Chapter 5 – Adult Custody and Security Operations

53140.9 Procedures for Terminating an Inmate who is Participating in the JVP

• Pursuant to Department Operations Manual (DOMDepartment Operations Manual) Section 53140.8, inmate employment is “at will” and as such, is at the complete discretion of the CDCRCalifornia Department of Corrections and Rehabilitation and the JVE, and may be lawfully terminated with or without cause, but not for unlawful reasons.

• If the inmate refuses to work, quits, or is removed from the JVPJoint Venture Program, he/she shall be immediately returned to their housing unit, temporarily unassigned, and referred to a classification committee for placement either on a facility waiting list, or if they refuse to work, in a non-credit earning group pursuant to CCRCalifornia Code of Regulations, Title 15, Section 3375. The JVPU must be notified as soon as possible of this termination.

• The JVE shall operate in a similar fashion as conducted outside of the prison. Should the JVE wish to terminate an inmate for work related reasons, the following procedures shall be followed:

  • The JVE shall inform the inmate-employee and Joint Venture Coordinator at the facility.

  • The inmate-employee shall be immediately removed from the JVPJoint Venture Program worksite and returned to his/her housing unit. The JVE shall complete a CDC Form 128-B, Chrono General.

  • The JVPJoint Venture Program Coordinator shall inform the JVPU of the termination by completing the CDCRCalifornia Department of Corrections and Rehabilitation Form 1873, Inmate-Employee Payroll Distribution – Joint Venture Program (JVPJoint Venture Program). If the inmate-employee has been accused of violating any section of the CCRCalifornia Code of Regulations related to the termination of his or her employment, then a CDC Form 115, Rules Violation Report, shall be completed by the JVE.