ESBD_450514_1756484629641_696-PD-25-P006.pdf

Texas Department of Criminal Justice Proposal Cover Page

This form requests basic information about the respondent and project and must be completed in its entirety, including the signature of the authorized representative.

SOLICITATION INFORMATION

Document Type: 9 Statutory Cite: Texas Government Code, Section 508.316(a)(3)

1) Solicitation Number: 696-PD-25-P006 2) Issue Date: 3) Deadline: September 30, 2025 August 29, 2025 3:00 p.m. CT

4) Contract Specialists: Janice Wooley (936) 437-3834 janice.wooley@tcdj.texas.gov (reference Section G.2.2) Amanda Kramer (936) 437-3824 amanda.kramer@tdcj.texas.gov

5) Type of Solicitation: RFP-Request for Proposal

6) Solicitation Description:

The TDCJ is seeking proposals for providing Sex Offender Treatment Services for Clients identified by the Department. Locations may include District Parole Offices, Residential Reentry Centers, TDCJ Correctional Institutions Division units, and private locations in various Texas counties, including rural counties.

PROPOSAL SUBMITTAL

7) Receiving

Office:

TDCJ Contracts & Procurement, Contract Administration Branch 2 Financial Plaza, Suite 703, Huntsville, TX 77340

*All packages must be labeled with the solicitation number and Contract Specialists’ names. Reference Section L for complete submittal instructions. LATE OR EMAILED PROPOSALS WILL NOT BE ACCEPTED.

RESPONDENT INFORMATION

8) Legal Business Name:

9) Mailing Address Information (include street, city, county, state and 9-digit zip code):

10) Payee Name and Mailing Address, including 9-digit zip code (if different from above)

(remittance address if not electing Direct Deposit):

11) Federal Tax ID No. (9-digit), State of Texas Comptroller Vendor ID Number (14-digit) or Social Security Number (9-digit):

12) Type of Entity (check all that apply):

HUB Certified

Corporation (incorporated under the laws of the State of _____________) Type: ______ M/F ___ Partnership Individual Non-Profit Organization* Joint Venture *If incorporated, provide 10-digit charter number assigned by Secretary of State:

If a Foreign Entity:

Individual Partnership Joint Venture Non-Profit Organization Corporation (registered for business in _________________ (country)

13) Prompt Payment Discount: _____ % _____Days or Net 30 (reference Section G.3 for additional information)

14) Amendments: Signed and submitted by the Respondent with Proposal or via email prior to the deadline.

RESPONDENT AUTHORITY AND SIGNATURE

15) Point of Contact Name: __________________________________ Title: __________________________________

Email address: ______________________________________________ Telephone #: _________________

16) Authorized Signature: Date:

696-PD-25-P006 Section A

TABLE OF CONTENTS

Page

SUMMARY OF KEY DATES

SECTION A – CONTRACT DEFINITIONS

A.1 GENERAL DEFINITIONS

A.2 SERVICE SPECIFIC DEFINITIONS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired B.1.2 Pricing Instructions B.1.3 Estimated Quantities

B.2 PRICING SCHEDULE

B.2.A Subsidized Services to be Performed at TDCJ Approved locations:

B.2.B Non-Subsidized Services to be Performed at TDCJ Approved locations:

B.2.C Subsidized Virtual Sessions:

B.2.D Non-Subsidized Virtual Sessions:

B.3 ALLOWABLE COSTS

B.4 NON-ALLOWABLE COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES, AND LAWS

C.3 LOCATION OF TREATMENT SITE

C.4 MANDATORY REQUIREMENTS FOR SEX OFFENDER TREATMENT PROVIDERS 16

C.5 MANDATORY REQUIREMENTS FOR SEX OFFENDER TREATMENT SERVICES ...18

C.6 CLIENT REFERRAL PROCESS

C.7 SECURITY OF RECORDS AND DISCLOSURE OF INFORMATION

C.8 DEPARTMENT POLICIES AND PROCEDURES

SECTION D – REPORTS AND DATA

D.1 REPORTS REQUIRED FROM CONTRACTOR

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 INSPECTION BY STATE EMPLOYEES

E.3 AUDITS BY OTHER AGENCIES

E.4 FRAUD, WASTE, OR ABUSE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

F.2 OPTION TO RENEW THE term of the CONTRACT F.3 OPTION TO EXTENd SERVICES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST,

PROGRAM SUPERVISORS AND PROGRAM DIRECTOR

G.2.1 Authorized Representative G.2.2 Contract Specialist G.2.3 Program Supervisors G.2.4 Program Director

G.3 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Maximum Payments by the Department G.4.2 Make-up Sessions/Absences G.4.3 Co-Payments G.4.4 Subsidy-Ineligible Clients G.4.5 Late Payment G.4.6 Deductions for Unacceptable Compliance Standards G.4.7 Withholding of Payment G.4.8 Right to Offset

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.1.1 Required Provisions

H.2 SUBCONTRACTORS

H.2.1 Insurance H.2.2 Historically Underutilized Business (HUB)

H.3 CRIMINAL HISTORY INFORMATION COMPLIANCE

H.4 OTHER CONFIDENTIAL OR SENSITIVE INFORMATION

H.5 BOOKS AND RECORDS

H.6 ORGANIZATIONAL AND NAME CHANGE

H.7 FREE EXERCISE OF RELIGION

H.8 DELAY OF SERVICES

H.10 SECURITY

H.11 TRANSITION

SECTION I – CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

I.2 DEFAULT AND TERMINATION

I.2.1 Default by the Contractor I.2.2 Further Opportunity to Cure I.2.3 Remedy of the Department I.2.4 Termination for Convenience I.2.5 Termination by Mutual Agreement I.2.6 Termination Procedures I.2.7 Default by the Department I.2.8 Remedy of the Contractor

I.3 NO WAIVER OF RIGHTS

I.4 TAXES/WORKERS’ COMPENSATION/UNEMPLOYMENT INSURANCE – INCLUDING

INDEMNITY

I.5 NO WAIVER OF DEFENSES

I.6 INDEPENDENT CONTRACTOR

I.7 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

I.8 APPROVAL OF CONTRACT

I.9 NON-DISCRIMINATION

I.10 CONFIDENTIALITY

I.11 CONTRACT CHANGES

I.12 SEVERABILITY

I.13 IMMIGRATION

I.14 NO LIABILITY UPON TERMINATION

I.15 LIMITATION ON AUTHORITY

I.16 INTELLECTUAL PROPERTY INDEMNIFICATION

I.17 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER

I.18 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE

OWNERSHIP)

I.19 FORCE MAJEURE

I.20 NOTICES

I.21 SUBSTITUTIONS

SECTION J – LIST OF EXHIBITS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

RESPONDENTS

K.1 HISTORICALLY UNDERUTILIZED BUSINESS REPRESENTATION

K.1.1 Definition

K.2 FRANCHISE TAX REPRESENTATION

K.3 REPRESENTATIONS OF THE RESPONDENT

K.3.1 Organization and Qualification K.3.2 Authorization K.3.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.3.4 No Defaults Under Agreements K.3.5 Compliance with Laws K.3.6 No Litigation K.3.7 Taxes K.3.8 Financial Statements K.3.9 No Adverse Change K.3.10 Disclosure K.3.11 No Collusion K.3.12 Disclosure of Interested Parties K.3.13 Deceptive Trade Practices; Unfair Business Practices K.3.14 Notification

K.4 REPRESENTATIONS OF THE DEPARTMENT

K.4.1 Authorization K.4.2 No Violation of Agreements K.4.3 Disclosure

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO RESPONDENTS

L.1 DISCUSSIONS, CORRESPONDENCE, AND AMENDMENTS TO THE

SOLICITATION

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF PROPOSALS

L.3 SIGNATURES ON PROPOSALS SUBMITTED

L.4 PROPOSAL ACCEPTANCE

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 PROPOSAL PREPARATION INSTRUCTIONS

L.8 PROPOSAL SUBMISSION CHECKLIST

L.9 PRE-PROPOSAL CONFERENCE

L.10 LEGISLATIVE BUDGET BOARD (LBB) POSTING

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

M.2 MINIMUM QUALIFICATIONS

M.3 EVALUATION CRITERIA

M.3.1 Cost M.3.2 Technical Plan M.3.3 Experience M.3.4 Past Performance

696-PD-25-P006

SUMMARY OF KEY DATES

August 29, 2025 Post to the ESBD

September 9 , 2025 11:00 a.m. CDT Pre-Proposal Conference

September 12, 2025 3:00 p.m. CDT Deadline for Written Questions for Clarification to the Department

September 19, 2025 5:00 p.m. CDT Deadline to Submit Responses to Clarification Questions to the Department

September 30, 2025 3:00 p.m. CDT Deadline for the Department Receipt of Proposals in Huntsville. Late Offers will not be accepted.

March 1 , 2026 Service Commencement Date

SECTION A – CONTRACT DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below, to include the singular and plural versions:

A.1 GENERAL DEFINITIONS

Authorized Representative - the person designated in writing to act for and on behalf of a party of this Contract, which designation has been furnished to the other party.

Biennium - any of the two-year periods beginning on September 1 and ending on August 31 of odd numbered years, which periods are used for budgetary purposes by the State of Texas.

Compliance Standards - Contract requirements that have specific and clearly defined recoupment strategies to ensure that the Department does not pay for Services that are not received.

Contract Specialist - the Department employee responsible for non-technical administration of this Contract.

Contract Term - the duration of this Contract as specified in Section F.2.

Contractor - the individual, provider/treatment provider, partnership or corporation who performs Services under this Contract.

Day(s) - calendar Day(s), unless otherwise specified.

Department - the Texas Department of Criminal Justice (TDCJ), an agency of the State of Texas.

Department Policy - all written policies, procedures, standards, guidelines, directives, and manuals of the Texas Board of Criminal Justice (TBCJ) and the Department applicable to providing the Services specified under this Contract.

Event of Default - any of the events or circumstances described in Section I.2.

Fiscal Year - any of the one-year periods beginning September 1 and ending August 31, which periods are used for annual budgetary purposes by the State of Texas.

Material Failure - the failure of a party to fulfill one or more obligations essential to achieving the purpose of the Contract.

Non-Appropriation - failure by the Texas Legislature, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.

Payment - the amount agreed to be paid by the Department to the Contractor for Services provided under this Contract.

PD - the TDCJ’s Personnel Directives.

Respondent - an individual or entity that submits a response, including anyone acting on behalf of the individual or entity, such as an agent, employee, or representative.

Service Commencement Date - the date on which the Contractor shall begin providing Services pursuant to this Contract.

Service - delivery by the Contractor of the requirements in accordance with the terms and conditions of this Contract.

TBCJ - the Texas Board of Criminal Justice.

Working Day - a weekday, unless a nationally recognized holiday or other holiday observed by the Department.

A.2 SERVICE SPECIFIC DEFINITIONS

Child Safety Zone - the designated 500 feet as the distance that Sex Offenders must maintain from premises where children commonly gather, including schools, day-care facilities, playgrounds, public or private youth centers, public swimming pools or video arcades. Any area within 500 feet of these types of premises is considered a Child Safety Zone unless the Department or state statute modifies the distance requirement. In accordance with the Texas Code of Criminal Procedure, Section 42A.502, the court may apply Child Safety Zone restrictions to additional Clients if the nature of the offense warrants the establishment of a Child Safety Zone. In cases where a local government enacts a city ordinance establishing a Child Safety Zone greater than 500 feet, then the greater distance will be utilized to identify the Child Safety Zone. All Child Safety Zone Certifications must be approved in writing by the TDCJ-PD prior to use of the facility.

Client - a person under supervision or authority of the Department, identified as a Sex Offender, requiring a Sex Offender evaluation, or the Sex Offender identified for participation in the Sex Offender Treatment Program.

Court Orders - any orders or judgments issued by a court of competent jurisdiction and any stipulations, agreements, or plans entered into in connection with litigation that are applicable to the operation and management of the program.

CSOT - the Council on Sex Offender Treatment, which is administratively attached to the Texas Health and Human Services Commission (HHSC), that sets forth the standards of practice for sex offender treatment providers in Texas.

LSOTP - a Licensed Sex Offender Treatment Provider, licensed by CSOT.

Parole Officer - the Department employee responsible for the supervision of the Client.

Parole Supervisor - the Department employee who serves as the District Parole Officer Manager and supervises the Parole Officer and Unit Supervisor.

Program Supervisor - the Department employee of Specialized Programs Sex Offender Parole Officer IV responsible for technical administration of this Contract.

Sex Offender - a Client who is convicted of committing, or adjudicated to have committed a sex crime under state or federal law; for an offense that is based on sexually motivated conduct; or has been ordered by the jurisdictional authority to participate in Sex Offender supervision or treatment.

Sex Offender Condition Hearing (SOCH) - a type of hearing required by the Department when the Client has displayed sexually deviant behavior during the commission of any offense resulting in a conviction.

Sex Offender Treatment Services (also referred to as Services) - treatment modalities as described by Texas Administrative Code, Title 22, Part 36, Chapter 810.

Specialized Programs - the section of the TDCJ-PD that administers the Sex Offender Treatment Program.

TDCJ-PD - the Texas Department of Criminal Justice-Parole Division, a division of the Texas Department of Criminal Justice.

Treatment Provider - a person who meets the criteria as established by CSOT and who is licensed to practice in this State to provide sex offender treatment services and provide services for the rehabilitation of Sex Offenders.

Unauthorized Service - Service(s) that have been provided at an unauthorized location or in an unauthorized form of treatment.

Unit Supervisor - the Department employee responsible for the supervision of the Parole Officer.

Virtual Sessions - the utilization of technology in lieu of in-person delivery of counseling or therapy services using a Health Insurance Portability and Accountability Act (HIPAA) compliant video conference service. Requests for conducting Virtual Sessions shall be submitted to the Program Supervisor and reviewed for approval by the Director of Specialized Programs or designee.

696-PD-25-P006 Section B

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired

The Contractor shall, in accordance with the terms of this Contract, provide all necessary personnel, equipment, materials, supplies, and Services, and otherwise do all things necessary for, or incidental to, providing Sex Offender Treatment Services for Clients identified by the Department. Locations may include District Parole Offices, Residential Reentry Centers, TDCJ Correctional Institutions Division units, and private locations in various Texas counties, to include rural counties.

B.1.2 Pricing Instructions

A. The Department anticipates award of multiple firm fixed-price Contracts for these Services.

B. The price shall be evaluated in accordance with the evaluation factors identified within

Section M.

C. Respondents shall complete Section B.2, Pricing Schedule, for each proposed treatment location(s).

D. Respondents should refer to Section C.3 for requirements concerning site location(s).

E. Respondents should only include the subsidized Payment amount they expect to collect from the Department for evaluation, group, and individual treatment Services rendered.

B.1.3 Estimated Quantities

A. Sex Offender Treatment Services shall strive to operate at 10 Clients per group session. At no time shall a group exceed 12 Clients. The Contractor may offer for more than one group.

B. Individual sessions may be approved by the Program Supervisor in unusual situations as detailed in Section C.5.L. It is the Department's intent that group therapy is to be the primary treatment method, as noted in Sections C.5.I and C.5.N.

C. The Department shall pay for only one evaluation per Client in a 12-month period. If a Client undergoes a subsidized evaluation with one Contractor and then transfers to another contractor’s program during the same 12-month period, the Client is not eligible for another subsidized evaluation.

B.2 PRICING SCHEDULE

B.2.A Subsidized Services to be Performed at TDCJ Approved locations:

Locations may include District Parole Offices, Residential Reentry Centers, TDCJ Correctional Institutions Division sites, and private locations in various Texas counties, including rural counties.

Respondent: ___________________________________

Services to be Performed at Contractor’s Office Location(s):

Name and or Type:

Address:

City, State, Zip Code:

County:

Region:

Upon approval in writing from the TDCJ Specialized Programs providers may provide Services at District Parole Offices and Residential Reentry Centers. Services provided must not exceed maximum number of Clients allowed.

BASE PERIOD (03/01/26 – 08/31/26)

Evaluations: $ each (1 evaluation per Client per Fiscal Year)

SOCH Evaluation: $ each (1 evaluation per Client)

Group Sessions: $ per session per Client

Individual Sessions: $ per session per Client

OPTION PERIOD ONE (09/01/26 – 08/31/27)

OPTION PERIOD TWO (09/01/27 – 08/31/28)

OPTION PERIOD THREE (09/01/28 – 08/31/29)

B.2.B Non-Subsidized Services to be Performed at TDCJ Approved locations:

Locations may include District Parole Offices, Residential Reentry Centers, TDCJ Correctional Institutions Division sites, and private locations in various Texas counties, including rural counties.

Respondent: ___________________________________

Services to be Performed at Contractor’s Office Location(s):

Name and or Type:

Address:

City, State, Zip Code:

County:

Region:

Evaluations: $ _____ each (1 evaluation per Client per Fiscal Year)

SOCH Evaluation: $ _____ each (1 evaluation per Client)

Group Sessions: $ _____ per session per Client

Individual Sessions: $ _____ per session per Client

B.2.C Subsidized Virtual Sessions:

Subsidized Virtual Sessions will be on an as-needed basis, with written approval from the Director of Specialized Programs, or their designee.

B.2.D Non-Subsidized Virtual Sessions:

Non-Subsidized Virtual Sessions will be on an as-needed basis, with written approval from the Director of Specialized Programs, or their designee.

B.3 ALLOWABLE COSTS

The proposed budget shall include only costs that are reasonable, necessary, and allowable under state statutes, Department Policy, and federal cost standards. The Department shall make the final decision on the allowance or acceptability of a cost.

B.4 NON-ALLOWABLE COSTS

The proposed budget shall not include costs that are not allowed by the State or any authorized agency, statute, policy, or procedure. Types of non-allowable costs may include but are not limited to, alcoholic beverages, bad debts, fundraising, political lobbying, and tobacco products.

696-PD-25-P006 Section C

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

A. Pursuant to Texas Government Code, Section 508.316(a)(3), the Department requires a Contractor(s) to provide Services in counties throughout the State of Texas.

B. Clients are identified as Sex Offenders, or Clients who have been identified as requiring a Sex Offender evaluation or Sex Offender Treatment Services and are supervised by the TDCJ-PD.

C. Clients shall be felony Clients who:

1. Have a history of at least one conviction for sexually deviant behavior;

2. Have displayed sexually deviant behavior during the commission of any offense resulting in a conviction;

3. Admitted to committing sexually deviant behavior;

4. Requested treatment;

5. Required by the terms of their supervision to attend treatment; or

6. Submitted to a Sex Offender evaluation.

D. The program goals of the Department are to use limited financial resources to subsidize the treatment costs for evaluations, group therapy, and individual sessions for Clients requiring financial assistance to facilitate availability of treatment, prevent recidivism, and retain qualified Treatment Providers. The TDCJ-PD officials will administer the Sex Offender Treatment Program.

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES, AND LAWS

The Contractor shall provide the Services in accordance with applicable federal and state law, including all constitutional, legal, and Court Ordered requirements, whether now in effect or hereafter effected or implemented. The Contractor shall comply with Department Policies, procedures, personnel directives, regulations, safety requirements, and reporting procedures during the Contract Term.

When differences between applicable standards exist, the higher standard, as defined by the Department, will prevail. The specified requirements and standards will serve as the benchmark for monitoring the Contractor’s performance under this Contract.

The Contractor’s written requests for deviations from said policy statements shall originate from the Authorized Representative of the Contractor and shall be forwarded to the TDCJ- PD Director. The Contractor’s written requests for deviations shall specify the deviation, with justification, and reference the policy number/procedure, section, paragraph, etc.

C.3 LOCATION OF TREATMENT SITE

A. Scheduling sessions shall be made at the convenience of Department staff, Clients, Treatment Provider, and the treatment location.

1. Upon written approval from the Director of Specialized Programs or designee, the Contractor may provide treatment at a TDCJ-PD District Parole Office (DPO) or Residential Reentry Center. The Director of Specialized Programs or designee can withdraw this approval with 30 Days written notice.

2. Upon unforeseen or unusual incidents, the Contractor may provide treatment at a location geographically more convenient for Clients upon written approval from the Director of Specialized Programs or designee or to attend treatment sessions with their current Treatment Provider in a location where the Treatment Provider is not under Contract if such provision of Service promotes continuity of care.

3. Any proposed change in treatment location must be submitted to the Program Supervisor in writing via email to Specialized Programs at Specialized_Programs_SO_Program@tdcj.texas.gov and requires approval from the Director of Specialized Programs prior to Services commencing at the new treatment location under the terms of this Contract.

4. The Contractor shall not provide treatment at any location not approved in writing by the Director of Specialized Programs.

B. In the event Services are provided at a TDCJ-PD District Parole Office, the Contractor shall not use the Department’s computers, copiers, and other office equipment. The Contractor may use space and furniture such as chairs to facilitate the treatment groups. If approved by the office manager, the Contractor may have an area to pick up referral packets and drop off treatment reports.

C. The Contractor shall submit non-Department location addresses annually by

September 30th for review to determine whether they are within a Child Safety Zone.

1. New locations must be approved and certified by the Parole Division prior to relocation.

2. The Parole Division shall, on an annual basis (based on Contract award date), verify the Service locations and notify the Contract Specialist if the Contractor is out of compliance.

3. If a treatment location is determined to be in a Child Safety Zone, the Director of

Specialized Programs will approve the location, or the Contractor will be required to provide Services at an alternative location approved by the Department. The Contractor shall, under no circumstances, provide Services at a location within a Child Safety Zone without prior written approval from the Director of Specialized Programs.

D. A list of District Parole Offices and Residential Reentry Centers can be found on the

TDCJ website at https://www.tdcj.texas.gov/divisions/pd/index.html#Parole.

C.4 MANDATORY REQUIREMENTS FOR SEX OFFENDER TREATMENT PROVIDERS

These requirements apply to each Treatment Provider who facilitate groups, conduct individual sessions, or conduct evaluations for Clients under the terms of this Contract.

A. The Contractor shall ensure Treatment Providers meet criteria established by the

Council on Sex Offender Treatment (CSOT) pursuant to the requirements set out in the Texas Administrative Code, Title 22, Part 36, Chapter 810. Licenses are required to be valid continuously throughout the term of the Contract. The Contractor shall provide acceptable documentation of having met these criteria by submitting a copy of current licenses with CSOT and primary professional licenses, to the Program Supervisor.

B. The Contractor shall submit background and experience providing treatment and assessing Sex Offenders for all Treatment Providers. This description shall include the number of years working with Sex Offenders and the average number of Sex Offenders served in a year.

C. The Contractor shall ensure the Treatment Provider’s training hours includes victim training and the treatment of Sex Offenders with mental health impairments and substance abuse problems and provide annual documentation of completion of the training hours.

D. A criminal history check afforded by the Department will be conducted on all persons having contact with Clients in the therapeutic environment. Selection as a Treatment Provider award will be contingent on a clear criminal history background.

1. The Department reserves the right to approve any subsequent hires who have a criminal history. If the criminal history is disapproved by the Department, the subsequent prospective Treatment Provider shall not provide Services under the terms of this Contract.

2. Treatment Providers who have a conviction or a deferred adjudication for a sexual offense shall not be approved by the Department to provide Services under the terms of this Contract.

3. All prospective Treatment Providers who currently or previously worked for the

Department must authorize the Department to release to the Contractor information concerning all disciplinary actions taken during their employment with the Department as well as their Department re-hire eligibility status. The Director of Specialized Programs, or their designee, will determine employment eligibility for any Treatment Provider who was previously employed by the Department and resigned during a disciplinary investigation.

E. Treatment Providers who do not meet the requirements of Sections C.4.A-C may co-facilitate a group ONLY with an approved Treatment Provider. Persons who do not meet the requirements of Section C.4.D shall not provide Services under the terms of this Contract.

F. The Contractor shall maintain a professional and courteous relationship with all

Department staff and Clients.

1. Treatment Providers shall not engage in non-professional relationships with current or former Clients. Examples of non-professional relationships include, but are not limited to: treatment of family members, close friends, employees, supervisors, or supervisees; any interactions or contact outside of treatment;

contracting or subcontracting for work, hiring or paying for, labor or services; or personal relationships outside of the therapeutic environment.

2. Treatment Providers shall not knowingly offer or provide counseling, treatment, or other professional interventions to an individual currently receiving Sex Offender Treatment Services from another licensed Sex Offender Treatment Provider;

except with that provider’s knowledge and written approval. If the Treatment Provider learns of such dual counseling, treatment, or other professional interventions, the treatment provider shall immediately notify the other provider and the TDCJ-PD.

G. The Contractor shall make themselves available in a timely manner to Parole Officers for purposes of treatment team meetings and other necessary meetings and contacts.

H. The Contractor shall be required to have access to the Internet.

I. The Contractor shall furnish a receipt to the Client for every financial transaction, in which the Client pays the Contractor and shall maintain a copy of each receipt as well as a log of all Client financial transactions for review by the Department. The Contractor must offer enough payment method options to reasonably accommodate a Client. Any means of payment must be conducive to a method of maintaining receipts and a log of transactions. Any means of payment must also maintain client confidentiality.

C.5 MANDATORY REQUIREMENTS FOR SEX OFFENDER TREATMENT SERVICES

A. When completing an initial evaluation, the Contractor/Treatment Provider shall conduct: (1) a clinical interview, (2) a risk assessment, and (3) a psychological or physiological assessment. Any other techniques or tests shall be approved by the Program Supervisor prior to the Contractor/Treatment Provider conducting the evaluation. The interview for subsequent evaluations conducted by the Contractor/Treatment Provider is not required to be a clinical interview. The Contractor/Treatment Provider may utilize the following assessment tests for the purposes of an evaluation without requesting approval:

1. Personality Assessment Inventory (PAI);

2. Multiphasic Sexual Inventory (MSI-II);

3. Minnesota Multiphasic Personality Inventory (MMPI-2 and MMPI-2RF);

4. Millon Clinical Multiaxial Inventory (MCMI-III);

5. Polygraph (to be administered by a Joint Polygraph Committee on Offender

Testing (JPCOT) recognized polygraph examiner);

6. Abel Screen;

7. Affinity Assessment;

8. Abel and Becker Cognitions Scale;

9. Hare Psychopathy Test (Hare-PCL-R);

10. Shipley Institute of Living Scale;

11. Level of Service Inventory-Revised (LSI-R);

12. Violence Risk Appraisal Guide;

13. Sex Offender Risk Appraisal Guide;

14. Bumby Cognitive Distortions Scale;

15. Wilson Sex Fantasy Questionnaire;

16. Sexual Adjustment Inventory;

17. Burt Rape Myth Acceptance Scale;

18. Hanson Sex Attitudes Questionnaire;

19. Stable 2007 (or current version as revisions are made);

20. Acute 2007 (or current version as revisions are made);

21. Minnesota Sex Offender Screening Revised (MnSOST-R);

22. Rapid Risk Assessment for Sex Offense Recidivism (RRASOR);

23. Plethysmograph;

24. Static 99 or Static 99R; and

25. Static 2002.

B. The Contractor shall submit a concise and complete description of the evaluation process (Treatment Components) to include the tools utilized, demonstrating compliance with Section C.5.A.

C. The Contractor/Treatment Provider shall conduct an evaluation and submit the report to the Parole Officer within 30 Days from the date the evaluation was completed.

Evaluations are to be completed as seen below and in accordance with TDCJ-PD Policy and Operating Procedure 3.6.9, Sex Offender Treatment and Polygraph Guidelines.

1. Sex Offenders without a sex offense conviction: Within 60 Days of release or imposition of Special Condition “O.33” – Sex Offender Evaluation.

2. Sex Offenders with a sex offense conviction: Within 60 Days of release or imposition of Special Condition “O.33” – Sex Offender Evaluation.

Sex Offenders with a sex offense conviction: Within 60 Days of release or imposition of Special Condition “X,” unless the Contractor/Treatment Provider refuses to accept the Client into treatment without first conducting an initial evaluation. In that circumstance, the Contractor/Treatment Provider shall conduct an evaluation and submit the report to the Parole Officer within seven Days.

3. The evaluation report shall be in a summary format addressing, at a minimum, the following:

a. Completion date of evaluation;

b. Treatment site location of evaluation;

c. Reason for Referral/Referral Issue;

d. Techniques Administered/Methodology;

e. Clinical Observation;

f. Test Results; and

g. Conclusions and Recommendations.

D. Evaluations for Clients without a sex offense conviction shall answer the following additional referral questions in the evaluations:

1. Does this Client demonstrate a failure to exercise sexual control or have a history of failure to exercise sexual control that necessitates Sex Offender Treatment at this time?

2. What are the risk factors specifically?

3. If treatment is recommended, how will treatment be formulated to mitigate this risk?

E. The Contractor shall submit an example or outline of an evaluation report (Treatment

Components) demonstrating compliance with Section C.5.C.

F. The Contractor shall utilize the Cognitive Behavioral Relapse Prevention Model of Treatment (Treatment Components) and implement the techniques as specified in CSOT Rules to include, but not limited to:

1. Arousal or impulse control;

2. Cognitive Behavioral Treatment;

3. Sex Offense Sequence/Re-offense Prevention;

4. Victim empathy;

5. Client's victimization issues;

6. Increase Social Competence;

7. Chaperones;

8. Improving Primary Relationships;

9. Support Systems;

10. Adjunct Therapies;

11. Assessment of progress in treatment; and

12. Aftercare planning/treatment.

G. The Contractor shall submit a concise and complete description of their structured treatment program (Treatment Components) that demonstrates compliance with Section C.5.F. This description shall include the estimated length of the treatment program for each stage/phase of treatment.

H. The Contractor shall submit a description and/or outline of homework assignments utilized during each stage/phase of the treatment program.

I. The Contractor/Treatment Provider shall use group therapy as the primary treatment method except as described in Section C.5.L.

J. The Contractor/Treatment Provider shall prepare Clients for polygraph testing.

1. The Parole Officer will make referrals for polygraph exams which will be completed as follows:

a. An instant offense examination, which refers to a polygraph over the sexual offense, shall be conducted within six months of release to supervision for Clients who are in denial of the offense.

b. A sexual history disclosure examination, which covers the Client’s lifetime prior to the most current sexual offense or release to supervision, will be conducted within six months of release to supervision for Clients who admit their offense and within nine months of release to supervision for Clients who require an instant offense examination. The Contractor/Treatment Provider shall collaborate with the Parole Officer and polygraph examiner (treatment team) early in treatment to prepare the Client for the sexual history polygraph.

c. A maintenance or monitoring examination, which covers the timeframe from the most current sexual offense, release to supervision, or since the last polygraph to the present time (whichever occurred last), will be conducted after the initial sexual history or instant offense is completed, based on Static- 99/Static-99R. Once a Texas Risk Assessment System (TRAS) has been completed, the frequency of the maintenance or monitoring polygraphs shall be as follows:

i. High-risk Clients – Every six months; and

ii. Moderate and low risk Clients – Annually.

2. Prior to the polygraph examination, the Parole Officer, the Contractor/Treatment

Provider, and the polygraph examiner shall jointly agree as to questions that will be asked of the Client.

K. The Contractor/Treatment Provider and Client shall develop high-risk plans for the Client which will address compliance and re-offense prevention strategies. The Contractor/Treatment Provider shall approve the high-risk plan for the Client.

L. Individual counseling sessions may be appropriate when it is evident a Sex Offender’s needs cannot be met in a group setting. This may include, but is not limited to, a female Client in an all-male group, a Client who needs accommodations related to the Americans with Disabilities Act, a Client who poses a threat to the community, or a crisis is present. In the event individual sessions are required, the Treatment Provider shall request individual sessions through the Parole Officer to Specialized Programs for approval. The Program Supervisor shall approve individual sessions prior to these sessions commencing and in concert with the Treatment Provider, determine how many individual sessions will be necessary under the terms of the Contract. Back Payment will not be made for individual sessions conducted without prior approval.

Individual Virtual Sessions may be provided in lieu of face-to-face sessions when a Sex Offender’s needs limit their ability to meet in person, upon approval from

Specialized Programs. The request will be reviewed and a written response from the Director of Specialized Programs or designee will be provided.

M. The Contractor shall accept all referrals according to the description specified in

Sections B.1 and C.1.

N. The Contractor/Treatment Provider shall conduct weekly group sessions for 90 minutes with a minimum of 75 minutes of face-to-face contact per session.

The Treatment Provider may provide 90-minute, weekly group sessions as Virtual Sessions in lieu of face-to-face groups with the same time length requirements, with approval. The Treatment Provider shall submit a written request for approval to provide Virtual Sessions to the Program Supervisor. The request shall provide the rationale for the Treatment Provider’s desire to provide virtual sessions. The request will be reviewed, and a written response from the Director of Specialized Programs or designee will be provided.

If a group session is cancelled or rescheduled, the Contractor/Treatment Provider shall make attempts to notify Clients of cancelled or rescheduled groups and notify the Parole Officer or Parole Supervisor two hours prior to the start of the group session.

In the event of two or more cancellation and/or rescheduled sessions in a month, a meeting between the Contractor and the Department will be required. In an emergency situation, the Contractor/Treatment Provider shall contact the Parole Officer or Parole Supervisor as soon as possible.

In the event a treatment group consists exclusively of developmentally delayed Clients or has only a few Clients and requires less than a 90-minute session, the Contractor shall submit a request for approval to the Program Supervisor. The request will be reviewed, and a written response from the Director of Specialized Programs or designee will be provided.

O. The Contractor/Treatment Provider may waive sessions for the following reasons:

1. Illness of Treatment Provider or in Treatment Provider's immediate family.

2. Treatment Provider's vacation (maximum of four weeks per year). If the Treatment

Provider is on vacation, the Treatment Provider shall coordinate with the Parole Supervisor(s) via email to ensure coverage for groups. If multiple DPOs are represented in a group, each Parole Supervisor shall be cotacted. The Contractor shall only utilize approved Treatment Providers to cover groups.

3. Holidays - At the Contractor's discretion, sessions may be waived on:

New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Eve Day Christmas Day Day After Christmas

4. Attendance at professional training, seminars, or workshops, not to exceed 15 hours per year, in order to maintain or enhance licensure, certification, or registration as a Treatment Provider, or to enhance skills in Sex Offender treatment. Treatment Providers shall coordinate with Parole Supervisor(s) to ensure coverage for groups to minimize the disruption of Services. The Contractor shall only utilize approved Treatment Providers to cover groups. This waiver does not include post-graduate education that may interfere with a regular schedule of sessions.

P. The Department will not pay the Contractor for waived sessions.

Q. The Contractor/Treatment Provider shall submit the TDCJ-PD Attendance Roster &

Billing Invoice, PMS-41 (Exhibit J.5), to the Sex Offender Program Unit Supervisor in the assigned DPO by the fifth Day of each month for group sessions provided the previous month.

R. The Contractor/Treatment Provider shall document progress notes in the Client’s record for each counseling session attended and each evaluation completed. Upon the Treatment Provider's identification of a substance abuse problem, the Treatment Provider shall document in the Client's progress notes the date and nature of the problem and any resulting referral or service provided.

S. The Contractor/Treatment Provider shall submit the TDCJ-PD Sex Offender

Treatment Progress Report, PMS-31 (Exhibit J.6), to the Parole Officer on the progress of each Client receiving Services. This report shall be completed and submitted by the 10th Day after the Client's first full month of enrollment and then every three months thereafter. If special circumstances arise (e.g., transfer of supervision, termination, revocation hearing) that result in a Parole Officer requesting an unscheduled progress report, the Contractor shall provide the requested report within five Days to the Parole Officer. Upon the Client's termination from the program, either satisfactory or unsatisfactory, the "Termination/Discharge Summary" portion of the progress report shall be submitted by the Contractor to the Parole Officer.

T. The Contractor/Treatment Provider shall complete and submit a written treatment plan to the Parole Officer within 30 Days after the Client's enrollment in the Contractor's treatment program. This plan shall be updated by the Contractor/Treatment Provider and submitted to the Parole Officer as needed depending upon the Client's progress.

U. The Contractor shall submit an example of a written treatment plan.

V. The Contractor/Treatment Provider shall notify the appropriate Parole Officer or

Officer’s Unit Supervisor within two Working Days when any Client:

1. Fails to attend the initial or any subsequent treatment session pursuant to Texas Government Code, Section 508.187(c)(3);

2. Refuses to pay for treatment when an ability to pay has been established;

3. Displays disruptive behavior; or

4. Manifests signs of re-offending.

W. The Contractor shall respond to requests for information from Department staff and/or

Clients on a monthly basis.

X. The Contractor, Treatment Provider, and Parole Officer shall jointly agree upon the course of treatment, to include:

1. Attendance frequency (not to exceed one group session per week) and any resulting modifications;

2. Other treatment referrals;

3. Treatment goals and plan of action; and

4. Termination from treatment, unless the Client poses a physical threat to the

Contractor, Treatment Provider, or other Clients. Notification under these circumstances shall be made to the Parole Officer or the Unit Supervisor via telephone no later than the next workday. Clients may be asked by the Treatment Provider to leave the counseling session due to disruptive behavior; however, final termination shall be jointly agreed upon by the Contractor, Treatment Provider, and the Parole Officer.

Note: Disputes pertaining to this Section may be submitted to the Program Supervisor.

Y. Clients who, after six months in a group treatment program, remain in denial of their offense and are not willing to address their deviant patterns, shall have supervision and treatment consequences imposed jointly by the Parole Officer and the Contractor.

The Contractor shall establish a policy on how denial will be handled, with consideration given to therapeutic and community safety issues, for TDCJ-PD approval.

Z. The Contractor shall adopt and implement policies and procedures necessary to ensure the Services provided pursuant to this Contract comply with the Americans with Disabilities Act, 42 U.S.C.A., Sections 12101-12213 (1990) as amended, and the Rehabilitation Act of 1973, 29 U.S.C.A., Sections 701-797b (1973).

AA. The Contractor shall comply with performance outcome measures for all subsidized and non-subsidized Clients, and the measurement of such. The Contractor shall report the measures to the Program Supervisor by the 30th Day of the month following the end of each Quarter (due dates are December 30, March 30, June 30, September 30).

The Contractor shall provide Services and conduct business in a manner necessary to achieve such outcome measures and targets. The Contractor shall utilize outcome measures and report the measures using the format detailed in TDCJ-PD Sex Offender Program Performance Measures Worksheet (Exhibit J.11).

BB. Pursuant to Texas Government Code, Section 493.017, the Contractor shall report in writing to the Parole Officer by the 15th Day of each month the total number of counseling sessions attended by each Client receiving Services from the Contractor, to include both subsidized and non-subsidized Clients; and if a Client terminates counseling in the program, and the reason for the Client's termination.

CC. The Contractor shall respond in person to any subpoenas issued by the TDCJ-PD with regards to administrative hearings. See Section C.7.C.

DD. The Contractor shall be available for meetings with the Department to include required staffing, team meetings, and discussions upon request.

C.6 CLIENT REFERRAL PROCESS

The Parole Officer will determine whether a Client's financial status qualifies the Client for subsidized Services. The Contractor shall establish a Client co-payment based on the Contractor’s/Treatment Provider's personal sliding fee scale and provide documentation to the Program Supervisor and the Parole Officer. The Contractor shall maintain a copy in the Client’s file. All Clients shall pay a minimum of $2.00 per group session unless the Contractor waives this fee.

A. The Parole Officer will make Client referrals to the Contractor in accordance with the criteria defined in Section C.1. The referral packet will be submitted to the Contractor within five Days of referral (in a manner agreed upon by the Contractor and the Parole Officer) and shall contain:

1. TDCJ-PD Sex Offender Treatment/Polygraph Referral Information, PMS-27

(Exhibit J.7), specifying the reason for the treatment referral;

2. Copies of the Client's certificate of release, signed Notice of Special Conditions form, case summary, court documents, and offense report; and

3. Additional evidence to include, but not limited to previous evaluations or polygraphs, mental health diagnosis and treatment and substance abuse information; and

4. TDCJ-PD Disclosure of Information and Waiver of Confidentiality, PMS-33 (Exhibit

J.8), signed by the Client which allows the Parole Officers to observe counseling groups and allows Department staff to exchange information with the Contractor regarding the progress and behavior of the Client.

B. The Parole Officer will request approval for a subsidized evaluation from Specialized

Programs. Once approval is granted, the Parole Officer will contact the Contractor to schedule the evaluation. The Parole Officer will prepare the TDCJ-PD Services Invoice, PMS-34 (Exhibit J.9). PMS-34 and the approval email shall be submitted to the Contractor. Without PMS-34 and the approval email, the Services shall not be conducted.

C.7 SECURITY OF RECORDS AND DISCLOSURE OF INFORMATION

A. The Contractor shall require staff providing specified Services meet sufficient standards of integrity to ensure that:

1. The confidentiality of Client records is not compromised;

2. Unauthorized access to Client records is not allowed and no information is disclosed to any third party without written authorization from the Department.

TDCJ-PD Disclosure of Information and Waiver of Confidentiality, PMS-33 (Exhibit J.8), may be used by the Client to authorize the release of treatment information;

and

3. Information considered to be “sensitive” shall not be disclosed, copied, transmitted, or used for any purpose other than for the performance of Services contemplated herein. This may include treatment records of programs a Client attended while in the custody of the Department that are provided to enhance the Clients’ continuity of treatment in the community.

B. The Contractor shall notify the Department at

Specialized_Programs_SO_Program@tdcj.texas.gov immediately upon receipt of any legal process requiring disclosure of Client records.

C. The Contractor shall, upon request of the Department or in response to a subpoena or subpoena duces tecum, appear or submit an affidavit and testify in any legal proceedings convened by a court of competent jurisdiction or the Department. The Contractor shall, when appearing for such legal proceedings, also present requested documents that have been maintained regarding that Client.

C.8 DEPARTMENT POLICIES AND PROCEDURES

The Contractor and its employees/subcontractors shall adhere to the TDCJ’s Personnel Directives listed below and available on the Department’s website at https://www.tdcj.texas.gov/divisions/hr/hr-policy/:

A. PD-03, Employee ID Cards;

B. PD-04, Data Use and Non-Disclosure Agreement;

C. PD-17, Drug-Free Workplace;

D. PD-22, General Rules of Conduct and Disciplinary Action Guidelines for Employees;

E. PD-27, Employment Status Pending Resolution of Criminal Charges or Protective

Orders;

F. PD-29, Sexual Misconduct with Inmates; and

G. PD-75, Applicants with Pending Criminal Charges or Prior Criminal Convictions.

https://www.tdcj.texas.gov/divisions/hr/hr-policy/

696-PD-25-P006 Section D

SECTION D – REPORTS AND DATA

D.1 REPORTS REQUIRED FROM CONTRACTOR

The reports in this Section are required to be submitted by the Contractor during the course of the Contract. These reports may be revised, or additional reports may be required at the Department’s sole discretion.

SEND TO DUE DATE DOCUMENT/REPORT AUTHORITY

MONTHLY

Sex Offender Program Unit Supervisor in the assigned DPO

By the fifth Day of the following month

TDCJ-PD Attendance Roster & Billing Invoice, PMS-41, Exhibit J.5

Contract Sections C.5.Q and G.3.A

Local Parole Officer

By the 15th Day of each month

Monthly Report with the total number of counseling sessions attended by each Client, both subsidized and non-subsidized Clients, and if a Client terminates…