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Section 7: Inmate/Probationer Labor

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TxDOT has developed agreements that can be used by districts to perform specified maintenance work using inmate or adult probationer labor. These agreements can be executed with the local jurisdictions of the county commissioner’s court, sheriff's department, Texas Department of Criminal Justice or the local Community Supervision and Corrections Department, as appropriate.

These agreements should be considered as a supplement to the Routine Maintenance Contracts (RMC) and State Use Program and should not displace any work normally performed by those methods.

Some examples of maintenance work that may be suitable for inmate/probationer labor are:

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Texas Department of Criminal Justice Memorandum of Agreement for Inmate Labor

The department has executed a Memorandum of Agreement (MOA) with the Texas Department of Criminal Justice (TDCJ) for inmate labor. Form 2038 "TDCJ Conservation Work Corps" should be executed between the department and the local TDCJ unit for each specific project. Types of projects suitable for TDCJ labor are those that do not require a set frequency or a specific start and/or completion date. Short-term projects that may be interrupted without significant consequences are preferred by TDCJ.

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Sheriff's Department Agreement For County Inmate Labor

An agreement for the use of county inmate labor may be executed between the department and a local county sheriff's department department using Form 2040 "Agreement for Use of County Inmates for Highway Maintenance". In some cases, the sheriff's department may defer to the county commissioners court for execution of the agreement.

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Community Supervision and Corrections Department (CSCD)

An agreement for adult probationer labor may be executed between the department and the local CSCD using Form 2039 "Adult Community Supervision Defendants Community Service Work Program Agreement".

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Juvenile Offenders

Districts are not allowed to use juvenile offenders unless a court order has been issued.

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