TITLE: EMPLOYEE – INMATE RELATIONS
ISSUE DATE: JULY 1, 2004
RESPONSIBLE AUTHORITY: DIVISION OF HUMAN RESOURCES
OPERATIONS MANUAL: ADMINISTRATION
SUPERSEDES: ADM-11.34 (April 1, 2003)
RELEVANT SCDC FORMS/SUPPLIES: None
ACA/CAC STANDARDS: 4-ACRS-7E-07, 3-4048
STATE/FEDERAL STATUTES: Section 44-23-1150, South Carolina Code of Laws, 1976, as amended
THE LANGUAGE USED IN THIS POLICY/PROCEDURE DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS POLICY/PROCEDURE DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENTS OF THIS POLICY/PROCEDURE, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.
PURPOSE: To ensure that employees conduct themselves in a reasonable and professional manner in their relationship with inmates and/or any other persons presently under the jurisdiction of the South Carolina Department of Corrections.
POLICY STATEMENT: To promote professionalism and to provide for a safe and secure working environment, Agency employees will be expected to exercise discretion and good judgment in their relationship with inmates and/or any other persons presently under the jurisdiction of the Department. Employees will be required to ensure that all interactions with inmates are in keeping with all applicable Agency policies/procedures, American Correctional Association Standards, and state and federal statutes. Employees will restrict contact with inmates to those areas that are part of their official position duties. Other matters outside of their official position duties should be referred to the person most appropriately responsible for the inmates' concerns or problems. See SCDC Policy/Procedure ADM-11.39, "Staff Sexual Misconduct with Inmates" for information regarding the Agency's response to illegal sexual misconduct. (4-ACRS-7E-07, 3-4048)
1. To uphold the professional working/living environment within the SCDC, employees will maintain a pleasant, but firm demeanor in their relationship with inmates and/or any other persons under the jurisdiction of the Agency. When an employee must discuss an inmate's problems with that inmate, the employee will exhibit a helpful, but professional attitude, and only try to solve problems/answer questions within the scope of his/her official position and duties. Matters that are outside of a specific employee's official duties will not be discussed, but will be referred to the appropriate source of help for information.
2. To promote the safety and security of SCDC employees, inmates, and the general public, an employee will not discuss personal matters or confidential Agency matters with inmates under the SCDC's jurisdiction. Such conduct will result in corrective action up to and including termination.
3. An employee will not date, marry, or otherwise develop a personal relationship with an inmate and/or any other person presently under the jurisdiction of the Agency. Such conduct may result in corrective action up to and including termination. Employees who are terminated for violation of this policy/procedure will be denied visiting privileges pursuant to SCDC Policy/Procedure OP-22.09, "Inmate Visitation." See SCDC Policy/Procedure ADM-11.39, "Staff Sexual Misconduct with Inmates" for information regarding the Agency's response to illegal sexual misconduct. Employees will not subject inmates to any form of sexual harassment or sexual abuse.
4. An employee will not subject an inmate and/or any other person under the jurisdiction of the SCDC to either physical or verbal abuse. Such conduct will result in corrective action up to and including termination.
5. No employee may perform personal services for inmates which are not in keeping with authorized Agency operations. Employees may not enter into a business relationship with inmates, the inmate's family, or anyone representing on behalf of the inmate, barter, trade with, sell to, accept gifts from or give gifts to, or buy items from inmates, family members of inmates, or persons representing/acting in behalf of inmates, to include business associates of inmates, except as may be authorized by advanced written approval of the Agency Director or by SCDC Policy/Procedure PS-10.06, "Inmate Hobbycraft Program."
6. Employees will not borrow or steal from inmates under the jurisdiction of the Agency, nor will they loan money or goods to inmates. Employees who violate these provisions will be subject to corrective action up to and including termination.
7. It is a criminal offense for any person to furnish or attempt to furnish an inmate any substance that has been declared contraband by the Agency Director; or to aid or assist in any manner the escape of an inmate; or to aid or conspire with an inmate in the commission of any other criminal activity. The Agency will terminate the employment of any employee committing such acts and will pursue prosecution, if appropriate.
8. During the November/December holiday season, work area supervisors may provide one light refreshment work break (i.e., punch and cookies, no meals) for their inmate workers. No food may be carried back to an institution or housing area. All events involving inmates during the holiday season must be approved by the respective Warden or Division Director.
Sexual Abuse – any act of a sexual nature that takes advantage of or exploits an inmate or sexual contact obtained by persuasion, inducement, enticement, compulsion, influence, encouragement, intimidation, seduction, use of authority, threat of harm or loss of privileges, promises, favoritism, coercion, force, etc.
Sexual Harassment refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where:
b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions or decisions regarding privileges or rights affecting the individual; or
c. Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive environment.
SIGNATURE ON FILE
s/Jon E. Ozmint, Director
ORIGINAL SIGNED COPY MAINTAINED IN THE DIVISION OF POLICY DEVELOPMENT.