103 C.M.R. 464.09 – General Rules

(1) An inmate participating in a work release program remains in the Department’s custody and is subject to the Department’s rules and regulations, as well as those of the facility/institution where he or she is incarcerated, during the period of his or her participation in the program.
(2) Inmates participating in work release programs may be incarcerated in state correctional institutions, county correctional facilities, or community contract beds, subject to approval by the Commissioner.
(3) No inmate shall be assigned to employment in the performance of a federal contract unless the following terms and conditions of United States Executive Order #11755, December 29, 1973, as amended by United States Executive Order #12608, September 9, 1987, and United States Executive Order #12943, December 13, 1994 are met:
1. (a) The inmate is paid or is in an approved work training program on a voluntary basis;
2. (b) Representatives of the involved local union central bodies or similar involved labor union organizations have been consulted;
3. (c) Such paid employment shall not result in the displacement of employed workers, or be applied in skills, crafts or trades of which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and
4. (d) The rates of pay and other conditions of employment shall not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed.
5. (e) The United States Attorney General has certified that the work release laws and/or regulations of the Commonwealth are in conformity of the aforementioned United States Executive Orders.
(4) Prior to hiring, each inmate shall inform his or her employer or prospective employer that he or she is in a work release program of the Department.
(5) An inmate may not be hired or assigned at a work place where there exists any strike or work stoppage arising from a labor dispute of any kind.
(6) The rates of pay and other conditions of employment for an inmate participating in work release programs shall be the same as those paid or required in the locality in which the work is performed, provided that no inmate employed by an agency of the Commonwealth shall be subject to M.G.L. c. 30, §§ 9A and 9B or c. 31.
(7) The Superintendent or designee shall approve Community Release Permits via the designated IMS screens prior to any work related release.