04 SOW Locally Modified NCR Aug 2008.pdf

FEDERAL BUREAU OF PRISONS

STATEMENT OF WORK

CONTRACT NON-SECURE JUVENILE FACILITY

Amended February 2004 Modified May 2005

Locally Modified August 2008

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: JUVENILE SAFETY AND SUPERVISION

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

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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. 67

CHAPTER 25: JUVENILES UNDER SUPERVISION

CHAPTER 26: RESEARCH AND EVALUATION

CHAPTER 27: INSPECTIONS

LIST OF ATTACHMENTS

REQUEST FOR MEDICAL TREATMENT

LIST OF BUREAU FORMS

PROHIBITED ACTS

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INTRODUCTION

A. BACKGROUND

This Statement of Work (SOW) sets forth the contract performance requirements for the comprehensive management and operation of a non-secure juvenile correctional/treatment facility. The terms “non-secure”, “staff secure”, “community-based” and “juvenile community residential” are used interchangeably to describe a facility that is not surrounded by a high security fence, and provides for the reintegration of juvenile offenders to the community by allowing them access to the community in an effort to achieve treatment and correctional objectives. The Bureau of Prisons (Bureau) enters into agreements with tribal, state, and local governments, and into contracts with private organizations, to provide for these services. Contractors are still 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 non-secure setting and provide public protection by monitoring the offenders’ activities in the community. 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. Assistant Community Corrections Regional Administrator (ACCRA): Normally, each region has an ACCRA to whom the CCRA has delegated administrative oversight responsibility for 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 contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges. Every juvenile who has been committed shall be provided with adequate food, heat, light, sanitary facilities, bedding, clothing, recreation, counseling, education, training, and medical care including necessary psychiatric, psychological, or other care and treatment. Whenever possible, the Attorney General shall commit a juvenile to a foster home or community-based facility located in or near his home community."

The Bureau Program Statement titled 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 Secure Juvenile Facilities: These juveniles are committed to the custody of the Bureau of Prisons. They have served a portion of their sentence in a secure 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 age 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 or comparable accreditation (as accepted by the Bureau of Prisons) 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 or accepted substitute, the contractor must use the most current Standards For Juvenile Community Residential Facilities 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 CO, 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. The contractor is to reference Part 1, Section A, American Correctional Association Standards for Juvenile Community Residential Facilities.

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 environment; and

• 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.

G. The contractor shall conduct monthly staff meetings to foster communication, establish policy, discuss problems, ensure SOW compliance, and accomplish program objectives.

Training shall be conducted on accountability during each meeting. The contractor shall document the meetings with written minutes, and include the staff members names in attendance.

H. The contractor shall develop a quality control plan (QCP), i.e., an internal system for monitoring program compliance.

A written QCP summary must be provided to the COS quarterly.

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 of the American Correctional Association Standards for Juvenile Community Residential Facilities.

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 Bureau juveniles, (excludes supervision residents) 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.

• Detention Services: The contractor must be financially responsible for all costs that may be incurred as a result of an offender’s temporary placement in a local secure juvenile detention center as a result of a referral by local law enforcement agencies or facility administrator.

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. The contractor shall make every effort to obtain no-cost treatment (Indian Health Services, CAMPUS, etc). If the contractor believes the medical costs will exceed an amount they can compensate, the contractor shall immediately contact the CCM for direction.

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 non-secure placements must benefit from staff supervision and guidance. It is the responsibility of the contractor to supervise and account for all federally sentenced juveniles, 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, American Correctional Association Standards for Juvenile Community Residential Facilities.

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 non-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 quarterly each calendar year. The CCM and ACCRA must be standing members 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.

CRB benefits the facility and the community by:

• Increasing public awareness of and education about the mission of the facility and the Bureau;

• 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; and

• 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.

CRB 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, health care organizations, and media groups

C. The contractor must make reference to Part 1, Section C of the American Correctional Association Standards for Juvenile Community Residential Facilities, 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 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 Facility Director, Assistant Director, the School Principal, the Food Service Manager, the Director of Psychology, Security Supervisor, and 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 in a non-secure correctional facility, and to be willing to work with 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.

Marshal 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. 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 may be differences in staffing patterns in secure and non-secure juvenile facilities, the contractor is to provide written policies, procedures, and plan that clearly define the system(s) to ensure that all federal juvenile offenders in non-secure facilities receive direct staff supervision during escorted trips to the community and their location is accounted for during unescorted trips, 24 hours a day, seven days a week, twelve months a year. The staffing relief factor must be included in this plan. At the very minimum, one direct supervision staff per 8 juveniles is required during wake hours and one direct supervision staff per 16 juveniles during sleeping hours, while juveniles are in the facility.

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. There must be provisions for ensuring that the staffing pattern concentrates staff when most juveniles are in the facility. The contractor must seek the approval of the CCM for any proposed changes to a previously approved staffing pattern.

C. The contractor shall staff at least two positions(one male and one female if co-ed facility), 7-day post, 24 hours a day, dedicated only to the supervision of federal offenders.

This 7-day post cannot be covered by any other position to include key personnel (i.e., director, case manager, etc.)

The intent is that this post will devote 100 percent of its time to supervising juvenile offenders. Additionally, a management level staff shall be on duty when most residents are at the facility.

D. The contractor shall submit, in the technical proposal, a weekly work schedule by position clearly defining the duty hours of each position. This schedule shall indicate which positions are full-time or part-time. In addition, the work schedule will identify if the positions are devoted to federal supervision and/or program activities.

E. The contractor shall ensure all the positions identified in the technical proposal are filled during the life of the contract. Failure to fill these positions may result in a request for monetary sanctions.

F. The contractor is always responsible for the appropriate supervision of federal juveniles and the orderly running of the facility. The contractor shall notify the CCM of any unforeseen circumstance which may affect the safety, security, or orderly running of the facility.

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 Community Residential Facilities 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 employees’ 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

• De-escalation Techniques and Crisis Intervention

• 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 and 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. These written policies, procedures, and practices must limit the use of physical force to instances of self-protection, protection of the juvenile or others, prevention of property damage and escape. Under no circumstances is physical force justifiable as punishment.

The contractor is to reference Part 3, Section A of the American Correctional Association Standards for Juvenile Community Residential Facilities 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, 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, 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. This need will be determined by the CCM.

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 prior to performance.

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, 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 and environmental conditions under this SOW are consistent with Part 2, of the American Correctional Association, Standards for Juvenile Community Residential Facilities. Therefore, the contractor must reference this section and submit a plan (in the technical proposal) for meeting these requirements. In addition to meeting applicable federal, state and local building codes, the plan must address the following requirements:

• Square footage for sleeping areas and day rooms

• Heating and Cooling

• Lighting

• Laundry

• Furnishings

• Wash Basins

• Showers

• Toilets

• Housing for the disabled

A. 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. Submit examples of these activities in the technical proposal.

C. The facility should not resemble a secure jail-type setting.

The facility should be conducive to a halfway house type of environment, yet, still maintain safety and security of all juveniles and staff.

D. Each technical proposal shall include a legible and accurate copy of the site plan, and floor plans for the proposed facility that identify the sleeping rooms, dining room, visiting room, conference room, recreation rooms, offender bathrooms, staff offices, laundry room, kitchen, and handicapped access. The plan must identify the total gross square footage of each room.

E. The floor plans must identify the unencumbered space area per occupant in the sleeping rooms and dining room.

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 of American Correctional Association Standards for Juvenile Community Residential Facilities, the contractor must submit (in the technical proposal) 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.

• A diagramed emergency evacuation route shall identify “You Are Here” location and be compatible with the floor plan.

This diagram shall also show the exterior areas of the facility used as assembly points or other areas of safe refuge during an emergency evacuation or drill.

• The contractor shall conduct an evacuation drill at a minimum of one drill during each shift each quarter. The drill must document how the alarms were activated, date and time of the drill, amount of time taken to evacuate the building, evacuation path used, number of staff and juvenile offenders participating, and comments.

• The contractor shall conduct a minimum of two drills annually between the hours of 2AM - 6AM.

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.).

H. Prior to the preoccupancy inspection, the successful contractor will provide documents of an independent inspection of the electrical system by a certified contractor.

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 Community Residential Facilities 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.

Staff shall review quarterly the MSDS to ensure that it is current. Staff shall document this review and make it available to the Bureau upon inspection.

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.