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Florida Department of Corrections Charlie Crist, Governor Walter A. McNeal, Secretary Post-Release Substance Abuse Transitional Housing Program Guide Department of Corrections Bureau of Substance Abuse Program Services Originally Published September 2006 FRANCHATTA BARBER, ASSISTANT SECRETARY PAM DENMARK, DEPUTY ASSISTANT SECRETARY OFFICE OF RE-ENTRY *Revised December 2010

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Page 1: Post-Release Substance Abuse Transitional Housing Program … Post-Release Substance Abuse Transitional Housing Program Monitoring Instrument - an evaluative instrument that will be

Florida Department of Corrections

Charlie Crist, Governor Walter A. McNeal, Secretary

Post-ReleaseSubstance Abuse

Transitional HousingProgram Guide

Department of Corrections

Bureau of Substance AbuseProgram Services

Originally Published September 2006

FRANCHATTA BARBER, ASSISTANT SECRETARYPAM DENMARK, DEPUTY ASSISTANT SECRETARY

OFFICE OF RE-ENTRY*Revised December 2010

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POST-RELEASE SUBSTANCE ABUSE TRANSITIONAL HOUSING PROGRAM

TABLE OF CONTENTS

I. BACKGROUND AND OVERVIEW 1

II. TRANSITIONAL HOUSING PROGRAM DESCRIPTION 3

A. Mandatory Program Components 3B. Provider Service Tasks 6

III. PROGRAM PARTICIPANT ELIGIBILITY 10

IV. PROGRAM PARTICIPANT REFERRAL, ADMISSION AND DISCHARGE 11

A. The Community Supervision Program Referral Form (DC5-404) 11B. Program Referrals and Admission 11C. Program Discharge 13

V. PARTICIPANTS UNDER DEPARTMENT SUPERVISION 15

VI. WORK DETAILS 16

VII. PARTICIPANT GRIEVANCES 17

VIII. PARTICIPATION IN PROGRAM ACTIVITIES 17

IX. EMPLOYMENT VERIFICATION 18

X. PROGRAM FURLOUGHS AND OFF-SITE ACTIVITIES 18

XI. COMMUNITY SERVICE WORK (CSW) 19

XII. FACILITY REQUIREMENTS, PROGRAM STAFFING, AND OPERATIONS 19

A. Facility Requirements 19B. Facility Standards 19

XIII. PROVIDER STAFF CONDUCT 20

XIV. PROVIDER STAFF (INCLUDING STIPENDIARIES AND VOLUNTEERS) 21EMPLOYMENT REGULATIONS

XV. STIPENDIARIES AND VOLUNTEERS 22

XVI. PROGRAM MONITORING 24

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XVII. RECORD KEEPING 25

XVIII. PROGRAM CURRICULA, RULES, POLICIES AND PROCEDURES 25

XIX. SUBSISTENCE AND PROGRAM FEES 26

XX. INCIDENT REPORTS 26

XXI. INVOICING 27

XXII. ORGANIZATIONAL STRUCTURE 27

A. Provider/Contracting Agency 27B. Office of Re-entry and Bureau of Substance Abuse Program Services 27C. Contract Manager 27D. Contract Coordinator 27E. Correctional Services Administrator 27F. Supervising Correctional Probation Officer 28

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I. Background and Overview

The 2001 Session of the Florida Legislature enacted Senate Bill 912, which permits theDepartment of Corrections to contract with multiple Providers who are privateorganizations, including faith-based service groups to operate post-release substanceabuse transitional housing programs for offenders released from state prison.

The Post-Release Substance Abuse Transitional Housing Program is designed to assistreleased inmates by providing drug and substance abuse re-entry and relapse preventionservices, transitional housing, and other support services to assist them in successfully re-entering their communities and living responsible, independent, law-abiding lives, abstinentfrom substance use.

In developing the program, it was the Department’s intent to place minimal bureaucraticconstraints upon Providers in order to allow them to continue to operate their existing programsas they did prior to contracting with the Department to provide transition services. Providersretain their own program eligibility criteria that participants must meet to be admitted to theprogram, and program rules with which participants must comply. However, programdischarge criteria are standardized between all contracted programs to facilitate theDepartment’s measurement of program success and recommitment rates.

Although the Department seeks to minimize bureaucratic constraints, providers are required tocomply with all contractual obligations and requirements, and be accountable for providing thecontracted services purchased with state funds.

The target population for the program is released inmates who have completed an in-prisonor community-based residential substance abuse treatment program, however, any recentlyreleased inmate in need of transition services is eligible to participate. In general, a “recentlyreleased” inmate will have been released from a Department facility within the previous one-hundred and eighty (180) days. However, exceptions to this time frame may be consideredon a case by case basis by the Contract Manager or designee.

Providers shall ensure that for those released inmates participating in the program, their faithorientation, or lack thereof, will not be considered in determining admission to the program andthat the program shall not attempt to convert a program participant toward a particular faith orreligious practice. State funds may only be expended to further the secular goals of criminalrehabilitation, the successful reintegration of released inmates into the community, and thereduction of recidivism.

Because program participation by released inmates is strictly voluntary, providers are notguaranteed a minimum number of referrals to programs for these services. Likewise,providers are not required to hold beds vacant for Department-referred participants.The program shall provide at a minimum, the following services:

Housing, electricity, running water, meals, and local telephone service in a clean,safe facility;

Programming and services which assist the released inmate to successfullytransition from prison to the community;

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Assistance with job placement with an emphasis on securing and retainingmeaningful, gainful employment; and

One (1) or more of the following approaches to providing substance abuse relapseprevention and re-entry services:

A curriculum related to substance abuse programming that uses a cognitive-behavioral model of addiction recovery that is exclusively religious, spiritual, orecclesiastical in nature, and thus exempt from licensure requirements under Rule65D-30, Florida Administrative Code (and all updates and revisions);

A curriculum related to substance abuse programming that uses a cognitive-behavior model of addiction recovery that is not exclusively religious, spiritual orecclesiastical in nature and provided in accordance with applicable requirementsof Rule 65D-30, Florida Administrative Code (and all updates and revisions);

A 12-step model of addiction recovery; or

Specific and detailed information regarding providers of these services in thecommunity.

This manual will explain the program design and structure of the Post-Release SubstanceAbuse Transitional Housing Program. The manual has two (2) sections:

Program Description - an in-depth review of how the Post-Release SubstanceAbuse Transitional Housing Program operates, including program and facilitycomponents, staffing, participant referral, admission and discharge and issuesspecifically relating to participation of released inmates under Departmentsupervision.

Post-Release Substance Abuse Transitional Housing Program MonitoringInstrument - an evaluative instrument that will be used by Department staff tomonitor contract compliance.

Throughout this manual the Department of Corrections is referred to as “the Department”and contracted Post-Release providers are referred to as “Providers”. Released inmatesparticipating in the program are referred to as “released inmates” or “programparticipants”. This manual is intended to be a guide to the operation of the program andmay be revised and updated, as necessary. The concepts and ideas included in thismanual shall be followed by all Providers and by the Department staff assigned to workwith and monitor the programs.

The Department of Corrections’ Post-Release Substance Abuse Transitional HousingPrograms are coordinated by the staff of the Bureau of Substance Abuse ProgramServices within the Office of Re-entry, and can be reached by calling (850) 488-9169 orwriting: Department of Corrections, Bureau of Substance Abuse Program Services,2601 Blair Stone Road, Tallahassee, Florida 32399-2500.

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II. Transitional Housing Program Description

A. Mandatory Program Components

1. Providers shall comply with the Department’s policy regarding “Non-Discrimination”, which states that “No person on the grounds of race, creed,color, national origin, age, gender, marital status or disability, shall be excludedfrom participation in, be denied the benefits or the proceeds of, or be otherwisesubjected to, discrimination in the performance of any Contract”.

2. Providers shall ensure that a program participant’s faith orientation, or lackthereof, is not considered in determining admission to the program. Providersshall not attempt to convert a program participant toward a particular faith orreligious practice and shall not discharge participants from the program for notparticipating in religious components of the program. The Department will provideinformation about the Provider’s program rules and requirements for participationin program activities and program curriculum to all interested inmates.

3. Providers shall utilize State funds for the sole purpose of furthering the seculargoals of criminal rehabilitation, the successful reintegration of released inmatesinto the community, and the reduction of recidivism.

4. Providers shall take the initiative in establishing linkages with DepartmentRelease Officers, Classification, Chaplaincy and other staff as a means toproviding information about their program to inmates pending release fromDepartment facilities in order to maximize utilization of program beds.

5. Providers shall provide Post-Release substance abuse transitional housing in aclean, safe facility, and will provide three (3) meals per day on-site (or have foodavailable for self-preparation of meals), electricity, hot and cold running water,and on-site access to local telephone service.

6. Providers shall carry adequate insurance coverage on a comprehensive basis onall approved program sites under the Contract and shall hold such insurance at alltimes during the existence of this Contract. The Provider shall agree to accept fullresponsibility for identifying and determining the type(s) and extent of insurancenecessary to provide reasonable financial protection for the Provider and theDepartment under this Contract. Upon the execution of the Contract and anytimethereafter during the contract period, the Provider shall furnish written verification ofsuch insurance coverage upon the request of the Contract Manager or designee.

7. Providers shall be responsible for furnishing all equipment and materialsrelated to the operation of a transitional housing program, including, but notlimited to, furniture and household supplies, bedding, on-site access totelephones and local telephone service, program and recreational materials,food and food preparation equipment, hot and cold running water, andelectricity.

8. Providers shall assist employable program participants in finding gainful andmeaningful employment with emphasis on employment that will enable them tobecome financially stable and self-supporting. The Provider shall assistprogram participants in obtaining a Social Security card, if needed, and

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developing job search and readiness skills (completing applications,interviewing, proper grooming and personal hygiene, and attitude anddemeanor).

9. Providers shall utilize:

a. A curriculum related to substance abuse programming that uses a cognitive-behavioral model of addiction recovery that is exclusively religious, spiritual,or ecclesiastical in nature, and thus exempt from licensure requirementsunder Rule 65D-30, Florida Administrative Code; or

b. A curriculum related to substance abuse programming that uses a cognitive-behavior model of addiction recovery that is not exclusively religious, spiritualor ecclesiastical in nature and provided in accordance with applicablerequirements of Rule 65D-30, Florida Administrative Code; or

c. A 12-step model of addiction recovery, or

d. Provide detailed specific information on community resources of this type toprogram participants needing this service.

10. The Provider shall deliver all licensable substance abuse services in accordancewith the applicable requirements of Title 42 Code of Federal Regulations Part 2;the Health Insurance Portability and Accountability Act of 1996 (HIPPA),Standards for Privacy of Individually Identifiable Health Information, Title 45 Codeof Federal Regulations, Parts 160, 162, and 164, Chapters 39, 397 and 415 ofthe Florida Statutes; Rule 65D-30, Florida Administrative Code, and all updatesand revisions; Code of Ethics and Conduct for Addiction Professionals of Floridaand any applicable local, state, and federal laws, rules and regulations.

11. Providers shall deliver transitional services such as guidance in the development ofan independent living plan and personal budgeting skills:

a. Guidance in the development of an independent living plan may includeclasses on the skills necessary for living independently, including, but notlimited to, locating affordable housing, setting up and maintaining ahousehold, and establishing long-term goals for continued personaldevelopment. Providers shall inform the Contract Manager or designeeof the methods they will utilize to provide guidance in the development ofan independent living plan.

b. Guidance in the development of Personal Budgeting Skills may includeinstruction on basic money management such as opening a personal savingsaccount and/or personal checking account, monitoring deposits andwithdrawals, saving on a regular basis, and developing a spending plan tomeet fixed and long-term living expenses. Providers shall inform theContract Manager or designee of the methods they will utilize to provideguidance in the development of personal budgeting skills.

12. Providers shall notify the Department of any program participant engaging inprogram activities involving minor children, other than the participant’s own children.

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Such participation shall be subject to written approval by the Contract Manager ordesignee.

13. The Department will subsidize program participants for a maximum of 365days/twelve months. When a Department-referred program participant hasreached 300 days of program participation, the Provider shall request approvalfor the participant’s continued participation from the Contract Manager ordesignee. Program participants who are making satisfactory progress towardcommunity re-entry may be approved for continued participation in theprogram, barring any extraordinary circumstances.

14. Providers shall use community volunteers in the operation of the program, whereappropriate.

15. Providers’ facilities shall meet all state, county, and city zoning, permitting,and licensing requirements necessary to operate the facility and providedocumentation of compliance with such requirements upon request of theContract Manager or designee at any time during the Contract period.Providers shall notify the Department of any zoning changes, notices, orchallenges from zoning bodies, or complaints from citizens or other entitiesregarding operation of the facility within seventy-two (72) hours of receipt orknowledge of the charge, notice, challenge, or complaint, or as soon aspossible thereafter.

16. Providers shall require paid staff (including stipend employees) andvolunteers providing services to Department-funded participants to submit tocriminal record background checks conducted by the Department.

17. Providers shall permit Department staff to visit the program siteunannounced to review program participant files, monitor contractcompliance and meet with program participants.

18. Providers shall provide the Department’s Contract Manager or designee with acurrent copy of the program description, eligibility criteria and the programrules, and requirements for participation in program activities, specific criteriafor termination from the program, and any significant updates, changes orrevisions to such documents.

19. Providers shall prohibit the use of illicit drugs and alcohol and the misuse ofprescribed medications by program participants.

20. Providers shall have a “drug-free workplace” policy in effect for program staff andvolunteers.

21. Providers shall have a policy prohibiting firearms and other weapons on thegrounds of the facility.

22. Providers shall orient new program participants to the facility and program rulesand program expectations and requirements for participation in program activitieswithin twenty-four (24) hours of entry into the program.

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23. Providers shall create and maintain a file and records for each programparticipant and have the file available for review by Department staff tomonitor contract compliance.

24. Providers shall share all information and records pertaining to programparticipants with Department staff.

25. Providers shall comply with record-keeping requirements relating todocumentation of participants’ signed receipts for program rules andrequirements for participation in program activities, services rendered to programparticipants, program participants’ discharges and reasons, referrals tocommunity Providers, incidents reports, and other similar information.

26. The program may require program participants to pay a subsistence fee inaccordance with the fee schedule outlined in the contract. Providers maybegin charging program participants who are employed in the community whenthey begin employment and not retroactive to the date of entry or are receivingan income or program participants receiving income in the form of benefits, i.e.,SSI disability. Providers shall give program participants receipts for allpayments made to the Provider.

27. Providers shall have or obtain Internet access and maintain a current, activeemail address at all times, for the duration of their contract.

28. Providers shall meet all mandatory site requirements and all components ofthe site shall be maintained at all times in good repair and proper workingorder.

B. Provider Service Tasks

The Provider shall provide Post-release Substance Abuse Transitional HousingProgram services as outlined by the terms of the Contract. The Provider shallperform the following service tasks upon entry of program participants into theprogram:

1. Conduct Intake Interview and Orientation

Within twenty-four (24) hours of a program participant’s entry into theprogram, the Provider shall:

a. Conduct a program intake interview on each program participant;

b. Orient the participant to program rules and requirements for participationin program activities and facility rules, including terms under which theProvider will manage the program participant’s funds;

c. Have the participant sign and date a receipt of program rules andrequirements for participation in program activities, receipt of the termsunder which their personal funds will be managed, and receipt of facilityrules, and maintain the receipts in the participant’s case file;

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d. Obtain the participant’s assurance, in writing, that although their programparticipation is voluntary, the participant agrees to comply with allprogram rules and curriculum requirements. Participation in faith-basedprogram components of a program shall be voluntary;

e. Retain a copy of this written assurance in the program participant’s file;

f. Have the participant sign appropriate releases, including releases thatallow the Department access to all program information regarding theirprogram participation;

g. Complete Section II of the DC5-404, “Community Supervision ProgramReferral Form” and submit a copy to the Department’s Contract Manageror designee for data entry; and

h. Retain the original DC5-404 and a copy of the form for completion ofSection III at the time of discharge.

2. Create and Maintain Case Files

a. Upon admission into the program, the Provider shall prepare a case file foreach program participant. The Provider may also utilize the case file todocument significant program events and any required releases.

b. Each case file shall contain:

(1) The Community Supervision Program Referral Form (DC5-404) orelectronic equivalent with Sections I and II completed, to documentthe participant’s referral and approval for admission, and programentry;

(2) The signed and dated acknowledgement of receipt by the programparticipant of program rules and requirements;

(3) A signed statement by the participant acknowledging requirementsfor compliance with program rules and requirements for participationin program activities;

(4) Signed authorization for release of information form;

(5) The signed and dated acknowledgement of receipt by the programparticipant of the terms under which the Provider will manage theirpersonal funds while in the program; and

(6) Copies of all receipts for all subsistence payments made by theprogram participant to the Provider, while in the program.

(7) Documentation of significant program events.

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3. Provide Transition Services

The Provider shall provide the following primary/required transitionalservices, identified as essential to the successful re-entry of programparticipants into the community:

a. Employment Assistance: Obtaining and retaining gainful employment iscritical to a released inmate’s successful transition from incarcerationand is a core component of the transitional housing program. Anestablished network of employment resources and contacts willing andable to provide employment opportunities to program participants isessential to the program. This program component may be structuredto include role-playing; goal-setting; practice with completing sampleapplications; guidance in appropriate personal hygiene, demeanor andattitude; appropriate methods of communication; and conflict resolution.Participants may also need assistance with securing a Social SecurityCard, transportation, and clothing.

b. Substance Abuse Re-entry and Relapse Prevention Services: QualifiedProviders who elect to deliver licensable substance abuse services,shall do so in accordance with the applicable requirements of Title 42Code of Federal Regulations Part 2; the Health Insurance Portabilityand Accountability Act of 1996 (HIPPA), Standards for Privacy ofIndividually Identifiable Health Information, Title 45 C.F.R., Parts 160,162, and 164, Chapters 39, 397 and 415 of the Florida Statutes; Rule65D-30, Florida Administrative Code, and all updates and revisions;Code of Ethics and Conduct for Addiction Professionals of Florida andany applicable local, state, and federal laws, rules and regulations.

Providers with questions regarding substance abuse licensurerequirements shall contact the local Department of Children andFamilies’ office for guidance and direction.

The Provider shall keep the Contract Manager or designee advised ofany updates or revisions to the curriculum for substance abuse re-entryand relapse prevention support groups provided directly, and anychanges in the mode of delivery.

Providers shall provide Substance Abuse Re-entry and RelapsePrevention Services utilizing any of the following approaches:

(1) A curriculum related to substance abuse programming that uses acognitive-behavioral model of addiction recovery that isexclusively religious, spiritual, or ecclesiastical in nature, and thusexempt from licensure requirements under Rule 65D-30, FloridaAdministrative Code; or

(2) A curriculum related to substance abuse programming that uses acognitive-behavior model of addiction recovery that is notexclusively religious, spiritual or ecclesiastical in nature andprovided in accordance with applicable requirements of Rule 65D-30, Florida Administrative Code; or

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(3) A 12-step model of addiction recovery, or

(4) Detailed specific information on community resources of this type toprogram participants needing this service.

c. Guidance in the Development and Implementation of an IndependentLiving Plan: The Provider shall offer guidance in the development andimplementation of an independent living plan. The Provider may offerstructured activities relevant to development of critical thinking, problemsolving, decision making, goal setting, and development of social skills,as participants plan for independent living. Guidance will be provided inseeking affordable, stable housing and basic housekeeping, as needed.

d. Personal Budgeting Skills: Most participants have little or no experiencein managing their income, planning for their economic future oranticipating the consequences of their failure to manage and plan. Manyhave children to support, or may have financial obligations to meet,including restitution, imposed by the Court or releasing authority as aspecial condition of supervision. The Provider shall assist participants inthe basic tenets of personal financial management, developing a budgetplan, and establishing financial goals to allow them to meet obligations totheir children and families, and facilitate independent living and economicself-sufficiency. For participants under supervision, the Provider shallemphasize compliance with the Offender Financial ObligationAgreement, in conjunction with the supervising probation officer.

e. Management of Program Participants’ Funds: Providers who maintainoversight of department-sponsored program participants’ funds shallopen a non-interest bearing Trust Account in a qualified public depository(bank) and provide for an accounting system of the Trust Account thathas the capability of reflecting individual program participant TrustAccount (sub-account) detail balances. Providers shall monitor the sub-accounts daily, in accordance with acceptable accounting proceduresand at the end of each month, provide a statement of the sub-account tothe participant. The statement should include current balances, deposits,and deduction for allowable fees and obligations. Any Department-sponsored program participants’ funds under the control of the Providershould be turned over to the participant within forty-eight (48) hours of aparticipant’s request to the Provider for release of such funds.

The Department will not be responsible for any programparticipant’s funds turned over to the Provider for management andoversight or for administration or oversight of any account relatedto such funds. In addition, the Department will not be responsiblefor accounting or reconciliation of participants’ funds.

f. Optional Transition Services: Where available, and as appropriate, theProvider shall offer optional transitional services directly or by referralthrough linkages to a community Provider(s). Providers deliveringmedical and/or mental health services directly shall do so in accordancewith applicable statutory licensing requirements.

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Optional transition services include, but are not limited to the following:

(1) Medical/Dental Services;

(2) Transportation Assistance;

(3) Post-secondary Education Services;

(4) Linkage with public agencies for assistance in obtaining driver’slicense, personal identification card, disability benefits, and foodstamps, if eligible;

(5) Mental Health Services;

(6) Family Programming/Parenting Skills;

(7) General Education (Literacy, ABE, GED) Services;

(8) Clothing Assistance.

III. Program Participant Eligibility

To be considered eligible for admission into the Post-Release Substance AbuseTransitional Housing Program, program participants must meet all of the following criteria:

A. Participant must be a recently released inmate with a history of substance use/abuseproblems, particularly a released inmate who has completed a Department in-prison orcommunity-based drug treatment program and is in need of transitional housing servicesupon release, or any recently released inmate in need of transitional services to promotehis/her successful re-entry into the community, abstain from drug and alcohol use.Program participants do not have to be on community supervision in order to be eligiblefor participation;

B. Participant must request to participate in a Post-Release substance abuse transitionalhousing program;

C. Participant must meet the Provider’s eligibility criteria;

D. Participant must have a Community Supervision Program Referral Form (DC5-404) orelectronic equivalent with Section I completed.

The Provider must advise the Contract Manager or designee of any updates orrevisions to the Provider’s program eligibility criteria.

Note: Providers who choose to provide post-release transitional housingservices to sex offenders must abide by the requirements of Chapter 947 andChapter 948, Florida Statutes, and any revisions thereof, all orders ofsupervision and conditions of release issued by a sentencing court orreleasing authority, and all applicable zoning ordinances and restrictions onwhere sex offenders may lawfully frequent and reside.

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IV. Program Participant Referral, Admission, and Discharge

A. The Community Supervision Program Referral Form (DC5-404)

The Community Supervision Referral Program Form (DC5-404) refers to theDepartment form that is completed by the Release Officer to initiate the referralprocess of an inmate to a Post-Release Substance Abuse Transitional Housingprogram and from which program data is derived. The form may be completed bythe contracted Post-Release Substance Abuse Transitional Housing Provider forinmates arriving at the program without a completed referral form. The form servesas the official record for the participant file and for data entry to document programreferral, program outcome and program discharge. The form may also be accessedby keying http://dcweb/co/forms/dc5-404.doc into the web browser.

B. Program Referrals and Admission

Release Officers within the Department’s institutions are charged with assistinginmates who are nearing their release dates with developing release plans. TheDepartment will make individual program profiles/fact sheets available toDepartment staff via the Department’s Intranet. Copies of the individual programprofiles/fact sheets may also be made available to inmates and to the public via apublic record request. The Release Officers provide information to interestedinmates about the Post-Release substance abuse transitional housing programand initiate referrals to the programs via the department’s Community SupervisionReferral Form (DC5-404). Contracted Post-Release substance abuse transitionalhousing Providers are strongly encouraged to work closely with release officersand incarcerated inmates to develop interest in their programs as a resource upontheir release and to provide specific information about their respective programs.Providers are also encouraged to contact their respective Contract Managers ordesignees for information on gaining access to the Department’s facilities for thepurpose of mentoring inmates and sharing information about their programs.

In some instances, released inmates in need of transition services may be undersupervision following their release, and may request to participate in the program,even though they are not required to do so as a special condition of supervision orrelease and will not have a special condition on their order of supervision requiringsuch participation. Such participants will be under the supervision of a correctionalprobation officer.

Released inmates who are ordered by the court or releasing authority to participatein the program as a special condition of supervision or release will have a specialcondition of supervision requiring such participation and will be under thesupervision of a correctional probation officer.

Participation of any released inmate under supervision in the program does notpreclude the timely completion of any community supervision requirements.

Referrals Initiated by the Release Officer

1. The Release Officer will complete Section I of the DC5-404 to initiate aninmate’s referral to a Post-Release Substance Abuse Transitional Housing

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Program, and transmit the form to the Contract Coordinator or designee forapproval.

2. The Contract Coordinator or designee will approve the referral and transmit theform with Section I completed to the Release Officer with a copy to the Post-Release Substance Abuse Transitional Housing Program.

3. Upon the participant’s entry into the program, the Provider shall complete SectionII of the Community Supervision Referral Form (DC5-404) and forward a copy ofthe form to the Contract Coordinator or designee for data entry. The originalform and a copy will be retained in the participant’s case file.

4. If the released inmate does not report to the designated program within forty-eight (48) hours of the appointed time, the Provider shall complete Section II.A. “Referral Closed Reason: No Show” of the DC5-404 form and forward it toContract Coordinator or designee. Providers may view the Department’swebsite to confirm an inmate’s actual release date.

5. Upon the participant’s completion or termination from the program, theProvider shall complete Section III of the DC5-404 form and forward it to thedesignated Contract Coordinator or designee.

Referrals Initiated by the Provider

At times, inmates who have been previously screened and approved for admissionto a Post-Release substance abuse transitional housing program will report to theprogram without a completed and approved referral form having been received bythe Provider. Alternatively, released inmates who are eligible for participation in theprogram may seek direct entry into a program, days or weeks after their releasefrom prison, without a referral from the release officer. In those instances, theProvider shall complete and submit the referral form for approved and/or eligiblereleased inmates in accordance with the steps outlined below. Providers maycontact the designated Contract Coordinator for assistance:

1. For inmates previously screened and approved for admission:

In those instances where the Provider has previously screened and approvedan inmate for admission to the program, and the inmate arrives at theprogram without the Provider having received the completed and approvedCommunity Supervision Program Referral Form (DC5-404), the Providershall:

a. Complete Sections I and II of the referral form;

b. Submit the form electronically to the designated Contract Coordinator forapproval for payment; and

c. Retain copy of completed and approved form in participant’s case file.

2. For inmates not previously screened, approved, or referred who are seekingdirect entry into a program after release:

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a. If released inmate is determined to be eligible for the program, completeSections I and II of the referral form;

b. Submit the form electronically to the designated Contract Coordinator forapproval for payment; and

c. Retain copy of completed and approved form in participant’s case file.

C. Program Discharge

Participants may be discharged from the program by one of three ways: successfully,unsuccessfully, or administratively. For each type of discharge, the Provider must fulfillcertain notification and reporting requirements as specified below. For purposes ofconsistent and accurate data collection, program participants may only be discharged inaccordance with the criteria specified by the Department.

For program participants under Department supervision, the supervisingcorrectional probation officer must be notified of all discharges from the programprior to the actual discharge. For such participants, the program is their approvedresidence and the supervising officer must pre-approve their relocation from oneresidence to another.

Program participants may be discharged from the program under one of the followingconditions:

1. Successful Discharge

In order to be considered successfully discharged from the program, participants mustdemonstrate mastery of independent living skills sufficient to re-enter their communitiesas productive, contributing citizens. A program participant must have an identifiable,stable place of residence and meet the following criteria to be successfully dischargedfrom the program:

a. Participation in the transitional housing program, including maintenance ofsobriety and abstinence from drug use;

b. Secured full-time or part-time employment, (if employable); and

c. Have an approved independent living plan.

In the event of a successful discharge, the Provider shall:

a. Notify the supervising correctional probation officer (if the program participant isunder Department supervision) prior to actual discharge, if possible, but no laterthan one (1) business day after discharge;

b. Notify the Contract Manager or designee within two (2) business days ofdischarge;

c. Complete Section III of the DC5-404, forward the original to the ContractManager or designee within two (2) business days of discharge and retain acopy for the participant’s case file; and

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d. Document the discharge in the participant’s case file.

2. Unsuccessful Discharge

Program participants may be discharged from the program for violation of program rulesand/or failure to meet the requirements of a Successful Discharge as outlined above.Rule violations include, but are not limited to, the following:

a. Confirmed drug or alcohol use, or misuse of prescribed medication;

b. Acts of violence;

c. Criminal activity;

d. Sexual activity at the program site;

e. Willful failure to obtain and maintain employment; or

f. Repeated refusal to participate in relapse prevention and re-entry support groupsif needed, or other program functions.

Note: If the Provider is a faith-based organization, program participants maynot be discharged for failure to participate in faith-based components of theprogram.

If an incident occurs that may result in an unsuccessful discharge, the Providershall do all of the following:

(1) Notify the supervising correctional probation officer (if the program participantis under Department supervision) by telephone and in writing, no later thanone (1) business day following the incident and prior to actual discharge, ifpossible;

(2) Notify the Contract Manager or designee, by telephone and in writing, nolater than one (1) business day following the incident; and

(3) Document the rule violation in the program participant’s case file.

In the event of an unsuccessful discharge, the Provider shall do all of thefollowing:

(1) Notify the supervising correctional probation officer (if the program participantis under Department supervision) by telephone as soon as possible after adecision is made to unsuccessfully discharge a program participant, and priorto actual discharge, if possible;

(2) Notify the Contract Manager or designee by telephone and in writing as soonas a decision is made to unsuccessfully discharge a program participant, andprior to actual discharge, if possible;

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(3) If immediate notification is not possible, notification must be made no laterthan one (1) business day following discharge;

(4) Complete Section III of the DC5-404, forward the original to the ContractManager or designee within two (2) business days and retain a copy for theparticipant’s case file; and

(5) Document the discharge and supporting rationale in the participant’s casefile.

3. Administrative Discharge

An administrative discharge implies neither success nor failure in the program. Some ofthe reasons for administrative discharge from the program may include, but are notlimited to:

a. A medical or mental health condition which prohibits a program participant fromparticipation in the program;

b. Expiration of the program participant’s sentence, in the case of programparticipants being ordered to participate in the program by a sentencing court orreleasing authority;

c. Death of the program participant; or

d. Other circumstances in which termination is outside of the control of the programparticipant or program and is unrelated to program compliance.

In the event of an administrative discharge, the Provider shall do all of the following:

a. Notify the supervising correctional probation officer (if the program participant isunder Department supervision) prior to actual discharge, if possible, but no laterthan one (1) business day after discharge;

b. Notify the Contract Manager or designee no later than one (1) business day afterdischarge;

c. Complete Section III of the DC5-404, forward the original to the ContractManager or designee within two (2) business days after discharge and retain acopy for the participant’s case file; and

d. Document the discharge in the participant’s case file.

V. Participants under Department Supervision

There may be instances where program participants are under Department supervisionand required to participate in the program as a condition of supervision or release. Theseparticipants will be monitored by, and report to, a correctional probation officer who willvisit the program site on a routine basis to verify residence and monitor the participant’scompliance with conditions of supervision or release, including level of participation in theprogram. Program staff and volunteers shall familiarize themselves with these participants’conditions of supervision or release and work closely with their supervising correctional

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probation officer to ensure that all required permissions and approvals are obtained toavoid conflict with conditions of supervision or release, particularly for any off-site programactivities.

Alternatively, there may be participants in the program who are under Departmentsupervision and in need of transition assistance upon release from incarceration, but notrequired to participate in the program as a condition of supervision. These participants willalso be monitored by, and report to, a correctional probation officer who will visit theprogram site on a routine basis to verify residence and monitor the participant’scompliance with conditions of supervision or release. For these program participants, theirlevel of participation in the program will generally have no bearing upon their compliancewith the conditions of supervision or release.

For all program participants under Department supervision, the program will be theirapproved residence and they will be required to obtain their supervising officer’s priorapproval to change residence.

Participants under Community Control supervision who may be participating in theprogram shall participate in strict accordance with the order of supervision and any othercourt or administrative order. For such program participants, the program site will be theirresidence of confinement and they may only leave such residence as stipulated in theirorder of supervision, and only with the prior knowledge and approval of the supervisingCorrectional Probation Officer.

VI. Work Details

The following types of duties constitute the sole circumstances under which participantsare permitted to perform any type of physical labor, with the exception of outsideemployment, while in the program. Participants who are employed full time may only berequired to maintain order and cleanliness in their living and common areas. This includessweeping and cleaning their immediate living areas as well as recreation or day roomareas, bathroom and hallway areas.

Work assignments may be used as part of a points system by which to create incentivesfor successful program participation. Participants may be assigned to work details asdescribed herein:

Internal Work Detail – This would be a daily job assignment for each participant to insureorder, cleanliness, and neat appearance of the facility. Internal work details may involvecleaning and tidying of personal sleeping quarters and common areas.

External Work Detail – This would be a large group activity that will benefit the facility.Possibilities include minor painting, policing the grounds, and minor landscaping. Minorlandscaping shall include cutting the grass, and planting flowers, gardens, and smallshrubbery.

Participants shall not be required to perform the following as a work detail:

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New construction

Remodeling or renovation

Carpentry

Electrical or mechanical work

Air conditioning installation or repair

Primary food service

The Contract Manager or designee shall approve any work activity that is not identified inthe manual.

VII. Participant Grievances:

Participants are encouraged to resolve grievances informally with the Provider’s staffbefore filing a grievance through the formal grievance process.

A participant who wishes to file a grievance relating solely to the Provider must firstproceed with the Provider’s grievance procedure. The Department shall have noinvolvement at this point. If a satisfactory resolution is not reached, a participant underDepartment supervision may file a grievance against the Provider utilizing the OffenderGrievance Process (see Procedure Number 302.309). Participants not under Departmentsupervision may file a grievance against the Provider utilizing the Citizens’ ComplaintsProcess (see Procedure Number 302.010).

If a participant wishes to file a grievance against the Department of Corrections, theparticipant shall utilize the Department of Corrections’ Offender Grievance Process orCitizens’ Complaints Process, as applicable, immediately. The Contracted Provider shallhave no involvement. The participant’s grievance shall be transmitted without alteration,interference, or delay to the Contract Manager or designee.

VIII. Participation in Program Activities

Participants under Department Supervision

Department-sponsored program participants who are on probation, community control, oranother supervised release program, who are ordered to participate in the Post-ReleaseFaith-Based Substance Abuse Transitional Housing Program as a special condition ofsupervision or release, will be under the supervision of a Correctional Probation Officer.Accordingly, Providers’ staff should work closely with the supervising officer to obtain allrequired permissions and approvals related to their participation in any off-site activities.

Participants not under Department Supervision

Program participants who are not under Department supervision, will not be subject to thesame requirements for permissions and approvals from a Correctional Probation Officer,however, they must comply with program rules to participate in and successfully completethe program.

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IX. Employment Verification

Participants under Department Supervision

For participants under Department supervision, the supervising Correctional ProbationOfficer will have primary responsibility for verifying and approving a participant’s place ofemployment, functioning on the job, and making all required notifications to the employerin accordance with the conditions of supervision of release. The Provider shall consult withthe supervising Correctional Probation Officer on matters related to the participant’semployment and may verify a participant’s employment status by periodic review of theparticipant’s pay stub.

Participants not under Department Supervision

Program staff shall verify employment of participants through the biweekly (every otherweek) review of the participant’s pay stub.

X. Program Furloughs and Off-Site Activities

Providers may grant furloughs and approve off-site activities for Department-referredprogram participants in accordance with the guidelines below. Providers will not becompensated for any night(s) a Department-sponsored participant does not occupy aprogram bed.

Participants under Department Supervision:

For program participants under Department supervision, the program will be theparticipant’s approved residence. All furloughs from the program must be approved bythe supervising correctional probation officer or other designated Department staff.Under no circumstances will the Provider approve furloughs for program participantsunder Department supervision.

Participation in program activities that require travel beyond the bounds allowable by aprogram participant’s order of supervision or release, or the lawful instructions of thesupervising Correctional Probation Officer must be approved in advance by thesupervising officer or other designated Department staff.

For program participants on community control, time away from the program site (theprogram participant’s approved residence/residence of confinement) shall be limited tothe amount of time necessary to accomplish allowable tasks in the community asspecified in the order of supervision and approved in advance by the supervisingCorrectional Probation Officer . Any leave requested beyond that specified in the orderof supervision must be approved by the supervising correctional probation officer andgranted by the Court, in writing. Under no circumstances shall any program participantbe granted leave to a location without telephone access.

The Provider shall develop a policy and ensure that all staff and volunteers are fullytrained on this area.

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Participants not under Department Supervision

Program participants who are not under Department supervision may participate inprogram activities conducted off-site and be granted program furloughs inaccordance with the Provider’s rules on off-site activities and furloughs.

XI. Community Service Work (CSW)

Program participants may engage in community service projects to benefit local, non-profit service agencies or entities. Community Service Work (CSW) performed to meetthe requirement of a special condition of supervision or release must be approved inadvance by the supervising Correctional Probation Officer or the Contract Manager ordesignee. Participants on community control supervision who are not performingrequired community service work approved by the supervising correctional probationofficer may not participate in community service projects without the specific approval ofthe Court.

XII. FACILITY REQUIREMENTS, PROGRAM STAFFING, and OPERATIONS

A. Facility Requirements

The Provider’s facility shall meet all Department facility standards set forth in theircontract with the Department. On an annual basis, the Provider shall provide anotarized statement to the Contract Manager or designee, certifying that the facility isin compliance with all local, state, and federal zoning, licensing, and permittingrequirements for the operation of their program. Copies of all required licenses andpermits shall be maintained on-site at the program facility and shall be provided to theContract Manager or designee upon requestThe facility shall comply with all applicable Florida Administrative Code Requirements,Rules of the State Fire Marshal, and applicable Uniform Fire Safety Standards found inChapter 633, Florida Statutes. The entire facility shall be clean, safe, and properlymaintained.

The Provider shall comply with all applicable provisions of the Americans withDisabilities Act. This includes provisions referencing both employment and publicservice agencies (Titles I and II), as well as any other applicable provision. All costsincurred regarding compliance with this act shall be the sole responsibility of theProvider.

B. Facility Standards

The Provider shall ensure that their post-release residential facility is approved for thepurposes outlined in their Contract and is sanitary, and safe. The Provider’s facilityshall meet all state, county, and city zoning, permitting and licensing requirements.The Provider is responsible for all maintenance. The Contractor shall provide, at nocost to the program participant beyond the required subsistence fee, a facilityappropriate for the provision of the following unless prior approval has been grantedby the Department. The Provider shall also:

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Provide staff, materials, supplies and equipment to manage and operate the programin accordance with all applicable federal, state and local laws, rules and regulationsand other requirements governing operation and maintenance of the facility.

House program participants in a sanitary, safe residential facility maintained in anattractive condition with all equipment and appliances in proper working order.Program participants shall be supplied with the following:

1. Appropriately furnished living quarters with a bed, mattress, pillow, towels, andlinens, and sufficient storage space for personal articles;

2. Bathroom facilities properly equipped with adequate plumbing in working order;

3. Three (3) meals per day provided on-site or food available for preparation ofmeals, electricity, running water, and local telephone service; and

4. Appropriately furnished kitchen and dining facilities maintained in a clean, safeand attractive condition with access to cooking aids and appliances in properworking order. If required, the Provider’s food service operation shall meet thestandards set forth in the state sanitary code, Department of Health, Rule 64E-11. If required, post-release transitional housing facilities shall comply withChapter 4A-44, Florida Administrative Code, Rules of the State Fire Marshal forfacilities not leased or owned by the state of Florida, as applicable.

5. Working smoke detector in each bedroom used by program participants.

6. Laundry equipment (washer, dryer and detergent vending) for participant use

XIII. Provider Staff Conduct

The Provider shall ensure that all staff adheres to professional and ethical standards ofconduct when interacting with program participants. The standards set forth belowrecognize the unique program design and delivery of the provision of post-releasesubstance abuse transitional services. These standards provide for the equitabletreatment of all participants and the need for a degree of professional detachment, whileallowing for the development of appropriate mentoring relationships between program staffand participants. Accordingly, the Provider shall ensure that all staff adheres to thefollowing requirements:

The Provider’s staff shall not display favoritism to, or preferential treatment of, oneprogram participant or group of participants over another.

The Provider’s staff shall not deal with any program participant except in a relationshipthat supports services under this program. Specifically, staff members must neveraccept for themselves or any member of their family, any personal (tangible orintangible) gift, favor, or service from a participant or a participant’s family or closeassociate, no matter how trivial the gift or service may seem. The Contractor shallreport to the Contract Manager any violations or attempted violation of these restrictions.In addition, no staff member shall give any gifts, favors or services to program

participants, their family or close associates.

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The Provider’s staff shall not enter into any business relationship with programparticipants or their families (example – selling, buying or trading personal property), orpersonally employ them in any capacity.

Unless approved in writing by the Contract Manager or designee, the Provider’s staffshall not have outside contact (other than incidental contact) with a program participantbeing served or their family or close associates, except for those activities that are to berendered under the Contract.

The Provider’s staff shall not engage in any conduct which is criminal in nature or whichwould bring discredit upon the Provider or the State. In providing services pursuant tothe Contract, the Provider shall ensure that its employees avoid both misconduct andthe appearance of misconduct.

Any violation or attempted violation of the restrictions referred to in this sectionregarding employee conduct shall be reported by phone and in writing to the ContractManager or their designee, including proposed action to be taken by the Provider. Anyfailure to report a violation or take appropriate disciplinary action against the offendingparty or parties shall subject the Provider to appropriate action, up to and includingtermination of the Contract.

The Provider shall report any incident described above, or requiring investigation by theProvider, in writing, to the Contract Manager or their designee within twenty-four (24)hours, of the Provider’s knowledge of the incident.

The Department of Corrections has full discretion to require the Provider to disqualify,prevent, or remove any staff from any work under the Contract. The Department is underno obligation to inform the Provider of background check findings or criteria fordisqualification or removal.

The Provider shall provide their employees and volunteers with a copy of thesestandards of conduct and document receipt of such notification.

XIV. Provider Staff (Including Stipendiaries and Volunteers) Employment Regulations

A criminal records check on contracted program staff, stipendiaries, and volunteers willbe conducted by the Department on all individuals assigned to this project.

The Contractors’ staff assigned to this Contract shall be subject, at the Department’sdiscretion and expense, to a Florida Department of Law Enforcement (FDLE) FloridaCrime Information Center/National Crime Information Center (FCIC/NCIC)background/criminal records check. This background check will be conducted by theDepartment and may occur or re-occur at any time during the Contract period. TheDepartment has full discretion to require the Contractor to disqualify, prevent, or removeany staff from any work under the Contract. The use of criminal history records andinformation derived from such records are restricted pursuant to Section 943.054, F.S.The Department shall not disclose any information regarding the records check findingsor criteria for disqualification or removal to the Contractor. The Department shall notconfirm to the Contractor the existence or nonexistence of any criminal history recordinformation. In order to carry out this records check, the Contractor shall provide to therespective Contract Manager, within ten (10) days of Contract execution, the followingdata for any individual Contractor or subcontractor’s staff assigned to the Contract: Full

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Name, Race, Gender, Date of Birth, Social Security Number, Driver’s License Numberand State of Issue. If requested, the Contractor’s staff shall submit to fingerprinting bythe Department of Corrections for submission to the Federal Bureau of Investigation(FBI). The Contractor shall not consider new employees to be on permanent status untila favorable report is received by the Department from the FBI.

The Contractor shall ensure that the Contract Manager or designee is provided theinformation needed to have the NCIC/FCIC background check conducted prior to anynew Contractor staff being hired or assigned to work under the contract. The Contractorshall not offer employment to any individual or assign any individual to work under thecontract, who has not had an NCIC/FCIC background check conducted.

No person who has been barred from any Department facility shall provide services underthis Contract.

The Contractor shall not permit any individual to provide services under this Contract whois under supervision or jurisdiction of any parole, probation or correctional authority. Personsunder any such supervision may work for other elements of the Contractor’s agency that areindependent of the contracted services.

The Contractor shall immediately report any new arrest, criminal charges or convictions ofa current employee under this contract to the respective Contract Manager.

The Contractor shall disclose any business or personal relationship a Contractor staffperson, officer, agent or potential hiree may have with anyone presently incarcerated orunder the supervision of the Department.

Note that a felony or first-degree misdemeanor conviction, a plea of guilty or nolocontendere to a felony or first-degree misdemeanor crime, or adjudication of guilt withheldto a felony or first-degree misdemeanor crime does not automatically bar the Contractorfrom hiring the proposed employee. However, the Department reserves the right to priorapproval in such cases. Generally, two (2) years with no criminal history is preferred. TheContractor shall make full written report to the Contract Manager within three (3) calendardays whenever an employee has a criminal charge filed against them, or an arrest, orreceives a Notice to Appear for violation of any criminal law involving a misdemeanor, orfelony, or ordinance (except minor violations for which the fine or bond forfeiture is twohundred dollars ($200) or less) or when Contractor or Contractor’s staff has knowledge ofany violation of the law rules, directives or procedures of the Department.

The Department recognizes the contribution recovering offenders can make to thepersonal recovery process of other offenders. Accordingly, the Provider shall note that afelony or first degree misdemeanor conviction, a plea of guilty or nolo contendere to a felonyor first degree misdemeanor crime, or adjudication of guilt withheld to a felony or first degreemisdemeanor crime does not automatically bar the Provider from hiring the proposedemployee. However, the Department reserves the right of prior approval in such cases.Generally, two (2) years should have elapsed since the employee’s last conviction andcompletion of sanctions before they become eligible for hire.

XV. Stipendiaries and Volunteers

At many programs, the designation and duties of “resident manager” are often given toan individual participating in the program as a reward for demonstrating responsibility.

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Individuals in these positions are generally given a stipend and/or room and board inexchange for the performance of these duties. Historically, such stipendiaries have notbeen considered employees of the contracted program and thus not subject to thecriminal background checks or restrictions on employment of offenders at contractedprograms, as contracted Providers have made a distinction between a “stipendiary” andan “employee”. In recognition of the fact that contracted post-release substance abusetransitional housing programs may have offenders under supervision with theDepartment performing the duties of a resident manager receiving a stipend andvolunteering their services, identification of appropriate duties for these individuals isnecessary. In an effort to provide direction and guidance in the oversight and contractmanagement of post-release substance abuse transitional housing programs, theapproved duties and responsibilities and criminal background check requirements forprogram stipendiaries and volunteers are specified below. The objective is to identify theduties that are appropriately performed by stipendiaries and volunteers at corrections-oriented contracted programs. Accordingly, Program Managers shall screenstipendiaries and volunteers in accordance with the types of duties they perform andconduct the background checks as required.

Stipendiaries under supervision shall never be approved to act in any capacityinvolving the delivery of contracted services or the exercise of authority overprogram participants that could require their testimony at an evidentiary hearingas a result of the duties they performed at a contracted program site.

Definitions

For the purposes of this program:

Stipend is defined as “compensation in the form of room and board; a periodicpayment; fixed or regular pay; salary”.

Stipendiary is “one who receives compensation in the form of room and board or astipend; performs services for regular pay”.

Employee is defined as “a person working for another person or a business firm forpay or compensation in some form”.

Volunteer is defined as “a person who performs a service willingly and without pay”.

A stipendiary performing the duties described below for a contracted program shall notbe considered an employee of the contracted program, but will be subject to aFCIC/NCIC background check and Contract Manager or designee approval.Stipendiaries under supervision may perform the duties specified below providing suchdoes not conflict with any conditions of supervision:

1. Facility maintenance;

2. Food service;

3. Grounds maintenance;

4. Delivery of services to program participants in the capacity of a peer, including, butnot limited to, substance abuse relapse prevention, development of employment

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readiness skills, budgeting, and independent living skills, parenting skills, andgeneral education and literacy instruction.

A stipendiary performing the duties described below for a contracted program shall beconsidered an employee of the contracted program and subject to the samerequirements as any other paid employee, including a FCIC/NCIC background check.Stipendiaries under active supervision shall be precluded from performing the dutiesdescribed below at the contracted site:

1. Administrative duties, including, but not limited to conducting participant intake andorientation to program rules, approving furloughs, contacting employers, approvingprogram admission and/or discharge, reporting incidents, signing program and/orforms as an agency representative, preparing and submitting invoices for paymentto the Department, and orienting and training contracted program staff;

2. Duties involving delivery of services to program participants not in the capacity of apeer, including, but not limited to, substance abuse relapse prevention and re-entryservices, employment placement, development of employment readiness, budgetingand independent living skills, parenting skills, and general education and literacyinstruction;

3. Duties involving the exercise of authority over other program participants or anyposition which could require their testimony at an evidentiary hearing as a result ofduties performed in such capacity;

4. Duties involving or requiring access to participant case files.

A volunteer donating his/her services to a contracted program and performing theduties described below shall be subject to a FCIC/NCIC background check and approvalof the Contract Manager or designee. Volunteers under active supervision shall beprecluded from performing the duties specified below at the contracted site, but maydonate their services at other non-contracted elements of the Provider’s program:

1. Administrative duties, including, but not limited to, conducting participant intake andorientation to program rules, approving furloughs, contacting employers, approvingprogram admission and/or discharge, reporting incidents, signing program and/orforms as an agency representative, preparing and submitting invoices for paymentto the Department, and orienting and training contracted program staff

2. Delivery of services to program participants, including, but not limited to, substanceabuse relapse prevention and re-entry services, employment placement,development of employment readiness, budgeting and independent living skills,parenting skills, and general education and literacy instruction;

3. Duties involving the exercise of authority over other program participants or anyposition which could require their testimony at an evidentiary hearing as a result ofduties performed in such capacity; or

4. Duties involving or requiring access to participant case files.

XVI. Program Monitoring

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The Department’s Contract Manager and/or designee will perform monitoring during theterm of the Contract, but not less than once a year to ensure Contract compliance.Monitoring shall include periodic review of compliance with contract service delivery andreview of al contract requirements. The Department reserves the right for anyDepartment staff to make scheduled or unscheduled, announced or unannouncedmonitoring visits at any site where services are delivered pursuant to this Contract.

All program monitoring will be conducted in accordance with the Department’sProcedure 507.701 Program Oversight and Monitoring of Institutional Substance AbusePrograms, Community-Based Residential and Outpatient Programs and TransitionalHousing Programs, and any revisions and updates thereto.

When issues of non-compliance are identified in the monitoring report, the Contractorshall be required to submit a written Corrective Action Plan (CAP) to the ContractManager or designee within thirty (30) calendar days, depending on the seriousness ofthe non-compliance issue. If necessary, a follow-up monitoring visit will be scheduled bythe Contract Manager or designee, at which time full Contract compliance must be met.Failure to correct deficiencies as outlined in the monitoring report may result in a

determination of Breach of Contract and termination of services.

XVII. RECORD KEEPING

In addition to the documentation required for the participant’s case file, the Provider shallmaintain the following records and documentation on-site and available for review uponrequest by the Contract Manager or designee:

Community Supervision Program Referral Form (DC5-404);

All required permits and licenses;

Provider personnel records;

Program curricula;

Program grievance log;

Incident reports;

Urinalysis logs;

Proof of active liability insurance coverage; and

Copies of all other required reports related to services under the contract.

XVIII. Program Curricula, Rules, Policies and Procedures

The Provider shall maintain the following documents on site and available for review by theContract Manager or designee:

Curriculum for Substance Abuse Relapse Prevention and Re-entry support groups thatuse a cognitive-behavioral or 12-Step model of addiction recovery;

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Program rules and eligibility criteria;

Written policy and procedure prohibiting any participant from being in a position ofauthority over other participants;

Written policy and procedure prohibiting the use of personal abuse and corporalpunishment, as well as written policy and procedure to ensure participants are notsubject to unusual punishment, mental abuse, or punitive interference with the dailyfunction of living, such as eating or sleeping.

Written policy and procedure to ensure that use of physical force is restricted toinstances of justifiable self-protection, protection of others, prevention of propertydamage and only to the degree necessary and in accordance with the appropriatestatutory authority. The Provider shall ensure all cases of physical force or restraintare reported in writing, dated and signed by the staff person reporting the incident.The report shall be placed in the participant’s case file and reviewed upon requestby the Department of Corrections’ staff;

XIX. Subsistence and Program Fees

The Provider may require employed program participants or program participants receivingincome in the form of benefits, i.e., SSI disability to pay a subsistence fee in an amount not toexceed that which is specified in the contract. The Subsistence fee shall be collected andretained by the Provider. The Provider shall give a receipt to the program participant for eachpayment made.

The Department reserves the right to modify this subsistence fee in accordance withDepartment need. The Department will not be responsible for collecting any payment fromthe program participant, including collection of overdue or unpaid amounts the programparticipant might owe to the Provider.

Providers may also assess program fees to Department-referred program participants tocover additional program participation costs such as laundry, transportation, drug-testing,etc. Such fees, and increases to these fees, shall be subject to the approval of the ContractManager or designee.

XX. Incident Reports

The Provider shall immediately report all incidents, including, but not limited to, thoseinvolving any use of force by a staff member upon a Department of Corrections programparticipant, physical or verbal threats and assaults or altercations between participants orupon participants by program staff, destruction of property, and program participant medicalemergencies, to the Contract Manager or designee in a format approved by the ContractManager or designee within one (1) business day of the incident or the Provider’sknowledge of the incident.

Written policy and procedure restricts the use of physical force to instances of justifiableself-protection, protection of others, and prevention of property damage, only to the degreenecessary and in accordance with the appropriate statutory authority. Any time emergencymedical service or local law enforcement is summoned to the program site, an assaultincident report shall be completed.

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All cases of physical force or restraint shall be reported in writing in an approved format,dated, and signed by the staff person reporting the incident. The Provider shall place a copyof the report in the participant's case file for review by the appropriate Department ofCorrections officials.

XXI. Invoicing

The Provider shall submit an original monthly invoice to the Contract Coordinator designatedin the Contract, using an approved Department format.

XXII. ORGANIZATIONAL STRUCTURE

The success of the post-release Substance Abuse Transitional Housing Program is, to agreat extent, dependent upon frequent and open communication between the Provider andthe Department. This portion of the manual will clearly define the various parties involved inthe operation of the program and the enforcement of the terms of the contract.

A. Provider/Contracting AgencyThe contracting agency is responsible to provide a Faith-Based Substance AbuseTransitional Housing Program and facility for recently released inmates in need oftransition services as described in this manual.

B. Office of Re-entry and Bureau of Substance Abuse Program Services

The Deputy Assistant Secretary for Re-entry and the Bureau Chief of SubstanceAbuse Program Services are responsible for program development and modification.The Deputy Assistant Secretary for Re-entry is available to the Bureau Chief/ContractManager regarding contract enforcement, monitoring, interpretation, and any otherissues that may arise concerning the program and resolution of disputes.

C. Contract Manager

The Contract Manager is responsible for enforcing performance and terms of thecontract and may designate specified Department staff to act as his/her designee. TheContract Manager or designee may approve all exceptions or special circumstancesregarding operation of the program as described in this manual. Requests forexceptions to service requirements and justification for the request must be submittedin writing to the Contract Manager or designee. A decision on the request will berendered in writing to the Provider.

D. Contract Coordinator

The Local Contract Coordinator shall act as the Contract Manager’s designee inoverseeing program operations on a local level.

E. Correctional Services Administrator

The Correctional Services Administrator shall also act as a liaison between theContract Manager or designee and the Provider regarding issues relating to theoperation of the facility or fulfillment of the terms of the contract, in addition to routine

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operational issues not covered by this manual. The Correctional ServicesAdministrator also participates in program monitoring.

The Correctional Services Administrator also acts as a liaison with institutional andcommunity corrections staff regarding routine matters of participant referral and theprogram admissions process.

F. Supervising Correctional Probation Officer

The supervising Correctional Probation Officer is responsible for the supervision ofpost-release Substance Abuse Transitional Housing Program participants who areunder Department supervision on probation, parole, community control, conditionalrelease, control release or any other supervised release program or supervision type.The supervising Correctional Probation Officer will communicate with program staffregarding the progress of the program participant, supervision requirements, status ofcompliance with court-ordered financial obligations and other relevant supervisionmatters, and to approve certain off-site activities, such as out of county travel andprogram furloughs. In the case of participants on community control, the ProbationOfficer must, at all times, be aware of and pre-approve the whereabouts of theprogram participant. A program participant's participation in the post-releasesubstance abuse transitional housing program does not reduce or eliminate any of therequirements of supervision as specified in the order of the supervision or theDepartment’s policies and procedures.