Attachment_2_-_CDCR_Special_Provisions.docx

Department of General Services Gases (Medical, Industrial, Specialty, BAR, CARB) Procurement Division Contract 1-25-68-01D Attachment 2

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

SPECIAL PROVISIONS

Digest of Laws By signing this contract, the Contractor agrees that, if the provisions of the contract require the contractor to enter an institution, the Contractor and his/her employees shall be aware of and abide by the following rules:

DIGEST OF LAWS RELATED TO ASSOCIATION WITH INCARCERATED INDIVIDUALS

Individuals who are not employees of the California Department of Corrections and Rehabilitation (CDCR), but who are working in and around individuals who are incarcerated within California’s institutions/facilities or camps are to be apprised of the laws, rules, and regulations governing conduct in associating with incarcerated individuals. The following is a summation of pertinent information.

a. Persons who are not employed by CDCR but are engaged in work at any institution/facility or camp must observe and abide by all laws, rules, and regulations governing the conduct of their behavior in associating with incarcerated individuals. Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps.

Source: California Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3285 and 3415

b. CDCR does not recognize hostages for bargaining purposes. CDCR has a “NO HOSTAGE” policy and all incarcerated individuals, visitors, and employees shall be made aware of this.

Source: PC Sections 5054 and 5058; CCR, Title 15, Section 3304

c. All persons entering onto institution/facility or campgrounds consent to a search of their person, property, or vehicle at any time. Refusal by individuals to submit to a search of their person, property, or vehicle may be cause for denial of access to the premises.

Source: PC Sections 2601, 5054, and 5058; CCR, Title 15, Section 3173, 3177, and 3288

d. All persons entering onto institution/facility or camp may be barred, for cause, by the CDCR Director, Warden, and/or Regional Parole Administrator Source: PC Sections 5054 and 5058; CCR, Title 15, Section 3173 and 3289

e. It is illegal for an individual who has been previously convicted of a felony offense to enter CDCR institutions/facilities or camps without the prior approval of the Warden. It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so. Failure to comply with this provision could lead to prosecution.

Source: PC Sections 602, 4570.5, and 4571; CCR, Title 15, Sections 3173 and 3289

f. Encouraging and/or assisting incarcerated individuals to escape is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs, or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give incarcerated individuals firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana.

Source: PC Sections 2772, 2790. 4533, 4535, 4550, 4573, 4573.5, 4573.6, and 4574

g. It is illegal to give or take letters from incarcerated individuals without the authorization of the Warden. It is also illegal to give or receive any type of gift and/or gratuities from incarcerated individuals.

Source: PC Sections 2540, 2541, and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424, and 3425

h. In an emergency situation, the visiting program and other program activities may be suspended.

Source: PC Section 2601; CCR, Title 15, Section 3383

i. For security reasons, visitors must not wear clothing that in any way resembles state issued clothing for the incarcerated population (blue denim or blue chambray shirts, blue denim pants, orange/yellow/white/chartreuse jumpsuits, or yellow rainwear).

Source: CCR, Title 15, Section 3171(b)(3)

j. Interviews with SPECIFIC INCARCERATED INDIVIDUALS are not permitted. Conspiring with an incarcerated individual to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action.

Source: CCR, Title 15, Section 3261.5, 3315 (3)(W), and 3177

k. Electronic and communicative devices such as pagers, cellular phones, and cameras are not permitted on institution grounds.

l. Unless otherwise directed by the entrance gate officer and/or institutional authorities, suppliers shall enter the premises though the main entrance gate. Keys shall be removed from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds.

ASSEMBLY BILL 384 – TOBACCO USE PROHIBITION

Assembly Bill (AB) 384 was signed into law by Governor Arnold Schwarzenegger and takes effect on July 1, 2005. AB 384 bans the use of tobacco products (i.e., cigarettes, cigars, snuff, and chewing tobacco) by all staff, visitors, incarcerated individuals, and all persons on the grounds of any institution. The only time tobacco use is permitted is during Department approved religious ceremonies and in residential staff housing where inmates are not present.

PRISON RAPE ELIMINATION ACT (PREA) POLICY

CDCR maintains a zero tolerance for sexual misconduct in its institutions, community correctional facilities, camps, and for all offenders under its jurisdiction. All sexual misconduct is strictly prohibited. CDCR is committed to providing a safe, humane, secure environment, free from sexual misconduct. This will be accomplished by maintaining a program to ensure education/prevention, detection, response, investigation, and tracking of sexual misconduct. All suppliers are expected to ensure compliance with this policy as described in Department Operations Manual, Chapter 5, Article 44 which can be located at: www.cdcr.ca.gov/regulations/cdcr-regulations/dom-toc/. As a supplier, you and your staff are required to adopt and comply with the PREA standards, 28 Code of Federal Regulations Part 115. As a supplier for CDCR, you shall not assign an employee to a CDCR facility or assign an employee to duties if that employee will have contact with CDCR inmates, if that employee has 1) engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C.\ 1997); 2) been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or 3) has been civilly or administratively adjudicated to have engaged in the activity described herein.

GATE CLEARANCE

Gate clearance may be required prior to entry. Suppliers shall contact the institution regarding specific gate clearance regulations prior to attempting deliveries. If gate clearance is required, the supplier will be required to complete a request for gate clearance for all persons entering the facility a minimum of ten (10) working days prior to commencement of delivery and/or service. Gate clearance check will include Department of Motor Vehicles checks, wants and warrants check, and a criminal history check. All persons entering the facility must have a valid driver’s license or photo identification card on their person.