Doc. 126 2

IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 11-20120-CIV-SEITZ/SIMONTON

TRAIAN BUJDUVEANU,

Plaintiff,

vs.

DISMAS CHARITIES, INC., ANA GISPERT,DEREK THOMAS and ADAMS LESHOTA

Defendants.

/

AFFIDAVIT IN SUPPORT OF

MOTION FOR SUMMARYJUDGMENT

STATE OF FLORIDA )

COUNTY OF BROWARD )

BEFORE ME, this date personally appeared the undersigned, who after

being first duly sworn hereby state, as follows:

1. My name is Ana Gispert. I am over the age of 18 years and not laboring

under any disabilities. I have personal knowledge of the facts and matters below.

2. I serve as the Director for Dismas Charities, Hollywood, Florida location.

3. Plaintiff pled guilty to charges of conspiring to illegally export military

and dual use aircraft parts to Iran. Plaintiff was sentenced to 35 months for his crimes.

4. Towards the end of his sentence, Plaintiff was transferred to Dismas, a

"halfway house," on July 28, 2010 until his release date of January 31, 2011.

5. Dismas is a private non-profit corporation known as a CCC Contractor.

6. As a result of the Plaintiffs health issues, Plaintiff was released to home

confinement and was required to report back to Dismas every Wednesday.

Case 1:11-cv-20120-PAS Document 83-2 Entered on FLSD Docket 12/16/2011 Page 1 of 62Case 1:11-cv-20120-AMS Document 126-2 Entered on FLSD Docket 11/16/2012 Page 1 of 62

7. Plaintiff attended a resident orientation, had the program policies and

procedures explained to him and was give the opportunity to ask questions and receive

clarification of any policies and procedures. (True and correct copies of the relevant

portions of the Resident Handbook, Rules, Regulations, Expectations, Sanctions and

Contraband List provided to the Plaintiff and are attached to my affidavit as Exhibit 1)

8. The Residential Handbook is quite clear that all participants in the Dismas

program, like the Plaintiff, consent to searches of their persons and vehicles (p. 16,

Exhibit 1); are not permitted to possess or use cell phones without authorization (p. 16,

Exhibit 1) and cannot drive without the prior approval of Dismas. (p.21, Exhibit 1).

9. The Residential Handbook is quite clear that all participants in the Dismas

program are not permitted to possess or use cell phones without authorization that

unauthorized cell phones are contraband and any unauthorized cell phone is contraband,

which will be confiscated and not returned, (p. 16, and Contraband List Exhibit 1)

10. Plaintiff also received Dismas' Rules and Regulations. (True and correct

copies of the relevant portions of the Rules and Regulations are attached to my affidavit

as Exhibit 2)

11. The Rules and Regulations of Dismas-Dania Beach are quite clear that all

participants in the Dismas program, like the Plaintiff, consent to searches of their vehicles

(p.3, Section 2(d), Driving Privileges, Exhibit 2); are not permitted to possess or use cell

phones without authorization (p.3, Section 6(c), Contraband, Exhibit 2) and cannot drive

without the prior approval of Dismas. (p.3, Section 2(a), Driving Privileges, Exhibit 2).

12. The Rules and Regulations of Dismas-Dania Beach are quite clear quite

clear that violations of the rules and regulations could lead to sanctions, including

termination from the Program, (p.6, Section 2(a), Sanctions, Exhibit 2).


13. Plaintiff acknowledged on May 27, 2010 and on July 28, 2010, that he

received a copy of Dismas Rules, Regulations and Restrictions and would abide by the

rules and regulations. True and correct copies of the Plaintiffs Acknowledgement Forms

are attached to Exhibit 3.

14. On May 27, 2010 and on July 28, 2010, Plaintiffacknowledged that: he

received a copy of the Contraband List; that if he is found with contraband it would be

confiscated and disposed of by Dismas; and that if he was found with contraband, he

would be subject to disciplinary action. True and correct copies of the Plaintiffs

Acknowledgement Forms are attached to Exhibit 3 to this affidavit.

15. On February 24, 2010, the Plaintiff signed a Federal Bureau of Prisons

Form in which he understood that as part of his residential reentry center release that he

would abide by the rules and regulations of the program. A true and correct copy of the

Plaintiffs BOP Acknowledgement Form is attached to Exhibit 4 to this affidavit.

16. On September 10, 2010, one month before the Plaintiff drove without

authorization from Dismas and was found to be in possession of an unauthorized cell

phone, the Plaintiff signed a Department of Justice, Federal Bureau of Prison Conditions

of Confinement Form in which the Plaintiff agreed that he would not drive a motor

vehicle without CCM approval. A true and correct copy of the Plaintiffs BOP Conditions

of Home Confinement Form, containing condition 12, is attached to Exhibit 5 to this

affidavit.

17. On September 10, 2010, one month before the Plaintiff drove without

authorization from Dismas and was found to be in possession of an unauthorized cell

phone, the Plaintiff signed a Home Confinement Special Conditions Form in which he

acknowledged he would adhere to the Rules of the Bureau of Prisons Conditions of


Home Confinement as well as the policies and procedures ofhis CCC facility, Dismas.

A true and correct copy of the Plaintiffs Home Special Conditions Form, containing is

attached to this affidavit as Exhibit 6.

18. The use of cell phones between felons is a security risk. Certainly, the

Plaintiff could not have a cell phone in prison and as he was still serving a prison

sentence (in home confinement), possession of a cell phone was prohibited. Cell phones

are hazardous to institutional security, as is demonstrated by the fact that they are not

allowed in prison. Cell phones, for example, would permit people to talk and

communicate after lights out to potentially organize disruptions of the institution.

19. The authorized use of a motor vehicle by a CCC participant also provides

a security risk. Certainly, the Plaintiff could not use a motor vehicle in prison and as he

was still serving a prison sentence (in home confinement), use of a motor vehicle without

authorization was prohibited.

20. The Plaintiffwas also not permitted to attend religious services outside of

a 5 mile radius of his confinement as per Federal Bureau of Prison guidelines. A copy of

the guidelines for religious services is attached to this affidavit as Exhibit 7.

21. On October 13, 2010, the Plaintiff appeared on his reporting date by

drivinghimself to Dismas in Plaintiffs family vehicle.

22. While Plaintiff may have held a valid driver's license, he was not

authorized by Dismas to drive or operate a motor vehicle.

23. The Plaintiff was not authorized to operate a motor vehicle without

approval of the Director of Dismas, Ana Gispert.

24. At no time did I authorize the Plaintiff to drive a motor vehicle.


25. Following the violation, the vehicle was searched for safety reasons and a

cell phone allegedly belonging to the Plaintiffs family was discovered.

26. The Plaintiff was not authorized to possess acell phone, regardless of who

owned it.

27. A phone can be hazardous to safety as it can be used to call or

communicate with other persons not confined or other half way house residents, which

could cause security issues.

28. A Disciplinary Report was then prepared and signed by the Plaintiff after

the incident on October 13, 2010. True and correct copies of the Dismas Reports are

attached as Exhibit 8 to this affidavit.

29. The Plaintiffs personal items were then held by Dismas. As the phone

was contraband, Dismas donated the phone.

30. The remainder of the Plaintiffs personal items were held by Dismas.

31. Dismas requested that the family members pick up the items. However,

the Plaintiff or his designated family member refused to pick the personal items up from

Dismas and Dismas, at its own cost, delivered the items to the Plaintiff. A copy of the

property release memorandum is attached as Exhibit 9 to this affidavit.

32. Since the Plaintiff violated Federal Bureau of Prison guidelines

concerning his CCC confinement, the Federal Bureau of Prisons was notified on or about

October 19, 2010.

33. On October 19, 2010, the Federal Bureau of Prisons, not Dismas, then sent

the United States Marshall's Service to Dismas to take the Plaintiff back to FDC Miami

to complete the rest of his sentence. A copy of the Federal Bureau of Prisons pick up

notice to the United States Marshall Service is attached to myaffidavit as Exhibit 10.


34. It is my understanding that Plaintiff was transferred by the Bureau of

Prisons into the custody of FDC Miami, where a subsequent hearing was held by the

Bureau ofPrisons concerning his possession ofa cell phone and driving a vehicle without

authorization. He was found guilty of these offenses at the hearing and required to serve

the remaining 68 day balance of his initial sentence at FDC Miami. A copy of the

Plaintiffs United States Bureau of Prison Center Discipline Committee Report is

attached to this affidavit as Exhibit 11.

35. The Plaintiff, at all times, was under the control of the Federal Bureau of

Prisons until his sentence was completed.

36. CCC is a privilege not a right. The Plaintiff, as well as other felons, is still

under the control, rules and regulations of the Federal Bureau of Prisons. While not

locked behind a cell door while and out of a federal correctional institution, the Plaintiff

is still serving the terms of his sentence even when at a CCC. The Plaintiff, despite his

beliefs, was not a "free man" able to do whatever he wanted.


FURTHER AFFIANT SAYETH NAUGHT.

.s*SWORN TO AND SUBSCRIBED before me this JU

~"3>jgg«HWi ,2011.

day of

NOTA

My Commission Expires: 3V'H I 3o\2>

Personally Known • OR Produced Identification Q3Type of Identification Produced: pU->*zi£*3XVw</^ LiC^tn&C

(PrintVFype or Stamp CommissionedName ofI 'otary Public

LAURIE L JACKSONNotary PuoHc - tU» of florid*

My Comm. Expkn Mar 14.2011]Jfc* Cornmittioa#OON46a7* BorMTlmgklWIoaiMIMryAiHj


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 16th day of December, 2011, I electronicallyfiled the foregoing document with the Clerk of the Court using CM/ECF. I also certifythat the foregoing document is being served this day on all counsel of record or pro separties identified on the attached Service List in the manner specified, either viatransmission of Notices of Electronic Filing generated by CM/ECF or in some otherauthorized manner for those counsel or parties who are authorized to receiveelectronically Notices of Electronic Filing.

/s/ David S. Chaiet

DAVID S. CHAIET, ESQUIREFlorida Bar No. 963798


SERVICE LIST

Traian Bujduveanu v. Dismas Charities, Inc., et al.Case No..: 11-20120-CIV-SEITZ/SIMONTON

United States District Court, Southern District of Florida

Traian BujduveanuPro Se Plaintiff

5601 W. Broward Blvd.

Plantation, FL 33317

Tel: (954) 316-3828Email: orionavfa),msn.com


DISMAS CHARITIES, INC.Dania Beach, Florida

"Healing the HumanSpirit"

Residential Reentry Center

Resident Handbook

Rules, Regulations, Expectations, Sanctions, and Contraband List

/

//

Dismas Charities, Inc. Proprietary Information {_ > ' '\ "J YjDismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010


Your Counselor will assist you in referrals to outside agencies and/or services. Remember: Non-compliancewith required program and/or group participation will delay your progression through the Level System andmay affect your release from the program.

Additionally, within two weeks you will be required to participate in the journaling program which is mandatedby the Federal Bureau of Prisons. Should you choose not to participate you will be restricted to the CommunityCorrections Component of our program until your release.

You will be released based on your successful completion of the program, along with the set release datemandated hy the Supervising Authorities,

AUTHORITY

Residents are to treat all staff and other residents with courtesy and respect at all times. No resident may useprofanity or demeaning language to staff or other residents. No resident may have authority overanotherresident.

All residents will address staff by MR. or MS. (followed by their last name). Note: All staff will refer to allresidents in the same manner.

RESIDENT BEHAVIOR

Any residentbehavior which leads staff to believe that the residentmay be harmful to themselves, staff, or thepublic will beremoved from the program. Remember: During yourprogramming at Dismasyouwill encounterand interact withmany persons (staff and residents) from many differentbackgrounds, beliefs, and economiclevels; therefore, it is imperative that you treat everyone with respect in regards to their mannerisms, religiouspractices, language, etc. Remember your successful re-entry into the community will be contingent inpartonyour acceptance and ability to get along with various persons from different cultural backgrounds. Theuse ofprofanity, racial and/or sexual gestures or speech is prohibited.

Additionally, Dismaswishes all residents to be watchful of fellow resident's behaviors which couldindicatethat the residentmay attempt to do harm to themselves. Signs can be, but are not limited to: Withdrawal fromgroup participation or conversations, discouraging comments, isolation, poor hygiene, etc. Should youwitnessthese signs youare to notifyDismas staff immediately. Should youyourselfhave these symptoms andfeelingsof hopelessness youare encouraged to contact any Dismas staffmember immediately for referral for treatment.

RESIDENT BULLETIN BOARD

All residents are required to read the Resident Bulletin Boardon a daily basis, which is located in the DiningArea. Residents are not permitted to remove any information from the Resident BulletinBoard. Staffwillcommunicate procedure changes, notice of meetings, etc. via a Memorandum on the ResidentBulletin Board.The Resident Bulletin Board also contains information that is permanent, including: Resident Rules andRegulations; BOP Prohibited Acts; Emergency Medical and Evacuation Procedures; Resident Rights & ContactInformation; etc.

COMMUNITY MOVEMENT

You are requiredto be accountable to Dismas staff at all times. Dismas will not approve you to have anymovements within the community where you cannot be immediately reached by phone. Destinations wherephoneshave call forwarding, three-way calling, and/or answering services, or cell phone only services will notbe authorized. When signing out of the facility, you are responsible for putting your finger print on the scannerand waiting until you are cleared by the RAM system. Remember: If you have to go to anotherdestination

""anWoTaddiTiorial move IrTthe community, otheTthanybur approved"sfgn-out deltmatibn,youare~requiredTo\ call in and request achange ofdestination, prior to making the move. It is important to remember that asking to

v- DismasCharities, Inc.Proprietary Information 4Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010


f

\

change a destination is a request, and staffwill make the decision if the changewill be granted. All informationregarding thenewdestination mustbe provided to staffwhen the request is made.Staff will not granta move without the necessary information (name, full address, phone number, and purposeof the movement). Furthermore, when you reach your approved destination, you are to call the facility andreport in.Note: When you call in, the location andtelephone numberwill be monitored by Caller-ID, and staffare permitted to contact you at yourapproved sign-out destination, at any time. When you get ready to leaveyour approved sign-out destination you are to call the facility andreport to staff that youwill be returning. Note:Your call in location will be monitored by Caller-ID, and staff are permitted to contact you at your approvedsign-out destination at any time. Returning lateto the facility can result in a disciplinary report. *MovementRequests must be provided for all non-emergency movements at least24 hours in advance. Doesnot apply toweekend requests, which have to be submitted by Thursday at 12 noon.

Residents may not frequent the racetrack, bingo, or other destinations where the primary purpose is gambling.Residents arenot to enter places wherepornography or liquor is a main commodity. Residents may not eat atfood establishments where alcohol is served, even on approved pass movements._Remember:Unaccountability is a serious violation, and may warrant loss of privileges or yourtermination from theprogram. These accountability procedures protect youand verify to Dismas, the community, andthe UnitedStates Probation Office and the Federal Bureau of Prisons your accountability.

COUNTS

Head counts are conducted randomly during all shifts. Residents in the facility are required to be accountable tostaff within the facility at all times, unless you are on an approved movement outside of the facility.

ROOM CLEANLINESS/RESIDENT ROOM ACCESSYou are responsible for the cleanliness of your living area at all times. Your assigned bedis to beneatly madeat all times when not occupied. You are required to keep all of your propertyneatlyorganized in your assignedlocker. You are not to leave clothes or other items on the floor, on the side or tops of lockers, in chairs, or on thebed. Note: Only (3) pairs of shoes will be permitted to be placed neatly under yourbed. Nothingis to behanging onthebedposts or end rails except drying towels and your laundry bag.

A staffmember will conduct room inspections on a daily basis. Whenpossible, youwill be given theopportunity to correct any problems with your area before property is confiscated or disciplinary action is taken.Repeat violations however, will result in disciplinary action. Forlife safety reasons and for the respect of others,no TV's, DVD's or DVD tapes, recorders, or other electronic equipment, withthe exception of a Radio, IPOD,MP3, or CD player w/headphones useonly will be permitted, No I-Touches are permitted. Headsets are not anexcuse for non-compliance to drills, counts, or responding to pages, etc. No extension cords, stuffed animals,cardboard boxes, rugs, non-issued linen, and non-issued pillows are not permitted, and will be consideredcontraband. *Medical equipment whenrequired by a doctorwill be permitted.

No resident ispermitted to change rooms or beds without permission from their Counselor, Dismas has the rightto change your bed androom assignment at anytime. Noresident is permitted in another resident's locker, bed,or dorm area. Your locker must be secured at all time. Residents are not permitted Lu use empty lockeis orbeds. Property found stored in a lockerthat has not beenassigned will be thrown out.

No resident is permitted in any restricted area or staff office without the permission and presence of staff.

WORK DETAILS

Youwill beassigned a Work Detail Assignment during your stay. The Work Detail Assignment Sheet is posted'"onthe Bulletin Board, alongwith a detaUeddescription ofyour assigned Work DetailTask. You are required"

to complete your detail as assigned and described, and residents are not permitted to switch details or completeDismasCharities, Inc.Proprietary Information 5Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010


In a Fire Situation:

> DO NOT PANIC! DO NOT USE THE ELEVATOR! USE THE STAIRWAY> Ifthe room is smoky or you smell smoke, get on your hands and knees (or stomach) and crawl to the

door.> Feel the doorknob; if hot, DO NOT open the door; if cold, open the door slowly, and move toward the

closest exit.

> DO NOT PROP EXIT DOORS OPEN!> Ifthe doorknob is hot, place atowel or other barrier at the bottom ofthe door and wait for help.> Pull tViP fire al^rm ag ymi evatmatp if this has not already hem done.> After exiting the building, all persons shall meet in the far left side of the parking lot and or across the

street. Staffwill conduct a count and report any persons missing to the Police and Fire Departmentofficials.

> NEVER REENTER A BURNING BUILDING!

DISCIPLINARY ACTION (The Federal Bureau of Prisons, CCM, office has acopy of the Dismas Charities Dania BeachResident Handbook/Rules and Regulations and hasapproved itscontents)

Prior to transfer from an institution, each resident is forwarded acopy ofthe Dismas Charities Dania BeachRules and Regulations/ Resident Handbook. At the time of your orientation, this information is reviewed. TheReceipt ofRules and Regulations/Resident Handbook form is signed at this time by both the resident and staffand placed in the resident's file. All non-sentenced residents (Public Law) are provided acopy of the DismasCharities Dania Beach Handbook/Rules and Regulations at the time ofinitial intake.

7A copy of the Dismas Charities Dania Beach Rules and Regulations are incorporated in this Handbook.Additionally, Federal Pre-Release Residents receive acopy of the Federal Prohibited Acts. You are responsiblefor knowmg'ajKUjadeJstanding the information contained within these documentsandj^^lbeheld^gounteblefortter^ of the rules, then staffwii^gxrowr-feem^ndep^la^fflly-îth you. If you violate aDismas (In-House) rule, then an appropriate staffmember will write aDisciplinary Report (DR.). The PR is presented to you for signature and it is thenforwarded to your Counselor or designee for investigation ofthe report. The signing ofaDisciplinary Reportby you is not an admission of guilt, but an acknowledgement that you are aware of the Disciplinary Report. Theinvestigating staff member will investigate the report and will recommend an appropriate sanction, which couldrange from expunging the report to aloss of privileges or program termination. Once the Director has signed offon the Disciplinary Report, then the action is deemed appropriate. The Director can increase or decrease theaction recommended. If you feel that action was not appropriate, then you can file an informal grievance to theDirector, for review of the action.

Remember it is Dismas Charities Dania Beach's intent to handle minor disciplinary infractions with in-housesanctions such as loss of privileges; reprimands; verbal warnings; special assignments; dorm or facilityrestriction- reduction in level; impound or confiscation of unaudited personal property; or extra details.However, apattern or increasing number of disciplinary infractions or gross violation of program rules couldresult in greater sanctions, up to and including your termination from the program.

When aFederal Prohibited Act is committed, by aPre-Release (BOP) Resident, staff will initiate a(Formal)Incident Report. The report will be investigated by astaff member who was not awitness to the incident, andthen aformal hearing will be conducted by the Center Disciplinary Committee, which can be made upofone to

-threerstaffnrcmbervriH^ A.recommended sanction(s) will be determined at the conclusion of the formal hearing and the report, hearing,

Dismas Charities, Inc. Proprietary Information 11Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010


and substantiated evidence and sanction recommendation(s) will be forwarded to the Community CorrectionManger (CCM) for review and processing by the Disciplinary Hearing Office (DHO) with the Federal Bureauof Prisons. Note: Category three or four offenses can be resolved at the facility level.

BOP PROHIBITED ACTS & SANCTIONS

FEDERAL BUREAU OF PRISONSProhibited Acts (CCCs)

Note to CDC Chairman- Choice of recommended sanctions must coincide with the severity range of the infraction. Normally, the more sever infractions should carry^t.rp.n.itiP.^n.hncPinfh.i^rs.vmrvl.vHs Sanctions ARBim and Frrgnirf CCM approval prior to imposition

The Community Corrections Manager may increase the severity of sanction(s) recommended, but may not exceed the ranges specified.

More than onesanction may beimposed fora particular infraction.

Severity Range: 100 =Greatest 200 =High 300 =Moderate 400 =Low

CODE PROHIBITED ACTS SANCTIONS

100 Killing

101 Assaulting any person (includes sexual assault) oran. Acharge forassaulting any person atthis level istobeused only when seriousphysical injury has been attempted orcarried out by an inmate.

102 Escape from escort; escape from asecure institution (low, medium,and high security level and administrative institutions); orescape froma minimum institution with violence

103 Setting a fire (charged only when found topose athreat tolife ora threat ofserious bodily harm or furtherance ofa prohibited actofGreatest Severity, e.g. infurtherance ofa riot orescape; otherwisethecharge isproperly classified Code 218or329)

104 Possession, manufacture, or introduction ofa gun, firearm, weapon,sharpened instrument, knife, dangerous chemical, explosive oranyammunition.

105 Rioting

106 Encouragingothers to riot

107 Taking hostage(s)

108 Possession manufacture, or introduction ofa hazardous tool (Toolsmost likelyto be used in an escapeor escapeattemptor to serveasweapons capable ofdoing serious bodily harm toothers; orthosehazardous to institutional securityor personal safety; e.g., hacksaw blade)

109 (Not to be used)

110 Refusing toprovide a urine sample ortotake part inother drugabuse testing

11 ] Introduction ofany narcotics, marijuana, drugs, orrelated paraphernalianot prescribed for the individual bythe medical staff

II? Use ofany narcotics, marijuana drugs, or related paraphernalianot prescribed for the individual bythe medical start

Possession ofanynarcotics, marijuana, drugs, or relatedparaphernalia not prescribed for the individual by the medical staff

113

CODE PROHIBITED ACT

200 Escape from unescorted Community Programs and activities andOpen Insh'tutions (minimum) and from outside secure institutions--without violence.

201 Fightingwith anotherperson

Dismas Charities, Inc. Proprietary InformationDismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010

197 Useofthe telephone to furthercriminal activity.

198 Interfering with a staffmember intheperformance ofduties.(Conduct must beoftheGreatest Severity nature.) This charge istobeused onlywhen another charge ofgreatest severity isnotapplicable.

199 Conduct which disrupts or interferes withthesecurity or orderlyrunning of theinstitution or theBureau ofPrisons. (Conduct mustbe of theGreatestSeveritynature.) This chargeis to be usedonlywhenanotherchargeof greatestseverityis not applicable.

A. Recommended parole date rescissionor retardation

B. Forfeitearnedstatutorygood time or non-vested goodconducttime (upto 100 %)and/or terminate ordisallow extra good time(anextragoodtimeor goodconduct timesanction maynotbesuspended).

B.I Disallow ordinarily between 50and75%(27-41days)ofgoodconducttime credit available for year (a goodconducttime sanctionmay not be suspended)

C. Disciplinary Transfer(recommend)

D. Disciplinary segregation (up to 60 days)

E. Make monetary restitution

F. Withhold statutory good time (NOTE: canbe in addition to A throiE - cannot be the only sanction executed)

G. Loss of Privileges (NOTE: cannotbe theonly sanction executed)

202

203

204

SANCTIONS

(Not to be used)

Threatening anotherwithbodilyharmor anyotheroffense

Extortion, blackmail, protection: Demanding or receiving money oranything ofvalue inreturn forprotection against others, toavoid bodily

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GRIEVANCES

If you have a grievance of any nature, then your first action is to request a meeting with theCounselor for an attempt at an"informal resolution". You can begin this process by submittingan"Action Request" describing the problem, to theCounselor's attention. If the Counselorconcludes the complaint hasmerit, a meeting willbe scheduled with allparties concerned. Aftera careful analysis of all the facts, a decision regarding thecomplaint will then be made bytheCounselor (and/or) Director/ Assistant Director and any appropriate r.orrer.tive action will hetaken at that time. Always utilize the chain of command.

If an informal resolution cannotbe reached, then you can file a grievance throughthe Bureau ofPrisons Adrhinistrative Remedy process ona (BP-9) form (Administrative Remedy) orPublicLaw^pkseme\its through their respective US Probation Officer.

j:arci

itany tiprfe, staff may conduct a search ofthe facility, your personal belongings, vehicles, orirpefson. You do not have to bepresent for staff to search your personnel property, vehicle,

.Jor living area. Items that are deemed contraband will beconfiscated and destroyed and/or.donated to a local charity of Dismas' choice. They are not returned. Note: This includes

âuthorized cell phones, electronic game systems, computers, etc.

SMOKINGFor everyone's health andsafety, smoking is prohibited. This is a smoke free facility. Allsmoking products and accessories are considered contraband. This applies to all visitors to thefacility.

PHONE CALLSThere are pay phones available for your use between the hours of 6:00 am and 10:00 pm. Thereis a ten (10) minute limit onall telephone calls. You may not use Dismas business phones unlessapproved by the Counselor (and/or) Director/Assistant Director. Staff will not take messages foryou unless it is anextreme emergency or employment/program related. Any abuse ofthetelephone (including inappropriate conversations and language) will result in suspension ofyourphone privileges.

BEEPERS/PAGERS/UNAUTHORIZED CELL PHONES AND I -TOUCH/1-PADS/PASS RESIDENCE PHONES/COMPUTERS: The use of beepers, pagers, orunauthorized cell phones whether inside oroutside ofthe center is prohibited without the specificwritten approval ofthe Facility Director and the Bureau ofPrisons (BOP). Authorized beepers^pagers, and cell phones must be left at their place of employment or for those residents onhome confinement at their approved residence. Any resident found in the possession ofone ofthese devices, whether active or inactive, will receive a disciplinary report, andthe itemwillbeconfiscated and not returned.

Resident who are requesting release residence passes must submit documentation each month inthe form ofa phone bill that your release residence phone does not have the following disallowed

16


features: Call forwarding, three way calling, call message oranswering service. Additionally, ifyour release residence is outside the local calling area to our facility, you must have thecapability on your phone to call long distance. Acopy ofyour monthly phone bill will be placedin your file. Failure to provide your Counselor with this documentation will result inyour loss ofpass privileges. Resident eligible for home confinement must use an approved phone companysuch asBell South, Comcast or AT&T to be compatible with HC equipment. No exceptions.

While on pass, you are not allowed to utilize anv cordless phone. Contact with Dismas staff mustalways be done bya stationary phone. Remember: Dismas staffwill berandomly contacting youduring your pass. Should you beunreachable (unaccountable); you will beplaced onescapestatus, and disciplined accordingly.

The use ofany computer internet service atanytime, without the approval ofyour Counselor(and/or) the Facility Director/ Assistant Director and in some cases the CCM orUSPO isprohibited.

EMPLOYMENTYou are required to obtain employment within 15 calendar days after your arrival. Employmentis obtained through daily participation in our Job Search Program. If you are not employedwithin 15 calendar days, you may be terminated from the program. If you pass your 15 daywithout securing employment, the Director will notify the CCM for a decision regarding yourcontinued placement within the program.

Job search isconducted Monday through Friday, 8:00 am - 4:00 pm. AJob Readiness Class willbe mandatory, each week, for those residents who remain unemployed. All unemployed residentsare required to seek employment during these above reference times. Failure to effectively lookfor employment will result in program termination. Attendance Verification Forms must besubmitted to Staffupon your return from job search. These forms must besigned by anyprospective employers you have contacted throughout the day.

Before beginning employment, you must provide the Employment Specialist and your Counselorwith the following information.

1. Company Name (must be alegal company which carries workers compensation and takes appropriate taxesfrom your wages)

2. Physical Address (nota PO BOX or Route Address)3. Phone Number

4. Immediate Supervisor—S-. Work Schedule

6. Full or Part-Time Status7. Salary and Pay Schedule (Can not work a commission only job)

Employment must be verified prior to your first day on the job. Your employer must be notifiedofyour legal status and your secured employment must be full-time and meaningful to yourprogram needs and programming objectives. Note: Dismas staff will conduct an on-site visit withyou and your employer within the first seven days ofemployment. All changes ofemployment

~must-be4mmediately-reported-to-the-Employment-Speeialistand-your-Gounselor^-Any changes—in jobs must be pre-approved by your Counselor and the Facility Director and/or Assistant

17


Any and all contact with Law Enforcement officials must be reported to your Counselor orFacility Director/ Assistant Director immediately. Ifaticket or summons has been issued, acopymust be provided to staff upon your return to the facility. This includes traffic accidents.Residents must remain arrest free to guarantee their continued participation in this program.

pSierimlst attend all required program meetings unless otherwise permitted to be absentfrom the Facility Director and/or Assistant Director, Counselor, or BOP.

STAFF DIRECTION AND INSTRUCTIONResidents must obey all direct orders from staff. Residents will obey all orders and specialconditions imposed by the supervising authorities. Residents will follow all conditions set forthby the Individual Program Plan, supervising authorities and court orders.

RECREATION .Recreational opportunities will be provided in-house. Recreation Hours:

Male: Monday-Wednesday-Friday -Sunday 6a.m. until 11 a.m.Tuesday-Thursday- Saturday 6:30 p.m. until 8:00 p.m.

Female: Monday-Wednesday-Friday -Sunday 6:30 p.m. until 8:00 p.m.Tuesday - Thursday- Saturday 6:00 a.m. until 11:00 a.m.

Reminder: The dress code still applies to the recreation areas of the facility. No recreation willbe allowed during meal or visitation hours.

Drs^^harities Dania Beach provides meal service for all residents In-House. Dining outprivileges, to non-alcohol service restaurants, will be approved on acase-by-case basis for thoseresidents who are eligible for pass movement privileges. Areceipt from the restaurantdocumenting your purchases must be provided upon your return from pass. Note: Public Law,Pre-trial or CCC status Placements are not eligible for this privilege.

TRANSPORTATION ,fWhile indigent you will be provided bus passes, if needed. These passes are to be used forprogram related activities only, and will only be given to you until you receive your firspaycheck. If you choose employment which is not serviced by the bus line, or normal bus hours,

—you are responsible fui vour cost and means of transportation. _

If you wish to operate amotor vehicle while in the program prior approval must be obtainedThe following paperwork must be submitted to your Counselor: Valid Driver sLicense, CurrentDriving Record; Valid Insurance with your name on the Policy; Current Registration.Additionally, if you are not the owner of the vehicle anotarized letter authorizing you to drivethe owner's vehicle must be provided to your Counselor. Note: The car will be searched andinspected bv staff to ensure that the regtotiorijcard^

"car^heTcenTe and inspectic^tickeTare current. The Director approves the request and acopy21


of our approved driving information is maintained in your file. Note: Vehicles may be used forapproved work and program related activities only. Residents may not transport other residents.Ifresident are riding to work or program activities with family members or co-workers the drivermust show a current drivers license, registration, and insurance policy to Dismas staffbefore theresident will be allowed to ride with this person and must complete and have approved by theirCounselor, Director and/or Assistant Director thePOV Form.

SUPERVISING AUTHORITIES (This list is subject to change, so please consult the Resident Bulletin Boardfor the mostupdate list of contract information)

Carlos Rodriquez, Community Corrections Manager (CCM)401 N. Miami Avenue, Florida 33128Phone (305) 536-4024

Leslie Castro, Management Center Administrator (MCA)401 N. Miami Avenue, Miami, Florida 33128-1830Phone (305) 536-6522

Cheryl Dennings, Community Corrections Regional Administrator (CCRA)3800 Camp Creek Parkway, SW, Building 2000, Atlanta, GA 30331-6226Phone (678) 686-1399

Jeff Anderson, TDAT715 McDonough Blvd, SEAtlanta, GA 30315Phone: (404) 635-5669

Raymond E. Holt, South East Regional Director (RD)3800 Camp Creek Parkway, SW, Building 2000, Atlanta, GA 30331-6226

Reginald D. Michael, Chief United States Probation Officer (SUSPO)Tower 101 Building 101 NE 3rd Avenue, Suite 200, Fort Lauderdale, Florida 33301Phone (954) 769-5508

FEDERAL RESIDENT LEVELS . . .Each level is based on aseries of goals (tasks) that you must complete and maintain dunng yourstay at Dismas. With each level of tasks and achievements, certain privileges are rewarded,which bring you closer to your goal of 100% re-entry back into the community. This levelsystem is arewards system, based on your positive development and longevity in the program. Itshould be noted that not all residents will progress at the same rate or levels due to the seventy oftheir charges orthe level ofprivileges granted.

All pass movement requests for the week (church, social, release residence passes, non-emergency medical treatments, etc.) must be submitted to your Counselor by 12 noon onThursday. NO EXCEPTIONS! Home Passes will only be given to your pre-approvedrelease address, which was signed off by the Supervising Authority. NO EXCEPTIONS!

COMMUNITY CORRECTIONS COMPONENT:LEVEL 1- This is the most restrictive level. Designation to this level is made by the BOP, the

~ColH^SFO~^"Facllit^ level are denied'access to the communiry—except for employment, program needs, community service or emergency situations. Residents


DISMAS CHARITIES DANIA BEACHCONTRABAND LIST

Mouthwash orover the counter medications containing alcohol orQuinine unless prescribed by aphysician, i.e., Tonic Water,Mineral Water, Vinegar

Ik

Prescription Medications and over the counter medications that contain anarcotic, sleeping aid,stimulant, orother over thecounter medications not approved by policy.Weapons (includes knives ofany kind, or pointed scissors or fingernail clippers with asharp fileorknife attachment, firearms, box cutters, loose razor blades, pepper spray, or any other devicewhich could be used as a weapon).Food or Beverages outside the Dining Room. Food orbeverages containing poppy seeds.Computers, Blackberry type hand-held devices, typewriters with memory, TV/VCR, I-Touch,I-Pads, DVD's/Video Game Equipment, and Tape Recorders. (Includes video games &Tapes)Personal fans or heaters

Credit cards

Cameras or any video recording devicesExtension cords, multi-plug devicesTools

Gambling devices, to include lottery tickets, tip boards, dice, track tickets, etc.Alcohol, narcotics, vinegar, golden seal, over the counter inhalers, orcontrolled substancesPaint

Non-issued: locks, linens, blankets, pillows, mattresses or mattress coversGlue and any other solvent type products, to include White OutAerosol spray, candles, incenseTobacco products smoke and smokelessCondoms

Pornographic materialy item containing the following words on the label: Warning, Toxic, Danger or Flammable

Jnauthorized: Beepers, pagers, cellphones (either active or inactive)Possession ofanother residents' property, whether bonowed, loaned, or otherwiseTattoomaking equipment and suppliesCardboard boxes orplastic bags, stuffed animals, plastic waste baskets orbags, shoe boxes.

NOTE- ANY CONTRABAND ITEM THAT IS CONFISCATED WILL NOT BERETURNED. IT WILL BE DISPOSED OF. NO EXCEPTIONS!

29


Dismas Charities Dania Beach

Rules and Regulations

As a resident of Dismas Charities Dania Beach you are expected to read (or havesomeone read to you) the following rules. You are also required to abide by therules while residing in Dismas Charities Dania Beach. Please advise staff of anyquestions you may have regarding the rules.

1. Accountability

(a) Residents are required to digitally sign out and in when leaving andreturning to the Center. Residents must have a staff member digitallyacknowledge each time they leave and return to the Center.

(b) Residents are responsible for knowing their return time; they are to get areturn time from staff prior to leaving the Center.

(c) Residents are not permitted to be late returning to the Center.(d) Requests for time extensions must be made prior to the assigned return time.

Employer/supervisormust call if extension is for work purposes.(e) Residents must call the Center and receive permission prior to making

destination changes. Center Staff must approve all destinations.(f) Residents must return directly to the Center after work, church,

appointments, etc., regardless of the time; even if there is extra time.(g) Residents mustbe able to be reached via telephone while out of the facility,(h) Call forwarding, three way calling, and answering services are prohibited.

Residents are not allowed to sign out to destinations that receive theseservices; and, residents are not to use these services, in communication withCenter Staff.

ing Privilegesesidents must obtain written authorization from Dismas Charities Director

and/or the appropriate Supervising Authorityprior to operating any vehicle.Vehicles may be used only to go to and from work, training, approvedprogramming and school. Dismas Charities Staff and/or SupervisingAuthority must approve use nf a vehicle, for any other purpose.Residents must maintain liability insurance, registration, and a valid driver'slicense. Proof of all must be submitted and maintained throughout one'sresidency.Residents are required to submit to a search of their vehicle by staff atanytime.

Dismas Charities, Inc. Proprietary InformationDismas Charities Dania Beach Operations Manual - Reviewed/Revised 12-09 HhUA X


(e) All lights and electrical equipment must be turned off when a dorm isunoccupied.

(f) Residents may go outside in the recreation areas at the assigned times only.(g) Gambling in any form is prohibited.(h) Residents may not visit any destination whose primary business is gambling,

alcohol, or pornography.

6. Contraband

(a) Alcohol, narcotics, controlled substances, fire arms, gambling paraphernalia(including lottery tickets), pornography, incense, and anything listed on theDismas Charities Contraband List are not allowed on Dismas Charities'

property. Possession of any of the items by a Resident is prohibited. Acomplete contraband list is included in your Resident Handbook and postedon the Resident Bulletin Board.

(b) Residents are not to consume or use any product that may contain poppyseeds, illegal substances, alcohol, Quinine, etc. unless prescribed by aphysician.Use or possession of any unauthorized pagers and cellular telephonequipment (to include charges) is not permitted. The Supervising Authorityust approve use of these devices. If approved, they are not permitted on

the premises of Dismas Charities.Residents are not to associate with anyone who may be carrying a firearmand/or any illegal material.

7. Program Requirements

(a) All residents must arise by 6am. Residents who work 3rd shift will bepermitted to sleep for 8 hours.

(b) Residents may not leave the Center prior to 6am unless for work or otherapproved programming purposes.

(c) Residents must submit to an ALCO (breathalyzer) test and/or drug screenwhen requested by Staff.

(d) Subsistence must be paid on residents' payday, unless other arrangementshave been made with the Director.

(e) Fraudulent use of the Dismas Charities' food program is prohibited (thisincludes giving meals to others).

(f) Residents must eat the meals they sign for at the designated times.(g) Residents will obey all orders imposed by their Supervising Authority.(h) Residents will abide by conditions set forth in their Individual Program Plan.

JT)__ Residents will abide by all conditions set forth in the Resident Handbook.

Dismas Charities, Inc. Proprietary InformationDismas Charities Dania Beach Operations Manual - Reviewed/Revised 12-09


(j) Residents must attend all required meetings, groups, and/or classes asscheduled,

(k) Residents are to read the bulletin board daily as they are responsible for theinformation posted.

(1) No resident may enter into any contract without prior approval from theDirector.

(m) Residents will act in an orderly manner during emergency drills. Failure toevacuate in 3 minutes or less is prohibited.

8. In House Visitation

(a) Visitors may visit only during designated times.(b) Items may be left for residents only during visiting times.(c) Residents are responsible for the conduct of their visitors (To include dress)

Note: Staff may ask visitors to leave if behavior is inappropriate.(d) Residents are to clean up after their visitors.(e) Visitors are not allowed in resident rooms.(f) Physical contact must be limited to that described in the Resident Handbook.(g) Ex-residents and convicted felons are not allowed to visit residents without

specialpermission from the Director and the Supervising Authority.

9. General Conduct

(a) Residents are to treat all Staff and other residents with respect.(b) Residents will not lie to Dismas Charities Staff.(c) Residents are to obey all direct orders from Staff.(d) Double asking is prohibited - meaning once a resident asks one staff

member permission for a desired activity and receives an answer, they arenot to ask a different staff member the same question for a more desirableanswer

(e) Use ofprofanity is prohibited.(f) No resident may have authority over another resident; harassment in any

form is prohibited.(g) Personal relationships and physical contact between residents is prohibited.(h) Residents are not to go anywhere together without permission from the

Director,

(i) Residents are not to associate with former residents,(j) Residents are to be fully clothed in the Center(k) Residents must remain arrest free. Any contact with legal authorities must

be reported to Staff immediately._QX_JRfisideBt§_ar£jg^^

Dismas Charities, Inc. Proprietary InformationDismas Charities DaniaBeachOperations Manual - Reviewed/Revised 12-09


(m) Residents are to remain in their dorm when the house is closed. Anybusiness outside the room must be taken care of prior to the house closing,

(n) Residents must respond and be in their rooms during standing headcounts,next to their beds,

(o) Residents are not allowed in unauthorized areas.(p) Residents will not falsify, destroy, or alter records or documents, including

time cards,

(q) Residents will not vandalize or destroy Center property. Center property isnot to be taken out of the Center for any reason,

(r) Food and drinks are not allowed in resident rooms,(s) No outside food is to be brought in the facility by residents. Visitors may

bring food in during visiting times,(t) Tobacco products are not to be used in the Center the Center vehicle or on

property,(u) Residents will not jeopardize public safety in any way, while in the Center

or in the community,(v) Any activity or behavior not specifically listed in these rules which Staff

consider to violate the intentions and goals of the Dismas Charities Program;endanger the security of the facility or its residents; or creates hostility ordisorder among residents or staff is prohibited.

10. Medication

(a) Residents must inform Dismas Charities Staff of any prescribed or over thecounter medication they are taking.

(b) All prescription medication must be turned in to Staff. The Director willdetermine if the resident may keep the medication in their possession.

(c) Medication approved for the SAM program must be kept LOCKED up inthe resident's locker, The SAM form must be taped to the inside of thelocker door.

(d) Residents must take medication as prescribed.(e) Over the counter medication containing sleep aids, alcohol, or stimulants is

prohibited.

Sanctions:

The imposition of sanctions is based on the severity of the violation. Residentattitude and previous violations are also considered. At the discretion of Staff, averbal or written warning may be given for^ninoj:, first time violators. Sanctionsimposed may include, but are not limited to:(1) House Restriction .

Dismas Charities, Inc. Proprietary InformationDismasCharitiesDania Beach Operations Manual - Reviewed/Revised 12-09


Room Restriction

Extra Duty DetailsLoss ofPrivilegesTermination from the ProgramAny Other Sanction Deemed Appropriate by Counselor and/or Director

Dismas Charities, Inc. Proprietary InformationDismas Charities Dania Beach Operations Manual - Reviewed/Revised 12-09


Dismas Charities. Inc.

Receipt of Rules - Federal Facilities

Ihave received a copy of the Federal Prohibited Acts dated &'/ / Ô/O. Ihave readthem, or had them read to me. I understand them and I agree to abide by them. I am awarethat a copy of the Federal Prohibited Acts is posted on the Resident Bulletin Board. I am alsoaware that these rules are reviewed and subject to change.

/)Resident Signature Q , * Date / /

j / i

StaffStgpature//, Date/^J^- 7/28 fa

have received a copy pf the Dismas Charities Rules, Regulations and Minimumjpy pt tne ui

Restrictions dated 'O . I have read them, or had them read to me. 1 understandthem and I agree to abide by them. I am aware that a copy of the Dismas Charities Rules,Regulations and Minimum Restrictions is posted on the Resident Bulletin Board. I am alsoaware that these rules are reviewed and subject to change.

Re'sident Signature -n t *

!Ss^4^

mPrintNamef^îf^—title Qitie/ewt

ffl^

dci215fed

RsviS9d 11/30/04

Date

0Z/<z4J2o/oDate

7/2£ //a

Title /z.

Page 1 of 1


Dismas Charities, inc.

Conditions of Residential Community Programs Residence

I, TiHftfiH Jhl&hu/efflLf (RegisterNumber) f&ST-OOf'hereby authorize employees of the Department of Justice and employees of any facility contractingwith the Department ofJustice to release any orall ofthe contents ofinformation in my inmatecentral file to educational facilities, social agencies, prospective employers, etc., for the purpose ofassisting in all phases ofcommunity programming and release planning. Ialso authorize the aboveperson to advise prospective employers that Iamcurrently in the custody of the U. S. AttorneyGeneral serving sentence or under the supervision of the U.S. Parole Commission or U.S.Probation Office. This consent will remain in effect until my release from supervision or untilrevoked in writing byme. Revocation of this authorization may result in my removal from acommunity-based correctional program.

I understand that while a resident of a community corrections center (CCC) or work releaseprogram Iwill be expected to contribute to the cost of my residence through payments to thecontractor and Iagree tomake such payments. I understand thatfailure to make payments mayresult in my removal from a community-based program. (Not applicable for MINT referrals).

I understand that urinalysis or other Bureau of Prisons authorized testing to detect unauthorizeddrug or alcohol use may be required as a condition of residence ina community corrections centeror work release program, and ifrequired, I agree to submit to such testing. I understand thatingestion ofpoppyseed products may result in positive test results for unauthorized drug use and istherefore prohibited.

I understand that I am expected to assume financial responsibility for my health care while I am aresident of a community-based correctional program. Should I be unable or unwilling to bear thecost of necessary medical care I understand that I may be transferred to a suitable institution orfacility, at the Government's option, to receivesuch care. Iunderstand that no medical care may beprovided to me at the government expense without prior authorization of the Bureau of Prisons.

I understand that I may be required to cooperate with substance abuse assessment and participatein any treatment recommended as a result of assessment.

I understand that I may be required to abide by the conditions of supervision as imposed by thesentencing court or the U.S. Parole Commission, including the payments of fines and restitution andto followthe instructions of the probation officer as ifon supervision.

I understand that upon arrival at the community corrections center I may be initially placed in therestrictive Community Corrections Component for a period of orientation. In this component, Iwillbe expected to remain at the CCC unless authorized to leave for employment or other authorizedprogram purposes. Additionally, I understand that social visits and recreational/leisure activities willbe confined to the CCC.

/ Iunderstand that while a resident of a community mrrfirtinns ranter nr wnrk releasR program, Iwill\/ be required to abide by the rules and regulations promulgated by such program.

For MINT referrals, I understandthat I or the guardian shall assume total financial responsibility formychild's care while am a resident of a CCC. Should I or the guardian be unable to or unwilling tobear my child's financial cost, I will be transferred back to my parent institution immediately. Iunderstand that no financial support will be provided to my child by the Bureau of Prisons.

dci228 Page 1 of 2Revised 07/01/03


Dismas Charities, Inc.

Conditions of Residential Community Programs Residence

Part II

In the event that Iam approved for home confinement, I agree to abide by the following conditionsrelated to my legal participation in home confinement.

understand my participation in home confinement will be an alternative to placement in a CCC foro more than the last six months or 10% of my sentence, whichever is less. I am aware that I will

remain legally in the custody of the Bureau of Prisons and/or the U.S. Attorney General and thatfailure to remain at the required locations may result in disciplinary action and/or prosecution forescape.

I agree to report to my assigned probation officeror the contractor's facility immediately uponreaching my release destination.

I understand that ifIdecline to participate in the recommended home confinement program I mayface administrative reassignment out of the community corrections program.

I agree that during the home confinement period, I will remain at my place of residence, except foremployment, unless Iam given permission to do otherwise. I also understand that Iwill be requiredto pay the costs of the program based upon my ability to pay.

I also agree to maintain a telephone at my place of residence without "call forwarding", a modem"Caller ID" or portable cordless telephones for this period. I also agree that if my confinement is tobe electronically monitored, Iwill wear any electronic monitoring device required, follow proceduresspecified and not have "call forwarding" on my telephone.

4jâ&Resident Printed Name

T&fi/frt BUfr3"*tef/-/£fent Signature

wvr&f <ay< ^/<fo^_Date

97/2J/20/G

Staff Printed Name Staff Signature* ,/ Date

~?/z0//O

Print Name 7##fly Sû^MAfrSignture u/^'QU^Wu^^_

3rint Name &u,.<i,<*. £*,o*

0 z^

iitle /2 (ATi

(The contents of this form are derived from Federal Bureau of Prisons form BP-S434.073 COMMUNITY BASED PROGRAMAGREEMENT dated Dec 98)

dd228

Revised 07/01/03Page 2 of 2


Dismas Charities, inc.

Consent to Disclosure of Information

deemed necessary fo respond to all, hereby consent to the release of information

deemed necessary fo respond to all request(s) for information from persons seeking informationfrom my resident file relating to employment placement, resident placement, communitysupervision, or other necessary aspects of release planning.

Resident Signature

Staff Witness Signaturejftature/îC K_^Dili ~?/ZjL^^J^-

2£>A?

7/^ /a

CLOTHING RELEASE - ACKNOWLEDGEMENT BY RESIDENTI authorize Dismas Charities Staff to release all my personal belongings to the followingperson(s) in situations where Ican not personally retrieve them. If not retrieved in seven days, Iauthorize Dismas Charities Staff to dispose of them. I understand that my personal belongingswill not be released until I have returned all property of Dismas Charities, Inc.

Name

MAtit^ nu$W£t/SkAddress, City, State, ZIP

Phone Number

ResidentSignatur^^^^/^^^ \™* &?/22/&J3Staff Witness Signature Date -7/?<0//*

MEDICAL CARE AND HEALTH SERVICES - ACKNOWLEDGEMENT BY RESIDENTA. I will not seek non-emergency dental or medical care without the advance approval of

the CCM (federal only) or the Facility Director.I further understand that if I require emergency medical care, Iwill make every effort toutilize the facility listed below with which arrangements have been made by the staff.I understand that no medical services may be rendered at government expense withoutprior authorization.

D. Hearth facilities to be used in emergencies:

B.

C. I

ResidentSignature^/^^^.^^^ •pat, fiyfa/^Staff Witness Signature Date

dcl206

Revised 07/01/03 Signture ///U7fxa/rs^lf/aa^^Titled si&fckt

Print IfamSuwe a«^HygjM?oi 'i

mure '^

Title /? ?y\



Release of Information Consent Form- Employment / Release Planning

Facility-' —/ -^ fry

Date of Inquiry for Information: Any time while a resident at Dismas Charities

Person Requesting Information: Any Prospective or Current Employer

Organization: Dismas Charities, Inc.

Specific Information to be Released:Case file material relevant to employment including work history, offence, legal status, periodsofincarceration, recommendation ofstaff, etc.

Purpose or Need for Information:So that Dismas Charities staff may give information to prospective employers who areconsidering hiring a resident and so that Dismas Charities staffmay verify currentemployment.

Register Number Expiration of Consent

Resident Signature « . Date

97/al^/oStaff Signature £^4 Date

~?/2.& //O

Note: All Information disclosed Is limited by confidentiality requirements in regard to the Privacy Act of

iau- Print Name%afe?// Mktutewv Print Name^w^^^rSignture {on/a* /£*'ai>«** Signture/^Title feK/eui Title ^rn

dci225

Revised 07/01/03

Page 1 of 1



Hazard Communication Training

Facility

&^

Resident Namelent Name Registration Number

I acknowledge that I have received training in the requirements of the OSHAHazardCommunication Program on 7 / 2<S / /a . Ihave been made aware of the location(s)of all Material Safety Data Sheets (MSDS's), for those products requiring them, in this facility.Further, the following items have been explained to me:

• The proper handling, use, and emergency procedures for each chemical productpurchased for use in this facility;

• The requirements of how chemical product(s) will be issued, inventoried, and controlled;

• The need for all remaining chemical products issued to me to be returned to staff;

• All empty containers in which chemical products were issued need to be returned tostaff at the end ofeach usage for proper storage (i.e., inventory and control) and/ordisposal, if needed.

Resident Signature

A'</^#xybf>tf*aviSD/L^,

Staff Signature

£-<

Title fietfcfe*^

dci243

Revised 07/01/03

S€lUt_Slgnturfitle a^

Date

Date

07/2^JÔ/O

7/lt//*

Page 1 of 1


DismasCharities, Inc. ~

Receiptof Personal Property / Contraband List

Receipt of Personal Property List\7XfiTM &w>ui*#//<< nave receivedPersona. Property List.. understand that this list contains the maximum!number an!J type ofeach item of personal property Iam permitted to possess while at a Dismas Charities Center IS ZS!^there Wi,lHK n° 6XCepti0nS a"0Wed to this ,ist- AnV excess p'opeCr p?oPÎM UndP^nH?hTVed ^ me °r my rePresentative n° >ater than 24 hours afteTrecent offhisiniL Z 2? •^ any 6XC!lS Pr°Perty °r Pr°perty not ,isted which is in lhe facility after theinitial 24 hours will be removed by Dismas staff and disposed of.

^nt°0rJnMewrS!and "? *" PerSOn,al Pr°perty wi" be stored in a<*ordance with Dismas CharitiesCenter guidelines. Any personal property regardless of quantity or type not stored in acco dancew.th these guidelines will be considered excess property and removed by Dismas staff

Resident Signature 0 ~ Date

a?!&)*2o/D

StaffSignature

>SCDate

7/2g> [

Receipt of Contraband List

Contraband Listffierstandthat all items on ihis^Ta^for^dVn mZSSZoESL. have received a copy ofthe Dismas Charities"•"'"•> »^"« ">'u»o »j>i die lorrjiaaen in tneuismasC

,—g-eflgf.. '"any Dismas Charities Center vehicleoronPismas Charities Center prope\ ""derstand hat if IafrTTourTd to be InôssessiolToTanyTtuiii un lliib IIU, the Hem wrtTBe\ confiscated from me and disposed of by Dismas Charities staff. Ialso understand™ atff

found to be in possession of any item on this list Iwill be subject to disciplinary action.

\cejjueiu oignaiure.-i / Date

07/<&)2oio\

-7/2A//0

am

Print WimiWtiM bobusteffl*

Title fatftfewt'

Print Name^^r &.^SigntureTitle

dci263

Revised 07/01/03

£=?>

Page 1 of 1



Resident Employment Orientation Form

Resident Name «• Date

W/zilto/oTime

<zo:3D

Each resident will be thoroughly oriented to the following:

• Intake / Individual Employment Data• Work Entry Programs / Job Skills Group• Inter Agency / Referrals / Vocational-Rehabilitation / Dept. ofEmployment Services• Employment Contacts / Forms / Verification• On-Site / telephone job verification contacts• Verification of wages / Pay stubs• Notification to supervising authority of 15 day unemployment status• Incident / Disciplinary Report• Job Search / Summary Review Conference

I have had the above orientation. Iwas allowed the opportunity to questionand receiveclarificationon all Employment Program Policies and Procedures and now understand them.

Resident Signature Q j Date OIJZZUO/OIdiscussed and explained to the residentthe above orientation and allowed him the opportunityto question and receive clarification on all Employment Program Policies and Procedures.

Staff Sii

Print Name T&ffm &xjdui/ap7*%tim^m7au^/#/u<se>L.Title jZotfe/en^—

dci214

Revised 07/01/03

Date

7/20 //o

Print Name %uît fiesta

3igntur|^C^L__Titte /?-/*

Page 1 of 1



Financial Responsibility Agreement

Federal

I understand that once I obtain employment and/or am in a earning capacity, I must paysubsistence to the Federal Bureau of Prisons in the amount of 25% of my gross income. Iagree to pay this subsistence to Dismas Charities on a weekly basis, each and every Friday by8:00 PM. I also understand that at the time of paying subsistence I must submit a pay stub andreport all financial earnings to my Counselor. Documentation of those earnings will besubmitted to my Counselor as well. I understand that failure to meet financial obligations duringmy residency will result in disciplinary action.

In addition, I understand that my last week of subsistence is due the Friday before my release.Failure to do so will result in loss of all privileges, and an Incident Report will be initiated, whichwill result in a possible delay of release date. I also understand that I must open a savingsaccount and maintain a minimum of 10% of my net earnings in that account. I agree to makethese deposits on a paycheck by paycheck basis. If I cannot open a savings account, I will seekout an alternative savings method with my Counselor. I am also aware that I may not withdrawany money from my account unless authorized by my Counselor.

* sident Signature^ Date

Staff Sig Date

Print Name iTfoVM £hJM4&/J£<

Title i&Uê^/- -

dd210fed

Revised 07/01/03

Q7/&)2>/e?

~>/i gA

Print Name 6^/7/g G^hSignture

A fin

Page 1 of 1



Acknowledgment of Custody

Public Law 89-176, 89th Congress, H.R. 6964, September 10, 1965, amends Section (d) ofSection 4082 of Title 18, United States Code as follows:

"The willful failure of a prisoner to remain within the extended limits of-riis confinement, or toreturn within the time prescribed to an institution or facility designated by the Attorney General,shall be deemed an escapee from custody ofthe Attorney General, punishable as provided inChapter 35 of this title."

ACKNOWLEDGMENT OF CUSTODY

I understand that I am in the custody of the AttorneyGeneral of the United States. I furtherunderstand that leaving the Residential Center without permission from the Center Director orhis/her authorized representative, shall be deemed an escape from the custody of the AttorneyGeneral. Ialso understand that leaving my placeofemployment or training, without permissionfrom the Center Director or his/her authorized representative, or failure to return to theResidential Center within the time prescribed, shall be deemed an escape from the custody ofthe Attorney General of the United States.

I do hereby acknowledge that I fully understand this law.

This is the <£8 day of A1*- y

Resident Signatureurey \ ~Q T~Z

Staff Sign

dcl242

Revised 07/01/03

Siqnture ^/Ta/ak A^'cCwr**^Title £erfe/etr-i-

,20 ID.

Print Name '̂rtn'C (^cjfy-n

fitle\^-J^~/2- r*n

Page 1 of 1



Check-In Form

Resident Name . . Facility

EcM

The following items were issued to the above named resident upon his or herarrival. It is agreed that all items will be returned when he or she departs fromthis Dismas facility.

Quantity Item Value ($) Issued Turned-inLock 5.00 dl DPillow 7.50 d- •Pillowcase 2.00 d •Sheets each 4.00 tf •Blanket or Bedspread 12.00 jzr •Washcloth 1.00 £f •Towel 3.00 vr •Mattress Pad 10.00 jr aLaundry Containers 8.00 ur •

I understand that ifanyof the above items are not turned in, Iwill be personallyresponsible for reimbursing Dismas Charities, Inc. for the dollar value of any itemnot returned to Dismas.

Resident Signaturcy^^^J/j^^rStaff Witness Signal

Datt* f)?J^/2o7^Date

Print Name^^y &4dus&fMSiqnture^Vv^ £&«/cfic*/eek *> ?Title Qîên-i

dci204

Revised 07/01/03

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/£_/r)

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Page 1 of 1



Resident Orientation and Acknowledgement FormFacilittj' . „

X2*"7/* rzA

\rmw &ta^^wcTT^T^/.zs>/<?Time

Zo\3o

Each resident will be thoroughly oriented to the following:

Program Goals / Staff ExpectationsProgram Services AvailableCommunity Services AvailableSpecial Aftercare ConditionsIndividual Program Plan / ChangesProgram LevelAdvancementLegal StatusEligibility For DischargeConfidentialityOf InformationResident Rights)Resident Grievances / Admin. Remedy

^3 Program Rules / Restrictions- Disciplinary Actions

Emergency Plans / Drills• Fire

• Severe Weather• Disaster Emergencies• Medical Back-Up• Hazard CommunicationsContraband Policy/ ListSearches

Room Inspections

• Personal Property List• Linen Exchange And Laundry Facilities• Work Detail Assignments• Timecard Procedures• Escape Policy• Financial Responsibility

• Subsistence• Savings Accounts• Budgets• Restitution / Fines / Child Support

• Resident Bulletin Boards• Wake Up• Food Service Program• Recreation

• Medical Care/ Health Services• Medication

• Over-The-Counter / Prescription• Medication Call (SAM)

• Urine Surveillance Policy• Emergency Clothing• Transportation Assistance• Authorization To Drive Policy• Visitation

And Procedures and now understand them clarification of all Program Policies

In addition, Ihave received and read the following program statements:1. Sexual Abuse /Sexual Assault Policy2. Resident Suicide Prevention / Intervention Information Sheet•i. Blood Bourne Pathogens and Universal Precautions (HIV /AIDS)

Residepr'Signaturav .

-/Date<€/£/q<f&^ P7/2lJjolo_

s^jss^zsssssr-Staff Signature

HS5£r

dci223

Revised 09/30/04

Date ,

7/£l/

Page 1 of 1


BP-S0434.073

JUL 08

U.S. DEPARTMENT OF JUSTICE

Traian Bujduveanu

COF NITY BASED PROGRAM AGREEMEF cdfrm

FEDERAL BUREAU OF PRISONS

Register Number, 80655-004 / herebyauthorize employees of the Department of Justice and employees of any facility contracting with the Department of Justiceto release any or all of the contents of information in my inmate central file to educational facilities, social agencies,prospective employees, etc., for the purpose of assisting in all phases of community programming and release planning.I also authorize the above persons to advise prospective employers that I am currently in the custody of the U.S. AttorneyGeneral serving sentence or under the supervision of the U.S. Parole Commission or U.S. Probation Office. This consentwill remain in effect until my release from supervision or until revoked in writing by me. Revocation of thisauthorization may result in my removal from a community-based correctional program.

I understand that while a resident of a residential reentry center or work release program I will be expected to contributeto the cost of my residence through payments to the contractor and I agree to make such payments. I understand thatfailure to make payments may result in my removal from a community-based program (Not applicable for MINT referrals) .

I understand that urinalysis or other Bureau of Prisons authorized testing to detect unauthorized drug or alcohol use maybe required as a condition of residence in a residential reentry center or work release program, and if required, I agreeto submit to such testing. I understand, that ingestion of poppy seed products may result in positive test results forunauthorized drug use and is therefore prohibited.

I understand that no non-emergency medical care may be provided to me at the Bureau's expense without prior authorizationof the BOP. I understand that, as part of my transition to release, I am expected to assume increased responsibility formy health care while I am a resident of a community-based correctional program.

I also understand that I may be transferred by the BOP to a suitable institution or facility at the Bureau's option formedical care should the Government deem it necessary.

I understand that I may be required to undergo clinical assessment and may be required to participate in treatment', e.g.mental health/psychiatric treatment, substance abuse treatment, sex offender treatment, recommended as a result of theassessment. I understand that failure to abide by treatment program recommendations may result in my return to a securefacility.

I understand that I may be required to abide by the conditions of supervision as imposed by the sentencing court or theU.S. Parole Commission, including the payments of fines and restitution and to follow the instructions of the probationofficer as if on supervision.

I understand that upon arrival at the residential reentry center I may be initially placed in the restrictive CommunityCorrections Component for a period of orientation. In this component, I will be expected to remain at the RRC unlessauthorized to leave for employment or other authorized program purposes. Additionally, I understand that social visits\d recreational/leisure activities will be confined to the RRC.

understand that while a resident of a residential reentry center or work release program I will be required to abideby the rules and regulations promulgated by such program.

For MINT referrals, I understand that I or the guardian shall assume total financial responsibility for my child's carewhile I am a resident of a RRC. Should I or the guardian be unable or unwilling to bear my child's financial cost, I willbe transferred back to my parent institution immediately. I understand that no financial support will be provided to mychild by the Bureau of Prisons.

PART II

In the event that I.am approved for Home Detention, I agree to abide by the following conditions related to my legalparticipation in H6rag_Detention.

I understand that my participation in Home Detention will be an alternative to placement in a RRC for no more than thelast six months or 10% of my sentence, whichever is less. I am aware that. I will legally remain in the custody of theBureau of Prisons and/or the U.S. Attorney General and that failure to remain at the required locations may result indisciplinary action and/or prosecution for escape.

I agree to report to my assigned probation officer or the contractor's facility immediately upon reaching my releasedestination.

I understand that if I decline to participate in the recommended Home Detention program I may face administrativereassignment out of the residential reentry program.

I agree that during the Home Detention period, I will remain at my place of residence, except for employment, unless Iam given permission to do otherwise. I also understand that I will be required to pay the costs of the program based onmy ability tb pay. — —

I also agree to maintain a telephone at my place of residence without "call forwarding," or "three-way calling" for thisperiod. I also agree that if instructed to do so, as a condition of Home Detention, I will not have access to a computerwith a modem or other .device for accessing the internet. I also agree that if my confinement is to be electronicallymonitored, I will weapjany electronic monitoring device required, follow procedures specified, and comply with anytelephone and computer access restrictions as they apply to the monitoring device requirements.

Traian Bujduveanu

"nate's Printed N;

D. Beasley-KnighWitness' Printed Name-and Signature

Record Copy - CCM; Copy - CCM; Copy

(This form may be replicated via UP)

1//Q{0Â^/dui/^ci^k

Central File

^vhvVvT

A^-ioDate

Replaces BP-S434.073 dtd DEC 98


CONDITIONS OF HOME CONFINEMENT

-t- T -_ _ -• - -

Register Number$<%S5-06

1. Iwill reside at my approved residence at5^0 \ \A| TV--. , J Ck\ I Ol- •' IV2. I will conduct myself ina lawful manner. '

for this period and will, when requested, provide copies ofmXnZe hi^Tr .I I°* P°mble COrdless tdePhone

7^ 4. Iwill accept the visits ofCCC/Probation personnel to my job site and home.yj) '5. Iwill return to the CCC/Probation at lease QX

participation, and more often if instructed to do so.

-p * I™11°°,°™»p-«-"y*.*ywe.po»otta„™Elybeinth„ompanyofapmoiipossess.n8the!imcfX 7. T will rpmain pfoo^.'l,, «~_t j _,

.weekly for routine progress reviews and program

f3 7. Iwill remain steadily employed at |U 14without prior approval ofCCC/Probation staff. , .and will not change employment

TP " LIS"0™* aSSOd"tt ™'h "™h™* ' <™>•»* « fteqM p„ces where il^, aclivifa «

T>J^g^SSgr^04'"i" ™fa«"**~ <""-*»l e,cep, fa employmnl, u„,c!-• Iwill not won or drivej^notorvehicle withoutCCM^Jmva

\ ."•|"!!'M°tySPeda' inSttUC,i0"S EiVm "™bj* CCC/P'°talta- ("•• **»* moni.0^ progIlm participationr~f2; 14. I will submit tu minalvnte nraln^hî *„.,*: . .,—-.—fl 14. I will submit tu miimlysis oralcohol testing as requested hv ihP rrr/P^ ,• T—: :

foodproductsmayrcsultinpositivetestreLtsf^n^f I 15. Iagree to pay subsistence for the cost of my participation in Home Confinement.<f& 16. Iunderstand that Iam personally responsible for all costs of my housing meak a„H. i u•

medical care, while Iam on Home Confinement. g 6ral subsistence> including

I fully understand that willful failure to report as reciuired unauthnrivprf „i <• •_,failure to otherwise inform Center staff of my wn3£ cou.fconsUtnf ^ "f^ emP,0*ment< orywnereauouts, could constitute^ escape from federal custody.

' \T~Z: ; i / h-^tTttWf—^Date

Resident's Signature/ „ i^1/XkCh<

Approved (CCC Director)C^t £••

J5 /T o ) -/-^W^


HOME CONFINEMENT SPECIAL CONDITIONS

RESIDENT'S NAME^,\Aui/eA/Mi I~Tra:*n^

1_REG. # ôUSS-ooq

I understand that I amrequesting to be placed on home confinement. I know that I must adhere to all of therules stated in the Bureau ofPrisons Conditions ofHd.me Confinement form as well as all of the policy andprocedures and rules and regulations of the facility. Iwill return to the center at least twice aweek forroutine progress reviews and program participation, and more often if instructed to do so. .

Date Prepared: *? 11Q[ 10

Resident's Signature: / /jM'Qfa Z/^/CtU

Counselor's Signatu A

•yj2^-*-<. Date:

Date:

Effective Date: ' j f -> I <O Approveji-fD) Disapproved ( )

Residents file

file

Director's Signature

/Etl^

a Q/^<5/£>'

^hol10


can.initially be assigned to this Level for a specific number ofdays, then depending on theiradjustment. may be transferred to Pre-release component. Other residents are designated CCCstatus entire stay bv CCM office.

RESPONSIBILITIES-

1. You must diligently search for employment Monday through Friday until you havesecured employment. One job search site daily.

2. You must obtain full-time employment within 15 calendar days of your arrival.3. You must maintain full-time employment4. You must call the center when you get to work and prior to your return.5. You must follow your Individual Program Plan6. You must attend and participate is required program activities to include journaling and

12 hours of life skills.

7. You must maintain clean living quarters8. You must complete assigned work details9. You must maintain clear conduct

10. You must pay subsistence on time and open savings account and make deposits of at least10% of your net income each pay day.

11. You must begin to pay toward your Court Ordered fines and restitutions and any otherCourt Ordered obligations: Example: Child Support, garnishments, etc.

12. You must develop a budget with your Counselor13. You must remain alcohol and drua free

PRIVILEGES-

1. You vvill be able to access emergency medical care and programming appointments in thecommunity as approved by the BOP, your Counselor (and'or) Facility Director/ AssistantDirector, or USPO. (Receipts must be submitted to staff for all appointments, socialutings, etc.)ou will be able to attend weekly church services, as approved by your Counselor,aximum of (3) hours per week including travel. Church must be within (5) miles of the

facility. (Church Bulletin and a completed Church Report'Form must be provided uponour return back from the facility) Note: Exceptions to the (5) mile rule vvill only be

made when your stated denomination of worship can not be located within five miles ofthe program.You will be able to participate in visits pursuant to the posted visitation scheduleYou vvill be allowed out of the center one time each month for a haircut and purchase ofpersonal hygiene products, etc. (1 hour maximum)

u

LEVEL 2- Residents in this level are only allowed access to the community for the purpose ofjob search, interviews, employment, and specific treatment programming needed outside thecenter. Note: This level is the highest level of achievement tor Prolic Law and Most SevereCategory offenders.

RESPONSIBILITIES-

1. You must diligently search for employment Monday through Friday until you havesecured employment.


BP-S205.073 INCIDENT REPORT (CCC'S) CDFRM

AUG 99

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

• 1. Name of CCC:

DISMAS CHARITIES, DANIA BEACH Part I - Incident Report

2. Name of Offender

Bujduveanu, Traian

3.Register Number80655-004

4 . Date of

10/13/10

Incident 5. Time

1:00pm

6. Place of Incident

Dismas charities, RRC

7. Component

Pre Release

8. Type ofSentence

Offender

9. Incident: Possession manufacture

of a community program. Code: 108,or introduction of

309

a hazardous tool. / Violating a condition

11. Description of Incident (Date: 10/13/10 Time: l:00pm_ staff become aware of incident)

On 10/13/10 I observed offender Bujduveanu walking towards his vehicle(blue Ford Explorer truck) inthe resident parking lot. He then got into the vehicle and backed the vehicle into a parkingspace. I asked his counselor if he was authorized to drive and she stated that he was not and thathis wife was authorized to transport him. A review of his file corroborated that he was notauthorized to drive. Offender Bujduveanu had driven the vehicle from his home to the facility. Hiscounselor went outside and brought offender Bujduveanu inside where we questioned him about why hewas driving without authorization. Staff explained to him that it was against the rules for him tooperate a vehicle without permission and we searched his vehicle. During the search staff found anunauthorized cell phone (black Motorola in offender Bujduveanu's name) and a black Motorola carphone charger. Offender Budjuveanu is therefore in violation of code 309:Violating a condition of acommunity program and code 108:Possession manufacture, or introduction of a hazardous tool.

of Repgyting Employee

W

Date & Time

-3rG-/l3/10 2:30pm13. Name & Title (Printed)

Derek Thomas Assistant Director

14 Incident

It'ivered to Above Offender By 15. Date Incident Report Delivered

(0|2s/fO16. Time Incident Report Deliveredi 1^Xj2^

Record Copy - Central File Record; Copy - DHO; Copy - Inmate After UDC Action; Copy - Inmate Within 24 Hours OfPart I Preparation(This Form May Be Replicated Via VJP) Replaces BP-205.073 Of MAR 94

&kvU *




Disciplinary Report

Resident Name

Bujduveanu, TraianRegister Number80655-004

FacilityDania Beach

Rule#

309Date of Alleged Offense10/13/2010

Status

Pre-Release

Description and Comments:

Mr. Bujduveanu was observed operating a motor vehicle onnot authorized to operate a motor vehiclewithout the appro

10. Mr. Bujduveanu isDirector.

Resident's Commentsnesiaem s comments: , at >V Z^fQM&U&/ /W<?

e.}nW<z*tA-

Resident Signature

Reporting Staff Sig

Presenting Staff Signature )4 rvx <?Investigation:

Resident's Comments:

Number of DRs to date: Number of DRs for this rule:

Action Taken:

Resident Signature Date

see /rrftafr^ ernes

dci207int

Revised 04/01/04

Datei/7*<~

icms~-k)

yes^yfip'

DateJ.<J-*C-U3

Date/O-t^-iO

Page 1 of 1


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Disciplinary Report

Resident Name

Bujduveanu, Traian

Rule#

309 violation

Description and Comments:

Register Number80655-004

Date of Alleged Offense10/18/10

FacilityDania Beach

Status

Sentenced

Resident attempted to have an unauthorized visit in the resident parking lot. Mr. Bujduveanuwas not given permission to have any items dropped off to him nor did he receive permissionto have a visit today. Resident is on restriction for 3 weeks and cannot have visitation withinthose 3 weeks.


Date

Date

Date

t**®-m

fa>//S//oinvestigation:


Number of DRs to date: Number of DRs for this rule:

Action laken:

60 days extra duty (light duty), no visitation until further discussion with Director, AssistantDirector and Counselor. No weekend movemnts until further notice.

Resident Signature

dci207int

Revised 04/01/04

Date /TStaff Signature Date

Page 1 of 1


October \Q}<2£>io

-\\) Sign dfeGAptinouo. voporVs. t^s. veSjssd S^rdavj, octoWl"\) Monday OcrYotar Ify andTvjeSctoK| ac^cex- iQ)aovo.Ur. feujclovânu is mar\ GDmplian* -to oomrr»un(KAprcxjom rules and veû\cttfcns.

mar. feu^ckjMeo^j has SfcAGd ito*r he (U&es rc* \jjoa-v"to ^\qjr\ Qn\| GtojmentoHon6 *e<yirdirCx irfcic&rrte•VhOr has QOUurKfcl uJhlle V>e fe \o fociUtu - We ateo\e*U92S -Vo -to do tic^Wt <U>Yves (*.cj. dj^^>joojunaircv)

Ux.fco^dutejQnu hOS recced <Ymj^vrveS for a artewanoeform -ro FfcL aofxonsv fadUA\_y \\* oteo uxxytVs Of uyx^W-tt> r^por-V -Vo -Wvsl v^V\c-e, -yy*rt- V\\s <££U phone ooas srcfcendue -Vt> -VW- fceV -VWtf* V\\S Vône U3QS uonfiSCftÔd Crt•Wo. 'Wns. c£ \rcc*\\cV£u Vrspeertor* iftes\&irife ate. not c\\Voatfd•Vt> Kavje. Q&.IV pVt>irvas uaifcss, oWvcrujte<L ^rmiVied b^fcOP)

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Memo:

From: Derek Thomas Assistant Director

Re: Property Release

in regards to Mr. Traian Bujduveanu's property here at Dismas Charities RRC. When he arrived he listedhis wife as the sole person to release his property to should anything happen to him (i.e.; death orremoval from the program). Once Mr. Bujduveanu was discharged from the program and sent to FDCMiami, we attempted to contact his wife on several occasions in order for her to come and pick up hisproperty. Mr. Bujduveanu's son Alexander came by and attempted to obtain his property. He wasinformed that we could not release the property to him as his father had not given permission. Mr.Bujduveanu's wife was contacted several more times by staff members in regards to his property withno answer. Mr. Bujduveanu sent awritten request to Dismas staff on 10/25/10 that gives his son;Alexander Bujduveanu permission to pick up his belongings. As of 11/15.10 neither Mr. Bujduveanu'sson nor his wife have come to retrieve his property.

Derek Thortâs

Assistant Director


OCT-19-2010 TUE 11:45 AM FAX NO, P. 01/02

Date:

Reply toAttn of:

Subject:

To:

Info:

October 19, 2010

UNITED STATES GOVERNMENTm e m o r a n d u m

Community Corrections Office401 North Miami Aveuve

Miami, Florida 33128-1830305-536-5718

Fca: 305-536-4024

Carlos E. Rodriguez, Community Corrections Manager

Bujduveanu, Traian Rejg. No. 80655-004*** CCC Program Failure ***

U.S. Marshals Service - Fort Lauderdale, Florida

BOP - FDC Miami, FL (JISM &CMC)

The above-referenced inmate is aCCC Program Failure. Please assume custody of him soon aspossible, and transport him to FDC Miami, Florida.

The subject is currently assigned to Dismas House CCC, Dania, Florida.J^J^£ CCCDirector, Ana Gispert, at (954) 920-6558, for assistance in assuming custody ol this inmate.

. m, ,,n, 1A Th;„ ;c qcCC Proeram failure for security reasons. He has aNote <o MtM (ISM) - ^^£^7.1™ via OCT His release date is not subject tochange. '

Thank you for your assistance with this matter. If you have any questions, please contact mat305-536-5178.

Xta-hi I


BP-S208.073 CENTER DISCIPLINE COMMITTEE REPORT (CCC'S) cdfrmMAR 94


Name of Inmate

Bujduveanu, Traian

Date of Incident

10/13/10

Register Number80655-004

Date of Incident Report10/13/10

Hearing Date10/29/10

Prohibited

Act (s) Code 108, 309

Summary of Charge(s Possession, manufacture or introduction of a hazardous tool / Violating acondition of a community program.

I. NOTICE OF CHARGE(S)

Date Typed Name/Signature DH0

A. Advance written notice of charges (copy of incident report) was given to inmate on10/20/10 at 0739 by Dontallis Render . ( Resident refused to accept a copy of

the charges when he was picked up by the US Marshals.Date Time

B. The CDC Hearing was held on 10/29/10 at 10:50am _^Date Time

C. The inmate was advised of his rights before this CDC by: Bobbie Lowery

on 10/22/10 and a copy of the advisement of rights form is attached.Date

II. STAFF REPRESENTATIVE

A. Inmate waived right to staff representative: (Yes,/£o./NA) He originally called for RM CorkyShennett who was unable to attend due to his work schedule.

B. Inmate requested staff representative and NA appeared.

C. Requested staff representative declined or could not appear but inmate was advised of optionto postpone hearing to obtain another staff representative with the result that: Staffmember Angela Moore was sent as a staff rep and offender Bujduveanu did not request anotherstaff rep.

Ill PRESENTATION OF EVIDENCE.

A. Inmate has been advised of his right to present a statement or to remain silent, to presentdocuments, including written statements of unavailable witnesses, and for relevant andmaterial witnesses to appear in his behalf at the hearing.Inmate admits/denies the charge(s) during the investigation

Summary of Inmate Statement:

C. Witnesses:

1- The inmate requested witnesses: (Yes/No/NA)1. The following persons were called as witnesses at this hearing and appeared- See

attachment (Tbr«J( g^TeS)2. A summary of testimony of each is attached: (Yes/No/NA)3. The following persons requested were not called for the reason(s)given: /U4-4. Unavailable witnesses were requested to submit written statements and those statements

were considered: (Yes/No/NA)

D. Documentary Evidence: In addition to the incident Report and Investigation, the Committee-c°n5ideiM_.the_following__d^_u The_Cpmmittee_._co.nsidered the__following documents-Documentation allowing offender Bujduveanu's wife to transport him and photos of the cellphone and charger.

E. Confidential information was considered by the CDC and not provided to inmate (Yes/No/NA)

ExUV l\


BP-s208 (Continued)

IV. FINDINGS OF THE COMMITTEE

a. The act was committed as charged. Code 108 and Code 309

b. The following act was committed:

c. No prohibited act was committed: Expunge according to your Statement of Work.

V. SPECIFIC EVIDENCE RELIED ON TO SUPPORT FINDINGSYour due process rights were read and reviewed with you by the CDC Committee at the time of thehearing. You stated you understood your rights.

The CDC found evidence that your behavior violated the BOP's Prohibited Act, Code 108 i.e. Possessionmanufacture, or introduction of a hazardous tool and Code 309 i.e. Violating a condition of a community program.The Committee based its decision on the facts outlined in the written report: On 10/13/10 I observed offenderBujduveanu walking towards his vehicle(blue Ford Explorer truck) in the resident parking lot. He then got intothe vehicle and backed the vehicle into a parking space. I asked his counselor if he was authorized to drive andshe stated that he was not and that his wife was authorized to transport him. A review of his file corroboratedthat he was not authorized to drive. Offender Bujduveanu had driven the vehicle from his home to the facility.His counselor went outside and brought offender Bujduveanu inside where we questioned him about why he wasdriving without authorization. Staff explained to him that it was against the rules for him to operate avehicle without permission and we searched his vehicle. During the search staff found an unauthorized cellphone (black Motorola in offender Bujduveanu's name) and a black Motorola car phone charger. Offender Bujduveanuis therefore in violation of code 309:Violating a condition of a community program and code 108:Possessionmanufacture, or introduction of a hazardous tool.

VI. SANCTION RECOMMENDATION Based on the above evidence the CDC Committee recommendsoffender Bujduveanu, Traian remain Disciplinary transferred.

VII. REASON FOR SANCTION RECOMMENDATION

To deter this and other inmates from committing similar actsfuture.

in the

VIII. APPEAL RIGHTS Inmate was advised.

The inmate has been advised of the findings, specific evidence relied on, action and reasons forthe action. The inmate has been advised of his right to appeal under the Administrative RemedyProcedure or by letter within 20 days of the imposition of the sanction to the Regional Director.A copy of this report has been given to the inmate.

IX. DISCIPLINE COMMITTEE

Chairperson

Galo Rugel

X. ACTION BY DHO

>4yw<j)Member

END FORM "' '"

(This form may be replicated via WP)

Member

Typed Name/Signature - DHO Date


NOTICE OF CENTER DISCIPLINE COMMITTEE HEARING (CCCS)

U.S. Department ofJustice Federal Bureau ofPrisons

Facility

(J, Sm^J, ( 6#&.

Register number

'ftUMq /?- ££>**//IsVaJ Of/?- &is%/ntstf/'Z% j&>f&fy*r-

T~7You are being referred to the CenterDiscipline Committee for the above charge(s):

The hearing will be held on: /Q A^-9 / /Oat thefollowing location; CTj'C rfnk: ,yu\_

Code Number

at ?-7Si;o ^gNf)p.M.)

Youareentitled to havea staff member represent you at thehearing. Please indicate below whether youdesire to have a staffrepresentative, and ifSc,hjs_orherj name CO^l^Y J>/fr^////£r/ /

Inmate's Initials f h ^ U(do) wish to nave a staff representative.

Inmate's Initials V-^P 'yj (do not) wish to have astaff representative. •-/ £>if so, the staff representative's name is:

You will also have the right to call witnesses at the hearing and to present documentary evidence in your behalf, provided callingyour witnesses will not jeopardize Center Security. Names ofwitnesses you wish to call should be listed below.Inmate's Initials 7"~3 Briefly state what each proposed witness would be able to testify to.Name: ^7a 7?£/?M£3 -Can testify to:csttAf&ÛyHc*^ ,^/K c3p^Hr ^^^K^ ,

Name: M $M.Ls TW^.W^ .Can testify to: S^W^f C*>ff tf/*«£(*~f~

p^4 pcn-hc/o^ /teW-

&(ZhfyName: hfA/Ar ,Can testify to:

The Chairman of the Center Discipline Committee will call those witnesses (Staff or inmate) who are reasonably available, anwho are determined by him/her to be necessary for an appreciation ofthe circumstances surrounding the charge(s). Repetitivewitnesses need notbe called. Unavailable witnesses may be asked to submit written statements.

Date, sign, and return this form to the Chairman of the Center Discipline Committee.

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WAIVER OF 24 HOUR NOTICE

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BP-S205.073 INCIDENT REPORT (CCC'S) CDFRMAUG 99


1. Name of CCC:

DISMAS CHARITIES, DANIA BEACH Part I - Incident Report

2. Name of Offender

Bujduveanu, Traian

6. Place o£ incident—

Dismas charities, RRC

3.Register Number80655-004

~T~.—CumpuiifcuilPre Release

4. Date of Incident

10/13/10

8. Type u£ Ollendei

Sencence

5. Time

1:00om

9. Incident: Possession manufacture, or introduction of a hazardous tool. / Violating a conditionof a community program. Code: 108, 309

11. Description of Incident (Date: 10/13/10 Time: 1:00pm staff become aware of incident)

On 10/13/10 I observed offender Bujduveanu walking towards his vehicle(blue Ford Explorer truck) inthe resident parking lot. He then got into the vehicle and backed the vehicle into a parkingspace. I asked his counselor if he was authorized to drive and she stated that he was not and thathis wife was authorized to transport him. A review of his file corroborated that he was notauthorized to drive. Offender Bujduveanu had driven the vehicle from his home to the facility. Hiscounselor went outside and brought offender Bujduveanu inside where we questioned him about why hewas driving without authorization. Staff explained to him that it was against the rules for him tooperate a vehicle without permission and we searched his vehicle. During the search staff found anunauthorized cell phone (black Motorola in offender Bujduveanu's name) and a black Motorola carphone charger. Offender Budjuveanu is therefore in violation of code 309:Violating a condition of acommunity program and code 108:Possession manufacture, or introduction of a hazardous tool.

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li12<Signature ofRsgtfrting Employee Date & Time

-3r0-/13/lO 2:30pm-f

,/14 Incident BeportDelivered to Above Offender By

&tnju^

13. Name & Title (Printed)

Derek Thomas Assistant Director

15. Date Incident Report Delivered

Zo fU

IS. Time Incident Report Delivered

Record Copy - Central File Record; Copy - DHO; Copy - Inmate After UDC Action; Copy - Inmate Within 24 Hours OfPart'"'!''Preparation ~ -—

(This Form May Be Replicated Via WP) Replaces BP-205.073 Of MAR 94


Part II - CDC Action

17. Comments of Inmate to CDC Regarding Above Incident

Offender Bujduveanu, Train offered the following statement: Please refer to offender's written statement.

: 18. A. It Is The Finding Of The CDC That You: B. x The CDC Is Referrinq The Charqe(s) To The

DHO For Further Hearing.x Committed The Followinq Prohibited Act.

C. x The CDC Advised The Offender Of Its FindinqDid Not Commit A Prohibited Act. And Of The Right To File An Appeal Within 20 Calendar

Days.

19. Committee Decision Is Based On The Following Information

The CDC found evidence that your behavior violated the BOP's Prohibited Act, Code 108; Possession,manufacture or introduction of a hazardous tool t Code 309; Violating a condition of a community program.The Committee based its decision on the facts outlined in the written report: On 10/13/10 I observed offenderBujduveanu walking towards his vehicle(blue Ford Explorer truck) in the resident parking lot. He then gotinto the vehicle and backed the vehicle into a parking space. I asked his counselor if he was authorized todrive and she stated that he was not and that his wife was authorized to transport him. A review of his filecorroborated that he was not authorized to drive. Offender Bujduveanu had driven the vehicle from his home tothe facility. His counselor went outside and brought offender Bujduveanu inside where we questioned himabout why he was driving without authorization. Staff explained to him that it was against the rules for himto operate a vehicle without permission and we searched his vehicle. During the search staff found anunauthorized cell phone (black Motorola in offender Bujduveanu's name) and a black Motorola car phonecharger. Offender Bujduveanu is therefore in violation of code 309:Violating a condition of a communityprogram and code 108:Possession manufacture, or introduction of a hazardous tool.

20. Committee action and/or recommendation if referred to DHO (Contingent upon DHO finding inmate committprohibited act)

Based on the above evidence the CDC Committee recommends offender Bujduveanu, Train remainDisciplinary transferred.

21. Date And Time Of Action 10/29/10 11:25am (The CDC Chairperson's Signature Next To-Name-eerti-f-i-es-Who-Sat-On-T-he-UDC- And-That—The- Completed Report- Accur-ately-Reflects-The-CDC-Proceedings.

_Galo Rugel_ y4-rwOChairperson (Typed Name/signature) Member (Typed Name) Member (Typed Name)


Part III - Investigation

Page 2

BP-S205.073

22. Date And Time Investigation Began10/22/10 12:00pm

23. Offender Advised Of Right To Remain Silent: You Are Advised Of Your Right To Remain Silent At All StagesOf The Disciplinary Process But Are Informed That Your Silence May Be Used To Draw An Adverse InferenceAgainst You At Any Stage Of The Institutional Disciplinary Process. You Are Also Informed That Your SilenceAlone May Not Be Used To Support A Finding That You Have Committed A Prohibited Act.

rhe unender was Advised uf The Above Right By _Bobby Lowery _At (uata/time)iu/22/iu _ati2:oopm

Offender Statement And Attitude

V*'Offender Bujduveanu stated to this investigator that he was sorry and he would never intentionally violate arule or regulation. He however did admit to driving a vehicle from his home to the facility without approve*authorization. He stated that " The cell phone and charger belonged to his family." He was not aware thatthey were in the vehicle.

u

25. Other Facts About The Incident, Statements Of Those Persons Present At Scene, Disposition Of EvidenceEtc.

Resident does not have authorization to drive himself. He has authorization for his wife to drive him to andfrom his appointments. See attached photos of the cell phone and charger. It is clear that offenderBujduveanu, Train violated the program's conditions.

26. Investigator's Comments And Conclusion

Based on the on the reporting staff's testimony, the photo evidence and the offender's admission that hedrove unauthorized from his home to the facility, this investigator concludes the violation was committed ascharged.

2 7. Action Taken

Disciplinary transfer and refer to the CDC for Hearing.

Date And Time Investigation Completed 10/22/10

Printed Name/signature jpi Investigator Bobbie Lowery

at 12:4 5pm_

Counselor

Title

Page 3

BP-S205.073


Part III - Investigation

Page 2

BP-S205.073

22. Date And Time Investigation Began10/22/10 12:00pm

23. Offender Advised Of Right To Remain Silent: You Are Advised Of Your Right To Remain Silent At All StagesOf The Disciplinary Process But Are Informed That Your Silence May Be Used To Draw An Adverse InferenceAgainst You At Any Stage Of The Institutional Disciplinary Process. You Are Also Informed That Your SilenceAlone May Not Be Used To Support A Finding That You Have Committed A Prohibited Act.

The Offender Was Advised Of The Above Right By Bobby Lowery_

\/&4ty?y<.At (Data/time)10/22/10 _atl2:00pm_

t^r-tj 0-

724. Offender Statement And Attitude

Offender Bujduveanu stated to this investigator that he was sorry and he would never intentionally violate arule or regulation. He however did admit to driving a vehicle from his home to the facility without approvedauthorization. He stated that " The cell phone and charger belonged to his family." He was not aware thatthey were in the vehicle.

25.

Etc.

Other Facts About The Incident, Statements Of Those Persons Present At Scene, Disposition Of Evidence,

Resident does not have authorization to drive himself. He has authorization for his wife to drive him to and

from his appointments. See attached photos of the cell phone and charger. It is clear that offenderBujduveanu, Train violated the program's conditions.

26. Investigator's Comments And Conclusion

Based on the on the reporting staff's testimony, the photo evidence and the offender's admission that hedrove unauthorized from his home to the facility, this investigator concludes the violation was committed ascharged.

27. Action Taken

Disciplinary transfer and refer to the CDC for Hearing.


Part II - CDC Action

17. Comments of Inmate to CDC Regarding Above Incident

Offender Bujduveanu, Traian offered the following statement: Please refer to offender's written statement.

18. A. It Is The Finding Of The CDC That You:

x Committed The Following Prohibited Act.

Did Not Commit A Prohibited Act.

B. x The CDC Is Referring The Charge(s) To TheDHO For Further Hearing.

C x The CDC Advised The Offender Of Its FindingAnd Of The Right To File An Appeal Within 20 CalendarDays.

19. Committee Decision Is Based On The Following Information

The CDC found evidence that your behavior violated the BOP's Prohibited Act, Code 108; Possession,manufacture or introduction of a hazardous tool & Code 309; Violating a condition of a community program.The Committee based its decision on the facts outlined in the written report: On 10/13/10 I observed offenderBujduveanu walking towards his vehicle(blue Ford Explorer truck) in the resident parking lot. He then gotinto the vehicle and backed the vehicle into a parking space. I asked his counselor if he was authorized todrive and she stated that he was not and that his wife was authorized to transport him. A review of his filecorroborated that he was not authorized to drive. Offender Bujduveanu had driven the vehicle from his home tothe facility. His counselor went outside and brought offender Bujduveanu inside where we questioned himabout why he was driving without authorization. Staff explained to him that it was against the rules for himto operate a vehicle without permission and we searched his vehicle. During the search staff found anunauthorized cell phone (black Motorola in offender Bujduveanu's name) and a black Motorola car phonecharger. Offender Bujduveanu is therefore in violation of code 309:Violating a condition of a communityprogram and code 108:Possession manufacture, or introduction of a hazardous tool.

20. Committee action and/or recommendation if referred to DHO (Contingent upon DHO finding inmate committedprohibited act)

Based on the above evidence the CDC Committee recommends offender Bujduveanu, Train remainDisciplinary transferred.

21. Date And Time Of Action_10/29/l0 11:25am (The CDC Chairperson's Signature Next To:-Name-Certi.fies-Who-Sat.-On-.The-UDC-And_That_The-Completed Report.-Accur-ately-Reflects—The-CDC~Pr-oceedings--)

_Galo Rugel VfXT -KVÔChairperson (Typed Natrle/sighature) Member (Typed Name) Member (Typed Name)


BP-S494.073 CHECKLIST FOR CDC CERTIFICATION cdfrmMAR 94


Name of Inmate

Facility Dismas Charities

*fk_ljJi)UPCA IVaU^ | Register No. ^^5^-Q^(YES NO NA

ADVANCE NOTICE OF CHARGE

_ ^7 _ (1) The inmate was given advance written notice of the charge(s) against him no less than 24 hoursbefore the appearance before the CDC.

.(2) Iftheanswerto(l)is"No":(a^The inmate waived the 24-hour notice, or

(^pX^There exists avalid reason why the 24-hour notice was not given. The reason is:

STAFF REPRESENTATION

.(3) The inmate requested a staff representative and that staff representative appeared.

_(4) The inmate did not request a staff representative and, thereby, waived the right to a staffrepresentative.

(5) The inmate requested arepresentative who refused orwas unable toappear, and the inmate choseto continue the hearing in the absence ofthe requested representative after being advised oftheoption to postpone the hearing in order to obtain another representative.S&. ^-ffccfto^

WITNESSES AND DOCUMENTARY EVIDENCE

_ (6) The inmate waived the right to call witnesses.

_ (7) The inmate requested witnesses._ (a) The requested witnesses appeared and statements are summarized in the record.

(b) Reasons for not calling requested witnesses are documented in the record.(c) Written statements ofunavailable witnesses were submitted, considered, and included in the

record, ^c ^fl QcK*-v\l/}<5-

The inmate submitted written documentationwhich was considered and is includedin the record.

The inmate's statement to the CDC is summarized in the record.

FINDINGS AND SPECEFTC EVTDENCE

The findings of the CDC are supported by a substantial factual basis.

The specific evidencerelied on is adequatelydocumentedin the record.

SANCTION

The sanctionrecommended by the CDC is proportionate to the offense committed.

The reason for the sanction are adequately documented in the record. /^^\

The DHO has added sanctions. — , ,^

— -_W

y _(9)

_(10)

_(H)

V ~_(12)

_(13)

— —

_(14)

DHO Signature Date

(This form may be replicated via WP) Replaces BP-494 of MAR 91


Documents

Doc. 126 2