05-PWS.pdf

FEDERAL BUREAU OF PRISON’S

PERFORMANCE WORK STATEMENT

(RESIDENTIAL REENTRY CENTER)

OCTOBER 2006

Locally modified by the Western Region

July 2007 i

List of Attachments

REQUEST FOR CONTRACT STAFF BACKGROUND INVESTIGATION.. . . . . . A

INITIAL INTAKE FORM.. . . . . . . . . . . . . . . . . . . . . B

SUPERVISED RELEASE PLAN.. . . . . . . . . . . . . . . . . . . . C

CASE NOTES. . . . . . . . . . . . . . . . . . . . . . . . . . . D

RESIDENT EMPLOYMENT/VERIFICATION FORM.. . . . . . . . . . . . . E

URINALYSIS PROCEDURES.. . . . . . . . . . . . . . . . . . . . . F

REQUEST FOR MEDICAL SERVICES/REIMBURSEMENT. . . . . . . . . . . G

TYPES OF RELEASES. . . . . .. . . . . . . . . . . . . . . . . . H

EXPLANATION OF TERMS. . . . . . . . . . . . . . ... . . . . . I

FOOD GUIDE PYRAMID. . . . . . . . . . . . . . . . . . . . . . . J

ii

LIST OF BOP FORMS

(provided by the CCM)

NAME OF FORM

ADMINISTRATIVE REMEDY FORMS

APPLICATION FOR VOLUNTEER SERVICE

AUTHORIZATION TO OPERATE A MOTOR VEHICLE

CENTER DISCIPLINE COMMITTEE (CDC) REPORT (RRC’S)

COMMUNITY-BASED PROGRAM AGREEMENT

DUTIES OF STAFF REPRESENTATIVES (RRC’S)

FURLOUGH APPLICATION - APPROVAL AND RECORD

FURLOUGH QUESTIONNAIRE - OUT OF SENTENCING DISTRICT

INCIDENT REPORT (RRC'S)

INMATE RIGHTS AT CENTER DISCIPLINE COMMITTEE HEARING

NOTICE OF CENTER DISCIPLINE COMMITTEE HEARING (RRC'S)

PASS REQUEST AND APPROVAL

QUESTIONNAIRE - SENTENCING DISTRICT

URINE SAMPLING PROGRAM (RRC'S)

WAIVER OF RRC DRUG TREATMENT REQUIREMENT

WAIVER OF APPEARANCE (RRC’S)

iii

LIST OF BOP PROGRAM STATEMENTS

(Referenced in the Performance Work Statement)

Program Statements

PS 5380.06 Cost of Incarceration Fee (COIF)

PS 1330.13 Administrative Remedy Program

PS 7570.02 Contract Staff Integrity for Privately Operated Community Corrections Residential Facilities

PS 7320.01 Home Confinement

PS 3420.09 Standards of Employee Conduct

PS 1480.05 News Media Contacts

PS 5270.07 Inmate Discipline and Special Housing Units

PS 7300.09 Community Corrections Manual

PS 5280.08 Furloughs

NOTE: All program statements listed throughout the RRC performance work statement must be the Bureau of Prison’s most current version.

iv

List of Acronyms

ACA American Correctional Associate

ACO Administrative Contracting Officer

BOP Bureau of Prisons

RRC Community Corrections Center

CCM Community Corrections Manager

CCRA Community Corrections Regional Administrator

CDC Center Discipline Committee

CO Contracting Officer

COS Contract Oversight Specialist

COIF Cost of Incarceration Fee

COTR Contracting Officers Technical Representative

DHO Discipline Hearing Officer

DOJ Department of Justice

E.O. Executive Order

MCA Management Center Administrator

MINT Mothers and Infants Nurturing Together

NCIC/NLET National Crime Information Center/ National Law Enforcement Telecommunication System

NTP Notice to Proceed

PWS Performance Work Statement

QAP Quality Assurance Program

QCP Quality Control Program

USM United States Marshals

USPC United States Parole Commission

USPO United States Probation Office

A. Performance Requirements

This Residential Reentry Center (RRC) performance work statement (PWS) sets forth the contract performance requirements for the management and operation of a community corrections based facility. Rated capacity of the facility shall be determined by ACA standards or the local authority having jurisdiction (e.g., local or state building inspector, or fire marshal) whichever standard is more stringent.

The contractor will maintain a current independent third party certification by a Certified Safety Auditor (SAC) or their equivalent as identified by the National Association of Safety Professionals (NASP, http://www.naspweb.com/, and/or Professional Engineer(PE)that all buildings used to house federal offenders are in compliance with NFPA 101 and will provide this documentation along with the inspection by the local or state AHJ prior to the Preoccupancy Inspection. Additionally, verification of the third party’s license or certification is required to be provided along with the certification report. In addition, the contractor will have each building inspected annually by a local or state AHJ. These annual inspections will be conducted on or about the option year dates of the contract. Inspection reports will be retained and made available to the BOP to indicate the inspections were completed in a timely and appropriate manner.

Additionally, should any inspection identify areas requiring correction, the contractor will have a second inspection completed certifying that the above corrections/repairs have been made in accordance to code and the requirements of the SOW.The contractor shall ensure the facility is operated in a manner consistent with the mission of the Bureau of Prisons Community Corrections and Detention Services Branch. The mission is to protect society by confining offenders in community-based facilities that are safe, humane, cost-efficient, appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

The contractor has 120 calendar days from notice of award to ensure the facility is in compliance and meets all applicable laws and regulations for occupancy, prior to the start of contract performance. Contract performance shall begin when the contracting officer (CO) issues the Notice to Proceed (NTP).

Performance shall be a three-year base period with the contractor awarded up to two yearly award terms, if the overall contract performance rating is “Acceptable” starting at the end of the second year. For the contractor to earn five additional one-year award terms, the overall contract performance must have a rating of “Very Good.” Actual award term determinations are unilateral decisions made solely at the discretion of the Government.

Unless otherwise specified, all plans, policies, and procedures, including those identified in the American Correctional Association (ACA) Performance-Based Standards for Adult Community Residential Services, shall be developed by the contractor and submitted in writing to the contracting officers technical representative (COTR) for review and concurrence prior to issuance of the NTP.

Once concurrence has been granted, these plans, policies, and procedures shall not be modified without prior written acknowledgment of the COTR and a bilateral modification to the contract issued by the CO.

Bureau of Prison (BOP) policies referenced in this PWS, may be accessed on the Internet at www.bop.gov.

Unless otherwise indicated, the contractor shall furnish all facilities, personnel, management, equipment, supplies, and services necessary for performance of all aspects of the contract.

Unless explicitly stated otherwise, the contractor is responsible for all costs associated with and incurred, as part of providing the services outlined in this contract.

The contractor will have a working fax machine, internet capabilities, and will provide the number and email address to the Community Corrections Manager (CCM) Office.

The contractor will post the name, telephone number, and address of the following BOP officials: the CCM, Management Center Administrator (MCA), Community Corrections Regional Administrator (CCRA), and the name and address of the Regional Director.

B. Contract Compliance

All services and programs shall comply with the PWS; the U.S.

Constitution; all applicable Federal, state, and local laws and regulations; applicable presidential Executive Orders (E.O.); all applicable case law, consent decrees, and Court Orders. Should a conflict exist between any of the aforementioned standards, the most stringent shall apply. When a conflict exists and a conclusion cannot be made as to which standard is more stringent, the COTR will confer with the CO who will determine the appropriate standard. The contractor shall comply with and implement any applicable changes to BOP policy, Department of Justice (DOJ) requirements, Congressional mandate, federal law, or E.O. Should the government invoke such changes, the contractor retains its rights and remedies under the terms and conditions of the contract.

The BOP reserves its right to conduct announced and unannounced inspections of any aspect of contract performance at any time and by any method, in order to assess contract compliance.

C. General Administration

Unless otherwise specified in this PWS or by the CO in writing, the contractor is required to perform in accordance with the most current edition of the ACA Performance-Based Standards for Adult Community Residential Services.

The contractor shall obtain ACA accreditation within 24 months of NTP and shall maintain continual compliance with all ACA standards and supplements during the performance of the contract, unless otherwise specified by the BOP. Once full accreditation has been obtained, the contractor shall maintain this accreditation throughout the life of the contract, inclusive of any award terms granted. Failure to perform in accordance with contract requirements, and to obtain ACA accreditation within 24 months from NTP may, at a minimum, result in a reduction of the contract price in accordance with the Inspection of Services Clause, FAR 52.246-4.

Accomplishment of some ACA standards is augmented by BOP policy and/or procedure. In these instances, the PWS identifies and provides direction for the enhanced requirements.

This PWS contains numerous references which direct the contractor to notify, contact, or provide the CO or COTR/CCM with information or data. After award, the CO may formally designate other Government individuals to assume those responsibilities.

The contractor is responsible for the development and administration of a comprehensive Quality Control Plan (QCP) which ensures all requirements of this PWS are achieved.

Additionally, a written assessment of the QCP shall be submitted quarterly to the administrative contracting office (ACO) and POS.

The specific requirements for the Quality Control and Quality Assurance Plans are detailed in Section E.3 and E.4 of the solicitation/contract.

The contractor shall protect, defend, indemnify, save, and hold harmless the United States Government, the BOP, and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgements, and liability arising out of, or in connection with, any negligent acts or omissions of the contractor, its agents, subcontractors, employees, assignees, or any one for whom the contractor may be responsible. The contractor shall also be liable for any and all costs, expenses, and attorney fees incurred as a result of any such claim, demand, cause of action, judgement, or liability, including those costs, expenses, and attorney fees incurred by the United States Government, the BOP, and its employees or agents. The contractor’s liability shall not be limited by any provision or limits of insurance set forth in the resulting contract.

In awarding the contract, the Government does not assume any liability for third parties, nor will the Government reimburse the contractor for its liabilities to third parties, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the performance of the contract or any subcontract under this contract.

The contractor shall be responsible for all litigation, including the cost of litigation, brought against it, its employees or agents for alleged acts or omissions. The CO shall be notified in writing of all litigation pertaining to this contract and provide copies of any pleadings filed or said litigation within five working days of the filing. The contractor shall cooperate with Government legal staff and/or the United States Attorney, regarding any requests pertaining to Federal or contractor litigation.

Policies and procedures shall be developed to ensure a positive relationship is maintained with all levels of the Federal judiciary. The contractor’s procedures shall ensure a tracking system is established to ensure all judicial inquiries and program recommendations are responded to in a timely and accurate manner. All judicial inquiries and contractor responses, specifically related to an inmate, shall be made part of the inmate's file.

D. Quality Control

The contractor shall submit a summary of the QCP in accordance with the requirements outlined in Section E, Inspection and Acceptance of the solicitation/contract with the proposal. The summary cannot exceed four typed pages in length. Upon award of the contract, the successful offeror must submit a detailed QCP in accordance with Section E.3 of the solicitation.

E. Public Information

The contractor shall notify the COTR/CCM when a request is made by a member of the United States Congress for information or to visit the facility.

The COTR/CCM shall be notified when a request is made for inmate or employee interviews or visits to the facility by any representative of the media as defined by Program Statement (PS) 1480.05, News Media Contacts. The contractor shall permit inmate interviews by legitimate media, consistent with PS 1480.05, News Media Contacts and concurrence by the COTR/CCM.

The contractor shall coordinate all public information related issues with the COTR/CCM. All press statements and releases shall be cleared, in advance, with the COTR/CCM.

The contractor shall promptly make public announcements stating the facts of unusual newsworthy incidents to the local media.

Examples of such events include, but are not limited to: deaths, escapes from custody, and facility emergencies.

The contractor shall ensure employees agree to use appropriate disclaimers clearly stating employee opinions do not necessarily reflect the position of the BOP or DOJ in any public presentations they make, or articles they write, that relate to any aspect of contract performance or the facility operations.

F. Personnel

1. The contractor needs to ensure, at a minimum, a male and female (if co-ed facility) will be on duty, 7 days a week, 24 hours a day as well as ensure the facility is staffed with key Personnel. This includes the facility director (facility manager, RRC supervisor, center director and all other similar titles) case manager or equivalent and social services coordinator (SSC). All key personnel are full-time employees.

The contractor will identify to the CCM the key personnel employed at the facility.

1) All major use contracts will staff at least four key personnel positions. The positions will be the facility director, two (2) case managers, and a social services coordinator. These positions will be 100% devoted to the federal contract.

2) All moderate use contracts will staff at least three key personnel positions. The positions will be the facility director, case manager, and social services coordinator. These positions will be 100% devoted to the federal contract.

3) All minor use contracts will staff at least two key personnel positions. The positions will be the facility director and social services coordinator. These positions do not have to be 100% devoted to the federal contract.

The CCM must approve changes of key personnel before they are employed in a key personnel position.

The contractor will staff all key personnel positions throughout the performance of the contract. The contractor will notify the CCM in writing if any personnel vacate a position permanently and indicate when a replacement will be made. The notification will occur within five working days after the vacancy. The number of case manager positions may be determined by the contractor, must be adequate to perform the tasks associated with the position and commensurate with the inmate workload of the population without being pulled to perform duties assigned to other positions.

Staff Retention. The contractor will establish a staff retention program which is designed to add structure and stability throughout the facility for both key and line staff. At a minimum, the staff retention plan should be designed with the objective that at any given time, 60% of the facilities key staff and 40% of the line staff are full time employees who have been employed by the contractor for a minimum of six (6) months and have completed their probationary period of employment as well as have received their final clearance to work with federal offenders by the CCM. The CCM/COTR will utilize these benchmarks when analyzing the effectiveness of the staff retention program.

2. The minimum education and experience qualifications for the position of facility director (facility manager, RRC supervisor, center director and all other similar titles) will be a masters degree in a social or behavioral science program from an accredited college or university and three years of work experience in a related field, with one of the years in a supervisory position. Work experience may be substituted for academic studies exchanging one year of work experience in a related field for one year of masters level academic education.

Total work experience needed in lieu of the combination of masters level education and work experience is five years with a bachelors degree, with two of the years in a supervisory position. Any exceptions requested to this requirement require the approval of the Community Corrections Regional Administrator who may take into account life experience.

The education and experience qualifications for the position of social services coordinator will be a masters degree in a social or behavioral science program from an accredited college or university and three years related experience. At a minimum, one year of experience must be working with providers in the community where the RRC is located. For description of services provided by the SSC see Chapter 10A.

Case managers, at a minimum, must possess a bachelors degree from an accredited college or university and have a minimum of two (2) year of successful full time employment in the criminal justice or social services fields

The SSC is responsible for assisting offenders with transitional programming. The SSC will develop and coordinate reentry programs to ensure continuity of care for the offender and facilitate services for offenders with special needs, i.e. sex offenders, significant medical and mental health issues, drug and alcohol abuse/dependence. The SSC will determine the focus of the offender’s pursuits i.e. employment full time, furthering educational and vocational training, mental health treatment etc.

3.STAFF CODE OF CONDUCT. The contractor shall establish written policies and procedures concerning the employees code of conduct that replicates PS 3420.09, Standards of Employee Conduct.

The contractor also is subject to the requirements outlined in PS 7570.02, Contract Staff Integrity for Privately Operated Community Corrections Residential Facilities.

4. SEXUAL ABUSE INFORMATION. The contractor has responsibility for providing a working environment free from sexual harassment and intimidation in accordance with Title VII of the Civil Rights Act of 1964, as amended. Sexual abuse/assault/misconduct is verbal or physical conduct of a sexual nature directed toward an offender or employee by another offender, employee, or volunteer of the facility.

The contractor shall ensure policy prohibits sexual abuse/ assault/misconduct by employees against federal offenders or other employees. Sexual misconduct is illegal and a violation of federal law.

The contractor shall develop and implement a comprehensive staff training program addressing the facility's sexual abuse/assault/ misconduct prevention and intervention program. Written policy, procedure, and practice shall provide that all staff receive such training during employee orientation and on an annual basis, as part of the facility's in-service training plan.

5. BOP TRAINING. At least one key staff member shall attend and participate in the BOP regional training meeting, ordinarily scheduled every two years. The contractor is responsible for all costs associated with this training.

6. BACKGROUND INFORMATION. The contractor shall develop policy and procedure to ensure background investigations are completed on potential employees and unescorted volunteers, prior to submitting the background information to the BOP. Contract employees and unescorted volunteers must be approved by the CCM before they may work with federal offenders.

The contractor shall submit a person's name and relevant information to the CCM for a fingerprint and background check only after the contractor has determined this person is appropriate for employment, and this person will work with federal offenders.

The contractor shall secure from a person (i.e., a person who the contractor employs or intends to employ and who will be working with federal offenders) a signed consent form using Attachment A, Request for Contract Staff Background Investigation. The contractor shall then submit to the CCM the relevant information, including the signed consent form. The contractor shall not submit any person which the contractor does not employ or intend to employ.

The contractor shall require this person to provide complete details of any conviction record or current charges for any violation of law. The information will be used to determine the person's fitness for working with federal offenders.

The information shall include full name, date of birth, state of birth, sex, race, social security number, and previous cities and state(s) of residence. The contractor shall notify this person that a National Crime Information Center/National Law Enforcement Telecommunication System (NCIC/NLETS), fingerprint, criminal records, and other appropriate background checks will be processed by the BOP to verify this information. The intent is to ensure all contract employees are effectively and efficiently screened to ensure their acceptability to work with federal offenders.

The CCM may grant the person temporary clearance to work with federal offenders after the NCIC/NLETS checks are conducted, if the results of the checks are appropriate.

The final approval or disapproval by the CCM will follow the CCM's receipt of the fingerprint and/or other background checks.

This action shall in no way prevent, preclude, or bar the withdrawal or termination of any prior clearance or approval by the CCM at any time during the term of the contract.

The CCM will ordinarily approve a person to work with federal offenders in accordance with the guidelines established in PS 7570.02, Contract Staff Integrity for Privately Operated Community Corrections Residential Facilities.

The contractor shall develop procedures to verify training, experience, and credentials of all staff.

G. Physical Plant

Each technical proposal shall include a legible and accurate copy of the site and floor plans for the proposed facility. Each technical proposal shall also include accurate photographs, taken within 120 days of proposal submission, showing the front and back outside views of the facility.

The contractor will locate the facility within one mile of public transportation. If no public transportation is available in the area or the contractor’s facility becomes greater than one mile from available public transportation, the contractor will provide transportation for offenders to seek employment, work, and participate in program activities at no cost to the offender. If public transportation is available but unreasonable due to time or distance from an offenders employment or program activity, the contractor will make arrangements to meet both the short term and long term transportation needs of the offender. Transportation will be made available 7 days a week. Offender employment opportunities will not be limited based on hours of operation of public or facility provided transportation.

The contractor will locate the facility in an area where the commuting time to the general area of work is ordinarily no more than one and one-half hours each way via public or contractor provided transportation.

The contractor will arrange for transportation for indigent offenders seeking employment or who are required to attend substance abuse treatment at no cost to the offender.

Transporting of offenders in a staff members private vehicle should only be done in emergency circumstances. The staff member must be licensed and insured in accordance with state laws.

H. Referral and Intake Processing

The contractor will accept all offenders for placement at the facility and manage any offender referred by the CCM.

Acceptance of a federal offender not referred by the CCM may result in non-payment under this contract.

Additionally, the contractor will send the inmate pre-arrival questionnaire designed to solicit information from the offender regarding their perceived obstacles to reentry as well as to review their the offenders preparedness to reenter the workforce by having the necessary tools to gain employment (accepted picture id, social security card, birth certificate, resume...)These forms must be returned to the RRC as soon as possible so that a pre-arrival plan may be created for the offender.

Pre-Arrival Plan. Following acceptance and return of the offender’s pre-arrival questionnaire, but always prior to the arrival of the offender at the RRC regardless of the status of the pre-arrival questionnaire, the contractor will submit an Pre- Arrival Plan and submit this plan to the CCM or their designee, generally the Community Corrections case manager/specialist, for review. The contractor shall have written policies and procedures governing offender referrals and intake processing that incorporates the following BOP specific requirements. (Also refer to B in the PWS for more specific directions.)

1. Referrals and Acceptance Procedures for Offenders

A. Transferring from a BOP institution

B. Supervision cases

2. Admission Procedures

A. Transfer Orders

B. Judgement/Commitment Case Orders

C. Intake Screening Form

D. Photographs

E. Conditions of Residential Community Programs

3. Notification Procedures for Arrivals and “No-Shows”

I. Program Components

Offenders in all components are provided the same general program resources, but the privileges and supervision requirements range from restrictive to least restrictive. The contractor will have a thorough understanding of the components, levels and subsequent requirements for each component and level assignment.

a. Community Corrections Component. The community corrections component is the most restrictive. Except for employment, religion, approved recreation, program needs and community service ordered by the Court, an offender is restricted to the RRC. Initial orientation begins at level one unless otherwise indicated by the CCM or PRT.

• LEVEL ONE: This level is punitive and is well suited for sanctioning supervision violators. The BOP, Court or U.S.

Parole Commission initially assigns offenders into this level for a specific number of days, not to exceed 30 consecutive days. Visits with the family and significant others will be conducted at the facility. Offenders are denied all access to the community except in emergency situations. Community access requires the advance approval of the USPO, facility director or CCM. Offenders are not expected to obtain employment until they are assigned into the next level.

• LEVEL TWO: This level is appropriate for offenders requiring a high degree of supervision. Access to the community for employment, employment interviews, specific treatment that is only available outside the facility, alternate recreation in the community through limited and clearly defined sign-out procedure or emergency situations is available to offenders assigned at this level. Offenders will visit with family and significant other only at the facility.

Offenders normally remain in this component until they have demonstrated the responsibility necessary to function in the community. When an offender is appropriate for the pre-release component and if the offender is not directed to remain in the community corrections component by the Court or CCM, RRC staff will request PRT approval to assign the pre-release component.

b. Pre-release Component. The pre-release component is designed to assist offenders making the transition from an institution to the community or as a program resource while under supervision. The contractor will develop programs that increase privileges, such as volunteer community service. It is generally appropriate to require offenders to be employed before allowing them to be absent from the RRC for social purposes. Offenders in the pre-release component generally have more access to the community and family members through weekend and evening passes in accordance with the Authorized Absences section.

• LEVEL THREE: This level is appropriate for some supervision cases and institution transfers that may require a slightly higher degree of supervision.

The third level allows the offender access to the community for social purposes such as visiting family or significant others and shopping for necessary personal items. These activities are limited to six hours per week. These activities must be scheduled in advance and approved by the PRT. The offender must specifically outline travel route, destination and time frames.

The contractor will not allow additional time for travel.

• LEVEL FOUR: This level is appropriate for institution transfers and USPO supervision cases. The level allows much greater access to the community, as well as more frequent visits outside the facility with the family or significant others. These offenders have more access to the community and family members through weekend passes and sign-out before and after work depending on their individual shifts.

Evening and weekend passes are limited to the approved authorized release residence. Ordinarily, offenders will not be placed on level four prior to obtaining an approved release plan including employment and release residence.

c. Home Confinement. The PRT may recommend approval of home confinement to the CCM when home confinement would provide a greater benefit than RRC residency; the offender has a release plan that meets the USPO's approval; and the offender agrees to the conditions of home confinement in accordance with the most recent version of BOP P.S. 7320.01 Home Confinement. The contractor will conduct a monthly review of the telephone bills of an offender in this component, to ensure that no service is in place that would circumvent the accountability program. The results of each review will be documented in the offenders file.

The contractor will indicate that the current telephone bill is appropriate when making the home confinement referral. To participate, the offender must not present a threat to the community or safety of others.

Compliance with the conditions of home confinement and/or maintaining compliance to the required accountability procedures may be monitored by electronic monitoring equipment approved by the CCM, or by regular telephone and in person contacts by staff.

If electronic equipment is proposed, the contractor will clearly indicate that the equipment is offered at no additional cost to the BOP and costs of the electronic monitoring equipment are not reflected in the cost of the contract.

When electronic monitoring is proposed after award, the contractor will develop a proposal and submit to the CCM for approval.

The contractor will make maximum use of this component by referring all eligible and appropriate candidates to the PRT and CCM for review.

• LEVEL FIVE: This level is appropriate for institution transfers who need none of the residential services of a RRC. The degree of supervision is outlined by the PRT and home confinement conditions.

The per diem rate for offenders on home confinement shall be half the regular per diem rate.

J. Authorized Absences

The offender's absence from the facility is to achieve specific programing objectives to include seeking employment, strengthening family ties, engaging in religious activities, education, recreation, and counseling. The contractor approves these program activities as long as the public interest is served.

The contractor shall develop policies and procedures to authorize absences while ensuring accountability of the offender. The contractor shall adhere to PS 7300.09, Community Corrections Manual, and PS 5280.08, Furloughs.

The per diem rate for offenders on furlough shall be half the regular per diem rate. The contractor shall reserve a bed for the offender while on furlough.

K. Escape Notification Procedures

Fiscal Impact. The BOP does not pay the contractor for the day of escape. The contractor will develop procedures to follow when an inmate escapes. These procedures should include, but are not limited to, securing inmate property and notification to local law enforcement officials and the BOP.

L. Urine Drug Testing and Breathalyzer

The contractor shall maintain a urine surveillance program that complies with Attachment F, Urinalysis Procedures. The contractor will use a laboratory which meets the requirements of 42 CFR Part 493, Laboratory Requirements, to engage in urine drug testing for federal offenders.

The urinalysis lab shall detect and identify at least the drugs and/or metabolites by a basic screen test, at the minimal levels, listed in Attachment F.

Urinalysis costs are the responsibility of the contractor. The USPO may use the contractors urinalysis program established for the BOP; however, costs of urinalysis for USPO cases are the responsibility of the USPO. The contractor shall maintain proof (copies of paid invoices, canceled checks, lab reports) to verify services have been rendered.

Every inmate returning from an activity in the community (work, recreation, etc.), will be administered a Breathalyzer test by contractor staff.

M. Searches and Contraband

The contractor shall develop policies and procedures to control the introduction of contraband. These procedures shall ensure all staff are trained on the proper techniques for offender pat, room, vehicle, and common area searches. This training shall be conducted within the first week of the employee being hired and annually thereafter.

N. Individual Orientation, Program Planning, and Progress

The contractor shall have written policies and procedures on offender orientation and case management to include the:

! Pre-Arrival Screening and Planning

! Facility's program opportunities;

! Program components and what they mean;

! Facility's disciplinary system;

! Universal precautions;

! Sexual abuse/assault intervention;

! Human Immunodeficiency Virus (HIV) and Hepatitis B & C prevention (e.g., risks regarding sexual behavior and drug abuse); and

! Suicide prevention.

The contractor shall consult with the USPO when developing program plans for USPO cases. The program plan shall be signed by the contractor and offender, and when applicable, the supervising authority.

O. Employment

The contractor will develop and provide an employment assistance program. Emphasis should be placed on assisting the offender in finding viable employment that will potentially offer long term employment based upon their skills and capabilities. The SSC is responsible for providing offenders with employment assistance in accordance with, but not limited to the following:

• Job/placement develop resources both in the RRC and in the community to include the Department of Labor’s (DOL) One- Stop System;

• Assessment of interests, skills, and abilities to determine offender career choices

• Employment information assistance using computer-based technology and resources which include career assistance software and on-line resources, i.e., Internet, such as

America's Job Bank (Note: The SSC will have direct access to the Internet to meet this requirement.) Offenders using the Internet while at the CCC, must be supervised by staff (see Introduction).

• Portfolio development, resume writing, proper dress and interview techniques training;

• Individual and group counseling, case management, and post-release follow-up relative to employment within the community, to include the area where the offender plans to live following release;

• Employment job fairs either on-site or in partnership with other organizations such as community colleges; and

• To maximize job retention, every effort should be made to match an offender's skill levels to an actual job placement.

For example, an experienced heavy equipment operator may not be appropriately employed as a short order cook at minimum wage.

The SSC is encouraged to communicate with the BOP Inmate Transition Administrator, post contract award, to obtain pertinent and developing information in this area. The SSC may obtain the contact number to follow-up on this recommendation.

The SSC will utilize the offender’s needs assessment to identify specific areas of needs and measure the offender’s skills. The SSC will determine the focus of the offender’s pursuits i.e.

employment full time, furthering educational and vocational training, mental health treatment etc. All offenders are expected to be employed full time or involved in other full-time equivalent positive pursuits as determined by the SSC. The offender will be given a reasonable period of time not to exceed 30 calendar days to demonstrate active pursuit of full time employment, furthering educational and vocational training, active participation in mental health treatment etc. If it is determined by the SSC that limiting employment hours is warranted to address other identified needs the SSC will notify the CCM for approval.

P. Offenders Financial Responsibility

To provide for the continuity of the BOP’s institution policy concerning the Inmate Financial Responsibility Program the contractor shall establish a program to meet the following:

! All sentenced inmates with financial obligations will develop, with staff assistance, a financial plan to meet those obligations.

! Each financial plan will be monitored effectively to ensure satisfactory progress is being made.

! Appropriate consequences will be incurred for inmates who refuse to participate in the program or fail to comply with their financial plan.

The financial plan will include the following obligations, ordinarily in the order listed:

(1) Special assessments

(2) Court-ordered restitutions

(3) Fines and court costs

(4) State or local court obligations

(5) Other federal government obligations

The contractor will provide pertinent addresses (the Courts and United States Attorneys’ Offices) for making payments and to record the inmate’s progress toward meeting those obligations.

COST OF INCARCERATION FEE (COIF). The contractor shall contact the CCM for direction on all cases concerning the COIF. The contractor shall post PS 5380.06, Cost of Incarceration Fee (COIF), in the facility for all offenders to read. The contractor shall comply with the requirements of the COIF under the direction of the CCM.

SUBSISTENCE. To promote financial responsibility, the BOP requires offenders to make subsistence payments to the contractor. The contractor shall collect 25 percent of each employed offender's gross income (calculated for a week), not to exceed the total dollar amount of the contract's daily per-diem rate for one week.

For procedures to implement and calculate the subsistence amount, refer to Section J, Attachment 8, in the solicitation/contract.

Q. Parenting/Family

The contractor shall provide a program geared toward the enhancement of parenting skills, with special emphasis placed on those in a primary care giver role.

R. Transitional Programs

The contractor will implement and administer the Transitional Skills Program. This program is nine weeks long and utilizes interactive journals. The program is designed to be interactive with structured activities to address common issues offenders encounter during their transition back into the community.

The contractor is responsible for purchasing the Transitional Skills Journal for all offenders (except for TDAT participants).

Journals are to be purchased from The Change Companies, at

888-889-8866 or www.changecompanies.net. All offenders (except for TDAT participants) are required to participate in the Journaling program within two (2) weeks of their arrival at the facility and will sign a participation agreement. The contractor will be responsible for facilitating the group sessions and ensuring offenders complete the journal. The Facilitator’s Guide is available through the NIC Information Center, at 800-877-1461 or www.nicic.org.

The Transitional Skills groups will be no larger than 24 participants. The duration of the groups will be no less than one hour, 90 minutes is optimum and group sessions will be scheduled during the resident’s non-working hours. If an offender chooses not to participate, he or she will be restricted to the Community Corrections Component until release.

If the contractor has implemented a cognitive based counseling program to address offender transitional issues and believes their program is equivalent to the Transitional Skills program, they are to submit a copy of their program to the COTR for review and the COTR will make a determination of whether the program is acceptable as an alternative to the Transitional Skills program.

S. Cultural Diversity Programs

In order to promote cultural understanding and acceptance, the contractor shall provide educational and special programs to address cultural differences. Such programs will be developed in accordance with the cultural diversity of the offender population in the facility.

T. Marriage

The contractor shall refer a BOP offender's request for marriage to the CCM, with their recommendations. Marriage requests for offenders under supervision shall be forwarded to the USPO.

U. Offender Rules and Discipline Regulations

To promote a safe and orderly environment for inmates to live and staff to work, it is necessary for the contractor to impose discipline on those offenders whose behavior is not in compliance with established BOP or contractor rules.

The contractor will develop a discipline process for residents in the custody of the BOP that follows the requirements outlined in Wolff v. McDonnell, 418 US 539 (1974), and will incorporate the applicable portions and forms of the requirements outlined in

PS 5270.07, Inmate Discipline and Special Housing Units.

The contractor will assign one or more staff members as members of the facilities “Unit Discipline Committee.” Each of these individuals will be required to complete certification in BOP discipline procedures prior to administering any disciplinary processes. It is recommended that the contractor certify as many staff at or above the case management level as possible to ensure timely processing of disciplinary reports.

The contractor will use the prohibited acts outlined in Bureau of Prisons Program Statement 5270.07, Inmate Discipline and Special Housing Units, or its most recent issuance, and may add other approved minor rules as necessary for the safe and secure operation of the facility. If additional minor rules are added by the contractor, the contractor will associate available sanction(s) to impose for the violation of each added rule. When determining a sanction, the contractor will ensure the sanction is commensurate and appropriate to the violation.

The contractor will immediately advise the CCM when a 100 or 200 level discipline code is being written for an inmate. Completed CDC hearing packets will be forwarded to the CCM for review and further processing by the Discipline Hearing Officer (DHO). The CCM will advise the inmate and contract facility of the final sanction and will also advise the inmate of the appeal procedures.

All discipline actions completed by the contractor will be forwarded to the CCM for quality assurance review and included in the inmate’s file.

The contractor’s written discipline procedures will be reviewed and approved by the BOP prior to the issuance of the NTP.

V. Food Service

Food preparation shall be accomplished in accordance with the most recent edition of the U.S. Department of Public Health, Food Code, and state and local laws and regulations. Refer to Attachment K, Food Guide Pyramid.

The contractor shall clearly indicate whether food service is being provided in-house or by an outside source. When sub-contracted to an outside source, a copy of this agreement shall be provided, ensuring the following:

1) The contractor shall provide documentation that the vendor or food service provider is a full-service organization, capable of providing breakfast, lunch, and dinner. The contractor shall identify the individual in charge of the food service operation. In addition, the contractor shall identify the legal owner and operator of the food service company.

2) The contractor shall provide documentation that the owner possesses a permit issued by the regulatory authority authorizing them to operate a food service establishment.

W. Medical Services

Expenses for an offender’s medical and dental care shall be the responsibility of each offender. These may be personally paid or paid by the offender’s insurance. If the offender has no resources, the contractor shall make every effort to secure no-cost treatment. If no-cost treatment is not possible, the contractor shall contact the CCM to determine if the offender should be transferred to a BOP medical institution.

The contractor shall immediately notify the CCM of any emergency treatment. If the offender is unable to pay for the emergency treatment, the contractor shall pay and submit the paid invoice for reimbursement with the regular monthly billing to the CCM.

X. Administrative Remedy

The contractor shall establish written grievance procedures and make them available to all inmates.

The contractor shall comply with PS 1330.13, Administrative Remedy Program. The contractor shall stock and provide offenders with BOP administrative remedy forms to accommodate any claims directly related to BOP matters, e.g., disciplinary decisions or component assignment.

Y. Releases

The contractor shall provide written procedures to establish a formal release plan for offenders and execute appropriate release certificates. The plan shall include the offender's verified residence, employment, and training program. The contractor shall consult with the CCM regarding each offender's release to verify the actions required of the contractor.

Offenders shall be released during standard business hours. By 1:00 P.M. of the same day, the contractor shall telephonically notify the CCM of offenders who have released from the facility.

Releases outside this requirement must be coordinated with the

CCM.

RELEASE PLANNING. With the exception of FULL TERM RELEASE with no supervision to follow, staff shall submit a proposed release plan to the USPO for investigation and approval. This shall be completed six weeks prior to the release date.

Four weeks before a parole release date, staff shall submit a request for a parole certificate to the appropriate U.S. Parole Commission Office, with the USPO approval attached.

Parole certificates are mailed or faxed from the U.S. Parole Commission (USPC) directly to the facility. The contractor shall consult with the CCM to ensure the number of days remaining to be served are accurate and that any special conditions are noted on the reverse side of the parole certificate, prior to the offender being released from the facility. The contractor shall mail the signed parole certificate to the CCM.

NOTE: Conditions of release are read to the offender and the offender's signature (witnessed and dated by a staff member) is obtained on each of the parole certificates and SPT certificates, when applicable.

Each page of the certificate is signed individually, in pen, and is not carbonized. Release on parole is not effective without the offender's signature. Copies are distributed as follows: (a) original to offender;

(b)copy to USPO; (c)"institution copy" to CCM; and (d)copy to U.S. Parole Commission Office.

If an offender is releasing to some type of supervision, the contractor must advise the offender to report to the USPO within 72 hours of release from the facility.

RELEASE DOCUMENTS. The contractor shall verify all release documents with the CCM three days prior to release. The contractor shall ensure all release documents have original signatures, are dated, and appropriately distributed. The contractor is responsible, but not limited to the following:

! Parole Certificate, ! Mandatory Release Certificate, ! Special Parole Term Certificate, ! Conditions of Supervision, ! Notice of Release and Arrival, or

! Notice to the U.S. Attorney of Release of Inmate with Criminal Fine.

TERMINAL REPORT. The contractor shall complete a terminal report on all releasing offenders within five working days of release.

It shall follow the case notes format and shall include, the following:

! A description of adjustment, ! A prognosis for future adjustment, ! Suggestions on how the offender could have been better prepared for his/her placement in the facility, ! Final status of offender's money, i.e., obligation payments, savings, and

! Release plans, including: residence, employment, and salary.

Distribution: original to BOP, copy to the USPC (if applicable), and a copy to the appropriate USPO.

PROPERTY. The contractor shall establish and maintain procedures to dispose of an offenders' personal property in the event of death, escape, or transfer. Inventory must be accomplished by no less than two staff, each of whom will sign and complete an inventory list. Property shall be secured and inventoried as soon as possible following death, escape, or transfer.

Personal property left behind by an escapee shall be considered voluntarily abandoned. The contractor shall contact the CCM for instructions. If an offender is being held in a local jail, whoever was listed to be notified on the intake screening form, will be advised to pick up the property after the property is released by the investigating officers, if applicable.

FILES. Upon completion or…