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Cca Inmate Handbook Leavenworth Ks 2008
CORRECTIONS CORPORATION or AMERICA INMATE HANDBOOK Leavenworth Detention Center 100 HighwalJ Terrace Leavenworth, Kansas 66048 ~ ~.~J,1 Contracted with the United States Marshal Service Shelton Richardson, Warden Robert Mundt, Assistant Warden Februa1l.J 29,2008 INMATE HANDBOOK Leavenworth Detention Center TABLE OF CONTENTS I. Directions to the Facility 3 II. Introd uction 3 III. Admission Into the Facility 4 IV. Property and Contraband 4 V. Classification and Orientation 4 VI. Clothing, Linen, Basic Issue and Hygiene Items 5 VII. Inmate 10 Badges/Appearance 5 VIII. Living Quarters 5 IX. Searches 6 X. Laundry 7 XI. Emergency Evacuation and Emergencies 7 XII. Safety Briefing For all Inmate Workers (General Rules) 7 XIII. Inmate Telephone System 8 XIV. Recreational Activities 9 XV. Library 9 XVI. Inmate Programs 9 XVII. Other Program Services 10 XVIII. Barber 10 XIX. Work Programs 10 XX. Meals 10 XXI. Medical Services II XXII. Commissary II XXIII. Inmate/Resident Funds 12 XXIV. Inmate Mail 12 XXV. Indigent Inmates/Supplies 13 XXVI. Release of Funds 13 XXVII. legal Services 14 XXVIII. legal Visits 15 XXIX. Visitation 15 XXX. Disciplinary Policy and Procedures, Offense and Penalty Code 18 XXXI. Inmate Grievance Procedures 21 XXXII. Inmate Drug/Intoxicant Testing 25 XXXIII. Court Appearances 26 XXXIV. Departure From the Faiclity 26 2 INMATE HANDBOOK Corrections Corporation of America Leavenworth Detention Center Leavenworth Detention Center 100 Highway Terrace Leavenworth, Kansas 66048 913-727-3246 I. DIRECTIONS TO THE FACILITY FROM KANSAS CITY AIRPORT Leave airport grounds traveling East to I-29 North (left exit). 1-29 North to Exit for Highway 92. Exit right to stop light and then left (west) on Highway 92 to Leavenworth. ApP"oximately 10 miles on a two lane highway. Cross the Missouri River, a big blue bridge, at first stop light after crossing bridge, tum left (South). You are now on Highway US73/K-7, also known as 41h Street. Stay on 41h Street through Leavenworth to Muncie Road, eight traffic lights. Tum left (East) on Muncie two blocks to Brewer. Tum right (South) on Brewer one block to Highway Terrace. Turn left (East) on Highway Terrace the street ends on CCA property. FROM Kansas City, MO., KANSAS CITY, KS. OR TOPEKA, KS. Leave Kansas City on 1-70 traveling West to US73/K-7 Exit (Bonner Springs exit). Tum North on US73/K-7 approximately 10 miles to Muncie Road. Turn right (East) on Muncie two blocks to Brewer. Tum right (South) on Brewer one block to Highway Terrace. Tum left (East) on Highway Terrace the street ends on CCA property. Leave Topeka on 1-70 traveling East to US73/K-7 Exit (Bonner Springs exit). Turn North on US73/K-7 approximately 10 miles to Muncie Road. Tum right (East) on Muncie two blocks to Brewer. Turn right (South) on Brewer one block to Highway Terrace. Tum Left (East) on Highway Terrace the street ends on CCA property. II. INTRODUCTION Corrections Corporation of America designed, built and currently operates the Leavenworth Detention Center. The Leavenworth Detention Center is a privately managed maximum-security facility under direct contract with the U.S. Marshals Service. The Leavenworth Detention Center is responsible for keeping you during your confinement, maintaining sanitary living conditions, treating you fairly and providing you the opportunity to improve yourself while at The Leavenworth Detention Center. The Leavenworth Detention Center does not discriminate based upon sex, gender, race, religion, creed or natioml origin. This handbook is designed to help you understand what to expect and what will be expected of you while you are in the custody of this facility. It is impossible, however, to cover in this handbook every possible situation that you may encounter during you incarceration at this facility. This handbook is subject to change at any time at the discretion of the Leavenworth Detention Center; however any policy, rule, or procedural changes that might affect you will be posted on the bulletin board d'your assigned living area. It is important that you understand the rules, regulations and policies contained in this handbook. They will be enforced by the employees of the Leavenworth Detention Center. If you have questions concerning any matter, you may ask the employees stationed in your housing area, or you may send a "Request for Services" form to the relevant department or the Warden. 3 III. ADMISSION INTO THE FACILITY Upon your admission to the Leavenworth Detention Center, you will be strip-searched, showered, and dressed out into a clean CCA unifonn. During the intakelbooking process, a CCA employee will attempt to obtain specific infonnation about you in order to ensure that your entry into the Leavenworth Detention Center is adequately documented. All personal property and valuables brought with you to this facility will be inventoried and accounted for on a "Personal Property Fonn". Unauthorized items will be locked and stored in the property room until you are released from this facility. THIS IS A NON-SMOKING. TOBACCO-FREE FACILITY. InmateslDetainees are subject to drug/intoxicant testing at any time and at the discretion of the Leavenworth Detention Center. YOU. YOUR PROPERTY. AS WELL AS YOUR LIVING AREAS ARE SUBJECT TO SEARCH AT ANY TIME, AND AT THE DESCRETION OF THE LEAVENWORTH DETENTION CENTER. IV. PROPERTY AND CONTRABAND Upon entering the facility, you may be allowed to keep certain personal items in your possession after theintakelbooking process: • A plain wedding band with no stOles valued at less than $50.00 • Prescribed medical devices (artificial limbs, hearing aids, prescription eyeglasses, contacts, dentures, etc.) • Legal materials for active cases • Personal underwear, tee shirts (white only and must have sleeves) and socks • One small religious medallion valued at less than $50.00 • Any item purchased from the Leavenworth Detention Center Commissarythat has not been altered • Any item legitimately issued to an inmate (legitimately-issued means issued according to policy and procedure, and by an employee of the Leavenworth Detention Center) • Books, magazines and newspapers that are sent from a nationally recognized publisher or book store. Receipts must accompany all books/magazines mailed into the facility. No used books/magazines will be allowed. (books and magazines will be limited to the number that can be stored in the inmate locker) • One radio and one set of headphones • One pair of shower shoes • One pair of blue CCA shoes Items not on this list or items in excessive amount> (more than the amount normally given per individual issue) found in the possession of inmates/detainees or altered from the original condition will be considered contraband and will be confiscated and disposed of in accordance with CCA Policy 9-6, Control of contraband. Possession of contraband may result in disciplinary action. V. CLASSIFICATION AND ORIENTATION Information pertaining to your history received from the confining authority, intake officer and case manager will be utilized to assign you to the appropriate housing area. After completing the intake process you will be housed in N unit for initial classification and the orientation video. The Warden, Assistant Warden, Chief of Security and Department Heads each present an overview of the facility 4 concerning rules, policies, procedures as well as our expectations of you during your incarceration at the Leavenworth Detention Center. Staff is available to answer questions. VI. CLOTHING, LINEN, BASIC ISSUE AND HYGIENE ITEMS You have been issued and authorized to have in your possession the following items: • Clothing: three complete sets of uniforms (orange shirts and orange pants), three sets of underwear, three pairs of socks and one blue sweatshirt. • Linen: one pillow, one pillowcase, one blari<et, two sheets, 2 towels and I washcloth • Basic issue: one white laundry bag and one combination lock. • Hygiene items: one roll of toilet paper, one bar soap, one toothbrush, toothpaste and one comb. Warehouse hours are from 8:00 a.m. to 4:00 p.m. Monday through Friday. Requests for replacement of CCA-issued items must be made in writing by filling out a "request form" and submitting it to the Warehouse Officer during these hours. Emergency requests must be approved by the Unit Manager. Clothing and linen may be replaced or repaired by submitting a "request form" to the Warehouse Officer. If clothing or linen is found to have been damaged, lost or altered due to your negligence or deliberate acts, you will face disciplinary action prior to a replacement item being issued. This disciplinary action will most likely result in your account being frozen until such time as Leavenworth Detention Center is reimbursed for the item that is damaged, lost or altered. CCA-issued items found to have been altered from their original state are considered contraband and are subject to confiscation. You will face disciplinary action for altering CCA-issued items. You will be issued up to two rolls of toilet paper each week according to the schedule posted in your housing unit. Items other than standard issue hygiene items may be purchased through the Leavenworth Detention Center Commissary. If you are indigent and require (as confirmed by the appropriate Leavenworth Detention Center staff), items sold in the Commissary, you must submit a "request form" to the appropriate Case Manager, who will verify your account balance prior to processing the request. Hoarding of CCA-issued items is prohibited and excess items are subject to confiscation. VII. INMATE ID BADGES/APPEARANCE A picture J.D. will be given to all incoming inmates. It is the inmate's responsibility to replace the J.D. if it is lost or stolen. J.D. badges will be replaced at the cost of $5.00. The money will be taken out of your account. J.D. must be shown to receive services at medical, pill line, commissary, meal times, inside/outside recreation, visitation and mail. Inmates are required to show I.D. at the request of any staff. The I.D. card must be worn at all times outside of your assigned cell. It will be worn picture side out on the left breast shirt pocket. You will be issued clean uniforms upon entry to this facility. During cold weather you will be issued an orange jacket that will be worn outside only and will be given up at the end of the cold weather season. They will be in good repair and you will be expected to keep them that way. Intentional damage to CCA property will result in disciplinary action and you will be required to pay for any damages. WHENEVER YOU LEAVE YOUR HOUSING UNIT, YOU MUST BE COMPLETELY DRESSED IN YOUR ORANGE UNIFORM. All inmates will be dressed appropriately, no doo-rags or headgear, tee shirts must be tucked in with pants appropriately worn, no sagging. THE BLUE SWEATSHIRT MAYBE WORN UNDER THE ORANGE SHIRT. INSIDE YOUR HOUSING UNIT, ORANGE PANTS AND A SHIRT (T-SHIRT OR ISSUED SWEATSHIRT, ETC.) MUST BE WORN. ALL INMATES MUST WEAR HISIHER I.D. VISIBILY AITACHED TO THEIR SHIRT POCKET WHENEVER YOU LEAVE YOUR CELL. VIII. LIVING QUARTERS I. The Leavenworth Detention Center has double-cell as well as multiple occupancy housing. 2. You are expected to share common equipment such as telephones, televisions, chairs, tables, recreational games and equipment. 3. We expect your cooperation and we expect that you show other inmates and their property the same respect you wish 10 receive. Inmates will be held responsible for any damages they cause and disciplinary action will be taken. 5 4. You are not allowed to enter housing units, cells, or cubicle areas, other than the one that is assigned to you. This includes the sally ports or hallways of other units. Failure to follow this rule will result in disciplinary action. 5. Bulletin boards are located in all pods and housing units. It is your responsibility to read all postings for new or updated information. 6. You are responsible for ensuring that your personal living area is kept clean at all times and that your personal property is secured in your locker/gray box. 7. All inmates will be required to be out of bed and have their living area cleaned no later than 9:00 a.m. daily (exception: night workers) This includes but is not limited to the following: beds made, floors swept and mopped, trash emptied, showers cleaned, windows washed, dayroom area cleaned to inclule sweeping and mopping. 8. All of your property, either issued or personal must be stored in your lockerigray box. 9. No items will be placed in the windows of the cell~ doors or on top of lockers/gray boxes. 10. Pictures or posters may only be displayed inside of lockers. Items taped or glued to the walls, light fixtures, etc., will be confiscated and destroyed and disciplinary action will be taken. PICTURES ARE NOT ALLOWED ON WALLS, WINDOWS OR DOORS. II. The telephones and televisions will be turned on after your living area and the dayroom area have passed the morning sanitation inspection. YOU ARE EXPECTED TO KEEP YOUR LIVING AREA AND COMMON LIVING AREA CLEAN AND SANITARY AT ALL TIMES. 12. The television and phones will be turned off at II :00 p.m. There will be no one allowed in the dayroom area after hours except for the night pod cleaners. 13. Damage to cell walls, windows, sinks, toilets, bunks, ceilings, lights, etc. will not be tolerated. All damage will be noted during cell inspections and action taken accordingly. 14. Cleaning supplies will be made available in the housing units. If you need cleaning supplies and/or equipment, ask the pod officer for assistance. Cleaning supplies and/or equipment are not to be kept in your cells. They are to be returned to the pod officer upon completion of use. You will be held accountable for all items that you are using or that are assigned to you. 15. No sleeping in the nude. 16. You will not loiter in hallways. 17. You will not block any entrance or exit. 18. THERE WILL BE NO SMOKING - THIS IS A NON-SMOKING FACILITY. ANY AND ALL USE OF TOBACCO PRODUCTS IS ILLEGAL AND PROHIBITED BY LDC POLICY 12·100 SANITATION AND GENERAL LIVING CONDITIONS. 19. Failure to comply with these rules will result in disciplinary action. 20. Inmates will not use any item to obstruct the view into the cell or vents. 21. Horseplay will not be tolerated. IX. SEARCHES • All inmate cells and housing units are subject to search daily, but will be searched at a minimum of twice per month. • All inmates are subject to being pat-searched and/or strip-searched at any time. 6 • Contraband found during the search of inmates, cells, housing units, etc., will result in disciplinary action. • Facility staff of either sex may conduct a pat search. • Strip searches will be conducted by facility staff of the same sex. X. LAUNDRY Laundry services are available seven days a week according to the laundry schedule posted on the bulletin board in your housing area. Overstuffed laundry bags containing a mixture of white and orange dothing items will be returned to you unwashed. Sheets are washed on a weekly basis. Upon return of the white laundry bag, you will empty its contents, place your sheets in the white laundry bag, and return the white laundry bag to the laundry cart on scheduled days. Sheets will be washed and returned the same day. Sheets and/or blankets are not to be washed with white clothing items. If you combine sheetslblankets with white clothing items, the white laundry bag will be returned to you unwashed. Blankets are washed on Wednesdays by request to the Laundry Officer. Red Commissary bags are strictly for commissary usage. If a red commissary bag is placed in the laundry, it will be confiscated and any laundry inside of it will be returned to you unwashed XI. EMERGENCY EVACUATION AND EMERGENCIES In the event of a fire or other emergency in the living area, notify the correctional officer assigned to your housing area immediately. Follow hislher instructions quickly and calmly. Fire evacuation routes are posted on all living quarter bulletin boards. Please take time to study them. Fire evacuation drills will be conducted at least quarterly. Since your safety is of paramount importance to CCA, your participation and cooperation in facility fire drills is mmdatory. Fire safety is a serious matter in a prison and setting a fire of any kind, discharging a fire extinguisher without cause, sounding a false fire alarm, or any other related activity is a violation of safety rules and the rules of inmate conduct. Doing these things will result in disciplinary action and may result in prosecution. XII. SAFETY BRIEFING FOR ALL INMATE WORKERS (General Rules) I. Stay in the assigned work area 2. Horseplay is not permitted 3. Always stay in full uniform while working 4. Pick up heavy items with your legs, not with your back 5. Report any injury to your supervisor; no matter how minor you think it is 6. Read the Material Safety Data Sheet before using any new chemical. Follow all safety measures listed for that chemical. 7. If you get soap or other chemicals in your eyes, rinse your eyes immediately and report to your work supervisor. Refer to the appropriate MSDS. 8. Should you swallow a cleaning chemical, report it immediately to your supervisor. Refer to the appropriate MSDS. 7 9. Never use improperly labeled containers. Do not assume you know what is in the container. 10. Use chemicals and equipment for its intended purpose only. II. Always wear proper protective equipment when working. 12. Always clean up spills in and around your work area. 13. Always use wet floor signs when mopping or when floors are wet. Do not remove the wet floor sign until the floor is completely dry. 14. Never spray or point spray bottles or water hoses at anyone. 15. Never operate any piece of equipment until your work supervisorhas properly instructed you on its use. 16. When mopping or waxing a floor, only wax one half at a time, allowing for a path to walk on. 17. Always put your equipment away and leave your area neat and clean. 18. Never block doors. 19. Report all safety hazards immediately to your supervisor. 20. Think safety in everything you do. INMATE TELEPHONE SYSTEM XIII. Outgoing Telephone Calls: A. You will be issued a pin number during the intake/booking process. I. Your pin number is required to gain access to an outs ide line. 2. Using another Inmates pin number is not allowed and will result in disciplinary action. B. Outgoing telephone calls may only be made collect or by phone card. I. Use of the telephones will be on a first come first serve basis. Phone calls are limited t030 minutes; overuse of the phones can result in loss of priv i1eges. 2. Three-way phone calls are not permitted. If detected, your call will be terminated by the phone company and/or phone number blocked. 3. Telephone conversations may be monitored and/or recOided for security reasons. 4. Telebranch lines are not permitted. Any inmate caught doing so will be subject to a disciplinary report and may lose their telephone privileges. C. 40-minute phone cards are available for purchase from the Commissary on assgned commissary days at the cost of $20.00 each. I. D. You may purchase a maximum of five phone cards each week. International telephone calls: I. International telephone calls may be made by submitting a request in advance to the Unit Management Staff 8 ··8tAJViQ,U,i,d.i,S'Qi :: .oc.dLA s.s. .. , m::::;~ I! .~l ...o.kd .. ia::;.x.w.. . SiQ.t.t,o.. q i i :::m:z;;;:;;;;MMnxw;;t..w.t ;i MiQ (IJiiiJ l. . l. .6¥.J.v.. M.c::;vpn;r"';;::;::::::::::.:mm".&VM?4'#JiMiiU;:::::::::::;:::::::;::::;::::::;:::';;.@WMWiQ,. ..... l.. l.k .MbA. .. 4.... '" ; .,,$....:. 2. International telephone calls will be made after hours or on the weekend in Receiving and Discharge in the presence of an Officer. International calls are limited to once per week unless there is an emergency situation. The time limit for escorted and supervised phone calls is 15 minutes. Incoming Telephone Calls: A. Incoming telephone calls are not authorized at this Facility. Emergency Telephone Calls: A. Emergency messages will be accepted through the Chaplain during duty hours, Monday through Friday; if the Chaplain is unavailable the Unit Management staff or Shift Supervisor will relay the message to the inmate. I. Inmate family members must call the Leavenworth Red Cross, who will verify that an emergency actually exists. 2. The Leavenworth Red Cross will, in tum phone Leavenworth Detention Center staff with the emergency message, which will then be relayed to the appropriate recipient. Legal Telephone Calls/Messages: A. Attorneys/Legal Aids may fax a message to the Facility to have their client contact thm. ). Messages will be delivered to prisoners within 24 hours of receiving the message. 2. A copy of the faxed message will be provided to you after youhave signed and verified that you have received the message. XIV. RECREATIONAL ACTIVITIES Indoor and outdoor recreation is provided, weather permitting. Recreation is a privilege, which may be restricted, if necessary, for disciplinary reasons. Indoor recreation consists of television, games (dominoes, chess, checkers, cards,), ping pong, and weight lifting. Outdoor recreation consists of basketball, volleyball and walking/running. Weather permitting; you will be afforded one (I) hour outdoor recreation, five (5) days a week. LIBRARY XV. Library schedules are posted in each housing unit. For additional time to use the available legal reference material, you may send a "Prisoner Information Request form" to your Case Manager and/or Counselor. Inmates are allowed to check out five (5) books from the library on their designated day. XVI. INMATE PROGRAMS Several programs are available at the Leavenworth Detention Center. These programs include: A. Religious Education. B. General Counseling C. Adult Basic Education (GED preparation) D. Alcoholics AnonymouslNarcotics Anonymous/Overcomers E. English as a Second Language (ESL) F. Work Programs 9 G. Volunteer Services All programs are voluntary and may be accessed by writing a Prisoner Infonnation Request fonn to the appropriate Case Manager and/or Counselor. All inmates/residents are to have equal occess to programs and services available at Leavenworth Detention Center. XVII. OTHER PROGRAM SERVICES The Leavenworth Detention Center also provides Hallmark Greeting Cards that are available on a limited basis (3 per month per inmate). You may submit a Prisoner Request Fonn to the appropriate Unit Manger/Case Worker listing the types of greeting cards desired (Le., Christmas, Birthday, anniversary, etc). If available, your card(s) wi1l be delivered to you. XVIII. BARBER Barber services will be provided. A barber schedule is posted on the housing bulletin board. No extreme haircuts will be allowed. XIX. WORK PROGRAMS All work by prisoners at the Leavenworth Detention Center is voluntary, excluding the housekeeping of your personal and general living areas. Prisoners wishing to work must submit a Prisoner Infonnation Request Fonn to the appropriate Case Manager and/or Counselor in order for your name to be added to the work list. You must be cleared by classifications, medical, and security prior to being assigned to a job. Job assignments include: kitchen, laundry, housing clean up, barber shop, hallways, commissary, warehouse, maintenance, education and library worker. Once assigned to a job you will be moved to one of the "Work Units". Any disciplinary actions will result in the loss of job and removal from the "Work Unit". If you are involved in a work program, your pay will be posted to your account by close of business each Monday. All inmates with job assignments will dress neatly. T-shirts are to be tucked inside waistbands. Bottoms of pants are to be neatly rolled to the top of shoes. Shirtsleeves are not to be rolled up. xx. MEALS You will be provided three (3) meals per day, two (2) of which will be hot meals. Each meal will be prepared in accordance with established health standards and meet daily nutritional requirements. Medical diets are provided as prescribed by the doctor for medical reasons. Religious and vegetarian diets are available at intake and must be reviewed by the Food Service Manager. There will be no changes once you have selected a special diet Meal times are scheduled to begin at the following times: Breakfast Lunch Dinner 5:30 a.m. 10:30 a.m. 5:30 p.m. • FOOD TRAYS WILL NOT BE ALLOWED IN INMATE CELLS (WITH THE EXCEPTION OF INMATES HOUSED IN SEG REGATION). All meals received from the kitchen will be consumed in the dayroom area of the housing unit and returned to the tray cart upon completion. All food must be consumed and not taken back to thecells. • Inmates will not be pennitted to put food trays in the microwave. This warps and destroys the insulating quality of the food trays. • Inmates will receive one cup of beverage and a spork. The beverage must be placed in a CCA issued cup. Cups and sparks will be collected after every meal. • Correctional Officers are not pennitted to pass out extra food trays to inmates. Extra food trays will be returned to the kitchen after the meal is completed. • When you line up to receive your meal, you must be properly dressed and tum your badge in to the Correctional Officer upon receiving your food tray. • Failure to comply with these rules will result in disciplinary action. 10 XXI. MEDICAL SERVICES Medical services are provided 24 hours a day, seven (7) days a week by licensed medical personnel. A "Request for Medical Services" form can be obtained from the correctional officer assigned to your housing area. This form should be used for all non-emergency medical problems. To request medical, dental or mental health services, you must fill out a Health Care Request form and drop it in the box marked "Medical" in your housing area. You will be scheduled for "Sick Call", and after an assessment by the "Sick Call" nurse, an appointment to receive further medical treatment (doctor, dentist or psychiatric) will be scheduled if deemed necessary. You will be notified when placed on the list to see the doctor and escorted to the medical holding area during the doctor's regular scheduled visit to the facility. You must have your I.D. badge with you. If you wish to refuse the appointment, you must come to the medical department and sign a refusal. In case of a medical emergency, notify the staff member assigned to your housing area. You will ensure that appropriate staff is immediately notified, and that appropriate medical attention is provided in a timely manner. Pill call and Diabetic pill call times are posted in your Housing Unit. The officer in each pod will announce pill call. If you have been prescribed medication, you will need to respond to pill call at the appropriate time(s) your medication is scheduled to be administered. You must have your I.D. badge with you, a cup of water, and be fully dressed. Medication will be issued in accordance with Doctor's orders and as prescribed. All medications will be taken in the presence of a nurse and a correctional officer. There will be no hoarding of medication. Medications found on your person or in your locker will result in disciplinary action. There are certain medications that you will be authorized to keep on your person. DO NOT REMOVE ANY LABELS FROM THESE MEDICATIONS or they will be confiscated during cell searches. ALTERED KOP MEDICATION CARDS ARE CONSIDERED CONTRABAND AND ARE SUBJECT TO CONFISCATION AND/OR DISCIPLINARY ACTION. If you have a health issue that is determined to be beyond the scope of Medical Staff at the Leavenworth Detention Center, health specialists within the community may be utilized. To be seen by a specialist, a referral must be given by our on-site Physician and the USMS must approve the service. All sexually related offenses regardless if it was by a staff member or another inmate has to be reported. Any staff member can be informed of the alleged sexual misconduct and all reports will be taken seriously and investigated immediately. Medical treatment will be provided and psychological counseling offered. Disciplinary measures against the offending individuals will be enforced along with any criminal charges that may apply. Only necessary medical items will be approved for inmates. All items must be approved by the Chief of Security, Assistant Warden or Warden. No items will be dropped off during visitation or delivered directly to the facility. XXII. COMMISSARY Unless certain conditions apply, you are allowed to purchase food and non-food items from the Leavenworth Detention Center Commissary. Inmates/detainees who are in segregation, who have had their account frozen, or who lack funds face restrictions in ordering from the commissary. The maximum amount you can spending the Commissary each week is $55.00. This spending limit DOES NOT include shoes, phone cards, postage stamps (up to twenty first class stamps), and radios. Orders submitted for more than $55.00, not including the exempt items just listed, will be rejected and you will not be allowed to purchase from the commissary that week. Commissary orders are filled out on a "Commissary bubble sheet". A Correctional Officer will distribute bubble sheets to you at 6:00 p.m. the day prior to commissary day. Failure to fill out the bubble sheet correctly will result in your order not being processed and you will not be allowed to purchase from the commissary that week. You must have your name and inmate commissary number on the top right comer of the bubble sheet or the bubble sheet will not be processed. When writing the commissary number on the bubble sheet, the number must appear exactly as it is written on your identification badge. Do not place zeros in the empty spaces or the bubble sheet will not be processed. 11 You will have until 6:00 a.m. the next morning to complete your bubble sheet. The Commissary Officer will begin picking up bubble sheets after 6:00 a.m. The Commissary Officer will then takethe bubble sheets to the commissary and begin processing orders. If you are scheduled for court or an off-site appointment on your commissary day, you MUST tum in a bubble sheet before leaving the facility. The Commissary Officer will attempt to deliveryour order to you the next business day. It is your responsibility to ensure that you receive the items you ordered prior to leaving the commissary table. Once you depart the area, no shortages will be accepted. NO EXCHANGES are allowed at the commissary table. Orders for shoes will be sent to the vendor and delivered to you when theshoes arrive at the facility. Any commissary items(t-shirts, long johns) altered from their original form will be considered contraband and will be confiscated. XXIII. INMATE/RESIDENT FUNDS You may not possess paper money or coins. If you are found to have paper money or coins, you are subject to disciplinary action. You may receive funds in the form of money orders or cashier's checks (only). The money orders or cashier's checks must be made out to you. Money orders or cashier's checks can be mailed to the facility at the address on the front of this handbook or hand delivered to the front lobby, either Monday through Friday between 8:00 a.m. and 5:00 p.m. or durirg visitation. Unless there is a hold on your account, your funds will accompany you or be forwarded to your destination when you leave the Leavenworth Detention Center. Your account may be frozen if you owe Leavenworth Detention Center money (e.g. for damaged property). If you receive enough money through the mail or visitation topayofftheamountowed,it is your responsibility to fill out a "release of funds" to CCA so the Business Office may deduct the amount owed and unfreeze your account. Inmates will not attempt to place money on another inmates account, nor is another inmate's family member or friend authorized to place money on another inmates account. XXIV. INMATE MAIL • Outgoing mail is to be placed in the locked mailbox located in your housing area no later than 6:00 A.M. Segregation and Medical inmates are to give their mail to the housing officers. Be sure to include a return address with your name and number, proper postage and a proper recipient address. A staff member will collect the mail daily, Monday through Friday, excluding holidays. All packages must remain open. • Incoming mail will be processed by the Mailroom Officer, (opened and inspected for money orders, contraband, etc.) and delivered to you in your housing area Monday tlTough Friday, excluding holidays, after 4:00 p.m. • Incoming mail must have your full name as shown on your JD and your inmate numberor it will be returned to sender. • There is no limit on the number of letters you may receive. Photos may be received btt may not show any nudity, penetration, crime, gang signs, drugs or drug usage. Polaroid's are acceptable as long as they are not damaged and/or concealing any contraband. • Only money orders or cashier checks, which have been completely filled out to include your complete name and inmate number and the sender's name, address and signature, are accepted. Cash, personal checks and payroll checks are not accepted. • Stamps, blank paper, envelopes, blank cards, self-addressed stamped envelopes, calling cards, credit cards, stickers of any kind or fake cash are not accepted and may not be sent in. • All publications must be sent from a nationally recognized publisher or book store. Receipts must accompany all books/magazines mailed into the facility. No used books/magazines will be allowed. No more than 3 books and/or magazines may be received in anyone shipment. The Leavenworth Detention Center will reject any publication(s) based on the following: sexual penetration, tattoo design, method or instruction, any printed material promoting racial, religious or 12 national hatred, depicts or describes procedures for the construction or use of weapons, ammunition, bombs or incendiary devices, depicts , encourages or describes methods of escape from correctional facilities or contains blueprints, drawings or similar descriptions of Bureau of Prisons Institutions, depicts or describes procedures for the brewing of alcoholic beverages, or the manufacture of drugs, is written in code, any nudity where genitalia or female bleasts are exposed. • Packages will not be accepted, other than clothes for discharge, for court, and medical packages, and only after approval by the Chief of Security. Unauthorized items that are received in the mail will be destroyed or mailed out at the inmate's expense and choice. Items will not be stored. • Approved medical items for inmates must be mailed into the facility. A request has to be sent to the Health Services Administrator to determine if the item is needed by the inmate prior to notifying the Chief of Security for approval. No item will be dropped off during visitation or delivered directly to the facility. • All inmate to inmate correspondence, including inside and outside of the facility, must be pre-approved. Proper paperwork may be obtained via request to the mailroom. All unauthorized inmate to inmate correspondence will be rejected. • Incoming privileged/legal correspondence will be treated as privileged only if the name and official status of the sender appears on the envelope. Incoming privileged mail will be opened and examined for contraband in the presence of the inmate to whom it is addressed. Incoming privileged packages will be processed the same way. Privilege applies to attorneys, legal aid services, paraprofessionals working for an attorney or legal service, judges and clerks of the federal, state and local courts, public officials, parole authorities, administrator, grievance systems and officials of the confining authority only. • It is your responsibility to either dispose of or mail out your personal property upon your departure from CCA. All mail that is either taken to Receiving & Discharge when you depart or placed on/in the unit mailboxes to be mailed out will be sent out as is. CCA will not place additional postage on your packages/letters. When you are departing CCA, you must place a different return address on your outgoing mail, so it will not be returned to CCA ifnot deliverable by the post office. • xxv. All mail received after your departure from The Leavenworh Detention Center will be returned to sender. INDIGENT INMATES/SUPPLIES I. Through procedures determined at each facility, CCA will provide paper, pens, and envelopes to Indigent Inmates/Residents. 2. CCA will provide postage for five (5) I oz. letters of general correspondence a week. In addition to this, postage for legal mail to attorneys, the court system and confining authorities will also be provided in reasonable amounts. 3. Indigent Inmates/Residents may receive three (3) photocopies of each legal document to be filed with the court at no charge unless the state or federal court rules expressly state that more (or less) than that amount is necessary to file with the court. INMATE-TO-INMATE ASSISTANCE: In accordance with Shaw v. Mumhy, inmates/residents do not have a constitutional right to help other inmates/residents with lawsuits. Unless otherwise mandated by the contracting agency, an inmate/resident's library job duties are limited to assisting designated staff in maintaining and inventorying legal reference materials and porter type duties. If you are indigent (have less than $3.00 on your account for 30 days or more) you may receive indigent supplies (stamps and writing materials) by sending a Prisoner Information Request form to the appropriate Case Manager and/or Counselor. YOUR FORM MUST BE TO THE APPROPRIATE CASE MANAGER AND/OR COUNSELOR BY WEDNESDAY IN ORDER FOR YOU TO RECEIVE YOUR SUPPLIES ON THURSDAY. Indigent inmates may receive up to five (5) envelopes and five (5) stamps for personal correspondence per week. Necessities (razor, toothpaste, toothbrush, one (1) bar of soap and toilet paper) will be passed out every Tuesday morning in the housing areas to all inmates. XXVI. RELEASE OF FUNDS "Release of funds" forms are available to release money from your account for personal reasons, magazine and newspaper subscriptions, photos or other purchases. You must fill out the "release of funds" form completely and sign it in ink. A stamped, addressed envelope must be included with the "release of funds" form. Once the form is submitted, the Business Office will deduct the requested amount from your account and purchase a money order on your behalf. The money order, your receipt, and the envelope 13 will be brought to you by the Mailroom Officer for your signature and then immediately mailed out. You will not be allowed to release funds to other inmates/residents. LEGAL SERVICES XXVII. The U.S. Supreme Court in Lewis v. Casey allows a prison to meet the access to courts requirement by the use of a law library, a person trained in the law, or a combination of both. CCA has chosen to use a person trained in the law. Access to courts is provided to assist prisoners in filing initial pleadings in court. There is no requirement to provide defense or prosecution beyond the initial pleading stage. The attorney will assist you in civil matters only. Criminal matters must be handled by your criminal attorney. However, limited criminal materials will be available to assist you with your crininal case. Pursuant to Lewis v. Casey, constitutional access to the courts system extends only to assistance with the preparation of initial pleadings (e.g. Motions to Proceed In Forma Pauperis, Motions for Appointment of Counsel, Petitions for Writs of Habeas Corpus, Petitions for Post-Conviction Relief, Civil Complaints for Section 1983 Claims in state or federal court). Constitutional access to courts provided by the State (or its private contractor) does not extend to assistance with any legal proceedings beyond the initial pleading stage. I. Access to the court does not extend to any other proceedings not related to the inmate/resident's imprisonment to include bankruptcy, divorce or child support. 2. The contract attorney/paralegal will perform the legal research only to assist you in filing the initial pleading or motion. Any assistance or legal research you may desire beyond the initial pleading stage will have to be obtained by (1) requesting the court to appoint an attorney to represent you: or (2) cmtacting an attorney directly to represent you at your expense. 3. If the initial pleading involves a 42 USC sec. 1983 or condition of confinement claim, you should have first availed yourself to the Inmate Grievance System. The court will likely dismiss the suit if you fail to exhaust administrative remedies available through the grievance process. You are required to bring a copy of the final disposition of the grievance when they meet with the contract attorney/paralegal. If the issue involves Post-Conviction or Habeas Corpus relief, you should bring a copy of your sentencing, appeal and sentencing calculation documents to the appointment with the contract attorney/paralegal. 4. Services to be provided by the Attorney will not include representation in fee gmerating suits, but will include the following: a. Consultation and assistance with post conviction and habeas corpus issues involving the inmate's custodial situation and institutional claims personally involving the inmate; b. Personal interviews with inmates seeking assistance with the above referenced issues to include motions to proceed in forma pauperis and for appointment of counsel and the preparation of pleadings; c. Consultation and assistance in fact gathering and legal research; d. Consultation and assistance in referring inmates to; i. ii. iii. e. legal organizations that provide specialized services; social service agencies; and Facility staff. Consultation and assistance in the preparation of inmate grievances pursuant to Facility policy. A cart with a limited number of law books and reference materials are available for your use during scheduled times posted on the bulletin boards via the Weekly Activity Schedule. Computer programs are now available with legal materials. Law Library hours are 8:30 a.m. to 10:00 a.m. and 12:00 p.m. to 2:00 p.m. To obtain assistance from the attorney, you must first complete Form 14-8A, Request for Attorney Conference. That form will be mailed free of charge to the attorney. The attorney will determine if ywr concern can be handled without talking to you. If so, the attorney will provide you with a written response so you will know what has been done on your behalf. If he or she needs to talk with you for more details, a conference will be arranged. For legal copies, you must submit an Inmate Information Request to the appropriate Case Manager and/or Counselor. You will be charged .10 cents per copy (legal work only). 14 B. 5. Self-mutilation. 6. Unexcused absence from place of assignment. 7. Unsanitary and disorderly housing conditions. 8. Use of vulgar, abusive or obscene language. MAJOR OFFENSES I. Arson: Starting or causing to be started a fire that could do or does cause damage to person or property. 2. Assault: An attack upon the body of another person. This includes rape. 3. Attempt/Conspiracy: This is an offense for prisoners who do not actually commit the offense, but participate in the following ways: a. attempts to commit the offense; b. solicits another or others to commit the offense; c. conspires with another or others to commit the offense; d. facilitates the action of another or others in committing the offense. 4. Counterfeiting, forgery or unauthorized reproduction. 5. Death of any person. 6. Destruction, alteration or damage to property. 7. Detaining a person against his will. 8. Escape. 9. Failure to follow verbal or posted rules and/or orders. 10. Fighting. II. Gambling. 12. Hindering an employee in the performance of his duties. 13. Insurrection. 14. Possession of contraband. 15. Possession of stolen property. 16. Refusal to submit to a drug or intoxicant test. 17. Refusal to submit to a search. 18. Refusal to work. 19. Repeated violation of minor rules. 19 20. C. a. Taking part in sex act(s) where all parties agree to take part: b. Exposing the genitals or buttocks to an employee or visitor; c. Masturbation where an employee, visitor or other prisoner can see the act. 21. Theft. 22. Threatening another with harm. 23. Unauthorized receipt of any item of value. 24. Unauthorized sale or transfer of property. 25. Unauthorized use of drugs, intoxicants, or tobacco products. 26. Unauthorized use of mail or telephone. 27. Violation ofany Federal, State, or local law. PENALTIES I. 2. D. Sexual misconduct: This act includes, but is not limited to, the following acts: Minor Offenses: The Disciplinary Board or Hearing Officer may impose up to two (2) of the below listed penalties after a determination of guilt on a minor offense. a. Reprimand, written or verbal; b. Living area restriction for a maximum of 15 days; c. Loss of one of the following privileges for a maximum of 30 days; commissary special activities work program (where applicable) d. Extra duty up to four (4) hours. Major Offenses: The Disciplinary Officer or Board may impose up to two (2) of the following penalties for a major offense: a. Any penalty which may be imposed for a minor offense: b. Extra duty up to eight (8) hours; c. Restitution; d. Cell or dorm restriction for a maximum of 15 days; e. 1-30 days of disciplinary segregation per offense, a maximum of 60 days for all offenses arising from one incident. APPEAL A prisoner may appeal the decision of the Disciplinary Board/Officer to the Warden. The time guidelines are as follows: I. The prisoner will be advised of their right to appeal the decision of the Disciplinary Officer at the time they are provided the decision. The prisoner is to indicate at the conclusion of the hearing if he/she wishes to file an appeal with the Warden. 20 2. The Warden will respond to the appeal in writing, affinning or reversing the decision within thirty (30) days of the appeal. The Warden is to review the disciplinary report to detennine: I. That there was compliance with the relevant facility policies; 2. That there was sufficient evidence for finding of guilty; and 3. That the penalty imposed was appropriate to the rule violation. The Warden, after review, may: E. I. Concur with the findings and penalty; 2. Void the report; 3. Decrease punishment; 4. Send back for a new hearing to correct any error in procedure but not for an increase in punishment; 5. IN NO CASE will the Warden make a finding or impose a penalty that increases the category of the offense(s) or penalty(ies). Expungement If a prisoner is found not guilty of an offense, major or minor, either after the hearing or the appeal, all reference to that offense shall be removed from your file. F. G. Criminal Misconduct I. If the designated supervisor reviewing the report or Disciplinary Board/Hearing Officer thinks the conduct for which the prisoner is being disciplined is a crime, he shall notify the Warden who will contact the appropriate law enforcement agency. 2. Any disciplinary hearing for this alleged offense shall be conducted following the procedure set out herein and the prisoner shall be advised that he has the right to remain silent in the hearing and that anything he says during the course of the disciplinary hearing may be used against him in any subsequent criminal proceeditg. Procedures Following an Emergency I. In the event of a widespread facility disruption, that requires emergency action, any or all portions of these regulations may be temporarily suspended. 2. Any prisoner involved in the emergency may be detaired without a hearing throughout the course of the emergency. 3. Upon the restoration of order, all prisoners who were detained shalJ be accorded all disciplinary procedures as provided for by this regulation. XXXI. INMATE GRIEVANCE PROCEDURES All inmates/residents will have access to an informal resolution process to resolve their complaints. At any time the informal resolution process has not provided successful resolution of the complaint or in the event of an emergency grievance, inmates/residents may use the formal grievance process. All complaints should be assessed in a fair and impartial manner. Resolution in the best interest of the inmate/resident and the facility should be the primary goal. GRIEVABLE MATTERS 21 Inmates/residents may grieve the following matters through the grievance process: 1. Violation of state and federal laws, regulations, or court decisions, to include but not limited to violations of the Americans with Disabilities Act, constitutional rights, etc. 2. Application of rules, policies, and/or procedures towards inmates/residents over which CCA has control; 3. Individual staff and inmate/resident actions, including any denial of access to the informal resolution or grievance processes; 4. Reprisals against inmates/residents for utilizing the informal resolution or grievance processes; and 5. Any other matter relating to the conditions of care and supervision within the authority of CCA. NON-GRIEVABLE MATTERS The following matters are not grievable by inmates/residents through these grievance procedures: 1. State and Federal court decisions; 2. State and Federal laws and regulations; 3. Final decisions on grievances; 4. Contracting agency (BOP, ICE, state department of corrections, etc.) policies, procedures, decisions, or matters (i.e., institutional transfers, parole and probation decisions, etc.); NOTE: Contracting agency policies, procedures, decisions, or matters shall be grieved in accordance with the regulations of the applicable contracting agency. 5. Disciplinary actions (all disciplinary action must be addressed in accordance with disciplinary procedures in place at the facility); 6. Property issues (all property issues must be addressed in accordance with property procedures in place at the facility); and 7. Classification status (all classification status must be addressed in accordance with classification procedures in place at the facility). EXCESSIVE FILING OF GRIEVANCES If it is determined by the Warden/Administrator that an inmate/resident is deliberately abusing the grievance system through excessive filing of grievances and/or repeated refusal to follow procedures, the Warden/Administrator may suspend the filing of additional grievances until all pending grievances have been resolved. The Warden/Administrator will provide the inmate/resident with written documentation of the suspension. GRIEVANCE EXTENSIONS In certain instances it may be necessary to extend response deadlines to allow for a more complete investigation of the claim(s). Justification for the extension must be provided to the inmate/resident on the 14-5C Grievance Extension Notice. The time extension will be determined by the Warden/Administrator and will not exceed fifteen (15) calendar days. INFORMAL RESOLUTIONS With the exception of emergency grievances, inmates/residents are required to utilize the informal resolution process concerning questions, disputes, or complaints prior to the submission of a formal grievance. If an inmate/resident is not satisfied with the results of the informal resolution process, the inmate/resident may file a formal grievance. 1. Filing a. The 14-5A Informal Resolution form must be utilized to initiate the informal resolution process. b. All 14-5A's related to medical care and treatment must be submitted to qualified health services staff through facility mail. c. With the exception of grievances related to medical care and treatment, inmates/residents are required to submit 14-5A's through facility mail, or in person, to the appropriate unit staff. AT THIS FACILITY INFORMAL RESOLUTION FORMS WILL BE SUBMITTED TO: 22 ANY MEMBER OF UNIT MANAGEMENT TEAM (CORRECTIONAL COUNSELORS, CASE MANAGERS. UNIT MANAGERS. AND GRIEVANCE OFFICER). NOTE: Only qualified health services staff are authorized to provide responses to any questions, disputes, or complaints regarding medical care and treatment. Time Guidelines The total time for the informal resolution process will be no more than fifteen (15) calendar days from the date the 14-5A was submitted through the date the response was presented to the inmate/resident, unless unusual circumstances are present. In the event unusual circumstances (e.g. inability to contact a critical staff member for the investigation process, facility on lock down status, etc.) prohibit the ability to meet time guidelines, the assigned staff member will provide the inmate/resident with written documentation extending the response deadline. a. The inmate/resident must submit the 14-5A within seven (7) calendar days of the alleged incident. b. The time for filing begins from the date the problem or incident became known to the inmate/resident. c. In the event the inmate/resident is not satisfied with the response, the inmate/resident will have five (5) calendar days to submit a formal grievance to the Grievance Officer. In the event the inmate/resident pursues a formal grievance, the inmate/resident will be required to attach a copy of the 14-5A to the formal grievance form. EMERGENCY GRIEVANCES If the subject matter of the grievance is such that compliance with the regular time guidelines would subject the inmate/resident to risk of personal injury, the inmate/resident may request that the grievance be considered an emergency grievance. The emergency grievance must detail the basis for requiring an immediate response. When the grievance is of an emergency nature, utilization of the informal resolution process is not required. 1. Filing a. The 14-5B Inmate/Resident Grievance form must be utilized to file an emergency grievance. The inmate/resident will complete Page 1 of the 14-5B and place it in a sealed envelope marked "Emergency Grievance". Sealed envelopes may be placed in the grievance mail box. If a grievance mail box is not used, the emergency grievance will be forwarded to the Grievance Officer. b. The Grievance Officer will check the grievance mail boxes daily, excluding weekends and holidays. If a grievance mailbox is not used, grievances are to be forwarded daily, excluding weekends and holidays, to the Grievance Officer in accordance with the procedures listed above. c. In the event it is necessary to file the emergency grievance on weekends or holidays, the sealed envelope will be given to the Shift Supervisor. The Shift Supervisor will ensure the Administrative Duty Officer is notified upon receipt of the emergency grievance. 2. Resolution a. Emergency grievances received through the grievance mail boxoralternativemeans.asidentified above, will be reviewed by the Grievance Officer to determine if the grievance is of an emergency nature. b. Emergency grievances received on weekends and holidays will be reviewed by an individual authorized to serve as Administrative Duty Officer below the rank of Warden/Administrator to determine if the grievance is of an emergency nature and will respond accordingly. 3. Time Guidelines An individual authorized to serve as Administrative Duty Officer (below the rank of Warden/Administrator) shall take action to resolve the grievance within one (1) calendar day of receipt of the grievance and provide a written response to the inmate/resident. FORMAL GRIEVANCES 1. Filing 23 a. The inmate/resident must file the grievance within five (5) calendar days of the response date listed on the 14-5A Informal Resolution form. b. The 14-5B Inmate/Resident Grievance form must be utilized to file a formal grievance. The inmate/resident will complete Page 1 of the 14-5B and place it in a sealed envelope marked "Grievance". Sealed envelopes may be placed in the grievance mail box. If a grievance mail box is not used. the formal grievance will be forwarded to the Grievance Officer. AT THIS FACILITY, THE PROCEDURE FOR FORWARDING THE GRIEVANCE TO THE GRIEVANCE OFFICER IS: INMATES IN SEGREGATION WILL GIVE THEIR GRIEVANCES TO THE GRIEVANCE OFFICER WHEN SEGREGATION ROUNDS ARE CONDUCTED. GENERAL POPULATION INMATES WILL SUBMIT THEIR GRIEVANCES BY PLACING THEM IN THE GRIEVANCE BOX IN EACH HOUSING UNIT c. The Grievance Officer will check the grievance mail boxes daily, excluding weekends and holidays. If a grievance mailbox is not used, grievances are to be forwarded daily, excluding weekends and holidays. to the Grievance Officer in accordance with the procedures listed above. 2. Time Guidelines a. Unless a time extension has been granted, the inmate/resident will receive a response to the formal grievance within fifteen (15) calendar days of submission. b. The total time for the formal grievance process will be no more than fifty (50) days from filing to a final appeal decision, unless unusual circumstances are present. GRIEVANCES AGAINST CONTRACTING AGENCY AT THIS FACILITY, PROCEDURES FOR FILING A GRIEVANCE AGAINST THE CONTRACTING AGENCY ARE AS FOLLOWS: INONE REMEDIES The informal resolution process and formal grievance process shall afford the inmate/resident the opportunity for meaningful remedy. Remedies shall cover a broad range of reasonable and effective resolutions. Remedies may include the following: 1. Change of procedures or practices appropriately related to the complaint or conditions; 2. Correction of records; or 3. Other remedies, as appropriate. APPEAL PROCESS 1. Filing If an inmate/resident is not satisfied with the decision of a formal or emergency grievance, the inmate/resident may complete the appeal section of the 14-56 and resubmit the grievance. Inmates/residents are entitled to appeal all adverse decisions, even those made on a purely procedural basis including but not limited to the expiration of a time limit. The inmate/resident must file the appeal within five (5) calendar days of the response date listed on the 14-5B Inmate/Resident Grievance form. 2. Resolution a. The Grievance Officer will forward all grievance appeals to the Warden/Administrator for review and a final response. b. Each appeal will be responded to by including a written explanation for approval/disapproval. The response must be documented on Page 2 of the 14-5B and given to the inmate/resident, in person, for signature. Responses may be given to the inmate/resident, in person, by the Warden/Administrator or the 24 Grievance Officer. The inmate/resident will receive a complete copy of the appeal response and any corresponding attachments at the time of presenting the response. c. 3. The Warden/Administrator's decision is final unless otherwise specified in the facility management contract. Time Guidelines Barring extraordinary circumstances, a grievance will be considered settled if the decision at any step is not appealed by the inmate/resident within the given time limit. a. Emergency Grievances The inmate/resident will receive a response to the appeal within seven (7) calendar days of submission. b. Formal Grievances The inmate/resident will receive a response to the appeal within fifteen (15) calendar days of submission. TRANSFERS/RELEASES If a grievance is submitted for review and the inmate/resident is transferred or released from custody, efforts to resolve the grievance will normally continue. It is the inmate/resident's responsibility to notify the Grievance Officer of the pending transfer or release and to provide a forwarding address and any other pertinent information. A copy of the Grievance Policy 14-5 maybe found in the library. XXXII. I. INMATE DRUGIINTOXICANT TESTING Drug/Intoxicant Testing of inmates/residents may be conducted as follows: a. When correctional staff have a reasonable suspicion that an inmate/resident has used unauthorized drugs or int>xicants. b. When the medical staff believe that an inmate/resident may be under the influence of unauthorized drugs or intoxicants or otherwise believe a drUg/intoxicant test is medically appropriate. c. When the inmate/resident is found to be in possession of suspected unauthorized drugs or intoxicants, or when suspected unauthorized drugs or intoxicants are detected or found in an area controlled, occupied or inhabited by the inmate/resident. d. When the inmate/resident is observed to be in possession of or using unauthorized drugs or intoxicants, but correctional staff are unable to obtain a sample of the substance. e. On a random basis, utilizing an appropriate random testing procedure that is approved by the Warden/Administrator, the entire inmate/resident population of the facility, any identifiable program area, or any identifiable classification of inmates/residents may be tested. A random testing program will not be used for the purpose or to have the effect of harassing or intimidating any inmate/resident or group of inmateslresidents. 2. Prisoners who refuse to submit to a drug test will be charged with failure to follow verbal order, refusal to submit to a drug or intoxicant test, and unauthorized use of drug/intoxicants. 3. Refusal to submit to a drug test is a plea of guilty for use of drugs. 4. THE USMS and US Attorney will be notified of refusal. 5. A copy of Policy 9-4 maybe found in the library. 25 XXXIII. COURT APPEARANCES Inmates requested for court appearances by the United States Marshals Service will be called to Receiving and Discharge on the morning of their court appearance. Other than legal papers, NO personal property will be brought to the Receiving and Discharge office on court day. Any legal papers will be reviewed by transporting officers prior to departure in order to verify their content. Unauthorized personal property brought to the Receiving and Discharge office on court day will be confiscated and destroyed. Inmates are not allowed to take shoelaces to court per order of the USMS. xxxv. DEPARTURE FROM THE FACILITY Effective September 20, 1993, inmates will no longer be given prior notification of departure when being transferred from Leavenworth Detention Center. This applies to all transfers. Only the following items may accompanyan inmate on departure: U.S. funds Clothing worn on person (No belts or ties) Eyeglasses Reasonable amount of legal paper (Inmates departing via airlift or BOP bus may only take legal papers if they are moving on a writ and the manifest authorizes legal papers.) Prescription medication Wedding band (plain, no stones) With the understanding that you will NOT be given advance notification of your transfer, it is your responsibility to make appropriate arrangements for the disposition of your property. It is suggested that you keep your accumulation of property to a minimum. CCA will NOT pay to mail any property. Property in your possession at the time of transfer will be DESTROYED. Property will not be stored or held by CCA for any reason when you ale transferred. If you have items in stored property or in your possession in excess of those listed above, you MUST dispose of them prior to being notified of transfer. If you wait until notification of transfer, it will be too late for you to dispose ofyour property. Do not wait until it is too late to dispose of your property. Act now to ensure your property is not destroyed upon your transfer from this facility. 26