Final DOC Rider 08.28.2020.docx.pdf

Wisconsin Department of Corrections (R 08/2020)

DOC Rider

(Request for Bids / Proposals / Contracts)

BACKGROUND CHECKS OF CONTRACTOR’S STAFF AND APPLICANTS

A. The Contractor shall not employ a person who is on active probation, parole, extended supervision, lifetime supervision or an inmate/offender who is supervised by Intensive Sanctions for any position where the primary duties and responsibilities involve contact or work with inmates/offenders or involves access to inmates’/offender’ records or funds.

Contractor shall implement policies and procedures to ensure that job applicants and its staff shall be dealt with as follows:

1. For a job applicant who has a pending criminal charge: Where the circumstances of said criminal charge substantially relate to the circumstances of a particular job or licensed activity, the applicant will not be hired for that job

2. For a staff member who has a pending criminal charge: Where the circumstances of said criminal charge substantially relate to the circumstances of the current job or required licensure, the staff member will not be retained in that particular job; and

3. For a job applicant who is convicted of a criminal offense or other offense: Where the circumstances of said conviction of a criminal or other offense that substantially relate to the circumstances of a particular job or required licensure, the applicant will not be hired for that job;

4. For a staff member who is convicted of a criminal offense: Where the circumstances of said conviction of a criminal or other offense that substantially relate to the circumstances of the current job or licensed activity, the staff member will not be retained in that particular job; and

5. For a job applicant who is required to use an Ignition Interlock Device (IID): Where the circumstances of a court ordered requirement substantially relate to the circumstances of a particular job or licensed activity, a job applicant will not be hired for that job;

6. For a staff member who is required to use an Ignition Interlock Device (IID): Where the circumstances of a court ordered requirement substantially relate to the circumstances of a particular job or required licensure, the staff member will not be retained in that particular job.

B. In compliance with the Prison Rape Elimination Act, the Contractor shall implement policies and procedures for its staff or job applicants who may have contact with offenders or juveniles that include the following items. The DOC shall not enlist the facility-based services of any Contractor or Contractor staff who:

1. Has engaged in sexual abuse in a confinement facility;

2. Has been convicted of engaging or attempting to engage in nonconsensual sexual activity in the community; or

3. Has been civilly or administratively adjudicated to have engaged in activity described above.

The Contractor shall consider incidents of sexual harassment when determining whether to assign anyone to that particular job. See 28 C.F.R. § 115.17 (applying to adult prisons and

DocuSign Envelope ID: 6D9A07CC-16DE-440E-AB9E-A0353C8B668E jails); 28 C.F.R. § 115.217 (applying to community confinement facilities); and 28 C.F.R. §

115.317 (applying to juvenile facilities).

B. In compliance with the Prison Rape Elimination Act, the Contractor shall implement the following policies and procedures for its staff or job applicants who may have contact with offenders or juveniles. The Contractor shall not assign anyone who:

1. Has engaged in sexual abuse in a confinement facility;

2. Has been convicted of engaging or attempting to engage in nonconsensual sexual activity in the community; or

3. Has been civilly or administratively adjudicated to have engaged in activity described above.

The Contractor shall consider incidents of sexual harassment when determining whether to assign anyone to that particular job. See 28 C.F.R. § 115.17 (applying to adult prisons and jails); 28 C.F.R. § 115.217 (applying to community confinement facilities); and 28 C.F.R. §

115.317 (applying to juvenile facilities).

C. In hiring and retention decisions, Contractor may consider records of pending criminal charges and convictions when it can be demonstrated that the circumstances of the criminal offense substantially relate to the circumstances of the job or licensed activity. When determining whether the circumstances of a pending charge or conviction are substantially job related, Contractor should take into consideration the factors related to the position, the offense, and the individual.

Nothing in this section prohibits the Contractor from reassigning the staff member or reassigning job duties from this contract, or making other hiring and retention decisions.

Contractor bears the sole responsibility of requesting, receiving, and reviewing current and prospective staff members’ criminal histories/background checks from the Wisconsin Department of Justice. Contractor shall have policies and procedures in place as to the frequency of background checks for existing staff and shall obtain and review criminal histories on all prospective staff. The Contractor’s policies shall be akin to applicable sections of DOC Executive

Directive (ED) 42. Contractor shall provide the Contract Administrator with a copy of their policies. A copy of ED 42 may be obtained from the Contract Administrator. No DOC staff, agent, or other person shall, on behalf of the Department of Corrections, offer any legal advice or any advice as to the interpretation of criminal history information received by the Contractor.

To make determinations on substantial relationships to the circumstances of the job, Contractor must have a written policy on how to review the applicant for employment and the existing staff member. Contractor shall submit a copy of this policy to the Contract Administrator.

Contractor shall have a written policy on current staff’s reporting requirements, which details what a staff member must report (e.g. pertaining to a citation, arrest, charge, conviction), the timeframe in which s/he must do so, and the criteria used to determine how substantially the offense relates to the staff member’s job. The Contractor’s policy shall be akin to applicable sections of DOC

Executive Directive 42. Contractor shall submit a copy of this policy to the Contract

Administrator.

Contractor shall immediately notify the Contract Administrator via email upon discovery of any criminal charge pending or criminal conviction against the Contractor or the Contractor’s current staff.

Contractor shall immediately notify the Contract Administrator via email upon discovery of any criminal charge pending or criminal conviction against the Contractor or the Contractor’s current staff, and the DOC retains the right to bar that person’s entry into its facilities and/or access to

DOC records. DOC reserves the right to request reassignment of any existing staff/employee of the Sheriff meeting any of the above qualifications so that they are not providing direct services to

DOC offenders and or having direct access to DOC records.

D. Contractor shall verify compliance with this entire section and paragraphs above by filing a

“Contractor Compliance Agreement” form (DOC-2818) with the DOC every 12 months within 30 days of each contract year or date previously determined if already on file with DOC Purchasing

Services.

FINGERPRINTING

Contractors shall ensure that its staff submit to the fingerprinting guidelines set forth by the DOC, including that the Contractor and its staff who will be on DOC premises must undergo fingerprinting prior to when the Contractor or its staff will report to the worksite. Upon fingerprint review, the Contractor or its staff may be cleared or not cleared to report to the worksite. If the Contractor or its staff is not cleared, then that individual will not be permitted to report to the worksite. The DOC will regularly require fingerprinting, and may require fingerprinting be retaken at different time intervals as determined by the

DOC.

CONTRACTOR STRUCTURAL CHANGE

The Contractor is required to provide the Department with a minimum of 90 days written advance notice of any planned or potential structural change (merger, buyout, acquisition, consolidation, etc.). Contract may not be automatically assigned to the new entity (since the underlying procurement may be affected).

Required reports shall be forwarded to the Contract Administrator according to the schedule agreed upon by the parties.

FRATERNIZATION

The Contractor agrees to have a written policy on fraternization which includes the following:

1. Prohibiting certain relationships and conduct between Contractor's employees, adult and juvenile offenders, and their relatives. This must also be substantially equivalent to DOC's policy as expressed in Executive Directive 16, August 2004 -Revised January 2019. A copy of Executive Directive 16 may be obtained from the DOC Contract Administrator.

2. The policy shall provide for the following definitions

a. Employee- definition must be consistent with DOC’s definition of employee

b. Relationship

c. Offender

d. Social Media

e. Sexual Contact

f. Sexual Intercourse

g. Sexual Misconduct.

3. A statement detailing prohibited relationships.

4. A statement detailing prohibited sexual conduct.

5. The duty of an employee to inform Contractor of unplanned contacts with offenders.

6. A statement that Contractor-directed contacts or those which are part of the employee's job requirements are exempt from the policy.

7. An exception procedure/policy and approval process to be carried out by Contractor.

8. A provision requiring a signed standard employee statement is kept in the personnel file for every Contractor employee. The statement attests that the employee has read and received a copy of the Contractor's policy on fraternization.

9. DOC may request copies of or to inspect the original signed employee statements of a Contractor upon request.

ACCESS TO DOC INSTITUTIONS OR SECURE FACILITIES

The department requires that all Contractors providing services in its institutions and secure facilities submit and pass a criminal background check. Background checks will be conducted and paid for by the institution, and records will be maintained on site.

Execution of this contract requires access/entrance into DOC secure facilities. All Contractor staff will be required to submit to a Criminal Background Check, which must be successfully completed prior to arrival.

Although specific policies vary somewhat between facilities, the following will apply:

A. All vehicles shall be thoroughly searched entering and leaving the institution property to prevent introduction of contraband and the use of the vehicle as a means of escape by inmate/offenders.

B. Within the fence, contraband items are prohibited in the vehicle as well as on the person.

Contraband items include but are not limited to drugs, tobacco products, cell phones, adult or pornographic materials, explosives and weapons (including pocket knives and razor knives, unless a part of an inventoried tool box.) Tool boxes should be inventoried prior to arrival to facilitate security staff accounting. Items may be left with security, however illegal items may not be returned.

C. Trucks to be loaded inside the institution must be loaded under the supervision of a staff member.

In maximum security institutions, trucks shall never be left unsupervised while inside the institution. In medium and minimum institutions, unattended trucks must be locked.

D. Vehicles leaving the institution shall have a designated position at which to stop before reaching the vehicle exit, so that the driver and passengers can be properly identified. All vehicles leaving the institution shall again be searched at the truck exit. Any vehicle that cannot be thoroughly searched must be held inside the institution through an official count.

E. Contractor staff walking in may be required to pass through a metal detector and/or have all carry-in items x-rayed or searched.

F. Fraternization with inmate/offenders is prohibited. Nothing is to be given to inmate/offenders (e.g., food, mail, money, newspapers or magazines, etc.) without authorization and nothing is to be received from inmate/offenders for removal or transport from the institution.

CONTRACTOR STAFF IDENTIFICATION

All Contractor staff, while working on DOC property, must wear a clearly displayed photo identification badge (provided by the Contractor at the Contractor’s cost) showing they are staff members of the Contractor. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.

Or

All Contractor staff, while working on DOC property, must wear a clearly displayed photo identification badge (provided by DOC) showing they are staff members of the Contractor. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.

CONFIDENTIALITY

The confidentiality of inmate/offender health information is protected by the federal Health Insurance Portability and Accountability Act (HIPAA) regulations (45 CFR, parts 160 & 164), federal Alcohol and other Substance Use Disorder Treatment Records regulations (42 CFR part 2), and by various Wisconsin laws governing the confidentiality of medical, mental health, developmental disability, and alcohol and drug information. As it relates to confidential offender health information, the Contractor shall adhere to HIPAA, 42 CFR part 2, Wisconsin laws, and other applicable federal laws. In addition, the department considers all personally identifiable information relating to DOC staff or offenders to be confidential, and such data is not to be released unless Contractor receives written approval from DOC unless it is permitted by law.

OUTSIDE INQUIRIES AND PUBLIC RECORDS REQUESTS

A. The Contractor agrees to immediately inform the Contract Administrator of any inquiry from outside entities or third parties regarding this Contract.

B. The Contractor must report all public requests immediately to the Contract Administrator. The Contractor agrees to comply and assist DOC with a coordinated response to public records including adhering to the timeline determined by DOC.

C. Contractor agrees to comply with all public records laws and procedures.

RECORDS

A. Contractor shall maintain such records as are required by State and Federal laws and shall comply with all applicable confidentiality laws and requirements. In addition to that, if required by the DOC, Contractor shall impose appropriate administrative and technical safeguards to maintain confidential information in a secure manner and shall also destroy or return the confidential information as directed by the DOC.

B. Contractor shall comply with the requirement to retain all documents applicable to the Contract for a period of not less than six (6) years after the final Contract payment is made. This provision shall survive the termination, cancellation, or expiration of this Contract.

C. To ensure confidentiality of records and safeguard access to these records, Contractor must maintain locked storage space for current and closed offender records.

D. Contractor agrees to have a policy on confidential destruction of case records. The policy must adhere to federal and state laws governing the disposal of personal and confidential information.

DOC may request a copy of the policy.

FAITH-BASED AND CHARITABLE ORGANIZATIONS

A. A faith-based or charitable organization is eligible to be a Contractor on the same basis as any other private organization. If Contractor is a faith-based or charitable organization it shall retain its independence from the State of Wisconsin, including without limitation Contractor’s control over the definition, development, practice, and expression of its charitable or religious beliefs.

Except as otherwise provided by state or federal law, DOC shall not interpret this Contract to require a charitable or faith-based organization to alter its form of internal governance or remove religious art, icons, scriptures, or other symbols.

B. A religious organization does not, by contracting with the State of Wisconsin, lose the exemption provided under Section 702 of the Civil Rights Act (42 U.S.C. 2000e-1(a)) regarding its employment practices. Furthermore, if a faith-based or charitable organization segregates the government funds provided under the Contract, then only the financial assistance provided by these funds will be subject to audit.

C. Neither DOC’s selection of a charitable or faith-based Contractor to provide the Services described herein nor the expenditure of funds under this Contract is an endorsement of the Contractor’s charitable or religious character, practices, or expression. The purpose of this Contract is the provision of Services; none of DOC’s expenditures have as their objective the funding of sectarian worship, instruction, or proselytization. As such, a faith-based or charitable Contractor of Services under this Contract shall post at its place(s) of business the following written notice and personally apprise all assisted inmate/offenders of the same:

Neither the State of Wisconsin’s selection of a Charitable or faith-based Contractor of services or the expenditure of funds under any contract with said Contractor is an endorsement of that Contractor’s charitable or religious character, practices, or expression. No Contractor of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular Contractor because of its religious character, you may request assignment to a different non-sectarian Contractor by contacting your Agent.

D. To ensure an inmate/offender is informed of the foregoing, a faith-based or charitable Contractor shall require that each inmate/offender receiving Services under this Contract signs an acknowledgment form prepared by the Contractor containing the aforementioned notice and verifying the offender’s receipt of the same. A copy of all signed acknowledgment forms shall be promptly provided to DOC. Finally, DOC will require that each inmate/offender sign the DOC’s “Voluntary Choice and Waiver” form, which will be provided by DOC, prior to receiving any Services from a faith-based or charitable Contractor under this Contract. A faith-based or charitable Contractor agrees to refrain from providing Services hereunder to an inmate/offender until it receives a copy of a fully executed Voluntary Choice and Waiver form from DOC for that respective inmate/offender.

TRIBAL GOVERNMENT

Standard

A. A tribal government is eligible to be a Contractor on the same basis as any other Contractor. If the tribal government is recognized by the federal government, it shall retain its independence from the State of Wisconsin in this Contract shall be construed to be a waiver or limitation of tribal sovereignty except for the specifications agreed in this Contract. Except as otherwise provided by applicable state or federal law, DOC shall not enter into a Contract that requires a tribal government to alter its form of internal governance.

B. A tribal government does not, by contracting with the State of Wisconsin, lose its ability to apply preference employment to qualified Indians as permitted under tribal law and 42 USC sec 2000 e- 2(I).

PRISON RAPE ELIMINATION ACT

A. All Contractor staff shall prevent, detect and respond to sexual abuse and sexual harassment in accordance with the Federal Prison Rape Elimination Act of 2003 and the DOC’s Executive Directive 72 [Sexual Abuse and Sexual Harassment in Confinement (PREA)].

B. The DOC shall provide training to the Contractor staff, in accordance with the type of service and level of contact they have with inmate/offenders or juveniles, on the DOC’s zero-tolerance policy as it relates to the sexual abuse and sexual harassment. The DOC shall, additionally, provide training to the Contractor on their responsibilities under DOC’s sexual abuse and sexual harassment prevention, detection and response policies and procedures. The CONTRACTOR staff shall acknowledge and certify to the DOC through signature or electronic verification that they understand the training they received. See 28 C.F.R. §§ 115.32 and 115.332.

C. If the Contractor staff is the first to respond to an allegation of sexual abuse, the responder shall request that the alleged victim not take any actions that could destroy physical evidence, and then notify DOC security staff. See 28 C.F.R. §§ 115.64 and 115.364.

D. The Contractor staff shall notify the DOC immediately of any knowledge, suspicion or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of DOC; any incidents of retaliation against offenders, juveniles or staff who reported such an incident; and/or any Contractor staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. The Contractor staff shall report this information immediately to a DOC supervisory staff member who is not the subject of the allegation, unless reporting to such a person compromises the safety of the alleged victim, witness(es) and/or reporter. In those instances the Contractor staff shall report this information immediately via email to DOCSECOSOPREAInvestigations@wisconsin.gov and follow-up with a phone call to the DOC PREA Office at (608)240-5000. See 28 C.F.R. §§ 115.61 and 115.361.

E. The Contractor staff shall comply with any applicable mandatory child abuse or vulnerable adult reporting laws. See 28 C.F.R. §§ 115.61 and 115.361.

F. The Contractor staff shall not reveal any information related to a sexual abuse or sexual harassment report to anyone other than to the DOC supervisor, investigators and designated officials. Such information shall be limited to information necessary to make treatment, investigation and other security and management decisions. Medical and mental health practitioners shall be required to report sexual abuse and to inform offenders or juveniles of the practitioner’s duty to report, and the limitations of confidentiality, at the initiation of services. See 28 C.F.R. §§ 115.61 and 115.361.

mailto:DOCSECOSOPREAInvestigations@wisconsin.gov

G. If the DOC has reason to believe that a sexual abuse or sexual harassment incident as defined by PREA has occurred or to ensure compliance with PREA standards, it shall have immediate access to the relevant Contractor records as defined by DOC.

H. If a Contractor staff is the alleged perpetrator of sexual abuse, the Contractor and/or DOC shall immediately remove that individual from any position that has offender or juvenile contact within DOC-funded operations pending an investigation. The individual may not return to any position that has offender or juvenile contact within DOC-funded operations until DOC has reviewed investigation materials and authorized return to work. A Contractor staff who engages in sexual abuse shall be prohibited from contact with offenders and juveniles; they shall be reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies. In the case of any other violation of DOC sexual abuse or sexual harassment policy by a Contractor staff, DOC shall take appropriate remedial measures, and shall consider whether to prohibit the Contractor staff’s further contact with offenders or juveniles. See 28 C.F.R. §§ 115.77 and 115.377.

A. All Contractor staff shall prevent, detect and respond to sexual abuse and sexual harassment in accordance with the Federal Prison Rape Elimination Act of 2003 and the DOC’s Executive Directive 72 [Sexual Abuse and Sexual Harassment in Confinement (PREA)].

B. The DOC shall provide training to the Contractor staff, in accordance with the type of service and level of contact they have with offenders or juveniles, on the DOC’s zero-tolerance policy as it relates to the sexual abuse and sexual harassment. The DOC shall, additionally, provide training to the Contractor on their responsibilities under DOC’s sexual abuse and sexual harassment prevention, detection and response policies and procedures. The Contractor staff shall acknowledge and certify to the DOC through signature or electronic verification that they understand the training they received. See 28 C.F.R. §§ 115.32 and 115.332.

C. If the Contractor staff is the first to respond to an allegation of sexual abuse, the responder shall request that the alleged victim not take any actions that could destroy physical evidence, and then notify DOC security staff. See 28 C.F.R. §§ 115.64 and 115.364.

D. The Contractor staff shall notify the DOC immediately of any knowledge, suspicion or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of DOC; any incidents of retaliation against offenders, juveniles or staff who reported such an incident; and/or any Contractor staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. The Contractor staff shall report this information immediately to a DOC supervisory staff member who is not the subject of the allegation, unless reporting to such a person compromises the safety of the alleged victim, witness(es) and/or reporter. In those instances the Contractor staff shall report this information immediately via email to DOCSECOSOPREAInvestigations@wisconsin.gov and follow-up with a phone call to the DOC PREA Office at (608)240-5000. See 28 C.F.R. §§ 115.61 and 115.361.

E. The Contractor staff shall comply with any applicable mandatory child abuse or vulnerable adult reporting laws. See 28 C.F.R. §§ 115.61 and 115.361.

F. The Contractor staff shall not reveal any information related to a sexual abuse or sexual harassment report to anyone other than to the DOC supervisor, investigators and designated officials. Such information shall be limited to information necessary to make treatment, investigation and other security and management decisions. Medical and mental health practitioners shall be required to report sexual abuse and to inform offenders or juveniles of the practitioner’s duty to report, and the limitations of confidentiality, at the initiation of services. See 28 C.F.R. §§ 115.61 and 115.361.

mailto:DOCSECOSOPREAInvestigations@wisconsin.gov

G. If the DOC has reason to believe that a sexual abuse or sexual harassment incident as defined by PREA has occurred or to ensure compliance with PREA standards, it shall have immediate access to the relevant Contractor records as defined by DOC.

H. If a Contractor staff is the alleged perpetrator of sexual abuse, the Contractor and/or DOC shall immediately remove that individual from any position that has offender or juvenile contact within DOC-funded operations pending an investigation. The individual may not return to any position that has offender or juvenile contact within DOC-funded operations until DOC has reviewed investigation materials and authorized return to work. A Contractor staff who engages in sexual abuse shall be prohibited from contact with offenders and juveniles; they shall be reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies. In the case of any other violation of DOC sexual abuse or sexual harassment policy by a Contractor staff, DOC shall take appropriate remedial measures, and shall consider whether to prohibit the Contractor staff’s further contact with offenders or juveniles. See 28 C.F.R. §§ 115.77 and 115.377.

A. The Contractor agrees to comply with the Federal Prison Rape Elimination Act of 2003 and any subsequent standards imposed by the United States Attorney General. If the Contractor is not in full compliance with the Federal Prison Rape Elimination Act of 2003, the Contractor shall take all feasible and necessary steps to work toward full compliance, shall continue to do so until full compliance is achieved and shall continue to maintain full compliance. The Contractor shall have policies and procedures in place for responding to sexual abuse and sexual harassment allegations as defined by PREA and shall further have procedures or policies for maintaining reports and records necessary for reporting data consistent with PREA. The Contractor shall provide training for its staff, Contractors, interns, volunteers and any others who may have contact with offenders pursuant to its policy, procedures and PREA standards.

B. The Contractor agrees to timely completion of the Bureau of Justice Statistics Annual Survey of Sexual Victimization (SSV) and/or its current equivalent survey. This includes completing forms for locally or privately operated adult facilities and individual incident forms for each incident. The Contractor will forward a copy of the SSVIA-Adult Incident Form and/or SSVIJ-Juvenile Incident Form for each incident involving DOC offenders in the prior calendar year to the DOC within 30 calendar days of the date the Bureau of Justice Statistics publishes the Annual Survey on Sexual Victimization. These forms shall be forwarded to the DOC PREA Office at DOCPREAData@wisconsin.gov. See 28 C.F.R. §§ 115.287.

C. The Contractor shall conduct PREA audits pursuant to 28 C.F.R. §§ 115.401-405. The Contractor and DOC shall mutually agree upon the conducting auditor prior to the Contractor scheduling and/or entering into a contract for a PREA audit at each facility. The Contractor shall bear the costs of conducting the audit. The Contractor shall forward all interim and final facility PREA audit reports within 30 days of receipt to DOCPREAData@wisconsin.gov.

D. The DOC may conduct a compliance review at the program facilities including Contractor’s offices, with or without notice, to ensure that the Contractor is compliant with PREA standards.

This review may include, but is not limited to, an examination of Contractor policies, procedures, staff records, offender records, training records and incident records related to sexual abuse or sexual harassment allegations as defined by PREA. See 28 C.F.R. § 115.212.

E. The Contractor shall notify the DOC within 24 hours of any sexual abuse or sexual harassment allegation as defined by PREA. If the DOC has reason to believe that any sexual abuse or sexual harassment incident as defined by PREA has occurred, it shall have immediate access to relevant Contractor records as defined by DOC.

mailto:DOCPREAData@wisconsin.gov

1. When a Contractor staff-on-offender or offender-on-offender sexual abuse or sexual harassment incident is reported, the Contractor shall notify the DOC by submitting the PREA Incident Reporting Form (DOC-2784) via email to DOCPREAData@wisconsin.gov. A copy shall be routed to contract administrator.

2. If the alleged perpetrator is a staff member of the Contractor, the Contractor shall immediately remove that individual from any position that has offender contact within DOC-funded operations pending an investigation. The individual may not return to any position that has offender contact within DOC-funded operations until DOC has reviewed investigation materials and authorized return to work.

3. If the alleged perpetrator is an offender, the Contractor shall contact the contract administrator to have the offender immediately removed from the facility and placed in custody pending an investigation or other appropriate action.

4. The Contractor is required to notify law enforcement of the alleged sexual abuse or sexual harassment incident if it involves potentially criminal behavior. See 28 C.F.R. § 115.222.

5. The Contractor staff shall comply with any applicable mandatory child abuse or vulnerable adult reporting laws. See 28 C.F.R. § 115.261.

6. The Contractor is responsible for conducting an administrative investigation of the sexual abuse or sexual harassment incident and for providing any and all investigation materials/results to the DOC.

7. The Contractor shall report all administrative investigation results using the PREA Investigation Closeout Form (DOC-2785). The completed PREA Investigation Closeout Form (DOC-2785) shall be submitted via email to DOCPREAData@wisconsin.gov. A copy shall be routed to the contract administrator for review and any further action or reporting. See 28 C.F.R. § 115.261.

8. All PREA-related forms may be found on the PREA page of DOC’s public website

(doc.wi.gov) or upon request to the contract administrator.

CARRYING A CONCEALED WEAPON

Contractor is prohibited under Executive Directive 80, signed October 31, 2011 from possession of any weapon by Contractor's employees while providing services for DOC.

Contractor will prohibit firearms/weapons in any owned, leased/rented, or available location in which services are provided for DOC. Signs shall be posted at every public entrance. Each sign must be at least five inches by seven inches state the restriction on carrying a firearm, and inform people that weapons or firearms are prohibited. Sample signage will be available through the Contract Administrator.

DRUG FREE WORKPLACE

Contractor, agents, employees, or subcontractors under this Contract shall follow the guidelines established by the Drug Free Workplace Act of 1988.

SOCIAL MEDIA

DocuSign Envelope ID: 6D9A07CC-16DE-440E-AB9E-A0353C8B668E

Standard

When it is applicable and if services are provided, the Contractor must comply with Executive Directive

87, signed July 28, 2020 in its conduct both in and outside of the workplace if it is of a nature that it could affect the work environment, impair the DOC’s ability to carry out its mission, impair relationships with

DOC partners, or impair the public trust. This policy is not meant to infringe upon an individual’s right to engage in personal interaction or commentary online or upon any right protected by federal or state law.