4 - Section C Attachment - Secure Juvenile SOW.pdf

FEDERAL BUREAU OF PRISONS

STATEMENT OF WORK

CONTRACT SECURE JUVENILE FACILITY

AMENDED February 2004

TABLE OF CONTENTS

INTRODUCTION

CHAPTER 1: ADMINISTRATION

CHAPTER 2: FISCAL MANAGEMENT

CHAPTER 3: PERSONNEL

CHAPTER 4: STAFFING PATTERNS

CHAPTER 5: TRAINING

CHAPTER 6: FACILITY

CHAPTER 7: LIFE SAFETY

CHAPTER 8: ELECTRICAL SAFETY

CHAPTER 9: TOXIC, CAUSTIC, AND FLAMMABLE MATERIALS

CHAPTER 10: PEST CONTROL

CHAPTER 11: SANITATION AND HYGIENE

CHAPTER 12: SECURITY AND CONTROL

CHAPTER 13: SUPERVISION OF JUVENILE OFFENDERS

CHAPTER 14: JUVENILE OFFENDER DISCIPLINE

CHAPTER 15: ADMINISTRATIVE REMEDY PROCEDURES

CHAPTER 16: REFERRAL AND INTAKE PROCESSING

CHAPTER 17: SERVICES

CHAPTER 18: JUVENILE OFFENDER RIGHTS

CHAPTER 19: CASE MANAGEMENT

CHAPTER 20: PROGRAMMING OF JUVENILES

CHAPTER 21: RECORDS AND REPORTS

CHAPTER 22: ESCAPES, DEATHS, AND SIGNIFICANT INCIDENTS

CHAPTER 23: RELEASE FROM SERVICE OF SENTENCE

CHAPTER 24: SEXUAL ABUSE/ASSAULT PREVENTION AND INTERVENTION. 65

CHAPTER 25: JUVENILES UNDER SUPERVISION

CHAPTER 26: RESEARCH AND EVALUATION

CHAPTER 27: INSPECTIONS

LIST OF ATTACHMENTS

REQUEST FOR MEDICAL TREATMENT

PROHIBITED ACTS

LIST OF BOP FORMS

INTRODUCTION

A. BACKGROUND

This Statement of Work (SOW) sets forth the contract performance requirements for the comprehensive management and operation of a secure juvenile correctional facility.

The Bureau of Prisons (Bureau) enters into agreements with tribal, state, and local governments, and into contracts with private organizations, to provide for the secure care and confinement of federal juvenile offenders in correctional facilities. Contractors are responsible for ensuring the safety, care, security, control, accountability and custody of juvenile offenders, and providing for public protection through a system of written policies, procedures, and practices that are based on recognized juvenile correctional practices.

B. OBJECTIVE

The objective of this contract is to provide rehabilitation and accountability for federal juvenile offenders in a secure setting and also address public protection. These offenders include those sentenced to the custody of the Bureau or placed as a condition of supervision by Federal Courts.

C. EXPLANATION OF TERMS

1. Bureau of Prisons (Bureau): A component of the Department of Justice, providing high quality correctional services to confined adult and juvenile federal offenders, through a well-managed, varied network of prison and community-based programs.

2. Community Corrections Regional Administrator (CCRA):

The Bureau is divided into 6 geographic regions. The CCRA is responsible for all community corrections functions, services and operations within the respective region.

3. Community Corrections Management Center Administrator

(MCA): Normally, each region has 2 MCAs to whom the

CCRA has delegated administrative oversight responsibility for 2-3 field Community Corrections Offices within the region.

4. Community Corrections Manager (CCM): The Bureau employee who is the Contracting Officer's Technical Representative (COTR), and is empowered to make judgments and decisions on contract compliance.

5. Community Corrections Contract Oversight Specialist (COS): Contract Oversight Specialists, under the direction of CCMs, are responsible for maintaining oversight control of contract facilities through routine contact, correspondence review, announced and unannounced on-site monitoring, and technical assistance visits.

6. Contractor: The provider of services described in this SOW. Typically this is a tribal, state, county or city government, Department of Corrections, or a private organization.

7. Contracting Officer (CO): The Bureau employee empowered to award, administer and cancel contracts on behalf of the United States Government.

8. U.S. Probation Officer (USPO): An officer of the Federal Courts responsible for supervising federal juveniles placed on probation by Federal Courts. USPOs also supervise mandatory releases and those released on parole by the United States Parole Commission (USPC).

9. Facility: The correctional institution in which the contractor houses offenders, also referred to as detention center, law enforcement center, training school, correctional center, etc.

10. Juvenile Offender: The terms "juvenile," "juvenile offender," "juvenile resident," “student," and "resident" are used interchangeably and are considered synonymous.

The Juvenile Justice and Delinquency Prevention Act (JJDPA) (18 U.S.C. 5031 through 5042) specifies the requirements for juveniles who have not attained their eighteenth birthday and those sentenced under the JJDPA as juvenile delinquents. The requirements are different for each of three groups of offenders:

• those who have not attained their 18th birthday;

• those who have attained their 18th birthday but have not attained their 21st birthday; and

• those who have attained their 21st birthday.

18 USC 5039 states, "No juvenile committed, whether pursuant to an adjudication of delinquency or conviction for an offense, to the custody of the Attorney General may be placed or retained in an adult jail or correctional institution in which he has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges." Secure and community-based facilities are both considered to be correctional facilities.

The Bureau Program Statement on Juvenile Delinquents, Juvenile Justice and Delinquency Prevention Act, details requirements for the confinement of juveniles.

The Bureau is not the legal guardian of juveniles in these facilities. Guardianship remains with the parents or legal guardian.

11. Types of Offenders:

a. Transfers from Other Secure Juvenile Facilities:

These juveniles are committed to the custody of the Bureau of Prisons. They have served a portion of their sentence in another juvenile facility.

b. Direct Court Commitments: These offenders are committed to the custody of the Bureau and have been designated to serve their term of confinement in the facility.

c. Supervision Cases: These offenders are referred to the Bureau for placement by a USPO or United States Pretrial Services Officer (USPSO) due to conditional release supervision requirements. The supervision requirements may be by order of a Federal Court, the U.S. Parole Commission, or Federal Pre-Trial Services. The Bureau may pay for room and board (except for Pre-Trial cases) during the period of time spent in the facility on conditional release.

d. Probationers: Offenders that are required to reside in and adhere to program requirements of the facility as a condition of probation for the time specified by the Court.

e. DC Offenders: Offenders convicted of District of Columbia (D.C.) Code offenses before attaining the age of 22 and whom the court determined appropriate for treatment pursuant to the District of Columbia Youth Rehabilitation Act (DCYRA).

This excludes those sentenced for murder.

NOTE: There is discussion in this SOW which applies exclusively to some of the offenders placed in the facility and not to others.

Those in the custody of the Bureau are referred to by such terms as "those in the custody of the Bureau of Prisons," "Bureau residents," "Bureau juveniles," etc.

Other discussion refers exclusively to supervision cases -- probationers, supervised releases, mandatory releases, and parolees. They are referred to by such terms as "juveniles under supervision," "supervision cases," etc.

D. SCOPE OF WORK

The contractor must provide the necessary facilities, equipment, personnel, and staff training that will satisfy the delivery of service requirements outlined in this SOW.

The contractor must ensure that programs are conducive to the rehabilitative needs of male and/or female juveniles and do not compromise requirements to maintain sight and sound separation from adult offender populations.

The contractor must develop written operational policies and procedures that adhere to accepted juvenile specific correctional practices as determined by national standards and the Bureau.

If not already accredited by the American Correctional Association (ACA), the contractor must obtain ACA accreditation within 24 months of contract award. Once accredited, the contractor must maintain accreditation throughout the life of the contract, inclusive of any option year exercised.

If not already accredited by the ACA, the contractor must use the most current Standards For Juvenile Training Schools augmented by Bureau policy and/or procedure as a guide in developing and implementing written policies and procedures, pending accreditation. Therefore, reference will be made to ACA Standards and Bureau policy and/or procedure throughout this SOW. The Bureau policy references in this SOW are available through the Bureau’s Internet Web Site at http://www.bop.gov.

Should a conflict exist between this SOW, ACA standards and Bureau policy and/or procedure, the Contracting Officer, if prior to contract award, or the COTR, following contract award, will serve as the decision-maker in such conflicts.

CHAPTER 1: ADMINISTRATION

It is the responsibility of the contractor to maintain current documentation to substantiate that the requirements in this SOW are met.

A. The contractor is to provide authorization for the establishment of the facility. Such statute provides the legal framework within which the facility's administrative structure, philosophy and policies are developed, as well as the basis for assessing performance and identifying needed changes in organization. This is to include a written mission statement and organizational chart.

B. The contractor must have a current Operations Manual containing written policies and procedures which will be accessible to all staff. It is the responsibility of the contractor to update the Operations Manual and ensure that staff review this manual on an annual basis. In addition to written policies and procedures, the Operations Manual must explain the systems used by the Chief Executive Officer (or other designated decision-maker) to ensure compliance. This includes, but is not limited to the following:

• The system(s) used to review and update all policies, procedures and programs annually.

• The system(s) used to monitor, inspect, review and implement corrective actions as deemed necessary in the course of operating a facility for federal juvenile offenders.

• The system(s)used to disseminate updated information to appropriate staff and administrators regarding policy changes, as deemed necessary.

• The system(s) used to disseminate pertinent information to juvenile offenders, parents, legal guardians, or other custodians. Communication must be in the language of the approved parties, including the juvenile.

• The system(s) used to encourage positive contact with the general public, while still preserving the offender’s privacy and the facility’s safe and secure environment.

• The system(s) used to conduct internal annual operational audits, using this SOW as the guideline, with written findings and corrective action plans.

C. The contractor must conform to all applicable zoning ordinances, and building, sanitation, health, and fire codes.

Documentation will be made available to confirm adherence.

Additionally, the contractor must ensure the facility is not located in an area where public concern or opposition would have an adverse effect on the community or residents. The contractor must identify nearby (e.g., within a half-mile radius) facilities whose closeness to the non-secure juvenile facility might raise public concern, including but not limited to schools, day-care centers, and other residential facilities.

D. The contractor must ensure that Bureau-identified staff members attend and participate in meetings, training sessions, monitoring visits and conferences scheduled by the Bureau.

E. The Bureau is to be the final authority in determining appropriate levels of staffing and services at each site.

F. The contractor must have FAX and Internet capabilities.

CHAPTER 2: FISCAL MANAGEMENT

It is the responsibility of the contractor to ensure that written policies and procedures are developed, implemented and monitored in the area of FACILITY FISCAL MANAGEMENT. The contractor is to reference the Program Statement on Trust Fund/Warehouse/Laundry Manual, Chapters 4526, 4522, 4500.04 and 4523 in conjunction with Part 1, Section B, American Correctional Association Standards for Juvenile Training Schools.

A. It is also the responsibility of the contractor to maintain complete and accurate documentation of all financial transactions. Written policies and procedures must also include audits of all facility financial operations to include the following requirements:

1. A system(s) for maintaining an accurate account of facility expenditures, Commissary Operations procurements, Juvenile Trust Fund, or other special funds.

2. A system(s) to ensure that the contractor submits all vouchers for reimbursement to the community corrections office by the tenth working day of each month in order to be in compliance with the Federal Government's Prompt Payment Act. The Standard Form 1034 Public Voucher for Purchases and Services Other Than Personal, an example of which is attached to this SOW, includes the following:

• Name and Address of contractor

• Contract Number and Facility Code

• Date of Voucher

• Name and Address of Community Corrections Office

• Date of Service

• Description of Service

• Total Number of Offender Days

• Offender Day Rate

• Amount of Reimbursement

• Attached Alphabetical Rosters of Juveniles by name, Register Number, Date of Arrival/Release and Number of Offender Days billed for each offender

3. A system to ensure the contractor or designated

“Certifying Officer” certifies the accuracy of all financial invoices before submitting them to the CCM.

A statement certifying that services have been rendered must be included along with the invoice. The statement must have the contractor’s original signature or that of the “Certifying Officer.” The statement should include total offender days for the month, offender day rate, and a total amount of invoice, as shown below:

I certify that services have been rendered as indicated on the above invoice and payment is now due for care and custody of federal juvenile offenders during the month of __________.

TOTAL OFFENDER DAYS X $(OFFENDER DAYS RATE) = $ TOTAL

CERTIFYING OFFICIAL DATE SIGNED

TITLE

4. On a monthly basis, by the tenth working day of the month, the contractor must submit Standard Form 1034, Public Voucher for Purchases and Services Other Than Personal, for reimbursement of approved expenditures for the following services provided to federal juvenile offenders, such as:

• Release Gratuity, Transportation, and Clothing. The contractor must provide an itemized listing of the release gratuity, transportation, and clothing to the CCM for approval prior to issuance.

• Staff Supervision for Hospitalized Juvenile Offenders. The contractor must be financially responsible for providing all staff supervision as necessary for federal offenders.

• Medical Services. Requests for routine medical care for juveniles in the custody of the Bureau are to be itemized and approved by the CCM prior to service.

Requests for approval are to be submitted on the Request for Medical Treatment Form, as attached to this SOW.

B. Emergency medical and psychiatric care must be provided immediately to preserve the life and health of the juvenile.

The CCM must be notified of the treatment immediately and must be involved in planning for subsequent treatment.

C. The Government will only reimburse the contractor, not the actual provider of the treatment, for authorized medical care, dental care, and medications. The appropriate facility medical staff will be responsible for verifying the accuracy of invoices submitted for reimbursement and ensuring that services were received as stated on the invoices.

D. A medical voucher will be prepared listing the health care providers and total amount due to each vendor. The voucher will list alphabetically the name, register number, treatment rendered, date of service, and a total amount billed, for each juvenile offender. Original invoices from the health care provider must be attached to the medical voucher. A statement certifying accuracy of the medical voucher is to be signed by the appropriate facility "Certifying Officer" at the bottom of the Medical Voucher. A complete copy of all documentation as a secondary attachment to the voucher must be included, along with an original signature for invoice certification.

E. The contractor will be responsible for providing each juvenile with a complete physical examination within 14 days of arrival at the facility. However, the Bureau is responsible for additional medical costs for only those juveniles committed to the custody of the Bureau. The contractor will obtain instructions from the USPO for emergency medical care for juveniles not committed to the Bureau and for any other medical care that may be required. If yearly physical examinations are required by law, the Bureau will pay the costs of those examinations for all juveniles.

CHAPTER 3: PERSONNEL

All federal juvenile offenders in secure placements must benefit from Direct Supervision. It is the responsibility of the contractor to provide supervision for all federally sentenced juveniles in custody, 24 hours a day, seven days a week, 12 months a year. The contractor should reference the Bureau Program Statement on Drug Free Workplace (Section 13), and Part 1, Section C and G, American Correctional Association Standards for Juvenile Training Schools.

A. The contractor must have written personnel policies and a management system that are consistent with the juvenile justice system’s philosophy of rehabilitation.

B. The services required in this SOW must be performed by paid staff who have been properly screened and trained prior to having contact with juvenile offenders. In addition to paid staff, the Bureau requires the contractor to follow the ACA Standards on the use of unpaid individuals, such as mentors and/or volunteers, who have been approved by the CCM. Where appropriate, mentors should be utilized to work one-on-one with juveniles in achieving program goals. Similar functions may be provided to groups of juveniles by individual volunteers and volunteer groups. However, mentors and volunteers will not be used in lieu of direct supervision staff.

• Juvenile mentors, individual volunteers, and volunteer groups play a very important role in the rehabilitative process for juvenile offenders. Therefore, written policies and procedures are to, with the approval of the CCM, address recruitment, screening, background checks, and provisions for providing orientation and training to mentors and volunteers prior to their contact with juvenile offenders. Written policies and procedures must also require that mentors, volunteers, or volunteer groups provide services under the direction and guidance of paid facility staff members, not have contact with juveniles outside the secure facility except in their official capacity, and have no access to confidential juvenile files.

• The utilization of diverse cultural, spiritual, and educational groups, choirs, motivational speakers, and positive role models is encouraged as deemed appropriate by the contractor and approved by the CCM.

• The contractor must have a written "Volunteer Manual" and a “Mentor Manual” which must be accessible to each mentor, volunteer, and volunteer group. Both manuals are subject to the approval of the CCM and CUSPO.

• The contractor must document and maintain records of activities involving mentors, volunteers, and volunteer groups. Information pertaining to activities and volunteer hours must be incorporated into a monthly summary report and submitted to the CCM by the tenth working day of each month.

The contractor must also have written policy and procedures for a public information program which offers ongoing, positive communication between the facility and the local community, elected officials, law enforcement, and citizens.

In addition to community outreach, the contractor must establish a Community Relations Board (CRB) that must meet at least each calendar year. The CCM and MCA must be a standing member on the CRB.

CRB is a means of mutual communication and support between the facility and its local communities. While such CRB has no formal advisory function to the facility, its purpose is to serve as a two-way communication link between facility and community leadership, and to advance public education, understanding, and advocacy for issues concerning the facility.

Community Relations Board benefit the facility and the community by:

• Increasing public awareness of an education about the mission of the facility and the BOP.

• Determining the availability of community services for the facility.

• Coordinating facility operations with local law enforcement activities.

• Assessing the impact of the facility on the community.

• Increasing the facility’s involvement in community affairs and services.

The Contractor must develop bylaws that contain a clear statement of the CRB’s objectives, define (and limit) the CRB’s role in the internal affairs of the facility, provide a structure for CRB operations, define who may be a member, explain how members are selected, and set term lengths for each officer.

Community Relations Board members may work closely with local law enforcement, government, business, civic, education and training, health care, pre-release, and religious agencies and organizations.

Initially, the facility director may select CRB members. The facility director must base his or her assessment of the individual’s potential to develop opportunities for mutual assistance and support. The subsequent selection process must be addressed in the CRB’s bylaws.

Consideration must be given to citizens representing:

• Local and federal law enforcement

• City, County, or township government

• Business and Civic organizations (Chamber of

Commerce, Lions, Rotary, Kiwanis)

• Council of churches

• School boards; healthcare organizations; and media groups

C. The contractor must make reference to, Part 1, Section C, American Correctional Association Standards for Juvenile Training Schools, as the basis for providing written policies and procedures in the area of personnel. This includes, but is not limited to the following:

• Employee job descriptions, including title, experience, and education requirements

• Employee Equal Opportunity

• Employee records and evaluations

• Employee standards of conduct

• Employee conditions for probationary and permanent employment

• Employee recruitment and retention plan

• Employee grievance process

• Employee orientation and training

• Employee screening and background

D. It is to be the responsibility of the contractor to ensure that the facility’s Chief Executive/Director possesses, at the very minimum, a baccalaureate degree in social or behavioral science with at least five years experience in the juvenile justice system, three years of which must be in a management position.

The contractor is also responsible for identifying all key personnel with the following conditions:

• Key personnel must be full-time employees

• Key personnel must include the Chief Executive

Officer/Facility Director, Assistant Director, the School Principal, the Food Service Manager, and the Director of Psychology.

• Key personnel must include at least one security supervisor

• Key personnel must include at least one casework supervisor

E. Any proposed changes of staff identified as key personnel must be submitted for approval to the CCM prior to employment.

Copies of supporting documents, including at a minimum, the application, the applicant's qualifications and reference checks, along with any other relevant documentation, must accompany the request for approval. Key personnel are to demonstrate experience in working with a diverse juvenile offender population, to include Native Americans.

• Employees must possess a Social Security Card approved by the United States Social Security Administration and be a United States Citizen or lawful permanent resident.

F. STANDARDS OF CONDUCT. The contractor must develop written policy, procedures, and practice, subsequently referred to as the Standards of Conduct, on employee conduct, ethics, and responsibility. The contractor must notify employees of the Standards of Conduct and document this notification in their personnel files.

The contractor must require all employees to sign an acknowledgment that they have received and understand the Standards of Conduct and must cooperate fully by providing all pertinent information which they may have with any investigative authority. Full cooperation means and requires truthfully responding to all questions and providing a signed affidavit, if requested.

The contractor must also document this acknowledgment in each employee's personnel file.

Investigative authorities include, but are not limited to, investigations conducted by the Federal Bureau of Investigation, Office of the Inspector General, Office of Professional Responsibility, Bureau Office of Internal Affairs, Office of Personnel Management, Bureau Special Investigative Agent, Bureau Special Investigative Supervisor, Equal Employment Opportunity Investigator, Department of Labor, U.S.

General Accounting Office, U.S. Marshals Service or any other agent or agency the CCM authorizes or directs to conduct an investigation.

At a minimum, the contractor must include in the "Standards of Conduct" the following:

• Employees must conduct themselves professionally and in a manner that creates and maintains respect for the contractor, the Bureau, the Department of Justice, and the U.S. Government.

• Employees must avoid any action that might result in, or create the appearance of, adversely affecting the confidence of the public in the integrity of the U.S.

Government.

• Employees must uphold the ethical rules governing their professions, including complying with applicable licensing authority rules, unless they conflict with federal law.

• Employees must not use or possess illegal drugs or narcotics. They must not abuse any drugs or narcotics.

Use of alcoholic beverages or being under the influence of alcohol while on duty, present in the facility, or immediately before reporting for duty is prohibited. An employee while on duty or in the facility is considered to be under the influence of alcohol if their blood alcohol content level is 0.02 percent or greater.

• Employees must not allow themselves to show partiality toward, or become emotionally, physically, sexually, or financially involved with juvenile 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.

• Employees must not engage in, or allow another person to engage in, sexual behavior with a juvenile offender.

Regardless of whether force is used or threatened, there can be no consensual sex between employees and offenders.

• Employees must not offer or give to an offender or a former offender or any member of his or her 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 employee's duties. Employees must not accept 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. This prohibition includes becoming involved with families or associates of any offender.

• Employees must not show favoritism or give preferential treatment to one juvenile offender, or a group of offenders, over another.

• Employees must not use profane, obscene, or otherwise abusive language when communicating with juvenile offenders, fellow employees, or others. Employees must conduct themselves in a manner that is not demeaning to offenders or fellow employees.

• Employees must remain fully alert and attentive during duty hours.

• Employees must not have 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 facility program and a part of the employee's job description.

• Employees must not engage in any conduct that is criminal in nature or which would bring discredit upon the contractor, the Bureau, Department of Justice or U.S.

Government. Employees' conduct must be above reproach.

It is expected that employees must obey, not only the letter of the law, but also the spirit of the law while engaged in personal or official activities. Should an employee be charged with, arrested for, or convicted of any felony or misdemeanor, that employee must immediately inform and provide a written report to the facility director. The facility director must immediately report the incident to the CCM. Traffic violations resulting in fines less than $150 must be exempt from this reporting requirement.

• Employees must not use brutality, physical violence, or intimidation toward juvenile offenders.

• Employees must not possess lethal weapons or weapons which may inflict personal injury in the facility or while on duty.

The contractor must not conduct an investigation of any misconduct allegation without the Bureau's approval. This includes questioning the subject of a misconduct allegation.

The contractor must advise all employees that they are subject to Government investigation if an allegation is made concerning any interest of the Government.

G. Any violation or attempted violation of the restrictions referred to above must be reported to the CCM by telephone immediately and in writing within 48 hours. Such reporting is to include proposed action to be taken by the contractor. Upon consultation with his/her supervisor, the CCM is to determine if the employee may continue to work with federal juveniles.

Any failure to report a violation or take appropriate disciplinary action against contractor employees may subject the contractor to appropriate action, up to and including termination of the contract.

H. The contractor must voucher potential employees through reference and employment checks. The contractor must notify proposed employees 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 Bureau to verify employment applications. Prospective employees may not begin working with federal juveniles prior to the initial and annual NCIC/NLETS clearance from the CCM. The granting of full approval of an employee will not occur until the government receives a response from the fingerprint or other background checks. The contractor must not employ any person under supervision or jurisdiction of any parole, probation, or correctional authority. Persons with previous criminal convictions, but who are not under supervision, may be considered for employment, however, the Bureau reserves the right of refusal in such cases.

I. It is the responsibility of the contractor to provide a safe environment for all employees and juveniles in custody. The contractor must comply with all provisions of the Convict Labor Act, and of Title VII of the Civil Rights Act of 1964,as amended.

CHAPTER 4: STAFFING PATTERNS

Recognizing that there are differences between adult and juvenile staffing patterns, the contractor is to provide written policies, procedures, and plan that clearly define the system(s) to ensure that all federal juvenile offenders in custody are supervised, 24 hours a day, seven days a week, twelve months a year. The staffing relief factor must be included in this plan and must ensure, at the very minimum, one direct supervision staff per eight juveniles during waking hours and one direct supervision staff per 16 juveniles during sleeping hours pursuant to DOJ standard. The contractor’s Operations Manual must include:

• Direct supervision staff to juvenile offender ratio for each shift

• Key personnel responsible for maintaining adequate staffing for each shift

• Case manager to juvenile offender ratio

• Organizational chart outlining all department heads and their areas of responsibility

A. The contractor must ensure that administrative, clerical, maintenance, or other paid staff, whose primary function is not to provide direct supervision to juvenile offenders, are not included in the overall staffing pattern.

B. The contractor must seek the approval of the CCM for any proposed changes to a previously approved staffing pattern.

CHAPTER 5: TRAINING

The contractor must provide written policies and procedures that clearly describe the facility’s staff development and training program for all paid employees including administrators, administrative staff, support staff and direct supervision staff.

Reference is made to Part 1, Section D, American Correctional Association Standards for Juvenile Training Schools as a guide.

A. The contractor’s staff development and training program must be designed to satisfactorily meet the contractor’s mission and the Bureau’s goal of ensuring that each federal juvenile offender in custody receives at least 50 hours of quality programming per week from qualified and properly trained staff, in an environment conducive to rehabilitation. The contractor’s staff development and training program must be culturally- and gender-sensitive, and should focus on issues unique to the juvenile offender population.

B. The contractor must maintain a training manual at the facility that documents the credentials and qualifications of all trainers. At the very minimum, the contractor is to ensure that each new employee receive 40 documented hours of pre-service training. A copy of the curriculum must be kept on file and subject to review by the CCM.

C. The contractor must also submit a plan for providing annual training to all paid staff. The training should enhance the employee’s ability to perform their responsibilities. At the very minimum, the contractor is to provide clerical and support staff with 16 hours of annual training each year. Direct supervision staff must receive, at the very minimum 24 hours of annual training. The contractor is responsible for developing the training agenda according to need. However, the Bureau requires that the following training topics be included during annual training:

• CPR/First Aid

• Emergency Fire Evacuation

• Suicide Prevention and Intervention

• Use of Force Policies

• Sexual Abuse and Prevention

• Mental Health Awareness

D. The contractor must provide written policies and procedures and a plan outlining the potential use of Physical, Mechanical, Chemical and other mental health interventions, with special emphasis on Suicide interventions. These policies and procedures must have the approval of the CCM and be consistent with good judgement and sound correctional practices. The contractor is to reference Part 3, Section A of the American Correctional Association Standards for Juvenile Training Schools in conjunction with the Program Statement on Use of Force and Application of Restraints on Inmates.

E. It is the responsibility of the contractor to ensure that direct supervision staff are properly trained in crisis assessment skills, crisis intervention, and communication skills. Such training, including the use of Physical, Mechanical, Chemical and Suicide Interventions is to be provided prior to an employee’s contact with a juvenile offender. The contractor’s policies and procedures are to identify the types of interventions allowed, person(s) authorized to use such interventions, and circumstances that may prompt such use.

F. The contractor must have a system in place for documenting and informing the CCM of all incidents involving Physical, Mechanical, Chemical, and Suicide Interventions.

G. The contractor will be required to pay for training and related travel when the contractor’s performance necessitates the Bureau to provide training to correct findings.

H. The community corrections staff (CCM), regional office staff (MCA and CCRA), and Central Office staff of the Bureau may provide instructions and guidance during the life of the contract to ensure that the specifications of the contract and expectations of the Bureau are met.

I. The contractor must submit a comprehensive Juvenile Suicide Prevention and Intervention Policy. The policy and procedures must have been reviewed and approved by a licensed mental health professional. A copy of the policy and plan must be submitted to the CCM. The CCM must receive written notification of any policy changes.

J. The contractor must have on file a copy of the Bureau Program Statement 5216.05, Juvenile Justice and Delinquency Prevention

Act (1974), and a copy of The Civil Rights of Institutionalized Person’s Act (CRIPA). It is the responsibility of the contractor to make these materials available to all key personnel and other staff, as deemed necessary.

CHAPTER 6: FACILITY

The Bureau’s requirements for juvenile housing under this SOW are consistent with Part 2, Section C, American Correctional Association Standards for Juvenile Training Schools. Therefore, the contractor must reference this section and submit a plan for meeting these requirements. In addition to meeting applicable federal, state and local building codes, the plan must address the following:

• Appropriate square footage for living units, sleeping areas and day rooms

• Air conditioning

• Temperature control

• Lighting

• Acoustics

• Furnishings

• Wash Basins

• Showers

• Secure storage space

• Housing for the handicapped

• Special Management Housing

A. Requirements for utilization of Special Management Housing will be addressed later in this SOW. However, in cases where the facility houses female and male juvenile offenders, the contractor must submit a plan addressing co-educational activities, and separate sleeping areas.

B. The facility must dedicate indoor and outdoor space for recreation and structured activities to be utilized by all federal juvenile offenders, male and female.

CHAPTER 7: LIFE SAFETY

The contractor must ensure that requirements in the area of life safety are met at all times. In conjunction with the Occupational Safety and Health Act of 1970, all codes and regulations associated with 29 CFR 1910 and 1926, and Part 3, Section B, American Correctional Association Standards for Juvenile Training Schools, the contractor must submit a plan that ensures that the facility complies with all local, state, and national health, safety, environmental, and building codes. In the event local, state, and national codes conflict, the most stringent will apply.

• The contractor must ensure that the facility is inspected in accordance with local and state fire building codes by a representative of the local or state authority having jurisdiction.

• The contractor must establish a comprehensive Environmental/Pollution Prevention Program designed to use source reduction techniques and sound recycling practices in accordance with local ordinances. If there are no local ordinances in place, the contractor must develop an Environmental Awareness Program available to all juveniles.

CHAPTER 8: ELECTRICAL SAFETY

The National Electric Code and General Industry Standards (OSHA 1910.304) will be the measure used to assess compliance with electrical standards. It is important for the contractor to acknowledge the following:

A. Ground Fault Circuit Interrupters (GFCIs) are to be required on all 110 Volt, single phase outlets in the laundry facility if the washing machines are exposed to the weather or wet areas.

In addition, if laundry areas have a water source (utilities sink) within six feet of receptacles, these receptacles are required to be protected.

• GFCI wiring must be 14 gauge with ground. Standard wiring is usually 12 gauge with ground.

B. Electrical panel box covers must contain an accurate, up-to-date directory. The means of disconnecting electrical equipment must be marked as to its use, unless readily apparent.

C. Extension cords must not be used in lieu of hard or permanent wiring.

D. Wiring/receptacles must be grounded - no obsolete 2-wire outlets may be used, unless approved by the Bureau.

E. Floor space heaters and hot water "stringers" are considered unsafe from the standpoint of fire safety and must not be permitted.

F. Guard grids on oscillating or floor fans cannot exceed .625 centimeter (1/4") for safety reasons.

G. The following electrical safety standards must apply:

1. Damaged or frayed wiring cannot be taped or spliced.

2. Empty light fixture or fuse sockets, wiring, etc., may not be exposed or unprotected. Missing knock-outs, circuit breakers, or other openings in electrical equipment must be effectively enclosed to prevent exposure to live or energized ports.

3. The use of multi-outlet electrical adapter plugs is prohibited.

4. Damaged plate covers, switches, outlets, etc., must be replaced.

5. The use of electrical tape to repair cut or damaged cords or cables is prohibited. Cords and cables must be effectively repaired by the proper means (i.e., use of heat shrink tubing, reinstallation of cords or cables to equipment, etc.).

CHAPTER 9: TOXIC, CAUSTIC, AND FLAMMABLE MATERIALS

The contractor must establish a written program for the storage, issuance, handling, and accountability of flammable liquids, hazardous chemicals, toxic, and caustic materials used within the facility. Reference is made to Part 3, Section B, American Correctional Association Standards for Juvenile Training Schools and the Environmental Protection Agency (EPA) and General Industry Standards (OSHA 29 CFR 1910) for guidance and direction.

All personnel must be trained in the proper handling and use of all toxic, caustic, and flammable materials within two weeks of their initial employment, or whenever a new hazard is introduced into their work area. Toxic, caustic, and flammable materials are defined as those having "signal words" such as POISON, DANGER, and/or WARNING on the label. Such materials require special handling, control, and accountability. All training is to be documented for compliance. The contractor is to acknowledge:

A. Flammable materials such as gasoline, kerosene, and paint thinner are to be stored outside of the main structure or in approved Department of Transportation safety containers located within the facility. Flammable materials are classified as a Class I material having a flash point of -17.8 - 37.8 degrees Celsius (0-100 degrees Fahrenheit).

B. Toxic, caustic, and flammable materials may not be stored in sleeping rooms, furnace areas, kitchens, or in close proximity to stored foodstuff.

C. Materials are to be properly labeled, stored in the original container, and maintained in a secure area. Concentrated materials may be used by the general population once the product has been diluted. The container is to be labeled and marked "Diluted."

D. Inventory cards or an approved method of accountability must be maintained on all toxic, caustic, and flammable materials.

E. Propane gas and other pressurized cylinders, both full and empty, are to be strapped, chained or stored in the upright position.

F. Aerosol containers are considered pressurized cylinders. They need to be controlled and accountability maintained.

G. The "Right-to-Know-Law" requires that Material Safety Data Sheets (MSDS) be maintained on all toxic, caustic, and flammable materials. These data sheets will list the characteristics and chemistry of the product, flash point, and first aid antidote in case of ingestion or exposure.

H. Personal protective clothing is to be furnished and utilized in accordance with the MSDS.

CHAPTER 10: PEST CONTROL

The Environmental Protection Agency (EPA) has set standards for pesticide handling and use. These include such areas as record keeping, storage and disposal procedures, filling and mixing methods, etc. All of the standards are designed to help make pesticide use safer for people and the environment.

State laws also govern pesticide use. Both federal and state laws and regulations apply to any person using pesticides within a state.

In some cases, it may be feasible for the contractor to contract these services through a licensed exterminator. However, the best method of pest control is the establishment and maintenance of good housekeeping practices.

A. The contractor must provide for vermin and pest control and disposal.

B. Proper control and accountability of pesticides and rodenticide is to be maintained.

• Pesticides are to be stored in a cool, dry, and well-ventilated room which can be secured and locked. All pesticides are to be stored in their original containers bearing the proper label of the ingredients.

• All empty pesticide containers are to be triple rinsed prior to the disposal of the container. Disposable aerosol containers are not to have any "charge" remaining in them at the time of their disposal.

C. Screens on all open windows within food preparation and dining areas are to be in place and in good condition.

D. Trash and garbage removal is required. Containers and collecting areas are to be free of accumulated trash and debris.

CHAPTER 11: SANITATION AND HYGIENE

The Bureau’s requirements for Sanitation and Hygiene are consistent with Part 4, Section B, American Correctional Association Standards for Juvenile Training Schools. The contractor must reference this section and submit policies and procedures that address, at the very minimum, the following:

1. Weekly facility sanitation inspections.

2. Yearly inspection by federal, state, and/or local sanitation and health officials.

3. A housekeeping plan for all areas of the facility outlining responsibilities for staff and juveniles.

4. Vermin and pest control plan.

5. Hair care service that is culturally-sensitive, while also considering the security requirements of the facility.

Such service should be provided in a separate area for hygiene reasons.

6. Plan for the lawful disposal of liquid and solid waste.

7. Plan that will provide for the issuance and accountability of suitable, clean bedding and towels for each federal juvenile. This includes protective clothing for juveniles participating in work assignments. For those in the custody of the Bureau, the contractor may include the provision of clothing in the per diem rate, or may establish a blanket purchase agreement with a local company. Prior approval by the CCM of a specific list of items to be purchased is required before purchases may be made under the blanket agreement.

The contractor is to contact the USPO responsible for juveniles under supervision.

The contractor is to provide documentation that the facility's potable water source and supply, whether owned and operated by the public water department or the facility, is certified by an independent, outside source to be in compliance with jurisdictional laws and regulations.

CHAPTER 12: SECURITY AND CONTROL

The contractor’s policies and procedures related to facility security and control are to be written and included as part of the facility’s Operations Manual, which is subject to review by the CCM.

Reference is made to Part 3, Section A, American Correctional Association Standards for Juvenile Training Schools as a guide.

A. The contractor is to ensure that the facility's perimeter is controlled by an appropriate means to ensure that juvenile offenders remain within the perimeter and to prevent access by the general public without the appropriate authorization. The contractor is to maintain man barrier wire on the perimeter fence(s). Perimeter security may be enhanced by electronic surveillance, but should not be considered a substitute for direct supervision of juveniles. The contractor may request a variance for perimeter security; however, the Bureau reserves the right to determine what constitutes an appropriate perimeter security system.

B. The contractor must provide a central control, staffed 24 hours a day, seven days a week, twelve months a year. The Control Room will maintain all communication, key and lock control, and security aspects of the facility. The area will be the focal point of the facility to maintain order and security. Juvenile offenders will not be permitted in this area. Entrance and exit to the facility is to be by sally-port arrangement.

C. The contractor must provide written policies and procedures for regulating and accounting for juvenile offender movement. A current and accurate headcount will be available at all times.

D. The contractor must have written policies and procedures to ensure that the facility has a system in place for videotaping all physical restraints of juveniles. All incidents of physical and mechanical restraint will be documented on an incident report and submitted to the CCM for review. It is the responsibility of facility staff to notify the CCM immediately by telephone or fax of such incidents. A written report is to be submitted to the CCM within 24 hours after the incident. In addition to reviewing the incident report, the CCM may also request the videotape for review. Videotapes of physical restraints must be kept on file for one year. The Bureau reserves the right to request an after-action report on any significant incident.

E. Regardless of the terminology used to describe behavioral interventions (e.g., “use of force,” “physical and mechanical restraint,” “physical intervention,” “chemical agents,” “mechanical intervention,” ”four-point restraint,” “suicide intervention”), the contractor must submit written policies and procedures involving any such incident and must clearly outline the criteria for using such interventions.