FSH 1809.12 - JOB CORPS CIVILIAN CONSERVATION CENTER HANDBOOK 1/83 WO AMENDMENT 1 160 - INCENTIVES PROGRAM (20 CFR 684.77) 160.2 - Objective. The purpose of the Job Corps incentives program is to motivate corpsmembers to: 1. Work to achieve educational and vocational objectives. 2. Remain in Job Corps until maximum benefits have been attained. 3. Participate in activities which strengthen citizenship and leadership qualities. 4. Cooperate with staff and fellow corpsmembers to improve overall center life. 5. Modify adverse attitudes, values, and behavior patterns. 6. Obey rules of the center. 160.3 - Policy 1. Each center shall establish and maintain a structured incentives system which shall be described during corpsmembers' orientation as well as in the center-developed corpsmembers' handbook. The system must ensure that the awards policies of all center departments are consistent. (Ref. ETH 40E) 2. Representatives of the corpsmember government should be included on award panels, participate in awards ceremonies, and be consulted on policy decisions affecting the incentives system. They are to play a leading advisory role in developing, operating, and evaluating the incentives system. 3. Corpsmembers shall be awarded tokens of recognition. These may be (1) certificates or badges of merit, prizes, or trophies, (2) raises or promotions, (3) increased responsibilities and opportunities for leadership positions, and (4) more freedom, such as minimal staff supervision, increased privacy, pass privileges, and less restrictive curfews. 4. In granting awards, the concept of competition should not be overemphasized. Incentives should be geared not only to achievement but also to individual effort and length of stay so that advancement is not limited to high achievers. Differences in capabilities must be taken into account since a small gain by one individual will often be more significant than a much larger achievement of another. Competition should be on a voluntary basis only. 5. Promotions should be granted when corpsmembers demonstrate sustained satisfactory performance in all program areas or demonstrate considerable progress in any one area. Centers are to maintain a system of promotions (defined specifically as increases in allowances) for corpsmembers meeting reasonable criteria of length and quality of participation (See ETH 630). 6. A system should be provided for special awards, prizes, trophies, and certificates for outstanding achievement in specific areas. All center program areas are eligible for incentive awards. 160.4 - Responsibility Center Directors are authorized to determine situations and conditions under which they will recognize outstanding corpsmembers by presenting special awards. They will be assisted in their determinations by corpsmembers. 161 - Special Achievement Awards Awards of this category should be considered only for outstanding achievement. Examples are: 1. Rapid progress in math or reading. 2. Attainment of extraordinary skills in vocational training classes. 3. Gaining a position of outstanding responsibility in Student Court, Congress, or Government. 162 - Prizes and Awards for Games and Contests Prizes and trophies for games and contests (including athletic competition) may be awarded, subject to the following conditions: 1. Participation in the games or contests for which prizes or trophies are awarded is limited to corpsmembers. 2. Undue or disproportionate emphasis should not be placed on the prizes or trophies as the principal motivating factors and objectives of the games and contests. 3. Prizes and trophies cannot be cash or any item prohibited by law, including the law of the State where the center is located. 4. The prizes and trophies awarded should be of nominal or symbolic value (cost not to exceed $10) and should be awarded as a part of a total annual awards program. 5. Prizes and trophies may be procured from the corpsmember welfare fund (nonappropriated) upon proper coordination and approval of corpsmembers's government and the Center Director, or from contributions by center personnel or other personnel or organizations. In the case of contributions from non-center personnel, care should be exercised to avoid any evidence of commercial partiality to a donor. Prizes may also be purchased with center operation funds. 163 - Awards Ceremonies Centers should plan awards ceremonies to grant recognition on a center-wide scale. Events marking completion of various phases of enrollment, such as graduation exercises, are important awards ceremonies. 164 - Job Corps Hall of Fame The Job Corps Hall of Fame provides a method of recognizing those corpsmembers currently in the program and those former corpsmembers who have so distinguished themselves by significant or outstanding achievements which merit national recognition. 1. Eligibility. To be eligible for election to the Job Corps Hall of Fame, a corpsmember must meet the following criteria: a. Must have participated in the Job Corps program for at least 90 days. (Exception to this criterion will be considered.) b. Must have done something which can be defined as an outstanding achievement or a significant accomplishment. 2. Procedures. Nominations may be made by anyone having knowledge of corpsmembers or former corpsmembers eligible for consideration. Recommendations will be submitted to the Job Corps regional office and will contain the following information: a. Name and Social Security number of the candidate. b. Current address. c. Job Corps center assignment. d. Period of enrollment. e. Vocational training received: Graduate/Nongraduate. f. Date of achievement for which corpsmember has been nominated. g. Justification for recommendation, including appropriate supporting documents. 3. Job Corps Regional Office The Job Corps regional office will appoint a review committee to review and evaluate recommended candidates and will select qualified candidates. 4. National Office Responsibility A Job Corps Hall of Fame Selection Committee will review all regional office nominations and select those nominees considered qualified for election to the Job Corps Hall of Fame. This committee will meet semiannually, during June and December, or at the call of the Director, Job Corps. Presentation of awards will be made at the Job Corps national office, Washington, D.C. The regional office will arrange for transportation of elected nominees. (Travel authorization will be issued for this purpose by the Job Corps national office.) They will also advise the elected candidates and the persons who recommended them of their election to the Hall of Fame. 5. Location of Hall of Fame The Job Corps Hall of Fame will be located in the Director's reception office and will consist of a wall plaque to which brass plates engraved with the names of "Hall of Famers" will be added as they are elected. A book listing corpsmembers or former corpsmember elected to the Hall of Fame including their achievements will be located at the base of the wall plaque. 6. Elected Individuals Individuals elected to the Hall of Fame will be presented an appropriate award and a certificate of admission. Regional nominees not elected will be furnished an appropriate certificate by the Director, Job Corps, in recognition of their accomplishments. These certificates will be forwarded to the Job Corps regional office for presentation. 7. Public Relations Support The national office will provide maximum publicity for the selection of individuals to the Hall of Fame and subsequent presentation of awards. 170 - DISCIPLINARY PROGRAM A thorough knowledge of the provisions of ETH 370 is necessary for proper administration of the disciplinary program. Since Job Corps was established to assist young people to become more responsible, employable, and productive citizens, the disciplinary program should be designed to develop the values of self-discipline, respect for others and a sense of responsibility in all corpsmembers. Disciplinary measures described herein are therefore corrective rather than punitive in nature. (See ETH 370 and 20 CFR 684.96). The Job Corps national office defines the general policy for the development and administration of center programs relating to behavior and conduct, and sets the regulation involving discharge from the Job Corps. The Job Corps regional offices are responsible for administrative review and maintenance of disciplinary discharge cases and will hear all appeals in the discharge system. The Center Director is responsible for developing reasonable rules which can be consistently enforced and obeyed by both corpsmembers and staff. He will appoint a Center Review Board to review serious cases of disciplinary infractions and to recommend penalties in accordance with Job Corps guidelines. Since voluntary compliance with center rules is more likely to result if corpsmembers help make the rules, the corpsmembers should have a major role in establishing these rules and in determining appropriate sanctions. Procedures by which corpsmembers can initiate modifications of existing rules and sanctions and develop new ones shall be defined and explained in the Center Handbook. The complete procedural requirements for disciplinary penalties and disciplinary termination are contained in ETH 370. 170.3 - Policy on Law Enforcement and Legal Services for Corpsmember. (See also Sections 123 and 132.) It is Job Corps policy to provide corpsmembers facing criminal proceedings with effective and competent legal representation, and to attempt to maintain friendly and cooperative relations with law enforcement agencies, including prosecuting attorneys and courts. In addition, the procedures set forth herein will, if carefully observed, minimize the number of cases dismissed because of illegally obtained evidence or because of other procedural irregularities. It is also Job Corps policy that bail will be furnished within limits stated herein at the Corpsmember's expense, for any corpsmembers detained on criminal charges; and that, when a corpsmember is fined by a court, the Center Director will attempt to arrange with the court for payment of the fine in manageable installments or otherwise attempt to facilitate payment of the fine in order to avoid unnecessary incarceration. 170.31 - Relations with Law Enforcement Officials. Some centers are subject to exclusive Federal law enforcement jurisdiction, some are subject to exclusive State jurisdiction, others are subject to concurrent State and Federal law enforcement jurisdiction. In addition, even on centers subject to exclusive Federal jurisdiction, State criminal laws may apply to on-Center incidents because of the Assimilated Crimes Act. Off-center incidents will usually be subject to State jurisdiction. Accordingly, the public officials concerned with the possible criminal conduct of corpsmembers at the center will normally include the police and prosecuting attorneys from the municipality, county, and State in which the Center is located, as well as the United States Attorney for the Federal Judicial District in which the Center is situated. Each Center Director shall discuss law enforcement problems pertaining to the center with appropriate State, local, and Federal law enforcement officials. During these discussions an advance reporting arrangement should be agreed upon and the Enrollee Support Division apprised of these arrangements. These discussions and the resulting agreement are essential not only for the protection of Job Corps and the law enforcement officials involved but ensure, as well, the orderly processing of criminal offenses in accordance with local standards and Constitutional mandates. In most instances, the law enforcement agency designates certain minor offenses that can best be handled administratively by the Center Director, in lieu of criminal prosecution of the corpsmembers. 1. The agreement should provide that: a. Police officials will be alerted to those serious offenses committed on the center site which must be reported. (Crimes of violence will be reported, including any serious assault by one corpsmember upon another, unless local enforcement officials specifically request otherwise). b. The Center Director will be notified whenever a corpsmember is arrested while away from the Civilian Conservation Center. c. An emergency back-up capability is assured the center to provide adequate security protection when needed. d. Procedures will be established for the processing of complaints by corpsmembers of police mistreatment and remedial action taken when needed. e. Procedures will be established to be followed by center officials when they find evidence of crime in the course of a search conducted without a warrant, as set forth in sec. 147.33. These may include posting a guard while a law enforcement official is dispatched. 2. In addition, the agreement may provide for: a. Procedures for search, seizure, and the investigation of reportable criminal offenses which occur on-center. b. Procedures for the release of corpsmembers to center officials for disciplinary action when corpsmembers are involved in minor offenses off-center. In cases where State and Federal governments have concurrent jurisdiction over a Job Corps site, the Federal Government generally defers to the State. Whenever possible, the question of jurisdiction should be clarified in advance. 171 - Reporting Requirements 171.1 - Report FS-1800-AA, Serious Incidents Report (ETH 337-II, 3, D; 20 CFR 684.133; Job Corps Bulletin 83-11). 171.2 - Corpsmembers on Probation or Parole (See 20 CFR 684.133). The Job Corps is obligated by law to see that enrollment in the Job Corps and transfer from State juris- diction does not violate State or local probation and parole requirements. 171.21 - Notification If a Corpsmember Has Not Been Released from Probation or Parole (including if the Corpsmember has been suspended from probation or parole during enrollment). The Center Director must notify the youth's probation or parole officer of the following events: 1. Corpsmember's arrival at the center. 2. Corpsmember's reassignment to another center, including date of reassignment and address of new center. 3. Corpsmember's arrest, conviction, or both, when required by item 16, JC Form 7. 4. Corpsmember's absence without official leave and return therefrom. (See Section 181.5). 5. Notification, in advance, of the termination of the Corpsmember's enrollment. 6. A progress report on the youth, if required by the conditions for probation or parole and if a specific request for each report is received by the center. Procedures. The Center Director shall: 1. Review the records of each newly assigned or transferred corpsmember to see if a Form MA 6-55, Court Statement, is included. (Form MA 6-55 should be included if item 41 of Form MA 6-52, Corps Data Sheet, shows the youth to be in Category 2 or Category 1 with waiver requested.) If "Notice of Court Representative" is stamped on Form MA 6-55, this signifies that the regional office has sent the court representative a form postcard notifying that the youth has been accepted for enrollment and of the center of assignment and scheduled departure date. 2. Review item 16 of Form MA 6-55. If the court has agreed to release the youth from probation/parole prior to enrollment, the center is relieved from all notification and report requirements. If the court has not agreed to release the youth from probation or parole, the center is required to send the notifications and progress reports specified. 3. In all cases, check item 17 to determine whether the court requires the youth to be sent home upon termination of enrollment. 171.3 - Alleged Criminal Action Reports are required when a corpsmember is arrested, taken into custody, or is otherwise facing criminal prosecution. Because of their personal and confidential nature, these reports should be transmitted only by Center staff personnel and not by corpsmembers. All reports must be made by TWX, even when the information is conveyed initially by telephone. 1. Make an immediate report of the incident to inform the Regional Job Corps Administrator and the Chief of the Forest Service of the nature of the incident and who was involved. Parents, screeners, and probation officials, when appropriate, also should be advised when an arrest is made. 2. The Center Director will make interim or supplemental reports as requested or as additional information is obtained informing the Regional Job Corps Administrator and the Forest Service of the following facts, complete with details: a. Name, Social Security number, age, and date of enrollment of the corpsmember involved. b. Nature, place, date, and time of alleged crime, and whether a misdemeanor or felony. c. Name, address, and telephone number of attorney selected, and how secured (for example, corpsmember permis- sion, court appointed). d. If no attorney is secured, reason and action being taken by center. e. What bail or bail bond premium is necessary for release, and amount of money in corpsmember's readjustment allowance. f. Estimate by attorney of legal fees in accordance with established rates. g. Date on which legal services are first rendered. h. Present physical location of corpsmember. i. Community reaction. 3. The Center Director shall make a third report informing the Regional Job Corps Administrator and the Forest Service of the disposition of the case by the court. Parents, screeners, and probation officials, where appropriate, should be notified of the disposition of the case. In addition to the reports required above, interim status reports shall be submitted on a monthly basis in all cases which have not been resolved after 90 days. These reports will show the date of arrest, the status and location of the corpsmember, the status of the court case and any significant developments relating to the case that have occurred since the last report. 172 - Actions When Corpsmembers Arrested 172.1 - Arrests Distant from the Center. When a corpsmember not exempted by the provisions of the 20 CFR 684.91 is arrested at some point distant from the center and it is not feasible for the Center Director to arrange for the provision of legal representation and bail, the Center Director should immediately notify the Job Corps Regional Office so appropriate measures may be taken to furnish legal counsel and, if required, bail. Job Corps headquarters, Enrollee Support Division, will locate an attorney and will notify the center. Once an attorney is located and the center notified, the Center Director will deal with the attorney directly, as if the corpsmember were still at the center. 172.2 - Bail. It is Job Corps policy to assist corpsmembers to obtain pretrial release from detention in view of their youth, the presumption of innocence, and the undesirable conditions which exist in many local jails and detention facilities. Under no circumstances may a Center Director use public jails or detention facilities as a center imposed disciplinary sanction. The attorney representing a corpsmember shall attempt to have the corpsmember released on his recognizance, whenever possible. When bail is required, a bail bond can usually be obtained through a commercial bondsman for a premium of 10 percent of the amount of the bail set by the courts. (Job Corps will not honor indemnity agreements). Regardless of how short a period of time a corpsmember has been enrolled in Job Corps, the Center Director is authorized to advance funds up to $50 to post cash bail or to purchase a commercial bail bond when requested to do so by a corpsmember. Before advancing funds in excess of $50 for this purpose, the Center Director must obtain the approval of the Department of Labor Regional Office. Before the advance is made, the corpsmember must agree to reimburse the Government in the amount of the advance and must promise to abide by the conditions of bail established by the Court. When funds are advanced for this purpose, the Center Director shall submit a Job Corps Form 12 to the Finance Center immediately showing the amount of the advance so that the Government may be reimbursed by deductions from the Corpsmember's allowance. 172.3 - Situation of Corpsmember While Awaiting Trial. When released on bail, a corpsmember will ordinarily return to the center while awaiting trial. However, if the Center Director believes it will not be in the best interest of the corpsmember, the center, or Job Corps, this may be communicated to Job Corps headquarters (Enrollee Support Division) to obtain authority to (1) transfer the corpsmember to another center or (2) to send the corpsmember home (or some other suitable place) on administrative absence with allowance. In some instances, it may be necessary to retain the corpsmember in the court's geographical jurisdiction. If the Center Director deems it inadvisable to return him to the center, he may make appropriate arrangements to keep the corpsmember under Job Corps supervision and control pending trial at some place near the center, such as nearby motel for a reasonable period of time, normally not to exceed two weeks. When the corpsmember fails to abide by the conditions of his bail, the Center Director will report his mis- behavior to the appropriate law enforcement or court officials. 172.4 - Payment of Fines Imposed by Courts. When a corpsmember is fined by a court of competent jurisdiction, the Center Director should attempt to make an arrangement with the court for payment of the fine by the Corpsmember in manageable installments. Fines should be construed to include court costs. If satisfactory arrangements cannot be made for the corpsmember to pay the fine out of the semimonthly living allowance, the Center Director is authorized to advance the amount of the fine, chargeable against the corpsmember's living allowance to the Court when requested to do so by the corpsmember. However, the Center Director must obtain the approval of the Enrollee Support Division (1) before advancing funds in excess of $50 for this purpose, or (2) if the corpsmember has been in Job Corps less than 30 days, or (3) when the corpsmember has received a previous advance for this purpose. When an advance from the living allowance has been made, the Center Director shall complete and submit to the Finance Center either: 1. JC Form 12, if the corpsmember is to be retained in the Job Corps for deduction of the advance from the living allowance. 2. Form MA 6-61, if the corpsmember is to be separated, so that the advanced fine may be deducted from the corpsmember's final living and readjustment allowances. When a corpsmember is jailed or about to be jailed because no funds are available to pay a fine in cash and a satisfactory arrangement for paying the fine in manageable installments cannot be made, the Center Director shall notify the Enrollee Support Division of the situation immediately. When in connection with a criminal offense the court orders restitution in lieu of a fine or imprisonment, the corpsmember will be permitted, at his option, to draw upon any accumulated allowances to pay for such restitution. Whenever a fine has been paid, the court receipt should be attached to the reimbursement voucher, SF-1129, and submitted to the Finance Center as proof of payment of the fine. The Finance Center will then reimburse the center and deduct the amount remitted from the corpsmember's allowance. 172.41 - Refusal or Inability of Corpsmember to Pay a Fine. If a corpsmember elects to serve time in jail rather than pay a fine, the Center Director shall respect his wishes. However, the Center Director must be assured that the corpsmember understands the consequences of his decision. During the time that any corpsmember spends in jail to serve out his punishment, he shall be placed in administrative absence status. No pay or allowances will accrue to him during this time. If the corpsmember elects or is required to stay in jail for a period of more than 30 days, the Center Director shall forward to Job Corps Regional Office, Enrollee Support Division, his decision as to whether the corpsmember will be retained in the Job Corps. (ETH 370). 172.5 - Option to Assess Charges Against Readjustment Allowances. When a JC Form 12 is received at the Finance Center which shows that a reimbursable advance has been made by Job Corps on behalf of a corpsmember for attorney fees, bail or bail bond premiums, civil fines or court order restitution, the Finance Center immediately begins to make deductions from the corpsmember's living allowance to reimburse the Government. While deductions continue, the corpsmember will receive a minimum of l/2 of authorized living allowance each pay period until the Government has been reimbursed the full amount of the advance. The Center Director may designate on the JC Form 12 that the Government be reimbursed the amount of the advance from the corpsmember's readjustment allowance when the corpsmember has fulfilled his length of stay commitment and has accrued an unencumbered readjustment allowance at least equal to the amount of the advance. Center Directors are encouraged to use this option in appropriate cases to relieve financial pressure on corpsmembers and thereby eliminate dropouts and other problems resulting from the lack of spending money. 173 - Search and Seizure 173.03 - Policy. It is Job Corps policy to protect the constitutional rights of corpsmembers, including the right to protection against unreasonable searches and seizures of persons, houses, papers, and effects. While the law makes a clear distinction between searches for evidence of crime and administrative searches where no criminal prosecution is contemplated, the Job Corps is concerned from both a programmatic and a legal standpoint, with the human respect extended to corpsmembers when their privacy is intruded upon for any reason. From this viewpoint, a corpsmember has a reasonable expectation of privacy with respect to his/her person and the place where personal belongings are kept and the place where corpsmembers sleep. Accordingly, intrusions should not be taken lightly. This section provides center staff and security personnel instructions for applying these principles to the Job Corps setting without unduly hampering center administration. 173.03a - Notice of Center Rules and Regulations Pertaining to the Possession of Unauthorized Goods. At initial orientation and periodically during each calendar quarter, corpsmembers shall be given notice of the following: 1. What constitute unauthorized goods. 2. Unauthorized goods may be voluntarily surrendered to center staff at any time without administrative penalty by Job Corps. If possession of the unauthorized goods is a crime, such goods shall be turned over to the appropriate law enforcement official for appropriate action. 3. Job Corps policy and center regulations pertaining to unauthorized goods shall be strictly enforced. 4. Possession of such goods may result in center disciplinary action and if possession is a crime, the matter will be referred to the appropriate law enforcement officials. 5. The center staff may conduct announced inspections to make certain that Job Corps policies pertaining to unauthorized goods and center health and safety regulations are being observed. 6. Carrying or possessing firearms on an air carrier is a Federal crime. 173.05 - Definition of Search and Seizure of Unauthorized Goods in Possession of a Corpsmember. The possession of unauthorized goods shall not be permitted at Job Corps centers or Job Corps- sponsored activities. 173.05a - What Constitutes Unauthorized Goods. The following goods are unauthorized: 1. Firearms and ammunition. 2. Explosives and incendaries. 3. Knives with blades longer than 2 inches. 4. Homemade weapons. 5. All other weapons and instruments the primary use of which is to inflict personal injury. 6. Stolen property. 7. Marijuana and other controlled substances. All drugs and narcotics including barbiturates, amphetamines, LSD, heroin, cocaine, and drug paraphernalia except when prescribed by a medical doctor. 8. Alcoholic beverages. 9. Any other items that are illegal under State or Federal law for enrollees to have on the center or otherwise possess. In addition to these items, the Center Director may establish rules regulating the possession of certain foods, perishable goods, combustible materials, and other similar items at the center and may designate these items as unauthorized. 173.1 - Corpsmembers' Storage Areas. Upon arrival at the center, each corpsmember shall be assigned a place to keep clothing and personal effects. This may be a closet, a wall locker, a footlocker, or a chest of drawers. The assigned facility, along with the corpsmember's bed and personal storage containers, such as suitcases, should not be searched except as provided herein. 173.2 - Types of Searches. Center officials may conduct four general types of searches: (1) administrative searches to ensure compliance with regulations; (2) emergency searches for weapons; (3) searches for evidence for use in center disciplinary proceedings; and (4) searches for evidence of crime for use in criminal proceedings. (See following paragraph.) The types are distinguished from each other by the motive or primary reason for the search. When the primary reason for the search is to obtain evidence of crime, center officials are directed to follow exactly the procedures for that type of search and not use other procedures for convenience or as a subterfuge, because the evidence obtained by other procedures will probably not be admissible in a court of law. When searches of the type described in sec. 173.21 - 173.23, result in the discovery of evidence of a crime that may be used in a criminal prosecution, action should be taken in accordance with agreement with local law enforcement officials (sec. 170.31). In no case may the scope of a search conducted under sections 173.21 - .23 exceed that which is reasonable to accomplish its purpose. 173.21 - Administrative Searches. (Inspections) The Center Director may conduct inspections, announced a reasonable time in advance, of the corpsmembers' sleeping quarters and private places on a routine or intermittent basis. Unauthorized goods discovered during such inspections shall be confiscated and disciplinary action may be taken against offending corpsmembers. 173.22 - Emergency Searches for Weapons. When the Center Director has reason to believe an outbreak of violence is imminent, he may conduct an emergency search for weapons, incendiaries, or other instruments of destruction and seize any such items found. He should request law enforcement officers to assist him in his effort unless impractical to do so. 173.23 - Searches for Evidence for Use in Disciplinary Procedures. The Center Director may conduct a search of a corpsmember's assigned area or storage place for evidence for use in center disciplinary proceedings when probable cause exists to believe such evidence might be found and when the Center Director has issued a Certificate of Search (Exhibit 1). No certificate or other authority is needed to seize unauthorized goods "in plain view" for example, on a table, bed, or in a public place. Probable cause to conduct this type of search may be based upon: a. Actual knowledge from personal observation. b. A report from a reliable informant. c. Any other facts or conduct which would indicate to a reasonable person that the corpsmember has unauthorized goods or other evidence in his or her possession or control. Exhibit 1 CERTIFICATE OF SEARCH I, the undersigned, an Official of Job Corps Center, hereby authorize staff members in order to enforce discipline at the center, to conduct a search of (describe area) and to seize the following items if found I have probable cause to believe that the above described items are presently at the above described place, based upon the following facts: DATE NAME TITLE 173.24 - Searches for Evidence of Crime. When the primary reason for the search is to obtain evidence for use in a criminal prosecution, the safest procedure is to have the search conducted by a law enforcement official with a search warrant. In some instances, law enforcement officials may conduct a search in conjunction with valid arrest. There are limitations on such searches which law enforcement officials can be expected to know. Searches for evidence of crime conducted without a search warrant or by a person who is not a law enforcement official are risky. The admissibility of such evidence in court will depend upon the reasonableness of the search under all the circumstances. The basic rule is that, whenever criminal prosecution is a likely sequel to a search, and no danger to the physical well-being of Corpsmember will result from the delay required to obtain a search warrant, seek the assistance of law enforcement officials from the start. In particular, when the Center Director suspects the presence or use of narcotics, marijuana, or other dangerous drugs, he should discuss the situation with the appropriate Regional Director of the Drug Enforcement Administration (sec. 80, item 6) before taking any action. 173.25 - Bodily Searches. The rules for searching assigned places apply to searches of the corpsmember's person. Wholesale "frisking" of corpsmembers as a routine procedure is strictly prohibited. However, any staff member who has a reasonable belief that a corpsmember may have a dangerous weapon concealed on his or her person and may use the weapon to injure any person, may search the corpsmember for weapons and immediately confiscate any weapons found. If practical, such search for weapons should be conducted by law enforcement officers. 173.3 - Disposal of Unauthorized Goods. Unauthorized goods confiscated by law enforcement officials will be disposed of in accordance with their established policies and procedures as prescribed by law. Stolen property shall be returned to its rightful owner. Unauthorized goods confiscated by the Center Director shall be disposed of as follows: 1. Narcotics shall be surrendered to the Law Enforcement Agency authorized by the county, State, or U.S. Attorney. 2. Confiscated weapons shall be reported to the GSA Regional Office or the GSA Area Utilization Officer, who will issue instructions for disposition. The Center Director will maintain a list of weapons reported to GSA, giving the corpsmember's name, Social Security number, the type or make of the weapon, and, if it is a gun, the serial number. The corpsmember shall be given a receipt showing owner, serial number, type, make and model of weapon. 3. Unauthorized goods (other than stolen property and narcotics) that are voluntarily surrendered by a corpsmember should not be reported to GSA, but remain the property of the corpsmember. If possession of such unauthorized goods is a crime, such goods shall be turned over to the appropriate law enforcement officials for action. If possession is not a crime, the center director will at his discretion, return the weapon or unauthorized goods to the corpsmember's home at the corpsmember's expense or have them held for the corpsmember at the center. The letter forwarding the goods to the corpsmember's home should explain that the goods are unauthorized possessions and have been voluntarily surrendered by the corpsmember for shipment home. However, if a weapon surrendered is of a type which requires registration or special permit in the State where the center is located, the advice of local law enforcement officials regarding disposition should be followed. f173.4 - Interrogation of Corpsmembers. It is the law that when, in the course of investigating a reportable criminal offense, the investigators begin to focus attention upon a particular corpsmember or group of corpsmembers as prime suspects, such corpsmember or corpsmembers shall not be questioned further except by appropriate law enforcement officials who will inform them of their constitutional rights. Job Corps will pay for 1 hour of out-of-court consultation if the corpsmember refuses to authorize deductions from his allowances for legal services. 173.41 - Notification of Other Constitutional Rights. After a search has been made and unauthorized goods have been seized which may be used as evidence in a criminal prosecution, and before interrogating the corpsmember involved, the corpsmember's right to legal counsel and his privilege against self- incrimination must be observed regardless of who conducts the interrogation. Specifically, when facing possible arrest and criminal prosecution, corpsmembers should be informed that: 1. They need not make any statements nor answer any questions. 2. Any statements they do make may subsequently be used against them; and 3. They have the right to have or be assigned legal counsel to assist them in such a situation regardless of ability to pay for such assistance. 174 - Corpsmember Offenses 1. Non-reportable Offenses. The requirement of sec. 173.4 need not be applied to on-center offenses which are not reportable to law enforcement authorities and which will be processed solely as a matter of center discipline. If, during the course of the investigation of an offense, facts are uncovered which indicate that the offense may be reportable, the requirements of sec. 173.4 will apply. 2. Off-center Offenses. If, in the course of the investigation or the processing of an off-center offense, it appears that civil authorities have infringed upon a corpsmember's legal right to counsel and/or privilege against self-incrimination, or that the corpsmember has been subjected to an illegal search or seizure or charged with violation of a statute of questionable constitutional validity, such as vagrancy, curfew violation, or refusal to give an account of self, the situation must be reported to the Enrollee Support Division, where remedial action should be considered. 175 - Assistance, Training, and Counseling 175.1 - Corpsmember Assistance In Civil Cases. It is Job Corps policy to advise and assist corpsmembers who have legal problems of a civil nature to secure proper legal advice and assistance by referral to legal aid societies, Department of Labor-funded neighborhood legal services projects, or other appropriate sources of assistance. Because of budgetary limitations, Job Corps cannot provide funds for the support of such civil legal services. Nevertheless, Center Directors shall develop a program to provide corpsmembers with assistance in civil cases. The services of the Enrollee Support Division will be available for assistance and advice in establishing this program. Upon its establishment, each Center Director will send a brief report outlining the program to the Enrollee Support Division. 175.2 - Job Corps Training While Incarcerated. When a corpsmember is in jail or in detention at a location near the center awaiting trial or serving a sentence of 90 days or less, it shall be the Center Director's responsibility to visit or have a senior staff member (preferably a counselor) visit the corpsmember on a regular basis and provide any assistance needed in the areas of health, welfare, safety, personal affairs, education, and training. Visiting staff member should not talk with the corpsmember about his case unless the corpsmember raises it. In such a case, the visitor should warn the corpsmember that the staff member can be subpoenaed and required to testify as to what he has been told. Problems relating to the administration of the jail or detention facility (such as, food, safety, sanitary conditions, and overcrowding) should be called to the attention of the corpsmember's attorney for action. If a chronic problem exists, it may be advisable to seek remedial action through the center's community relations council. An incarcerated corpsmember should be encouraged to use free time productively by continuing Job Corps training and education while in jail or detention. The visiting staff member should assist the corpsmember in developing a study program, supplying books and training materials, and in reviewing and evaluating the corpsmember's progress. Job Corps credit may be assigned to the progress made by the Corpsmember while in jail or detention even though the Corpsmember does not return to the Center upon release. 175.3 - Counseling for Arrested Corpsmembers. An arrest record will usually affect a corpsmember's future employment opportunities and willingness to seek certain types of employment. In addition, a corpsmember's self-image and self- esteem are often damaged by the experience of arrest and incarceration (even overnight detention). The situation is more serious if the corpsmember has been found guilty. To assist a Corpsmember in coping with employment or personal problems resulting from arrest or to identify more serious emotional problems needing further treatment, Center Directors may find it advisable to refer the arrested corpsmember to a senior counselor upon the corpsmember's return to the center after the final disposition of the charges. (In most cases, it will be desirable for the counselor to discuss the situation with the corpsmember's attorney. This can be done by phone after securing consent from the Corpsmember.) 175.4 - Pardon for Convicted Corpsmember. Corpsmembers who have been convicted as adults of felonies should be advised that a full pardon may be obtainable from the President of the United States or the Governor of the State. Application forms can be obtained by writing to the U.S. Department of Justice or the State Attorney General's Office. Youthful offender statutes often provide for the sealing of court records or for the procedures to set aside the conviction under certain conditions. In all cases, corpsmembers should be encouraged to take advantage of these opportunities to mitigate the long term impact of a conviction. 176 - Complaints of Mistreatment by Law Enforcement Officials. It is Job Corps policy to take appropriate measures to prevent violation of the civil rights of Job Corps personnel which may result from mistreatment or discrimination by law enforcement officials. Action should be taken to (1) inform the complaining person that he has legal rights, (2) assist the complainant in pursuing those legal rights if the complainant desires, and (3) take appropriate, corrective steps to avoid recurrence of instances of mistreatment of discrimination by law enforcement officials. (For procedures covering cases involving discrimination based on race, creed, color, or natural origin, see FSM 1700 and 6171.3.) 176.1 - Action by Center Director. Any complaints of law enforcement officer mistreatment made by corpsmembers or VISTA volunteers should be referred to the Center Director. The Center Director shall immediately report by telephone in detail any such incident of mistreatment to the Staff Assistant for Minority Group Affairs, Job Corps Enrollee Support Division, U.S. Department of Labor, 601 D Street, N.W., Washington, D.C. 20210 and the Regional Job Corps Administrator. Immediate confirmation by TWX is required. The information supplied in the initial report should include: 1. Name, address, and the Social Security number of complaining party. 2. Name, official title, and address of person accused of the discriminatory practice. 3. Description of the incidents. 4. Action, if any, taken by the Center Director prior to sending TWX. 5. Any other relevant information, including names of witnessess. 176.11 - Action in the Nature of a Private Civil Suit. State and Federal civil remedies are available to persons whose constitutional rights are violated by law enforcement officials. The Center Director may obtain information on available civil remedies from the Regional Attorney and shall communicate this information to the complainant. The Center Director should also assist the complaining member in obtaining competent legal counsel if the complainant desires to bring an individual action. 176.12 - Job Corps Counsel in Civil Cases. Job Corps legal services policy does not provide for payment of legal fees in civil plaintiffs' litigation. Thus, a civil action may require personal expenditure for legal fees by the complainant. These costs may be reduced by (1) obtaining legal services through local legal aid societies or (2) the intervention of the Justice Department in actions of alleged policy discrimination which the Attorney General determines to be cases of general public importance. The Center Director should investigate the alleged mistreatment through direct discussion or through community relations means, with the help of the Regional Job Corps Administrator and the Conservation Agency Supervisor. If the matter can be resolved within a reasonable time, to the complete satisfaction of the complainant and Job Corps officials, the case should be closed and a detailed report submitted to the Staff Assistant for Minority Group Affairs, Job Corps, Enrollee Support Division, and the Regional Job Corps Administrator. If there is any evidence to substantiate the allegation of mistreatment and the matter cannot be resolved locally, the Center Director will immediately notify the local FBI officials and request that they determine whether there has been any violation of Federal law. A status report will be made at this time to Job Corps, Enrollee Support Division, the Office of Inspection, and the Job Corps Regional Administrator. 180 - CORPSMEMBER HEALTH PROGRAM AND LEAVE ADMINISTRATION 1. Civilian Conservation Centers are responsible for providing or arranging for essential comprehensive health care, health education, and environmental health of enrollees in the Job Corps within requirements set forth in 20 CFR 684 and the following directives. a. Job Corps Health Program Guide, ETH 330 and all related Technical Supplements. b. Manual for Mental Health Professionals Participating in the Job Corps Program ETH 330A. c. Health Education Program (HEP) ETH 300C. Center Directors are responsible for implementation of the required Health Education Program. d. (ETH Handbook 700 JCAH Section 210.1 and 375). 2. The centers are also responsible for establishing procedures for implementing these directives. 3. Health care and health education shall be provided to an extent which will: a. Enable the enrollee to attain and maintain a level of health necessary to adapt to the training situation. b. Increase the psychosocial and employment potential of the enrollee. c. Correct health disabilities that pose major impediments to successful adaptation to society. d. Prevent the introduction and spread of communicable diseases and allow for early diagnosis and treatment of medical, dental, and mental health conditions. 4. Constraints in the provision of health care include: a. Limitations on funds available for prolonged health care due to the relatively large number of enrollees served. b. Interference by extensive treatment with training which is the primary program focus. 5. Health care and health education for enrollees shall include, but will not be limited to: a. Providing routine medical and dental preventive, diagnostic, and therapeutic services. b. Providing access to emergency medical and dental care on a 24-hour basis. c. Administering a comprehensive mental health program. d. Administering a comprehensive health education program. e. Providing adequate facilities, equipment, and supplies and qualified personnel for routine, emergency, and special medical and dental service, commensurate with the outpatient-inpatient workload of the center. f. Arranging for off-center hospitalization, including psychiatric hospitalization, specialist care, and emergency care, including transportation when necessary. g. Providing special medical and dental care specifically authorized by the Job Corps Regional Office. h. Administering an Environmental Health Program that ensures maintaining satisfactory sanitation standards. i. Maintaining confidential health records, submitting required reports, and participating in authorized, special health-study surveys. j. Recommending medical termination, transfer, or referral of Job Corps enrollees who have health problems requiring such actions. k. Establishing and maintaining rapport with the health professionals in communities near the center. l. Administering a center drug abuse prevention and control program. m. Administering a center pregnancy program, if applicable. 6. The center health personnel are authorized to communicate directly with the Job Corps regional office and the national health office on professional matters relating to health, including requests for direction, guidance, and counseling. 7. Approval of professional qualifications by the Job Corps regional office, with consultation if necessary with the national health staff, is required prior to the employment by the center of full or part-time physicians, mental health professionals, and dentists. 8. Center health staff members shall not be used to perform any function not specifically identifiable as a health, or directly health-related, function. 9. Centers are required to obtain a copy of the record of all treatment procedures, diagnosis, and tests performed off center for inclusion in a corpsmember's health record. 181 - Personnel Absences (See ETH 700, section 380) 20 CFR 684.90) Each corpsmember begins earning leave upon enrollment at the rate of 2 calendar days per month, or a total of 24 days per year. Saturdays, Sundays, legal holidays, and travel time to and from home and the center shall not be charged to accrued annual leave. A corpsmember will not accrue leave during a particular pay period unless he or she is entitled to a living allowance for at least 8 days during the period. All pay, allotments, and accrual of leave shall be suspended during periods of absence without leave or administrative leave without allowances. Corpsmembers are not paid at separation for accrued but unused leave. If a Corpsmember does not return from leave on the day designated by the Center Director, the corpsmember is placed on absence without leave status effective the day following the scheduled day of return. The Center Director: 1. Must keep an accurate leave record showing leave accrued and leave taken. 2. Shall develop a system for checking attendance and record all excused and unexcused absences. 3. May excuse absences for a good cause and/or impose disciplinary sanctions for unexcused absences. 4. Shall initiate and maintain a sign-out register for corpsmembers to sign when leaving and returning to the center, showing the corpsmember's destination, status (for example, leave, pass), and purpose for leaving the center. 181.1 - Types and Rate of Leave 1. Emergency Leave: 12 days maximum per occurrence 2. Home Leave: 24 days maximum a. Leave at Government expense b. Leave at corpsmember expense c. Leave in connection with transfer 3. Administrative Leave: a. With allowances and transportation b. With transportation and without allowances c. Without allowances and without transportation 4. Absence Without Leave: Terminated on 16th day of AWOL 5. Pass: 72 hours maximum a. Pass in connection with transfer b. Extended pass 181.2 - Emergency Leave. In the event of an emergency, the Center Director may grant a maximum of 12 days emergency leave. All allowances, allotments, and leave time continue to accrue during emergency leave. Transportation at Government expense may be authorized by the Center Director without regard to the time the corpsmember has been enrolled in Job Corps. If the corpsmember has had a home or an emergency leave within the preceding 6 months, prior approval must be obtained from the regional office. The Center Director has the authority to extend emergency leave beyond 12 days, charging the additional time to accrued leave, or in the absence of accrued leave, by placing the corpsmember on administrative leave without allowances and allotments (ETH 630.) Each request for emergency leave should be handled individually. In cases of a death, imminent death, or serious illness or injury, emergency leave may be granted to a corpsmember to visit members of his/her immediate family or sole surviving blood relative with whom the corpsmember lived for at least 1 year. The circumstances for emergency leave requests requiring corpsmember presence should be verified by an attending physician, hospital authorities, or the American Red Cross. Emergency leave may be granted prior to verification if delay would defeat its purpose. Upon request and with the corpsmember's consent, the American National Red Cross, through its local chapters and field representatives, will obtain a description of home conditions to enable the Center Director to determine the need for the corpsmember's presence at home at the time of an emergency. The Red Cross Reporting and Communications Service will also provide a home condition report if such would aid in improving a corpsmember's morale. The Red Cross shall not be requested nor expected to provide financial assistance to corpsmembers for any reason. The Center Director shall reimburse the Red Cross Chapter upon presentation of an itemized accounting for the costs incurred in obtaining reports. 181.3 - Home Leave. "Home" for purposes of this policy, is considered to be the corpsmember's place of enrollment or the place of residence of parent or guardian. A corpsmember is entitled to a maximum of two home leaves with transportation at Government expense during a 2-year enrollment in Job Corps. 1. With Transportation at Government Expense. A corpsmember may be granted transportation to a point other than home if the Center Director believes that the purpose of the leave will be served: a. When the distance is equal to or less than the corpsmember's home. If the distance is greater, the Center Director shall request the Job Corps regional office to authorize transportation. The request must state the reason the additional costs involved should be approved. b. When a corpsmember is under the age of majority and has parental consent for travel to a place other than his home. c. When the corpsmember has sufficient leave accrued to cover the requested leave period. d. When a readmitted corpsmember has completed 6 months of Job Corps service since last home or emergency leave at Government expense, or since the date travel commenced to current center of assignment. e. When home leave or emergency leave has not been taken during that year of enrollment. f. When requested leave does not fall within 6 weeks of expected termination of enrollment. g. When the requested leave is not otherwise inappropriate; for example, (1) when a corpsmember is under medical treatment or (2) when no disciplinary or criminal actions are pending against corpsmember. 2. With Transportation at the Corpsmember's Expense. The Center Director may grant this type of leave under the following conditions: a. When the corpsmember has sufficient accrued leave. b. When the corpsmember has sufficient funds for meals, lodging, and other necessities. c. When the corpsmember presents round trip tickets for his leave and can meet conditions a and b above. 3. In Connection with Transfer. Leave may be granted to a corpsmember in connection with transfer only when the place at which leave is to taken is located between the center from which transferred and the center to which the corpsmember is being transferred, and if the destination can be reached without additional transportation expense to the Government. Such leave shall be charged against accrued leave; it will begin on the scheduled day of arrival at the place where the leave is to be taken; it will end on the scheduled day of departure. 181.4 - Administrative Leave. The primary purpose of administrative leave is to accommodate corpsmembers who temporarily need time away from the program to take care of urgent personal matters and who will resume the Job Corps training when the urgency subsides. 1. With Allowances and Transportation. Leave with allowances and transportation may be granted by the Center Director for a reasonable period of time if the corpsmember's status meets the criteria in items a-h. Leave of this nature does not prohibit the Center Director from granting home or emergency leaves when warranted. a. Processing for the Armed Forces. b. Securing mental health, medical, dental, or hospitalization treatment away from the center that has been prescribed by a physician, dentist, or mental health professional. c. Being temporarily housed off-center as precaution against harm or injury to self or others. d. Appearing in court as a complainant or witness. (If the corpsmember is under subpoena, the Center Director should attempt to have the court pay transportation and other costs.) e. Appearing before parole board. f. Attending special training classes. (If training is for more than 6 weeks and/or corpsmembers are receiving wages, contact the Job Corps regional office for special status determination.) g. Attending or participating in special projects or civic functions. h. Unavoidable transportation delay. 2. With Transportation and Without Allowances. A corpsmember may be granted administrative leave without allowances and allotments: a. When removed from center pending resolution of an appeal to the Job Corps Regional Appeal Board for a di ciplinary discharge. 3. Without Allowances and Without Transportation. When the corpsmember's status meets the criteria below, the Center Director may authorize leave after obtaining Job Corps regional office approval: If a corpsmember has been arrested, he or she shall be placed on administrative leave for the period the corpsmember is away from the center regardless of whether he or she remains in jail or is released from confinement. During this time the accrual of all allowances and allotments shall be suspended. If the sentence is suspended or the corpsmember is placed on probation or parole, all allowances shall be restored retroactively (See ETH 630.) If a corpsmember returns to the center while awaiting trial, whether on bail or personal recognizance, allowances shall continue in the usual manner. In no event may a corpsmember be terminated while criminal charges are pending. 181.5 - Absent Without Leave (AWOL). When a corpsmember is absent without leave, the Center Director shall: 1. Notify parties concerned. Cite when AWOL was noted, corpsmember's whereabouts (if known), and all steps taken to locate and return the corpsmember to center. a. Contact parents or guardians within 2 days time and keep them posted whenever new developments occur. b. Contact court authorities if corpsmember is on probation, parole, or on bail awaiting court action. c. File Missing Person's Report with police officials in area of corpsmember's probable whereabouts. Other corpsmembers may be questioned to discover whereabouts. d. Notify the Finance Center for the purpose of suspending pay and allowances while AWOL. (Ref. ETH 630). e. Notify the screening agency. f. Inventory and secure the AWOL corpsmember's personal belongings within 24 hours. g. Record all action taken and place a copy in the corpsmember's personnel file. 2. If it becomes known that the corpsmember is ill, injured, or in a hospital prior to the sixteenth day of unauthorized absence, the corpsmember's name, Social Security number, location, and circumstances shall be reported to the Job Corps regional office. The corpsmember will be placed on administrative leave without allowances and allotments pending disposition instructions (ETH 630). 3. If it becomes known that the corpsmember is incarcerated prior to the sixteenth day of unauthorized absence, the corpsmember shall be placed on administrative leave without allowances until the court case is disposed of or the corpsmember is returned to center (ETH 630). 4. If a corpsmember has been AWOL for 15 days or less and, upon communication with the center, indicates a desire to return, the corpsmember must be reinstated. The corpsmember should be informed whenever disciplinary action is contemplated. The corpsmember should also be informed that the expenses incurred by the Government for transportation back to the center shall be deducted from allowances. (Ref. ETH 630). Requests to return on or after the sixteenth consecutive day of AWOL shall be denied, and termination shall be effected. No review board hearing is necessary in such cases. The terminated corpsmember will be informed that the Job Corps regional office will provide transportation home from the present location. Excess transportation costs will be deducted from accrued readjustment allowances. (ETH 630). The corpsmember should be advised to contact the local screener for counseling, reevaluation, and possible readmission to Job Corps. The Center Director should also inform the local screener of the corpsmember's interest in additional education and training. 5. If a corpsmember is contacted prior to the automatic AWOL termination date and refuses to return, the refusal shall be construed to be a voluntary resignation. The corpsmember shall be so advised by telephone. 6. In cases where a corpsmember has been automatically terminated under the AWOL rule, but the corpsmember was unable to contact the center prior to termination because of illness or incarceration, the Job Corps regional office shall be contacted concerning reinstatement in Job Corps and the removal of AWOL status from the corpsmember's record. 7. Corpsmembers absent without leave are not provided legal services by Job Corps (20 CFR 684.91). 181.6 - Passes. A pass may be authorized by the Center Director for a maximum of 72 hours from the time of departure from the center to the time of return to the center. Pass time is not considered to be leave. Transportation will be at the corpsmember's expense, except in cases of group travel or regularly scheduled transportation arrangement made by the center. Travel is restricted to a distance the Center Director may authorize, taking into account local conditions regarding transportation, recreational opportunities, and social environment. 1. Pass in Connection with Transfer. A Center Director may grant a pass (up to 72 hours) to a corpsmember being reassigned to another Civilian Conservation Center. A pass of this type may be granted only if the place where the pass is to be used is located between the losing and the gaining centers and the corpsmember can be routed to a point within a reasonable distance of that place without additional transportation expense to the Government. The maximum pass period of 72 hours is to be computed as the period from time of arrival at the place where the pass is to be taken to the time of departure therefrom. This period may not be extended. 2. Extended Pass. The Center Director may permit a corpsmember to remain away from the center for additional time by granting authorized leave and deducting it from accrued leave. Leave granted under these circumstances will be effective on the first day of the authorized pass and only duty days will be charged as leave. Saturdays, Sundays, and Holidays will not be charged against accrued leave. When a Corpsmember is away from the center at night, the corpsmember will be considered "on pass" status.