SOT_SOW_2012_Revised_December_2015.pdf

Federal Bureau of Prisons

Transitional Drug Abuse Treatment Program

Sex Offender Treatment Services

Statement of Work

(February 2012)

Revision 01, April 2013, PSB

Revision 02, December 2015, PSB ii

TABLE OF CONTENTS

Purpose and Scope

The Bureau’s Commitment

Program Philosophy

Sex Offender Management Program

Target Population

TREATMENT SERVICES

Counseling Services

Treatment Authorization

Initial Meeting

Treatment Plan

Monthly Progress Reports

Termination Report

File Maintenance

COMMUNICATION

Accountability

Sign-in/Sign-out Log

Partnerships

ADMINISTRATION

Facility Requirements

Facility Licensure/Certification

Staffing

Background Information

Contractor Licensure

Contractor’s Employee Standards of Conduct

Sexual Abuse Information

Drug Free Workplace

Training

Billing

BUREAU OF PRISONS ADMINISTRATION OF CONTRACT

Bureau Inspection of Services (Monitoring)

Contractor Evaluation

Withholding and Reimbursement

1. PURPOSE AND SCOPE. The purpose of this Statement of Work (SOW) is to outline the Government's technical requirements for contractors who provide Community Reentry Sex Offender Treatment to federal inmates, in the custody of the Federal Bureau of Prisons (Bureau), and residing in

Residential Reentry Centers (RRC) and/or placed on home confinement as part of their RRC placements.

On occasion, the U.S. Probation Office may seek to use the same services for inmates under U.S. Probation Office supervision. The Transitional

Drug Abuse Treatment (TDAT) office must approve these placements. The contract requirements set forth in this document prevail, and Bureau personnel remain the primary contract administrator.

All services and programs must comply with this SOW; the U.S.

Constitution; all applicable federal, state, and local laws and regulations; applicable Presidential Executive Orders (EO); all applicable case laws, consent decrees, and Court Orders. When a conflict exists and a conclusion cannot be made regarding which standard is more stringent, the

Bureau will determine which is appropriate. The contractor must comply with and carry out any applicable changes to Bureau policy, Department of

Justice regulations, Congressional mandates, federal law, or EO. Should the Government invoke such changes, the contractor retains its rights and remedies under the terms and conditions of the contract.

The Bureau reserves the right to enter into negotiations with the contractor to change the conditions or procedures in this SOW and contract.

The Bureau reserves the right to have various staff monitor contract performance.

The Bureau reserves the right to conduct announced/unannounced inspections of any part of the facility at any time and by any method to assess contract compliance.

The Bureau may investigate any incident pertaining to the performance of this contract.

The contractor must comply and cooperate with the Bureau on all investigations, monitoring visits, inspections, and inquiries. The contractor will submit any request for contract changes through the Region

Contract Oversight staff to the Contracting Officer(CO)for approval.

(Note: The terms contractor and treatment provider are considered synonymous and are used interchangeably throughout the document.)

2. THE BUREAU’S COMMITMENT. The Bureau is committed to providing quality, evidence-based psychology programs to all inmates in need of these program services. Bureau psychology treatment programs are designed on the most recent research ensuring effective treatment programs. These evidence-based treatment practices lead to:

• the reduction of inmate misconduct;

• the reduction of inmate misuse of sex offender assessment and treatment resources;

• the reduction of future sexual offending;

• the reduction of criminal activity;

• an increase in the level of the inmate’s stake in societal norms; and

• an increase in standardized community reentry treatment programs.

Reentry sex offender treatment increases the likelihood of treatment success and increases the public’s health and safety.

3. PROGRAM PHILOSOPHY. The Bureaus’ psychology treatment programs are unified clinical services and activities organized to treat complex psychological and behavioral problems. Therefore, the Bureau has chosen cognitive behavioral therapy (CBT) as its theoretical model. CBT is a proven-effective treatment model with inmate populations. According to the CBT model, a person’s feelings and behaviors are influenced by his/her perceptions and beliefs. By assisting inmates to perceive events objectively and modify their irrational beliefs, they may become more successful in achieving pro-social goals.

The Bureau does not compel clients to reveal the identity of past victims.

The protection of the community from future violence is endorsed. The contractor shall not act in any manner which coerces the client to reveal the names or identities of past victims. Clients should be encouraged to disclose their past thoughts, feelings and behavior to foster the development of treatment initiatives consistent with the Good Lives model and CBT. Treatment is designed and offered to promote personal development, resulting in public safety, and is not to be conceptualized as an investigative function.

CBT combines different treatment targets and specific conforming behaviors, focusing on an inmate’s:

• core beliefs,

• current situation,

• automatic thoughts, and

• the effect these thoughts/beliefs have on an emotional, behavioral and psychological level.

As an example, inmates’ ongoing criminal behavior is conceived, supported, and perpetrated by a set of habitual thinking errors. Using CBT, the

Bureau is able to treat inmates by replacing those thinking errors with pro-social thinking. Such thinking supports those behaviors consistent within the norms of a law-abiding community.

The Bureau has found these objectives mesh well with the traditional individual and/or group therapy, therefore, the contractor must

• have a treatment philosophy and techniques that directly work in conjunction with the identified Bureau program philosophy;

• conform to professional standards as specified in the “Practice

Standards and Guidelines” issued by the Association for the Treatment of

Sexual Abusers (ATSA) www.atsa.com and;

• have documented experience, preferred 2 year minimum, working with a sex offender population and must understand the criminal justice system.

4. SEX OFFENDER MANAGEMENT PROGRAM (SOMP). The Bureau offers treatment, management and psycho-educational opportunities for sex offenders. The

Bureau employs a stratified treatment model. Inmates who volunteer are referred to high or moderate intensity treatment tracks, based on the participant’s risk level. Treatment targets are selected to address each participant’s assessed criminogenic needs. Programs are designed to match the delivery of treatment services to the unique characteristics of the offender (learning style, intelligence level, etc).

Inmates in the Bureau with a sex offense conviction/s and histories can

∙ decline all services, ∙ engage in a readiness to participate in the treatment process (i.e.

motivational interviewing to foster an agreement by the inmate to participate in subsequent treatment), ∙ volunteer for Sex Offender Treatment Program - Non-Residential (SOTP-

NR), moderate intensity treatment program - a cognitive behavior program that incorporates elements of the risk-need responsivity at a

SOMP facility, and

∙ volunteer for Sex Offender Treatment Program – Residential (SOTP-R), high intensity residential sex offender treatment program (which uses the same program model as the SOTP-NR, with the addition of a modified therapeutic community).

Sex offenders who engage in conduct relevant to their history of sexual offending while incarcerated, e.g., child pornography offenders who collect pictures of children, may be referred to a SOMP where correctional management plans (CMP) will be implemented.

Sex offender treatment through TDAT is the final component of SOMP. The

Bureau recognizes the importance of, and need for, the continuation of treatment when inmates transfer to an RRC or home confinement. This allows inmates to build on the treatment received in the institution and incorporate those philosophies into daily living in the community. This http://www.atsa.com/ treatment is required for those who complete the SOTP-R or SOTP-NR while incarcerated.

TARGET POPULATION. The following types of inmates represent the TDAT population:

• SOTP-NR and SOTP-R. These inmates have participated in the institution portion SOMP. These inmates must complete aftercare in the community while residing at an RRC. These inmates will be referred to community treatment providers with clinical documentation related to their criminal histories. This may include a summary of their in-prison treatment experiences, including an American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM) diagnosis, and recommendations from the prison-based clinicians.

• Non-SOTP Participants: An inmate with a documented sex offense history or diagnosis who did not participate in SOTP may also volunteer to participate in aftercare while residing at an RRC.

All cases must meet all of the following eligibility criteria in order to participate:

• Documentation to verify the inmate’s specific sex offense, or history.

• The inmate must sign an agreement and an informed consent acknowledging his/her program responsibility to comply with treatment expectations.

• The inmate must have at least 90 days in the RRC or home confinement to insure an intake assessment is developed prior to inmates’ supervised release.

• The inmate must have a diagnosis or significant clinical record based on

DSM criteria, and/or a moderate or higher static risk level based on an assessment of the inmate’s offense history and other relevant factors.

TREATMENT SERVICES – (REQUIREMENTS CONTRACTOR MUST ADHERE TO)

5. COUNSELING SERVICES. Counseling sessions should target the inmate’s criminogenic and sex offense crime specific behaviors and needs, such as antisocial attitudes and beliefs, to reduce the likelihood of misconduct and recidivism.

The treatment regimen must not exceed a combined total of four hours

(eight 30-minute units) per inmate or any combination thereof, per week, without prior approval of TDAT staff.

Sex offender treatment services project billing codes and definitions:

administration fee (1201) client transportation expenses (1202) sex offender-specific evaluation and report (5012) penile plethysmograph and report (5021) polygraph exam and report (5022) polygraph maintenance or monitoring test and report (5023)

Abel Assessment for Sexual Interests (5025) individual counseling (6012) group counseling (6022) family counseling (6032) administrative fee (1201): for Client Transportation Expenses (1202) which is a reasonable monthly fee to administer transportation expense funds, not exceeding ten (10) percent of the monthly funds distributed under

Client Transportation (1202) below.

client transportation expenses (1202): for client transportation from the

RRC to and from the community treatment provider by public transportation including bus, train, shuttle or taxi service.

sex offender-specific evaluation and report (5012) – A comprehensive evaluation addressing an offender's risk for reoffending and treatment needs. The evaluation must be completed by a licensed clinician, with the report ordinarily due within 30 days of treatment provider’s contact with client. The evaluation includes a diagnostic interview, standardized static risk assessment protocol, standardized dynamic risk assessment, resulting in a comprehensive psychosexual diagnosis, risk factors (both static and dynamic), and treatment and management/supervision recommendations based upon evidenced based practices or published guides endorsed by ATSA or CSOM. Does NOT require victim identification.

penile plethysmograph and report: (5021) - a phallometric assessment and report of sexual arousal. Does NOT require victim identification.

polygraph exam and report: (5022) - a diagnostic instrument and procedure focused on the offenders sexual history which includes a report to assist in treatment and assessment strategies by detecting deception. Does NOT require victim identification.

polygraph maintenance or monitoring test and report: (5023) - a periodic polygraph examination (4-6 months) to monitor compliance with treatment or supervision conditions. Does NOT require victim identification.

Abel Assessment for Sexual Interests: (5025) - is a comprehensive evaluation and treatment tool that provides baseline data, treatment planning guidance, and evaluation of progress throughout the treatment process.

individual counseling: (6012) - counseling of one offender by a state licensed/certified professional no less than 60 minutes in length. An intake and the completion of administrative paperwork, including psychosexual history, mental status, and treatment plan interview, are expected for each case. Does NOT require victim identification.

group counseling: (6022) - counseling of 2-10 offenders by a state licensed/certified professional ordinarily no less than 60 minutes in length. Does NOT require victim identification.

family counseling: (6032) - two or more family members ordinarily no less than 60 minutes in length. Does NOT require victim identification.

6. TREATMENT AUTHORIZATION. The treatment provider will receive a copy of the TDAT Treatment Authorization from the Bureau (TDAT office) for each inmate. Ordinarily, this will contain information regarding the inmate's placement in the RRC and clinical material from the inmate’s in-prison experience, if available at the time of the referral. The TDAT authorization (referral form) will also provide guidelines for the number of counseling hours and type of services inmates should receive from the treatment providers.

The contractor shall follow applicable state law. In addition, the contractor shall comply with professional clinical guidelines issued by the Association for the Treatment of Sexual Abusers (ATSA). Any and all legal/ethical challenges and/or behavior involving a federal offender, shall be immediately communicated to TDAT staff.

Professional and comprehensive informed consent is critical for all components of this SOW. TDAT staff must be notified of any disclosures which can/may result in the reporting to investigative agencies (i.e., law enforcement, child protective services, social services, etc.) A denial of past sexual histories shall not result in the termination of treatment but should be identified as a treatment issue and noted in the Initial

Assessment and Monthly Progress Report/s. Treatment should only be terminated/discontinued in consultation with TDAT staff.

7. INITIAL MEETING. Within 10 working days or less of an inmate's arrival in the community, or receipt of the Treatment Authorization, if received after the inmate's arrival in the community, the treatment provider must meet individually with each inmate. Ordinarily, the first contact will be a sex offender-specific psychological evaluation (project code 5012) and is not billed as a separate contact (e.g., counseling) without prior approval of TDAT staff. The purpose of the meeting is to review required state, local, and agency policies and regulations; acquire the inmate's signature on all appropriate paperwork (including the TDAT Authorization for Release of Information and the Agreement to Participate); conduct an evaluation and begin to develop a treatment plan.

The inmate will be held accountable for meeting with the treatment provider within 10 working days; however, the treatment provider and RRC staff also have an obligation to ensure contact is made with the inmate.

The treatment provider must notify the Bureau via telephone or fax, within

2 working days of the initial meeting to verify that contact was made. At the initial meeting the following should occur:

a. Bureau Authorization to Release Confidential Information Form: At the initial meeting, and prior to the beginning of any interview or counseling, all inmates must complete a Bureau Authorization to Release

Confidential Information Form. The treatment provider will ensure that the original form with all required signatures, is placed in the inmate's treatment file with a copy forwarded to TDAT staff. If an inmate refuses to sign the form, the initial meeting must be stopped, and TDAT staff should be notified immediately.

b. Informed Consent : At the initial meeting, and prior to the beginning of any interview or counseling, all inmates must complete an Informed

Consent Form. The treatment provider is to evaluate the inmate’s competency to give his/her informed consent prior to treatment or to prescribing medication. Competence to give informed consent, means the inmate has a basic understanding of his or her diagnosis or condition and that the treatment being offered is for that condition. It also means the inmate has a basic understanding of the potential benefits, risks and side effects of medication, and the inmate understands what to do in the event of any side effects. The inmate must understand that he/she has the option not to participate in treatment. The inmate must also understand the consequences of his/her failure to participate, such as incentives lost or return to the institution if he/she chooses not to volunteer for treatment while in the community. The consequences for refusing to participate in treatment should be communicated to the inmate by BOP staff

(CCM, T-DATC), when necessary. The treatment provider will ensure that the original form with all required signatures, is placed in the inmate’s treatment file with a copy forwarded to TDAT staff along with the other initial contact forms.

If the inmate refuses to sign the forms the treatment provider is responsible for stopping the session immediately and notifying TDAT staff.

They should also immediately notify the RRC staff that the session was stopped and the inmate was sent back to the RRC. This ensures accountability of the inmate.

c. Sex Offender-Specific Evaluation and Report: The Bureau will authorize an assessment that must be comprehensive and in narrative form and contain, at a minimum:

• diagnostic interview including significant background issues pertaining to family, relationships, health, social issues and employment,

• the inmate’s criminal history,

• a summary of the inmate's sex offense history,

• standardized dynamic and static risk assessment for violence and sexual offenses,

• a summary of the inmate's prior treatment experiences,

• a DSM diagnosis, and recommendations for treatment and management.

This assessment should be used to develop an individualized treatment plan for the inmate which comprehensively addresses the clinically relevant risks factors (stable/acute), strengths and limitations identified in the offender, which includes specific treatment activities, target dates, and is based on evidenced and clinically relevant research involving sex offenders in treatment.

8. TREATMENT PLAN. The treatment plan must be based on Cognitive

Behavior Theory by:

• being individualized and signed by the inmate,

• containing a statement of the problems to be addressed,

• contain measurable, time-bound goals,

• have action/activity steps to achieve those goals,

• address evidenced based risk factors including intimacy deficits, deviant sexual scripts/arousal patterns, emotional dys-regulation, and antisocial cognitions, and

• utilize "approach" goals while minimizing "avoidance" goals,

• be reviewed and updated as needed.

The treatment plan must be based on a formal, documented assessment, intake interview or any clinical information provided by TDAT staff.

Assessments and treatment plans should be sent to TDAT staff with the monthly bill no later than the third bill on which the inmate’s name appears.

9. MONTHLY PROGRESS REPORTS (MPRs). The treatment provider must submit information on the progress or lack of progress of all inmates receiving treatment with the monthly bill.

At a minimum, the MPRs should contain:

the inmate’s progress on each individual goal outlined in the treatment plan, each pertinent issue affecting transition into the community, e.g., problems with family integration, spending time in high risk areas, medication compliance, if applicable, reasons for missed appointments, whether excused or un-excused, and instances of inappropriate behavior and any corrective action taken, relapse and recovery maintenance concerns/issues, inmate’s attitude and effort in treatment, adjustment at the RRC including any rule violations.

All MPRs must be individualized and contain specific examples of what the inmate is doing, saying and working on. Generic content, templates and clinical themes do not constitute acceptable documentation of an inmate’s progress.

The MPR may be the contractor's progress notes or similar material, if they address all areas listed above and specifically note progress/or lack of progress on all treatment goals from the most current treatment plan.

If the inmate is receiving medication monitoring from the contractor, the monthly progress report must include the name of the authorized practitioner who provided the medication monitoring, the date, length of contact, and comments (i.e., adjustment, responsiveness, need for change in medication, etc.).

There must be a collaborative effort to ensure a comprehensive plan is developed to effectively provide services to the dual diagnosed inmate and/or inmates receiving multiple services from the same contractor.

Clinical Intervention - Inmate Behavior.

The following behaviors require the treatment provider to document and notify the RRC and TDAT staff immediately:

• mental health crisis;

• any significant incidents indicating the inmate is in distress;

• illegal behavior, including illicit drug use or alcohol or criminal conduct;

• crime specific behaviors related to their sex offense history, such as contacting victims, unauthorized use of the internet, or contact with minor children;

• disruptive behavior, including violence and threatening statements;

and

• missed appointments (e.g., canceled, rescheduled, or broken appointments) This includes excused or unexcused. Only TDAT staff can excuse a missed appointment.

Certain behaviors require the treatment provider to document and notify the RRC immediately and TDAT staff within 24 hours via telephone, email, or fax of the following:

• failure to participate, (e.g., sleeping, bad attitude, lack of motivation, failure to complete group work or homework, continued resistance to therapeutic process), and

• indications the inmate is not participating meaningfully in treatment.

The Bureau has a full range of disciplinary procedures developed for inmates in federal custody. A copy of the Bureau’s Program Statement, Inmate Discipline & Special Housing Unit can be obtained by accessing the Bureau website at www.bop.gov.

There will be occasions when staff from the CCM Office will require the inmate to wear electronic monitoring devices. This decision is made at the discretion of the RRC. This is not a decision made by clinical treatment providers nor funded by TDAT. However, treatment providers and

TDAT staff may recommend the use of electronic monitoring for clinical purposes to the CCM and RRC as indicated.

10. TERMINATION REPORT. A clinically oriented termination report (i.e., discharge summary) must be completed for all participants, including failures and removals. The termination report should be clinical in nature and not focus on case management issues. The report should be narrative in form and address the following:

• diagnosis,

• date(s) of service,

• type of service (individual, group, etc.),

• presenting problems,

• overall progress on treatment plan,

• modalities of treatment provided,

• response to treatment,

• reason for failure or removal, if applicable,

• prognosis,

• assessment of risk for violence and sexual offending behavior,

• recommendations for continued treatment needs and ongoing issues; and,

• establishment of continuity of care.

The termination report must be completed and forwarded to the TDAT office and U.S. Probation Office, ordinarily 10 working days prior to the inmate's release date from the RRC (Bureau custody), prior to beginning supervision under the USPO.

For inmates removed for disciplinary and/or administrative reasons, the termination report must be sent within ten working days of the inmate's removal from treatment.

The Bureau maintains the right to terminate clinical services as deemed appropriate. The service provider is expected to provide clinical services appropriate to the responsivity of the client until notified otherwise by TDAT staff; e.g., poor participation in treatment or denial are not sufficient cause to terminate the delivery of services

11. FILE MAINTENANCE. The treatment provider must maintain a treatment file for each inmate. Bureau treatment files must be maintained separately from non-Bureau files. The files should be maintained on-site, in a locked file cabinet. At no time should files be removed from the approved facility where services are performed. File material will be organized chronologically, and should be consistently organized in accordance with standard case management practices. The treatment provider should ensure complete confidentiality of all Bureau treatment records.

If any federal client requests information from their file, please contact

Bureau staff for permission prior to having the inmate complete a HIPPA

Release Form specifying documents they would like copies of, and completing their request.

The treatment file should include at a minimum the:

• Treatment Authorization,

• Bureau Authorization to Release Confidential Information Form, and

Bureau Informed Consent Form

• Treatment Provider’s Treatment Contract (if applicable),

• Sign-in/Sign-out Log,

• Assessment,

• Treatment Plan,

• Monthly Progress Reports,

• In-Prison Clinical Material(if provided),

• Termination Report, and

• Chronological Contact Sheet (progress notes).

Similar file structure is expected if electronic database systems are utilized by the service provider. The Bureau must be provided complete access, upon request, to all clinical records for federal inmates.

COMMUNICATION

12. ACCOUNTABILITY. Accountability is part of the treatment process and inmates are to be held responsible for the choices they make. The treatment provider must have a comprehensive inmate accountability program that ensures every inmate is accounted for while at the treatment provider’s facility. Inmates should sign into the facility and document the actual time they arrive and depart the building.

The contractor must submit a weekly treatment schedule, that includes the appointment dates and times for each inmate, to the RRC and TDAT Office no later than Thursday of the week prior to treatment.

13. Sign-in/Sign-out Log. The contractor must maintain a sign-in/sign-out log sheet for each federal inmate. The log sheets must accurately reflect the type, duration and time services are rendered (actual time in treatment). The log sheets must be maintained in each inmate’s file and must be made available to Bureau staff upon request for review. The logs must contain:

• the inmates full name (printed or typed),

• the inmate’s register number,

• the session date,

• the starting and ending times of the session,

• the type of treatment, (i.e., assessment(A), individual(I), etc.,

• the inmates signature after each session.

The logs must also contain the staff member’s initials of who conducted the counseling session as well as any intern/trainee or co-facilitator who observed.

These documents will be reviewed during the monitoring of the contract, with the monthly invoices and at any time requested by Bureau staff.

TDAT staff require the original logs with each monthly bill.

14. PARTNERSHIPS. Strong partnerships between treatment providers, Bureau facilities, TDAT and Community Corrections Management (CCM) Offices, RRC, and U.S. Probation Officers will create an effective support system for inmates and will enhance public safety.

a. Bureau facilities and TDAT Offices. BOP staff are a valuable resource for the treatment providers when dealing with resistance in the treatment process. Treatment providers are encouraged to use these resources, as needed, with permission from the TDAT staff. In addition, treatment providers in the local area of a Federal Institution with a SOMP are encouraged to build a relationship with those institutions.

Contractors shall coordinate contact with institution staff through TDAT staff.

b. RRC Staff. Communication between the treatment provider and RRC staff ensures that continuous inmate accountability and public safety are maintained. Regular contact (at least monthly) with RRC staff and other involved staff is essential. This may be accomplished through on-site visits to the RRC, RRC staff making on-site visits to the treatment provider, telephone contact, or treatment providers may request to be a member of the RRC’s Community Relations Advisory Board. RRC staff observe the inmate’s daily behavior and can reinforce the importance of the treatment provider’s role.

c. U.S. Probation Office. The treatment provider is strongly encouraged to establish a relationship with the U.S. Probation Office in the district they service. The U.S. Probation Officer often has contact with the inmate’s family and has other pertinent information which may assist the clinician to better serve the inmate. Additionally, the U.S.

Probation Officer has a vested interest in the inmate since most inmates are released to a Term of Supervised Release.

d. Contractor’s Community Network. The contractor should have or demonstrate the ability to establish a community referral network (e.g., housing, medical, educational/vocational, etc.), that supports/complements the inmate’s life circumstance, treatment, and transition to the community.

ADMINISTRATION

15. FACILITY REQUIREMENTS. The facility will not be a part of a building in which another business shares space which could be construed as a conflict of interest to the mission of a sex offender treatment agency.

For example, it would be inappropriate to share space with a business which caters to children. If the facility is of joint use, the provider will describe the nature of the business occupying all contiguous space.

The Bureau reserves the right to have the final decision in determining potential conflict of interest.

The contractor will provide, and have on site, documentation indicating necessary legal measures are taken to provide for continuity of service in the event of bankruptcy or incapacitation. The contractor will meet the filing requirements necessary to maintain its legal authority to operate.

The contractor’s proposed site for services must not change without the approval of the Bureau, specifically, the contracting officer.

The treatment provider must ensure the counseling location meets the space requirements for the treatment population. The treatment provider will ensure the counseling rooms allow for confidentiality, are clean, are well-lit, are free from extraneous noise, are furnished with comfortable chairs, and are handicapped accessible and/or accommodations are made to provide services to inmates requiring accommodations. The intent of this requirement is to ensure the facility has an area conducive to individual or group counseling for all inmates.

The treatment provider must ensure the facility has a working fax machine and Internet (email). If the treatment provider has email capabilities they will not use the Internet to transmit or receive sensitive data or inappropriate information and must adhere to the following guidelines:

• Information subject to the Privacy Act of 1974, (i.e., social security numbers, home addresses and phone numbers, marital status, race, religion, staff performance evaluations, and other personal information recorded in the Official Personnel File of staff or inmate files).

• Information that could be manipulated for personal profit or to hide the unauthorized use of money, equipment, or privileges.

• Investigative data.

• Proprietary data, (e.g., industry programming code or encryption algorithms, information compiled or developed for in-house use only, selected budgetary data, procurement bids, etc.).

• Information to which access is restricted to authorized personnel by law or directive.

• Information critical to the Bureau's operation and mission, (i.e., WITSEC information, lock and key data, gang or organized crime intelligence, and emergency plans).

• Information subject to the Tax Reform Act of 1976, (i.e., personal income tax returns or information extracted from them).

• Grand jury information subject to the Federal Rules of Criminal

Procedure, Rule 6(e), Grand Jury Secrecy of Proceedings and

Disclosure.

• Information used by automated decision-making systems that have a high potential for financial loss.

• Information exempt from the Freedom of Information Act (FOIA),5

U.S.C. 552a.

• Software or hardware manuals that provide information for system security features.

• Information specifically designated as "Limited Official Use."

• Other information that, if released, might cause harm to any person, adversely affect a federal program, or whose release prohibited by law or regulation.

The Bureau must approve any change in the physical location of the treatment facility.

16. FACILITY LICENSURE/CERTIFICATION. The agency/facility providing sex offender treatment services must be licensed/certified to provide sex offender treatment, if required, in the state where the services will be provided. The agency/facility license must be sanctioned by the state mental health or sex offender treatment board and conform to professional standards issued by ATSA. The Bureau will accept the state’s licensing requirements as the minimum requirement for compliance. All services for this contract shall be conducted at approved agency/facility. At no time will services be conducted at alternate locations, e.g., private/personal homes, or public areas.

The agency/facility license shall be sanctioned by the state authority.

Primary contractors in a relationship with a subcontractor shall have a valid state license in the state where the services will be provided for all services outlined in the contract. The contractor has the responsibility to ensure proper management and oversight of their program.

Absentee ownership will not mitigate program integrity, responsiveness or responsibility.

17. STAFFING. All counselors providing direct clinical services to Bureau inmates shall be approved by the Bureau prior to providing services. The contractor shall hire key personnel (determined by the contractor and approved by the Bureau), to meet the requirements set forth in the SOW.

The number of staff shall be adequate to perform the tasks associated with the SOW. The contractor will identify the key personnel by name, position and responsibility. The Bureau must approve changes of key personnel before they are employed in a key personnel position. The contractor will staff all key personnel positions throughout the performance of the contract. The contractor will notify the Bureau in writing if any key personnel vacates a position permanently and indicate when an equivalent replacement will be made. The replacement staff must be equivalent in credentials and experience. The notification will occur within 5 working days of the vacancy.

The contractor’s program shall establish limits on caseload size and group size to ensure effective treatment. Group sessions shall not exceed 10 offenders unless TDAT staff have given their permission to increase the size of the group. The contractor must justify the caseload size based on the number of inmates to be served, program design, characteristics and needs of the population served to include gender concerns, and any other factors.

The Bureau will not reimburse the contractor for services provided by staff who were not approved by TDAT staff at the time services were rendered.

The contractor shall provide or have access to appropriately credentialed bilingual staff for non-English speaking inmates. The bilingual services shall be available to non-English speaking inmates as long as there is a need for bilingual services. The bilingual staff must be approved by TDAT staff.

18. BACKGROUND INFORMATION. Contract employees must be approved by the

Contracting Officer’s Technical Representative (COTR) before they may work with federal offenders.

The contractor shall submit a person's name and relevant information to the COTR for a background check only after the contractor has determined that this person is appropriate for employment and that this person will work with federal offenders. The contractor shall secure from all individuals the contractor has determined are appropriate for employment and any person who will work with federal offenders (i.e., volunteers, interns, trainees), a signed consent form using Attachment A, REQUEST FOR

CONTRACT STAFF BACKGROUND INVESTIGATION. The contractor shall require this person to provide complete details of any conviction record or current charges for any violation of law. The intent is to screen applicants to determine their acceptability to work with federal offenders. The information shall include full name, all aliases used, date of birth, state of birth, sex, race, social security number, and previous cities and state(s) of residence. The contractor shall notify this person that a National Crime Information Center/National Law

Enforcement Telecommunication System (NCIC/NLETS), fingerprint, criminal records and other appropriate background checks will be processed by the

Bureau to verify this information. The contractor shall then submit to the COTR the relevant information, including the signed consent form.

This begins the background checks.

This person shall not begin working with federal offenders before clearance is obtained from the COTR. The COTR may grant the person clearance to work with federal offenders after the NCIC/NLETS check is conducted if the results of the check are appropriate.

If the NCIC/NLETS check results in a negative finding, an additional background check may be initiated to include a request for fingerprints from the proposed employee. The COTR may authorize the contractor to obtain fingerprints of their employee and forward the cards to the Bureau. In this instance, the final approval or disapproval by the COTR will follow the COTR's receipt of the finger print and/or other background checks.

The contractor shall understand that the granting of final approval shall not occur until after the COTR receives a response(s) from the fingerprint or other background checks and these checks prove to be appropriate. This action does not prevent, preclude, or bar the withdrawal or termination of any prior clearance or approval by the COTR at any time during the term of the contract.

The contractor shall verify training and experience of all staff.

This includes credentials for all professional staff, volunteers, interns and trainees. The contractor shall document the verification in the personnel file and make it available during inspections. The contractor shall voucher potential employees through reference and employment checks. The contractor shall document information regarding reference and employment checks in the employee's personnel file.

There may be occasions when an individual is prohibited to work with

Federal inmates by the Bureau but the contractor still wants to request the individual be allowed to work with Federal inmates. The contractor may appeal the decision by submitting, to the T-DATC, written justification why an individual should be approved to work with federal inmates. The T-DATC will review the appeal and make a determination to grant or deny the appeal.

The contractor shall provide or have access to appropriately credentialed bilingual staff for non-English speaking inmates. The bilingual services shall be available to non-English speaking inmates as long as there is a need for bilingual services. The bilingual staff must be cleared via NCIC/NLETS background check and approved by

Bureau staff.

19. CONTRACTOR LICENSURE. The contractor shall ensure all personnel providing direct clinical services to Bureau inmates are, at a minimum, master’s level clinicians with appropriate licensure or certification to provide services listed as required by the state authority where the services are being provided. All licenses must be current. Contractors shall forward documentation within 90 days of an expired license showing a renewed expiration date or restrict such personnel from providing clinical services to Bureau inmates. The

Bureau reserves the right to exclude any clinician with pending allegations of misconduct or previous disciplinary actions.

At no time will the direct clinical services be provided to Bureau inmates by personnel not authorized to conduct such services by the state licensing authorities where the services are provided. At no time will offers that do not meet the minimum state requirements be considered.

If interns or trainees are utilized to provide direct clinical services to Bureau inmates, they must be approved by TDAT staff prior to providing services or observing programming. Interns and trainees shall adhere to all state requirements to conduct such services

(i.e., education, experience, and clinical supervision). Interns or trainees must also work directly with approved licensed staff member when providing direct services. At no time should direct clinical services be provided to Bureau inmates by personnel not authorized to conduct such services by the state licensing authorities where the services are provided. A provisional license is not acceptable as a license. National or regional certification boards that issue credentials that are not specifically granted authority to license treatment practitioners in a given state cannot be utilized to satisfy the licensing requirement. State license reciprocity agreements are acceptable if the appropriate documentation has been submitted and approved by the state authority.

Note: If a state requires a practitioner to obtain a specific license/certification to provide sex offender treatment services, then this supercedes any other certifications or credentials. A sex offender specific license/certification is not required if the state where services are provided allows psychologists, licensed social workers, licensed professional counselors, etc. to conduct such services. Ordinarily, clinicians providing sex offense treatment services shall have a minimum of two years providing sex offense treatment.

The contractor must provide regularly scheduled clinical supervision to staff counseling Bureau inmates. Supervision must be conducted and documented by trained supervisory staff (e.g., clinical psychologists, certified treatment counselors, or certified masters’ level social worker). This individual must be licensed/certified to provide the services as the state guidelines direct. Documentation of these sessions must be maintained by the contractor and must be made available for review by Bureau personnel.

The contractor shall verify training and experience of all staff.

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

The contractor shall voucher potential employees through reference and employment checks. The contractor shall document information regarding reference and employment checks in the employee's personnel file.

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

The contractor shall require all employees to sign an acknowledgment that they have received and understand the Contractor’s Employee

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

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

Investigative authorities include, but are not limited to, investigations conducted by the Department of Justice, (e.g., the

Federal Bureau of Investigation, U.S. Marshals Service, Office of the

Inspector General, Office of Professional Responsibility, Bureau

Office of Internal Affairs, Bureau Special Investigative Agent, Bureau Special Investigative Supervisor, Equal Employment Opportunity

Investigator) and others (e.g., Department of Labor, Office of

Personnel Management, U.S. General Accounting Office), or any other agent or agency the COTR authorizes or directs to conduct an investigation.

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

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

Government.

The contractor shall require its employees to avoid any action that might result in, or create the appearance of, adversely affecting the confidence of the public in the integrity of the RRC, Bureau, DOJ and

U.S. Government.

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

The contractor shall prohibit its employees from using or possessing illegal drugs or narcotics. The contractor shall prohibit its employees from abusing any drugs, alcohol, or narcotics. The contractor shall prohibit its employees from using alcoholic beverages and being under the influence of alcohol while on duty, present in the facility, or immediately before reporting for duty.

The contractor shall indicate to contractor’s employees that when a contractor’s employee’s blood alcohol content level is 0.02 percent or greater he or she will be considered to be under the influence of alcohol.

The contractor shall prohibit its employees from showing partiality toward, or become emotionally, physically, sexually, or financially involved with offenders, former offenders, or the families of offenders or former offenders.

The contractor shall prohibit its employees from engaging in, or allowing another person to engage in, sexual behavior with an offender. The contractor shall indicate to its employees that regardless of whether force is used or threatened, there can be no

“consensual sex” between contractor’s employees and offenders. The contractor shall prohibit its employees from offering or giving an offender or a former offender or any member of an offender’s family, or to any person known to be associated with an offender or former offender, any article, favor, or service, which is not authorized in the performance of the contractor’s employee's duties. The contractor shall prohibit its employees from accepting any gift, personal service, or favor from an offender or former offender or from anyone known to be associated with or related to an offender or former offender. The contractor’s Standards of Employee Conduct, will clearly state that this staff prohibition includes any involvement with an offender’s family members or any known associates of an offender. The contractor shall prohibit its employees from showing favoritism or give preferential treatment to one offender, or a group of offenders, over another offender.

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

The contractor shall require its employees to remain fully alert and attentive during duty hours.

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

The contractor shall prohibit its employees from engaging in any conduct that is criminal in nature or which would bring discredit upon the RRC, Bureau, DOJ or U.S. Government. The contractor shall require its employees to conduct themselves in a manner that is above reproach. The contractor shall require its employees to obey, not only the letter of the law, but also the spirit of the law while engaged in personal or official activities. The contractor shall require its employees charged with, arrested for, or convicted of any felony or misdemeanor, to immediately inform and provide a written report to the facility director. The facility director shall immediately report the incident to the COTR.

Traffic violations…