ESBD_File_335082_696-PD-23-P006.pdf

Our mission is to provide public safety, promote positive change in offender behavior, reintegrate offenders into society, and assist victims of crime.

P.O. Box 99 Huntsville, Texas 77342-0099

(936) 437-7015 www.tdcj.texas.gov

T e x a s D e p a r t m e n t o f C r i m i n a l J u s t i c e

Bryan Collier

Executive Director

August 30, 2023

NOTICE

ATTN: Sex Offender Treatment Services Providers

CLASS/ITEM: 952-17, 952-21, & 952-71

Solicitation No. 696-PD-23-P006

The Texas Department of Criminal Justice (TDCJ) hereby provides notice of a Request for Proposal (RFP) for all interested and qualified Contractors of Sex Offender Treatment Services.

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.

The Contract Term shall include a Base Period of approximately (2) years, subject to the availability of appropriated funds, with two

(2) one (1) year renewal options to extend services for a potential Contract period of approximately four (4) years.

The deadline for receipt of proposals is 3:00 P.M. Central Time on September 22, 2023. The TDCJ will hold a pre-proposal teleconference on Wednesday, September 6, 2023. Respondents must contact the Contract Specialist twenty-four (24) hours prior to the scheduled teleconference date and time to obtain dial-in information. Attendance is not mandatory, however the TDCJ will not be held responsible for any information discussed at the pre-proposal teleconference. Late proposals will not be accepted. Proposals that do not meet specifications shall be disqualified. Documents that do not have signatures, are incomplete, or are not legible shall be disqualified.

Respondents who download the RFP must submit their name, address, and email address to the Contract Specialists listed below to ensure they receive amendments. Amendments to this Solicitation will be posted on the Electronic State Business Daily (ESBD), however, the TDCJ will not be responsible for any Respondent’s failure to receive amendments or changes if the Respondent has not submitted their contact information. This information may be submitted by email.

All communications and questions concerning this Solicitation, including any of a technical nature, must be made in writing to the Contract Specialists listed on the Solicitation, Offer and Award form, page 1, Block 5. Thank you for your interest in conducting business with the TDCJ. If you have any questions, please contact me.

Thank you for your interest in conducting business with the Texas Department of Criminal Justice. If you have any questions, please call me at (936) 437-3807 or Lynne Piippo at (936) 437-3834.

Sincerely, Nikala Deveraux Lynne Piippo

Nikala Deveraux, CTCD, CTCM Lynne Piippo, CTCD, CTCM Texas Department of Criminal Justice Contracts and Procurement Department Contract Administration Branch Two Financial Plaza, Suite 703 Huntsville, Texas 77340 Email: nikala.deveraux2@tdcj.texas.gov Email: lynne.piippo@tdcj.texas.gov

SOLICITATION, OFFER AND AWARD

1. CONTRACT NO.

2. SOLICITATION NO.

696-PD-23-P006

3. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFO)

NEGOTIATED (RFP)

4. DATE ISSUED

August 30, 2023

SOLICITATION

5. Sealed offers will be received by the Department until 3:00 p.m. Central Daylight Time (CDT) on September 22, 2023, and submitted to:

Texas Department of Criminal Justice Contracts and Procurement Department Contract Administration Branch, Two Financial Plaza, Suite 703 Huntsville, Texas 77340 Attention: 696-PD-23-P006

6. FOR INFORMATION CONTACT:

Contract Specialists:

Nikala Deveraux, CTCD, CTCM or Lynne Piippo, CTCD, CTCM

TELEPHONE: (936) 437-3807 or (936) 437-3834 EMAIL: nikala.deveraux2@tdcj.texas.gov or lynne.piippo@tdcj.texas.gov

OFFER (Must be fully completed by Respondent)

7. DISCOUNT FOR PROMPT PAYMENT: 10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

8. ACKNOWLEDGMENT OF AMENDMENTS:

The Respondent acknowledges receipt of amendments to the SOLICITATION for Respondents and related documents numbered and dated:

AMENDMENT NO. DATE AMENDMENT NO. DATE

9. NAME AND ADDRESS

OF RESPONDENT:

10. NAME AND TITLE OF PERSON AUTHORIZED TO

SIGN OFFER (Type or Print)

11. TELEPHONE NO. (Include area code)

12. SIGNATURE

13. OFFER DATE

TO BE COMPLETED AT TIME OF AWARD

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

This award consummates the Contract which consists of the following documents: (a) the State’s solicitation, and solicitation amendments, such provisions, representations, certifications, specifications, and negotiated changes as hereby incorporated and attached to this award; (b) the Contractor’s offer, points of clarification, responses to clarification request and/or best and final offer, and negotiated changes as hereby incorporated and attached to this award; and (c) this award.

In the event of a conflict between any terms and conditions of this Contract document with the Contractor’s offer, points of clarification and/or best and final offer, the terms which are more favorable to the Department shall prevail.

The total amount for the Base Period (Upon Signature of Both Parties – August 31, 2025) shall not exceed $ .

Contractor Texas Department of Criminal Justice

By: By:

Name: Bryan Collier Title: Title: Executive Director Date: Date:

Summary of Key Dates for Proposal Submission

August 30, 2023 Post to ESBD

September 6, 2023 10:00 a.m. Pre-Proposal Teleconference

September 8, 2023 3:00 p.m. Last Day to Submit Written Questions for

Clarification to the Department

September 15, 2023 3:00 p.m. Last Day to Submit Responses to

Respondents Questions

September 22, 2023 3:00 p.m. Deadline for Receipt of Proposals in

Huntsville Late Offers will not be accepted.

Upon Signature of Both Parties Service Commencement Date

TABLE OF CONTENTS

PAGE

TABLE OF CONTENTS

SECTION A - CONTRACT 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 PRICING SCHEDULE

B.2 PRICING SCHEDULE

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

C.5 MANDATORY REQUIREMENTS FOR SEX OFFENDER TREATMENT SERVICES

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 MONITORING CRITERIA

E.4 AUDITS BY OTHER AGENCIES

E.5 FRAUD, WASTE OR ABUSE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE

F.2 CONTRACT TERM

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST, PROGRAM

SUPERVISOR 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.9 SECURITY

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

INDEMNIFICATION

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 OPTION TO EXTEND THE TERM OF THE CONTRACT

I.13 OPTION TO EXTEND SERVICES

I.14 SEVERABILITY

I.15 IMMIGRATION

I.16 NO LIABILITY UPON TERMINATION

I.17 LIMITATION ON AUTHORITY

I.18 INTELLECTUAL PROPERTY INDEMNIFICATION

I.19 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER 213

I.20 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE OWNERSHIP) .. 50

I.21 FORCE MAJEURE

I.22 NOTICES

I.23 SUBSTITUTIONS

SECTION J - LIST OF EXHIBITS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

RESPONDENTS

K.1 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

K.1.1 Definition K.1.2 HUB Representation

K.2 FRANCHISE TAX REPRESENTATION

K.3 TYPE OF BUSINESS ORGANIZATION

K.4 REPRESENTATIONS OF RESPONDENT

K.4.1 Organization and Qualification K.4.2 Authorization K.4.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.4.4 No Defaults under Agreements K.4.5 Compliance with Laws K.4.6 No Litigation K.4.7 Taxes K.4.8 Financial Statements K.4.9 No Adverse Change K.4.10 Disclosure K.4.11 No Collusion K.4.12 Disclosure of Interested Parties K.4.13 Notification K.4.14 Deceptive Trade Practices; Unfair Business Practices

K.5 REPRESENTATIONS OF THE DEPARTMENT

K.5.1 Authorization K.5.2 No Violation of Agreements K.5.3 Disclosure

K.6 AUTHORIZED NEGOTIATORS

K.7 PAYEE IDENTIFICATION NUMBER

K.8 POINT OF CONTACT

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO RESPONDENTS

L.1 AMENDMENTS TO SOLICITATIONS

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF PROPOSALS

L.3 SIGNATURES ON PROPOSALS SUBMITTED

L.4 PROPOSAL ACCEPTANCE PERIOD

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 PROPOSAL PREPARATION INSTRUCTIONS

L.7.1 Volume One – Introductory Portion of Proposal L.7.2 Volume Two – Technical Portion of Proposal L.7.3 Volume Three – Price Proposal L.7.4 Volume Four – HUB Subcontracting Plan (HSP)

L.8 DISCUSSION AND CORRESPONDENCE

L.9 LEGISLATIVE BUDGET BOARD (LBB) POSTINGS

L.10 PRE-PROPOSAL TELECONFERENCE

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

M.3.5 Credentials/Qualifications M.3.6 Site Suitability

696-PD-23-P006 Section A

SECTION A - CONTRACT DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below:

ASOTP means Affiliate Sex Offender Treatment Provider actively working under the supervision of an LSOTP supervisor.

Authorized Representative means 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 hereto as described in Section G.2.1.

Biennium means any of the two (2) 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.

Child Safety Zone means the designated five hundred (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, swimming pools or video arcades. Any area within five hundred (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.

Client means 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.

Compliance Standards means 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 means the Department employee responsible for non-technical administration of this Contract, as described in Section G.2.2.

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

Contractor means the individual, partnership or corporation who performs Services under this Contract.

Court Orders means 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 operations, management, or maintenance of the Facility and relate to the custodial care of Clients.

CSOT means the Council on Sex Offender Treatment, a part of the Texas Department of State Health Services (DSHS), that develops rules and regulations for treatment of Sex Offenders.

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

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

Department Policy/Policies means 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.

Distance Services means the utilization of technology to substitute in-person delivery of counseling or therapy services.

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

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

LSOTP means a Licensed Sex Offender Treatment Provider.

Material Failure means the failure of a party to fulfill one (1) or more obligations essential to achieving the purpose of the Contract.

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

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

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

Payment(s) means the amount(s) agreed to be paid by the Department to the Contractor for Services under this Contract.

PD means the Texas Department of Criminal Justice’s Personnel Directives.

Program Supervisor means the Department employee (Specialized Programs Sex Offender Parole Officer IV) responsible for technical administration of this Contract, as described in Section G.2.3.

Respondent means any person who submits a Response to this solicitation.

Service Commencement Date means the date on which the Contractor shall begin providing Services pursuant to this Contract. For the purpose of this Contract, that date is Upon Signature of Both Parties.

Service(s) means delivery by the Contractor of the requirements in accordance with the terms and conditions of this Contract.

Sex Offender means 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) means 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) means treatment modalities as described by Texas Administrative Code, Title 22, Part 36, Chapter 810.

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

Subcontractor means a person or organization who contracts under, for the performance of part, or the entire Contract between the Department and the Contractor. The subcontract may be direct with the Contractor or with another subcontractor.

TBCJ means the Texas Board of Criminal Justice.

TDCJ means the Texas Department of Criminal Justice., an agency of the State of Texas.

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

Treatment Provider means 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.

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

USOBP means Upon Signature of Both Parties.

Working Day means Monday through Friday, unless a nationally recognized holiday or other holiday observed by the Agency.

696-PD-23-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 subsidized, non-subsidized, and virtual sessions. for Payment of 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 ten (10) Clients per group session.

At no time shall a group exceed twelve (12) Clients, unless special situations arise. In the case of such situations, the expanded group size must be approved in writing by the Program Supervisor. The Contractor may offer for more than one (1) group. Proposals shall be submitted based on the number of Clients.

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 twelve (12) month period. If a

Client undergoes a subsidized evaluation with one (1) Contractor and then transfers to another contractor’s program during the same twelve (12) month period, the Client is not eligible for another subsidized evaluation.

B.2 PRICING SCHEDULE

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, to include rural counties.

Respondent:

Services to be Performed at:

Location Name and/or Type

Street address

City, Zip Code, and County

Region

Maximum Number of Clients to Serve (See G.4.1.E):

BASE PERIOD (USOBP – 08/31/25)

Evaluations: $ each (1 evaluation per Client per Fiscal Year) (See G.4.1.C)

SOCH Evaluation: $ each (1 evaluation per Client) (See G.4.1.D)

Group Sessions: $ per session per Client (See G.4.1.E)

Individual Sessions: $ per session per Client (See G.4.1.F)

OPTION PERIOD ONE (09/01/25 – 08/31/26)

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

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, to include rural counties.

Respondent:

Services to be Performed at:

Location Name and/or Type

Street address

City, Zip Code, and County

Region

Maximum Number of Clients to Serve (See G.4.1.E):

(The respondent should also include their methodology for their sliding fee scale)

Virtual sessions:

Virtual sessions will be on an as-needed basis, at the 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-23-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 is supervised by the TDCJ-PD.

C. Clients shall be felony Clients who:

1. Have a history of at least one (1) 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 in order 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 for sessions shall be made at the convenience of Department staff, Clients, Treatment Provider, and the treatment location.

B. The Contractor may provide treatment at a TDCJ-PD District Parole Office, Residential Reentry Center, privately owned/leased location, or in another area geographically more convenient for Clients, upon approval in writing from the Director of Specialized Programs or designee at Specialized_Programs_SO_Program@tdcj.texas.gov. Upon unforeseen or unusual incidents, a Client may be allowed to attend treatment with their current Treatment Provider in an area where the Treatment Provider is not under Contract if such provision of Service promotes continuity of care. Any proposed change in treatment location must be submitted to the Program Supervisor in writing and requires approval from the Director of Specialized Programs prior to Services commencing at the new treatment location under the terms of this Contract.

C. 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 under the control of the Department. 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.

D. The Contractor shall submit a certification that the Department will review and verify as to whether or not non-Department locations are within a Child Safety Zone (Exhibit J.10), as required by Texas Government Code, Section 508.187.

1. The Contractor shall annually recertify, that the Department will review and verify, as to whether or not all approved non-Department locations are within a Child Safety Zone (Exhibit J.10).

2. 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.

E. A list of District Parole Offices can be found at the following websites:

Region 1: https://www.tdcj.texas.gov/divisions/pd/region_1_dpo.html

Region 2: https://www.tdcj.texas.gov/divisions/pd/region_2_dpo.html

Region 3: https://www.tdcj.texas.gov/divisions/pd/region_3_dpo.html

Region 4: https://www.tdcj.texas.gov/divisions/pd/region_4_dpo.html

Region 5: https://www.tdcj.texas.gov/divisions/pd/region_5_dpo.html

F. A list of Residential Reentry Centers can be found at the following website:

https://www.tdcj.texas.gov/divisions/pd/halfway_houses.html

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. The Contractor shall provide acceptable documentation of having met these criteria by submitting a copy of each Treatment Provider's current license with CSOT and a copy of the Treatment Provider's current primary professional license. All licenses and certifications shall be submitted to the Contract Specialist with the proposal. The Texas Department of State Health Services website will be utilized to monitor current licenses, and a printout will be placed in the Contract file upon renewal throughout the Contract Term. The Contract Specialist may, at times, contact the Program Director to provide license information as necessary.

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 and Contract 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. Persons 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.

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

C.5 MANDATORY REQUIREMENTS FOR SEX OFFENDER TREATMENT SERVICES

A. When completing an initial evaluation, the Contractor 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 conducting the evaluation. The interview for subsequent evaluations conducted by the Contractor is not required to be a clinical interview. The Contractor 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 shall conduct an evaluation and submit the report to the Parole Officer within thirty (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 sixty (60) Days of release or imposition of Special Condition “O.33” – Sex Offender Evaluation.

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

Sex Offenders with a sex offense conviction: Within one hundred eighty (180) Days of release or imposition of Special Condition “X,” unless the Contractor refuses to accept the Client into treatment without first conducting an initial evaluation. In that circumstance, the Contractor would have seven (7) 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 shall use group therapy as the primary treatment method except as described in Section C.5.L.

J. The Contractor 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 (6) 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 (6) months of release to supervision for Clients who admit their offense and within nine (9) months of release to supervision for Clients who require an instant offense examination.

The Contractor 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, 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 (6) months; and

ii. Moderate and low risk Clients – Annually.

2. Prior to the polygraph examination, the Parole Officer, the Contractor, and polygraph examiner shall jointly agree as to questions that will be asked of the Client.

K. The Contractor shall develop high-risk plans for Clients which will address compliance and re-offense prevention strategies.

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 distance services 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 shall conduct weekly group sessions for ninety (90) minutes with a minimum of seventy-five (75) minutes of face-to-face contact per session.

A Contracted Treatment Provider may provide ninety (90) minute, weekly group sessions as distance services 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 a Parole Officer IV (SO) 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 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 (2) hours prior to the start of the group session. In the event of two (2) 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 ninety (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 will be provided.

O. The Contractor 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 (4) 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 District Parole Offices (DPO) are represented in a group, each Parole Supervisor shall be contacted. 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 fifteen (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 shall submit the TDCJ-PD Sex Offender Treatment Attendance Roster & Billing

Invoice, PMS-41 (Exhibit J.1), to the Sex Offender Program Unit Supervisor in the assigned DPO by the fifth (5th) Day of each month for group sessions provided the previous month.

R. The Contractor 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 shall submit the TDCJ-PD Sex Offender Treatment Progress Report, PMS-31

(Exhibit J.2), to the Parole Officer on the progress of each Client receiving Services. This report shall be completed and submitted by the tenth (10th) Day after the Client's first (1st) full month of enrollment and then every three (3) 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

(5) 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 district Parole Officer.

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

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

V. The Contractor shall notify the appropriate Parole Officer or officer’s Unit Supervisor within two

(2) 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 (1) 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 appealed to the Program Supervisor.

Y. Clients who, after six (6) 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.

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 thirtieth (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.7).

BB. Pursuant to Texas Government Code, Section 493.017, the Contractor shall report in writing to the Parole Officer by the fifteenth (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, 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 two dollars ($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 (5) 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.3), 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;

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.4), 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.5). The PMS-34 and the approval email shall be submitted to the Contractor. Without the 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.4), 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 an inmate attended while in the custody of the Department that are provided to enhance the inmates’ 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…