What is a Public Works Assignment?
A supervised offender work assignment off Department grounds, sponsored by a qualified public or non-profit agency.
What is a Gate Pass Assignment? A supervised offender work assignment on Department grounds, but outside the security perimeter of a facility. However, assignments to the Michigan State Industries laundry and meat processing plant in Jackson are not considered gate pass assignments.
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How do prisoners qualify for a Public Works Assignment?
Security Level I prisoners housed in facilities approved by the CFA Deputy Director,and prisoners and parolees housed in TRVs, may be classified to a public works or gate pass assignment if they meet all of the following criteria:
- Not serving for, or have a history of, arson behavior, unless the arson was committed for profit (insurance fraud). However, offenders serving for, or having a history of, arson behavior considered to be a thrill type of offense (pyromania) are not eligible.
- Not been found guilty of a non-bondable major misconduct which occurred while on any previous public works, work-pass or gate pass assignment, unless approved by the appropriate Deputy Director of designee.
- Not currently serving on an escape sentence or been found guilty of a major misconduct for escape or attempted escape during a sentence for which the prisoner is still serving.
- If serving for an offense identified as a violent or assaultive offense in Administrative Rule 791.4410(1)(l), including attempt of conspiracy to commit the offense, has served at least one-half of the minimum sentence and is within 12 months of the Earliest Release Date, ERD. However, if sentenced as a habitual offender for an offense identified in Administrative Rule 791.4410(1)(l), the prisoner is not eligible.
- If serving for an offense not identified as a violent or assaultive offense in Administrative Rule 791.4410(1)(l), are within three years of the ERD.
- Not serving for, or having a history of, a sexual offense or any offense which involved a sex offense.
- Not a very high or potentially very high assaultive risk pursuant to PD 05.01.135 "Statistical Risk Screening".
- No pending felony charge or immigration detainer.
- No physical/mental condition inconsistent with the demands of the assignment.
- No conviction for a felony or misdemeanor which occurred while on a previous public works, work-pass or gate pass assignment.
- Not serving a life sentence.
- If serving a sentence under the Felony Firearm Law (MCL 750.227b), are within one year of the calendar release date.
- No documented objection to placement in the community from a local official or unusual notoriety surrounding the current offense.
- Demonstrated a willingness to conform to the rules and regulations of the assignment, as determined by the Warden or Field Operations Administration (FOA) Regional Administrator, or designees.
- Meet additional criteria determined by the Warden or FOA Regional Administrator, as appropriate, and set forth in facility operating procedures.
A CFA prisoner need not meet the requirements set forth in numbers 1 through 4 once a positive parole action is received.
Offenders who meet all applicable criteria set forth above may be denied or delayed assignment by the appropriate Warden or FOA Regional Administrator, or designee, following a review of the overall adjustment and criminal history of the offender.
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