Managing an Offender's Employment

Introduction

This topic covers information for assessing and monitoring an offender's employment. It applies to all rehabilitative sentences/orders.

Assessing suitability of employment

All employment must be assessed for suitability in relation to the offence history of the offender and their personal circumstances. This assessment includes considering any potential problems in relation to the:

• general location of the place of employment
• location of the work
• type of work
• hours of work, and
• impact on meeting sentence/order requirements.

Examples:

An offender:

• convicted of child sexual offences must not be working with, or near, children.
• with an alcohol or other drug problem must not be working on licensed premises, or a place where alcohol is present.
• with burglary convictions must not be working in a job that allows them access to private homes.

Declining permission for particular employment

Discuss with the offender any concerns about the employment being undertaken or sought. Work with the offender to identify alternative and more appropriate employment.

If the offender is to be directed not to take up a particular type of employment or work for a particular employer, this must be done in writing with a full explanation and reasons for the decision. The offender should be asked to sign an acknowledgement as proof of service. Details regarding the decision must be recorded in IOMS casenotes.

Reasons for directing the offender not to engage in certain types of employment may include, but not be limited to, the:

• nature of work and work place(s)
• type of work being inappropriate given the offending history
• location of the work putting a victim or other person at risk
• location presenting a risk of further offending, and/or
• direct interference with the offender's ability to fulfil the standard and special conditions of their sentence, particularly programmes.

If the offender refuses to consent to the employer/potential employer being contacted, consider not approving the employment.

Note: Do not approve employment without contacting the employer if the offender is subject to HD or RR, because of the need to monitor attendance at the employment.

Working with offender to find suitable employment

If the offender is unemployed, discuss work options with the offender, using the Problem Solving Module to work though issues. Consider a referral to Work and Income, Career Services or Prisoners Aid and Rehabilitation Services to work with the offender in preparing applications for employment and developing interview and work skills.

Monitoring employment

Contact with the employer may have been made during pre-sentence/ pre-release enquiries. Check with the offender whether the employer is aware:

• that the offender is subject to a sentence
• of the nature of the offending, and
• of the sentence conditions.

Use the following table to decide what to do next.

Other methods of monitoring employment include sighting:

• wage slips, or
• wage entries on bank statements.

If reporting and compliance become an issue

The employment may require the offender to work long hours or to travel outside the home area. In such a case work with the offender and, with the offender's consent, the employer, to identify and agree on strategies to ensure the offender's compliance with the standard and special conditions of the sentence.

If a satisfactory agreement is unable to be reached, consider making an application to court or NZPB.

References: (please refer to the related links section on this page)

• Volume 2, Part VIII, Applications to Court.
• Volume 2, Part IX, Applications to the NZPB.