28 C.F.R. § 345.10

Purpose and scope

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It is the policy of the Bureau of Prisons to provide work to all inmates (including inmates with a disability who, with or without reasonable accommodations, can perform the essential tasks of the work assignment) confined in a federal institution. Federal Prison Industries, Inc. (FPI) was established as a program to provide meaningful work for inmates. This work is designed to allow inmates the opportunity to acquire the knowledge, skills, and work habits which will be useful when released from the institution. There is no statutory requirement that inmates be paid for work in an industrial assignment. 18 U.S.C. 4126, however, provides for discretionary compensation to inmates working in Industries. Under this authority, inmates of the same grade jobs, regardless of the basis of pay (hourly, group piece, or individual piece rates) shall receive approximately the same compensation. All pay rates under this part are established at the discretion of Federal Prison Industries, Inc. Any alteration or termination of the rates shall require the approval of the Federal Prison Industries' Board of Directors. While the Warden is responsible for the local administration of Inmate Industrial Payroll regulations, no pay system is initiated or changed without prior approval of the Assistant Director, Industries, Education and Vocational Training (Assistant Director).

Notes of Decisions

Cited in 10 cases, 1985–2019 · leading case: United States v. Jose Pacheco-Alvarado, 782 F.3d 213 (5th Cir. 2015).

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United States v. Jose Pacheco-Alvarado, 782 F.3d 213 (5th Cir. 2015). · cites it 2× “28 C.F.R. § 345.10 . “Approximately 16% of work-eligible 7 Case: 13-31083 Document: 00512986527 Page: 8 Date Filed: 03/30/2015 Nos.”

Loren Bagola v. Thomas Kindt, 131 F.3d 632 (7th Cir. 1997). “See 28 C.F.R. §§ 345.10 -.50. Bagóla worked as a “card fixer” in the penitentiary factory’s Card and Spin Department, which produced wool blankets.”

Galvan, Gilbert W. v. Fed Pris Indust Inc, 199 F.3d 461 (D.C. Cir. 1999). “§ 9101; 28 CFR § 345.10 (1999). But the suit had been brought in the name of the government, 31 U.”

Walton v. United States, 80 Fed. Cl. 251 (Fed. Cl. 2008). “The statutes that mandate inmate work programs are the bases for the implementing regulations, see 28 C.F.R. §§ 345.10 , 545.20, which in turn provide the bases for the Program Statement.”

Douglas COUPAR, Petitioner, v. UNITED STATES Dep't OF LABOR; Fed. Prison Indus. (UNICOR), Respondents, 105 F.3d 1263 (9th Cir. 1997). “§ 4121 , whose purpose is to provide work to inmates confined in federal institutions, see 28 C.F.R. § 345.10 . FPI is authorized, but not required, to pay the inmates it employs.”

Gilliam v. Quinlan, 608 F. Supp. 823 (S.D.N.Y. 1985). “(referred to as “UNICOR”), see 28 C.F.R. § 345.10 , and apparently has no specific applicability to other inmates.”

Nicastro v. Clinton, 882 F. Supp. 1128 (D.D.C. 1995). “28 C.F.R. § 345.10 (1994). Its statutory mandate limits FPI to providing products to federal penal and correctional institutions and to other federal departments and agencies, but not for sale to the public.”

Oliver Thomas v. Joey Paul & M. Vigneault, 2019 DNH 153 (D.N.H. 2019). “§ 4126 (c)(4); 28 C.F.R. § 345.10 . Pursuant to that authority, the BOP regulates the inmate work program within each of its institutions.”

Thomas v. FCI Berlin, Warden (D.N.H. 2019). “§ 4126 (c)(4); 28 C.F.R. § 345.10 . Pursuant to that authority, the BOP regulates the inmate work program within each of its institutions.”

Raine v. Bureau of Prisons, 989 F. Supp. 1373 (D. Kan. 1997). “The Attorney General has promulgated rules and regulations establishing inmate pay by the FPI as codified in 28 C.F.R. § 345.10 -.23 (1994). 3 Section 345.”

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