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DEPARTMENT ORDER MANUAL |
DEPARTMENT ORDER:
120 |
SUPERSEDES: DI 113 (06/02/99) |
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| EFFECTIVE DATE: NOVEMBER 29, 1999 |
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TABLE OF CONTENTS
| PURPOSE | |
| PROCEDURES | |
| 120.01 | FEMALE PROGRAMS ADMINISTRATOR |
| 120.02 | EMPLOYMENT SCREENING |
| 120.03 | TRAINING |
| 120.04 | REPORTING INAPPROPRIATE STAFF-INMATE RELATIONSHIPS |
| 120.05 | INTERVIEWS/INVESTIGATIONS/CASE REVIEWS |
| 120.06 | OPERATIONAL ISSUES FOR FEMALE FACILITIES |
| 120.07 | MENTAL HEALTH SERVICES |
| 120.08 | QUALITY ASSURANCE PROGRAM |
| IMPLEMENTATION | |
| DEFINITIONS | |
| ATTACHMENTS |
The above Substantive Policy Statement is advisory only. A Substantive Policy Statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona Administrative Procedure Act. If you believe that this Substantive Policy Statement does impose additional requirements or penalties on regulated parties you may petition the agency under Arizona Revised Statues section 41-1033 for a review of the statement.
120.01 FEMALE PROGRAMS ADMINISTRATOR
1.1.1 Conduct random interviews of inmates and staff regarding, at a minimum, inappropriate staff-inmate relationships.
1.1.2 Have the authority, as an approving authority, to request an administrative or criminal investigation of alleged inappropriate staff-inmate relationships in accordance with Department Order #601, Administrative Investigations and Department Order #608, Criminal Investigations.
1.2.1 Attachment A gives the name and address of the Administrator. Wardens where female units are located shall ensure that the attachment is posted on all inmate bulletin boards in the female units and other areas as appropriate.
1.2.1.1 Such communications shall be considered "Official Correspondence" in accordance with Department Order #909, Inmate Mail/Property and Stores and shall not be opened, censored, inspected or read.
1.2.1.2 Wardens shall provide a locked box for inmates to use in submitting correspondence to the Female Programs Administrator. Wardens and their Deputy Warden for Operations, shall maintain control of the box keys and shall pick-up the correspondence weekly.
1.2.1.2.1 Keys shall also be provided to the Deputy Director for Prison Operations and the appropriate Regional Operations Director.
120.02 EMPLOYMENT SCREENING
1.1 The Human Resources/Development (HR/D) Division shall screen applicants for uniformed Correctional Officer positions in accordance with Department Order #504, Recruitment and Hiring, Department Order 602, #Background Investigations and applicable statutes as well as the RUSH Technical Manual.
1.1.1 Department staff who oversee private prison operations shall ensure that employees of female units at private prisons undergo required background checks conducted by the Department's Background Investigation Unit and personality inventories as administered by HR/D.
1.2 Prison Operations and Inmate Health Services shall identify non-correctional positions where significant female inmate contact is possible and provide the data to HR/D. All future personnel actions shall indicate whether the position has significant female inmate contact.
1.3 For all non-correctional officer positions with significant female inmate contact, the hiring authority in conjunction with HR/D shall ensure that prospective staff members undergo a background check in accordance with Department Order #602. In addition, prospective staff members shall undergo Personality Inventory testing as outlined in Department Order #504, prior to assignment. HR/D shall ensure that the hiring authority is notified of the outcome.
1.3.1 For private prisons with female units, HR/D shall coordinate notification of the hiring authority through Department staff who oversee private prison operations.
1.4 The Personnel Services Bureau shall ensure that all prospective non-uniformed staff undergo pre-service Personality Inventory testing as outlined in Department Order #504 prior to hiring or assignment to position or duties with significant female inmate contact.
1.4.1 Inmate Health Services may employ contract licensed medical providers who have not completed the Personality Inventory testing.
1.4.2 The Deputy Director for Inmate Health Services shall maintain a list of the positions and incumbents for which testing has been waived.
1.5 Inmate Health Services may offer conditional appointments to direct-hire employees pending final completion of the background check and personality testing. Staff hired under such conditions shall complete a "Conditional Appointment" Waiver (Attachment E). Final completion of the background check and personality testing shall be accomplished no later than 90 days from the date of hire.
1.5.1 Private Prisons may offer conditional appointments to prospective health care staff.
1.6 Where female inmates are employed by an off-site contractor, only those contract employees who have direct supervisory responsibilities or who may be involved in one-on-one situations, are required to undergo a background check and a personality inventory. ACI contract partner work crew supervisors with correctional officer supervision present may be exempted from the personality inventory testing. Background screening and training shall remain a requirement designated in all contracts.
1.6.1 All Department contracts shall outline this requirement in writing. The prospective contractor shall sign the agreement prior to any female inmates actually beginning work at the site.
1.6.2 Wardens shall ensure that such work sites are inspected and that adequate security measures are in place.
1.7 Contractors and Service technicians (such as product delivery or repair) who have infrequent access to the institutional areas and are supervised, are not required to have a complete background check or to undergo personality testing. Volunteers who conduct group sessions are not required to have a background check or to complete personality testing. These individuals shall be required to have an ACIC/NCIC check prior to entering the institution.
1.8 As outlined in Department Order #602, the Background Investigations Unit shall ensure that, at a minimum, the background investigation consist of a review of :
1.8.1 Drivers license number and record.
1.8.2 Past employment.
1.8.3 Past educational references.
1.8.4 Criminal arrest and conviction record.
1.8.5 National Crime Information Center (NCIC) record check.
1.8.6 Law enforcement check with agencies located in areas where the applicant has lived, such as local police departments.
1.8.7 Military discharge status. (The applicant shall provide a DD Form 214.)
1.8.8 Whether or not the applicant has ever worked in a Department or other correctional facility, and if so, whether or not they were the subject of investigations and allegations of inappropriate staff-inmate relationships. (Including queries of Department databases as outlined in section 120.05, and Personnel Services Bureau re-hire information.)
1.9 The Department shall conduct required tests and investigations for staff employed by the Department and for volunteers with direct one-on-one female inmate contact. For contract employees, the contract employer shall provide the names of individuals who need a background investigation to the Department, which shall conduct the checks and verify the information in writing in accordance with Department Order #205, Contractor Security.
1.10 Prior to any inter-institutional transfer to a position with significant female inmate contact, where the employee is not currently in such a position, the Staffing Unit shall request that I&I staff query the database outlined in section 120.05, 1.10 to ensure that the staff member may be transferred to the position. For any intra-institutional transfer the hiring authority shall ensure that the database has been queried. For all such transfers the Personnel Liaison shall verify that the database has been queried, and document in writing the verification, prior to the employee's start date.
120.03 TRAINING - Topics and material shall be relevant to all staff and both male and female inmates. However, because of the greater potential for misconduct in which female inmates are victimized, all training classes shall provide greater emphasis on staff and female inmate issues.
1.1 The Staff Development and Training Bureau shall conduct training classes on this subject, which include a video addressing inappropriate staff-inmate relationships, instructions on how to report inappropriate conduct and the disciplinary action a staff member may incur for engaging in inappropriate behavior.
1.1.1 New staff shall be shown the video during pre-service training and shall complete the Viewing Acknowledgment Form (Attachment B).
1.1.2 The film shall be shown during annual in-service training to all employees with either male or female inmate contact.
1.1.3 Employees shall sign a new Viewing Acknowledgment Form each time they view the video. Assigned instructors or Supervisors shall ensure that employees complete the form and that distribution of the form is made in accordance with the distribution list on the form.
1.2 The Staff Development and Training Bureau shall include training related to inappropriate staff-inmate relationships in the annual training plan as outlined in Department Order #509, Employee Education and Training.
1.2.1.1 The identification of what constitutes inappropriate staff-inmate relationships.
1.2.1.2 An explanation of how female inmates are harmed by inappropriate staff-inmate relationships.
1.2.1.3 A description of how the security of the facility is jeopardized by inappropriate staff-inmate relationships.
1.2.1.4 A statement of the legal consequences of engaging in inappropriate staff-inmate relationships.
1.2.1.5 A description of how to report inappropriate staff-inmate relationships, including when, how and to whom it should be reported. Emphasis shall be placed on each staff member's obligation to monitor, observe and report the behavior of other staff regarding inappropriate staff-inmate relationships and the disciplinary consequences for failing to do so.
1.2.1.6 Instruction on supervising, observing and interacting with opposite gender inmates including, where appropriate, knock and announce situations.
1.2.1.7 Instruction on the privacy interests that women retain while incarcerated.
1.2.2 The Director shall identify future training classes and direct the Staff Development/Training Bureau Administrator to include them in the annual training plan.
1.2.3 All newly hired Correctional Administrators and Correctional Officers shall receive at least 16 hours of pre-service training addressing inappropriate staff-inmate relationships. Training shall include the video and will address the topics listed in section 120.03,1.2.1 through 1.2.1.7.
1.2.4 Licensed Medical Providers currently on contract shall not be required to attend the training. Contracts issued after July 1, 1999 shall require the contractor to attend a one-hour training program.
1.2.5 All non-correctional staff including contractors or contract employees, except medical contractors, with significant female inmate contact and volunteers with one-on-one female inmate contact shall receive eight hours of pre-service training addressing the topics listed in section 120.03,1.2.1 through 1.2.1.7 within 60 days of hire or assignment to an institution.
1.2.5.1 Contractors and Service Technicians(such as product delivery or repair) who have infrequent access to institution areas and are supervised, are not required to attend training.
1.2.5.2 Where female inmates are employed by an off-site contractor, only those contract employees who have direct supervision responsibilities, or who may be involved in one-on-one situations shall be required to attend training. Each contract shall outline this requirement in writing.
1.3 The COTA Commander shall ensure that the same requirements listed above are included in the appropriate training classes for Correctional Cadets. The training shall consist of at least 16 hours of instruction, including the video. The Commander shall provide the updated curriculum to Department Private Prison management staff.
1.4 Investigators who are assigned to investigate incidents of inappropriate staff-inmate relationships shall receive training specific to conducting such investigations. The Chief of Staff, in consultation with the Staff Development and Training Bureau Administrator and the Female Programs Administrator, shall develop a specific curriculum for this purpose.
1.5 Private Prison contractors shall ensure that uniformed staff employed by the corporation at female units receive the same training as new hire state service Correctional Officers.
1.6 All pre and in-service training programs shall be reviewed by either the Staff Development and Training Bureau Administrator or the COTA Commander at least quarterly. Such reviews and any subsequent training program modifications shall be documented in writing to the Deputy Director for Prison Operations, the Assistant Director for HR/D and the Female Programs Administrator.
120.04 REPORTING INAPPROPRIATE STAFF-INMATE RELATIONSHIPS - The Department shall continue to take all reasonable measures to encourage inmates and staff to report inappropriate staff-inmate relationships and to reduce any fear of reporting this behavior.
1.1 Verbal reports of staff misconduct by inmates have always been accepted and staff are required to reduce the report to writing and submit such reports through the chain-of-command. This practice shall be encouraged and shall continue unchanged.
1.2 Written reports from female inmates including inmate letters, complaints through the mail and grievances have always been accepted. Staff are required to prepare written reports detailing the allegations and submit such reports through the chain-of-command. This practice shall be encouraged and shall continue unchanged.
1.3 Staff have always been required, and encouraged, to report suspected incidents of inappropriate staff-inmate relationships and reduce such reports to writing. Supervisory personnel shall report incidents through the chain-of-command and initiate appropriate requests for investigation.
1.3.1 Management personnel and supervisors shall take no action to prevent such actions and shall encourage staff and inmates to report misconduct.
1.3.2 Management shall prepare the appropriate written reports and request investigations in accordance with the appropriate Department Order.
1.3.3 Failure of a staff member to report incidents of inappropriate behavior is a violation of written instructions and the code of ethics. Such failure shall subject the individual to investigation and possible disciplinary action.
1.4 Inmate and staff reports, verbal or written, are confidential. Staff shall follow existing instructions in preserving that confidentiality except as provided for in instructions relating to investigations. Inmates are cautioned that their reporting is confidential and they shall not discuss investigations or interviews. Intentional violations of confidentiality may result in disciplinary action taken against the offending inmate or staff member.
1.4.1 Investigators shall document, in writing, the statement of confidentiality including warnings not to discuss investigations and notification of disciplinary action that may result if the confidentiality is compromised. This requirement shall applies to both staff and inmate interviews and to any investigation whether Administrative or Criminal.
1.5 Retaliation against inmates or staff by other inmates or staff members for reporting inappropriate staff-inmate relationships has always been prohibited in the strongest terms. All staff and inmates are reminded of this prohibition. Acts of retaliation shall be investigated. If an act of retaliation is proven, the perpetrator(s) shall be subject to appropriate disciplinary action.
1.6 All issues related to reporting inappropriate staff-inmate relationships at private prisons shall be coordinated through Department staff who oversee private prison operations.
120.05 INTERVIEWS/INVESTIGATIONS/CASE REVIEWS
1.2 Approving authorities shall request investigations as outlined in Department Orders #601, and #608. The approving authority shall notify the Female Programs Administrator, in writing, when an investigation involving a female inmate in an inappropriate staff-inmate relationship is opened.
1.3 Reassignment of staff from inmate contact during an investigation has always been an option for approving authorities. Wardens shall temporarily remove staff who are under investigation for serious sexual misconduct from contact with inmates pending final resolution of the investigation. Such removal may be either a reassignment or Administrative Leave with Pay in accordance with applicable Department Orders and shall be documented in writing as outlined in Department Order # 508, Employee Discipline.
1.5 Investigators shall interview any and all potential witnesses in every case. Every person named as a potential witness, victim or suspect shall be interviewed.
1.5.1 The investigator, with the cooperation and assistance of the Warden and all staff, shall actively seek out potential witnesses by interviewing female inmates who live or work with the alleged victim and staff who work with the alleged suspect.
1.5.2 Polygraphs shall continue to be available as an investigative tool for investigators. Both inmates and staff may be offered a polygraph to confirm or refute the allegations. Specific details for administering a polygraph are outlined in Department Order #603, Polygraph Services.
1.6 Investigations of inappropriate staff-inmate relationships shall include a search for past investigations concerning inappropriate relationships with female inmates, whether sustained or not, against the alleged perpetrator. This information as well as any disciplinary action taken for sustained acts of misconduct involving inappropriate staff-inmate relationships shall be included as a part of the investigative report. Management review at each level, as outlined in Department Order # 601, shall verify that the report contains this information.
1.7 The resignation of a staff member during the course of an investigation does not conclude an on-going criminal investigation. Management staff and investigators shall continue to complete investigations and, if appropriate, refer the case to the appropriate prosecuting authority.
1.8 In the event that an employee resigns during an administrative investigation, Wardens and Deputy Wardens, in consultation with the Deputy Director for Prison Operations, shall review the circumstances of the investigation and determine if there are sufficient administrative concerns to continue the inquiry. The decision shall be documented in writing.
1.9 Staff, as outlined in Department Order # 601, shall cooperate during any investigation including those situations involving inappropriate staff-inmate relationships and/or sexual misconduct. Failure to cooperate shall subject the offending staff member to disciplinary action up to and including dismissal.
1.10 The Department shall maintain a database for tracking investigations for internal management purposes.
1.10.1 The Assistant Director for HR/D and the Chief of Staff shall ensure that staff who maintain the database create a tracking system allowing Department management to determine when a staff member:
1.10.1.1 Has been the principal subject of an investigation for inappropriate staff-inmate relationships involving a female inmate more than two times within five years.
1.10.1.2 Resigns during the course of an investigation of an inappropriate staff-inmate relationship involving a female inmate.
1.10.1.3 Resigns in lieu of termination during an investigation of an inappropriate staff-inmate relationship involving a female inmate.
1.10.1.4 Is dismissed as a result of an investigation of an inappropriate staff-inmate relationship involving a female inmate.
1.10.2 A staff member who has been the principal subject of an investigation for an inappropriate staff-inmate relationship with a female inmate more than two times within five years shall be the subject of a management review during which appropriate action shall be taken regarding the employee. Options include:
1.10.2.1 A meeting with a supervisor.
1.10.2.2 A referral to an employee assistance program.
1.10.2.3 Retraining or reassignment to a different unit or institution.
1.10.3 A resignation of a staff member while under investigation for an inappropriate staff-inmate relationship with a female inmate shall be considered a resignation in anticipation of disciplinary action or a resignation not in good standing, unless there is credible evidence to the contrary. Wardens shall complete a memo, as outlined in Attachment D, identifying that the staff member is ineligible for rehire and forward it to HR/D with a copy to the Chief of Staff. The staff member shall be identified in the data base as ineligible for rehire.
1.10.4 A staff member who "resigns in lieu of termination" during an investigation for an inappropriate staff-inmate relationship with a female inmate shall be identified in the data base as ineligible for rehire. Wardens shall complete a memo, as outlined in Attachment D, identifying that the staff member is ineligible for rehire and forward it to HR/D with a copy to the Chief of Staff. The staff member shall be identified in the data base as ineligible for rehire.
1.10.5 The Chief of Staff or designee shall conduct a quarterly review of the database and prepare a written report documenting each review. All reports shall remain on file indefinitely. At a minimum, a copy of the report shall be provided to the Director and the Female Programs Administrator.
1.10.5.1 If any review identifies an employee in accordance with section 120.05, 1.10.1.1 above, the employee's Assistant Director or Deputy Director shall be notified by the Chief of Staff.
1.10.6 Prior to processing any request to hire a former employee to work in a female unit, HR/D shall request assigned staff at I&I to query the database to ensure that the prospective employee meets the criteria established in this Department Order.
1.11 Post Incident Management Reviews - As part of the effort to reduce incidents of inappropriate staff-inmate relationships involving female inmates, the Department shall conduct management reviews at least semi-annually. Attendees may include the Director, the Deputy and Assistant Directors, Regional Operations Directors, Wardens and Deputy Wardens, and the Female Programs Administrator. The Female Programs Administrator shall coordinate the reviews and compile discussion information. Topics shall include, at a minimum, sustained incidents of inappropriate staff-female inmate relationships and how the incident could have been avoided. Information gleaned from these reviews shall be considered for inclusion in the appropriate training material and/or Department rules, regulations or written instructions.
1.12 Staff Discipline - Disciplinary levels established in Department Order #508 shall be applied in cases where Department staff members are found to have engaged in an inappropriate relationship. All offenses involving serious sexual misconduct are class 7 offenses as identified in the Chart of Disciplinary Sanctions and the Class of Offense guidelines outlined in Attachments B and C of Department Order #508. As a reminder, a first offense in Class 7 is cause for dismissal.
1.12.1 Private Prison staff are subject to discipline as provided for by the Private Prison contractor.
120.06 OPERATIONAL ISSUES FOR FEMALE FACILITIES
1.1.1 The Deputy Director for Prison Operations shall ensure that every female unit or institution, including private prisons, includes as part of female inmate orientation information concerning inappropriate staff-inmate relationships. The orientation shall include both oral and written information. All material shall be available in both English and Spanish. The orientation shall include, at a minimum:
1.1.1.1 An identification of what constitutes an inappropriate staff-inmate relationship.
1.1.1.2 A statement that the Department prohibits an inappropriate staff-inmate relationship.
1.1.1.3 A statement of the consequences of engaging in an inappropriate staff-inmate relationship.
1.1.1.4 A description of how to report inappropriate staff-inmate relationships, including when, how and to whom it should be reported.
1.1.1.5 A statement on the consequences of reporting misconduct as a victim and as a witness, including assurances of confidentiality and non-retaliation and that investigative detention (Administrative Detention) differs in significant respects from punitive detention as outlined below.
1.1.1.6 Information on the rules regarding interacting with opposite gender staff.
1.1.1.7 Information concerning the privacy interests that women retain while incarcerated.
1.1.1.8 The name and address of the Female Programs Administrator to whom female inmates may report inappropriate staff behavior.
1.1.2 A Female Inmate Handbook shall be provided to each female inmate as part of the orientation process. The handbook shall include material outlined in sections 1.1.1.1. through 1.1.1.8 above and shall be written at a level easily understood by all inmates. A Spanish version shall be available.
1.1.3 The unit Deputy Warden shall ensure that staff conducting orientation document each female inmate's attendance in the Adult Inmate Management System (AIMS). These entries shall note that the inmate received all written material and, if appropriate, that oral and written translations were provided to non-English speaking inmates.
1.2 Investigative Detention - A female inmate may be placed in investigative detention, in accordance with the appropriate Department Order(s) as part of an active investigation.
1.2.1 Unless exceptional circumstances apply, investigative detention is limited to 30 days. Any extensions shall be requested, in writing, from the Deputy Director for Prison Operations and approved in writing.
1.2.2 Investigative detention is not punitive in nature.
1.2.2.1 Staff shall take all reasonable measures to ensure that inmates so confined are afforded all privileges of their classification including;
1.2.2.1.1 Property allowances.
1.2.2.1.2 Phone privileges.
1.2.2.1.3 Mail and visitation.
1.2.2.1.4 Exercise or other out-of-cell time.
1.2.2.2 All privileges shall be allowed, in accordance with Department Order #804, Inmate Behavior Control. Any restriction or deviation shall be authorized by the Duty Officer and shall be documented by on-duty staff using an Information Report.
1.2.2.2.1 The Warden or Deputy Warden shall review these reports and forward a copy to the Female Programs Administrator.
1.3 Identification of Secluded Areas - Wardens of institutions that include female units, including Private Prisons, shall identify those areas that are considered secluded and conducive to improper behavior.
1.3.1 Access to those areas that are not required for security operations shall be limited, restricted or prohibited.
1.3.2 Supervisors shall conduct rounds of secluded areas at routine intervals not to exceed one hour between intervals.
1.3.3 The Warden shall provide a written report to the Deputy Director for Prison Operations providing the location of all secluded areas and the manner in which access is controlled. The report shall be updated as necessary.
1.3.4 Any additions or deletions to the list of secluded areas shall be documented in writing, with a copy to the Deputy Director.
1.4 One-on-One Situations - Male staff assigned to female units shall notify their supervisor when they are going to be alone with a female inmate in a secluded area. Supervisors shall monitor all occurrences.
1.4.1 One-on-One situations do not include times when the staff member is working with, or in the presence of, two or more female inmates.
1.4.2 Staff shall limit situations in which they are alone with a female inmate in a secluded area. Acceptable exceptions include:
1.4.2.1 Under emergency conditions.
1.4.2.2 In medical and mental health care situations.
1.4.2.3 During official counseling situations.
1.4.2.4 When questioning an inmate during an investigation.
1.4.2.5 When the inmate is reporting confidential information.
1.4.3 Staff shall use caution in any circumstance where a one-on-one situation may occur in an area other than an identified secluded area. If any question exists, the staff member shall notify their supervisor as outlined above.
1.5 Knock and Announce Situations
1.5.1 Absent exigent circumstances or reasonable suspicion of unauthorized activity/rule violations, male staff members, as a courtesy, shall verbally announce their presence in areas where female inmates could be in a state of undress.
1.5.2 Wardens shall ensure that details based on physical plant and security requirements are included in the appropriate Post Order. At a minimum, the Post Order shall instruct staff to momentarily pause after announcing their presence, before actually entering the area.
1.6 Temporary Assignments - To ensure adequate post coverage, Wardens may assign staff from non-female units to temporary duty in a female unit. Staff assigned in this circumstance shall be assigned to non-contact positions and shall be given a briefing, as outlined in the appropriate Institution Order, providing information specific to the Civil Rights of Institutionalized Persons Act and their responsibilities while assigned to a female unit.
120.07 MENTAL HEALTH SERVICES
1.2 Juvenile Female Inmates/Female Inmates with Mental Illness or Who are Developmentally Disabled - Security Staffing levels in units where juvenile inmates are housed and at the Flamenco Mental Health Unit shall be established by the Deputy Director for Prison Operations. For Inmate Health Services, the Deputy Director for Inmate Health Services shall establish staffing levels.
1.2.1 Any change affecting the type or number of staff members assigned to these areas requires written approval from the Director.
1.2.2 Staff Training/Security Considerations - These inmates require special protection, including but not limited to:
1.2.2.1 Special emphasis by the Female Programs Administrator on random interviews of inmates housed in these areas.
1.2.2.2 Training for all staff regarding the particular vulnerability to inappropriate staff-inmate relationships of these inmates.
1.3 The Department shall have trained mental health professionals conduct screening of all current and new female inmates regarding pre-incarceration histories of physical and/or sexual abuse.
1.3.1 Inmates who claim a history of abuse shall be provided appropriate mental health services upon request so that they may minimize the likelihood that they will become victims of inappropriate behavior.
1.3.2 Screening may be conducted during reception and shall be addressed in initial classification and other classification actions.
120.08 QUALITY ASSURANCE PROGRAM - The Female Programs Administrator shall coordinate a permanent review system focusing on inspecting the following aspects of compliance with this Department Order providing a written report to the Director at least semi-annually.
1.1 The Personnel Services Bureau Administrator and the Chief of Staff or designee are responsible for providing statistical information addressing the background investigation process that screens prospective employees who are to have female inmate contact. At a minimum, such data shall include the total number of background checks conducted and the number of prospective employees denied employment based on negative information obtained.
1.2 The Administrators for the Professional Standards Bureau and the Criminal Investigations Bureau shall provide data that lists, at a minimum, investigations completed, database queries, the number of cases in which investigations sustained employee misconduct and the type of misconduct and the number of cases in which employees were exonerated or the allegations were not sustained.
1.3 The COTA Commander and the Staff Development and Training Bureau Administrator shall provide data, semi-annually, coinciding with the Female Programs Administrator's report, that includes the number of classes delivered, number of attendees, and an assessment of the training based on class evaluations, class observers and management input. The training report shall include recommendations resulting from the assessment.
1.4 Wardens where female units are located shall report data listing, at a minimum, the number of orientation classes scheduled and the number of inmates who attended orientation.
1.5 Individuals identified in sections 1.1 and 1.2 above shall provide the Female Programs Administrator with the required data quarterly. In consultation with the responsible members of agency management, the Female Programs Administrator may develop additional report items to address any concerns that may develop during the reporting period.
1.6 The Female Programs Administrator shall ensure that final reports to the Director address data collected above and additionally, the number of staff and inmates interviewed by the Female Programs Administrator, the interview questions and an analysis of inmate understanding of rules and regulations governing inappropriate staff-inmate relationships.
1.7 Corrections shall be made to problem areas by the responsible management official whether the problem is identified in the report, at another time or whether or not the problem is systemic or specific to a single area.
Attachment A, Female Programs Administrator Poster
Attachment B, Viewing Acknowledgment
Attachment C, Department Order Acknowledgment
Attachment D, Employee Resignation - Sample Memorandum
Attachment E, Conditional Appointment - Sample Memorandum
Technical Manuals governing recruitment, hiring, background checks and investigations may require modification, clarification or added emphasis.
Wardens with female units shall, within 30 days of the effective date of this Department Order, review and ensure that Institution Orders and Post Orders are updated and address at a minimum:
Specific training requirements shall be incorporated in the Annual Training Plan and/or in the COTA Technical Manual and in approved lesson plans.
INAPPROPRIATE STAFF-INMATE RELATIONSHIPS - May include, but are not limited to, the following:
LICENSED MEDICAL PROVIDER - For the purposes of this Department Order, an individual who is separately screened and censured for ethical violations by their licensing agency.
PRIVACY - The interest of female inmates not to be viewed by male staff while dressing, showering or toileting, absent a legitimate security interest that cannot be reasonably accomplished by female staff.
SERIOUS SEXUAL MISCONDUCT - One or more of the following:
SIGNIFICANT FEMALE INMATE CONTACT - For the purposes of this Department Order, Significant Female Inmate Contact means direct contact or access by staff who will be assigned to work in any area of a female unit or who have frequent or routine access to female inmates including supervision, programming, counseling or provision of services.
STAFF - Correctional series employees, maintenance workers, kitchen workers, teachers, counselors and any other person with direct access to female inmates. While not normally considered "staff," for the purposes of this Department Order, the definition will include all such individuals employed by the Department, contractors, employees of a contractor and volunteers with one-on-one female inmate contact.
You may write to the female programs administrator in regard to inappropriate staff-inmate relationships. Such writing may be in the form of an inmate letter or as an official correspondence through the U.S. mail. No staff member may retaliate against you for your correspondence, and except for required investigations and necessary consultations with prison administration,* your communication will be kept confidential. You may still file a grievance or report the behavior through other authorized channels if you desire.
You may place your correspondence in either the box provided for US Mail in accordance with the appropriate mail regulations ,or if you prefer, you may use the lockbox at your unit provided for official correspondence with the Female Programs Administrator.
*Staff are required to take action if you report an inappropriate staff-inmate relationship as a victim or as a witness. Such action may include official department investigations and interviews.
ARIZONA DEPARTMENT OF CORRECTIONS
"MAKING CHOICES: DON'T CROSS THE LINE"
VIEWING
ACKNOWLEDGMENT
Directions: Please clearly print the requested information. This form will be placed in your permanent personnel file.
I certify that on , I viewed the video, Making Choices: Don't Cross the Line.
Name:
SSN:
Organization/Unit:
Signature:
FOR TEMPORARY USE ONLY
Distribution: Employee
PACE File
Training Office
Private Prison Distribution:
Training File
Corporation Personnel file
ARIZONA DEPARTMENT OF CORRECTIONS
DEPARTMENT ORDER 120
"CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT COMPLIANCE"
READING
ACKNOWLEDGMENT
Directions: Please clearly print the requested
information. This form will be placed in your permanent personnel file.
I certify that on , I read, Department Order 120, Civil Rights of Institutionalized Persons Act Compliance and that I understand the material.
Name: SSN:
Organization/Unit:
Signature:
FOR TEMPORARY USE ONLY
Distribution:
Central Office Personnel File
Institution/Bureau Personnel File
PACE File
Private Prison Distribution:
Training File
Corporation Personnel file
ARIZONA DEPARTMENT OF CORRECTIONS
MEMORANDUM
DATE
| TO: | Ron Zuniga, Assistant Director, Human Resources/Development |
| FROM: | Warden |
| SUBJECT: | Employee Resignation, Case # |
(NAME) assigned to (WORK LOCATION) as a (JOB TITLE)
is the principal subject of an inappropriate staff-inmate relationship investigation.
(PROVIDE A BRIEF NARRATIVE DESCRIBING THE CIRCUMSTANCES OF THE CASE.)
The employee resigned on
prior to the completion of the investigation. There is no credible evidence
that the employee did not commit the alleged act. This employee will fall under
the no-rehire guidelines established by Department Order 120, Civil Rights of
Institutionalized Persons Act Compliance.
Please contact me if you need further
information.
XX/XX/s (author's initials)
cc: Chief of Staff
Administrator, Contracts/Community Development Bureau
(EXAMPLE)
ARIZONA DEPARTMENT OF CORRECTIONS
CONDITIONAL APPOINTMENT
(FOR HEALTH SERVICES STAFF OR PRIVATE PRISON HEALTH CARE STAFF ONLY)
Effective , I will be conditionally hired in a position that is affected by the Civil Rights of Institutionalized Persons Act settlement agreement. By affixing my signature below, I acknowledge that my continued employment is contingent upon my successful completion of a personality inventory and background investigation.
Signature (Date)
Print Name
Social Security Number
ASSIGNMENT
cc: Institutional/Bureau Personnel File
Central Office Personnel File
Staffing Unit