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HomeMy WebLinkAboutUS Marshals Service - signedU. S. Department of Justice United States Marshals Service Modification of fntergovernmental Agreement l. Agreement No. 85- I 0-0004 2. Effective Date February 1.2022 3. Facility Code(s) OBU 4. Modification No. I 5. DUNS No. N/A 6. Issuing Federal Agency United States Marshals Service Prisoner Operations Division Intergovernmental Agreernents Branch CG-3, Suite 300 Washi DC 20530-0001 7. Local Goyernment KITTITAS COUNTY JAIL 205 W sTH AVE ELLENSBURG, WA 98926 8. Appropriation Data 15x1020 9. Per-Diem Rate NIA 10. Guard/Transportation Hourly Rate N/A 11 EXCEPT AS PROVIDED SPECIFICALLY HEREIN, AL L TERMS AND CONDITIONS OF THE IGA DOCUIVIENT REFERRED TO IN BLOCK 1, REMAIN UNCTIANGED. TERMS OF THIS MODIFICATION: The purpose of this rnodification is to add the following revisions to the current IGA: I . Replacing 'oPurpose of Agreement and Security Provided" section with Addendum # I (see attached)2. Adding new language to "Medical Services" section pertaining to Covid-19 and other infectious diseases (see Addendum #2 attached) 3' Adding'oPregnant or Post-Partum Prisoners" language to all Guard Services' sections (see Adderrdlm #3 attached) 4, Adding new "Video Teleconferencing" section (see Addendum #4 aftached) 5. Adding new "Voter Registration" section (see Addendum #5 attached) 6. Adding new "Body Camera Information Requests" section (see Addendum #6 attached)7. Adding new language to "Restrictive Housing and Suiclde Prevention" (see Addendum #7) NO OTHERTERMS OR CONI}ITIONS ARE AFFECTED BY THIS CHANGE 12. lNs'fRU LOCAL GOVERNNIENT OF THIS n. I locu covERNMENT ts Nor REeuTRED TO SICN THIS DOCUMENT n. ffi locar- covERNMENT ls REeutRED To srcN TI]IS DOCUMIINT AND RETURN ALL COPIES TO U, S. MARSHAL 13. A, LOCAL GOVERNMEN Signature ,1 l./ t, P- I It r hl -Lt " t2- DATETITLE B. FEDERALCOVERNMENT TlFFANlEASONSftl.i'Ii;'J,:i.'i,',lT,ii,1,'ff 3- -- Signature A qsisfnnt Procrrrement TITT,E DATE U. S. Department of Justice United States Marshals Service Modification of Intergovernmental Agreement Agreement Number: 85-10-0004 Page lof ! a Administration 1 ' Federal prisoners shall be housed in a manner consistent r.vith the Federal Perfomrance Based Detention Standards (FPBDS) subset utilized by the USMS Detention Facility Review Program. These standards are set fonh in Fonn USM-2 l8 (provided as an aftachment to tltis modification). Facilities shall follorv the cument standards sumrnarized in Fonn USM-218 and any otlter standards required by an authorized agency whose prisoners are housed by the Local Govemment pnrsuant to this agreernent. 2. The FPBDS can be found at: http://www.usmarshals.gov/prisoner/detention-standards.htrn 3. KITTITAS COUNTY JAIL shall comply with Congressional mandates, federal laws, Executive Orders and all existing KITTITAS COL}NTY JAIL policies. KITT'ITAS COUNTY JAIL shall provicle a means for verification of any state inspections, accreditation, and, if applicable, any altemative correctional facility accreditations such as an accreditation from the American correctional Association accreditation. 4. All work assignments for unsentenced Federal prisoners must be voluntary. 5' The Local Government shall conduct initial and periodic backgror.rnd and refercnce checks of appticants, employees, contractoLs, and volunteers. All allegations of staff misconduct shall be investigated and reported to law enforcement as appropriate. Staff misconduct involving or affecting USMS prisoners shall be reported to the local district United States Marshal (USM), Chief, or their designee and to the USMS Prisoner Operations Division (pOD) at PODCoClnq uiries@usdoi.gov. 6. The LocalGovernment shallmaintain written policies and prncedures that describe alt facets of f'acility operations, maintenance, and administration. The Local Government shall maintain written contingency and ernergency plans for situations including but not limited to riots, hunger strikes, disturbances, escapes, hostage situations, and mass prisoner relocation. 7 . The Local Government shall maintain records of annual fi:'e safety inspections. The Local Government shall mai dangerous materials in accordance with governrnent regulations. 8. The Local Govemtnent shall rnaintain an objective review, classification, and housing prccess. Federal prisoners shall be clearly identified as USMS prisoners in the classification system. 9 - The Local Governtnent shall ensure Federal prisoners under the age of I 8 receive an age-appropriate diet, exercise. and education. 10. The Local Government shall ensure Federal prisoners under the age of l8 or charged as ajuvenile shall be separated by sight and sound and out of regular contact with adult prisoners, except in emergency situations or approval from the court. 11. The Local Govemment shall keep the Facility clean and in good repair. Food service equipment shall meet established health and safety codes. The Local Government shall provide a mininum of three (3) meals per.day that are varied and nrttritionally adequate. The Local Government shall provide saf'e and clean space and items for proper prisoner hygiene. 12. The Local Covernment will provide clean and serviceable bedding and clothing. Clothing ancl shoes shall be properly sized and temperature and weather appropriate. The Local government shall provide appropriate attire release. 13. The Local Covemment shall properly inventory, store, and return prisoner propefty npon release. 14. The Local Government shall provide adeqr"rate accommodations for prisoners with disabilities once accepted by the Local Government. 15. The Local Covemment shall prohibit discrirnination on the basis of disability, race, gender, sexual orientation, religion, and national origin in the provision of services, programs, and activities. U. S. Depaftment of Justice United States Marshals Service Modification of Intergovernmental Agreement Agreement Number: 8s-10-0004 Page f of 5 a 16. The Local Government shall provide prisoners witlr reasonable opportunities to pa$icipate in religious pr.actices, exercise. and access to mail, telephones, personal legal materials and legal reference materials or confidential counsel. 17. The Local Government shall maintain a grievance program with at least one level of appeal. The grievance procedures shall be made available to prisoners Medical Services l. The Local Governtnent shall maintain written procedures that describe actiorrs taken in the event of a prisoner's death, assault, or medical emergency to include notification to the USMS. 2. The Local Governrnent shall provide a rnedical and mental health screening upon admission to the Facility. The Local Government shall inform prisoners how to access hearth services. 3. The Locul Government shall notify the local USMS district off ce of aryt infectiotts clisease outbreak4. The Facility is encouraged to purchase non-OTC medications for USMS prisoners through the USMS' National Managed Care Contmct (NMCC) Discount pharmacy program. 5. The USMS will not reimburse the detention facility for medical payments made on behalf of USMS prisoners in the absence of a specific arrangement approved in rvriting by the USMS. 6. The Facility shallhave in place an adequate infectious disease control pmgram which includes testing of allFederal prisoners for Tuberculosis (TB) in accordance with National Canunission on Correctional Health Care (NCCHC) Standardsfor Health Service.s in Jails. TB testing shall occur with l4 days of intake (unless current TB tests results are available), be prornptly documettted in the Federal prisoner"s medical record and the results forwarded to the local USMS District within thirty (30) days of intake. Special requests lor expedited TB testing and clearance (to incltrde time sensitive moves) shall be accomplished through advance coordination by the Federal Government and Local Govemment. 7 ' The Local Government shall immediately notiS the Federal Covernment to include the local district office of any cases of suspected or active TB or any other highly comrnrinicable diseases such as but not limited to Coronavirus Disease (COVID), severe acute respiratory syndrome (SARS), Avian Flu, Methicillin-Resistant Staphylococcus Aureus (MRSA), Chicken Pox, etc., which might affect sclieduled transports or productions, 8' Irrdigent Federal prisoners shall not be denied medical evaluation and treatment for failLrre to provide a co-payment Optional Guard/Transportation Services to/from Medical Facility I ' The Local Government agrees to provide additional personnel if requested by the USMS to enhance specific reqttirements for security, prisoner monitoring. and contraband control. Fedelal prisoners al.e not permitted to use the telephone, internet or WIFI enabled devices, or to receive outside food, drinks, or deliveries (including flowers) without consent fi'om the USMS, The Local Government shall restrain Federal prisoners by attaching at least one extremify to the hospital bed, stretcher, or chair at all times r.vhen medically possible. pregnant or postpartum prisoners should not be restrained. Postpartum is the twelve-week periocl following childbirth. miscarriage, or abortion. See First Step Act provision for more information. a U. S. Department of Justice United States Marshals Service Modification of Intergovernmental Agreement Agreement Number: 85-10-0004 Page ! of5 t Optional GuardlTrnnsportation Seryices to/from U.S. Courthouse Each prisoner lvill be fully restrained in handcuffs, waist chain, and leg restraints during transportation unless otherwise authorized by the USMS. Pregnant or postpanum prisoners should not be rcstrained. Postpartr.rm is the twelve-week period following childbirth, miscarriage, or abortion. See First Step Act provision for more i Deviations fiom full restraints must be documented and reported monthly to the local district USM, Chief, or their designee and to the USMS POD at PODCoClnquiries@usdoi.qov. Optional Guard/Transportation Services to Justice Prisoner & Alien Transportation System (JPATS) L Each prisoner will be fully restrained in handcuffs, waist chain, and leg restraints cluring transportation unless otherwise authorized by the USMS. Plegnant or postpadum prisoners should not be restrained. Postpartum is the twelve-lveek period follorving childbirth, miscariage, or abortion. See First Step Act provision for more information Deviations from full restraints must be documented and reported monthly to the local district USM, Chief, or their designee and to the USMS POD at PODCoCInquiries@usdoi.eov. Optional Guard Services to Video Teleconference Hearings within Facility l. Each prisoner r.vill be fully restrained in handcuffs, waist chain, and leg restraints during transportation unless otherwise authorized by the USMS. Pregnant or postpartum prisoners should not be restrained. Postpartum is the twelve-rveek period follorving childbirth, miscaniage, or abortion. See First Step Act provision for more inlbrmation. Deviations from full restraints must be documented and reported rnonthly to the local district USM, Chiel or their designee and to the USMS POD at PODCoCInquiries@usdoi.gov Video Teleconference Hearings within the Facitity L lf available, the facility shall furnish. as applicable to this agreernent, allthings necessary for, or incident to, providing Video Teleconference (VTC) hearings within the f'acility. When VTC eqr.ripment is not available at the facility, the Federal Government, in coordination with the Courts, may assist with providing VTC equipment and ancillary items to the facility. Ensuring Access to Voter Registration for Eligible Individuals in Federal Custody l. The facility, to the extent practicable and appropriate, will provide federal prisoners educational materials related to voter registration and voting and. upon request by the federal prisoner, facilitate voting by mail by prisoners who are eligible to vote under the laws of the applicable jurisdiction. The facility will work with state and local election officials and, in appropriate circumstancesr may also work with other reliable sorlrces of voter inforrnation to assist federal prisoners lvith voter registration, voting by mail, and notification of upcoming elections. This clause does not endorse or advocate in support of or in opposition to any candidate or political parfy. a a U. S. Department of Justice United States Marshals Service Modification of Intergovernmental Agreement Agreement Numberl 8s-10-0004 Page 5 of! a Body Worn Camera Information Requestsl. If the Local Government adopts a Body Worn Camera (BWC) use policy that mandates use of BWC for transport or other activities covered under the IGA, the agency shall. upon request by USMS, provide USMS with the audio/video footage and any metadata captured by the BWC pertaining to USMS prisoner incidents. The audi footage and any metadata may be requested by the USMS Body Wom Camera Program and the USMS Office of General Counsel' The agency agrees that no BWC footage depicting a USMS prisoner rvill be released without advance written notification to the USMS. r Restrictive Housing and Suicide Prevention l. For the purposes of this agreement, o'vulnerable population" refers to prisonem who are rnore likely to be victimizecl in confinement settings, including br.rt not lirnited to:juveniles; young adults (age l8-24 at time of admission through conviction); prisoners with serious mental illness; lesbian, gay, bisexual, transgender. intersex, and gender nonconforming prisoners; pregnant and postpartrnn prisoners; and prisoners with medical needs. NO OTHER TNRMS OR CONDITIONS ARE AFFECTED BY THIS CHANGE UNCLASSIFIED//LAW ENFORCEMENT SENS|TIVE (When Completed) U.S. Department of Justice United States Marshals Service Detention Facility Review Date of Detention F Review D FACILITY FACTS Name of Detention Condu DFR FACILITY OVERVIEW Facil Name Address Phone Number Number Closest USMS Office Name Fax Number District ent rivate State Code Date Driving Time from Closest Driving Distance from USMS Office Closest USMS Office minutes miles Points of Contact {lf needed, use "Other Notes Section" on last Date of Last USMS Detention Faci Review page to document more than one point of contact.) Title Name of Contact Phone Extension Email NOTICE: This documenl is lntended FoR oFFlclAL usE oNLY and may contain LAW ENFORCEMENT SENS|TIVE oR ooNF|DENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or diskibution is prohibited. lf you are not the intended recipient. please contact the sender and destroy all copies of lhis document. Any Protected Health lnformation contained in this document is to be usecl only to aid in providing healthcare services to federal prisoners. Any olher use is a violation of Federal HIPAA Law and/or the privacy Act and will bereporled as such. UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Form USM.21B Rev.07/21Page 1 of 22 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Prisoner lnformation (Annotate the number of prisoners per category) Adult Male Adult Female Juvenile Male Juvenile Female Total Facility Bed Capacity Facility Average Daily Population (Last 12 Months) USMS Average Daily Population Local/Non-Federal Average Daily Population Bureau of Prisons Average Daily Population tcE Average Daily Population Security Staff lnformation (Annotate number of authorized and filled positions per facility's staffing plan) Authorized Filled Warden Assistant Warden Chief of Security Shift Supervisors Other Supervisors Corrections Officers Transportation Officers Perimeter Security Restrictive Housing Security Other Security NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENS|TIVE OR CONFTDENTIAL information which is for the sole use of the inlended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. lf you are not the intended recipient' please contact the sender and destroy all copies of this document. Any Protected Health Informalion contained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPM Law andlor the privacy Act and will be reporled as $uch. UNCLASSIFIED/LAW ENFORCEMENT SENSITIVE (When Completed) Form USM.2,1B Page 2 of 22 Rev. e7t?1 UNCLASSIFIED//LAW ENFORCEMENT SENStTIVE (When Completed) Medical Staff lnformation (Annotate number of authorized and filled positions per facility's staffing plan) Authorized Filled Physician Physician's Assistant Nurse Practitioner Registered Nurse Licensed Practical Nurse Mental Health Professional Other Medical Staff Contraband List facility's total number of contraband incidents since last USMS DFR (if applicable) D or Alcohol or Alcohol hernalia Wea Electronic Devices ToolElectronic Device lncidents List facility's total number of incidents since last USMS DFR (if applicabte) Suicides Suicide Esca Ph Assaults on Prisoners icalAssaults on Staff Health Care Grievances Natural Deaths Sexual Assaults on Prisoners SexualAssaults on Staff Homicides Riots/Disturbances Overdose Deaths Overdoses Use of Force Excessive Use of Force NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. lf you are not the intended recipient, please conlact the sender and destroy all copies of lhis document. Any Prolected Health lnformation coniained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPM Law and/or the privacy Act and will be reported as such. UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 3 of 22 Rev. 07/21 A UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Was the USMS notified of all incidents involving USMS prisoners? CYes CNo lncidents Not Reported (lf needed , use "Other Notes Section" on last paqe to document more than one incident.) lncident Use lncident listed a Remarks Court Action lncident blan Date of lncident (lf needed, use "Other Notes Section" on last paqe to document more than one action) Are there any court orders or pending major litigation affecting the facility? CYes C No Case Functional Area ADMI NISTRATION AND MANAGEMENT Date of Court Fi Policy Development and Monitoring Does the facility maintain policies and procedures that describe facility operations, maintenance and administration? CYes CNo Do policies have a date documenting the last time the responsible facility manager/administrator reviewed them to ensure they remain current, accurate and relevant to the facility's operation? CYes CNo lf 'Yes', Date of Last lnternal Review Policy Communication and Access Are policies and procedures communicated to all employees? CYes CNo Does staff have 24ft access to policies and procedures? CYes CNo Prisoner Property and Money Does the facility properly inventory prisoner property? CYes CNo NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTTAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. lf you are nol the intended recipienl, please contact the sender and deshoy all copies of this document. Any Protected Health lnformation contained in this document is to be used only to aid in providing healthcare services to federal prisoners, Any olher use is a violation of Federal HIPAA Law and/or the privacy Act and will be reported as such. UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Compteted) Form USM-2'18 Page 4 of 22 Reu. OT1ZI UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Gompleted) Does the facility properly store prisoner property? CYes CNo Does the facility properly return prisoner property? CYes CNo Does the facility properly inventory prisoner money? CYes CNo Does the facility properly store prisoner money? CYes CNo Does the facility properly return prisoner money? CYes CNo Prisoner Release Has the facility erroneously released ANY prisoner(s) during the review period? CYes CNo Total number of non-USMS prisoners erroneously released Accommodations for Prisoners with Disabilities Total number of USMS prisoners erroneously released lf the facility accepts prisoners with disabilities, are adequate accommodations made available for these prisoners? CYes CNo Contingency/Emergency Plans threaten facility security? (e.9., riots, hunger CYes CNo ls a hard copy of the emergency plan available for incorporation into the district's detention plan? CYes CNo Does the emergency plan have a date documenting the last time the responsible facility manager/administrator reviewed the policy to ensure it remains current, and relevant to the facility's operation? CYes CNo lf 'Yes', Date of Last E Plan Review Does the facility have a written contingency plan in place for situations involving mass prisoner relocation? (e.g., weather, fire, flooding, facility not habitable.) CYes CNo ls a hard copy of the contingency plan available for incorporation into the district's detention plan? CYes CNo NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFTDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or dlskibution is prohibited. lf you are not the intended recipient, please contact the sender and deshoy all copies of this document. Any P.otected Health lnformation contained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a violaiion of Federal HIPAA Law and/or the privacy Act and will be reported as such. UNCLASSIFIED/LAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 5 of 22 Rev, 07/21 Does the facility have a written strikes, disturbances, escapes, emergency plan in place for situations that and hostage situations.) UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Does the contingency plan have a date documenting the last time the responsible facility manager/administrator reviewed the policy to ensure it remains current, and relevant to the facility's operation? CYes CNo lf 'Yes', Date of Last Contingen Plan Review Does the facility's contingency plan include the USMS prisoners housed at the facility? CYes CNo Staff Background Checks Does the facility verify identity of employees, contractors and volunteers prior to hiring via Fingerprints C Yes C No Social Security Number f Yes C No Date of Birth C yes C No Are initial background checks completed for all employees, contractors, and volunteers prior to hiring? CYes CNo Does the facility conduct re-investigations of employees, contractors, and volunteers? CYes CNo lf 'Yes', how often? (Every 2 years, every 5 years, every 10 years, or more than 10 years) Does the background check include verification of: Employment history for the past five (5) years? Residency for the past three (3) years? Credit history to ensure no current delinquency? Credit history to ensure no unresolved liens? Credit history to ensure no accounts in collection? Credit history to ensure no court-ordered judgments ? Does the background check include verification that there are no Felony convictions? Disqualifying misdemeanor convictions? Derogatory civil records? Alcohol dependencies? Drug dependencies? C Yes f Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes CNo CNo CNo CNo CNo CNo CNo C trto CNo CNo CNo Repoding/lnvestigating Staff Misconduct How many administrative allegations of staff misconduct were reported since the last USMS DFR (if applicable)? How many criminal allegations of staff misconduct were reported since the last USMS DFR (if applicable)? NOTICE: This document is intended FoR oFFlclAL usE ONLY and may contain LAW ENFoRCEMENT SENS|T|VE OR CoNFIDENTIAL information which is for the sole use of the intended recipient(s). Any unaulhorized revlew, use, disclosure, or diskibution is prohibited. lf you are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health lnformation contained in this document is to be usedonly to aid in providing healthcare services to federal prisoners. Any olher use is a violation of Federat HlpAA Law and/or the privacy Act and wiil bereported as such. UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218Page6of22 Rev.07/21 UNCLASSIFIED/LAW ENFORCEMENT SE NSITIVE (When Completed) How many criminal allegations of staff misconduct were reported to law enforcement since the last USMS DFR (if applicable)? Prisoner Anti-Discrimination Does the facility have a prisoner anti-discrimination policy that addresses: Age? Disability? Equal Pay/Compensation? Genetic lnformation? Harassment? NationalOrigin? Pregnancy? RacelColor? Religion? Retaliation? Sex? Gender ldentity? Sexual Preference? Sexual Harassment? Are services, programs, and activities provided to all eligible prisoners? Prison Rape Elimination Act (PREA) Compliance C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo Does the facility have a PREA compliance program? C Yes C trto Does the program address the following items: Zero tolerance toward all forms of sexual abuse and sexual harassment? Prevention and response planning? Prisoner training and education? Employee training and education? Screening for risk of sexual victimization? Reporting and investigations? Discipline? Medical/ mental health care? Auditing? Corrective action? State compliance? C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo Has the facility had an audit conducted by a DOJ certified PREA auditor within the past 3 years? CYes CNo NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENS|T|VE OR CONFIDENTTAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclo$ure, or distributlon is prohibited. lf you are not the intended recipient, please contact lhe sender and deskoy all coples of this document. Any Protected Heallh lnformation contained in this document is to be used only to aid :n providing heallhcare services to federal prisoners. Any other use is a vlolation of Federal HIPM Law and/or the Privacy Act and will be reported as such. UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Compteted) PageT ol22 Form USM-218 Rev. 07/21 UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) lf 'No' to the previous question, has a DOJ PREA audit been scheduled? CYes CNo Scheduled DOJ PREA Audit Date ls a hard copy of the PREA audit available? CYes CNo lf 'Yes', Audit Date What was the name of the Auditor? ls there a corrective action plan in place? fYes CNo Has corrective action taken place? CYes CNo Was the facility re-inspected to ensure the violations were correcled properly? CYes CNo HEALTH CARE lntake and Screening Does the facility have policy or procedures for medical screening during intake? CYes CNo Do all prisoners undergo medical screening during the initial intake process? CYes CNo lf 'No', how long after intake does the screening occur? months days ls a comprehensive health appraisal for each prisoner completed within 14-days after initial intake? CYes CNo lf 'No', how long after intake does the appraisal occur? months days Does the facility ensure TB testing during the initial intake process? CYes CNo lf 'No', how long after intake does the TB test occur? months days Are TB test results provided to the USMS within 14 days? CYes CNo NOTICE: This document is intended FOR OFFICIAL USE ONtY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unaulhorized review, use, disclosure, or diskibution is prohibited. lf you are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health lnformation contained in this document is to be used only to aid in providing healthcare services to federal pri$oners. Any olher use is a violation of Federal HIPAA Law and/or the Privacy Act ancl will be reported as such, UNCLASSIFI ED//LAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Rev,07/21Page 8 of 22 UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) lf 'No', when were results provided? months days Do all prisoners undergo mental health screening during the initial intake process? CYes CNo lf 'No', how long after intake does the mental health screening occur? months days Do all prisoners undergo dental health screening during the initial intake process? CYes CNo lf 'No', how long after intake does the dental health screening occur? months days Are all medicalscreening results reviewed by a physician? CYes CNo How long after intake does this occur? months days Are medical screening records maintained for every prisoner? CYes CNo Medical, Dental, and Mental Health Does the facility have a medical unit staffed 2417? CYes CNo Does the facility employ an on-site mental health professional? CYes CNo Are prisoners with mental health issues identified as part of the vulnerable population? CYes CNo Are prisoners with mental health issues referred to qualified mental health professionals? CYes CNo Routine, Chronic, and Emergency Health Services Are all prisoners made aware of the process for requesting health care services? CYes CNo Does the facility have a policy or procedures for identifying medical emergencies? CYes CNo Does lhe facility provide access to prescription medication? CYes CNo NoTlcE: This document is intended FOR oFFlclAL USE oNLY and may contain LAW ENFoRCEMENT SENslTlvE oR CoNFIDENT|AL information which is tor the $ole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. lf you are not the intended recipient, please contact lhe sender and destroy all copies of this document. Any Protected Heallh lnformation contained in this document is to be used only to aid in providing heallhcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Page I of 22 Form USM-218 Rev.07121 U NCLASSI FIEDI/LAW ENFORCEMENT SENSITIVE (When Completed) Does the facility participate in the NMCC? CYes CNo Does the facility have an onsite pharmacy? CYes CNo Does the facility document prisoner health care grievances? CYes CNo Response to Medical, Mental and Dental Heatth Needs Are all prisoners available? CYes CNo who require health care beyond the capacity of the facility transfe rred to a facility where such care is Are facility staff CPR/First Aid certified? CYes CNo With the exception of emergencies, does the facility use POD Medical Management to request approval for outside medical services? CYes CNo Does the facility immediately notify the district in the event of a USMS prisoner medical emergency? CYes CNo Suicide Prevention Does the facility have a suicide prevention program? CYes fNo Does the facility document staff training for prisoner suicide prevention? CYes CNo Does the facility have procedures for identifying prisoners at risk for suicide? CYes CNo Does the facility have procedures for monitoring prisoners at risk for suicide? CYes CNo How often are welfare inspections conducted on suicidal prisoners? Select. Does the facility report suicidal gestures, remarks, tendencies and attempts to the USMS? fYes CNo Does the facility provide mental health services to suicidal prisoners? (t Yes C No Does the facility report restrictive housing of suicidal prisoners to the USMS? CYes CNo NOTICE: This document is lntended FoR oFFlclAL usE ONLY and may contain LAW ENFORCEMENT SENS|TIVE oR CONFIDENTTAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, dlsclosure, ordlslribution is prohibited. lf you are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health lnformation contained in this document is to be used only t0 aid in providing healthcare services to federal prisoners, Any other use is a violation of Federal HIPM Law and/or the privacy Act and will be reporled as such. UNCLASSI FIED//LAW ENFORC EM ENT SENS|TIVE (When Compteted) Form USM-218 Page 1A of 22 Rev. 0Zl21 - UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) How many suicidal prisoners were placed in restrictive housing during the rating period? Prisoner Death Does the facility have procedures to respond to a prisoner's death? CYes CNo Does the facility immediately notify the USMS in the event of a USMS prisoner death? CYes CNo Does the facility review each prisoner death? CYes CNo lnfectious Disease Does the facility have policy or procedures to address the management and reporting of infectious and communicable diseases? CYes CNo Does the plan include: HIV? Tuberculosis? Hepatitis? lnfluenza? Chlamydia? COVID? Ebola? HPV? Salmonella? Scabies? Zika? E. coli? Chicken Pox? C Yes (^ Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes C Yes CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo CNo Does the facility have an infectious and communicable disease policy or procedures to: lnclude identify prisoners with infectious and communicable diseases? C yes Treat prisoners with infectious and communicable diseases? C yes Quarantine prisoners with infectious and communicable diseases? C yes Does the facility report all cases of infectious and communicable diseases to the USMS? CYes CNo CNo CNo CNo Does the facility maintain adequate PPE for all staff in the event of a pandemic? CYes CNo NOTICE: This document is intended FoR oFFlclAL usE ONLY and may contain LAW ENFoRcEMENT sENSrTtvE oR coNFtDENTtAL information whiah is for the sole use of the intended recipient(s). Any unauthorlzed review, use, disclosure, or distribulion is prohibited. lf you are not the intended recipient, please conlact the sender and destroy all copies of lhis document. Any Protected Health lnformation contained in lhis document is to be used only lo aid in providing healthcare services to federal prlsoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and will be reporled as such. UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Page 11 of 22 Form USM-218 Rev, 07/21 UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Does the facility maintain adequate PPE for all prisoners in the event of a pandemic? CYes CNo SECURITY AND CONTROL Gorrectional Supervision Are correctional officer posts located i promptly to emergency situations? n, or immediately adjacent to, prisoner living areas so officers can respond CYes fNo Are prisoners managed and supervised 24ft? CYes CNo Security Features Are weekly inspections of all security devices conducted? CYes CNo Security Inspections Does the facility conduct intermittent security sweeps of all areas prisoners occupy? CYes CNo Searches and Gontraband Does the facil ity have procedures for searching prisoners for contraband upon arrival to the facility? CYes CNo Does the facility have procedures for searching prisoners for contraband prior to transporting the prisoner? CYes CNo Does the facility have procedures for searching prisoners for contraband after prisoner visitation? CYes CNo Does the facility have procedures for searching prisoners for contraband after work details? CYes CNo Does the facility notify the USMS if a USMS prisoner is found with contraband? CYes CNo Prisoner Accountability and Supervision Does the facility have procedures for physically counting prisoners? CYes CNo Number of counts NOTTCE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENS|T|VE OR CONFIDENTTAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. lf you are not the intended recipient, please contact the sender and destroy all copies of this documenl. Any Protected Health lnformalion contained in this document is to be used only to aid in providing healthcare services lo federal prisoners. Any olher use is a violation of Federal HIPM Law andlor the Privacy Act and will be reporled a6 such. UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Rev.07/21Page 12 ol 22 UNCLASSIFIED//LAW ENFORCEMENT SENS|TIVE (When Compteted) Use of Force Does the facility have procedures for use of force? CYes CNo Does the facility document and report use of force? CYes CNo Does the facility investigate all use of force incidents? CYes CNo Non-routine Use of Restraints Does the facility have procedures for use of restraints? CYes CNo ls the use of restraints on pregnant or postpartum USMS prisoners reported to the USMS? CYes CNo Number of pregnant USMS prisoners since the last USMS DFR (if appticable). Number of times pregnant or postpartum USMS prisoners were restrained since the last USMS DFR (if applicable). Key Gontrol ls the use of keys controlled and inventoried? CYes CNo Tools and Gulinary Equipment Control ls the use of tools and culinary equipment controlled and inventoried? CYes CNo How many missing items during the rating period? Weapons Control Does the facility have procedures for the control and use of firearms and less-than-lethal devices? CYes CNo Prisoner Handbook and Discipline Do prisoners have 2417 access to a prisoner rule/handbook in English? CYes CNo NOTICE: This document is inlended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorlzod revlew, use, disclosure, or dishibution is prohibited. lf you are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health lnformation contained in this document is to be used only to aid in providing healthcare seryices to federal prisoners. Any other use is a violalion of Federal HIPM Law andior the Privacy Act and will be reported as such. UNCLASSIFIEDI/LAW ENFORCEMENT SENSITIVE (When Completed) Page 13 of 22 Form USM-z18 Rev. 07/21 UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Does the English prisoner rule/handbook include facility rules and disciplinary procedures for violations? CYes CNo Do prisoners have 2417 access to a prisoner rule/handbook in Spanish? CYes CNo Does the Spanish prisoner rule/handbook include facility rules and disciplinary procedures for violations? CYes CNo Restrictive Housing Does the facility have written procedures for restrictive housing? CYes CNo Does the facility have written procedures for monitoring prisoners in restrictive housing? CYes CNo Does the facility immediately report restrictive housing of any USMS prisoner in the vulnerable population? CYes CNo How many USMS prisoners in the vulnerable population were placed in restrictive housing since the last USMS DFR (if applicable)? Does the facility report restrictive housing of every USMS prisoner, monthly to the USMS? CYes CNo How many USMS prisoners were placed in restrictive housing since the last USMS DFR (if applicable)? How does the facility report restrictive housing to the USMS? I Email I lnvoices I Restrictive Housing Module Does the facility have procedures for reintegration of a prisoner from restrictive housing into the general population? CYes fNo Does the facility notify the prisoner of the reason for restrictive housing? CYes CNo Criminal Organization (lf needed, use "Other Notes Section" on last page to document more than one orqan ization.) Does the facility collect criminal organization or security threat group information? CYes CNo Name of Criminal ization olD NOTICEi This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for lhe sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or dislribution is prohibited, lf you are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health lnformation contained in this document is to be used only to aid in providing healthcare services to federal prisone.s. Any other use is a violalion of Federal HIPAA Law andior the Privacy Act and will be reported as such. UNCLASSI FIE DllLAW ENFORCEMENT SENSITIVE (When Compteted) Page 14 of 22 Form USM-218 Rev. 07121 UNCLASSIFIEDILAW ENFORCEMENT SENS|T|VE (When Compteted) FOOD SERVICE Sanitation Requirements Has the facility been inspected by an exte rnal party within the past 1 2 months to ensure that the food service and equipment meets established health, sanitation, and safety protocols? CYes CNo lf 'Yes', Date of lnspection Were any violations identified? C Yes t^ No Have those violations been corrected? CYes CNo Was the facility re-inspected to ensure the violations were corrected properly? CYes CNo Adequate and Varied Meals Does the facility provide 3 meals per day? CYes CNo Does the facility provide a minimum of 2 hot meals per day? CYes CNo Does the facility provide meals that are nutritionally adequate and varied, as approved by a dietitian? CYes CNo Does the facility serve meals that match the approved meal menus? CYes CNo Does the facility provide special meals for prisoner religious or medical needs? CYes CNo SAFETY AND SANITATION Fire Safety Are annual fire safety inspections conducted by state or localfire officials? CYes CNo lf 'Yes', Date of lnspection NOTICE: This document is intended FoR oFFlclAL usE oNLY and may contain LAW ENFoRCEMENT sENStTtvE oR coNFtDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized revlew, use, disclosure, or distribution ls prohibited. lf you are not the iniended recipient, please contact the sender and destroy all copies of this document. Any Protected Health lnformation conlained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or lhe privacy Act and will be reported as such. UNCLASSIFIED//LAW ENFORCEMENT SENStTtVE (When Compteted) Page 15 ot22 Form USM-218 Rev. 07/21 UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Were any violations identified? CYes CNo Have those violations been corrected? CYes fNo Was the facility re-inspected to ensure the violations were corrected properly? CYes CNo Control of Dangerous Materials Does the facility have and chemicals? procedures for the maintenance, inventory , and storage of flammable, toxic, and caustic materials CYes CNo Does the facility have adequate personal protective equipment for the safe handling of chemicals? CYes CNo Does the facility receive training on the safe use of each chemical? CYes CNo lf yes to the above question, is the training documented? CYes CNo Clothing, Laundry and Bedding Are all prisoners uniforms, socks, CYes CNo issued at least two clean sets of temperature appropriate and properly sized clothing, to include undenivear, t-shirts, braziers, and shoes? Do prisoners have access to laundry facilities, or the ability to have lheir clothing items washed? CYes CNo Do all prisoners receive adequate bedding, to include blanket, sheels, mattress and pillow? CYes CNo How often is bedding washed or exchanged? (Weekly, Every 2 weeks, Every 3 weeks, Monthly, Every other month, Never) Are exceptions to the laundry schedule made when clothes are soiled? CYes CNo Are exceptions to the linen schedule made when linen and mattresses are soiled? CYes CNo Are mattresses a minimum of 12 inches from the floor? CYes CNo NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENS|TIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use. disclosure, or diskibution is prohibited. lf you are not the iniended recipient. please conlact the sender and deslroy all copies of lhis document. Any Protected Health lnformation contained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law andlor the privacy Act and will be reporled as such. UNCLASSIFI ED//LAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 16 o! 22 Rev. 07i2.,1 UNCLASSIFIED//LAW ENFORCEMENT S ENSIT|VE (When Completed) Housing Are single cells a minimum of 56 square feet? CYes CNo Are double cells a minimum of 72.5 square feet? CYes CNo Does the facility triple bunk or use boat beds? CYes CNo How many times did the facility triple bunk or use boat beds since the last USMS DFR (if applicable)? Personal Hygiene Are the following available at no cost: Soap? Toothpaste? Razors? Shampoo? Sanitary Napkins? Tampons? C Yes C Yes C Yes C Yes C Yes C Yes CNo CNo CNo CNo CNo CNo Do all prisoners have 2417 access to an operable toilet? (.Yes CNo Do all prisoners have 2417 access to a washbasin with hot and cold running water? CYes CNo Physical Facility and Equipment ls the facility kept clean and in good repair? CYes CNo ls all facility equipment in proper working order? CYes CNo ls there any evidence or sign of moid? CYes CNo ls there any evidence or sign of insects? CYes CNo ls there any evidence or sign of rodents? CYes CNo NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unaulhorized review, use, disclosure, or dishibution is prohibited, lf you are nol the intended recipient, please conlact the sender and destroy all copies of lhis document. Any Protected Health lnformation contained in this document is to be used only to aid in providing healthcare services to federal prisoners, Any olher use is a vlolation of Federal HIPAA Law and/or the privacy Act and will be reported as such. UNCLASSIFIED//LAW ENFORCEMENT SENS|T|VE (When Compteted) Page 17 of 22 Form USM-218 Rev.07l21 U NCLASSI FIED//LAW ENFORCEMENT SENSITIVE (When Completed) Does the facility have adequate environmental controls to provide for indoor prisoner living conditions with air temperatures maintained between 69 and 76 degrees? CYes CNo SERVICE AND PROGRAMS Classification, Review, and Housing Does the facility have a procedure for prisoner classification, placement, and management? CYes CNo Does the facility regularly review a prisoner's behavior or circumstances to determine housing placement? CYes CNo Are all USMS prisoners clearly identified in the facility's ctassification system? CYes CNo Copay and Fees Are prisoners charged a fee for haircuts? CYes CNo lf 'Yes', are all prisoners charged the same fee? CYes CNo Are prisoners charged a fee for meals? CYes CNo lf 'Yes', are all prisoners charged the same fee? CYes fNo Are prisoners charged a fee for medical co-pay? CYes CNo lf yes, are all prisoners charged the same fee? CYes CNo Religious Practices Do prisoners have the opportunity to participate in the religious practice of their faith? CYes CNo Volunteer Work Assignments Does the facility ensure that un-sentenced prisoners are not required to work unless they volunteer to do so? CYes CNo Does the facility pay prisoners forwork? CYes CNo NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTTAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distributlon is prohibited. lf you are not the intended recipient, please contact lhe sender and deshoy all copies of this document. Any Protected Heallh lnformation contained in this document is to be used only to aid in providing healthcare services to federal prisoners, Any other use i$ a violatlon of Federal HIPM Law and/or lhe Privacy Act and wiil be reported as such. UNCLASSI FIED/LAW ENFORC EMENT SENSIT|VE (When Compteted) Page 18 of22 Form USM-218 Rev.07121 UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Are USMS prisoners assigned to work outside of the secure perimeter of the facility? f- Yes C No Does the facility document all USMS prisoner work assignments? CYes CNo Prisoner Grievance Prog ram ls a grievance procedure that includes at least one level of appeal available to all prisoners? CYes CNo Juveniles Does the facility house juveniles? lf 'No', move to next section CYes CNo Does the facility have procedures for housing juveniles? CYes CNo Does the facility house prisoners between 18-21 who are charged as juveniles? CYes CNo Does the facility ensure the special diet, exercise, and education needs of juvenile prisoners are met? CYes CNo Does the facility place prisoners under 21 who are charged as juveniles in restrictive housing? CYes CNo Does the facility ensure that voluntary and involuntary restrictive housing of prisoners under 21 who are charged as juveniles are removed from restrictive housing every 3 hours? CYes CNo Does the facility immediately report juvenile segregation or restrictive housing of USMS juvenile prisoners? CYes CNo Exercise and Out-of-Gell Opportunities Does the facility provide prisoners with opportunity for exercise and out-of-cell time? CYes CNo Telephone Access Do prisoners have adequate access to telephones? CYes CNo NOTICE: Thi$ document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTTAL informaiion which is for the sole use of the lntended recipient(s). Any unaulhorized .eview, use, disclosure, or distribution is prohibitecl. lf you are nol the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health lnformation contained in this document is to be used only to aid in ptoviding healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 19 of22 Rev.07/21 UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Gompleted) Access to the Courts and Legal Materials Do prisoners have access to the courts? CYes CNo Do prisoners have access to legal material/law library? CYes CNo Access to Legal Representation Do the prisoners have confidential access to counsel via telephone? CYes CNo Do the prisoners have confidential access to counsel via written correspondence? CYes CNo Do the prisoners have confidential access to counsel via visitation? CYes CNo Visitation Does the facility have a prisoner visitation program? CYes CNo Does the prisoner visiting room have barriers to prevent contact visitation? CYes CNo NoTICE; This document is intended FOR oFFlclAL USE ONLY and may contain LAW ENFoRCEMENT SENS|TIVE OR CONFTDENTIAL information which is for the sole u$e of lhe intended recipient(s). Any unauthorized roview, use, disclosure, or dishibution is prohibited. lf you are nol the intended recipienl, please contact the sender and destroy all copies of lhis document. Any Protected Health lnformation contained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a vlolation of Federal HIPM Law and/or the privacy Acl and will be reported as such. UNCLASSIFIED//LAW ENFORCEMENT S ENSITIVE (When Compteted) Page 20 of 22 Form USM-218 Rev. 07/21 U NCLASSI FIED//LAW ENFORCEMENT SENSITIVE (When Completed) CONCLUSION Other Notes NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or diskibution is prohibited. lf you are not the inlended recipient, please contact the sender and destroy all copies of this document. Any Protected Health lnlormation contained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPM Law and/or the Privacy Act and will be reported as such. UNCLASSIFtED//LAW ENFORCEMENT SENS|TIVE (When Completed) Form USM-218 Page21 ot22 Rev.07/21 ! UNCLASSIFIEDTLAW ENFORCEMENT SENSITIVE (When Completed) Additional Points of Contact Title Name of Contact Phone Number n EmailAddress Detention Facility Review (DFR) Gertification I certify that this facility was rnspecfed by an 0082 or 1811 with a current USM-222, Additionat Duty Designation designating them as a Detention Facility Inspector and that applicable Correclive Action Recommendations were provided to the facility. Date NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTTAL informarion which ls for the sole use of lhe intended recipient(s). Any unauthotized review, use, disclosure, or distribution is prohibiled. lf you are not the intended recipient, please contacl the sender and destroy all copies of this document. Any Protected Health lnformation contained in this documenl is io be used only to aid in providing heallhcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218Page22of22 Rev.07t21 U. S. Department of Justice United States Marshals Service Kil illAlt ti{JrrilrY gnEttlFr ' 1.-. ':. .: ': , ,!'; r ' i , i . : . " . t, :, , t'l_j Detention Services Intergovern mental Ag reement 1. Agreement Number B5-10-0004 2. Effective Date See Block 19 3, Facility Code(s) OBU 4. DUNS Number 01-020^2547 5, Issulng Federal Agency United States Marshals Service Prisoner Operations Division 2604 Jefferson Davis Hwy Alexandria , VA 223A1 6. Local Government Kittitas County 205 W 5th Avenue Suite l/Jail Ellensburg, WA 98926 Tax ID#: 91-6001349 7. Appropriation Data 15X1020 B, Local Contact Person Paula Hoctor, Commander 9. Tel: Email: (509) 962-761e paula. hoctor@co. kittitas.wa, us-. .-j ' Per-Diem Rate 10, This agreement is for the houslng, safekeeping, and subsistence of federal prisoners, in accordance with content set forth herein. 11, Male: 10 L2. $50.00 13, Optional Guard/Transportation Services to: I Medical Facility tr U.S. Courthouse L4, Guard/Transportation Hourly Rate: $N/A Mlleage shall be relmbursed by the Federal Government at the GSA Federal Travel Regulation Mileage Rate, 15. Local Government Certification To the best af my knowledge and belief, information submitted in support of this agreement is true and correct, this document has been duly authorized by the bady governing the Department or Agency and the Department or Agency will comply with all provisions set forth herein. 16. Signature Pe orized to Sign (Local) Signature Gene Dana Print Name Sheriff ) Title Date lT.Prisoner and Detainee Type Authorized Xndult t,tale tr RAutt Female E Juvenile Mate E Juvenile Female 18. Other Authorized Agency User N BOP f] ICE 19. Signature of Authorized to Sign (Federal) Signa Marv Horsev Print Name Grants Specialist litAR - 2 huf, Title Date Page 1 of 11 Agreement Number 85-1O-O0O4 Authority 3 3 3 4 4 5 6 6 7 7 7 BI 9 9 9 9 Purpose of Agreement and Security provlded Period of Performance Assignment and Outsourcing of Jail Operations. Medical Services Receiving and Discharge of Federal Detainees optional Guard/Transportation services to Medical Facil ity Optional Guard/Transportation Services to U.S, Courth ouse Special Notifications.... Prisoner Rape Elimination Act (PREA) ,..,..... Service Contract Act . Per-Diem Rate. Billing and Financial Provisions Payment Procedures ....... Modifications and Disputes Inspection of Services .. Litigation Prisoner Rape Elimination Act Reporting Information 11 Page 2 of 11 Agreement Number 85-1O-00O4 Authority Pursuant to the authority of Section 119 of the Department of Justice Appropriations Acts of 2001 (Public Law 105-553), this Agreement is entered into between lhe United States Marshals Service (hereinafter referred to as the "Federal Government,,) andKittitas County (hereinafter referred to as the "Local Government"), who heieby agree as follows: Purpose of Agreement and Security provided The Federal Government and the Local Government establish this Agreement that allowsthe United States Marshals Service (USMS) to house federal detainees with the Local Government at the Kittitas county sheriff's office (hereinafter referred to as..thefacility") The population (hereinafter referred to as "federal detainees") will include individuals charged with federal offenses and detained while awaiting trial, individuals who have been sentenced and are awaiting designation and transport to a Bureau of Prisons (BOp)facility, and individuals who areiwaiting a hearing on their immigration status or deportation. The Local Government shall accept and provide for the secure custody, safekeeping, housing, subsistence and care of federal detainees in accordance with all state and-local laws, standards, regulations, policies and court orders applicable to the operation of thefacility. Detainees shall also be housed in a manner that is consistent with federal law and the Federal Performance-Based Detention standards. The USMS ensures the secure custody, care, and safekeeping of USMS detainees. Accordingly, all housing or work assignments, and recreation or other activities for USMS detainees are permitted only within secure areas of the building or within the secure external recreational/exercise areas, At all times, the Federal Government shall have access to the facility and to the federal detainees housed there, and to all records pertaining to this Agreement, including financial records, for a period going back three (3) years fromlhe date of requ"rl by the Federal Government. Period of Performance This Agreement is effective upon the date of signature of both parties, and remains ineffect unless terminated by either party with written notice. fne Local Government shallprovide no less than thirty (30) calendar days notice of their intent to terminate. Wherethe Local Government has received a Cooperative Agreement Program (CAp) award, thetermination provisions of the CAp prevail. Page 3 of 11 Agreement Number 85-10-O0O4 Assignment and Outsourcing of Jail Operations Overall management and operation of the facility housing federal detainees may not be contracted out without the prior express written consent of the Federal Government. Medical Services The Local Government shall provide federal detainees with the full range of medical care inside the detention facility. The level of care inside the facility should be the same as that provided to state and local detainees. The Local Government is financially responsible for all rnedical care provided inside the facility to federal detainees. This includes the cost of all medical, dental, and mental health care as well as the cost of medical supplies, over the counter prescriptions and, any prescription medications routinely stocked by the facility which are provided to federal detainees. The cost of all of the above-referenced medical care is covered by the federal per diem rate. However, if dialysis is provided within the facility, the Federal Government will pay for the cost ofthat service. The Federal Government is financially responsible for all medical care provided outside the facility to federal detainees, The Federal Government must be billed directly by the medical care provider not the Local Government. In order to ensure that Medicare rates are properly applied, medical claims for federal detainees must be on Centers for Medicare and Medicaid (CMS) Forms in order to be re-priced at Medicare rates in accordance with Title 18, USC Section 4006. The Local Government is required to immediately forward all medical claims for federal detainees to the Federal Government for processing. All outside medical care provided to federal detainees must be pre-approved by the Federal Government. In the event of an emergency, the Local Government shall proceed immediately with necessary medical treatment. In such an event, the Local Government shall notify the Federal Government immediately regarding the nature of the federal detainees illness or injury as well as the types of treatment provided. Medical care for federal detainees shall be provided by the Local Government in accordance with the provisions of USMS, Publication 100-Prisoner Health Care Standards (www..Usmarshals.gov/pri$qn-er/standards.htln) and in compliance with USMS Inspection Guidelines, Form USM-218 Detention Facility Investigative Report. The Local Government is responsible for all associated medical recordkeeping, The facility shall have in place an adequate infectious disease control program which includes testing of all federal detainees for Tuberculosis (TB) as soon as pbssible after intake (not to exceed 14 days). When Purified Protein Derivative (PpD) skin tests are used, they shall be read between 48 and Tzhours after placement. TB testing shall be accomplished in accordance with the latest Centers for Disease Control (CDC) Guidelines and the result promptly documented in the federal detainee:s Page 4 of 11 Agreement Number 85-1O-OOO4 medical record' Special requests for expedited TB testing and clearance (to includetime-sensitive moves) will be accomplished through advance coordination by the FederalGovernment and Local Government. The Local Government shall immediately notify the Federal Government of any cases ofsuspected or active TB or any other highly communicable disease such as Severe Acute Respiratory Syndrome (SARS), Avian Flu, Methicillin-Resistant Staphylococcus Aureus(MRSA), Chicken Pox, etc,, which might affect scheduled transports or productions sothat protective measures can be taken by the Federal Government. When a federal detainee is being transferred and/or released from the facility, all unusedprescription medication will go with the prisoner to the next facility. When possible, generic medications should be prescribed. Medical records must travel with the federaldetainee. If the records are maintained at a medical contractor's facility, it is the LocalGovernment's responsibility to obtain them before a federal detainee is moved. Federal detainees may be charged a medical co-payment by the Local Government in accordance with the provisions of Title 18, USC Section 4013(d). The Federal Governrnent is not responsible for medical co-payments and cannot be billed for thesecosts even for indigent federal prisoners. Receiving and Discharge of Federal Detainees The Local Government agrees to accept federal detainees only upon presentation by alaw enforcement officer of the Federal Government with proper agency credentials. The Local Government shall not relocate a federal detainee frorn one facility under itscontrol to another facility not described in this Agreement withou't permission of theFederal Government. The Local Government agrees to release federal detainees only to law enforcement officers of the Federal Government agency initially committing the federal detainee (i.e., Drug Enforcement Administration, Immigration and Customs Enforcement, etc,) or to aDeputy United States Marshal (DUSM). Those federal detainees who are remanded tocustody by a DUSM may only be released to a DUSM or an agent specified by the DUSMof the Judicial District. USMS federal detainees sought for a state or local court proceeding must be acquiredthrough a Writ of Habeas Corpus or the Interstate Agreement on Detainers and thenonly with the concurrence of the district united states Marshal (usM). Page 5 of 11 Agreement N umber 85-IO-OOO4 optional Guard/Transportation services to Medical Facility If Medical Facility in block 13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide transportation and escort guard services for federal detainees housed at their facility to and from a medical facility for outpatient care, and transportation and stationary guard services for federal detainees admitted to a medical facility. These services should be performed by at least two (2) armed qualified law enforcement or correctional officer personnel. If the Local Government is unable to meet this requirement, the Local Government may seek a waiver of this requirement from the local USM. The Local Government agrees to augment this security escort if requested by the USM to enhance specific requirement for security, prisoner monitoring, visitation, and contraband control. If an hourly rate for these services has been agreed upon to reimburse the Local Government, it will be stipulated on page one (1) of this Agreement. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Optional Guard/Transportation Services to U,S, Gourthouse If U.S. Courthouse in block 13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide transportafion and escort guard services forfederal detainees housed at its facility to and from the U.S. Courthouse. These services should be peformed by at least two (2) armed qualified law enforcement or correctional officer personnel. If the Local Government is unable to meet this requirement, the Local Government may seek a waiver of this requirement from the local U.S. Marshal. The Local Government agrees to augment this security escort if requested by the USM to enhance specific requirements for security, detainee monitoring, and contraband control. Upon arrival at the courthouse, the Local Government's transportation and escort guards will turn federal detainees over to a DUSM only upon presentation by the deputy of proper law enforcement credentials. The Local Government will not transport federal detainees to any U.S. Courthouse without a specific request from the USM who will provide the detain€€:s name, the U.S. Courthouse, and the date the detainee is to be transported. Each detainee will be restrained in handcuffs, waist chains, and leg irons during transportation. Page 6 of 11 Agreement Nurnber 85-1O-OOO4 If an hourly rate for these services has been agreed upon to reimburse the Local Government, lt will be stipulated on page one (1) of this Agreement, Mileage shall be reimbursed in accordance with the current GSA mileage rate. Special Notifications The Local Government shall notify the Federal Government of any activity by a federal detainee which would likely result in litigation or alleged criminal activity. The Local Government shall immediately notify the Federal Government of an escape of a federal detainee. The Local Government shall use all reasonable means to apprehend the escaped federal detainee and all reasonable costs in connection therewith shall be borne by the Local Government. The Federal Government shall have primary responsibility and authority to direct the pursuit and capture of such escaped federal detainees, Additionally, the Local Government shall notify the Federal Government as soon as possible when a federal detainee is involved in an attempted escape or conspiracy to escape from the facility. In the event of the death or assault of a federal detainee, the Local Government shall immediately notify the Federal Government. Prisoner Rape Elimination Act (PREA) The facility is requested to post the Prisoner Rape Elimination Act brochure/bulletin in each housing unit of the facility. All detainees have a right to be safe and free from sexual harassment and sexual assaults. (See Attached) Service Contract Act This Agreement incorporates the following clause by reference, with the same force and effect as if it was given in full text, Upon request, the full text will be made available. The full text of this provision may be accessed electronically at this address: www.arnet.gov. Federal Acquisition Regulation Clause(s) : 52.222-41 service contract Act of 1965, as Amended (July 2005) 52.222-42 statement of Equivalent Rates for Federal Hires (May 1gB9) 52.222-43 Fair Labor Standards Act and the Service Contract Act - Price Adjustment (Multiyear and Option Contracts) (May 19Bg) The current Local Government wage rates shall be the prevailing wages unless notified by the Federal Government, Page 7 of 11 Agreement Number 85-1O-OOO4 Per-Diem Rate The Federal Government will use various price analysis techniques and procedures to ensure the per-diem rate established by this Agreement is considered a fair and reasonable price. Examples of such techniques include, but are not limited to, the following: 1, Comparison of the requested per-diem rate with the independent governrnent estimate for detention services, otherwise known as the Core Rate; 2. Comparison with per-diem rates at other state or local facilities of similar size and economic conditions; 3. Comparison of previously proposed prices and previous Federal Government and commercial contract prices with current proposed prices for the same or similar items; 4. Evaluation of the provided jail operating expense information; The firm-fixed per-diem rate for services is $6O.OO, and shall not be subject to adjustment on the basis of Kittitas County actual cost experience in providing the service, The per-diem rate shall be fixed for a period from the effective date of the Agreement forward for thirty-six (36) months. The per-diem rate covers the support of one (1) federal detainee per"federal detainee ddy", which shall include the day of arrival, but not the day of departure. After thirty-six (36) months, if a rate adjustment is desired, the Local Government shall submit a request through the Electronic Intergovernmental Agreements area of the Detention Services Network (DSNetwork). All information pedaining to the jail on the DSNetwork will be required before a new per-diem rate can be considered, Billing and Financial Provisions The Local Government shall prepare and submit for certification and payment, original and separate invoices each month to each Federal Government component responsible for federal detainees housed at the facility. Addresses for the components are: United States Marshals Service Eastern District of Washington 888 Thomas S. Foley U.S. Courthouse 920 W. Riverside Ave. Spokane, WA 99201 (509) 3s3-2781 Page B of 11 Agreement Number 85-1O-O0O4 To constitute a proper monthly invoice, the name and address of the facility, the name of each federal detainee, their specific dates of confinement, the total days to be paid, the appropriate per-diem rate as approved in the Agreement, and the total amount billed (total days multiplied by the per-diem rate per day) shall be listed, along with the name, title, complete address and telephone number of the Local Government official responsible for invoice preparation. Nothing contained herein shall be construed to obligate the Federal Government to any expenditure or obligation of funds in excess of, or in advance of, appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C, 1341. Payment Procedures The Federal Government will make payments to the Local Government on a monthly basis, promptly after receipt of an appropriate invoice; The Local Government shall provide a remittance address below: Kittitas County 2O5 W. sth Avenue Suite Lllall Ellensburg, WA 98926 Modifications and Disputes Either party may initiate a request for modification to this Agreement in writing. All modifications negotiated will be effective only upon written approval of both parties. Disputes, questions, or concerns pertaining to this Agreement will be resolved between appropriate officials of each party, Both parties agree they will use their best efforts to resolve the dispute in an informal fashion through consultation and communication, or other forms of non'binding alternative dispute resolution mutually acceptable to the parties. Inspection of Services The Local Government agrees to allow periodic inspections of the facility by Federal Government inspectors, Findings of the inspection will be shared with the facility administrator to promote improvements to facility operations, conditions of confinement, and levels of services, Litigation The Federal Government shall be notified, in writing, of all litigation pertaining to this Agreement and be provided copies of any pleadings filed or said litigation within five (5) working days of the filing. Page 9 of 11 Agreement Number 85- 10-OOO4 The Local Government shall cooperate with the Federal Government legal staff andlor the United States Attorney regarding any requests pertaining to Federal Government or Local Government litigation. Page 10 of 11 Pfisoner Rape Eliminatiqn ActReoortinE InformationSEXUAL ASSAULT A\PARENESSThis document is requested to be posted in eachHousing Unit Bulletin Board at all ContractDeteation Facilities. This docunrent may be usedand adapted by IntergovcrUrrental ServiceAgreement Providers.'While detained by the Depa^ttment ofJustice,United States Mamhals Servicg you have a right tobe safe and free from sexual harassment andsexual assaults.DefinitionsA. Detainee-on-Detainee SexualAbuse/AssaultOne ot more detainees engaging in orattempting to ergage in a sexual act.erithanother detainee or the use of threats,intimidatiorq inappropriate touching orother actions and/or communications by oneot mo:re detainees aimed at coercing atd/orpressudng another detainee tq sngrge is asexual zct-B. Staff-on-Detainee Sexual Abuse /AssaultStaffmember engaging nr, or attempfing toeflgage in a sexual act vrith any detainee or &eintendonal touching of a detaineds genitalia,anus, groin, breast, inner thigh, or buttocks withthe intent to abrrse, humiliate" harass, degrade,afouse, ot grati$r the sexual desircs of anyperson. Sexual abuse/assault of detaineesby staffor other detainees is aninappropriate use of power and isprohibited by DO] policy and the law.C. StaffSexual Misconduct is:Sexual behavior betrveen a staff member anddetainee which can include, but is not limited toindecerrg profane or abusive language orge€fiffes and inapptopriate visual surveillance ofdetainees-PtohibitedA€sA detaineq who engages in inappropdate sexualbehaviot with or directs it at others, can bechatged with the following Prohibited Acts urrderthe Detainee Disciplinary Policy.flsing A-busive or Obscene Langu4geSexualAssaultMaking a Sexual ProposalIndecent ExposureEngaging in SexActDete_nlion as a Safe Em'ironmeat\X&ile you are detained, no one has the right topressure you to engage in squal acts or engage inunwanted sexual behavior regardless ofyour age,6ize, frce, or ethnicity. Regardless of your sexualotieotadoa, you have the dglt to be safe ftomunwanted sexual advaoces and acts.Confi.dentialiwInfornation conceuring the identity of a detaineevictim reporting a sexual assaulg and the facts ofthe teport itself shall be limited to ihose whohave the need to know in order to make decisionsconcerning the detainee-vicdrn's welfzre and fotlaw enforcement investigative pu{pos es.Report AII Assaults!Ifyou becorne a victirn of a sexual assaulq youshould rq>ort it irxnediately to axy saff personyou trust, to include housing officers, chaplains,Page 11 of 11medical staff, supenrisots or Deputy U.S.I\{arshals. Staffmerrrbers keep the reportedinforrnation confidential and onty discuss it withthe appropriate officials on a need to know basis.If you are not cornfortable repo*ing the assault tostaf{ you have other options:r Sfrite a letter reporting the sexual misconductto rhe person in charge or the United StatesMarshai. To esrsure coofrdentiality, use specialG.grl) nail procedures.I File an Emergenry Detainee Gtievance - Ifyou decide your comple'int is too sensitive tofile with the Officer in Chatge, you can fileyour Grievance directiy with the Field OfficeDirector" You cao get fhg forms from yourhousing unit officer, ot a farility superuisor.c Write to the Office of Inspectot General(OIG), which investigates allegations of staffmisconducl The address is: Office ofInspector Geoetal U-S- Department ofJusticg 950 Pennsylvania Ave. Room 4706,Y/ashington, DC.20530. CaJt at no expense to you, rhe Office offnqpector General (OiG). The phooe nr:mberis 1-800-869-4499.Individuals who sexually abuse or assaultdetainees c^rr only be disciplined orptosecuted if the abuse is rcportedA publication of the Office of theFedoal Detentioa TrusteeWashiogton,DC *"J:J#S;$t'_.Published February 200 I