04 - RRC SOW

STATEMENT OF WORK

(SOW)

Western Region (WXR)

RESIDENTIAL RE-ENTRY CENTER

August 2007

As Revised by WXR:

September 2007

TABLE OF CONTENTS

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . Page 1

CHAPTER 1 - Administration and Organization .. . RRC SOW, Page 6

CHAPTER 2 - Personnel. . . . . . . . . . . . . RRC SOW, Page 11

CHAPTER 3 - Facility.. . . . . . . . . . . . . RRC SOW, Page 23

CHAPTER 4 - Life/Safety. . . . . . . . . . . . RRC SOW, Page 28

CHAPTER 5 - Sanitation & Environment.. . . . . RRC SOW, Page 32

CHAPTER 6 - Electrical Safety. . . . . . . . . RRC SOW, Page 34

CHAPTER 7 - Hazardous Materials. . . . . . . . RRC SOW, Page 36

CHAPTER 8 - Pest Control & Waste Management.. RRC SOW, Page 39

CHAPTER 9 - Referral and Intake Processing.. . RRC SOW, Page 40

CHAPTER 10 - Programs RRC.. . . . . . . . . . . RRC SOW, Page 45

CHAPTER 11 - Discipline.. . . . . . . . . . . . RRC SOW, Page 74

CHAPTER 12 - Administrative Remedy. . . . . . . RRC SOW, Page 86

CHAPTER 13 - Food & Medical Services. . . . . . RRC SOW, Page 87

CHAPTER 14 - Records and Reports. . . . . . . . RRC SOW, Page 94

CHAPTER 15 - Release Procedures.. . . . . . . . RRC SOW, Page 98

CHAPTER 16 - Escape Procedures. . . . . . . . . RRC SOW, Page 101

CHAPTER 17 - Serious Illness, Injury, or Death. RRC SOW, Page 103

CHAPTER 18 - USPO Cases.. . . . . . . . . . . . RRC SOW, Page 104

CHAPTER 19 - Research and Evaluation. . . . . . RRC SOW, Page 106

CHAPTER 20 - BOP Inspections. . . . . . . . . . RRC SOW, Page 107

CHAPTER 21 - Cost Reimbursements .. RRC SOW, Page 115

Table of Content, Page i

List of Attachments

REQUEST FOR CONTRACT STAFF BACKGROUND INVESTIGATION. Attachment A

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

SUPERVISION RELEASE PLAN. . . . . . . . . . . . . . Attachment C

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

RESIDENT EMPLOYMENT VERIFICATION/NOTIFICATION FORM...Attachment E

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

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

AGREEMENT TO PARTICIPATE IN THE BUREAU OF PRISONS TRANSITION

SKILLS GROUP.. . . . . . . . . . . . . . . . . . . . Attachment H

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

PROHIBITED ACTS AND DISCIPLINARY SEVERITY SCALE GREATEST CATEGORY

. . . . . . . . . . . . . . . . . . . . . . . . . . Attachment J

Table of Content, Page ii

LIST OF BOP FORMS

(provided by CCM)

NAME OF FORM Chapter Reference

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 CCC DRUG TREATMENT REQUIREMENT

WAIVER OF APPEARANCE (RRC’S)

Table of Content, Page iii

LIST OF BOP PROGRAM STATEMENTS

(Referenced in the Statement of Work)

Program Statement Referenced Chapter

PS 1330.13 Administrative Remedy Program

PS 1351.05 Release of Information

PS 1480.05 News Media Contacts

PS 3735.04 Drug Free Workplace

PS 5270.07 Inmate Discipline and Special Housing

PS 5380.06 Cost of Incarceration Fee (COIF)

PS 5800.13 Inmate Systems Management Manual

PS 6060.08 Urine Surveillance and Testing Program

PS 6590.07 Alcohol Surveillance and Testing program

PS 7310.04 Community Corrections Center (CCC) Utilization and Transfer Procedure

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

PS 5324.06 Sexually Abusive Behavior Prevention and Intervention Program

PS 5321.07 Unit Management Manual (Attachment B)

PS 5280.08 Furlough

PS 1415.03 Community Relations Board

Program Statements may be found on the Bureau of Prisons Internet Home Page, www.BOP.gov.

The policy statements numbers listed above were current at the time of this SOW revision, however, it is the Bureau’s expectation that the contractor maintain and implement subsequent policy updates as they occur. This will require the contractor to routinely review policy statements to ensure they are utilizing the most current version.

Table of Content, Page iv

CONTRACTOR REQUIRED TRAINING

(Referenced in the Statement of Work)

Training Chapter Referenced

Staff annually review (with documentation) Contractor’s Operations Manual 1

20 hours of staff Annual Training with required topics 2

Staff training on duties and responsibilities prior to working with federal inmates. 2

A minimum of one Key Staff will attend BOP Regional training as offered 2

Staff acknowledge receipt and understanding of Contractor’s Employee Standards of Conduct 2

The contractor will develop and implement a comprehensive staff training program addressing the facility’s sexual abuse/assault/misconduct prevention and intervention program. 2

The contractor will provide a brief orientation program for all volunteers and provide specific written guidance in the format of a “Volunteer Manual”. 2

The contractor will train all staff in emergency procedures within one week of their initial employment. In addition, the contractor will include emergency training in annual refresher training. 4

The contractor will train all staff in the proper handling and use of all hazardous, toxic, caustic, and flammable materials within two weeks of their initial employment or whenever a new hazard is introduced into their work area and annually thereafter. 7

Table of Content, Page v

STAFF TRAINING REQUIREMENTS CONTINUED

Training Chapter Referenced

The contractor will train staff on the proper techniques for offender pat, room, vehicle, and common area searches. This training will be conducted within the first week of employment and annually thereafter. 10

The rules of conduct and sanctions for resident discipline infractions will be defined in writing and communicated to all staff. 11

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. 11

Staff must be familiar with the Administrative Remedy Program Statement. 12

Table of Content, Page vi

INTRODUCTION

The Bureau of Prisons (BOP) provides community-based residential and nonresidential correctional services through contractual agreements with state, county and city governments and private corrections contractors. These contractors provide services which include employment and residence development and other self-improvement opportunities to assist federal offenders in becoming law-abiding citizens.

1. OBJECTIVE. The objective is to establish a Residential Reentry Center (RRC) that provides comprehensive community-based services for offenders, who are in the custody of the BOP, United States Attorney General, or under the supervision of the United States Probation Office (USPO).

2. STATEMENT OF WORK (SOW). The SOW sets forth the contract performance requirements for the management and operation of a RRC for federal offenders. The contractor will ensure that the RRC operates in a manner consistent with the mission of the BOP.

The mission is to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost efficient and appropriately secure, that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

3. PLACEMENT OF OFFENDERS. Only the Community Corrections Manager (CCM) or their designee can approve a federal offender's placement at a RRC.

4. CONTRACTOR'S RESPONSIBILITY. The contractor will furnish all 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.

5. BOP'S PHILOSOPHICAL BASE. The BOP can successfully carry out its mission because its operations are firmly grounded in a set of common values and functional goals. A clear vision of the BOP's organizational and individualized responsibilities exist among employees. The BOP, as an organization, has a set of values and shared attitudes that guide staff's actions. These values are a source of pride and professionalism to all employees, as they see them reflected in safe, humane and cost effective operations, and in the fair treatment of offenders.

The following values are important for contract employees to understand, because they describe some of the major portions of

Introduction, Page 1 the BOP's core values as well as are governed by the Employee Code of Conduct for both BOP and contract employees.

These are important guiding principles for contract employees.

They provide direction for decisions that carry out the BOP's mission. They also are the foundation of many expectations that the BOP will place on contract employees throughout performance of the contract.

• Sound Correctional Management — The BOP maintains effective security and control of its offenders in RRC facilities utilizing the least restrictive means necessary. This approach is the essential foundation of all sound correctional management programs.

• Correctional Workers First — All BOP employees share with contract employees a common role as correctional workers and a mutual responsibility for maintaining safe and secure facilities and for modeling society's mainstream values and norms to offenders.

• Promotes Integrity — The BOP firmly adheres to a set of values that promotes honesty, integrity, and professionalism in order to ensure public confidence in its programs. These values also include the agency's prudent use of its allocated resources.

• Recognizes the Dignity of All — Recognizing the inherent dignity of all human beings and their potential for change, the BOP treats offenders fairly, is responsive to their needs, and affords them opportunities for self-improvement to facilitate successful reentry into the community. The BOP recognizes that offenders are incarcerated as punishment, not for punishment.

• Community Relations — The BOP recognizes and facilitates the integral role of the community in accomplishing the BOP's mission. The BOP also works cooperatively with other law enforcement agencies, the Courts, and other components of the Government. BOP staff visit regularly with CCC contract employees to exchange information on areas of mutual concern. RRCs have proven to be invaluable in maintaining a productive link between the institution and the community in which it is located.

• High Standards — The BOP requires high standards of staff integrity, safety, security, sanitation, and discipline, Introduction, Page 2 that promotes a physically and emotionally sound environment for both staff and offenders.

Contract employees need to be firm but fair, humane but careful, in their interactions with offenders.

The RRC has an obligation to provide offenders with an opportunity to acquire the necessary skills for self-improvement and practice law-abiding behavior upon release. Offenders must participate in maintaining family and community ties, through correspondence, visitation and planning for eventual release through participation in pre-release classes and other programs.

They have the obligation to honor their debts and begin payment while confined. Each offender is personally responsible for taking advantage of available RRC programs.

6. CONTRACT PERFORMANCE. All services and programs will comply with the SOW; the U.S. Constitution; all applicable federal, state and local laws and regulations; applicable Presidential Executive Orders (E.O.); all applicable case law; and Court Orders. Should a conflict exist between any of the aforementioned standards, the most stringent will apply. When a conflict exists and a conclusion cannot be made as to which standard is more stringent, the BOP will determine the appropriate standard. The contractor will comply with and implement any applicable changes to BOP policy, Department of Justice (DOJ) regulation, Congressional mandate, Federal law or E.O.

The BOP reserves the right to enter into negotiations with the contractor to change the conditions or procedures in this SOW and contract. Should the BOP invoke such changes, the contractor retains rights and remedies to equitable adjustment under the terms and conditions of the contract.

The BOP reserves the right to have various staff monitor contract performance. The BOP reserves the right to conduct announced and unannounced inspections of any part of the facility at any time and by any method to assess contract compliance.

The BOP may investigate any incident pertaining to the performance of this contract. The contractor will comply and cooperate with the BOP on all investigations, monitoring visits, inspections and inquiries.

The contractor will report all criminal activity related to the performance of this contract to the appropriate law enforcement investigative agency, e.g., Federal Bureau of Investigation, Introduction, Page 3

United States Marshals Service, state and local authorities, and immediately notify the CCM of the report. The contractor will immediately report to the CCM any person or agency requesting to use an offender in any investigation.

The contractor will submit any request for contract changes through the CCM to the Contracting Officer (CO) for approval.

When electronic media, e.g., the Internet, is used by the contractor, the contractor will manage the information in accordance with federal law. Offenders shall have supervised access to the Internet while in the facility but access to the internet should be restricted to conducting routine tasks such searching for employment and reviewing email. At no time should an offender be allowed to access the internet for “surfing,” without approval of the Case manager and when approved, should be limited to search specific criteria.

Note: Offenders convicted of computer related crimes are strictly prohibited from using internet accessible computers.

The electronic submission of correspondence including responses to monitoring reports is required unless approved by the CCM.

The contractor is required to ensure that no information protected under the Freedom of Information Act is transmitted without providing appropriate security measures. The contractor will transmit all documents in Adobe PDF format or using compatible software required by the CCM.

7. SCOPE OF WORK. The contractor will comply with all requirements in this SOW and other reference documents as indicated. The technical proposal is incorporated into the contract unless otherwise stated in the contract or defined by the CCM.

The contractor will develop operational policies and procedures that follow the requirements contained in this SOW and of generally accepted correctional practice as defined by the COTR.

Except as otherwise provided for in this SOW, all federal offenders will receive the same treatment and services.

The contractor has the responsibility to ensure proper management and oversight of their program. Absentee ownership will not mitigate program integrity, responsiveness or responsibility.

The contractor will protect, defend, indemnify, save and hold harmless the United States Government, the BOP and its employees

Introduction, Page 4 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 will also be liable for any and all costs, expenses and attorneys fees incurred as a result of any such claim, demand, cause of action, judgement or liability, including those costs, expenses and attorneys fees incurred by the United States Government, the BOP and its employees or agents. The contractor’s liability will not be limited by any provision or limits of insurance set forth in the resulting contract.

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

In awarding the contract, the Government does not assume any liability to 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.

Introduction, Page 5

CHAPTER 1 - Administration and Organization

The contractor will maintain a current written operations manual that is available to all staff. It will describe the purpose, philosophy, programs, services, policies and procedures of the facility, and be updated on an as-needed basis. It will describe the daily operational procedures for the respective facility and should not be used as a universal operational manual for other facilities. The operations manual will address each chapter of the SOW. Staff will have a general understanding of the operations manual. The contractor must operate in accordance with the operations manual. The operations manual will not circumvent the SOW requirements. The operations manual is a separate manual from the technical proposal. Staff shall at least annually review the operations manual and the contractor will document both the date of individual staff reviews, their printed names, and signatures. New staff are required to review and document their review within the first two weeks of their employment. The operations manual will be available for review by the BOP during inspections of the facility.

The contractor will report, through the CCM, to the CO any deviation from the requirements of this SOW. The CCM will interpret the requirements of this SOW.

Any disagreement regarding contract performance should first be disputed, or addressed, with the Contracting Officer’s Technical Representative (COTR). If the conflict cannot be resolved with the COTR, then the issue should be elevated to the Regional Management Center Administrator or the Community Corrections Regional Administrator. If an agreement still cannot be reached then the contractor should address the Contracting Officer, in writing.

The contractor will develop a written mission statement, long-range goals, and objectives, which will be available for review by the BOP during inspection of the facility.

1. AMERICAN CORRECTIONAL ASSOCIATION (ACA). The BOP encourages the contractor to acquire certification in accordance with the most current edition(s) of the ACA Standards for Adult Community Residential Services. All facilities with contracted inmate beds in the major use category, regardless of current facility count, are required to become ACA accredited within two years after being issued their Notice to Proceed.

If the facility is not ACA accredited, the contractor will use the most recent edition(s) of the ACA Standards for Adult

RRC SOW, Page 6

Community Residential Services as a guide in developing the operations manual.

The contractor will advise the CCM in writing of their intent to seek ACA accreditation.

2. PERFORMANCE. The contractor will maintain a current contingency plan to ensure continuity of service should unforseen circumstances occur, such as employee work actions or strikes, natural disasters, or terrorist activities, etc. The plan must be available to the BOP for inspection upon request.

The contractor will provide at least 75 percent of the contract requirements by using employees compensated directly by the contractor. This means the contractor cannot subcontract more than 25 percent of the contract requirements. The intent is to create a uniform composition of services under the control and supervision of the facility director. The contractor will submit all proposed subcontracts to the BOP for approval when the contractor intends to seek the services of a subcontractor, e.g., food service or facility maintenance.

3. INFORMATION. The contractor will comply with the requirements of the Freedom of Information Act 5 U.S.C. §552, Privacy Act, 5 U.S.C. §552a. and 28 CFR part 16, Production or Disclosure of Material or Information and Bureau Program Statement, Release of Information. The contractor will seek the CCM's approval before releasing BOP records in response to a request for information. All documents produced as a result of this contract will become the property of the BOP.

It is incumbent upon the contractor to ensure the integrity and security of all documents and media by observing the BOP’s requirements as outlined in the most current version of Program Statement 1237, “Information Security Program”. The contractor will have written policy and procedures for staff managing information.

a. Government Contacts. The contractor will post and display in a conspicuous location a listing of the names, addresses, and telephone numbers of the responsible Community Corrections Regional Administrator (CCRA), Assistant Community Corrections Regional Administrator and/or Management Center Administrator (MCA), Transitional Drug Abuse Treatment Coordinator (TDAT-C), CCM, Regional Director, and Chief USPO.

b. Congress. The contractor will immediately notify the CCM when a request, e.g., information or tour of the facility, is

RRC SOW, Page 7 made by a member of the United States Congress to the contractor.

c. News Media. The contractor will notify the CCM when a request or contact is made by any media representative, i.e., a person whose principal employment is to gather or report news for a newspaper, magazine, national or international news service, or radio or television news program. These requests or contacts may include, but are not limited to, interviews, visits or impromptu questions with staff or offenders. Contractors may reference the Bureau Program Statement, News Media Contacts.

The contractor will coordinate all public information issues with the CCM and clear, in advance, all press statements and releases.

The contractor will ensure employees agree to use appropriate disclaimers clearly stating that the employees' opinions do not necessarily reflect the position of the BOP or DOJ in any public presentations they make or articles they may write that relate to any aspect of the contractor's performance in this contract.

d. Documentation. The contractor will document that all requirements of this SOW are being met. The contractor has the affirmative responsibility to prove the requirements are being met.

The contractor will maintain documentation showing their standing as a legal entity, or part of a legal entity, and will maintain documentation indicating legal measures have been taken to provide continuity of service in case of incapacitation, retirement, or death of the contractor.

The contractor will maintain documentation of their tax exempt status, if applicable.

The contractor will have valid liability and property insurance for the facility and equipment, with documentation available for review.

e. Meetings. The facility director will conduct staff meetings at least monthly to foster communication, establish policy, discuss problems, ensure compliance with SOW requirements, and accomplish program objectives. The contractor will distribute new or revised policy and procedure to staff, volunteers, and if appropriate, offenders. The contractor will document these meetings with written minutes to include staff attendance. This documentation will be made available to the BOP for inspection upon request.

RRC SOW, Page 8

f. Equipment. The contractor will have a working facsimile machine, computer, and telephone capabilities. Additionally, the contractor will have a computer with Internet capabilities to include Internet Explore browser for communicating with the CCM office.

g. Translation. The contractor will provide for the translation of facility rules, emergency diagrams, and other related documents into a foreign language as required by the composition of the offender population.

4. Community Outreach. The BOP believes it is extremely important and vital to develop and maintain positive community relations. This may be accomplished through development of a community relations board OR development of an outreach program.

If the contractor chooses to develop an outreach program, they must provide written policy and procedures that offers ongoing, positive communication between the facility, local community, elected officials, law enforcement and citizens. The program must describe the approach to educating the local community about the goals and mission of the RRC and maintaining the support of the community. The program must also include specific activities that will be conducted on a quarterly basis.

If the contractor chooses to develop a community relations board, they must follow the standards set forth in the P.S. 1415.03 Community Relations Board.

5. QUALITY CONTROL. The contractor will develop a quality control plan (QCP), i.e., an internal system for monitoring programs through inspections or reviews conducted by the facility director or other staff. The contractor will maintain quarterly written summaries of their QCPs and shall submit them to the CCM upon request.

A QCP is a written group of activities designed to ensure a standard of excellence. QCPs can be viewed as a system or process for monitoring program outcomes through inspections or reviews. These plans are intended to provide the responsible program manager with key information to help measure the quality of work performed. The successful development and implementation of a QCP should allow program managers to operate within acceptable quality levels.

A QCP should clearly identify the following:

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! the specific program outcome to be monitored (e.g., RRC referrals - timeliness, responsiveness, completeness of individual program plans - timeliness, accuracy of accountability methods), ! the staff responsible for completing the inspections.

Program managers should have their QCP reviewed and approved by their supervisors, to include any revisions. Policy changes, QCP inspection reports, operational and/or program review reports, and staff turnovers could indicate a need for QCP revisions.

6. FISCAL RESPONSIBILITIES. The contractor will operate according to an annual written budget of anticipated revenues and expenditures. The contractor will have policy and procedures for the receipt, safeguarding, disbursement, and recording of funds that comply with generally accepted accounting practices.

RRC SOW, Page 10

CHAPTER 2 - Personnel

1. STAFF COVERAGE. The contractor will have trained, paid staff, dressed and awake, on the premises to provide 24 hour coverage, seven days a week that provides for safe and secure supervision of all federal offenders, and that provides for the orderly running of the CCC. Due to the required professionalism of these positions, 75% or more of the contractor’s employees must be hired in a full time (40 hours/week of paid compensation)capacity.

The contractor will staff at least two positions(one male and one female if the facility is co-ed) 7-day post, 24 hours a day, dedicated only to the supervision of offenders. This requirement is not mandated for minor use facilities (15 or less offenders) contracts. These 7-day posts cannot be covered by other positions such as case managers or facility directors. The intent is that these posts will devote 100 percent of their time supervising offenders. Additionally, the contractor will staff the facility with enough staff to ensure that all areas of the facility utilized as well as the number of offenders supervised can be accomplished on a routine basis. The contractor will also provide key personnel in accordance with the number of offenders residing in a facility (see Key Personnel). Additionally, a management level staff member will be on duty at the facility when most residents are at the facility and awake. Ordinarily this would be from 6:00 a.m. to 11:00 p.m.

Housing configurations, e.g., several buildings, require the contractor to determine the number of staff needed to safely and securely supervise the federal offenders.

a. Staffing Pattern. The contractor will concentrate staff when most offenders are available for program activities, normally during the evening hours. A key staff member will be available on site Monday-Friday 8:00 a.m. to 4:00 p.m.

The contractor will submit, a sample of a weekly work schedule by position clearly defining the duty hours of each position. The sample schedule will indicate which positions are full-time and which are part-time. In addition, the work schedule will identify if the positions are devoted to federal offender supervision and/or program activities. The intent is to ensure that the contractor adequately staffs for both program activities and offender supervision.

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If the contractor's facility also houses non-federal offenders, the contractor will specify what percentage of each position's time will be devoted to the federal contract.

The contractor will develop a retention program designed to minimize employee turnover.

b. Staff/Offender Ratio. The contractor is always responsible for the appropriate supervision of federal offenders and the orderly running of the RRC. The staff/offender ratio established in the contract, contributes to the contractor's ability to safely and securely operate the RRC. The contractor will notify the CCM of any unforseen circumstance which may affect the safety, security or orderly running of the RRC. Accordingly, the CO may determine that an adjustment to the staff/offender ratio is warranted. The contractor will comply with any change(s) to the ratio as directed by the CO.

1) Population Changes. If the average monthly population (AMP) changes from the BOP's original projection for three consecutive months, the staff/offender ratio may be changed in accordance to the following:

a) If the AMP exceeds the original estimate by 25 percent for three consecutive months, the contractor will add qualified staff consistent with the original staff/offender ratio.

b) If the AMP is 25 percent below the original estimate for three consecutive months, the contractor may reduce staff consistent with the original staff/offender ratio, as long as the contractor continues to provide safe and secure supervision of federal offender.

c. Key Personnel. 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

RRC SOW, Page 12 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.

d. Training. The contractor will develop an employee training program in addition to any BOP provided training.

1) Staff Training. Prior to working with federal inmates all staff must receive training on their respective duties and responsibilities. The contractor will document the employees' understanding and participation, to include time and date of completion. A copy will be maintained in the employee’s personnel file.

2) Annual Refresher Training. The contractor will provide staff with at least 20 hours of annual refresher training relating to the operation of the RRC. The contractor will document the training topics, date, time and participants. The training will at least cover the following:

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• Discipline procedures for offenders

• Demonstrate working knowledge and competency of the discipline procedures by passing the standardized test administered by the COTR;

• Emergency Plans;

• Staff integrity and ethics;

• Accountability and security procedures;

• Life, safety and emergency procedures;

• Offender searches;

• Signs of suicide and suicide precautions;

• Use of force regulations and tactics;

• CDC Report writing;

• Universal precautions;

• Interpersonal relations and communication skills;

• Social and cultural life styles of the offender population;

• Prevention, identification, and handling of sexual abuse/assault incidents (see Chapter 22) and

• Basic first aid.

3) BOP Training. At least one key personnel staff member will attend and participate in the BOP regional training meeting, which is ordinarily scheduled every two years. The contractor is responsible for all costs associated with attending this training.

2. ORGANIZATIONAL CHART. The contractor will maintain a narrative description and diagramed organizational chart outlining the structure of authority, responsibility, and accountability of both the facility and company. The intent is to gain an understanding of the "chain-of-command" between the governing board, chairperson of the board, chief executive officer, president, authorized negotiator, facility director to include key personnel, and other staff who will be directly supervising the federal offenders.

3. PERSONNEL RECORDS. The contractor will maintain a complete, private, and current personnel file for each employee. All personnel files must be stored in a locked compartment accessible to senior management staff only. The contractor will ensure the files are readily available for BOP review upon request.

The contractor will have a written personnel manual specifically for the respective facility. The personnel manual is a separate manual from the operations manual. The policies and procedures will cover at a minimum the following areas:

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!Staff coverage !Personnel records !Staff training !Recruitment !Staff discipline !Separation from work !Staff retention !Performance evaluation !Organizational chart !Standards of Conduct !Staff orientation !Volunteers !Staff development !Resignation

a. Affirmative Action. The contractor will have a written policy specifying that equal employment opportunities exist for all positions. Full consideration will be given to the recruitment, hiring, placement, retention, training, and advancement, of women, members of minority groups, disabled veterans, and qualified individuals with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job in question. The contractor will not discriminate against individuals based on race, color, religion, sex, national origin, physical or mental disability, age, retaliation, or sexual orientation. In addition, the contractor will not prevent women from working in male offender programs or men from working in female offender programs.

b. Newly Hired Employees. The contractor will have written policy providing for a probationary term followed by permanent status for newly hired or newly promoted employees. At a minimum, employee probationary periods should be no less than six

(6) months but shall remain on probationary status till their final clearance is granted by the CCM.

c. Job Descriptions. 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

RRC SOW, Page 15 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

d. Social Security Card. The contractor will ensure each employee and any subcontractor, has a social security card issued by the U.S. Social Security Administration, and is a United States citizen.

4. BACKGROUND INFORMATION. Contract employees must be approved by the CCM before they may work with federal offenders.

The contractor will secure a completed and signed REQUEST FOR CONTRACT STAFF BACKGROUND INVESTIGATION form, Attachment A, for all individuals the contractor has determined is appropriate for employment and any person who will work with federal offenders.

The contractor will then submit this form to the CCM. The CCM will begin the fingerprint and background checks. The contractor will 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 screen applicants to determine their acceptability to work with federal offenders. The contractor will not submit the name of any person the contractor does not employ or intend to employ.

This person will not begin working with federal offenders before clearance is obtained from the CCM. The CCM may grant the person temporary clearance to work with federal offenders after the NCIC/NLETS check is conducted if the results of the check are appropriate. The contractor will understand that the granting of final approval will not occur until after the CCM receives a response(s) from the fingerprint or other background checks and these checks prove to be appropriate.

The CCM will ordinarily approve a person to work with federal offenders in accordance with guidelines established in the current version of the BOP Program Statement, Contract Staff Integrity for Privately Operated Community Corrections Residential Facilities.

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This action does not 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 contractor will voucher potential employees through reference and employment checks. The contractor will document information regarding reference and employment checks in the employee's personnel file.

The contractor will verify training and experience of all staff.

This includes credentials for all professional staff. The contractor will document the verification in the personnel file and make it available during inspections.

The Facility Director may be required to fingerprint proposed staff as directed by the COTR. The completed fingerprint cards will be mailed to the CCM for processing.

5. CONTRACTOR’S EMPLOYEE STANDARDS OF CONDUCT. The contractor will develop and use written policy, procedures and practice, herein called Contractor’s Employee Standards of Conduct, for employee conduct, ethics and responsibility. The contractor will notify its employees of the contractor’s Employee Standards of Conduct.

The contractor will require all employees to sign an acknowledgment that they have received and understand the contractor’s Employee Standards of Conduct. The acknowledgment will indicate that the contractor will require all employees to cooperate fully by providing all pertinent information which they may have to any investigative authority. Full cooperation includes truthfully responding to all questions and providing a signed affidavit, if requested. The contractor will retain a signed copy of this acknowledgment in each of its employees’ personnel files.

Attorneys may not be present or involved in administrative investigations. Attorney involvement includes, but is not limited to; presence during interviews, review of employee affidavits, and receipt of investigative summaries or documents from the investigative authority. If at any time an investigation uncovers evidence of criminal behavior, the investigation process will immediately stop and appropriate law enforcement officials will be notified.

Investigative authorities include, but are not limited to, investigations conducted by the Department of Justice, (e.g., the Federal Bureau of Investigation, U.S. Marshals Service, Office of

RRC SOW, Page 17 the Inspector General, Office of Professional Responsibility, BOP Office of Internal Affairs, BOP Special Investigative Agent, BOP Special Investigative Supervisor, Equal Employment Opportunity Investigator) and others (e.g., Department of Labor, Office of Personnel Management, U.S. General Accounting Office), or any other agent or agency the COTR authorizes or directs to conduct an investigation.

a. At a minimum, the Contractor’s Standards of Employee Conduct will require employees to conduct themselves in accordance with the following standards:

The contractor will require its employees to conduct themselves professionally and in a manner that creates and maintains respect for the RRC, BOP, the Department of Justice (DOJ), and the U.S.

Government.

The contractor will require its employees to avoid any action that might result in, or create the appearance of, adversely affecting the confidence of the public in the integrity of the CCC, BOP, DOJ and U.S. Government.

The contractor will require its employees to uphold all ethical rules governing their professions, including compliance with applicable licensing authority rules, unless they conflict with legal laws.

The contractor will prohibit its employees from using or possessing illegal drugs or narcotics. The contractor will prohibit its employees from abusing any drugs or narcotics. The contractor will prohibit its employees from using alcoholic beverages and being under the influence of alcohol while on duty, present in the facility, or immediately before reporting for duty. The contractor will indicate to contractor’s employees that when a contractor’s employee’s blood alcohol content level is 0.02 percent or greater he or she will be considered to be under the influence of alcohol.

The contractor will prohibit its employees from showing partiality toward, or become emotionally, physically, sexually, or financially involved with offenders, former offenders, or the families of offenders or former offenders. Chaplains, psychologists, and psychiatrists may continue a previously established therapeutic relationship with a former offender in accordance with their respective codes of professional conduct and responsibility.

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The contractor will prohibit its employees from engaging in sexual behavior with an offender. The contractor will indicate to its employees that regardless of whether force is used or threatened, there can be no “consensual sex” between contractor’s employees and offenders.

The contractor will develop and implement a comprehensive staff training program addressing the facility’s sexual abuse/assault/misconduct prevention and intervention program.

The contractor will meet all requirements, elements and protocols of the PS 5324.06 Sexually Abusive Behavior Prevention and Intervention Program.

The contractor will prohibit its employees from offering or giving an offender or a former offender or any member of an offender’s family, or to any person known to be associated with an offender or former offender, any article, favor, or service, which is not authorized in the performance of the contractor’s employee's duties. The contractor will prohibit its employees from accepting any gift, personal service, or favor from an offender or former offender or from anyone known to be associated with or related to an offender or former offender. The contractor’s Standards of Employee Conduct, will clearly state that this staff prohibition includes any involvement with an offender’s family members or any known associates of an offender.

The contractor will prohibit its employees from showing favoritism or give preferential treatment to one offender, or a group of offenders, over another offender.

The contractor will prohibit its employees from using profane, obscene, or otherwise abusive language when communicating with offenders, fellow employees, or others. The contractor will require its employees to conduct themselves in a manner that is not demeaning to offenders, fellow employees, or others.

The contractor will prohibit its employees from having any outside contact with an offender, ex-offender, offender's family or close associates, for a period of one year from the last day of the offender's sentence or supervision, whichever is later, except those activities that are an approved, integral part of the RRC program and a part of the its employee's job description.

The contractor will prohibit its employees from engaging in any conduct that is criminal in nature or which would bring discredit upon the RRC, BOP, DOJ or U.S. Government. The contractor will require its employees to conduct themselves in a manner that is above reproach. The contractor will require its employees to

RRC SOW, Page 19 obey, not only the letter of the law, but also the spirit of the law while engaged in personal or official activities.

The contractor will require its employees charged with, arrested for, or convicted of any felony or misdemeanor, to immediately inform and provide a written report to the facility director.

The facility director will immediately report the incident to the COTR. Misdemeanor traffic violations are exempt from this reporting requirement. The contractor will prohibit its employees from using brutality, physical violence, or intimidation toward offenders, or use any unauthorized or inappropriate force.

The contractor will prohibit its employees from engaging in inappropriate supervisor/subordinate relationships, to include but not limited to, emotional, sexual, financial or physical.

The contractor will prohibit its employees from possessing lethal weapons or weapons which may inflict personal injury, to include pepper spray or other self-defense type of chemical agents, in the facility or while on duty. The contractor will also prohibit contractor’s employees from storing lethal weapons or weapons which may inflict personal injury, to include pepper spray or other self-defense type of chemical agents, in vehicles under their control parked on or adjacent to the facility. Offenders will not possess or use any of these items at any time.

The contractor will prohibit any of its employees who are suspected of violating the contractor’s Employee Standard of Conduct from contact with federal offenders until a disposition is made by the COTR.

b. The contractor will not conduct an investigation of any misconduct allegation without the COTR’s approval.