that places particular emphasis on the ultimate goal of reintegration into society.

Reintegration is also seen as a humane and effective form of crime prevention. In other words, knowledge of the reg-ulatory systems and the sharing of experiences within the DP have led the group to confirm its commitment to main-taining and perfecting the ultimate goal of guiding inmates to rejoin society and gain personal autonomy. These goals are the inspiration behind today’s production units within custodial institutions.

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WHI

TE PA

PER

Product i ve work

in the pr ison

context

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1.1. THE CONCEPT OF PRISON WORK

Prison work is the employment activity undertaken by per-sons subject to freedom-restricting measures. This work is remunerated and takes place in the context of a labour organisation managed by the actual prison service or by some other kind of private or public-sector business or-ganisation, with the ultimate goal of facilitating the work-ing inmates’ reintegration into society.

This employment activity can be undertaken in so-called prison workshops, spaces equipped for this purpose with-in prisons themselves or in external units run by them. These areas, particularly in the more modern prisons, are laid out as industrial units or real production units that are physically separate from the rest of the prison facilities. They are properly equipped (in terms of machinery, tools, furniture, safety equipment, lighting and ventilation) and are efficiently distributed into zones that aim to emulate a standard production or industrial facility outside pris-on. Alongside the material resources, it is the human re-sources that are a key success factor for these units. The production processes and infrastructure are as similar as possible to industries in the outside world but they differ from other production units or factories in the sense that they provide employment and practical vocational training to people serving prison sentences under what we might call an “ordinary” regime, i.e. inmates who are fully im-prisoned except for when they are allowed certain leaves on parole as provided for by custodial regulations, and un-til they are put under a regime of partial imprisonment.

By definition, prison employment activities must involve the production of goods and services, either manually or using specialist machinery in areas resembling a normal factory (manufacturing, furniture, processing of compo-nents on a production line, recycling, industrial cleaning, garment production, car mechanics and welding, among others) in order for these subsequently to be sold or sup-plied outside the prison, or alternatively for their use inside the institution, in all cases having an economic value.

Prison work also refers to auxiliary jobs that are essential to the daily running of the prison (for example, cooking, cleaning, laundry, the prison store that supplies food and

CHAPTER 1 - Productive work in the prison context

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personal-hygiene products, minor electrical and building maintenance work).

On a more exceptional basis, prison may even include training for a particular profession or trade. For the purposes of this White Paper, our study has focused on the productive labour activities undertaken in industrial workshops in the prisons of countries represented by the members of the Development Partnership.

1.2. THE IMPORTANCE OF THE WORKOF INMATES

First of all, we must approach the idea of prison work from a positive perspective, not so much as a way of reducing po-tentially dangerous behaviours but as an opportunity to gain employment skills and to regain or learn the value of work.

It is often the case that working habits are alien to those inmates who have never worked as an employee in a regu-lar employment structure (of their own volition or because they lack the basic skills), or they have lost them because it is many years since they have had any work experience, or they have simply detached themselves completely from working life because of long (or intermittent but frequent) stays in prison. Regaining the habits of work discipline and productivity (vital for successfully holding gainful employ-ment in the outside world) is a necessary challenge that must be taken on by the prison administration.

It is just as important to give prison work the significance it deserves as an ideal medium for learning work skills and competencies, a vital add-on to any prior theoretical training.

Another advantage deriving from prison work is the cre-ation of what is known as “social peace” based on reduced tensions that are part and parcel of forced, regimental and permanently controlled cohabitation imposed by the cus-todial institution. This “peace” is, without doubt, born from factors that go beyond the hoped-for success of treatment and the necessary regimental order. It is born out of cov-ering the basic needs and interests of inmates, such as:

PRISON WORK IN EUROPE

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Having a decent means of survival that allows inmates to cover daily expenses (purchase of additional food, lei-sure and hygiene goods from the prison shop).

Contributing to the expenses generated by a stay in prison.

Building up a savings fund which he or she can use on release from prison.

Being able to contribute to family finances.

Being able to contribute to the payment of specific civil liabilities included in the sentence (victim compensa-tion, damages, fines).

Demonstrating positive developments in conduct and ful-filment of the sentence, thereby giving the prison admin-istration or the relevant judicial authorities confidence to put him or her under a half-open or open regime under the terms provided for by the relevant legislation.

Leisure time within a prison, if it is not given any useful purpose, is confined merely to inactivity day after day (in communal areas and in cells), and is one of the most neg-ative effects of incarceration.

It can have a seriously adverse affect both on prisoners’ personalities and their chances of rehabilitation and on their capacity to adapt to prison life and to comply with the internal regulations governing discipline and order. The risk of prisoners breaking the rules or even the law within the prison itself multiplies. In the best possible scenario we see an accentuation of the sensation of the futility of being locked up in prison and of cases of depression.

1.3. OBJECTIVES TO ACHIEVE

Below we list the main objectives to be achieved through prison work:

Provide basic working habits and useful skills allowing prisoners to compete on an equal footing in the employ-ment market outside once they have been transferred to an open prison or have been finally released.

CHAPTER 1 - Productive work in the prison context

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Work in prisons is a fundamental right and duty of pris-oners, as well as a fundamental element of their prison treatment, with one essential aim: to prepare their fu-ture integration into the employment market on the best possible terms, allowing them to rejoin society, devel-oping their personal independence and respect for the law.

We must always remember that the intention when prisoners are released is for them to rejoin society hav-ing acquired certain basic values and professional skills which will allow them to avoid returning to prison: an ability to become law-abiding members of society, and, in addition, social and financial independence through their work. No form of rehabilitation works better than the ability to make an adequate living within the law.

It is, therefore, absolutely essential that individuals have the professional knowledge and basic work experience to convince potential future employers to offer them a job. Productive work, then, can be a valid tool (and a custodial institution does not offer many other alterna-tives) in achieving progressive contact with the world of work. It depends on adaptation to the outside reality, a capacity to respond to the need for useful occupation of a prison population frequently accustomed to inactiv-ity, to policies of containment based on abuses of social dependence, to unproductive leisure time or treatment programmes often undertaken on an intermittent basis and with a dubious degree of success in a high percent-age of cases.

Provide financial self-sufficiency during incarceration for those inmates who have no other legal means of subsistence, thereby covering secondary needs (prima-ry needs being already covered by the prison adminis-tration) of food, clothing and hygiene. For example, al-lowing themselves small additional everyday expenses that build self-esteem and peer group respect.

Encourage the inmate to face up to his or her financial obligations, such as paying the civil liabilities deriving from their crimes, the obligations imposed as part of the sentence or penalties, contributing to family financ-es or fostering an understanding of the importance of saving.

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Change the inmate’s attitude to work, so that he or she internalises, as a positive stimulus, the idea of gaining economic benefit from a legal form of work, thereby moving away from the satisfaction of committing a crime towards the satisfaction of work.

1.4. MANAGEMENT MODELS

Managing prison work consists of certain forms of or-ganisation, implementation and supervision of productive work activities that take place in prison workshops. There are various ways of classifying forms of management. We can make more precise distinctions between the various models being used on the basis of the legal nature of the management body.

1.4.1. Public management

The public administration is responsible for direct man-agement of all activities involved in the implementation of penal sentences, including rehabilitation of prisoners and productive prison work (although there is increas-

CHAPTER 1 - Productive work in the prison context

Management staff belong to the civil service with a di-rect relationship (hierarchical, operational, professional advancement) with other professionals of the prison ad-ministration.

The contracting of services and outside commissions subjected to the specific legal system governing pub-lic administration (tenders, contracts awarded directly, partnership framework agreements).

Any resulting profits go back to the administration it-self.

The cost of production (payment, machinery, facilities, disposables) are covered by the corresponding public budget.

Production is mainly for consumption within the institu-tion, or involves the provision of goods and services to other public authorities.

Box 1. Characteristics of a public administrative body managing a prison workshop.

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ing privatisation within the sector, in particular in coun-tries which operate under a system of Common Law). The configuration of the institution itself (and the inevitable limitations placed on the mobility of working prisoners) prevents the outsourcing of the employment and training activities which must be performed by law. For this rea-son, the administration and management of a prison cov-ers all spheres of activity undertaken within its walls.

The prison administration is legally charged with manag-ing productive work. It may delegate this responsibility either directly, through the prisons, or indirectly through administrative bodies or public corporations created to this end.

This management model involves productive work within prison workshops organised, implemented and super-vised wholly and directly by the prison administration (in some cases with the very direct involvement of the di-rectors and administrators of the prisons themselves, in others through a specific administrative structure). This type of public management, as far as the European Union

Box 2. Characteristics of a private body managing a prison workshop. Box 2. Characteristics of a private body managing a prison workshop.

Management staff subject to private contracts, indepen-dent of the hierarchy and organisational structure of the prison administration.

The contracting of services and outside commissions subject to the principles of the free market.

Any resulting profits go to the owner/s of the company. The main aim is to achieve targets of financial productiv-ity and profitability.

The costs of production (payment, machinery, facilities, disposables) are borne by the company, although they may have access to alternative sources of financing (grants, spaces within the prison provided by the au-thorities).

Production tends to focus on the provision of goods and services to public authorities and other clients within the private sector.

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is concerned, involves the national or regional authority (depending on whether the State has a centralised struc-ture or not in this area) establishing a specific adminis-trative body with characteristics such as those described in box 1.

1.4.2. Private management

Private management of productive prison work involves organisation, implementation and supervision being en-trusted to a specific company, generally through award-ing a temporary contract. A privately owned company thus plans, implements and controls productive work with the key features highlighted in box 2.

The process of privatisation of some penitentiary systems allows (by means of a concessions system) profit-making businesses to manage inmates’ work. Productivity is pri-oritised over other aspects such as training or treatment of inmates.

1.4.3. Mixed management

A public authority may operate within the marketplace by undertaking industrial and commercial ventures like a private company. Nonetheless, it has its own character-istics (formal structure, no priority given to commercial profit, contractual rigidity) which limit its ability to have an impact on the marketplace.

These circumstances mean that any activities undertak-en within the framework of commercial trade (therefore competing with the private sector) are always conducted in the form of a publicly funded company, even though governed by private law. Ultimately, public management of a commercial enterprise may be conducted by:

Independent bodies providing services of a commercial, industrial or financial nature.

Public-sector corporations (either governed by public law and with independent legal status, although oper-ating in accordance with the principles of private law, or commercial companies with a majority public share-holding).

CHAPTER 1 - Productive work in the prison context

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Commercial or civil companies providing services and legally owned by a public administration with whom a specific agreement has been signed.

The need to balance commercial concerns and business efficiency with the priorities and limitations of the prison system tends towards the creation of public bodies which, although they are answerable to the prison administration, can compete in the marketplace as an ordinary company.

The business component inherent in the private sector must be combined with the specific characteristics of the public sector. On the one hand, the prison administration is the owner of the spaces given over to the productive workshops, while on the other hand a public-sector busi-ness body manages their operation. In this way, a public-sector body managing productive prison work:

dedicates its own staff to the management, supervision and training of working prisoners;

has its own public budget;

has its own legal identity;

is governed by private law in its commercial and em-ployment relationships;

combines the principles of financial productivity and ef-ficiency with those of rehabilitation and integration.

It likewise allows for a four-way management structure:

Own management, conducted at the risk of the manag-ing body or company, which must sell part of its output on the market, competing with outside operators.

Co-management with outside companies selling prod-ucts on their own behalf and at their own risk, and com-missioning the public body or company with co-produc-tion or repairs.

Management of auxiliary services within the prison it-self (kitchen, bakery, prison shop, etc.) with raw materi-als supplied through competing outside suppliers.

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CHAPTER 1 - Productive work in the prison context

Management of the standardised provision of certain services and goods for other departments of the public authorities (professional clothing, military or police uni-forms and materials, hospital materials, civil-service office furniture, etc).

Public-sector companies are very similar to independent administrative bodies, in that they are non-commercial companies created under the principles of public law (created by legal decree and organised through regulatory systems), while operating under the terms of civil, com-mercial and employment law in the marketplace.

They produce an annual plan for their activities, invest-ments and financing, in addition to an operating and capi-tal budget, approved by the corresponding management body (made up entirely of representatives of various de-partments of one single public administration or other-wise several such administrations).

Independent public-sector bodies must be based on the principles of profitability, financial prudence and produc-tivity in terms of targets established by the administrative body to which they are answerable, in accordance with the principle of non-discrimination with regard to the private sector.

Their organisational and legal systems are governed by regulations with legal status, and they are provided with assets and operational guidelines. They must produce an annual operating and capital budget, and their system of prices and rates also depends on administrative authori-sation from above (generally the individual responsible for the ministry or department to which the body is answer-able).

1.5. PRISON WORK SYSTEMS

As well as the main management models, another classic distinction involves describing different work systems, i.e., specific methods to organise the production processes (taking into account the type of organisation that assumes the role of employer of the working inmates), the way wages are set, and ownership of the production resources (workshops, equipment, raw materials, etc.).

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1.5.1. Private or free system

Work performed under production and management con-ditions subject to standard labour legislation, generally outside the prison.

1.5.2. Mixed or contract system

The prison administration provides the contracting com-pany overseeing the productive work with a number of in-mates in exchange for the payment of a fixed sum per day of work and the supply of machinery and materials.

One specific contract system is known as “piecework”. The company pays the prison administration a set price per unit produced. While the prison provides the labour, spaces to set up the workshop and security staff, the con-tracting company supplies the machinery and the raw ma-terials, in addition to management staff for the production process.

An alternative contract system is that of “agreed sale”, in which the administration and the contracting company agree a fixed price per unit produced, but the manufacturing process is directly managed by the prison administration.

1.5.3. Administration system

This is the preferred system in most European states (a preference evident in the UN Standard Minimum Rules for the Treatment of Prisoners, and European prison regula-tions themselves).

The prison administration manages and organises the production process within the confines of the prison, and also provides for the means of production (machinery, raw materials, management staff, etc.).

If the end product is supplied to the prison administration itself, this is known as the direct administration system (or self-consumption), whereas if it is supplied to outside clients (private or public) it is known as indirect adminis-tration.

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WHI

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T h e s p e c i f i c s

o f w o r k i n p r i s o n

w o r k s h o p s

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2.1. THE VALUE OF GAININGWORK EXPERIENCE

We may all agree that prisons should not only be custodial centres for the prevention of crime but also, and above all, a place that provides inmates (particularly those already serving a sentence) with the opportunity to alter their at-titudes and reintegrate into society. This requires the pos-session of work skills and a high degree of self-discipline, both of which are difficult to acquire in common situations of chronic unemployment, total lack of training or the un-dervaluing of work.

Work within prison walls should be the first step to im-proving the negative aspects outlined above. The oppor-tunity to be reformed and rehabilitated into society (in the words of the UN International Covenant on Civil and Politi-cal Rights) must be accessible to all prisoners, as far as prison administration resources allow.

A productive, well-organised workshop that is, as far as possible, linked to the employment needs of the outside labour market can be an excellent vehicle for the inmate’s social reintegration. The workshop should provide for the aspects listed in box 3.

An inmate will make good use of time in

prison if he or she takes part in different useful activities, particularly

work, both to avoid their own deterioration or being inactive and to

develop skills for their rehabilitation.

The acquisition of work habits (adapting to a daily rou-tine, working day, limited breaks, etc.).

Internalising the concept of teamwork (adapting to workmates with different characteristics, contact with hierarchy in the workplace, good use of tools and ma-chinery, promotion resulting from good work, etc.).

Access to skills that can be used in the external employ-ment market.

A decent financial remuneration that takes into account the worker’s productivity and the good use of work time that he has been assigned.

Gaining ongoing professional knowledge (use of ma-chinery and up-to-date work methods).

Box 3. Aspects that any prison workshop should facilitate.

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However the work should be truly productive. This means that monotony should not be the order of the day when go-ing to work in a workshop. The everyday routine must have an obvious and practical use: an end product that will be used, that will have an economic value and will add dignity to a stay in prison.

Workshops that are conceived as mere means of subsis-tence do not match the principles of social reintegration that govern current penal policy in Europe. Their signifi-cance, however, is re-evaluated if they tend to reflect real-ity outside prison and facilitate inmates’ inclusion into the employment market.

Society thus perceives the usefulness of investment in prison work as a way of converting prisoners into potential workers, perfectly adaptable to the needs of the market, able to live self-sufficiently and within the dictates of the Law.

2.2. INMATES’ ACCESS TO A JOB

Although it is not always possible, due to the demands of each country’s legal system, it would be recommendable for the company managing prison work to participate in recruitment and not just to offer vacancies.

Whatever the case, it should be remembered that the re-ality of prisons shows us that not all individuals are able to carry out productive work, as some basic work skills are necessary.

It is not uncommon that jobs are given to inmates as a re-ward for good behaviour or for their cooperation in prison and in some isolated cases, as a way of neutralising the in-fluence of some inmates over others. Resorting to subjec-tive considerations should be avoided and the reintegra-tion goal of productive work should be respected, on the basis of individual shortcomings, aptitudes and needs. The two possibilities that exist are:

Compulsory allocation.

Voluntary request.

Demanding that inmates’ work is justified by the need to prepare them for work life outside prison, not by any supposed financial benefit to the administration or any individual.

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a) Compulsory allocation

In England and Wales (United Kingdom) there is a legal obligation to work during a prison sentence, unless there are age- or health-related impediments. The prison direc-tor has the authority to decide which inmates are in a bet-ter position to work in workshops as it is not possible to offer a job to all inmates. Prison Enterprises also collabo-rates in the process of selecting inmates to assign them a particular task, depending on the order received and its technical requirements.

In Lower Saxony (Germany) it is also the obligation of ev-ery inmate to carry out a work activity on the basis of their aptitudes, current work habits and professional vocation, as well as a compulsory three-month period every year in the prison’s auxiliary services. When the prison adminis-tration is not in a position to provide a job, the inmate is al-lowed to participate in training activities or any useful and economically justifiable activity. To join a prison workshop the inmate must be selected by the prison staff (wardens also supervise and organise the daily work under the con-trol of a coordinator from the public company JVAV and the prison governor).

In Italy, legislation (reformed in the year 2000) lays down that available jobs in each prison be published (with a dis-tinction between productive jobs, external jobs and auxil-iary services) in lists that can be revised and approved by the regional director. Selection depends on the categories set out in two lists, one of which is generic and the other contains jobs for which a specific qualification is required. The lists are drawn up by a committee formed by the gov-ernor of each prison, an inspector from the security de-partment, an educator, two trade union representatives, a representative of the employment services in the relevant region and a representative of the inmates (chosen at ran-dom and without voting rights). Various criteria for prior-itisation are taken into account: the length of unemploy-ment in the prison, family responsibilities, professional skills and work experience prior to entering prison.

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b) Voluntary request

In the case of Catalonia (Spain), the selection procedure comprises the features outlined in table 1.

The CIRE will notify the Treatment Board (Junta de Tratamiento) in writing of the incorporation of an inmate into a particular prison workshop, so that it can ratify, in its next routine weekly meeting, the job allocation agree-ment and it can be entered into the inmate’s personal prison file.

The Treatment Board revises and updates the work va-cancy list on a weekly basis to ensure that the vacancies are filled, and it takes special care not to include inmates who have no identity documents or who are chronically and severely disabled.

PHASES CHARACTERISTICS

1. APPLICATION The inmate asks to be incorporated into the workshop staff by means of an application addressed to a particular reference person (generally the supervisor to whom he/she has been assigned, a member of the treatment and observation team of the module or unit in which the inmate is living).

2. REVIEW The application must be approved by the corresponding supervisor (who must look at the compatibility between workshop shifts and other compulsory activities included in the particular inmate’s treatment plan).

3. APPROVAL ANDINCORPORATION ASA CANDIDATE

Once approved, the application is transferred to the prison training manager (this is a waiting list numbered in chronological order of requests received). The list is updated daily and a copy given each week to the treatment manager.

4. ADMISSION ONTO THEWAITING LIST

The inmate receives a reply as to the planned start date or, if there are no vacancies, he/she is notified of which position he/she holds on the waiting list.

5. DOCUMENTATION REVIEW The prison training manager checks that the candidates on the waiting list have accreditation documents (National I.D. for nationals, and a prison order is sufficient for foreigners*). He/she then forwards the list to the prison’s medical officer to produce an official note attesting to the fact that the candidate’s health allows him/her to engage in productive work.

6. ALLOCATION OF THE JOB Through the training manager, the Treatment Board receives the list of vacancies drawn up by CIRE (published in a weekly catalogue). It decides on the final allocation of jobs following objective criteria set by the legislation in force (Royal Decree 782/2001 and the General Organic Law on Prisons).

* As stipulated in the Resolution of the Director General of Migration Issues (Ministry of Employ-ment and Social Affaire) on the 4th December 2002.

Table 1. Phases in the selection process for working inmates in Catalonia.

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When the inmate starts the job, he or she is given writ-ten information on the terms and conditions of the work. The inmate is almost always assigned a single shift (a nor-mal half-day’s work equivalent to 4 hours’ work without a break) in order to ensure that the greatest number of inmates possible can have access to a job and follow re-habilitation treatment at the same time.

Box 4 provides a practical example of the allocation of a job to an inmate in a particular prison in Catalonia.

In France, requests for work must be made in writing and addressed to the prison administration. The prison gov-ernor heads a categorisation and orientation committee whose members include the person responsible for work and/or the prison workshops (RIEP representative or the concession company), the prison wardens’ representative, the local inmate training representative, the local employ-ment representative and a social services representative. The committee looks at all requests and suggests steps to take to guide each inmate, with ultimate responsibility falling on the prison governor.

The penal regime, physical and intellectual abilities, the influence that work will have on the individual’s reintegra-tion process, the family situation and the existence of civil liabilities to be paid are all taken into consideration.

2.3. AUTHORITY TO ALLOCATE JOBS

Who allocates jobs? Although it depends on who is orga-nising and managing the production process (the prison administration, a public-sector or private company), dif-ferent principles do come into play: on the one hand, productivity and business efficiency, and on the other the treatment and rehabilitation of the imprisoned offender. This means that other agents external to the production process are involved.

The ability to work must therefore be in proportion to the treatment needs of the working inmate. This is why gover-nors or the people responsible for setting and following-up personal treatment programmes also play an active role in the allocation of jobs.

In the allocation of a job, we must take into account both the reality of working

in the unique context of a prison and the need to achieve the right level of

productivity.

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Inmate Mohammed A., 26 years of age, a Moroccan national and ille-gally resident in Spain, is serving a 9 year prison sentence for public health offences (trafficking of narcotics that cause serious damage to health, in very significant amounts). Since the last quarter of 2006 he has been an inmate in X Prison in Barcelona. He has no family ties in Spain, but he has a mother and five siblings, all minors, living in his home country.

Mohammed has completed his basic schooling. There is no evidence of any accredited work experience and in the interview with prison staff, he mentioned that he had some experience in agriculture, the building trade and small household maintenance jobs in his home country.

There is no plan for him to move to an open regime in the short or medium term and when this does occur, the Public Prosecution Office may suggest to the court that it rules on his deportation from Spain.

The inmate, when he was on remand, made a written application for a job at the prison workshops. Once he was on an ordinary prison re-gime, his individual treatment programme (PIT) considers engaging in work and vocational training activities as a priority of intervention. There is no evidence that he is a drug-user or addict.

The prison training manager interviews the inmate and reviews his personal file, which includes his treatment programme. On the basis of the interview, he will be able to categorise the inmate in a particular specialisation, in this case, assembly and processing. Having discus-sed the suitability of candidates with the head warden of the inmate’s section, he will attend the weekly meeting of the Treatment Team to which the inmate has been assigned, in order to consult the other staff and experts on the suitability of the candidate for engaging in work activities at this time.

In the weekly meeting of the Treatment Board, Mohammed A. will be recommended to enter the prison workshops to hold a position the-re. The vacancies notified by CIRE are reviewed. They consist of five vacancies for workers in the assembly workshop, as there is a recent order for assembly of electrical switchboards from an external cus-tomer. This will provide jobs for 4 months. The training required and the profile of the job, included in the CIRE workshop jobs catalogue (approved annually by the Board of Directors) are:

Position:

- Assembly without use of machinery.

Requirements:

- Good level of concentration for high precision work. - High level of personal responsibility.

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- Good work ethic. - Manual skill and dexterity.

This particular convicted offender has not been in the Prison for a long period of time but he does have some work skills acquired during the work experiences he has described which suit the requirements of the role. His file includes no outstanding sanctions for serious offences, he does have family commitments (in his home country) and his per-sonal treatment programme recommends work activities.

Once the Board has approved the job offer, the prioritisation stipulate in Royal Decree 782/2001 must be adhered to. This lays down that the first priority must be that work is considered an essential part of the candidate’s individual treatment programme, aside from other factors (being sentenced, work abilities, behaviour in prison, length of time in the prison, dependents, etc.).

These legal criteria are looked at when prioritising candidates and on the basis of this a pool of workers for CIRE prison workshops is approved, made up of a list arranged in order of priority of 25 inmates, giving names and surnames, workshop or sector to which they are assigned and observations on the reasons for the prioritisation.

On the basis of this list, Mohammed A. is recommended for inclusion in the next wave of recruits in the Prison Assembly Workshop. The following week, he can start at the workshop together with another 4 inmates. He is then entered in the corresponding Register (there is no written contract) under the category of Basic Worker for the time it takes to complete the order that has been placed. The Social Security Department is notified of the commencement of his employment and this documentation is included in the inmate’s prison file.

On starting at the workshop:

He will be interviewed by the workshop supervisor to be told about the characteristics of the job, his rights and duties, form and amount of payment, etc.

He will be shown the facilities, his particular work station and his tasks, as well as the specific methods required for the production process.

He will begin a trial period of approximately 1 week, in which to learn the methods and to prove his ability to adapt to the workshop routine and the requirements of the job and adapt his relationship with his workmates.

Box 4. Example of considerations made within a specific process allocating a job to an inmate in a prison workshop in Catalonia.

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There can be several allocation systems:

Allocation by the prison governor.

Allocation by a cross-functional team of treatment pro-fessionals (psychologists, lawyers/criminologists, edu-cators, social workers, teachers, instructors, employ-ment integration experts, wardens, etc.).

Allocation by the prison work managers.

Joint allocation by external and internal agents.

It is worth recalling that, in the selection of inmates for work, experience shows that it is advisable to involve the company managing the work and not limit its role to of-fering vacancies.

Quite frequently, the prison administration’s technical teams that assign inmates to workshops have no knowl-edge of the true nature of the work and they prioritise gen-eral treatment criteria (or simply look to keep an inmate busy) and this leads to negative results.

2.4. CRITERIA FOR ALLOCATING JOBS

A constant issue in the area of productive prison work is the shortage of vacancies to cover the demand of inmates who are ready and able to work. The growth of the prison population has overtaken the places available in work-shops, so that:

There is a tendency to restrict the number of hours and shifts so that they can be spread over a greater number of recipients.

There is a system of prioritisation for job allocation based on objective criteria.

Box 5 describes a number of aspects to take into account when allocating prison work positions.

The criteria that are applied can be of many different kinds, but they must always meet objective requirements such as:

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Prior experience that demonstrates greater worker skills.

The applicant’s preferences for types of work.

Number of family members to support.

The fact that productive work has been specified as a re-quirement for the treatment of that individual inmate.

Priority given to convicted prisoners (for whom work is compulsory) over prisoners on remand (for whom it is only a right and an option).

Behaviour fitting the running and rules of the prison (no record of bad conduct or insubordination).

Length of time as an applicant.

Not all personal profiles are suitable and before starting work in a production unit, the inmate must have some basic work skills (hy-giene habits, punctuality, ability to follow work instructions, dexter-ity, etc.).

Likewise, there is often a worrying contradiction between suitable profiles (disciplined, productive, assertive, with work experience) and profiles with a greater need to acquire work habits (lacking in social skills, not very adaptable to the routine of work). In these cases, there must be an equitable selection system allowing work opportunities to both types of profile.

It is recommended that each workshop’s staff structure has one experienced inmate who is able to have positive relationships with his workmates. This person can act as a model for internal promo-tion and good work organisation. They can be a positive role model of efficiency and an example to newly recruited inmates. However, care must be taken to avoid jeopardising the authority of the official control mechanisms.

It is recommended to arrange some grouping of inmate profiles (convicted offenders separate from remand prisoners, long sen-tences from shorter sentences, habitual re-offenders from first-time offenders). The potential for leading astray and negative influences between workmates is high if their profiles are very dif-ferent.

Box 5. Some aspect to consider when allocating prison workshop jobs.

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Inmates’ own and family financial needs are undoubtedly a predominant factor, as lack of financial means is a shared characteristic of most inmates, to which we must add the budget restrictions that prevent the prison system from sufficiently alleviating inmates’ forced inactivity.

Other aspects, such as personal aptitudes and personal preferences are also clearly relevant when aiming for high productivity levels.

Adaptation to prison discipline is a clear indication of fu-ture adaptation to the discipline of working life. Admitting inmates into a teamwork situation when they display ag-gressive conduct, are reluctant to obey orders, or create conflict with their peers obviously offers no guarantee for a positive evolution in the workshop or for prison order in general.

Inmates must always be looked upon as individuals. This means taking into account his or her personal skills and also limitations and needs, which are invariably noted as aspects to improve when their prison treatment is being planned.

It is worth asking what is more urgent: providing a person who has never worked and who lived on the margins of so-ciety before entering prison with work habits as quickly as possible, or prioritising applications from inmates without any particular difficulties in reintegrating into the employ-ment market because they already have a defined trade and consolidated experience and they offer stronger guar-antees of adaptation to work, low conflict levels and high productivity.

When an inmate with no previous experience is given a position in a workshop, the most logical thing is to assign him or her to tasks that require no specialisation (pro-cessing or simple manual work) and then, on the basis of proven developments, move them to more skilled jobs.

2.5. NATIONALITY

The number of foreign inmates (taken as non-EU citizens serving sentences in a prison in the European Union) has been steadily rising since the early nineties, with a sharp

In view of the endemic shortage of vacancies, prioritisation must be based on objective requirements and not just efficiency, with cases of inmates with no work habits or unconsolidated work habits having priority.

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increase since the year 2000. The proportion of foreign-ers in the prison population across the various peniten-tiary systems of the European Union appears in table 2 (according to the World Prison Brief of the International Centre for Prison Studies, King’s College London, Univer-sity of London).

There are no regulations that discriminate on the basis of nationality and the right/duty to work applies to anyone serving a prison sentence.

In the context of prison work, recruitment should not be subject to the same restrictions that are imposed in the employment market outside prison. While, in the outside world, foreigners must receive authorisation to work from the public administrative bodies, for which they must have legal residency, in accordance with each country’s leg-islation, when it comes to prison work, this requirement does not exist.

Incarceration in prison, because it is a non-voluntary situ-ation imposed by the State within a framework of rights and duties (including the obligation to work or carry out useful activities), allows all inmates to access a job, with-out restrictions.

Thus, in the case of Spain (including Catalonia) every court order for imprisonment of a foreign national automatically equates to an authorisation to work in prison workshops. The validity of this authorisation always depends on the duration of the successive work activities that the inmate undertakes until he or she is released. It is worth high-lighting that employment in prison is not in itself an ob-stacle for processing the inmate’s extradition from Spain.

In England and Wales no authorisation is needed for a for-eign inmate to access a prison job. Since it is compulsory for all inmates to carry out work, the terms for accessing a job are identical to those of British nationals.

In Italy work within custodial institutions is a legal obliga-tion that must be met by all convicted prisoners or prison-ers subject to security measures, without distinction on the basis of nationality. According to recent statistics (second quarter of 2005) relating to the working prison population

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PRISON SYSTEM TOTAL PRISONPOPULATION

PERCENTAGE OF FOREIGNPRISONERS

LUXEMBOURG 768 (on 01.06.06) 7.0 (on 01.06.06)

CYPRUS 580 (on 11.04.06) 47.1 (on 11.04.06)

AUSTRIA 8,766 (on 09.06.06) 45.1 (on 01.11.05)

BELGIUM 9,597 (on 31.08.06) 42.0 (on 03.05.06)

GREECE 9,984 (on 31.12.05) 41.7 (on 16.12.04)

CATALONIA 9,412 (on 27.06.07) 38.8 (on 27.06.07)

ESTONIA 4,463 (on 31.10.05) 36.4 (on 31.10.05)

MALTA 352 (on 20.09.06) 35.0 (on 01.09.02)

ITALY 39,348 (on 31.12.06) 33.9 (on 30.09.06)

SPAIN (*) 65,566 (on 25.05.07) 32.5 (on 25.05.07)

NETHERLANDS 16,759 (on 01.07.06) 31.7 (on 01.07.06)

GERMANY 76,629 (on 30.11.06) 28.2 (on 31.03.04)

SWEDEN 7,450 (on 01.04.06) 26.2 (on 01.10.05)

FRANCE 52,009 (on 01.09.06) 20.3 (on 01.01.06)

PORTUGAL 12,819 (on 15.05.07) 18.5 (on 01.01.06)

DENMARK 4,198 (on 17.10.05) 17.5 (on 17.10.05)

ENGLAND AND WALES (**) 80,803 (on 25.05.07) 15.2 (on 25.05.07)

SLOVENIA 1,301 (on 01.09.06) 13.0 (on 20.10.06)

IRELAND 3,080 (on 01.09.06) 9.0 (on 20.04.06)

FINLAND 3,595 (on 16.05.07) 8.5 (on 16.05.07)

CZECH REPUBLIC 19,145 (on 11.04.07) 7.3 (on 28.02.07)

HUNGARY 15,720 (on 01.01.06) 3.8 (on 01.01.06)

SLOVAKIA 8,380 (on 01.05.07) 2.2 (on 01.05.07)

BULGARIA 11,436 (on 01.01.06) 2.2 (on 01.01.06)

SCOTLAND (**) 7,060 (on 25.05.07) 1.3 (on 01.09.04)

POLAND 90,714 (on 30.04.07) 0.7 (on 30.04.07)

LITHUANIA 7,983 (on 01.11.06) 0.8 (on 01.11.05)

NORTHERN IRELAND (**) 1,501 (on 28.05.07) 0.8 (on 30.01.06)

ROMANIA 33,368 (on 24.04.07) 0.7 (on 11.11.05)

LATVIA 6,676 (on 05.06.06) 0.5 (on 01.10.05)

(*) Including the prisoner population of prisons run by the Department of Justice of the Catalan Autonomous Government, which has executive powers over the organisation and management of prison policy in its territory. (**) Because the United Kingdom has no single legal system for penal and prison issues, data is given for the three different models that exist: England and Wales, Scotland, and Northern Ireland.

Table 2. Foreign prisoner population in the prison systems of the European Union.

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of Abruzzo and Molise, 36% were foreign inmates, com-pared to 30% nationally. In just over ten years, the number of foreign inmates in Italian prisons has increased three-fold. Of these foreigners, 98.5% are non-EU citizens.

In Germany foreign inmates require no authorisation to work (or train) in prison, as stipulated in paragraph 41 of the penal procedural law, given that the conditions are not comparable to work in free society. However, outside work or educational activities do require a work permit (para-graph 39 of the penal procedural law) as long as the em-ployment market situation allows a permit to be awarded without detriment to the preferential right to work of un-employed German nationals (paragraph 285 of SGB III). The Immigration Office has to confirm whether the re-quirements for legal residency are met simply through imprisonment.

2.6. INCORPORATING THE INMATEINTO A WORKSHOP:INFORMATION FOR PRISONERS

Socialising the inmate as a worker requires providing ac-cess to various tools that will allow inmates to attain the condition of a free worker while he or she is working, as long as the inmate abides by the terms of a prison sen-tence:

What are the inmate’s specific functions?

What is expected of the inmate as a worker?

What type of production is carried out in the workshop?

What rights does the inmate enjoy as a working pris-oner?

What duties must the inmate fulfil during the working day?

What are the features of the inmate’s work (category, wage, hours, length of day)?

What type of team will the inmate form part of?

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To whom should the inmate go with any queries or prob-lems relating to his work?

Consequently, it is a good idea that the inmate has a clear idea of:

The main points of reference the inmate should go to in any work-related events or problems.

The inmate’s rights and duties, as made clear during the course of a personal interview prior to starting at the workshop.

The rights and duties, clearly explained in writing and systematised, to act as a permanent reminder for the in-mate during the period of employment at the workshop.

The characteristics of the prison work agreement, in a written confirmation/summary for the inmate to keep (an extract of the applicable legislation, terms and con-ditions of work, means of remuneration).

2.7. COMPATIBILITY BETWEEN WORKAND PRISON TREATMENT

2.7.1. Work as part of the treatment

Prison work has an objective that is not just production (creating certain goods to then be used or sold) but also the acquisition of working habits and professional skills. In this sense, working in production workshops also forms part of an inmate’s treatment towards rehabilitation and reintegration into society.

Logically, access to a productive job requires inmates to exercise self-control, abstain from narcotics and alcohol and comply with the activities that he/she has been as-signed.

Prison treatment professionals have to be aware of the re-socialisation value of work, whatever kind it may be. Activ-ity planning should, therefore, include incorporation into a production workshop (or another type of paid work that can be carried out in a prison) at some point or other.

The aim is to reach a rational and balanced distribution of time and to make work in workshops compatible with other aspects of treatment such as specific programmes designed to deal with the particular reason the inmate had for committing the crime.

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2.7.2. Priority in obtaining work-based treatment

Prison work suffers an endemic shortage of vacancies in proportion to the demand for jobs. In light of the tempo-rary or, perhaps, structural impossibility of fulfilling in-mates’ right to paid work, we have to set up a prioritisation system. Inmates with a clearly deficient work profile are evidently the main target of prison work (understood as treatment) because:

they have never had a job;

they have no qualifications;

they have never worked with any degree of continuity;

they are unaware of key aspects of the employment market (high degree of competition, requirements of experience and professionalism, ability to adapt to dif-ferent work methods);

their criminal activity is related to, among other factors, the lack of legal means of economic subsistence.

A significant number of inmates are serving prison sen-tences for crimes that are unrelated to their work abilities or experience (sex crimes and violent crime, for example). However, the chance to continue work activities allows the inmate to consolidate and not diminish the normal work-ing habits attained by the inmate outside prison.

With regard to aspects that can be rehabilitated through prison work, please refer to box 6.

2.7.3. Benefits deriving from productive work

There are several aspects that can be valued positively, above and beyond the merely economic benefit of wages, as far as inmates’ rehabilitation and normalisation are concerned. The objectives of work-based intervention can be to:

Appreciate the ultimate purpose of a product with an economic value.

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Become familiar with and to share in communal work.

Increase the general degree of motivation for participa-tion in other prison activities.

Generate the levels of responsibility necessary for so-cial and personal development.

Become accustomed to the relationship with superiors in a work setting.

See their efforts rewarded with a wage that is directly linked to their productivity.

Help towards covering the expenses of outstanding civil liability payments (victim compensation, damages, etc.).

Become accustomed to the discipline of a timetable.

Increase self-esteem by improving themselves physi-cally and intellectually through useful work.

Work on aspects such as physical and moral self-con-trol, which are essential to life as a free person in the future.

Remove themselves from inactivity which increases the risk of illegal activities (what is known as the “corruptive effects” of continued inactivity on inmates).

Chronic undervaluing of work and personal effort

Lack of motivation to participate in prison activities

Tendency to re-offend outside prison or to fall into il-legal loan networks within prison as their only way to cover their financial needs

Lack of knowledge of the employment market

Lack of professional qualifications

Lack of adaptation to shared work

Dependence on family and social welfare.

Box 6. Specific aspects that can be treated through prison work.

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Experience a temporary distancing from the space and routine of prison, contrasting work with the negative influence of a monotonous life subject to continuous control, and to diminish the sense of suffering that is inherent in imprisonment.

In summary, work in prison workshops must not carried out in isolation. It is interlinked with other aspects (edu-cational, training, specific treatment) within an individual rehabilitation programme. More specifically, production work should form part of an integrated process of rein-tegration into the employment market and into society, adapted to the abilities and the limitations of each in-mate.

We must not turn our backs on the ultimate goal of full-time employment suited to the abilities and preferences of the inmate, on the one hand, and the demands of work outside prison, on the other.

Nevertheless, we must also be aware that the more ur-gent needs (covering minor expenses that are not covered free-of-charge by the prison administration, for example) necessitate provisional projects of a narrower scope.

2.7.4. Reasons for applying for a job in a prison workshop

Each country has its own system for responding to this situation. If work is an obligation, it is not just down to in-dividual motivation but to the fact that prison rules impose work as something that is inherent in the prison sentence (Germany, Italy, Portugal, England and Wales). However if it is a voluntary system (Spain, France), other motivations come into play:

Occupying one’s time.

Qualifying for prison benefits.

Obtaining positive assessment from the Observation and Treatment Team so as to be granted parole or be moved to a semi-open regime.

Obtaining financial remuneration which, in some cases, can help to support the family.

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Working in an activity that inmates can identify with and that makes them feel comfortable.

Undergoing on-the-job training that will help them find a job outside prison.

Through democratic election, participating in regular planning and work-management meetings with con-crete results both in terms of improved work processes and better conditions for the inmate.

2.7.5. Work as discipline

Prison administrations value work as one of the most ef-fective and peaceful ways of achieving internal discipline in prisons.

Assigning as many inmates as possible to work activities carried out together in a place specifically allocated for that purpose (the workshops) and under the supervision of experts, guarantees a decrease in the inappropriate use of individuals’ pent-up energy.

The internal order of a prison is based on efficient use of time and space for useful activities that benefit the treat-ment of prisoners. Insubordinate behaviour is less likely if work (as well as training, sports and treatment activities) take up as much of the inmate’s time as possible.

It is essential to include clear rules on expected behaviour during time spent working in the workshops, such as:

Proper use of machinery and tools.

Not removing any materials from the workshop.

Keeping the workshop premises clean and tidy.

Progressively decreasing one-off or repeated behav-iours that, because of their seriousness, lead to expul-sion from the workshop

Relating insubordinate behaviour in a workshop to the general prison regime is a positive thing, as it reinforces the linkages between treatment and the sentence and be-

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tween the company managing the work and the prison’s observation and treatment teams.

The reality of prison life shows us that expulsion of in-mates from workshops only occurs in extremely serious cases of lack of adaptation or of an absolute lack of inter-est in the work activities. The working prisoner who does not easily integrate should be given the opportunity of a voluntary transfer to another production unit.

To this end, it is highly recommended to draw up standard commitment sheets in all prisons with workshops, which clearly specify the appropriate warnings, instructions and general terms and conditions of the work.

2.7.6. Work as a factor in creating a normal life

From the inmate’s deepest perspective there is also a positive interpretation of productive work in prison. Get-ting a job in a workshop allows inmates to:

Remove themselves from oppressive environments such as the cell or the prison yard.

Have several hours of contact with free staff members who focus strictly on work activities.

Have more normal contact with other prisoners who are seen as work colleagues.

Earn a modest wage to cover small personal expenses or help to support their families.

Acquire a certain degree of personal self-esteem based on economic self-sufficiency and being useful to society through work.

Internalise the role of a worker above that of a prison inmate during the working hours.

2.7.7. Preparing and training the inmate

There has to be a sea of change in the philosophy of pro-duction towards constant retraining, where it now favours quantity over quality, in other words, simple manual tasks

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over specialist assembly. For this to happen it is crucial to achieve synergy between training, access to a job and production (training courses on work safety, on speciali-sations, etc.).

It is also good to raise awareness among businesspeople so that they collaborate in the training of working prison-ers: a trainer from the client company trains the inmates while the workshop supervisor undergoes training within the company. This requires willpower, commitment, abil-ity and, above all, coordination between the provider, the company and the customer.

The diversification of the market necessitates a philoso-phy of constant retraining and adaptation to new forms of production in which:

The use of new machinery must not lead to a drastic reduction in the workforce.

Frequent changes of orders require an ability to adapt to different kinds of production processes.

External companies (the actual clients) and social agents must be involved in preparing the inmates for work, ensuring:

- Fulfilment of regulations on health and safety in the workplace.

- Strong production performance. - Fulfilment of quality requirements that will lead cli-

ent companies to broaden or increase their orders.

The degree of necessity to train inmates will depend on each specialisation (see box 7).

2.7.8. Some difficulties inherent in the prison regime

One must, of course, be aware that productive work in prisons is, to a greater or lesser extent, affected by the characteristics of the prison organisation. The regime of prison life influences many different aspects.

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a) Entry and exit of materials and final products

The supply of materials and parts to be processed or transformed into products has to meet certain special requirements. There are some logical restrictions to how they enter and exit the prison. The supplies (the vehicles that transport them and the actual staff of the external companies) must be subject to strict security checks to prevent any handling, entry or exit of banned substances or potential escapes.

b) Mobility of working prisoners

This is one of the aspects that cause most difficulty to the efficient running of prison workshops. A change in prison regime affects the continuity of the working inmate for various reasons:

A move to an open regime/release and transfer to an open prison, with complete disconnection from the workshops.

A move to a closed regime or punishment by cell con-finement due to insubordination.

A transfer to another prison for reasons of prison secu-rity, family proximity, specialist treatment etc.

Attendance at specific treatment sessions (for drug ad-diction, for example).

For simple manual assembly work, training is straightforward and little prior training is required.

For mechanical assembly work or other specialisations (textile production, weld-ing, metalwork or carpentry), training is required that can be obtained in various ways:

- Preparatory vocational training courses given in the prison itself. - Training on health and safety in the workplace, given by the company. - Specialist technical training for supervisors and inmates given by the client

companies, thereby ensuring quality and performance. - Training given by other inmates in a position to do so.

Box 7. Inmates’ training needs for prison workshop jobs.

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Visits and interviews during the workday (with family members, lawyers, ministry of justice staff, the prison judge, etc.).

Lack of continuity among the prisoners employed in the workshop is, therefore, a distorting factor which is unfor-tunately inevitable as many of these events are outside the worker’s control and are part and parcel of a normal prison regime.

Only speedy and effective communication and coordina-tion between treatment professionals and workshop man-agers can guarantee some degree of planning of available workers.

These more or less prolonged absences justify the fact that remuneration and the duration of employment are directly related to productivity and the work that is effec-tively completed.

c) Security checking of inmates’ transfer, entry and exit

Generally speaking, working prisoners are all transferred in shifts from their accommodation areas to the work-shops using the same access.

They must be accompanied by prison wardens up to the entrance of the general workshop facilities. They then each go to their various production units, where they are counted and assigned tasks.

It is desirable to have a specific security structure (war-dens) at the entrance to the facilities. These wardens should also roam the different workshops, check up on the facilities and swiftly intervene in any insubordination incidents.

d) Security checking of work materials and tools

The security and safety of inmates is one of the most im-portant aspects of prison life. Workshops have materials and tools that could be removed for improper use (making weapons, trafficking of items).

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To avoid any added risk that may affect the safety of in-mates and the order of the institution, regular controls should be implemented, consisting of:

The fitting of metal detector gates at the entrance to workshops.

A daily inventory of the tools used.

Strict control of work materials (parts, adhesives, toxic materials).

2.7.9. The productivity goal

Prison work has a strong purpose of production. This means that the efficiency of the work processes carried out in prison workshops is measured on the basis of the capacity to produce certain goods or services (units of production), maintaining and, wherever possible, increas-ing the quantity and quality of the products.

One fact is clear: the level of employment in workshops of almost all prisons is very low. Consequently, one cannot expect high productivity or profit levels similar to those one would expect from production processes conducted outside. Nevertheless, the purpose of work inside prison walls is to provide a job that is paid on the basis of specific productivity levels.

This is the most reliable measurement of an inmate’s work capacity, dedication and internalisation of the work ethic. It also makes it viable for an external company (or the ac-tual prison administration) to take on specific orders and meet deadlines and quality and quantity requirements.

2.7.10. The purpose of social reintegration

Inherent in any activity (educational, recreational, cultur-al, therapeutic, work-related) conducted inside a prison, at least as regards the prison systems of the European Union, is the ultimate goal of return to society as a law-abiding citizen and of gradual reintegration into the com-munity.

Being productive (the ultimate economic

objective) should be compatible with the reality of the prison environment,

in other words, with a gradual and ongoing shift

in mindset: the inmate who is serving a prison

sentence has to internalise his/her role as a worker.

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An inmate will obviously return to the free world at some point or other, as a prison sentence in perpetuity is either not provided for in the various penal codes (for example, in Spain or Portugal) or they allow the possibility of sus-pended sentence after a certain number of years of im-prisonment (for example in France, the United Kingdom, Italy or Germany).

Thus, in most cases, the years of imprisonment are an “obstacle race” to reach freedom as soon as possible (whether it be full release, parole or a stay in an open prison). And this race is not only about achieving success in the treatment provided in prison for the individual (drug addiction, violent conduct, antisocial attitudes) but also about making the most of the opportunities that exist to prepare for a free life: training and practicing real ways of working.

2.8. THE ACQUISITION OF WORK HABITS

2.8.1. Profile/type of inmate who applies for a job

Most of the inmates who apply for a position in the work-shops present certain dominant characteristics:

Low level of professional skill sets.

Lack of work habits.

Heavy financial burdens (families to support, their own lack of resources).

Chronic dependence on social welfare (inside and out-side prison).

Prioritisation of work factors over training or education.

Ultimately, the workshop system targets a population characterised by a lack of positive social relationships and low levels of knowledge or work experience. Workshops will allow the inmate to work on the acquisition of habits: the main prerequisite for his integration into the external employment market.

For most prisoners there is no greater guarantee of obeying the law and gaining financial independence thanfinding and keepinga suitable job.

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2.8.2. Tools for acquiring work habitsand their assessment

One of the ultimate outcomes that is hoped for from a paid job in a workshop is undoubtedly the learning of social and work habits. More successful and better quality production is important in that it not only allows the prison system to offer a greater number of jobs or better pay but, above all, it allows it to intensively educate a greater number of in-mates about essential patterns of behaviour for work. However, it is not easy to apply tools to make inmates ac-quire sufficient habits that will be of use to them in find-ing and keeping a job once they have been released. The recipients of job opportunities in workshops are starting from scratch (little or no experience of work, conflictive ways of interacting with colleagues and superiors, lacking in skills for the use of tools and machinery, etc.).

To overcome these problems, the objectives and the tools to be used to measure success must be carefully de-fined:

Training. The inmate must be given prior basic knowl-edge of what habits will be required of him/her and why they are important in each of the trades and jobs to which he/she can gain access.

Combination of theoretical and practical training. It is pointless to teach someone about habits if they are not put into practice already inside prison.

Supervision of work. Habits cannot be learned and as-sessed without ongoing monitoring of the inmate’s de-velopment.

Application of monitoring and organisational systems:

- Clocking-in systems or signed attendance sheets to monitor compliance with the schedule.

- Setting the workshop rules down publicly and in writ-ing.

- Setting the staff organisational structure of the work-shop down in writing.

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Application of a disciplinary regime so that non-fulfil-ment of good habits leads to specific consequences.

Participation of the inmates themselves in the creation of dynamic, responsible teams.

Table 3 gives a list of the main areas of work habits.

2.8.3. The influence of training in a workshop

a) Work and training, two basic needs

The current employment market is undoubtedly highly competitive. Its conditions are more flexible than they were decades ago and this has led both to instability and to a demand for ongoing adaptability to technological change and to switching functions and skills.

Today’s training has to be continuous, in keeping with a desire to keep gaining new knowledge and professional practice. It is particularly difficult to access a qualified job without accredited training qualifications that are specific and up-to-date. In the prison environment, the specifics of a prison regime also limit the training specialisations that can be delivered.

b) Adaptation to the characteristics of prisoners and re-quirements of the work offered by a prison

There are two levels of jobs found in workshops: one of low specialisation (for example, basic manual work, industrial laundry, assembly of simple parts, packaging) and more specialised work (cooking, manufacture of electronic or high-precision goods, welding, carpentry, certain types of garment-making, data entry, printing and design).

Obviously, the first group of jobs requires no specific training. A short programme (no more than a few days) will allow the inmate to be fully prepared to undertake the routine tasks of the job.

For the second category, it is essential to provide the in-mate with a series of theoretical and practical knowledge specific to each specialisation. The complexity of the pro-cesses, the strict quality requirements and health and

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safety needs justify this “extra”. Before joining the work-shop, a certain threshold of knowledge has to be passed, and it is not advisable only to take into account the in-mate’s professional experience prior to entering prison.

c) Traditional difficulties

Daily experience in some European prisons shows that a significant number of inmates cannot easily obtain a train-ing certificate when it comes to certain specialist trades that are in high demand outside prison. This is due to a number of factors:

Insufficient professional training (in general).

Low ability for theoretical learning (particularly in in-mates with poor schooling).

PUNCTUALITYFollowing a fixed timetable for starting and ending work.

CAPACITY FOR TEAMWORKLiving alongside other inmates who are looked upon as workmates.

EQUITABLE DISTRIBUTIONOF AND COOPERATIONIN THE WORKLOAD

Sharing a production process with other workers, adopting the sense of a team of equals.

WORK HIERARCHYGetting accustomed to receiving work instructions.

CORRECT USE OF WORKINSTRUMENTS

Rational use of tools and machinery and proper conservation of work materials.

SAFETY IN THE WORKPLACEObeying the rules on health and safety in the workplace.

FINANCIAL INDEPENDENCE Having a regular legal income.

FAMILY RESPONSIBILITIESAND LEGAL OBLIGATIONS

Collaborating in financially supporting their own family and in paying the civil liabilities to the victim of their crime, as included in the sentence (compensation, fines).

SENSE OF PRODUCTIVITY Seeing productivity as a value of work.

OWN SELF-DEMANDMaking certain demands of him/herself and respecting colleagues in maintaining and continuously improving production processes.

CONTINUED ATTENDANCE Justifying work absences on reasonable grounds.

PREDISPOSITION TO WORKBeing aware that a negative attitude impacts the smooth running of the production work or line.

MOTIVATION TO WORKSeeing the usefulness of the work done and the value of work.

QUALITY OF WORKMaking an effort to help create a properly made product that meets the satisfaction of the customer or consumer.

Table 3. Main aspects of work habits.

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Irregular attendance at courses (this lack of stability particularly affects younger inmates).

The nature of training as just another option among all the activities offered in prison (France, Spain, Portugal) although some prison systems make training compul-sory, on the basis of the needs that have been observed and the impossibility of providing an actual job (such as in Lower Saxony, Germany).

Income from occupational training grants as compared to income from a job: the latter is perceived by inmates as preferable to attending training courses, either because it is the only way of earning a stable income (Spain), or because of the limited grants received in comparison to workshop wages (Portugal, England and Wales, Italy).

The organisational rigidity of some models of vocational training managed by the prison administration (lack of ongoing training for professionals, unsuitability of the specialisation to the reality of the work market and its constant changes) can lead to problems of adaptation to the demands for theoretical learning both in the em-ployment market and among prison workshop manag-ers.

d) Adaptation to the prison context

For these reasons, efforts are made to adapt qualifications to the real work opportunities that inmates can expect in the short term. Thus, in Catalonia, by means of a coopera-tion agreement between the Departments of Education (the Catalan Institute of Professional Qualifications) and Justice (through the CIRE) the aim is to, in the near future, implement a new certification system that will officially qualify a person in the category of assistant or auxiliary, which is more appropriate to the low training profile of a high percentage of trainees in prison.

Thanks to this basic training, gained by satisfactorily passing various training modules that take longer to com-plete than outside prison, and that adapted to the inmates’ many disadvantages, prisoners will be able to access jobs both inside and outside prison.

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Besides this, a fundamental need exists, closely linked to the necessity for integration and permanent collabo-ration between workshop management and the manag-ers of training courses delivered inside prison. Because of this, the aim is to set up an ongoing communication system monitoring the training needs that are observed in the workshops, which should be covered beforehand in the vocational training areas.

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3.1. INTRODUCTION

During the course of this document we make the sugges-tion to prison workshops, as micro-enterprises, that the focus of their management should be on processes that are usually cross-functional. Identifying the main pro-cesses (and how many of them there are in a workshop) is one of the most crucial things to ensure that they are managed to the highest standards. As a rule of thumb, and simplifying reality to some degree, we can identify just three main processes in any organisation: customer rela-tions management, product development (which includes design and manufacturing) and delivery of products to the customer. Incorporating a process focus into prison work-shop management means that the questions that matter are what is made, why it is made and for whom things are made.

We believe the greatest potential for continuous improve-ment in prison workshops lies in adopting a global per-spective in the analysis and simplification of processes that have, up to this point, been managed in isolation.

Below, we briefly describe the activities that we believe workshops must carry out in order to achieve efficient and effective process management.

3.2. COMMERCIAL MANAGEMENT

To successfully manage customer relations, a simple three-step strategy is sufficient:

1. Introduce new customers to the organisation.

2. Increase revenue from each customer.

3. Keep them in the organisation.

Outwardly, this looks quite easy. But the difficult question to answer is: what is the best method of managing cus-tomer relations to make these three steps happen?

To provide an answer, we present a useful tool, the cus-tomer pyramid, that will help workshop managers visua-

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lise, analyse and improve customer behaviour and profit-ability. This tool is also useful for raising awareness of the importance of customers as part of the whole organisa-tion that manages a workshop.

We know that prison workshops should have a marketing strategy allowing them to measure, manage and improve customer satisfaction and the care given to customers - whether private or public - by prison workshops manag-ers.

The parameters of customer perception that should be measured are: the value of the customer, their behaviour and their degree of satisfaction.

Let us take a closer look at what is worth measuring, managing and improving in terms of the customer:

Value of the Customer.

- Customer revenue: the revenue received from a cus-tomer.

- Profits per customer: an individual customer’s con-tribution to overall profits.

- Lifelong value of the customer: one customer’s av-erage contribution to profits throughout the average length of the relationship.

- Actual net value: the sum total of the value through-out the length of the relationship with a customer, minus interest rates and other factors.

- Number of customers in each segment of the cus-tomer pyramid: the strength of average turnover in each segment.

Customer behaviour.

- Average customer history. The time that customers have had a business relationship with the organisa-tion and, linked to this, the total average lifespan of the relationship from its beginning to its end.

- Time since last transaction. - Frequency of use of service. - Rate of transfer between segments. Measurement in

percentage of customers who rise up the customer pyramid.

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- Rate of abandonment, or percentage of customers who leave the relationship with the organisation after a certain period of time. An approximate estimate is that the rate of abandonment is inverse to the aver-age life-span of the relationship. One can also use the concept of rate of retention as a complementary measurement to the rate of abandonment.

- Evolution of the number of active customers. Number and significance (measurement in turnover or inmate employment) of customers who have left the organi-sation and also the number and significance of new customers.

Customer satisfaction.

Customer satisfaction is the perception that the cus-tomer has of the value they receive and to what extent this perceived value surpasses prior expectations.

Below we list three common errors and some recommen-dations for avoiding them:

Assuming that one knows what customers want and de-signing questionnaires on the basis of internal criteria. The solution lies in setting up a process to ascertain the attributes that customers consider important, before designing the questionnaire.

Creating a questionnaire that is too general, so that results may show us that the level of satisfaction has decreased, but they do not tell us the causes or what has to be done to improve it. The solution to this lies in introducing attributes of what is good in the specific products/services into the questionnaire.

Using a biased sampling procedure. The responses ob-tained from questionnaires will be neither meaningful nor representative of the perception of all customers. The solution lies in setting representative criteria for sampling. It is advisable to use the customer pyramid as the basis for using a sampling method that follows customer segmentation criteria.

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3.3. PRODUCTION MANAGEMENT

The methodologies and tools outlined below and recom-mended for application in prison workshops come from the fields of quality management, engineering and eco-nomics. The success of their implementation depends very much on how the production managers of these com-panies adapt the methods and tools to the specific char-acteristics of their companies. Here lies the challenge for workshop managers – to adapt them to the complexities of the prison environment.

Below we present some of the tools that are recognised as best practice in the business world and suggest adapt-ing them as a basis to achieve continuous improvement of the:

Work conditions in the workshops.

Work-related abilities (i.e., the knowledge, experience and skills) of the working prisoner population.

Types of products manufactured (to migrate from low-added-value products to others with greater added val-ue).

Efficiency and efficacy in achieving results.

Tools:

Time standards are among the most important elements of information in planning production activities and they are used for various purposes within organisations, re-sponding to questions such as:

What is the amount of people and machinery needed to achieve planned production levels?

What is the cost of producing a specific product?

Which manufacturing method proves to be the most ef-ficient?

How should we evaluate the efforts of the workers?

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How should we calculate the space requirements of the various workshops?

The materials list is a document that specifies the parts and materials needed to manufacture the final product and the sequence that is followed for incorporating them into the manufacturing process. The benefits brought by properly managing the materials list are many. For exam-ple, they allow a quick and easy shift from the demand for an end product to the demand for parts and materials that make up the end product. Thus, if an end product requires Y units of a certain type of component and X number of end products have to be manufactured, the demand for this type of component will be X multiplied by Y.

The capacity analysis looks at the maximum viable pro-duction, on average and in the long term, for a particu-lar combination of products. Viable production is when consumption capacity is below the maximum available capacity.

The load calculation allows one to predict what will happen if one wants to produce certain quantities (a production plan) with the resources of a certain operative system.

General criteria for monitoring manufacturing:

Prison workshops are recommended to organise activi-ties designed to identify and plan their manufacturing pro-cesses and make sure that these activities occur in con-trolled conditions:

Documented procedures.

Appropriate work environment.

Compliance with rules and plans.

Follow-up and monitoring.

Approved processes and equipment.

Defined implementation criteria.

Proper maintenance and maintenance policy.

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Distribution of space.

Analysis of movements.

Layout of work stations.

Continuous improvement: 5S methodology.

Monitoring of inspection, measurement and checks.

Auditing criteria in production processes.

3.4. STAFF COMPETENCY MANAGEMENT

Unlike personnel management in what is considered a conventional company, where the cycle of staff recruit-ment is set by the needs of production and ultimately by the market, in prison workshops the focus is set by the need to provide work to the totality (in as far as is possible) of the prison population that is able to work. This focus is the opposite of the usual one - in other words, instead of looking for the right workers for the type of product that is being manufactured, products need to be identified (and sold) that suit the production abilities of the available working prisoners. In the light of this, the following should be made avail-able:

Outlines of the available jobs. These should contain in-formation such as a job description, its main terms and conditions and the necessary requirements for having the job.

Staff files, with information on:

- Level of training prior to entering the prison. - Work experience prior to entering the prison. - The inmate’s skills and interests. - The inmate’s work history in the prison. - Training received in the prison, and assessment of it.

Staff training and staff recognition.

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3.5. QUALITY MANAGEMENT

Before embarking on a process of organisational improve-ment based on quality management, agreement should be reached on what is understood by the term quality. There are basically three different ways of looking at quality (fulfilling the specifications and satisfying the customer’s needs) which cannot be considered mutually exclusive. On the contrary, they complement each other. The rec-ommendation that we are making in this paper to prison workshops is to go forward progressively from the former through to the latter perception of quality. This journey along the quality route is more effective when quality con-trol tools are applied, which we describe in this paper.

CHAPTER 3 - Management of a prison workshop

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4.1. SPECIFIC LEGISLATION ON WORKFOR PRISONERS

The singular nature of prison work, linked as it is to the special regimes that govern the prison environment, justi-fies the existence of a set of regulations that is also some-what special and distinct from the normal labour regula-tions to which free employees or self-employed workers are subject.

Firstly, the way work activities are organised within a pris-on is closely linked to the prison regime (both in terms of discipline and treatment, i.e., aspects such as internal categorisation, rehabilitation programmes, etc.). Sec-ondly, inmates are subject to specific regulations relat-ing to the productive nature of their work, practically the only productive work that takes place in a prison, with the exception of other minor occupational activities (such as auxiliary services).

The manner in which work is carried out in a prison is in-fluenced by the specifics of prison life. For this reason, the work regulations that are applicable in most countries are very specific and highly adapted to the prison regime.

Some European Union member states have chosen to apply normal sector-specific work regulations to prison work, to a greater or lesser extent. In some cases the list of rights and duties of working prisoners may be affected by the restrictions inherent in the prison regime. But in other aspects (wages, health cover, unemployment ben-efit), the state can decide on the application of regulations that cover all employees. Other prison systems choose to create a specific set of labour regulations that will en-compass the main elements of the prison work contract, thereby avoiding any reference to normal labour law.

4.2. WORLDWIDE REGULATIONS

In the context of the United Nations Organisations (UN), and since its very foundation, there has been a growing interest in the creation and development of a set of regu-lations that will lay down basic and fundamental human rights to be respected on a global level.

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The UN Foundational Charter of 26 June 1945 declares that one of its aims is “to achieve international co-opera-tion in solving international problems of an economic, so-cial, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for funda-mental freedoms for all without distinction as to race, sex, language, or religion” (chapter 1.3).

In terms of rights and general principles as they relate to people subject to custodial measures or sentences, the regulations adhere to the minimum acceptable to the UN member states, which have such different political and social systems. But it must be remembered that some of these states, when the Standard Minimum Rules of 1955 were approved, already had national prison regula-tions that were more advanced (for example, the member states of the Council of Europe).

In this way, the UN upholds the tradition of setting shared international standards agreed on at international penal and prison conferences by official delegates from various states (the first was held in London in 1872, long before the existence of the UN).

The UN ratified the momentous Universal Declaration of Human Rights on the 10 December 1948 and its article 5 states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

On 1 December 1950, the UN Economic and Social Coun-cil passed an important resolution that set up an interna-tional prison conference to be held every five years (known as the Congresses on the Prevention of Crime and the Treatment of Offenders, up to 2005, when they came to be called the Congresses on Crime Prevention and Crimi-nal Justice) with resolutions that are binding for member states and that serve as general standards for actions. The congresses are consultative bodies of the UN Com-mission on Crime Prevention and Criminal Justice, head-quartered in Vienna, and are also an important forum for sharing national experiences and methods in the field of prison management and crime policy.

Another regulatory reference point that must be men-tioned is the International Labour Organisation (ILO), a

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specialist organisation founded in 1919 alongside the League of Nations and currently attached to the UN. Its goal is to promote social justice and internationally recog-nised human and labour-related rights. It also formulates international labour standards known as “conventions” and “recommendations” which set minimum conditions for fundamental work-related rights, such as the impor-tant abolition of forced work.

4.2.1. Conventions on forced or compulsory labour(1930 and 1957)

Convention No. 29 of the International Labour Organisa-tion (ILO) of 19 June 1930 excludes from the concept of forced labour the work that is demanded of individuals in prison as a consequence of a conviction in a court of law provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations.

Work carried out by prisoners (and considered compul-sory in many prison regulations across the EU) cannot be classed as forced. Although it is a compulsory activity, it does have to meet certain work standard conditions:

It must be remunerated in an equitable manner.

It must be productive.

It must help inmates acquire professional skills that will assist them in their attempts to become incorpo-rated into the employment market upon release.

It must take place in conditions similar to those of work outside prison.

The general health and safety standards for all work-places must be met.

Working hours must not be excessive and must not be incompatible with other activities (educational, treat-ment, recreational, etc.).

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On 5 June 1957, the ILO ratified Convention No. 105, relat-ing to the abolition of forced labour. As stipulated in article 1, all ILO member states undertake to cease and not make use of any form of forced or compulsory labour. The lat-ter is considered to be any work that is used as a means of political coercion or education or as a punishment for holding an ideological position, as a method of mobilising and using labour for purposes of economic development; as a means of labour discipline; as a punishment for hav-ing participated in strikes; or, finally, as a means of racial, social, national or religious discrimination.

4.2.2. International Covenant on Civil and PoliticalRights (1966)

Special mention must be made of article 8 of the Interna-tional Covenant on Civil and Political Rights (approved by the UN General Assembly on 16 December 1966), which specifically prohibits that anyone be required to perform forced or compulsory labour, except in countries where imprisonment with hard labour may be imposed as a pun-ishment for a crime in pursuance of a sentence to such punishment by a competent court.

4.2.3. Standard Minimum Rules for the Treatmentof Prisoners (1957, 1977)

The Standard Minimum Rules for the Treatment of Prison-ers are a set of standards adopted by the 1st UN Congress on the Prevention of Crime and Treatment of Offenders, held in Geneva in 1955, and ratified by the UN Economic and Social Council on 31 July 1957 (amended on 13 May 1977). It is a fundamental regulatory framework that rec-ognises and regulates the work of inmates inside prison.

It is worth highlighting regulations 71 to 76, from which we extract the following points:

Work must not be of an afflictive nature, i.e., it must not inflict deliberate suffering on the offender or be con-ceived as a penalty or punishment.

All prisoners under sentence shall be required to work, subject to their physical and mental fitness as deter-mined by the medical officer.

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Sufficient work of a useful nature shall be provided to keep prisoners actively employed for a normal working day, either in their workshops and on-site premises or in cooperation with external companies.

So far as possible the work provided shall be such as to maintain or increase inmates’ ability to earn an honest living after release.

Vocational training in useful trades shall be provided for prisoners who are able to benefit from it, especially young prisoners.

As far as is possible, prisoners shall be able to choose the type of work they wish to perform.

The organisation and methods of work in the institutions shall resemble as closely as possible those of similar work in outside institutions, so as to prepare prisoners for the conditions of normal occupational life.

The interests of prisoners and of their vocational train-ing, however, must not be subordinated to the purpose of making a financial profit from an industry in the insti-tution.

Preferably institutional industries and farms should be operated directly by the administration (or by their compa-nies or dependent bodies) and not by private contractors.

Where prisoners are employed in work not controlled by the administration, they shall always be under the su-pervision of the institution’s personnel and no discrimi-natory conditions imposed as compared to free work-ers. Wages shall be paid bearing in mind the normal wages for that work and the output of the prisoner.

The precautions laid down to protect the safety and health of individuals who are not serving a sentence shall be equally observed in institutions.

Provision shall be made to indemnify prisoners against industrial injury, including occupational disease, on terms not less favourable than those extended by law to ordinary workers.

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The maximum daily and weekly hours worked by pris-oners shall be fixed by law or by administrative regula-tion, taking into account local rules or custom in regard to the employment of ordinary workers.

The hours so fixed shall leave one rest day a week and sufficient time for education and other activities required as part of the treatment and rehabilitation of prisoners.

There shall be a system of equitable remuneration of the work of prisoners.

Under the system prisoners shall be allowed to spend at least a part of their earnings on approved articles for their own use and to send a part of their earnings to their family.

The system should also provide that a part of the earn-ings should be set aside by the administration so as to constitute a savings fund to be handed over to the pris-oner on his/her release.

4.2.4. Basic Principles for the Treatmentof Prisoners (1990)

These principles were approved by the UN General As-sembly on 14 December 1990, in its 68th plenary session.

The Eighth Principle states that conditions shall be creat-ed enabling prisoners to undertake meaningful remuner-ated employment which will facilitate their reintegration into the country’s labour market and permit them to con-tribute to their own financial support and to that of their families.

4.3. REGULATORY FRAMEWORK FORPRISON WORK IN THE EUROPEAN UNION

The various organisations that were established after the Second World War to integrate European states have all concurred in their definition of a regulatory framework that includes, across various spheres, the respect for key principles to be shared by any social and democratic state under the rule of law.

“Sufficient work of a useful nature shall be provided to keep prisoners actively employed for a normal working day”. (Standard Minimum Rules for the Treatment of Prisoners, 1955)

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Firstly, there is the Council of Europe with its headquar-ters in Strasbourg, France), the first pan-European po-litical organisation (created in London on 5 May 1949) and made up of various institutions: Secretary General, the Committee of Ministers, the Parliamentary Assem-bly (which also holds a Commission on Legal Affairs and Human Rights), The European Congress of Local and Regional Authorities and the European Court of Human Rights. Since 11 May 2007, it has forty-seven member states (all the independent European states except Be-larus, which is considered a candidate) plus the repre-sentatives of five more states with observer status in the Committee of Ministers (Vatican City, Mexico, Canada, United States and Japan).

Its main role is to act as a guarantor of human rights, parliamentary democracy and the rule of law, to help the countries of central and eastern Europe to implement and consolidate political, legislative and constitutional reform, and to provide knowledge and attitudes that act as refer-ence points when it comes to human rights and a culture of democracy.

The most significant regulations prepared by the Council of Europe take the form of European conventions or trea-ties which are fully legally binding. Special mention must be given to those relating to human rights (1950), the pro-tocol on the abolition of the death sentence (1983) and the regulations on the prevention of torture and Inhuman or Degrading Treatment or Punishment (1987).

Another crucial set of references is the legal directives of the European Union. When the six founding members made up by three European Communities (ECSC in 1951, EEC and Euratom in 1957) the goal was merely gradual integration and close economic, monetary and energy-related cooperation. The quantum leap came about out-side these aspects that defined the Common Market, with the Treaty on the European Union (signed in Maastricht on 7 February 1992 and added to by the Amsterdam Treaty of 1997) to establish a political sphere of European citi-zenship and a set of transnational institutions with wide-reaching common powers and policies that would affect the 27 member states (as of early 2007), excluding so-called overseas territories (six French overseas territo-

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ries, eleven British and the Danish autonomous territory of Greenland).

European regulations on fundamental rights include the Treaty of the European Union, which, in its article 6.2 rec-ognises that “the Union must respect fundamental rights, as guaranteed by the European Convention for the Protec-tion of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States as general principles of Community Law”.

4.3.1. Convention for the Protection ofHuman Rights (1950)

The European Convention for the Protection of Human Rights (CPHP) and Fundamental Freedoms of 4 Novem-ber 1950, in force since 1953, is applied by all member states of the Council of Europe.

The CPHP defines the rights and freedoms that member states undertake to guarantee any citizen or resident un-der their national jurisdiction. The European Court of Hu-man Rights (ECHR) is the instrument that the Convention itself provides to ensure legal compliance with the CPHP, which can be used by both states and individuals.

Article 4 stipulates that no one can be held in slavery or servitude nor required to perform forced or compulsory labour although this does not include work required to be done in the ordinary course of detention imposed accord-ing to the provisions of article 5 of the Convention or dur-ing conditional release from such detention (clause 3a).

4.3.2. European Union Charter of FundamentalRights (2000)

This Charter, of 7 December 2000, is addressed to the in-stitutions and organs of the EU, respecting the principle of subsidiarity and reaffirming the constitutional traditions of the member states, shared international obligations, the Treaty of the EU and other EU treaties, the European Convention for the Protection of Human Rights and Fun-damental Freedoms, the Social Charters of the EU and the Council of Europe, as well as the jurisprudence of the

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EU Court of Justice and the European Court of Human Rights.

Its article 5 stipulates that no one can be held in slavery or servitude nor required to perform forced or compulsory labour.

4.3.3. Recommendations on prison labour (1975, 2006)

Resolution (75) 25, adopted by the Committee of Ministers of the Council of Europe on 18 September 1975, is a rec-ommendation to member states’ governments to:

Grant a defined status and a defined priority to prison labour.

Make suitable resources available for the support of work programmes according to institutional needs.

Fully utilise to this end adequate and modern manage-ment systems, techniques and production processes.

Adapt conditions of work, performance objectives and remuneration as far as practicable and taking account of the special nature of work in prison with outside stan-dards.

Recognise the importance of work and its implications for management at all levels when staff are being se-lected and trained.

Co-ordinate the labour allocation system with the other aspects of the management of penal regimes.

Inform the Secretary General of the Council of Europe every five years of the steps they have taken to imple-ment this resolution.

The European Prison Rules, ratified by Recommendation REC (2006) 2 of the Committee of Ministers of the Council of Europe on 11 January 2006, replaced the previous Eu-ropean Prison Rules of 1987 (articles 71 to 76). The revised text amends the content of the 1975 Resolution mentioned above.

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In its articles 26, 100 and 105, the document compiles a number of shared European rules on prison labour with which the legislative systems of the member states of the Council of Europe must comply.

The European Prison Rules of 2006 put particular empha-sis on preventing any kind of labour-related activity un-dertaken by prisoners being considered as a punishment that is additional to the actual sentence.

Although work can make up the inmate’s principal daily routine (compulsory for convicted prisoners, voluntary for remand prisoners), this should not exclude other activities such as educational activities or those relating to social intervention. In all cases, the positive contribution that it makes as a means of training and normalisation of life in prison cannot be subordinated to the economic interests of prison workshops and industries.

Prison work (productive, in shared services, or other types) should be one of the elements that foster the in-mate’s personal development in response to the principle of re-socialisation. This means that, wherever possible, it should reflect the same demands and requirements of work in a free environment in terms of compliance with health and safety regulations, length of working day and the protection of the social welfare system.

The European Prison Rules put special emphasis on fe-male inmates having real possibilities of accessing any jobs offered in prison, without restricting themselves to occupations or work activities that have traditionally been considered suitable for women. This is a response to the need to respect equal opportunity policies and to link work opportunities with the production standards required by the employment market at any given time.

4.4. REGULATORY ANDCOMPARATIVE APPENDICES

In order to better visualise the general conditions to which prison work is subject, and its technical and legal bases, the following pages include several appendices with com-parative analyses (as well as an initial appendix on regu-

“As far as possible, the work provided shall be such as will maintain or increase prisoners’ ability to earn a living after release.”(Rule 26.3 of the European Prison Rules, 2006)

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lations). They are the result of the joint work meticulously carried out by the member countries of the PRIMA project, within the Prison Work team.

Appendix 1. Comparative table of prison work conditions. The first comparative table allows for an interpretation of the general conditions for work in prison workshops and industries in the member countries of the PRIMA proj-ect, as well as other conditions that are specially relevant because of their background in the field of prisoner re-education.

One can thus observe certain significant correlations be-tween different countries in the sphere of basic rights, as well as specific management styles that accentuate the distinct profile of each country’s prison system.

This comparative table looks at different aspects of inter-est to us here, such as the degree of legal requirement of work (as an element of activity that is inherent in im-prisonment), the existence or otherwise of a specific legal framework, an analysis of the competent regional author-ity in each state, the type of management used, the iden-tity of the body in charge of managing prison work, the competencies and criteria for selecting inmates to work, general conditions in terms of schedule and working day, average wages and how they are set, the legal restrictions that may exist in terms of worker’s use of wages, and the type of production that is most common, etc.

Appendix 2. Table on Social and Work Habits. This table looks at different work and re-socialisation habits that can be acquired through prison work. The various skills and routines that are considered key are assessed as medium to high or very high on the basis of their degree of signifi-cance for reaching the ultimate objective of fostering the prisoner’s social reintegration upon release.

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C O M PA R AT I V E

TA B L E O F P R I S O N

W O R K C O N D I T I O N S

( 2 0 0 6 )

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CATALONIA (SPAIN) SPAIN (EXCEPT CATALONIA) PORTUGAL

LEGALENFORCEABILITY

Prison work is a fundamental right of prisoners protected by the Constitution, an obligation on inmates (even though this may consist of a non-productive activity) and a basic element of prison treatment, in order to prepare prisoners for entering the employment market on release.

Prison work is a fundamental right of prisoners protected by the 1978 Spanish Constitution, an obligation on inmates (even though this may consist of a non-productive activity) and a basic element of prison treatment, in order to prepare prisoners for entering the employment market on release.

It is compulsory for inmates to carry out work and other activities, in keeping with their physical and mental condition, as assessed by a medical officer, and their training needs must be covered. It is compulsory to carry out auxiliary services for the prison for a maximum period of three months each year. Prisoners over the age of 65 and pregnant prisoners or new mothers may be exempt from the requirement to work. Inmates must be asked for their consent before being asked to work for private companies.

SPECIFIC LEGALPROVISIONS

General Prison Law of 26 September 1979, Prison Regulations of 9 February 1996, Royal Decree 782/2001 of 6 July governing the particular employment relationship of convicts, Circular 1/2002 of the General Directorate of Prison Services and Rehabilitation, on coordination between the CIRE and prisons.

General Prison Law of 26 September 1979, Prison Regulations of 9 February 1996, Royal Decree 782/2001 of 6 July governing the particular employment relationship of convicts. Instruction of the President of the Autonomous Body of 9 July 2001.

Law on Custodial Measures (1 August 1979), specifically articles 63 to 79 (Part VI, Chapters I, II and III).

COMPETENTAUTHORITY

Autonomous Community: Department of Justice of the Generalitat de Catalunya. Decentralised management; the autonomous community implements prison policy, applying State regulations.

State: Autonomous Body for Prison Work and Employment Training, answerable to the General Directorate of Prisons, belonging to the Ministry of the Interior. Decentralised management in autonomous regions with responsibility for prisons (currently only Catalonia).

State: Ministry of Justice, through the General Directorate of Prison Services, which implements the measures set by the Government, regulating and applying them.

TYPE OFMANAGEMENT

Mixed. Through a public corporation answerable to the prison administration of the autonomous community.

Public. Through an autonomous body answerable to the General Directorate of Prisons. Private companies may be involved, although always contracted, directed and controlled by the autonomous body.

Essentially public. There have been some successful cases of private management.

GOVERNINGBODY

Centre d’Iniciatives per a la Reinserció (CIRE), answerable to the Ministry of Justice of the Generalitat de Catalunya.

Autonomous Body for Prison Work and Employment Training, answerable to the General Directorate of Prisons of the Ministry of the Interior.

Direcçao Geral dos Serviços Prisonais (Ministry of Justice).

SELECTIONOF WORKERS

Responsibility lies with the Treatment Board of the prison. Each centre must produce a list of candidates for each productive sector, updated monthly, comprising prisoners who meet the requirements of the list of vacancies offered and approved by the Administrative Council of the CIRE

Responsibility lies with the Treatment Board of the prison. Each centre produces a list of vacancies, with the corresponding access requirements, and submits this for the approval of the autonomous body. Once the list has been approved, the jobs are offered to prisoners.

Responsibility lies with the Director of the establishment.

CRITERIA FORSELECTION

An order of priority is followed: 1) if the employment activity is covered by the individual treatment programme; 2) convicted prisoners have priority over remand prisoners; 3) aptitude for employment; 4) prison conduct; 5) time spent at the centre; 6) family responsibilities; 7) by transfer from another centre.

An order of priority is followed: 1) if the employment activity is covered by the individual treatment programme; 2) convicted prisoners have priority over remand prisoners; 3) aptitude for employment; 4) prison conduct; 5) time spent at the centre; 6) family responsibilities; 7) by transfer from another centre.

1) Work habits and experience; 2) length of time in the prison; 3.) sentence yet to be served; 4) degree of fulfilment of rehabilitation programme; 5) family responsibilities.

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FRANCE LOWER SAXONY (GERMANY) ABRUZZO & MOLISE (ITALY) ENGLAND & WALES (U.K.)

Law No. 22 of 22 June 1987 removed prisoners’ obligation to work. The prison administration is obliged to provide resources for any inmates who request to carry out an activity (productive work, general services, paid professional training). Activities are taken into account in the assessment of the degree of reintegration and conduct of prisoners. They are incorporated into the reintegration system.

All prisoners are obliged to carry out a work activity adapted to their skills and vocation, with a maximum obligatory service period of three months per year in the auxiliary services of the prison. In the absence of productive work, prisoners will be allowed to participate in occupational training activities, or any useful activity which can be justified from a cost point of view.

Prison work is compulsory for prison inmates and those subject to security measures in agricultural colonies and workhouses, and must reflect the conditions that exist in free society, thus permitting the acquisition of appropriate occupational training, while guaranteeing reintegration into society.

It is compulsory for prisoners to carry out useful work for no more than 10 hours a day, which may be performed outside cells and with others. It may only be excused on medical grounds.

Law 87-432 (22 June 1987), Law 90-9 on prisoners’ employment (2 January 1990), Law No. 75-624 (11 July 1975), PACTE-2 Circular (27 August 2001) to increase jobs, give consistency to reintegration systems, and make prison work-compatible with common Labour Law.

Federal Law on the implementation of sentences and custodial measures, of 16 March 1976, Federal Order of 1 July 1976 (sentence implementation regulations) and Federal Order of 11 January 1977, on pay for prison work. The Federal Law will be replaced by regional laws for all the Länder during the course of 2007.

Law No. 354, of 26 July 1975, governing the prison system, Decree of the President of the Republic number 230, of 30 June 2000 (prison regulations) and Law No. 193, of 22 June 2000, on regulations to promote employment activity among prisoners.

Prisons Act 1952, Prison Rules 1999, Prisoners’ Earnings Act 1996 and Prison Service Order 4460 on Prisoners' Pay (4 January 2002).

State: Ministry of Justice and its dependent prison Administration. Regional Prison Boards and individual Prison boards implement the policies defined by the prison administration and manage the supply and demand of activities.

Landy: Ministry of Justice of the Land of Lower Saxony. Decentralised management; the Land implements prison policy, applying German federal regulations.Federal laws will be replaced by Länder laws from 2007.

State: Ministry of Justice of the Italian Republic). Centralised management by the Italian State, with regional offices.

State: Home Office of the United Kingdom. Centralised management by the British State applying the regulations for England and Wales.

Two systems coexist: one system of public management (dependent on the prison administration system) and a private management system. It can be set up through a concession contract within a mixed-management framework.

Mixed. Through a public corporation answerable to the prison administration of the Land.

Public. Directly through the prison administration. Type B private companies and social cooperatives may be involved; these are delegated the management and administration of work

Public. A body reporting to the prison administration.

RIEP (Régie Industrielle des Etablissements Pénitentiares), managed by SEP (Service d’Emploi Pénitentiare). Private entities in a mixed-management system, subject to the objectives of number of hours worked and amount of pay distributed.

Justizvollzugsarbeitsverwaltung (JVAV), answerable to the Ministry of Justice of the Land of Lower Saxony.

Provveditorato Regionale della Amministrazione Penitenziaria per l’Abruzzo ed il Molise (regional office of the Ministry of Justice for both regions).

Prison Enterprises(reporting to the Prison Service of the Home Office).

Responsibility lies with the prison’s governing body. Job applications are addressed to the governor, and the requests are studied by an assessment and guidance committee including the individuals responsible for work, workshops, security, a local training representative, a local employment representative and a representative from social services. The governor has the final say.

Responsibility lies with JVAV staff in cooperation with the staff of the prison.

Responsibility lies with a commission comprising the Director, an inspector of the security body, an educator, two trade union representatives, a regional employment services representative and an elected prisoners’ representative but who does not have voting rights. A dual list of aptitudes is followed (one generic and the other by qualifications).

Responsibility lies with the Director of the establishment.

Wherever possible, each inmate’s job is chosen on the basis of his/her physical and intellectual abilities, the influence that the job may have on his/her reintegration potential, his/her family situation and the existence of civil liabilities pending payment.

Skills, professional experience and preferences are taken into consideration.

Period of unemployment, family responsibilities, professional skills and employment experience prior to entering prison.

No regulatory guidelines.

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CATALONIA (SPAIN) SPAIN (EXCEPT CATALONIA) PORTUGAL

TYPE OFEMPLOYMENTRELATIONSHIP

Special prison employment relationship (RLEP) as defined by the Workers Statute Law as such, and governed by specific regulations. RLEP status applies to prisoners involved in productive activities and the CIRE as employer.

Special prison employment relationship (RLEP) as defined by the Workers Statute Law as such, and governed by specific regulations. RLEP status applies to prisoners involved in productive activities and the autonomous body as employer

Employment relationship governed by prison regulations.

PERCENTAGEE M P L O Y M E N T RATE

27% of all available inmates worked in prison workshops (2005).

17% of all available inmates worked in prison workshops (2005).

48% of the prison population (2005).

WORKING HOURS Prisoners have the right to one and a half days' uninterrupted rest per week, and 30 days of annual holiday.

Prisoners have the right to one and a half days' uninterrupted rest per week, and 30 days of annual holiday.

Length of work varies between 30 and 36 hours a week (in the most normal circumstances). Weekly day off and holidays are guaranteed, as well as the ability to devote as much time as is necessary to educational and social reintegration activities. There is also a right to 20 days off that can be taken during parole.

AVERAGENUMBER OFHOURS WORKEDPER WEEK

Prisoners work around 20 hours a week (weekly shifts of 4-hour days).

It cannot exceed the legal limit set by standard labour regulations (40 hours per week).

From 30 to 36 hours per week.

PAY Obligatory only for productive work in prison workshops.

Obligatory only for productive work in prison workshops (various prison services are operated as productive workshops: kitchens, prison shops, bakeries, laundries, maintenance, gardening, etc.).

Obligatory for any work activity.

BASIS FOR PAY A payment module calculated with reference to the statutory minimum wage is applied, updated annually. Final payment is calculated in proportion to the number of hours worked and the performance achieved by the worker. The salary is calculated from among the possible formulae on the basis of the number of products produced, with the CIRE reserving, in all cases, the right to establish the methods and times applicable to the production of the product. Bonuses may be applied for productivity or for exceeding quality standards.

A annually updated payment module calculated with reference to the statutory minimum wage is applied. Final payment is calculated in proportion to the number of hours worked and the performance achieved by the worker. The salary is calculated from among the possible formulae based on the number of products produced, with the autonomous body reserving, in all cases, the right to establish the methods and times applicable to the production of the product.Bonuses may be applied for productivity or for exceeding quality standards.

Pay is calculated on the basis of wages of workers employed outside prison, bearing in mind the type of work and qualifications and, often, the expense of imprisonment is accounted for. Pay can be reduced by up to 75% when the prisoner’s productivity is lower than normal standards. The prison governor can approve productivity bonuses and other incentives. Pay can vary according to professional category and the worker’s input.

SYSTEM OFPAYMENT

Established in accordance with normal performance for the activity and the hours effectively worked, paid monthly into the prisoner’s personal account.

Established in accordance with normal performance for the activity and the hours effectively worked, paid monthly into the prisoner’s personal account.

Established on the basis of professional category (unskilled worker, apprentice, semi-skilled worker, expert). There is also work managed by private companies who use their own ways of calculating pay, taking into account the nature of the work and productivity levels. Prisoners attending training courses receive a grant.

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FRANCE LOWER SAXONY (GERMANY) ABRUZZO & MOLISE (ITALY) ENGLAND & WALES (U.K.)

Employment relationship defined by the Penal Procedural Code (CPP) and by prison regulations. There is no employment contract but a register to record the activity and a commitment document describing: type of work, duration, trial period, level of pay, terms for finalisation of the relationship by the inmate, the prisoner’s professional commitments, rules and holidays.

Employment relationship governed by prison regulations.

Standard employment (with the exception of special cases contained in prison regulations).

Not considered an employment relationship (only prison regulations apply).

39% of inmates undertook professional activities in general and 18% carried out productive work activities (2005).

42% of inmates worked in production workshops and 60% of all available inmates went on training courses (2005).

27% in Abruzzo and 28% in Molise (2005). In the prisons of the Italian Republic, the average employment rate is 26%.

Data not available.

Each prison establishes its own working hours under the legal limit of 35 hours a week. Article D-108 of the PPC stipulates that the duration of work must resemble the monthly working hours of each trade sector. Standard rules are applied to weekly days off and bank holidays.

Civil service hours apply (weekends and bank holidays are excluded), with the exception of production needs, and with the right to 24 days' paid annual leave.

Governed by standard labour regulations, with bank holidays excluded and with the right to paid annual holiday.

Each prison establishes its own hours within legal limits (maximum 10 hours per day).

Workshops are open and operating between 25 and 30 hours a week. Average working week is 20-30 hours.

Prisoners work 38.5 hours a week. Each prisoner can work at least 6.20 hours a day, without exceeding 40 hours a week. There is frequently a part-time working week of 25-30 hours.

Data not available.

Obligatory for any employment activity, and often extended to professional training. Time off for holidays, technical stoppage, sickness or workplace accidents is not paid.

Obligatory in all cases. Obligatory for any employment activity performed within the centre.

Obligatory. The aim is to motivate and reward active involvement on the part of the prisoner within the structure of the centre and the treatment and reintegration programmes. Refusal to participate in activities results in the loss of entitlement to any pay.

For general services, pay is between 7.4 to 13.25 euros a day. For production workshops, it is calculated by units of production. The rate of productivity is calculated to reach the minimum wage (currently 3.59 euros/ hour). More qualified jobs can pay an additional 22 euros/day. Each month, every workshop is monitored to ensure that it reaches the minimum wage level. There is in practice an average minimum wage used to keep accrued wages in check. Prisoners have no right to them because there is no actual guarantee of a minimum wage.

A basic salary is established in accordance with the general retirement pension set out in standard labour legislation.(Section 18 of Book IV of the Federal Employment Code.) A daily rate equivalent to one 250th part of 9% of the annual total of the retirement pension is established, and this may be sub-divided by hour. If the prisoner is on remand, the annual total is reduced by 5%.

Minimum of 2/3 of the salary recognised in the corresponding collective agreement.

As a minimum, a weekly rate of £4.00 sterling must be received (€ 5.80). Productivity incentives may be paid on the initiative of the head of the productive workshop if approved by the prison payment manager. In cases of involuntary unemployment and temporary incapacity for work (less than 1 month) the minimum rate is £2.50 per week (€3.62). In the case of long-term illness, maternity leave or those reaching retirement age, the rate is £3.25 per week (€4.71). In the case of hospitalisation the minimum rises to £4.35 per week (€6.30).

Pay depends on the quantity produced each month. Wages are paid into the inmate’s personal account.

There are five levels of pay, based on efficiency and the type of activity (non-qualified or therapeutic work - 75% of the basic salary; with a degree of work experience - 88%; with prior apprenticeship - 100%; qualified work - 112%, and higher level - 125%) except in cases of productivity below the minimum standard. Bonuses for difficult work, work outside standard hours, overtime and exceptional productivity.

Established impartially on the basis of the quantity and quality of work actually performed, the organisation and the type of activity.

Established according to the quantity and quality of work produced, following the scale in force at each centre. There are: 1) bonuses for productivity, overtime or meeting the objectives of the specific treatment plan; 2) deductions for reasons including undisciplined conduct, abuse in claiming allowances, theft of or damage to working materials and poor performance.

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LIMITS ONACCESS

The Prison Administration must ensure that prisoners contribute to the support of their family dependants and the fulfilment of their other obligations, with any remaining quantity being made available to the prisoner under the terms established in the regulations.

The Prison Administration must ensure that prisoners contribute to the support of their family dependants and the fulfilment of their other obligations, with any remaining quantity being made available to the prisoner under the terms established in the regulations.

Wages are paid in equal measure into one savings account and one easy-access account for purchasing personal or other permitted items. If there are family responsibilities or civil liability fines under the terms of the sentence, 50% of the wage goes towards them and the remaining 50% is spread equally over the two accounts. If there are both family responsibilities and civil liability payments, 50% goes to the former, 25% to the latter, 12.5% to the savings account and 12.5% to the easy-access account.

AVERAGE SALARY Practically 100% of the statutory minimum wage for 2005 (€9.94/day).

Depends on the productive sector, hours worked and/or productivity.

Depends on the type of work, level of productivity and trade sector.

SOCIAL BENEFITS Healthcare, maternity, risk during pregnancy, permanent incapacity, death and survival through common illness and non-work-related accidents, retirement, benefits for work-related accidents and work-related illness and unemployment upon release from prison.

Healthcare, maternity, risk during pregnancy, permanent incapacity, death and survival through common illness and non-work-related accidents, retirement, benefits for work-related accidents and work-related illness and unemployment upon release from prison.

Healthcare, maternity, risk during pregnancy, permanent incapacity, death and survival through common illness and non-work-related accidents, retirement, benefits for work-related accidents and work-related illness and unemployment upon release from prison.

TYPE OFPRODUCTION

Carpentry.• Locksmithing.• Industrial garment manufacture.• Printing and graphic arts.• Processing (packaging, labelling, • etc.).Industrial assembly.• Welding.• Baking.•

Auxiliary activities.• Farming.• Graphic arts.• Metalwork.• Ceramics• Kitchen and prison shop• Industrial garment manufacture• Processing• Maintenance• Bakery•

Arable and livestock farming• Carpentry• Ceramics• Electrical components• Printing and graphic arts• Gardening• Metalwork• Industrial assembly• Viticulture• Shoemaking•

TYPES OF CLIENT Private companies (75%) and public authorities (25%).Products produced in the workshops will be treated equally amongst themselves but given preferential treatment by public authorities in awarding supply and work contracts. Using the management commission formula, various public authorities commission supplies directly.

Private companies (through the Framework Agreements for cooperation with business organisations, to which interested companies sign up through protocols establishing specific terms). Prison Administration (commissions from the Prison Service Management and in-house production).Other public authorities

Prison administration, other public bodies and private companies.

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FRANCE LOWER SAXONY (GERMANY) ABRUZZO & MOLISE (ITALY) ENGLAND & WALES (U.K.)

Decree No. 2004-1072, of 5 October, sets the rules for distributing wages across various accounts. Two deductions are made:1) one for civil liability and debt payments (up to 200 euros /month, there are no deductions; from 201 to 400 euros/month 20% is deducted; from 401 to 600 euros/month 25% is deducted; over 600 euros/month 30% is deducted); 2) another deduction (10%) is the private fund accessed upon release.

Three-sevenths of the monthly salary is freely accessible. Percentages may be deducted for: 1) unemployment insurance and 2) contribution to imprisonment expenses unless only performing prison work, if exempt from the obligation to work or unemployed on an involuntary basis. Four-sevenths must be used to build up a reserve fund to cover subsistence costs during the first month following release from prison.

A maximum of 60% may be deducted from pay to contribute to maintenance expenses, sums owed for the compensation of victims and court costs. One-third must in all cases be set aside as freely accessible to the prisoner.

The following are deducted from pay: 1) legal maintenance costs for family dependants,2) sums ruled in a court order, 3) National Insurance contributions for investment in the public fund for the maintenance of prisoners, and 4) income tax for investment in the funding of victim support and crime-prevention bodies.

The average monthly salary, based on number of hours worked and average monthly wages reached, is: €380/month under a mixed system (concession to private enterprises), or €480/month under a system managed by the RIEP (it pays for the most skilled jobs in detention centres and in prisons for inmates serving long sentences).

Wages equate to 100% of the official minimum pay (€10.50/day) applicable to a 38 hour working week.

The average monthly salary of category B working inmates is €708.41 (€641.45 net); for category C it is €664 (€607 net). These amounts apply to fulltime work.

Data not available.

Healthcare, benefits for work-related accidents and illness. Right to benefits for permanent disability (total or partial). Pension but not unemployment contributions made. General standards applied for health and safety in the workplace, monitored by the competent national authorities.

Accident and work-related illness insurance, unemployment insurance.

Social benefits recognised in standard law.

Not specifically recognised in prison legislation.

Agriculture.• Graphic arts and printing.• Carpentry.• Footwear manufacture.• Furniture manufacture.• Processing.• Metalwork.• Metal furniture.• Assembly.• Textiles.•

Carpentry.• Printing and graphic arts.• Toy-making.• Processing (packaging, • wiringpasting, preparing cards, labelling, etc.).Marquetry.• Metalwork.• Metal furniture.• Industrial assembly.•

Sawing.• Carpentry.• Textile production.• Bookbinding.• Ironwork.• Leatherwork.• Baking and cake making.• Tailoring.• Plant nurseries and gardening.• Shoemaking.•

Carpentry.• Textile production.• Electrical assembly.• Sports goods.• Printing and graphic design.• Lighting.• Processing (packaging • preparing cards, etc.).Metalwork.• Furniture.• Industrial assembly.•

Mixed management system: prison administration (7%) and private companies (93%). Publicly managed system (RIEP): public bodies (56%) and private companies (44%).

Private companies (61%), prison administration (25%) and other public bodies (14%).

Prison administration (90%), private companies (8%) and other public bodies (2%).Regulations stipulate that production must meet needs (in an order of priority): those of the actual prison, those of other public institutions and finally, those of public and private companies.

The prison authorities, other public authorities and private enterprises.

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S O C I A L

A N D W O R K I N G

H A B I T S

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SOCIAL AND WORKHABITS

CONTENT DEGREE OFIMPORTANCE

IMPLEMENTATION POSSIBLE ASSESSMENTTOOLS

ACQUISITIONOF SOCIAL ANDWORKING HABITS

Regain, consolidate or acquire specific professional skills.

High Adaptation to work through training.• Ongoing training and • professionalisation. Activity-based module.Specialist technical supervision by • professionals.Equipment and organisation identical • to that of a workshop outside prison.Respect of the instructor as a role • model.Definition of rules and regulations • and consequences of actions (punishment).

Assessment of workshops by • supervisors, paying special attention to competency certification.Degree of efficacy and efficiency • (qualitative and quantitative).Individual interviews with inmates.• Document of acquisition of • competencies. Record of development.Definition of objectives achieved and • results.

ABILITY TO WORKWITH OTHERS /TEAMWORK

Living alongside other inmates thought of as work colleagues.

High Organise small teams of inmates • (10 to 30).Collective pay and production system • if conditions allow.Prisoners participate in the • organisation of workshops and in setting quality parameters.Group dynamics.• Setting goals through teamwork.• Delegation of tasks and shared • responsibilities.

Assessment table based on social • habits acquired. The table is filled in by the person in charge of training for an attestation of competence.Individual interview with each inmate • at least once a year.Analysis of variation in productivity.• Monitoring activity through an • assessment record.Self-assessment in questionnaire • format.

COOPERATION ANDEQUITABLEDISTRIBUTION OFWORKLOAD

Share a production process with other workers adopting a sense of a team of equals.

Medium Organisation of small workshops.• Distribution of tasks and setting of • rules regulating pay.Possibility of promotion for • inmates to more complex jobs or ones requiring a higher degree of responsibility.

Number of complaints received from • inmates.Activity monitored through • assessment record.Individual interview with each inmate • at least once a year.

CORPORATEHIERARCHY

Getting inmates used to receiving orders at work.

Very high Inmates are supervised by • technicians for organised activities (supervisors or workshop managers).Organisational chart (with the • functions and tasks of each member).Raising awareness as to the benefits • and consequences of hierarchical organisation.

Assessment table based on social • habits acquired. The table is filled in by the person in charge of training for an attestation of competenc.Assessment of functions properly • carried out and for assigning new tasks on the organisation table.Assessment record as an indicator of achievements, deadlines, objectives met, incidents, etc.

RESPONSIBILITYWHEN HANDLINGWORK TOOLS

Appropriate use of tools and machinery and proper upkeep of work materials.

High Training for adaptation to work and in • the use of equipment.Checking of correct use of equipment • under professional supervision.Regular maintenance of equipment, • both by the inmate and by the external professional.Individual and responsible use of • tools (handing in of tools used).

Checklist.• Number and type of faults, • breakdowns and damage during functioning or through improper use (use as indicator).Lifespan of tools and machinery.• Check number of rewards or • penalties.

SAFETY IN THEWORKPLACE

Compliance with regulations on health and safety in the workplace.

Very high Application of and respect for • regulations on health and safety in the workplace.Outline of the purposes of the • equipment and how they are achieved.Training and specific information for • supervisors and inmates.Set up teams to share responsibility • for non-compliance as well .

Checklist.• Internal monitoring of compliance • with regulations. Results of reports and surveys on regulations compliance.Documentation of accidents and • incidents caused by not following safety procedures.Record/data base of accidents, • containing all necessary information.Assessment of goals met by the • group and on an individual basis.

FINANCIALINDEPENDENCE

Having a regular, legally earned income.

Medium Search for permanent clients all • year round.Setting up of a significant marketing • team (one commercial representative for each institution) in charge of looking for new customers.

Calculation of pay rules.• Average monthly wages.•

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SOCIAL AND WORKHABITS

CONTENT DEGREE OFIMPORTANCE

IMPLEMENTATION POSSIBLE ASSESSMENTTOOLS

CONTRIBUTION TOFAMILY EXPENSESAND LEGALOBLIGATIONS

Through personal effort, inmates help to support themselves and their families; they also meet legal obligations deriving from their crime.

Medium Possibility of designating part of their • income to supporting the family or to paying civil liability penalties deriving from their crimes.

Analysis of transactions in inmates’ • accounts.Record of transfer of part of their • income to family or to pay civil liabilities for their crimes.

SENSE OFPRODUCTIVITY

Being aware of productivity as a factor in the value of work.

High Supplementing wages on the basis of • production costs.Guided work to achieve results.• Meeting delivery deadlines.•

Wages.• Number of units produced.• Results compared to defined • objectives.Meeting delivery deadlines.•

DEMANDS ONONESELF

Making certain demands on oneself and earning a degree of respect from colleagues by optimising production processes.

Medium Implementation of teamwork, • whereby each inmate’s activity has consequences for others.Implementation of a system of group • pay.Specific information and discussion • groups.Motivation of the work team to • reinforce the work; contribution of the individual when carrying out shared tasks..Participation in the management of • the production process.

Annual assessment by technical • manager or supervisor through interview.Number of workers committed • to innovation and improvement processes.

CONTINUEDATTENDANCE

Justifying absences from work on reasonable grounds (health & others).

Medium Each absence must be justifiable or it • will carry a penalty.Register of absences.• Incentivise continuity.•

Being aware of absenteeism.• Use of a monitoring system.•

MOTIVATIONTO WORK

Perceiving the usefulness of work done.

High Wages in proportion to production.• Work as part of each offender’s life • plan.Description of tasks and their value • for the end product.Promote worker’s participation in • possible decisions relating to him/her.

Level of absenteeism.• Number of suggestions presented.• Motivation indicators (drop-out rate, • absenteeism, etc.).

QUALITY OF WORK Key factor for a satisfactory product.

High Implementation of ISO 9000 quality • standards in the system.Each workshop should have a quality-• control department and an inspector.Professional training.• Setting minimum quality levels.• Rewarding quality in order to • motivate production.

Inmates make good their own • mistakes.Information and training on the need • to obtain quality products.Average costs and profits (on the • basis of the minimum benchmarks set).Degree of customer satisfaction.• Incorporation into the market.•

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CHAPTER 5 - Conclusions

The preparation of this White Paper on the Management of Prison Workshops has allowed us to visualise the state of affairs across the various prison systems of the Euro-pean Union. We have provided an overall picture of the models of prison work currently in force in the countries and regions represented in the Prison Work group (Lower Saxony, Catalonia, Spain, France, Italy and Portugal), and included references to the model applied in England and Wales, one of the prison-work systems with the longest history.

Throughout the paper, we have seen confirmation of the importance given to work as an inherent part of prison life, not any longer as a punishment (as it was understood in the European prison and criminal justice systems until well into the 20th century) but as a key instrument in re-educating offenders in work habits and an essential way of preparing their future reintegration into society.

The treatment of offenders in the prisons of the Europe-an Union leaves room for improvement by, for example, working towards a sustainable increase in public invest-ment in prison work, and constantly adapting it to the re-ality of employment in the free market. These measures will make an effective contribution to the goals of trans-forming the offender into a responsible and law-abiding citizen, of bringing the behaviour of people who have seri-ously violated minimum social norms and the basic rights of their fellow citizens in line with the rest of society – es-sentially, of getting the prisoner to opt out of a lifestyle that is linked to crime. We can conclude that there is no better way of bringing an individual into line with society than to incorporate one of the main facets of any free citi-zen: being useful to society by engaging in work.

All the models studied highlight prison work in terms of these goals. Some of them make it compulsory, in others it is voluntary, but in all cases it is made clear that it is the duty of the prison services to provide work opportu-nities (production, training, services or any other type) to anybody in their custody who has been convicted or tried. Convicted inmates have to renew or consolidate essential work habits that they have lost or never had; remand pris-oners must not see their temporary imprisonment wors-ened by the fact that they are denied the right to work.

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Given the situation described in the various sections above, we can draw a number of conclusions that may be of some use to prison managers who are looking for new ways of managing prison work, especially industrial or production work:

Production work in prisons still has validity as the main tool for providing work habits to offenders who have never had a normal work experience or to offenders who have at some time incorporated these basic habits, so that they can consolidate and not lose them due to long periods of imprisonment.

It is recommended that workshops be set up where there are two differentiated levels of production diffi-culty: skilled work and less skilled work. This distinc-tion allows one to provide employment opportunities for offenders with no experience or low employability and also to predict progressive promotion potential based on the degree to which habits have been consolidated and on technical/professional abilities.

Incorporated into production or industrial work there may be other forms of prison work, such as providing auxiliary prison services (bakery, kitchen work, laundry, general maintenance).

Productive prison work should form part of an individu-al’s roadmap to reintegration, which should be planned in conjunction with the prisoner and be made up of sev-eral forms of work activity that will facilitate his/her progression into free society, giving him/her a greater sense of responsibility and accepted social standards. Thus, when the acquisition of a work ethic has not yet been proven in the outside world, a job in an industrial workshop should open doors to various sources of work (ex-offender reintegration companies, cooperatives, collaborating not-for-profit organisations, public tem-porary work programmes) that can act as a bridge to integration into normal companies in the free market.

Young offenders who are of working age should be con-sidered as a group to be prioritised in the provision of work and training. Intensive dedication to productive work and training in a trade can prevent the high po-

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CHAPTER 5 - Conclusions

tential for tensions and disputes that characterise this group.

The activities of prison workshops are integrated into the prison structure as a fundamental part of the life of a prisoner and timetables should be structured so as to make work compatible with other key treatment activities (especially therapy or health activities, specific programmes focusing on the offence committed, edu-cation, probation, etc.). However, prison work should not be seen as less important than other aspects of of-fender reintegration that are not essential but that are still important forms of socialisation, such as the right to practice sport, to leisure time, or to group trips out-side prison. Neither should these types of activities in-terfere with work. Work deserves the importance that free society gives it, as a key factor for self-reliance and responsibility, and prison must transmit and maintain this importance.

Because the goal of full employment is not yet a reality in any of the prison systems studied, the allocation of jobs should aim at reaching a balance between the dif-ferent profiles of working inmates. Thus, prisoners most in need of occupational treatment and to learn work habits (those inmates who have never worked or who have lost the basic habits they did have because of long prison sentences or short but frequent sentences) must have the same work opportunities as other inmates with greater work or social skills. When priorities are being set for selection, they must include not only variables such as work skills, good prison behaviour or the fi-nancial needs of the candidate, but also the awareness that work is a key part of prison treatment, applicable to all inmates. One option is a mixed profile of workshop employees (skilled inmates to guide inexperienced in-mates). Another option is to set up separate workshops focusing on treatment (without the primary objectives of productivity) which specifically target those offenders most lacking in skills and work habits.

The setting up of equitable pay systems that objectively value real work performance (productivity and atten-dance) is recommended.

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Wages must have restricted access, in accordance with the responsibilities of the working prisoner (contribut-ing to family finances, contributing to the cost of his/her time in prison, payment of civil liability penalties deriving from the offence and imposed as part of the sentence as victim compensation or damages repara-tion) and the provision of a savings account for use on release. In this way, the prison services help offenders to meet their personal and legal obligations and con-tribute to their financial independence on release from prison.

Working hours must be respected and as much as possible with a minimum of interference by events un-connected to work, that would not be part of the com-mercial work that takes place in normal conditions in any company outside prison. Examples of this are the difficulty in obtaining available security staff or the fre-quent interruptions to the working day because of in-terviews with family members, lawyers, rehabilitation staff or other needs that should be covered outside the inmate’s regular working hours.

The work normalisation goal requires the application of specific prison regulations to prison work that are also applicable to working conditions in free society, as much as possible.

All prison staff must be involved in order to properly develop and organise prisoners’ work. It must be seen by all security and rehabilitation staff as a key factor in tracking the prisoner’s development through treatment. The traditional distrust of the meaning and quality of prison work, held both by the public and by prison staff who are not directly related to prisoners’ daily work ac-tivities, must be combated.

In relation to the previous point, orders for productive work from other public services should be requested and taken on. Other public bodies should give preferen-tial treatment to prison workshops when adjudicating supply contracts (for example: paper and official docu-ment printing, uniform-making, making and laundering healthcare linen and other materials, manufacturing of furniture for public institutions, etc.).

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CHAPTER 5 - Conclusions

The professional training provided in prisons should be up-to-date and highly flexible, so that it will be directly related to the work opportunities provided in prison through workshops or other trade units and it must meet the demands of the employment market. In this way it will serve the purpose of training offenders prior to their incorporation into a prison job and provide them with a foundation of technical knowledge that can be applied outside prison.

The prison workshop environment must emulate, as far as is possible, a space dedicated exclusively to work. The inmate must be able to identify with and feel inte-grated into a work structure, with useful and economi-cally measurable production. For this to be possible, the values of quality and professionalism must be transmit-ted with a high degree of constancy. Prisoners do not stop being prisoners, but within that, during the course of the working day, they become “just another” worker with a set of rights and duties. Exercising these rights and duties allows them to become actively involved in their own professional training and re-education pro-cess.

There is a wide variety of management models. Indus-trial work can be managed either by the Prison Ser-vice itself (Spain, England and Wales, Italy, Portugal), or by private companies through concessions (France) and public-sector companies integrated into the pris-on structure (Lower Saxony, Catalonia). Independently of the legal nature of the managing body, what really matters is making respect for the fundamental goals of the prison (custody of offenders, their re-education and reintegration into society, looking after the safety of the public, prevention of future criminal offences, etc.) compatible with a sense of business efficiency that is vital to the sustainable development of productive and industrial structures.

When setting up a prison workshop, certain architec-tural conditions and facilities must be present to allow multifunctional use and high quality work. Industrial work requires constant adaptation of production pro-cesses to the various kinds of production ordered by customers (whether they are the actual Prison Service,

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another public body or a private company). This guar-antees the possibility of increasing order numbers and growing the technical skills of working inmates. A cor-rect design of the area would include the following:

- Planning of rest areas to avoid having to leave the workshops.

- Designing each workshop with suitable dimensions to avoid a sense of being enclosed.

- Separation from other prison facilities. - Arranging workshop space to meet the needs for in-

ternal movement of goods and production. - Facilitating the loading and unloading of goods. - Facilitating access for goods transport.

The geographical location of prison workshops (and by extension of newly built prisons) should consider their connection to local industrial and commercial networks. For this reason, it is recommendable to plan workshops close to active focal points of industry (industrial estates etc.). This linkage will contribute to local economic de-velopment and help to increase the number of prison jobs.

Work conditions must be appropriate and must emulate those of a production unit outside prison. Special care must be taken to set up:

- Optimum lighting and ventilation. - Adapted entrances to allow disabled prisoners to

work. - In each workshop, a stable and well-proportioned

number of workers. - Equitable distribution of the workload. - Clear methods of quality control and productivity

measurement. - Respect for the standard regulations on health and

safety in the workplace. - Systems to prevent the deterioration of the facilities,

maintaining order, cleanliness and regular upkeep of areas and equipment (painting of walls and doors, re-pairs, installation of modern machinery, etc.).

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CHAPTER 5 - Conclusions

Production and distribution processes must be properly planned. Correct planning of the production process will allow customer needs to be met (good storage so-lutions, ease of entry and dispatch of materials, meet-ing of deadlines, etc.) and show inmates the normal requirements of operations in any production process outside prison.

Motivational methods must be applied to prevent work-ing prisoners from feeling a sense of tedium with the routine or pointlessness of the work activities undertak-en. One recommendation for this would be to schedule staff rotation across the various workshops and to pro-gressively increase wages on the basis of the quantity and quality of the work done.

Providing offenders with normal work habits is also achieved by giving them correct information on their rights and duties as workers. This information can be given by means of group presentations in the various workshops or on an individual level in formal docu-ments explaining all the rights, duties and conditions of work in a clear but detailed manner.

Workshop managers should possess special skills for evaluating development in the behaviour of inmates in the prison work environment, training skills as regards learning and maintaining basic work habits and skills to integrate offenders into the workshops, adopting the principles of productivity and quality of work.

It is recommended that prison work be given more so-cial recognition as a key factor for the social reintegra-tion of convicted offenders and to prevent further of-fences. To do this, products made by prisoners need to be promoted in the marketplace, with emphasis given to the fact that prison-workshop goods are of equal quality and equally competitive as those produced outside, with the added value of the social aspect and solidarity. This reinforces the validity of the re-socialisation purpose of prison work and helps to dispel the negative image that prison has in society.

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