1.1.1 The Privatization Unit coordinates the development of new, and renewal of existing, privatization projects and monitors the operations of private prisons to ensure that both the Department and the private prison are complying with the terms of the contract.

1.1.2 All expenditures by the Department for private prisons are consistent with the terms of the contract.

1.1.3 The procedures, processes, systems and services in use at a private prison are consistent with Department Orders and other written instructions.

1.1.3.1 It is expected that a private prison shall operationally support the practices of the Department, consistent with statutes, to include requiring inmates work 40 hours per week with the exception that up to 20 hours may be in treatment and/or educational programs.

1.1.4 A Department Monitor is assigned for each private prison.

1.1.5 The Department Monitor reviews correctional operations that are made mandatory by Department Order or other written instructions, transmitting deficiencies noted during inspections to the private prison Warden and/or designee.

1.1.5.1 The Assistant Director for Community Corrections shall make the final determination in resolving any noncompliance issues.

1.1.6 A Tactical Support Agreement is developed that will ensure that adequate and sufficient tactical assistance is provided by the Department to private prisons in the event of emergency.

1.1.7 The Privatization Unit processes and/or tracks Arizona Criminal Information Center/National Criminal Information Center (ACIC/NCIC) background investigations for all private prison staff, visitors and inmates about to be released.

1.1.8 Copies of all reports of inspections by the Department or inspections by independent regulatory agencies are forwarded to the Department Monitor.

1.1.9 All statutory requirements, including the requirements for approval of sites for certain private prisons, are observed.

1.1.10 Periodic comprehensive evaluations of private prison operations required by State statutes and/or contracts are conducted.

1.2 The Department Monitor and/or designee duties shall include:

1.2.1 Conducting inspections to determine if the contractor is complying with the contract, to include:

1.2.1.1 Notifying, in writing, private prison management of noncompliance issues.

1.2.1.2 Tracking of all noncompliance issues.

1.2.2 Monitoring the inmate disciplinary system and answering inmate appeals.

1.2.3 Reviewing and recommending all classification actions, including Level of Supervision.

1.2.4 Reviewing all staff hires for background clearances.

1.2.5 Determining visitation eligibility for visitors whose background checks require further examination.

1.2.6 Assisting in developing inmate work contracts and approving the type of work to be performed.

1.2.7 Coordinating with Department staff, as required.

1.2.8 Establishing fixed office hours of access by inmates.

1.2.9 Observing, assessing, and recording private prison staff response to routine operational events, as well as response to emergency incidents.

1.2.10 Signing all inmate release authorizations.

1.2.11 Preparing and submitting a summary report to the Assistant Director for Community Corrections, quarterly.

1.2.12 Reviewing all Significant Incident Reports, Use of Force Reports, Waivers of Department Orders, Institution Orders, Technical Manuals, Inmate Grievances and other written instructions.

1.2.13 Reviewing, for approval, all private prison requests for expenditures from the Inmate Activities and Recreation (A & R) Fund.

1.2.14 Ensuring that intelligence information, and other information regarding criminal activity or security issues, is forwarded to the senior management at the private prison as needed.

1.2.15 Contacting the Criminal Investigations Bureau to request an investigation when there is apparent:

1.2.15.1 Inmate activity that could lead to criminal charges, e.g., attempted escape, escape, assault, possession of illegal drugs, introduction of contraband and theft.

1.2.15.2 Staff activity involving inmates that could lead to criminal charges, e.g., introduction of contraband, aiding in the escape of inmates and excessive use of force.

1.2.15.3 Other activity that requires investigation in accordance with Department written instructions.

1.2.16 Organizing required Department training to include:

1.2.16.1 Classification.

1.2.16.2 Adult Information Management System (AIMS).

1.2.16.3 Inmate Banking.

1.2.16.4 Any other training required by contract.

1.3 The Assistant Director for Inspections and Investigations shall:

1.3.4.1 Requests for Internal Affairs Unit or Criminal Investigations Bureau investigations involving private prison staff or inmates residing in private prisons shall be made via ADC Privatization Unit staff.

1.3.4.1.1 Staff employed by private contractors may not directly request an investigation from Criminal Investigations or Internal Affairs, but shall route all requests for investigation through the ADC Privatization Unit.

1.3.4.2 The Criminal Investigations Bureau Administrator or designee shall decide if a criminal matter will be investigated.

1.3.4.3 The Administrative Investigations Bureau Administrator or designee shall decide if an allegation of misconduct will be investigated.

1.3.4.4 Regardless of whether or not a private prison staff conducts an investigation, ADC Privatization Unit staff or the Director may still request an Internal Affairs investigation if the circumstances of the situation warrant a formal review by ADC.

1.3.4.4.1 Internal Affairs shall not review cases based merely on substandard job performance issues.

1.3.4.5 Requests for investigations shall include Background Investigations and Arizona Criminal Justice Information System (ACJIS) actions related to volunteers and visitors.

1.3.5 Provide reports of all completed investigations to the private prison Warden, through the Assistant Director for Community Corrections.

1.3.6 Ensure that the Background Investigations Unit assists Community Corrections staff as required to complete background investigations on private prison staff.

1.4 The Assistant Director for Health Services shall ensure that:

1.4.1 Health Services staff conduct inspections of new private prisons to determine if the quality and availability of health care to be provided is consistent with Department written instructions, and to ensure that deficiencies are corrected prior to the transfer of any inmate to that prison.

1.4.2 Health Services staff conduct inspections, at least annually, of the health services that are being provided at private prisons to ensure that the quality and availability of health care for inmates is consistent with Department written instructions.

1.4.3 Health Services staff conduct inspections, at least annually, of all substance abuse treatment programs or other mental health programs offered at private prisons to ensure that the quality and availability of the programs are consistent with Department written instructions.

1.4.4 All inspection reports are forwarded to the Assistant Director for Community Corrections.

1.4.5 Approve all private medical providers for hire.

1.5 The Assistant Director for Human Resources/Development (HRD) shall:

1.5.1 Ensure that Planning Bureau staff participate in the development of Requests For Proposals to evaluate the effectiveness of programs, and participate in the evaluation of resulting proposals from private prison operators or developers.

1.5.2 Ensure that the Staff Development/Training Bureau provides the means for start-up training, to include:

1.5.2.1 Providing lesson plans associated with initial training of all new employees.

1.5.2.2 Certifying instructors, as requested.

1.5.2.3 Allocating slots in Train-The-Trainer for in-service training classes.

1.5.2.4 Supplying Department-produced videos associated with training.

1.5.3 Assist Community Corrections in the evaluation of annual training plans developed by private prisons, and advise the private prison of conflicts with the Department's Annual Training Plan.

1.5.4 Ensure that Department training staff comply with the responsibilities assigned in provisions of the private prison contracts.

1.5.5 Provide updates of training materials and videos as they are developed.

1.6 The Assistant Director for Adult Institutions shall ensure that Department staff in adult institutions support the Department Monitor's requests for assistance.

1.6.1 Following a call out of the Tactical Support Unit (TSU), the Warden(s) shall provide an accounting of staff, hours and costs associated with a disturbance at a private prison to the Assistant Director for Community Corrections.

1.7 The Assistant Director for Administrative Services shall:

1.7.1 Ensure that the Contracts Administrator provides support to Community Corrections Division staff by:

1.7.1.1 Managing the procurement and contracting processes related toacquisition of private prison services.

1.7.1.2 Providing technical assistance as requested related to the development of solicitation and contract documents.

1.7.1.3 Providing advice and direction related to interpretation of procurement laws, rules and regulations, as well as solicitation and contract documents.

1.7.2 Oversee and direct those aspects of the business operations of private prisons that directly affect inmates, to include inmate accounts, and shall ensure that private prisons:

1.2 The Central Classification Unit shall determine eligibility for placement in a private prison in accordance with the Classification Technical Manual.

1.1 An inmate who is assigned to a private prison shall be transferred to a Department institution when the cost of medical care has exceeded the Department-imposed High Health Care limit, or as required by the applicable contract.

1.2 An inmate who fails to cooperate with a Substance Abuse Treatment Service and, due to discipline/classification action, no longer meets the eligibility requirements, shall be transferred to a Department institution.

1.3 An inmate shall be removed from a private prison when his/her behavior becomes a threat to the orderly operation of the private prison or when the classification score increases due to a classification or disciplinary action.

1.4 If, after a court appearance, an inmate is transferred to the supervision of another jurisdiction, e.g., jail, the inmate shall be assigned to a bed at a Department institution.

1.4.1 If still eligible for placement in the private prison, the inmate may be returned after a court appearance or temporary absence when a bed is available.

1.5 The Department Monitor shall ensure that Central Classification is notified immediately when an inmate meets the removal criteria.

1.6 The Central Classification Unit shall:

1.6.1 Transfer inmates from the private prison to a Department institution when advised by the Department Monitor that the inmate meets the criteria in section 106.03.

1.6.2 Make reasonable efforts to comply with contractual arrangements regarding the reassignment of inmates, e.g., transferring those in a detention cell within 72 hours.

1.3 The private prison contractor shall:

1.1 The Offender Services Bureau, Offender Information Unit and the Administrative Services Division, MIS Bureau shall:

1.1.1 Determine access and entry capability to offender information.

1.1.2 Provide training to private prison staff on how to access and enter offender information, including:

1.1.2.1 AIMS data entry into all screens including movement, work evaluations and program participation.

1.2 The private contractor shall:

FORMS LIST

41001025, Institutional Release Confirmation Report

• Applicable Arizona Revised Statutes.

• Recommended dietary allowances published by the Food and Nutrition Board, National Academy of Science - National Research Council (Revised 1980).

• The Comprehensive Health Care Plan of the National Commission of Correctional Health Care Standards for Health Services in Prisons (January 1987).

• Applicable Arizona Administrative Codes.

• Applicable Arizona Department of Corrections Department Orders and other written instructions, to include such topics as inmate commissary, inmate payroll (WIPP), etc.

DEPARTMENT MONITOR - A Department employee assigned to a private prison to monitor the private prison's operations on behalf of the Department.

A.R.S. 41-1609.01, Adult Incarceration Contracts; Criteria.

A.R.S. 41-1609.02, Establishment of Private Prison Facilities; Notice; Hearing.

A.R.S. 41-1609.03, Adult Incarceration Private Contractors; Liability for Services.