28 C.F.R. § 545.23

Inmate work/program assignment

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(a) Each sentenced inmate who is physically and mentally able is to be assigned to an institutional, industrial, or commissary work program. Exception shall be made to allow for inmate participation in an education, vocational, or drug abuse treatment program, on either a full or part-time basis, where this involvement is mandated by Bureau policy or statute (for example, the Literacy Program). Where such participation is not required by either policy or statute, exception may be made to allow an inmate to participate in an education, vocational, or drug abuse treatment program rather than work full-time upon the request of the inmate and approval of the Warden or designee.

(b) A pretrial inmate may not be required to work in any assignment or area other than housekeeping tasks in the inmate's own cell and in the community living area, unless the pretrial inmate has signed a waiver of his or her right not to work (see 28 CFR part 551, subpart J).

(c) Medically unassigned inmates may be required, to the extent medically possible, to perform housekeeping tasks in the inmate's own cell and in the community living area.

(d) In making the work and/or program assignment(s), staff shall consider the inmate's capacity to learn, interests, requests, needs, and eligibility, and the availability of the assignment(s). An inmate's assignment shall be made with consideration of the institution's security and operational needs, and should be consistent with the safekeeping of the inmate and protection of the public.

[49 FR 38915, Oct. 1, 1984, as amended at 61 FR 379, Jan. 4, 1996]

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1992–2023 · leading case: Charles Mack v. John Yost, 968 F.3d 311 (3rd Cir. 2020).

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Charles Mack v. John Yost, 968 F.3d 311 (3rd Cir. 2020). “See 28 CFR § 545.23 (detailing the guidelines and policies for prison work assignments).”

McGarry v. Pallito, 687 F.3d 505 (2d Cir. 2012). “” 28 C.F.R. § 545.23 (b). 6 . Although defendants' (12)(b)(6) motion to the district court argued that McGarry’s work was voluntary, they did not pursue this argument on appeal.”

United States v. Luis Sanchez-Estrada & Federico Vargas, 62 F.3d 981 (7th Cir. 1995). “28 C.F.R. § 545.23 (d) provides: In making the work and/or program assignment(s), staff shall consider the inmate’s capacity to learn, interests, requests, needs, and eligibility.”

Martinez v. Turner, 977 F.2d 421 (8th Cir. 1992). “28 C.F.R. § 545.23 (b) (1991). The mandatory language of this regulation may give rise to a predictable liberty interest.”

Dorsey v. United States of Am. (M.D. Penn. 2023). “28 C.F.R. § 545.23 . Ordinarily, a normal workday consists of a minimum of a seven-hour day.”

United States v. Coleman, 276 F. App'x 766 (10th Cir. 2008). “See 28 C.F.R. § 545.23 . In addition, the regulations require the BOP to make reasonable accommodation for inmates with disabilities.”

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