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Otter Creek Hi Contract 2008-09

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SCOPE OF SERVICES

Attachment 1

DEFINITIONS UNLESS THE CONTEXT OTHERWiSE REQUIRED

ACA
Provider

means
means

CCA
means
CCA Policy means

Facility
Inmate
LSI-R
PSD
State

means
means
means
means
means

American Correctional Association.
An organization or individual contracted by the agency to
provide health or human services.
Corrections Corporation of America
CCA's policies and procedures as current at the time and as
applicable to the particular facility where the inmates are
housed. Provider shall have the ability to amend its policies in
accordance with best correctional practices and changes in
ACA standards and applicable law. Policy numbering and
formatting may change, following the commencement of the
contract, but the Provider shall always maintain policies to
address the same operational areas and serJices. In no event
shall the Provider modify its policy to decrease the level of
service required herein.
Provider shall submit electronic
copies of all modified or new policies to the State as soon as
practicable.
CCA Otter Creek Correctional Center
State of Hawaii Inmates.
Level of Services Inventory-Revised.
Department of Public Safety.
State of Hawaii.

2.

The Provider agrees to perform those services described in the "Request for Proposals",
RFP Number PSD 08-ID/MB-24, A Multi-Custody Level Correctional Facility for the
Confinement, Care and Custody of Hawaii Female Offenders, dated May 27, 2008, the
Provider's Proposal submitted on August 4, 2008, and the Providers Final Revised
Proposal dated October 10, 2008.

3.

Provider shall place inmates in housing arrangements as appropriate for their
classification and in accordance with management, programming and security concerns.
On or before transfer of inmates to Provider, Hawaii shall advise Provider of known
predatory and other behavioral issues and any other information relevant to the
Provider shall consider this input from the State in
placement of the inmates.
determining housing arrangements. Inmates shall initially be placed in cells until a
housing determination is made. The parties understand and agree that certain
programming requires participating inmates to reside in the same dorm. Commingling of
inmates from different jurisdictions shall be permitted, but in no event shall inmates from
different jurisdictions be housed in the same cell.
Except for those Inmates in the Residential Drug Abuse Program, all Inmates shall
reside in a cell-housing unit. Inmates in the Residential Drug Abuse Program may be
housed in a dormitory settirg. Inmates shall not be placed in the same cell as an inmate
frcm another state.
The State shall Identify inmates proposed for transfer to the facility. For each inmate
proposed, all records Including classification and conduct records shall be made
available for the Provider's review and seleotion to ensure the appropriateness of each
inmate's custody level and cffenses in aocordance
any State
requirements
to the
of transfeL
,L,G Form 103F (9/06)

1

of Services

SCOPE OF SERVICES

Attachment 1

each inmate proposed tor
by
State, the State shall provide appropriate
medical Information to the Provider prior to the transfer of an inmate that includes
certification of tuberculosis screening or treatment and Information regarding medication
prescribed for each inmate.
For each inmate transferred, the State shaH provide the foHowing:
a) Duplicate inmate institutional file that includes the inmate's case history, formal
misconduct reports, judicial and administrative judgments and orders pertinent to the
inmate, Mittimus and Judgment, Notice and Order Fixing Minimum Term(s) of
imprisonment and aH information relating to the sentence(s) for which the inmate is
confined to be provided within 30 days after transfer;
b) Duplicate inmate medical record to be provided within 30 days after transfer;
c) Health Care Discharge Summary that summarizes the inmate's
psychological, medical and clinical history on the day of transfer;

physical,

d) Inmate Classification Score sheet that objectively reflects custody level on the day of
transfer; and
e) Identification data, including photographs, and fingerprints.

4.

The State shaH be responsible for the cost of transporting Inmates to and from Hawaii:
a) The "return to the State from the Provider" shaH mean the moment the inmate exits
the aircraft at the Honolulu International Airport or any other location determined by
the State and is accepted into the custody of Its officials. The State shaH have the
option of providing transportation itself, or It may request that the Provider submits a
proposal for the transportation. If the State approves the proposal, it shaH reimburse
the Provider for the cost of the transportation;
b) Notwithstanding the foregoing, transportation costs related to the transfer of Inmates
between the Provider's facilities shaH be the Provider's responsibility;
c) The Provider shaH be responsible for the cost of local transportation of the Inmate
while assigned to the facility;
d) The Provider shall surrender any Inmate to proper State officials within 30 calendar
days after demand made to the Provider and upon presentation of official written
authority to receive inmate(s). The State shall accept custody of Inmate(s) at
Honolulu International Airport, or any other mutually agreed upon location, The State
shaH pay for aH transportation costs associated with any request pursuant to this
paragraph by the State for the return of any Inmate;
e) In the event that the Provider requests that an Inmate be returned to the State, the
Provider shall then be responsible for the cost of transportation for the return of those
Inmates to the State;

Page 2

AG Form 103F
Scope of Services

SCOPE OF SERVICES
f)

Attachment 1

In the event that an Inmate needs to return to
State for a
conditions caused by negiigence or wiilful action on the part of the Provider or any of
its agents or employees, the Provider shall then be responsible for the cost of
transportation for the return of those Inmates to the State: and

g) All Inmates confined pursuant to the terms of this contract shall be released within
the State, The Provider shall not release any Inmate from custody, If an Inmate's
sentence is expired, the State shall make arrangements to transport the Inmate(s) to
the Honolulu International Airport and the State shall pay all transportation costs
associated with the return,
5,

Provider shall, in a satisfactory and proper manner as determined by the PSD, and in
accordance with the terms and conditions of this Contract, provide and perform the
follOWing inmate services unless waived by the PSD in specific individual cases:
a) Clothing and Supplies. The Provider shall provide appropriate clothing and
supplies to each Inmate that includes three (3) sets of outerwear and underwear,
inclUding both standard and cold weather clothing, and shoes in accordance with
CCA Policy 14-6 (Inmate/Resident Property, dated 3/14/07), Torn or damaged
clothing shall be exchanged on a one-for-one basis as needed according to a posted
schedule, Special clothing or equipment for food service, maintenance, outside
workers, and any other special work shall be made available as needed, Inmates
shall be limited to wearing facility-issued clothing including clothing items approved
and sold in commissary,
Supplies include personal hygiene items and towels, bed linen, and blankets, which
adequately meet Inmates' needs, Personal hygiene items shall include soap/AII-inOne, toothbrush, toothpaste, disposable razors, feminine sanitary products, toilet
paper and deodorant All inmates shall be issued two (2) clean sheets, two (2)
towels, one (1) pillowcase, one (1) pillow, one (1) mattress and one (1) blanket
Regular bedding issue/exchange shall be in compliance with CCA Policy 14-6 and
ACA Standards, Blankets, pillows, and mattresses will be cleaned and sanitized
before reissue, Blankets will be exchanged monthly or as needed,
b) Laundry Services. The Provider shall ensure that Inmates are issued clean
clothing, towels and bed linen in compliance with ACA Standards, Services shall be
provided weekly according to a posted schedule for both clothing and bed linens,
Towels may be exchanged through Property on a weekly basis,
c) Inmate Property. The Provider may specify personal property items Inmates may
possess in accordance to CCA Policy 14-6 (Inmate/Resident Property, dated
3/14/07) to better utilize the limited space in living quarters and to more effectively
facilitate security searches and eliminate contraband issues, Each Inmate shall be
provided a securable storage bin for storing her allowable personal property for
which she shall be responsible for safely securing in the storage area provided, Ail
Inmates shall sign the property disclaimer form stating that all their personal property
is accounted for and they understand the property procedures.
Inmate property lost or damaged when in the control of the Provider shall be the sole
responsibility cf the Provider,
P<~G

3

Form 1Q3F
Scope of SerVices

SCOPE OF SERVICES

Attachment 1

d) Food Service. Food service shall be in accordance with the
States
Department of Agriculture, Dietary Guidelines, 2005, based upon the average age
and weight of the Inmate population, A Registered Dietitian or Nutritionist shall
approve all menus, and meals shall be prepared in compliance with the approved
menus, The menu shall include fresh or canned fruit once a week and shall provide
rice as a daily food staple, For purposes of this paragraph, "canned fruit" shall mean
unsweetened canned fruit or fruit canned in its own juices, The Provider shall
provide special meals to meet medical or religious requirements. Medical diets shall
meet the nutritional requirements as prescribed by a medical physician and shall be
maintained using an electronic record and tracked for compliance pursuant to CCA
Policy 13-85 (Therapeutic Diets, dated 5/5/08), Religious diets shall meet the
nutritional requirements and served as directed by the facility Chaplain pursuant to
CCA Policy 11-1 (Food Service Operations, dated 12/21/07).
The Provider shall abide by applicable laws, rules and recognized health standards
relating to the sanitation of food preparation, storage and serving areas.
e) Inmate Commissary. A commissary shall be available to Inmates for purchase of
non-essential items not furnished by the Facility, such as soft drinks, candy and
personal items. Items sold in the commissary shall not be sold as a substitute for the
Facility's obligation to furnish supplies and materials that are essential to Inmates.
Revenues from commissary saies will be used to pay all operating expenses of the
commissary, including but not limited to inventory purchase and commissary worker
salaries and benefits. Profits earned on commissary items wil! be used to benefit
persons housed at the Facility. The Provider may deny an Inmate access to the
commissary or to any item sold in the commissary for disciplinary or medical
reasons.
f)

Recreation. Recreational programs (equipment, facilities and supplies) include both
indoor and outdoor leisure time activities on a daily basis for the inmates in
accordance with Facility design. During inclement weather, a like period of time
indoors shall be allotted. Opportunities for daily exercise and constructive leisure
time shall be provided in accordance to CCA Policy 20-105 (Recreational Programs,
dated 8/1/05) and ACA Standards.

g) Library Services. A comprehensive library with materials selected to meet the
educational, informational and recreational needs of inmates and staff shall be
provided. The library shall operate in compliance with eeA Policy 20-104 (Library
Service, dated 3/23/04) and ACA Standards to provide access during hours, which
facilitate access by all Inmates. Routine library hours shall allow for general
population access seven (7) days a week from 7:30 a.m. to 6:30 p.m. (SUbject to
change as facility requirements and lor standards and policy dictate), provided that
access by housing units may be rotated within these hours. Library hours may be
extended andlor modified as needed to meet ACA standards.
h) Video Visitation Conferencing. The Provider shall provide physical space.
equipment and supervision at its sole cost to permit video conferencing by the use of
video teleconference equipment that is compatible with the equipment currently
being used by the State. Inmates shall use such equipment for regular visits with
family members, which shall be scheduled and approved by the PSD's Mainland &
AG Form 103F

4

SCOPE OF SERVICES
FOC Rrimr:'"
si:hE!dules shall
agreed upon time on Saturdays.

i)

Attachment 1

in four

blOCkS

at a

Visits. The Provider shall ensure space is available for all inmates to have access to
visitation. Restrictions may be placed on the number of visitors allowed each inmate
in accordance to CCA Policy 16-2 (Visitation. dated 12/7107) and ACA Standards.
Special visits shall be allowed but require prior approval from the Warden/Designee.
Special visits include pastoral. legal and those traveling 300 miles or more. Noncontact visits shall be conducted when meeting the established security criteria.

j)

Grievance Procedures. Inmates shall be provided access to an impartial and nondiscriminatory grievance procedure in accordance with CCA Policy 14-5
(InmatelResident Grievance Procedures, dated 5/4/07), ACA Standards, and federal
gUidelines established under 42 U.S.C. Section 1997. The grievance process shall
include:
i)

An encouragement that the Inmate seek informal resolution of the grievance or
complaint before using the formal procedure;

ii) Ready access to forms necessary for filing grievances;
iii) Consideration of the grievance by an impartial party;
iv) Means to ensure that grievances are kept confidential;
v) Avenues for appeal of decisions; and
Vi) Time limits for filing a formal grievance, responding to a grievance and appealing
a decision.
The Provider shall resolve grievances pertaining to the operation of the Facility.
Grievances pertaining to the placement of Inmates at the Facility shall be resolved by
the State.
Grievance records are considered confidential and will not be available to employees
or inmates, except for clerical processing of records by the Provider or at the State's
request to inspect all records and documents pertaining to grievances as part of the
operation review process or in the event of an investigation. Employees participating
in the disposition of a grievance shall have access to records essential to the
resolution of the grievance.
k.

Access to Courts. The Provider shall make all legal material provided by the State
accessible to the inmate population, including the Hawaii Revised Statutes, Hawaii
Reports and other legal materials.
All access shall be consistent with the
requirements of the U.S. Constitution and the Hawaii Constitution. The State shall
provide the first set of materials and all supplements and updates of the Hawaii
specific legal reference materials in CD-ROM or other format acceptable by the
Facility. If the initial set of materials is lost or destroyed, the Provider shall provide
the replacement

Page 5

Scope of Services

SCOPE OF SERVICES

Attachment 1

The law library shall be open seven days a week at variabie hours in accordance
with ACA Standards 4-4276 and 4-4510. Library hours shall be extended and/or
modified as needed to meet ACA standards. Inmates shall have a minimum of 3hour access per week with the possibility of 3 additional hours per inmate depending
on scheduling and availability. Inmate legal aides shall be available to offer legal
assistance in addition to the regular library services provided however, Inmates do
not have a constitutional right to help other inmates with lawsuits as referenced in
CCA Policy 14-8 (Access to Courts,
8/1/05).
Duplicate copies of pleadings and legal documents to be flied in court are the
financial responsibility of the Inmate. The Provider shall provide ali Inmates, upon
request access to paper and other supplies and services to contact legal counselor
representatives, courts, and other persons concerning legal matters.
i)

Parole Hearings. On-site facilities shall be made available for any parole
hearing conducted by the Hawaii Paroling Authority to which an inmate may be a
participant. At the request and sole expense to the State of Hawaii, the Provider
shall provide telephonic access for such hearings before the Hawaii Paroling
Authority.

ii) Court Hearings and Appearances. On-site facilities shall be made for any
hearing ordered and conducted by the state or federal courts in which an Inmate
may be made available by telephone. A private room, a writing table, a chair for
each participant and teleconferencing equipment shall be made available. At the
request and sole expense to the State, the Provider shall provide telephonic
access for such hearings before the courts.

I.

Security and Control.
All security/control and operating plans shall be in
accordance with CCA Policies Chapter 9-10 (Security and Control, Special
Management Inmates) and ACA Standards. Operating plans shall conform to the
staffing requirements set forth in paragraph 31 (b) and gender posting measures as
mutually agreed between the parties. The State's approval of Provider's proposed
gender posting measures shall not be unreasonably withheld. The goal of such
operating plans shall be to prevent escapes, disturbances, and other security
breaches and to assure the safety of inmates, staff and visitors.
At a minimum the Warden and Chief of Security shall make dally rounds throughout
the Facility. In the event that they are not available, either the Assistant Warden or
the Administrative Duty Officer shall make dally rounds.
The Facility shall follow its procedures and management agreements with the local
county and law enforcement agency in responding to emergency evacuations,
riots/disturbances, escapes, criminal activities by Inmates and/or staff, and Inmate
deaths. The Provider shali be responsible for any costs charged by the county and
law enforcement agency responding to any incident or emergency.
The Provider and its Facility shall make diligent efforts to prosecute Inmates who are
alleged to commit crimes while in the Facility.

Page 6

AG Form 103F
Scope of Services

SCOPE OF SERVICES

Attachment 1

mo Use of Force.
GGA
/22/On which governs the use of force against inmateso This policy shail comply
with federal and state laws and ACA Standardso
i)

Facility staff training shall be provided in accordance with this policy;

ii) Reasonable force may be used as required and as authorized under this policy;
and
iii) In the event there is a use of force involVing an inmate, the facility shall notify the
PSD's Mainland & FDC Branch by telephone and facsimile and a complete
written investigative report shall be mailed to the PSD's Mainland & FDC Brancho
The timing of such notifications and reports shall be governed by the priority level
of the incident, as defined by CCA Policy 5-1 (Incident Reports, dated 1/5/0n
no Discipline. Inmates shall be subject to the rules and regUlations of the Facility in
accordance with eCA Policy 15-1 (Offense and Penalty Code, dated 11/30/06),
federal and state laws, and ACA Standards to ensure that due process rights are
afforded to the Inmate and that the penalty imposed is fair, impartially given and
appropriate for the offense, provided:
i)

The disciplinary action is reasonable and proportionate in relation to the violation;

ii) The action taken is impartial and non-discriminatory;
iii) The action is neither arbitrary nor retaliatory;
iV) The discipline is not physically abusive; and
v) Disciplinary segregation shall not exceed 60 days for anyone incident without
the prior approval of the PSD's Mainland & FDC Branch Administrator; and the
PSD's Mainland & FDC Branch Administrator shall review such disciplinary
action every 30 days once it has been imposedo
All misconduct or disciplinary hearing reports shall prOVide accurate, detailed
information on the actions against the Inmate including its final disposition and
mailed to the PSD's Mainland & FDC Branch at the end of each montho Copies of
overturned disciplinary appeals shall also be mailed to the PSD's Mainland & FDC
Branch at the end of the month.
00

Urinalysis Program. All Inmates shall be required to participate in suspect and
random urinalysis at the minimum of 10% of the total popUlation. The Facility
urinalysis program with the exception of the minimum testing reqUirement shall be in
accordance with CCA Policy 9-4 (Drug/Intoxicant Testing Program, dated 8/1/05).
Ali positive results for unauthorized drugs shall be reported as soon as reasonably
practicable but in no event later than 24 hours after test results are received to the
PSD's Mainland & FOC Branoho The Provider shall be responsible for the cost of
urinalysis.

00

Transfer and Use of Inmate Funds.
credited to
Inmate Trust Accounts
Page 7

Personal furds of the Inmates shall be
dai)!e,IRE,stroict,::d) by the
In
AG Form 103F W;OG)
of SerVices

SCOPE OF SERVICES

Attachment 1

accordance with all applicable federal, state and county laws, ordinances, rules and
to, Sections 353-20, 353-21, 353-22, 353-22.6,
regulations including, but not
and 353-22.8, Hawaii Revised Statutes and PSD COR02.12. (Inmate Trust
Accounts, effective 7/28/99). Access to restricted accounts requires the approval of
the PSD's Mainland & FDC Branch.
Inmates are not allowed to maintain interest-bearing accounts out-of-state. The PSD
has an agreement with a bank(s) within the State to open and maintain interestbearing savings accounts for Inmates through the Women's Community Correctional
Center's Business Office. Accounts are opened in the name of the PSD as trustee
for an individual inmate's savings fund and controlled by the PSD.
Upon return of the Inmate or death of the Inmate, the Facility shall provide the funds
in the amount then due to the Inmate at the time of return. In the event that an
Inmate is released to the custody of an authorized representative of the State, the
Facility shall provide the information necessary for the State to make a determination
regarding the distribution of the Inmate's funds.
q. Restitution Payments. The PSD is required by Section 353-22.6, Hawaii Revised
Statutes, to enforce victim restitution orders through a ten percent (10%) deduction
from Inmate wages. In conjunction with the State's Crime Victim Compensation
Commission (CVCC), the PSD has agreed to deduct restitution amounts from
Inmate's wages and forward these funds to the CVCC. The PSD's Mainland & FDC
Branch will send appropriate restitution payment forms to the facility for monthly
collections.
r.

Telephone Costs and Services. Inmates at the Facility shall be charged a $3.00
connect fee and $0.45 per minute for phone service. Increases in price, based on
increased actual cost, are subject to the State's approval, said approval not to be
unreasonably withheld. All inmate telephone calls with the exception of legal phone
calls are subject to electronic monitoring by the Provider's Facility and the State.

s.

DNA Testing Program. Bucal swabs shall be taken from all Inmates identified by
PSD pursuant to Act 112, Session Laws of Hawaii, 2005. If an Inmate refuses to
participate, the Provider shall submit the names of those Inmates to PSD's Mainland
& FDC Branch Administrator. The State shall provide all testing kits.

PROGRAM & SERVICE ACTIVITIES

6.

The Provider shall provide Inmates with care, education, training, programming,
employment and treatment as proVided for in this Contract, including, but not limited to,
furnishing Inmates with subsistence and all necessary routine medical care; prOViding for
Inmates' physical needs; providing programs, training and treatment consistent with
individual needs, and classification and programming recommendations as identified by
the State and contained in Inmate information required pursuant to this Contract;
retaining Inmates in safe, supervised custody; maintaining proper discipline and control;
ensuring the execution of sentences and orders issued by the committing court in the
State; and providing Inmates with access to the courts as provided in Scope of Services,
Section 4, Subsection k.

Page 8

AG Form 103F
Scope of Servtces

SCOPE OF SERVICES

Attachment 1

for
the
of the cOIwlic!lritl
The State
that it is
or sentence imposed by a State court upon an Inmate housed by Provider pursuant to
this Contract The State acknowledges that Provider, and its agents, officers and
employees, played no role in any conviction or sentence imposed by a State court upon
any Inmate housed by Provider pursuant to this Contract
7,

While in the custody of the Provider, Inmates shall be subject to all provisions of laws
and regulations applicable to persons who commit violations of the laws of the State of
Kentucky, Floyd County and the State which are not inconsistent with any constitutional
provisions or sentences imposed, except as specifically provided herein to the contrary.
In accordance with Kentucky Revised Statute 197.510, the Facility shall report all
suspected felonies to the Kentucky State Police for investigation. In addition, the Facility
shall also report any crime committed by an employee in the course and scope of that
employee's work, any crime committed on the grounds of the Facility, and any sex
offense, drug offense, or violent offense by an employee wherever committed to an
appropriate law enforcement agency, provided that the Facility has evidence-based,
reasonable suspicion of the crime or offense.

8.

All Inmates shall be confined and treated in a facility which:
a. Provides a level of program activity for the Inmate that is suitable to allow every
Inmate in general population who meet the relevant criteria to participate in
meaningful educational, vocational training, drug and other treatment and counseling
programs; and
b. Does so in a manner that meets and does not violate any rights provided under the
laws and Constitution of the United States or of the States of Hawaii and Kentucky.
All admitting and booking of each Inmate shall be the responsibility of the receiving
Facility.

9.

The Provider's Facility shall submit an Admission's Summary to the PSO's Mainland &
FOC Branch within 30 days after the transfer of an inmate to the Provider. The
Summary shall outline the Inmate's custody level; housing assignment; work
assignment; and medical, mental health, education, vocational, and treatment findings,
and indicate the institutional programs in which the Inmate is recommended to
participate.

10.

Educational ability assessments (Test of Adult Basic Education - TABE) shall be
conducted by the Provider's Facility to identify each Inmate's current educational
requirements. Education programs shall include:
a. Adult Basic Education I (Foundations: Grade Levels 0-3.9);
b. Adult Basic Education II (Literacy: Grade Levels 4.0-5.9):
c. Adult Basic Education III (Pre GEO: Grade Levels 6.0-7.4):
d. Adult Basic Education !V (GED: Grade LeveJs 7.5 and above); and

9

SCOPE OF SERVICES

Attachment 1

e. Literacy/ESL (Foundations: Teaching English and Basic Literacy).
For Inmates who have obtained a GED or high school diploma, the Provider shall
provide opportunities to earn college credits by examination under the DANTES Subject
Standardized Test (DSST). Costs associated with post secondary programs and college
credit by examination shall be borne by the inmate. Subject areas include: Mathematics,
Social Sciences, Business, Physical Science and Humanities. Sixteen colleges and
universities in Hawaii have reported as accepting DSST scores for college credits.
11.

Inmates shall have the opportunity to participate in job readiness and vocational training
programs designed to enhance employment opportunities after release from
incarceration. Provider shall offer a minimum of four vocational programs at any given
time. Provider shall have the option to change the selection of programming offered,
subject to PSD'S approval, said approval not to be unreasonably withheld. At the time of
execution of this Agreement, vocational programming offered at the Facility and
approved by PSD includes Standardized Craft Training - Carpentry, Construction
Management, Microsoft Office Specialist (MOS) Preparation, Horticulture &
Landscaping. Inmates shali be afforded equivalent access to vocational programming
opportunities as inmates from ather jurisdictions.

12.

The Provider shall provide female-oriented program opportunities such as cognitive
skills/life development, parenting, abuse prevention programs and self-help educational
programs. Programs shall include:
a. Breaking Barriers;
b. Anger Management;
c. Prison to the Streets
d. Domestic Violence Prevention Program;
e. Time Out for Me (Sexual Responsibility ModUle); and
f.

Partners in Parenting;

13.

The Provider may provide a distance-learning alternative via interactive, satellite
broadcast classes provided by the Corrections Learning Network (CLN).

14.

Within 30 days after receiving a request from a qualified Inmate, the Provider shali place
the qualified Inmate on the appropriate register for assignment in the applicable
substance abuse treatment program on a space available basis. Provider shall ensure
that qualified inmates are admitted to the program in a manner sufficiently timely to allow
completion of the program prior to their parole date. At a minimum, Provider shall make
space available in the Residential Drug Abuse Program for thirty percent (30%) of the
Hawaii inmate population at the Facility. The appropriate level of substance abuse
treatment shall be based upon the results of the substance abuse assessment, the initial
LSI-R and the Adult Substance Abuse Survey (ASAS). The State shall provide the
Facility with the results of the substance abuse assessments. The Provider shall comply
with
of
PSD's
Abuse
and
Abuse Treatment
as
10

AG Form 103F
Scope of Serv\ces

SCOPE OF SERVICES

Attachment 1

B and
All counselors
in the substance abuse area shall
certified
or licensed as substance abuse counselors by the State Certification or Licensure
Board. The Provider shall provide substance abuse counselors with lSI-R training at no
cost to the State.

The Facility shall reserve the right to deny any Inmate participation in a treatment
program on the basis of the inmate's general conduct in the Facility, level of participation
in prerequisite programs, or level of interest In such programs. The Facility may
terminate an Inmate from the treatment program for good cause. The Facility shall
provide the following programs:
a. Assessment Services. Assessments shall be consistent with all requirements of
the PSD's substance abuse policy, PSD COR.14.26 (Offender Assessment
Protocols, dated 4/1/04), Attachment 1, Appendix 8;
b. Substance Abuse Education and Counseling Program.
Designed to address
skill improvement areas, emotional and psychological issues, criminal behavior,
incarceration and recidivism and positively motivate an inmate to live an alcohol,
drug and crime-free lifestyle upon return to their free-world communities;
c.

Substance Abuse Outpatient (Formerly Level II). A 20-33 week Intensive
cognitive behavioral program in an outpatient environment to help motivate an
inmate to improve the quality of life and reduce the chance of re-offending by utilizing
The Provider shall comply with all
the skills developed while in treatment.
requirements of the PSD's Substance Abuse Outpatient Program (Formerly Level iI)
as contained in Attachment 1, Appendix 8; and

d. Residential Drug Abuse Program - RDAP (Formerly Level Ill). A 9-15 month,
Level Ill, comprehensive, intensive separate unit-based therapeutic community
program based on ACA's best practices' award for cognitive-behavioral models of
intervention.
The Provider shall comply with all requirements of the PSD's
Residential Substance Abuse Treatment Services (Formerly Level Iii) as contained
in Attachment 1, AppendiX C. The ratio of direct service treatment staff to participants
shall not exceed 1:30 ratio.
15.

Religious Programs, Chaplainry Services and Religious diets shall be in accordance with
CCA Policy 20-101 (Religious Services, dated 8/1/05) and ACA Standards. The weekly
religious and chaplainry services provided by the Chaplain and religious volunteers shall
be provided seven (7) days a week, once daily. The weekly religious programs/services
shall be available to all Inmates assigned to the Facility and all scheduled religious
activities shall be posted in common areas. Religious diets shall meet the nutritional
requirements and served as directed by the Facility Chaplain.

16.

Custody Reclassification. Classification on inmates shall not be reduced or increased
unless mutually agreed to by the State of Hawaii and the facility staff, and consistent
with the policies and procedures of both parties (CCA Policy 18-1/Form18-18. revised
9/15106 and PSD CORR.18.01/No. 2000-1061, revised 2/12/00) and the State of
Kentucky (CPP.18.1, effective 8/31/07).
Each Inmate shall be considered for
reclassification annually by the facility Classification Officer.

Page

of SerVices

SCOPE OF SERVICES
17.

Attachment 1

The Provider's Facility shall provide sufficient workline opportunities to allow every
inmate in genera! population who meet the relevant criteria to participate in vocational,
industrial and other work programs in accordance with CCA Policy 19-100, (Inmate
Employment System, dated 12/7/07) and ACA Standards. Inmates may be required to
work, when ordered to do so by the Facility. However nothing contained herein shall be
construed to permit or require Inmates to participate in any training, education, industrial,
or other program contrary to the laws of the State:
a. Inmates shall not be eligible for furloughs or participation in any community work
release program. Landscaping Worklines outside of the perimeter fences shall need
prior approval by the PSD's Mainland & FDC Branch Administrator;
b. At any given time, at least two-thirds of the Inmates who meet the relevant criteria to
participate in vocational, industrial or other work programs in accordance with ACA
Standards shall hold full-time jobs. A full-time job is defined as a job requiring at
least six (6) hours of work per day for five (5) days per week. (The 6 hours per day
may be spent in the actual full-time job or in other vocational, education or in
industrial training sessions.);
c. Inmate labor may be used for Facility operations and maintenance. However, the
Provider or any of its subcontractors or agents shall not personally benefit from the
labor of any Inmate, and no Inmate shall be placed in a position of authority over
another Inmate;
d. Inmates assigned to jobs shall receive pay equal to the pay amount at which the
Provider compensates Inmates at the Saguaro Correctional Center. The State shall
reimburse the Provider for Inmate pay, which amount shall be included as a separate
item on the monthly invoice. The State reserves the right to limit the number of
hours worked for any future month. Inmates shall not be entitled to any worker's
compensation benefits under Chapter 386, Hawaii Revised Statutes, nor shall its
Inmates be considered to be an employee of the State or the Provider;
e. In the case of handicraft or hobby craft programs, Inmates shall have the right to
dispose of the products of their labor and to retain a portion of the proceeds on any
sale of their work in accordance with the laws and rules of the State of Kentucky, and
the Provider;
f.

Except as provided in Item e above, the Facility shall have the right to dispose of all
products produced by the Inmates and may retain all proceeds therefrom, and shall
bear all costs of the program; and

g. Goods and services produced as a result of an Inmate's participation in a
correctional industries program shall be disposed of by the Provider in accordance
with federal laws and the laws of the State of Kentucky, and the State. Inmates who
participate in correctional industries programs shall be subject to wage deductions
specified in sections 354D-12 and 354D-13 of the Hawaii Revised Statutes.
Neither subsection e or subsection f shall be construed as a requirement that CCA
implement the type of programs referenced.

Page 12

AG Form 103F
Scope of Services

SCOPE OF SERVICES
8,

Attachment 1

The
shall provide
menta!
and
services in accordance
with the iaws of the State, the laws of the State of Kentucky; the e.merican Correctional
Association Standards for Adult Correctional Institutions, Fourth Edition, and its
Supplements; and the National Commission on Correctional Health Care StandardsPrison Edition, 2003, and Its updates and supplements. In the event of any conflict
between standards, codes or laws, the more restrictive shall apply.
The Provider shall prOVide routine medical services to Inmates at no additional cost to
the State (unless otherwise prOVided), and additional health care provided at either the
State's or the Inmate's expense, including the following;
The Provider shall employ licensed health care staff inclUding physicians, nurse
practitioners, and physician assistants, overseen by a Health Services Administrator,
who in conjunction with the appropriate care provider, shall have final responsibility for
clinical decisions. The Provider shall provide the staffing levels and hours of service for
a total of forty-four (44) medical provider hours and forty-four (44) mental health hours
weekly.

19.

Routine medical services shall include;
a. Primary care serJices including daily sick call to general and lockdown populations,
Clinical delivery of care shall be timely and appropriate to the acuity of the patient,
but not to exceed 3 days;
b. Nursing services shall be prOVided by licensed nurses who are trained in correctional
health care. Services shall include nurse rounds/sick calls, nurse clinics, pill call,
emergency response, and oversight of medical observation and lockdown areas;
c.

Chronic care management system is where all patients with a chronic disease such
as diabetes, hypertension, or asthma are enrolled into a chronic care treatment
program on intake or when diagnosed. These patients will be followed up by a
health care professional recommended by the attending physician based on the
severity of the inmate's condition and the treatment plan. Provided however, in no
event shall such fcliow-ups be less than once every six months. The chronic care
program treatment schedule will include disease-appropriate screening/testing,
examinations and inmate education;

d. Medical and specialty care, such as podiatrists, physical therapists, and
dermatologists shall be provided utilizing community specialists. Whenever possible,
specialist's services shall be prOVided on-site;

e.
v;hen necessary shall be provided:
f.

Routine diagncstic procedures including. but not limited to, multistix urinalysis.
tests,
glucose
tests
such
as
Accuchecks.
phiebotomy.
hemoccult
electrocardiograms, visual acuity screening tests, annual cholesterol screening
beginning at age 35, annual diabetes screening beginning at age 45 and annual
fecal occult blood screening at age 50 years, and any other diagnostic screening
be neriormE,d nr,-srie
tests commonly used in identifying or preventing iiinesses
F.G

Page 13

{9/0B}

Scope of Ser-Jices

SCOPE OF SERVICES

Attachment 1

under a CliA (Clinical Laboratory Improvement Amendments) waiver certificate.
Results shall be documented in the inmate's medical record;
g. Radiology services, fixed and/or mobile;
h. Annual health appraisal for each Inmate over the age of 50 will include a breast
examination mammography and a pap smear (for those patients with a cervix);
I.

Health appraisal at least once every 2 years for each
less than 50 years old,
including a breast examination. Pelvic and pap screenings need to be annual (for
those patients with a cervix);

j.

Physical medicine, physical therapy services, speech therapy, and occupational
therapy shall be provided as necessary;

k.

Infection control program shall be provided to aggressively monitor such things as
MRSA (Methicillin-resistant Staphylococcus Aureus) and TS (Tuberculosis).
Monitoring shall be initially conducted at intake, during annual physicals and as
indicted during sick calls;

I.

Immunizations: Hepatitis S, Tetanus/Diptheria as needed at least every 10 years,
and Hepatitis A, influenza, and Pneumo-Vac vaccines per PSD gUidelines;

m. Hepatitis C treatment consistent with the State's Treatment Guidelines, except that
the cost of Hepatitis C related medication shall be reimbursed by the State;
n. Prescription medication, except as to the cost of AIDS/HIV and Hepatitis C related
medication, which shall be reimbursed by the State. Over-the-counter medications
are available for inmates to purohase through the oommissary;
o. Medical prostheses shall not be required care by the Provider unless paid for by the
Inmate;
p. Mortality and peer reviews shall be performed both at the Facility and the Provider's
corporate office; and
q. Durable medical equipment and supplies shall be provided as necessary.
r.

Optometric care shall include annual eye examinations for Inmates with chronic
diseases such as diabetes that may affect vision, and at least once every 2 years for
Inmates with prescriptions greater than 20/50 in one or both eyes. If an Inmate with
visual acuity 20/50 or worse does not have sufficient funds to pay for corrective
eyeglasses, the Provider shall be expected to provide the eyeglasses at the State's
expense provided that the State approves of the purchase and the Inmate agrees in
writing to reimburse the State for the cost.

s.

Dental Services shall include:
i)

Emergency dental treatment;

il) Amalgam and composite restorations
AG Form 103F

Page 14

Scope of Serv:rces

SCOPE OF SERVICES

Attachment 1

Root canal treatment on anterior teeth that are restorable:
iv} All necessary extractions including soft tissue and partial bony impaction;
v} Maxillary and mandibular removal partial dentures when necessary for proper
masticulation (Inmate to pay for the appliance);
vi) Oral prophylaxis;
vii) X-rays; and
viii) Oral surgery specialty outpatient care, including but not limited to extractions,
biopsies, treatment of fractured jaws, and other surgical procedures.
t.

Mental health care shall be provided by mental health professionals (40 hours MS
Mental Health Coordinator and 4 hours Psychiatrist weekly). Mental health services
shall include:
I)

Mental health screening and evaluation for major mental conditions or illnesses
upon intake;

ii)

Psychotropic medication as necessary;

iii) Evaluations for pre-segregation, periodic segregation evaluations, and on-going
as clinically indicated;

iv} Suicide prevention and monitoring;
v) Treatment team meetings with the development of a treatment plan for seriously
mentally ill; and
vi) Tele-psych services.
20.

The Provider shall exercise conservative care before recommending outside treatment
or hospitalization. Except in bona fide emergencies, the Provider shall obtain prior
written approval from the PSD's Health Care Division before an Inmate is scheduled for
hospitalization or other treatment outside of the facility. The Provider shall inform the
PSD's Health Care Division the nature of the illness or condition, a recommended
course of treatment, and the estimated cost of the treatment. The State may authorize
the treatment as recommended, or return the Inmate to the State, at its own expense, for
the treatment. In the absence of a bona fide emergency, the State shall not be
responsible for the costs of outside treatment undertaken without the State's prior written
approval. An Inmate's stay In a hospital shall not exceed the usual and customary length
of stay for the condition, unless there are documented complications requiring continued
treatment in a hospital setting.

21.

Emergency Care is defined as a situation in which there is a sudden and unforeseen
onset of a condition or symptom that is potentially threatening to life, limb or important
bodily function, such as eyesight. To qualify as a medical emergency, care must begin
im:med;,ltei'y after
onset of the condition or svrnntnm
AG Ferm 103F (9/06)

Page 15

Scope of SerJices

SCOPE OF SERVICES

Attachment 1

The Provider may make appropriate arrangements for emergency care prior to obtaining
approval from the PSD's Health Care Division, The Provider shall provide notification to
the State of the emergency on the day the emergency occurs, Where possible, the
Provider shall arrange for emergency care at a state or county operated medical facility,
or at a medical facility known within the community to charge reasonable rates.
The Provider shall be responsible for ail transportation and security for ail neoessary
local offsite hospital or medical care.
22.

The Provider shall not be responsible for the oost of medication or regimens specifically
aimed at the treatment of conditions associated with Acquired Immune Deficiency
Syndrome (AIDS) and Hepatitis C. The Provider shall follow the State's protocols for the
treatment of Hepatitis C and the State shall be responsible to reimburse the Provider for
such costs for the Provider following the State's Hepatitis C protocol. Otherwise, the
Provider shall proVide routine medical care for any Inmates who have AIDS or are HIV
positive or have Hepatitis C.

23.

The State wili not approve payment for elective care, cosmetic treatment, or procedures
primarily for the convenience of the Inmate, experimental procedures, and any
procedures not normally covered by standard health insurance plans.

24.

The Provider may assess fees (Inmate Co-Payments) upon Inmates who request nonemergency medical, dental, optometric, or mental health services or treatment, or who
intentionally inflict injury-upon themselves, if:
a. Such fees are governed and followed by written policies and procedures approved
by the PSD's Health Care Division;
b. The policies and procedures include an appeal process to allow an Inmate to appeal
the assessment;
c. The policies and procedures establishes a fee schedule under the following
conditions:
i)

Fees are assessed from the Inmate's individual trust account; and

II) Fees shall not be assessed if the individual trust fund balance is less than $10,
provided that the Provider may implement a procedure to recover fees in the
future.
d. The Provider shall submit an annual report to the State summarizing the total amount
of monies deducted from Inmate accounts. The report shall also include an estimate
of the savings to the Provider through the related reduction in non-emergency
services or treatment, or intentional injuries; and
e. The Provider may retain any monies collected under this section.
MANAGEMENT REQUIREMENTS

Page 16

AG Form 103F
of Services

SCOPE OF SERVICES
25.

Attachment 1

Geographic Coverage of Service. A
confinement. care and custody of State of Hawaii female inmates shall be provided at
the CCA Facility in Wheelwright, Kentucky. The Facility has a rated capacity of 656
beds and the total number of inmates shall not exceed this rated capacity without the
State's prior approval. The Facility shall include a 400-bed dormitory, a 256-bed cell
housing unit, an administration/services building, a medical building, a vocational
educational building, a recreation building, a visitor's pavilion, a program services
addition, a central dining hall, and a visitation building.
The exterior security shall comply with all provisions of the RFP. Changes to these
security and facility reqUirements may be made with the approval of the State, whose
approval shall be not unreasonably withheld.
The Facility shall be program-intensive, providing comprehensive programs that
emphasize counseling, substance abuse treatment, education and vocational
opportunities to prepare Inmates for a successful re-entry into society. This Facility shall
support academic development through Adult BasiC Education (ABE) programs and
GED testing. Inmates shall participate in a wide range of religious and recreational
activities and programs sponsored by Facility staff and local volunteers.

26.

The Facility shall meet and comply with all relevant codes and standards for housing
female inmates:
a. The Facility shall comply with all mandatory provIsions and 90% of the nonmandatory prOVisions enumerated in the Physical Plant Standards of the American
Correctional Association Standards for Adult Correctional Institutions-Fourth Edition,
and its Supplements, that were in effect at the time of construction of the Facility;
b. The Provider shall take all necessary steps to have the Facility continually accredited
by the ACA;
c. The Provider shall operate the Facility in accordance with all mandatory prOVisions
and 90% of the non-mandatory provisions of the American Correctional Association
Standards for Adult Correctional Institutions. Fourth Edition, and its Supplements;
d. The Provider shall comply with all essential standards and 85% of the applicable
important standards of the National Commission on Correctional Health Care
Standards, Prison Edition, 2003;
e. The Provider shall operate and maintain the Facility so as to comply with the Life
Safety Code, and all applicable fire codes. health codes, and bUilding and occupancy
codes of the State of Kentucky;

f

In the event of any conflict between any code, standard, law or rule, the more
restrictive shall apply; and

g. If the Provider fails to comply with any of the prOVisions of this Section, it shall
provide to the State for its approval a pian of corrective action within 30 days.
27.

Personnel. The Provider shall
Form iD3F

17

Scope of Servlces

SCOPE OF SERVICES

Attachment 1

a, Provide 24-hour care and supervision to incarcerated individuais, as weli as
administrative and support service personnel for the overall operation of the Facility
in compliance with ACA standards. Staffing plans must provide for ali aspects of the
management and operation of the facility, including administering ali inmate
programs, providing transportation and security, and ensuring appropriate health
care;
b. Perform criminal history checks, background checks and random drug testing of
staff;
c.

Provide correctional officers a minimum 160 hours of basic correctional training
within 3 months of employment at the Facility and provide a minimum of 40 hours of
annual supplemental correctional training. Provide support personnel who have daily
contact with inmates, professional specialists and administrative and managerial
personnel pre-service orientation and on-the-job training in the first year of
employment and 40 hours of annual in-service training;

d. Provide staffing in compliance with paragraph 31 (b);
e. Employ a single on-site Warden to manage the Facility and its programs;
f.

Provide at least one (1) fuli-time dedicated case manager for up to eighty (80)
Inmates to carry out the responsibilities associated with classification, progress
reports, parole reports, casework documentation, replying to grievances and
maintaining regular contact with each assigned Inmate. A part-time employee may
be used if the number of inmates is more than 80 and less than 160, provided that
there is at least one full-time dedicated case manager and the number of hours by
the part-time employee is based upon the number of inmates in excess of 80;

g. Provide case management staff and/or substance abuse counselors with LSI-R
training at no cost to the State;
h. Provide qualified records personnel who shall prepare and maintain ali necessary
and pertinent files and records on Inmates, including name, State inmate number,
birth date, the date and place from which the inmate was transferred to the Provider
classification and housing status, medical, mental health and dental records,
adjustment, participation in activities and programs, discipline, and any other relevant
information or significant events while in the custody of the Provider;
L

Provide a Facility Classification Officer to complete annual reclassification on each
Inmate, Classification on Inmates shali not be reduced or increased unless mutualiy
agreed to by the State and the Facility staff, and consistent with the policies and
procedures of both parties (CCA Policy 18-1/Form18-1B, revised 9/15/06 and PSD
CORR.18.01/No. 2000-1061, revised 2/12/00) and the State of Kentucky (CPP, 18.1,
effective 8/31/07); and

J,

Provide the State with office space, telephone and computer access for the on-site
monitor that the State may employ, Monitor's office shall be within the administrative
offices at no additional cost to the State.

Page 18

AG Form 103F (9/06)
of Services

SCOPE OF SERVICES
28"

Attachment 1

Quality Assurance and Evaluation Specifications,
the State
access
to
and the areas
the
\Nhere
die housed and reC61've
programming and serVices at any reasonabie hour in order to determine whether the
terms of this Contract are being followed; whether all Inmates are treated equitably;
whether the Facility is appropriately constructed, equipped, and maintained; and whether
the Provider is maintaining standards as provided for in this Contract.
The State may have a full-time onsite monitor The Facility and inmate programs shall be
subject to daily inspections for contract compliance"
The State may investigate, in person or by record review all incidents or reported
conditions of confinement involving the Inmates.
The State shall have the right to inspect, at all reasonable times, all records of, or
associated with, Inmates or any charges, billings, demands, and payments under this
Contract, including, but not limited to any institutional, medical, dental, psychiatric,
financial, educational, recreational, or transportation expense, timekeeping, or other
operational records. All records shall be retained and made accessible for a minimum of
three years after the expiration date of this Contract, or any subsequent amendment,
continuation, or follow-up contract whichever is later. The Provider shall not dispose of
any records without the approval of the State. The State reserves the right to require
appropriate audits to be conducted by an accounting firm or person chosen by the State,
the cost to be paid by the State.
The State's access to records and information shall be limited to information specific to
the Facility and relevant to monitor compliance with this Contract or necessary to fulfill its
own obligations hereunder Access shall not extend to proprietary corporate information,
documents protected by statute or regulation, or documents containing information about
other facilities or customers. Neither shall the State's access extend to documents
necessary for peer review, mortality and morbidity reports, and as otherwise set forth
below. After an incident, any document prepared by counsel in anticipation of litigation
will be protected in accordance with attorney-client privilege. Any other information
regarding the facts of an incident, including but not limited to: incident reports, witness
statements, video tapes, medical reports, internal investigation reports, pictures,
telephone recordings, or physical evidence and/or subsequent remedial actions shall be
released to the State. Opinions or other subjective assessments related to a non-factual
conclusion shall not be released except by mutual agreement of the parties.

29.

The Provider shall employ a full-time, on-site Quality Assurance Manager who shall be
responsible for:
a" Tracking all Facility polices, procedures and contractual changes against the
approved audit instruments, updating It as needed, as well as tracking all period
quality assurance reports required by the Provider;
b.

Scheduling internal audits;

c.

SerVing as the iocal coordinator for ail external audit actiVity:

d. Tracking all audit deficiencies plans cf action and other remedial actions reiated to
audit
103F (9/06)

Page 19

of Services

SCOPE OF SERVICES

Attachment 1

e. Making recommendations to the Warden fer policy and procedural changes that
increase the effectiveness and efficiency of the audit program; and
f.

30.

Providing a Response and Corrective Action Plan to the State within 30 days of
receiving any adverse actions as documented in the State's monitoring report.

The PSD's Mainland & FDC Branch shall review and approve any recommendations
from the Provider for Inmate transfers, classification custody level changes,
determination of release dates, parole eligibility, and work line salaries.
The State's inspection team shall be provided with all requested documentation upon
arrival provided such information is requested in writing two weeks in advance.

31.

LIQUIDATED DAMAGES. The following shall apply if the Provider fails to comply with
the terms in this Contract:
a, If one or more qualified Inmates are not placed into a Level III substance abuse
treatment program within 30 days of the qualified Inmate's request, because the
Provider violated paragraph 14, liquidated damages in the amount of $17.00 per day
per Inmate shall be assessed;
b, To the extent more specifically described below, the Provider shall staff the Facility
24 hours per day seven days per week in accordance with its staffing pattern
attached hereto, as Attachment 1, Appendix D, The staffing pattern is based on a
population of 480 inmates at the Facility, including inmates from other jurisdictions,
Should the popUlation deviate 15% or more from the population number on which the
then current staffing pattern is based for a period of thirty days, the Provider shall
submit a revised staffing pattern to the State for approval, said approval not to be
unreasonably withheld;
c,

If the Provider fails to comply with Paragraph 31(b) within 60 days, liquidated
damages shall be assessed. If an incumbent employee vacated the position, the
liquidated damages shall be based upon the salary and fringe benefits of the
incumbent. If the position was to be established because of a population increase,
the liquidated damages shall be based upon the average salary and fringe benefits
of the employees in that position at the Facility; and

d, If liquidated damages are assessed pursuant to Paragraphs 31 (a) through 30(c), the
Provider may credit the amount or the State of Hawaii may withhold the amount from
the Provider's payment.
Provider shali have a sixty (60) day period from the commencement date to transition
operations in compliance with this Agreement. No liqUidated damages shall apply during
this initial transition period,
32,

DEFENSE. The State shall defend itself in connection with civil actions filed in federal or
state courts, or administrative grievance procedures and claims, challenging the
authority of the State to transfer an Inmate to the custody of the Provider, provided that
the Provider remains responsible for claims involving the selection of individual Inmates.
For
State
habeas
actions that arc filed
State
Page 20

AG Form 103F (9106)
of Services

SCOPE OF SERVICES

Attachment 1

the contract that results from RFP No,

The Provider shall defend itself and the State and State's agents, officers and
employees, and bear all costs, attorneys fees and other litigation expenses incurred in
connection with any and all claims, other than those specified in above, brought against
the Provider and/or the State and/or their respective agents, officers or employees, by
any Inmate in the physical custody of the Provider so long as the allegations arise from
the conduct of the Provider, and including any decisions of the Provider relating to the
selection process resulting in any Inmate being placed, assigned or transferred to the
custody of Provider.
In the event the State or its officials, and the Provider or its officials are served with civil
process in connection with any civil action, the applicable party shall promptly tender the
case to the party bearing the burden of the defense.
The Provider shall have authority to settle cases on a purely monetary basis, On a
semi-annual basis, Provider shall forward to the State a list of cases for which Provider
indemnified the State under this provision and the identification of the outcome.
33,

Inmates legally confined to the Provider's Facility shall not be removed there from
without an order from the State, This paragraph shall not apply to an emergency
necessitating the immediate removal of an Inmate for medical, dental, or psychiatric
treatment or to a removal made necessary by fire, flood, earthquake, or other
emergency presenting danger to the safety of the staff, the public or the Inmate, In case
of removal for an emergency, the Provider shall, at the earliest practicable time, inform
the PSO's Mainland & FOC Branch Administrator of the whereabouts of the removed
Inmate and shall exercise all reasonable care for the safekeeping and custody of the
Inmate.

34.

The State shall not reimburse the Provider for any cost enumerated in this Contract
where such cost arises from or is caused by the negligence or fault of the Provider.

35.

Reporting Requirements for Program and Fiscal Data. The Provider shall make files
and records on Inmates available to designated personnel of the State. All Inmate
records, reports, documents and files shall be made available immediately to the PSO's
Mainland & FOC Branch staff upon request. Upon termination of confinement of an
Inmate at the Provider's Facility, the Provider shall forward a complete updated copy of
the Inmate's files or records to the PSO's Mainland & FOC Branch. All Inmate records
shall be considered confidential, accessible only to the Provider's employees or agents
with a bona fide need to know.
The Provider shall prov',de to the PSO's Mainland & FOC Branch progress reports everj
6 months summarizing each Inmate's conduct, adjustment, and program participation,
and recommendations regarding the Inmate's continued placement in the Provider's
Facility and annual consideration for reclassification. Semi-annual reports shall be
submitted no later than 10 working days after the end of each 6-month period.
The Provider's Facility shall submit the following reports to the PSO's Mainland & FOC
working day of each month:
Branch Administrator by the
.AG Form 103F

21

of Services

SCOPE OF SERVICES

Attachment 1

a. Name and number of Inmates placed in discipiinary, administrative or medical
segregation, along with the reason
placement
the dates of placement;
b. Name and number of Inmates who are in educational, vocational training, treatment,
and other programs;
c.

Name and number of Inmates who are assigned to jobs, along with the title of their
jobs, hours of work, and rate of pay;

d. Monthly grievance log containing Inmate's name, description of grievance and
outcome of grievance;
e. Narrative of Facility highlights, serious incidents, and other significant issues; and
f.

Summary reports on the results of urinalysis conducted on Inmates pursuant to this
Contract; and

g. Staffing plan patterns.
The Provider shall provide the State with copies of reports of inspections conducted by
local fire, health, and other regulatory agencies.
The State shall be responsible for calculation of the length or duration of confinement for
all Inmates and shall notify the Provider of any transports returning Inmates to the State.
36.

Escape of an Inmate. The Provider shall notify the State immediately upon the escape
of any Inmate and shall take all action necessary to affect the apprehension of the
escaped Inmate. The PSO's Mainland & FOC Branch Administrator shall be notified
immediately by telephone, and in writing as soon as possible, but not later than the 1st
working day after the escape. The Provider shall bear all expenses related to the
escape, apprehension and return of the Inmate(s) to the Facility from which they
escaped. The Provider shall promptly notify the local law enforcement officials regarding
escapes and major incidents.
The Provider shall refer for prosecution any Inmate who is alleged to have escaped from
the Facility. The State shall not be responsible for health care for any illness or injuries
incurred while an Inmate is on escape status.

37.

Death of an Inmate. In the event of the death of any Inmate, the Provider shall notify
the PSO's Mainland & FOC Branch Administrator, as soon as possible, but no later than
2 hours after the Provider first learns of the death. Fingerprint arrangements shall be
made including, but not limited to, taking fingerprints of the right thumb and right index
finger. The coroner of the local jurisdiction shall be requested to review all deaths. The
State shall not be responsible for the cost of the coroner's review. The Provider shall
provide the State with any reports relating to the death, including reports by the coroner
and the attending physician, autopsy reports, and investigative reports of the facility and
law enforcement officials. The Provider shall provide the State with a certified copy of the
death certificate within 5 working days of its receipt from the State of Kentucky. The
Facility shall return the Inmate's file, medical records, property and funds to the PSO's
Mainland & FOC Branch within 5 business days after the death.
AG Form 103F

Page 22

of SerJices

SCOPE OF SERVICES

Attachment 1

PSD's Mainland & FDG Branch
and
information regarding disposition of the body, Provided that the Provider is not at fault for
the Inmate's death, all expenses relative to any necessary preparation of the body for
shipment or express charges incurred by the Provider pursuant to instructions of the
PSD's Mainland & FOG Branch Administrator shall be reimbursed by the State. The
parties may agree to have the Provider arrange the burial and all matters related or
incidental thereto and such expenses shall be paid as mutually agreed by the parties.
The provisions of this paragraph shall govern the relationship only between the State
and the Provider and shall not affect the liability of any relative or other person for the
disposition of the deceased or for any expenses connected therewith.
The State shall notify the next of kin of the deceased Inmate.
38.

Contract Contact Information.
State Contact:

Ms. Shari Kimoto, Administrator
State of HawaII/Department of Public Safety
Mainland & FDC Branch
919 Ala Moana Boulevard, 4th FIr.
Honolulu, Hawaii 96814
SharI. L. Klmoto@hawall.gov
(808) 837-8020 (Office)
(808) 837-8026 (Fax)

For all Inmate medical matters, please contact PSD's Health Care Division:
Mr. Wesley Mun, Administrator
State of Hawaii/Department of Public Safety
Health Care Division
919 Ala Moana Boulevard, 4th FIr.
Honolulu, Hawaii 96814
Wesley.K.Mun@hawail.gov
(808) 587-1250 (Office)
(808) 587-3378 (Fax)
Provider Contact:

Ms. Kelly Durham, Senior Director, Business Development
Corrections Corporation of America
10 Burton Hills Boulevard
Nashville. Tennessee 37215
(615) 263-3034 (Office)
(615) 263-3100 (Fax)
Ms. Natasha Metcalf, Vice President Customer Contracts
Corrections Corporation of America
10 Burton Hills Boulevard
Nashville. Tennessee 37215
Page 23

AG Form 103F (9/Qb}
of Services

SCOPE OF SERVICES

Attachment 1

(615) 263-3246 (Office)
(615) 263-3100 (Fax)
Provider's Facility Contact:
ML Jeff Little, Warden
Otter Creek Correctional Center
Highway 306/P.O. Box 500
Wheelwright, Kentucky 41669-0500
(606) 452-9700 (Office)
(606) 452-9703 (Fax)

AG Form iD3F

24

of Services

?, (i2

,
NOT CONFIDENT'AL

-

I.

DEPARTMENT OF PUBLIC SAFETY
CORRECTIONS ADMlNllHAAnoN
POLICY AND PROCEDURES

E!'l'ECTI\IE DATl!:

004101104

POLICY NO,:
~, 14.2ll

-

SUl'l!RlleDES (Polley No. & Dote):

SUIlJECT:

OFFENDER ASSESSMENT PROTOCOLS

Pag& loH

Log No. 2004-2082

1.0

PURPOSE

To Implement the department-wlde use of ._rdlzed p_sli:>r adult offender
as......ment Instruments,

2.0

agFERENCU AtIO OEFlNmoNS

.1 Befer"""""
a, Ch;lpler 353-e, HRS. Establishment of Commulllty Conectionat Centers
b. Chapter 353-10, HRS, Intake Service Centers
c. Chapter 3S3-e2, HRS, H...,.U Paroling Authority, Respoosibillties and Dulles;
Operations~ Records, Reports, Slaff
d. Memorandum of Agreement beIw<len the Departmenl of the A!I<lm<!y
General, Departmenl of Publie Sefely, Department of Health, and !he
Judicia/)', Slate of Hawaii. tIffe<:lN'e Ap"117. 2002.

.2 QsllnillonJ
a. CrIminal Justice Agencies: The Proballon Divisions, !he Department of Public
Safety. and the HIlWlIIi PIIl'OIIng AulhOl1ty.
b. Interagency COUneH on Intermediate Sanctions Po!ley Group: A group
e$labllshed by Order of Appointment, Issued by Chief Justice Ronak! Moon,
Janua/)' 11. 2002.

Attachment 1

c.

!-eye! of SeNiee IlWe!Jlort:Bevim (LS~R): A pre<llctiYe 11ak and needs scale
thai assesses an oITenders propensity forfurlher unlaWful and ru....vlolating
behavior based upon criminal history and dynamic risk factors.

d.

AclJ.!tt Substargo Use Survey CASUS):

A comprehensive secondary
aSMSSl'nllflt 1001 for sub.tance abuse Iroalment

APPENDIX A
A-1

F~j{

HO, 8OO587t280

P. 03
'POUCYNO.,

$UIlJECT:

COR.I4.2ll

OFFEHllER ASSESSMeNT PROTOCOl.S

COR

·II!FFECTlW DATE:
lWIG1104

P&PlIl

P..... Zof6

e, Reassmmern: A file and/or faee-fo..face lnteNl"ew to revieW an offenders
risl</needs after the ",ilial LSI on<! ASUS,

t

Oyer-lide: An assignment of an Inmate 10 a different level of
treatment/program as determined by risk/need instruments,

g. Crimlnpgenlo Needs: Allrlbutes that are dkeet1y linked to crimina! behaVIor.
h. f'.I:2l:y. A jail abbreVIate<! risHcreening iil_nt used to determlne tha
leva! of in~atlon and supelVlsion ......_ to be provide<! 10 an offGnder.
i. LS!=R[ASlJS Ccnieot F!lllll: A pretrial form eigne<! by the defendant
acl<nowledglng his/l1er II¢lUntary particlpation In being assesssd by 1.... LSi.
R/ASUS,

J.

Supervision Stand.!!!S, Minimum ""!uired sup"""sion tasks .nd aetMl!es
dslBnninad by t.... defendant's cla1lSifieaOOn.

k. F.ce to face Conlaet An inlervlaw by the assignad offioer wllh the offender
at the offiCe, work place, home or other appropriate sites to provide
cOunaeling, acquke lnformatlon, Bnd prol/lda Infurmatlon as part of
supervision.
I. Certification: Passlng
enlry.Jevel MI soore.

=- of 3 or less S<:Oring errors on the LSI and •.36

m. ~, 'Internet database used by aN Crimln.1 Juollce agencies to store the
otf&ndet's """"'" (Attachment A),
3.0

PQLICY
.1 The Department of Publfe Safely shall.nsure thalall.Ugible offende,. a'.
administered the LSI-RIASUS by csrlified staff in • timely manner•
.2 The Department of Publlc Safety shall mainlaln a common inform01lon system
pla1form eontaining eurrent offender-based lnfonnatlon for Interagency

collaboration,

Attachment 1

APPENDIX A
A-2

p, 04

FAX 00. 808587:280

POUCYNO.:

SU8.laCT:

COR. 14,28

COlt

OFFeNDER AsseSSMENT PROTOCOLS

i EFFeCTIve OATIS:
a.IJ01 /Il.4

p.&tPM

"""" 3 of 8
.3 The Oepartm<ml 01 Publlc Safety shaH be responsible for quality ll$OOlhQ& in the
application cftlll!

...-11\_.

A Arty slgnillcanl changes 10 this PcllcY wiH conform 10 the go8l 01 tlll! Interagency
Council on Irrtermed~e Sondions.

4.0

PROCEDURes
.1 Intake Service Center

., Staff shaD ccmp!e\e tlll! _

...=enlng Instrument at the Inlllal Intake

Inlentiew.
b. S!aff shan enter the scores of the proxy Into the ISC da1abase.
c. Stat! shall aI1Bmpt 10 obtain the offenders _
consent to conduct the
LSI·R and ASUS a1the Initial intake Inte!vlew with.n pretrial felon offenders.

d. S1llfI shaH complete the LS~R and ASUS on an pretrial feloM granted
supetVl$od _ t h a i have .Igned a written cement and have a proxy
of 5 or higher.

.coo>

e. Staffw'i11 complete the LSI·R and ASUSwithin 30 day. 01 being released on
supervised release.

f. Staff shan use tl1<l results of tl1<l LSI-R and ASUS data to assign lhe
appropriate level of supervllion.
g. Staff shall use the results of the LS~R and ASUS data as guldellnes 10
Identify and address oeM"" and treatment neads of lhe offender.
h. Siaff shall Identify and request a need for score over-ride when deemed
appropriate,

APPENDiX A

Attachment 1
A·3

S!Jl3JECT:

POUCYNO.:

OFFEWOER ASSESSMENT PROTOCOLS

COR

COf(.,f4.a:
E.FFECTIVE DATE:

04I011!U

P&PM

P...... of

_r;s

s

I. Staff will
the LSloR and ASUS """"'" Gllhe affender every 6
months or upon any significant event thet eflers the domain ldentltled far
change dUring the period dloupef'lised rale""".

J. Staff Shall enter the completed LSloR and ASUS infarmalion in the Cyzap
Intemet database.
.2 Cor_oal Faellities
•. All newly sentenced inmates entering the RAO UnH shall have a LSI-R and
ASUS completed by trained and certltied stafl Wlthln 45 days.
b. RAD staff shall use t'le resuHs of !he LSI and ASUS to identify appropriate
program and lrealmenllevel when complaling the Initial Pre6<lrtptiva Plan.
c.

LSI-R and ASUS reassessments shall be completed a. part of the Inmate
lransfer request packet submHted to the Inmate Classification Office for
uansfer to a mlntmum or cemmunfiy based faCllily.

d. LSl-R and ASUS rea.....sments shall ba comple\ecI on all Inmates within 24
months 10 their parole eligibility dale.

a. LSI-R and ASUS Instruments shali ba completed Wlthln 30 daY" of placing
an inmate on furlough and within 60 days upon placing an Inmate on
extendedlurlough.
f. Staff "hall enlerthe completed LSI-R and ASUSlnformaton Into the Cyzap
Inteme! databasa.

g. Staff shall raassass LSl-R and ASUS scores eveiy Bmonths upon
admlltance Into a mlnlrrnim or communlty.oasecllacJlily or any significant
event affecis the slx criminogenic factors lden!ffled In the LSl-R.
h. Staff may ",quest an over-rlde

to a program and/or an identified lave! of
trea1mant when approprillle. Such request shall a=mpany a request for
such an exception lhrllUgh the inmate Exception Case foom.

APPENDlXA

Attachment 1
A-4

P. 00

!lAR-2h2D05 tl(li I I: 39 All 0
.

lrUIlJEC,.:

POUCY_NO.:
COR. lUG

OFFENDER ASSESSMENT PROTOCOLS

COR
P&PIl

5.0

EFFEO'Tl\IE OATE:
o.tI01104

PaceS."

RESPONSIBIYTY

.1 W:inlens and StancIl Mana~rs or deslgrlee .haM ",""ure that all .taff are
property traln&d and certllle<lln the _ of the LSloR end ASUS.

a.

SUpelVisots shan en.u", !hel staff is appropriately trained to complete the
proxy screening, LSI-R end ASUS !ll$trUm_.

b. Supe1'lllsols shall eMU'" that otatr Is property trelned to enter and rellieve
LSI-R and ASUS dll1a ftcIn the Cyzap 1 _ dalabau.

c. Supervisonl shan ensure that the P""'Y-sclllIlning lnstnJrnent is completed
on an ~ admillad prelrial felon. in a timely manner.
d. Supervisonl shall ""sum !hallhe LSI-R and ASUS inillal and reas,<l$$l\'Ient
.Instrum_ are completed on all offenders meeting the crllerla In a timely
manner.

e. Superv1&on: shall be mspensibl& lor condlJCllng rend"'" ~I&ws of staff
IntervIeWs and Scoring of the LSioR and ASUS Ill$trUmentlllo malntaln
consl$ten<:y In 'coring and 10 identify any (grouj fiCOrtng eaoro.
f. Supervisonl shalt be respenolble lor identifying staff in need of retraining and
developing an action plan. Such plan shan be submilte<l to the manager or
warden for approval.
.

g. SupeMsolll shall be responsible for condlJCllng random case reviews to
ensure the LSI-R and ASUS data are being used as part of the case
planning proee$$.
•
h. Supervisors shaH be ",sponsible lor reviewing and approving or d'....ppro'iing
any request lor $COm o""r-rldes.

Attachment 1

APPENDIX A
A-5

rfZ 00, 8885871280
POU¢y",O.:
COR.14.2S

SUBJECT:
OFFENDER ASSESSMeNT PROTOCOUl

COR
P"PM

EFFECTIVE OilTE:
lWI01104
"""" 60! 6

This polley applies to aU supervisorsJrnanagers and stiff esslgned 10 assess and
evaluate offend"""

AP?

Attachment 1

APPENDIX A
A-6

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APPENDIX A

Attachment 1

A-7

-

l1ilR-21-20D5 I1iJIi II :40 AI1 0

FAX NO, 8005871280

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APPENDIX A

Attachment 1

A-8

Appendix B
STATE OF HAWAii'S SUBSTANCE ABUSE OUTPATIENT PROGRAM
(FORMERLY LEVEL II)
Levei Ii primary treatment services utilize a cognitive behavioral treatment component lasling
approximately 80 hours, meeting twice per week, over a t\Nenty~week period. The curriculum
utHlzed is The Residential Drug Abuse Treatment Program, Four (4) selected Journals are used
as a stand-alone program resulting In a self~assessment Each Journal systematically buHds on
the previous Journal, thereby Increasing the ievel knowiedge and awareness,
Level II services are for inmates who are at lower risk criminal conduct and meet diagnostic
criteria for substance abuse or dependence, They have had minimal disruption in their
psyChosocial or vocational functioning,

SERVICE ACTIVITIES
A. Assessment services and treatment planning

Individuals will be referred for treatment based on the LSI and TCU CJ Forms (Intake &
Initial) and TCCUDSII, a mUlti-leveled assessment instrument which will indicate level of
risk, level of criminogenic needs, and substance abuse problems across 6 domains,
involvement, disruption, anti-social, emotional, defensiveness and motivation
The scope of the assessments shall include a full analysis of the offender's strengths and
weaknesses as determined from an evaluation of the following areas: current health status,
medical history, alcohol and drug use history, emotional and behavioral functioning, social
history, family background, relationships, legaillistory, occupational and educational history,
degree of denial, readiness for treatment, behavioral performance while incarcerated, as
wei! as other pertinent information available,
An individualized comprehensive treatment pian shall be developed from the LSI and TCU
CJ Forms (Intake & Initial) and TCCUDSII to those who have been identified as having
moderate to serious substance abuse problems and who have been accepted for admission
to structured Level II group education and treatment services, Treatment plans must
include, at a minimum, the following information:
•
•
•
•
•
•

Identification of inmate's problem areaSi
Type(s) of treatment services recommended;
Short and iong range treatment goais:
Target activities and dates for accomplishing objects as a means of measuring treatment
progress;
Process for periodic review and update of treatment pians· and
Roles and responsibUit\es of both inmates and program stafL
Treatment p~ans wi!! be individualized to rneet dlfferent inmate needs and vvW be speCifiC
to measure each offender's progress through the treatment process.
Eacn
participant's treatment plan and progress will be

Attachment 1

APPENDIX B

reviewed npnr;rHr,,,:;,! and updalted as necessary by P(.mnr"rn staff
As an inmate progresses through treatment, the plan shaH be revie'vved on a monthly basis
and updated as needed.
Periodic update and review of treatment plans shall occur while participating offenders are
receiving structured educational and treatment services and individual counseling services.
Treatment plans for alt sentenced offenders participating in the substance abuse treatment
continuum shall be reviewed and updated prior to the inmate's release from the correctional
facility.
B. Treatment Services
Following assessment and development of an individualized treatment plan, each sentenced
offender shaH receive a substance abuse treatment continuum aimed to provide target
group inmates with a structured program of cognitivelilfe skills training, and group
counseling with a behavior/cognitive focus rather than a purely educational or twelve-step
oriented approach as a means of facilitating each offender!s recovery and preparation for
eventual discharge and release Into community status.
The Level II Program shall oonsist of Treatment Groups held not less than twioe each week
for a period of two hours per group covering the four selected Journals of the RDAP
curriculum that address cognitive restructuring and initial in-roads to cognitive processes.
with homework and Journal requirements outside of the classroom for a period of 20 weeks.
Contingent upon inmate availability and meeting room size. the format for treatment groups
shall consist of two weekly sessions of 2 hours each, as follows:
•

A weekly process or focus group with a maximum of 18 inmates each facilitated by one
counselor; and

•

Each of the 18 participating inmates will receive four (4) hours of structured group
counseling per week.
Criteria for admission, discharge and re-admission to the group will be based upon multiple
factors. Criteria for admission Includes:

1. Inmate is referred for treatment by Department staff.

2. Inmate has been assessed as having a moderate to serious substance abuse problem.
3. Inmate chooses to participate, 1,8,; voluntary admission.

4. Inmate's treatment plan specifies Level l! group treatment as part of the overall
rehabiiitation plan.
5.

Inmate's current behavior in the correctional

merits the opportunity to participate.

Criteria for clinical discharge from the group are based upon attendance, participation.
conformity to rules, absence of dirty urinalysis tests. and progress made regard~ng
completion of individualized treatment plan
Participants may be terminated

APPENDIX B

Attachment 1

B-2

or group

from group treatment for failure to
non-excused absenteeism,

fU:2S

Criteria for re~admitting lnmates to the group if they are terminated for breaking program
rules is based upon: (1) inmate must wait for at least thirty days before reapplying for readmission: (2) inmate must be recommended for re-admission by Department staff; and
(3) re-appUcation must be accepted by Provider's counselors and participants of the
group.
Treatment seSSions shaH provide offenders with the first four Journals of the RDAP
curriculum:
•
•
•
•
•
•
•
•

OveNiew of program/building rapport and trust
Building a desire and motivation to change
BUilding the knowledge base to change
Self-disclosure and receiving feedback: pathways to seif-awareness and change
Preventing relapse and recidivism: identifying high-risk situations
How do people change: understanding the process of self-improvement and
change
Developing a commitment to change
In-depth assessment: looking at the areas of need and change

In the process of presenting material in these content areas, counselors are expected to
use lecture, group activities. open discussion. role-play. and written assignments. Level
II groups will be structured to insure that the materials are adequately covered.
reviewed, and the participant has sufficient opportunity to practice effective behaviors
and receive feedback.
The structured group treatment program shall provide weekly group counseling sessions
that will emphasize inmates' personal recovery. responsibility and awareness. Group
sessions are intended to help inmates internalize and apply lessons from the skilibuilding groups. Group counseling sessions use the interaction of group participants in
order to affect the desired changes necessary to achieve individual treatment plan
objectives. Through participation in treatment groups, inmates learn from each other
and receive the strength of group support. Through the process of giving and receiving
feedback in-group sessions. inmates become more aware of their feelings and selfdeceptions and begin to accept ownership and responsibility fer the consequences of
their behaviors and lives in general. (Approximately 64 hours)
Althcugh the program consists mostly of structured group sessions. ProVider's
counselors shall also be available to previde indlviduar sessions as needed for the
purpose of evaluation/treatment planning, individual cn' in"en
case management or
individual consultation_ (Approximately 16 hours)

c.

Individua! Counseling
Individual counseiing sha!! te provided accord:ng to individual inmate need as indicated
only a minimal amount of
in the inmate's treatment plan. \Nhile most inmates wiH
APPENDIX B

Attachment 1

B-3

individu8[ counseling, other inmates may need more extensive amounts of one-cn*one
counsenng< Individual sesslons shaH focus on unresolved issues identified 1n the
offender's treatment plan, I.e., recovery, behavior modification and problem solving, and
shaH be designed to ass(st the inmate with the reintegrat~on process necessary for
successful transition to community living,
0, Continuing Care
Providers shaH develop a continuing care component for offenders that successfully
complete primary treatment, including those discharged from other levels of treatment
(Le" Level-III), ContinUing Care shall be provided for the purpose of reinforcing and
maintaining recovery from the time of completion of treatment to the time when the
offender transfers to either parole status or to a community level facility, (It is well
documented in the corrections treatment research, and has been observed in our own
population, that inmates who complete treatment, and who return to the general
population without any continUing support, lose the effects of treatment, and regress
back to crim ina! attitudes and behaviors,)
The continuing care component of treatment must encompass the aspects of relapse
prevention, criminal conduct behaviors and attitudes, and prevention of recidivism.
Additionaliy, other topics related to recovery should be added to the repertoire of
curriculum topics, such as recovery support systems, job skill development,
assertiveness vs, aggression, transportation issues, etc, It should also be noted that the
offender must comply with all recommendations that are on his discharge summary from
his primary treatment An offender's length of stay in the continuing care program is
dependent upon his personal ability and demonstration of maintaining responsible
The continUing care
behavior and the counselors' observations and discretion,
component may also include process group and individual counseling,
The continuing care component shall be conducted once a week for one and one- half
(1 Y2) hours, The group size shall be no larger than twenty (20) offenders participating in
the group, Should there be more than 20 candidates per facility, the prOVider may
conduct more than one group at a time to insure all offenders receive the continuing care
program, The continuing care component shall be no less than ten (10) weeks and no
more than thirty (30) weeks
Proposai must include the following for the continuing care component available to all
clients who have completed either Level - II or Level III:
Provider must provide a detailed description of the proposed continuing care program
Provider will provide the process by which they would maintain the s8Nices for an
offender until she [$ paroled, or terminated from incarceration.

E Booster Sessions for Completed Level-li Participants
Booster sessions shaH be available to clients to return to treatment that have been
completed and then later have misconduct or behavioral problems that warrants a
redress of treatment for success of recovery, These sessions woufd be extremely
l1mited and would be used only for those offenders who have regressed that stm
Attachment 1

APPENDIX B

demonstrate
for recovery_ The booster sessions should be used as a refresher
fer the offender who completed treatment and has somewhat digressed in hiS
performance since completing treatment This should not be used for the offenders \lv'ho
have relapsed into active substance use and abuse.
Active use and abuse of
substances would warrant are-evaluation cf the offender with a high probability of being
recommended to Leve!-lH treatment. Additionally, these sessions would not be used for
the dient who re-commits another crime while on furlough or extended furlough. Again,
this offender would be re-evaluated and vvould again probabiy be recommended for
Level-Ill treatment Booster sessions are designed to be used for the offender who may
have committed minor or moderate misconducts. demonstrates consistent poor
decisions. demonstrates consistent and constant thinking errors. poor emotional control.
or re-establishes herself as being resistant to the facility ruies and staff authority.

Attachment 1

APPENDIX B

13-5

Appendix C
SUBSTANCE ABUSE TREATMENT
(FORMERLY LEVEL III)

:SbKV!IG!::S

Residential Substance Abuse Services in the Department of Public Safety is an intensive
long-term residential treatment program lasting 9-15 months utilizing the therapeutic community
(TCl model of treatment. It is for substance abusing criminal offenders and addresses both
substance abuse and criminogenic needs. The key elements of the TC model utilized by the
Hawaii Department of Public Safety are described below.
Communities are formed when individuals and family groups join for mutual advantage: to
protect against common enemies, and to organize to reach common goals. In drug treatment
therapeutic communities, the common enemy is substance abuse and the criminal lifestyle.
'The social organization of the Te, its structure, and it systems essentially constitute an
environment for engineering social learning." George De Leon
"Where community exists, it confers upon its member identity, a sense of belonging, and a
measure of security ... ,Ll, community has power to motivate its members to exceptional
performance. It can set standards of expectation for the individual and provide the climate in
which great things happen." John W. Gardner

Much of the following TC key elements are credited to Corrections Research Institute,
Community Building Training Manual.
Key elements of a therapeutic community:
Values - values form the guiding principles for the community. They define what is good and
what is not. Rules and all activities in the community should reflect the values and principles of
the community.
Rules - There are generally three sets of rules that a substance abuse therapeutic community
in a correctional environment observe. They are:
Cardinal Rules
Protect the safety and the viability of the community. Violation of cardinal rules result in the most
severe consequences, up to and including expulsion from the community.
Major Rules
Define the relationship between the individual members and the community, and identify
behaviors to be corrected. Violations of major rules are expected and provide the opportunity for
corrective measures. Violations of major rules requires bringing awareness to the violator and
often require the assignment of learning experiences such as thinking reports and/or activities
that support new learning. Major rules provide the structure that disallows previous maladaptive
behaviors and directs members towards new "right living" behaviors valued by the community.
Therefore it is necessary to understand that major rule violations are not only expected in a
therapeutic community, but they are necessary as a vehicle for corrective aelion to take place. If
rules are not being violated and/or members are not being made aware, then change is most
likely not taking place among community members. When this situation arises in a TC, it is the
responsibility of staff to modify the rules to ensure that members are brought to awareness and
that pro-social learning experiences car. replace faulty learning patterns.
APPENDIX C

Attachment 1

C-1

House Rules
Are the norms for a particular community. Consequences for violation of house rules should
include verbal and written awareness for repeated violations. House rules define the etiquette
and personality of a community.
The rules of the TC in a correctional setting should be in alignment with institutional rules.
Consequences - Communities develop a system of consequences that enforce the rules of the
community. Consequences operate as punishments and rewards. Punishments are a deterrent
to future maladaptive behaviors (as identified by rule infractions). Rewards are both tangible and
intangible consequences intended to promote the likelihood that the desirable behaviors will be
repeated. A corrective learning experience most often includes both punishment and
replacement with positive behaviors that are promoted by the community.
In TC, almost all consequences are intended and designed to be corrective learning
experiences, since the purpose of the TC is to change dysfunctional behavior through increased
awareness and motivation to change.
Learning experiences are the responsibility of the staff in the TC to determine, based upon a
concept of "rational authority." Rational authority refers to leaders practicing self-reflection and
checks and balances. This ensures that decisions by staff are guided by the community values.
Privileges and sanctions should either be:
1. Therapeutic for the individual, and/or
2. Promote the health of the community.
Learning experiences should be designed by community rational authority to:
•
•
•
•

Compel residents to be aware of and attend to their behaviors
Reflect on their motivation and the underlying thinking that prompted the behavior
Connect consequences to behavior; or
Search for alternate behaviors when confronting similar situations, I.e., change.

Structure - Structure provides the community with organization that facilitates the
aforementioned principles to operate effectively. The structure board defines the job hierarchy
within the community. Job categories and job functions are determined by what is required to
operate the community. Job functions also promote change in the individual. There may be
some job functions that may not be needed to operate the community but are essential because
they promote change. The hierarchical design of the TC structure acknowledges those who
have become leaders in the community and provides motivation for new members to work
towards the community values. In the TC, self-esteem is then equated with the ability to accept
responsibility and becoming a "role model" in the community. TC's attach increasingly desirable
privileges as tangible rewards to each higher level of the structure bcard hierarchy.
Staff can use movement within the TC structure as a powerful vehicle for social engineering.
Upward mobility should be recognized as role modeling the values of the community. Demotion
should be used when appropriate as the ccnsequence for regression. lateral movement can be
used to expand a member's experience and to increase self-esteem.

APPENDIX C

Attachment 1

C-2

Privileges and Sanctions - Privileges reinforce behaviors that are consistent with the
therapeutic community values and principles. This exemplifies the idea that privileges should be
associated with efforts required to earn them, The amount of effort required to earn a privilege
determines the worth of the privilege, The worth of the privilege is also assessed by the
possibility of losing it Privileges and associated levels of responsibility are earned and
determined through a number of areas of assessment:
1, Behavior change
2, Attitude change

3, Acceptance of responsibility, and clinical progress,
Leadership - The primary goal of a TC Is to facilitate the movement of an Individual from a
dysfunctional lifestyle to "right living", This image of right living is embodied in the leadership in
the community who gain this status through becoming role models, Because peers who have
advanced in the community structure have succeeded in traversing the same obstacles that
newer members are facing, they are credible role models,

This is a description of the key elements of the Te model of substance abuse treatment in
Hawaii Department of Public Safety. For maximum success, the participant should complete the
TC program while incarcerated and then go on to reentry services that help link him or her in the
community while in work furlough status,

Attachment 1

APPENDIX C
C-3

onER CREEl CORRECTIONAL CENTER

WbeelWrl_leotocq
480 Female Beds [40D 1lY/8D ID
STAFF DEPLOYMENT BY SHIFT & POSITION
10J}O
65,00

MANAGEMENT/SUPPORT
SECURITY/OPERATIONS
IUNIT MANAGEMENT
iSERViCES
IPROGRAMS
HEALTH SERVICES
EDUCATION

55.00
7.50
1550
16,50
1000

TOTAL

179.50

I

MANAGEMENTISUPPORT
Warden
Assistant Warden
Training Manager
Business Manaqer
Accounting Clerk
Manaoer, Human Resources
Manager. Qualitl Assurance / SafelY
Mailroom Clerk
Administrative Clerk
SecretarY
TOTAL

SECURITY/OPERATIONS
Chief of Security
Shift Supervisor
Assistant Shift Supervisor
Asst. Shift Supervisor (TooliKey Control Officer)
SCO - Fire/SafeN
* Intake/Property Officer
* Front Entrance (Lobby) Officer
* Programs Officer
* Services Officer
* Kitchen Ufficer
* Medicai Officer
* Recreation Officer
'I<

"
Transportation Officer

Utility/Search & Escort Officer
'I< Central Contro1
... Perimeter Patrol
1< Gate Officer
'I<

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT
1
1
1
1
1
1
1
1
1
1

SHIFT
0
0
0
0
0
0
0
0
0
0

SHIFT
0
0
0
0
0
0
0
0
0
0

COVERED
5
5
5
5
5
5
5
5
5
5

FACTOR
100
1.00
1.00
100
1.00
100
100
100
100
100

STAFF
100
1.00
1.00
1.00
1.00
100
1.00
1.00
1.00
1.00
10.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT
1
1
0
1
0
1
1
1
1
1
1
2

SHIFT
0
1
1
0
0
0
0
0
0
1
1
2

SHIFT
0
1
1
0
0

COVERED
5
7
7
5
5
5
7
5
7
7
5
7

FACTOR
1.00
1.70
1.70
1.00
100
100
170
1.00
1.70
1.70
100

STAFF
1.00
5.00
3.00
1.00
000
1.00
2.00
1.00
200
300
2.00
7.00

2
4

o
o

3

3

2

2

0
0

0
0
0
0

0

2
2

o

2
5
7
7
7

1.70
060

14~0

1.70
1,70

10.00

I

65.00

I

APPENDIX D

D-1

.. 0vO
400

1.00
1.70
1.70

TOTAL

Attachment 1

<

I

UNIT MANAGEMENT
UNIT A, B, C (Dormitories) - 300 Beds
Unit Manager
Counselor
SCO
• Housing Officer - A Unit
• Housing Officer - B Unit
• Housing Officer - C Unit
UNIT E (Cell Block) - 216 Beds
Unit Manager
Counselor
Counselor (HI)
SCO
'* Pod Control
• Housing Officer - E1 & E2
• Housing Officer - E3 & E4
SEGREGATION (E5)
SCO
• Housing Officer

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
2
1
1
1
1

0
0
1
1
1
1

0
0
0
1
1
1

5
5
7
7
7
7

1
1
1
0
2
1
1

0
0
0
1
2
1
1

0

1
1

1

•,

1.70

1.00
200
300
500
5.00
5.00

0
1
2
1
1

5
5
5
7
7
7
7

1.00
1.00
1.00
1.70
170
1.70
1.70

1.00
1.00
1.00
3.00
1000
500
5.00

0
1

7
7

170
170

3.00
5.00

0

1.00
1.00

1<70
170

no

TOTAL

,

55.00
-~----

SERVICES

•••

•••
••
••

Maintenance Supervisor
Maintenance Worker
Commissary Clerk
Commissary Clerk (Part-Time)
Food Service Manager
Food Service Supervisor
TOTAL

PROGRAMS

1ST

2ND

3RD

DAYS

SHIFT
1
4
2
1
1
1

SHIFT
0
0
0
0
0
1

SHIFT
0
0
0
0
0
0

COVERED
5
5
5
5
5
7

1ST

2ND

3RD

DAYS

SHIFT
1
1
1
2
4
2
1
1
1
1

Program Manager
Classification Coordinator
Addiction Treatment Manager - Cert/Licen (HI)
Addiction Treatment Counselor - Cert/Licen (Hi)
Addiction Treatment Counselor (KY)
Records Clerk
Recreation Coordinator
Chaplain
Program Facilitator - Failh Based (KY)
Secretary
.., Psvcho1oa:st - Licensed PHD (HI)
TOTAL

RELIEF

TOTAL

FACTOR
STAFF
1.00
1.00
1.00
400
1.00
2.00
0.50
0.50
1.00 Contract
1.40 Contract
7.50
RELIEF

TOTAL

SHIFT
SHIFT
COVERED
FACTOR
0
1.00
0
5
0
1.00
0
5
0
0
5
1.00
0
0
5
1.00
0
0
5
100
0
0
5
1.00
1
0
1.00
5
0
1.00
0
5
0
0.50
0
5
0
100
0
5
CONTRACT i 24 HOURS PER WEEK

STAFF
1.00
1.00
1.00
2.00
4.00
2.00
2.00
1.00
0.50
1.00
15.50

Attachment 1

APPENDIX 0

0-2

i

HEALTH

eerHf,('!=<:

1ST

2ND

3RD

SHIFT

SH!FT

SHIFT

1
1
1
0
3
1
1
1

0
0
0
1
1
0
0
0

0
0
0
0
1
0
0
0

Heaith
Clinical Superviser (LPN';
iRN
,LPN
IMental Health Coordinator (MS)
,Medical Records Clerk
Medical Records Clerl'( tcart-t\rr:e)

,. 1Psychiatrist

CONTRACT i
CONTRACT i
CONTRACT i
CONTRACT i

" Physician
*IDentist
'IDental Assistant
ITOTAL

RELIEF

TDTAL

FACTDR

STAFF

1.00
100
1.00
100
1.70
1.00
100
0.50

5
5
5
5
7
5
5
5

1.00
100
1.00
1.00
1000
1.00
100
0.50 '

4 HOURS PER WEEK
4 HOURS PER WEEK
20 HOURS PER WEEK
20 HOURS PER WEEK
16.50

EDUCATION

1ST

2ND

3RD

DAYS

SHIFT

SHIFT

SHIFT

COVERED

1
3
1
3
1
1

0
0
0
0
0
0

0
0

5
5
5
5
5
5

Instructor Supervisor (KYl
Academic Instructor (KY)
Academic Instructor (HI)
Vooationallnstructor (KY)
Vocational Instructor (HI)
Administrative Clerk IKY)
TOTAL

.

Post pOSItIons mcluded In the Correctional Officer Job classification.

*" Positions hired on a contractual

DAYS

~

v

0
0
0

RELIEF
FACTOR

1.00
1.00
100
1.00
1.00
1.00

*"*Salary and benefits of commissary staff reimbursed from KCICIHJ, Inc. canteen profits.

APPENDIX D

D·3

STAFF

1.00
3.00
100
300
100
1.00
10.00

OCCC480 -Female 7120105

or fee basis for services rendered.

Attachment 1

TOTAL

CONTRACT NO.

Attacl~'TIcnt L

TIME OF PERFORJ.vIAl'\'CE
This agreement shaH be effective from November 1. 2008 up to and including October 31, 2009.
Unless terminated, the contract may be extended for not more than two (2) additional twelve-month
periods or parts thereof, without the necessity of rebidding, sUbject to the availability of funds and
prior mutual agreement in writing.