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Appendix 11 September 1998 NEOCC Contract Monitor's Report

 

Appendix 11

September 1998 NEOCC Contract Monitor's Report

 


 

District of Columbia Government
Department of Corrections

Office of the Contract Monitor

MEMORANDUM

TO: Jimmy Turner, Warden

FROM: Will Golar, Contract Monitor DC DOC

DATE: October 8, 1998

SUBJECT: Contract Monitor's Deficiency Report (September 1998)

This is the Contract Monitor's monthly Contract Deficiency Report for the month of September 1998. The purpose of this report is to make you aware of findings and/or observations regarding areas of non-compliance with the terms of the contract.

We recognize how hard your staff is working attempting to get ready the facility for ACA Accreditation. During this process there are areas in medical that you and your staff should evaluate and correct because of non-compliance according to the contract, NCCHC and ACA standards. In your monthly deficiency report tracking number 98-34 provides description on what was observed.

We will continue to monitor both oral and written deficiencies responsiveness. Your staff is making progress is this area.

We look forward to discussing these issues with the you on October 8, 1998.

CC: Calvin Edwards Interim Director
John Thomas, Deputy Director
Melody Turner, CCA Division IV Special Projects File


CCA-NORTHEAST OHIO CORRECTIONAL CENTER

CONTRACT DEFICIENCIES D.C. DEPARTMENT OF CORRECTIONS REPORT

PREPARED BY: CONTRACT MONITOR'S OFFICE

October 8, 1998

Notice

Tracking

Number

Notice

Date

Contract

Citation

Issue

Code

Description of Deficiency/Date Observed Impt./

Urgency

Cure

Date

Status
98-34 10-08-08 NCCHC

p-37;p38

p-43;p44

p-51;p52

p60

Renewals

7 Urgent care at the facility is deficient. There is evidence of systemic deficiency, mainly in areas cited as written or oral deficiencies during the past ten months.

A. Chronic care access is not being provided consistent Patients with significantly elevated cholesterol and is not in a care plan.

B. Nurses and physician sick call access. Patients with symptoms that include passing out, progressive weakness, and chest pain. There is no system to assure notification of results and continuity of care.

C. Physical assessment by nursing staff is deficient. The written facility protocol for chest pain

2-U 10-25-98  
98-33 09-10-98 ACA

3-4271;

3-4393;

3-4434;

NEOCC-

CCA

P&P

14-5

NCCHC

P-12

13 A review of the inmate grievance process by P/BA reveals that for April 1998 there are 59 grievances out of compliance with the 90-day period established by CCA-NEOCC for resolving grievances. 125 grievances out of compliance with 90-day standard for May 1998. A report of the findings was provided to CCA and DOC. 2-U 10-11-98  

CCA-NORTHEAST OHIO CORRECTIONAL CENTER

CONTRACT DEFICIENCIES D.C. DEPARTMENT OF CORRECTIONS REPORT

PREPARED BY: CONTRACT MONITOR'S OFFICE

October 8, 1998

98-32 08-07-98 Contract

C.1.1.

ACA

3-4213

3-4164

3-4189

13-4391-11

16 As stated in the Contract, "the Contractor shall provide confinement, care and rehabilitation for male inmates transferred by the District to the Contractor." Based upon the escape that occurred on July 25, 1998, in practice CCA failed to ensure that some of its security and management systems for complying with this term of the Contract were established and adequately responsive. 2-U 08-21-98 Pending Resolution.

While numerous security enhancements have been completed including additional razor wire around the perinmeter, installation of three watch towers outside the recreation yard, revisions to specific post orders, establishing an additional fence, etc., we are still awaiting the facility's escape prevention plan.

As indicated on the 08-07-98 deficiency report, an approved written plan for corrective action to address all issues related to escape prevention and/or security enhancements planned, underway, or completed at NEOCC as a result of this incident is necessary.

Further there was no formal system for notice to registered victims when there is an escape as per ACA standard 3-4393-1.

98-31 08-07-98 Contract (Scope of Services)

3-4128-1 (Revised January 1996)

5,16 Medium security inmates are being housed in multiple occupancy cells/rooms without direct supervision as required by ACA standards. 2-U 08-21-98 Unresolved.

CCA has indicated in writing on 08-28-98 that a waiver will be sought for this standard.

No documentation in writing from the accrediting body has been provided to confirm approval of wavier.

98-30 08-07-98 ACA

3-4094

5,23 The mechanism for ensuring that all inmates with the facility may receive time credits for completion of programs that is promptly forwarded by the institution to DOC has not been formally established and coordinated. Written notice of this concern that was first provided by this Office on July 17, 1998, without response. 2-NU 08-21-98 Pending Resolution.

Memo received on 08-28-98 from Warden indicating they are working with DCDOC to resolve this issue.

98-29 08-07-98 Contract

C.1.2.2. CCA 15-1; 15-2; 15-100 Inmate Handbook

15 CCA is enforcing rules and regulations inconsistent with ACA standards and contract provisions. Inmate handbook does not include specific rule violation for inmate failure to attend educational, vocational or work assignments as a major infraction, however, it is being enforced as such. 2-U 08-21-98 Pending Resolution.

Distribution of handbook has begun. Awaiting final documentation that all inmates have signed for and received handbook.

CCA-NORTHEAST OHIO CORRECTIONAL CENTER

CONTRACT DEFICIENCIES D.C. DEPARTMENT OF CORRECTIONS REPORT

PREPARED BY: CONTRACT MONITOR'S OFFICE

October 8, 1998

98-28 08-07-98 Contract

C.1.14

2 CCA has not established the video visitation program as required by the Contract. 2-NU 08-21-98 Pending Resolution.

Warden Turner reports he is meeting with a vendor on September 15, 1998 to continue efforts to meet this contractual requirement. Received memo on status from Warden on 08-28-98.

98-27 08-07-98 NCCHC P-14 ACA 3-4365

D.O. 6012.4

7 The facility still does not have a stated policy on condom distribution. Inmates from D.C. have historically been allowed condoms when medically disseminated. Medical policy for it has been developed at other CCA operated facilities housing D.C. inmates. Existing policy on control of serious and infectious diseases does not address this issue. 1-NU 08-21-98 Resolved as of August 28, 1998. On 08-28-98, CCA indicated in writing to the Contract Monitor's office that condoms will not be distributed to inmates at NEOCC, consistent with D.O. 6012-4.

CCA-NORTHEAST OHIO CORRECTIONAL CENTER

CONTRACT DEFICIENCIES D.C. DEPARTMENT OF CORRECTIONS REPORT

PREPARED BY: CONTRACT MONITOR'S OFFICE

October 8, 1998

98-26 07-06-98 Contract C.1.3 C.1.2 CA 90-793 May 26, 1998 Def. Report Oral Notices 06-03-98 23, 25 23, 25 Required reports are not being submitted to the Contract Monitor's office in a timely manner to include the following:

A. Current compliance report for Green v. D.C.

B. Copy of the Monthly Billing invoice for daily population that is forwarded to DOC;

C. Written responses to Contract Monitor's deficiency report by established cure dates;

D. Copies of disciplinary reports sent to D.C. within 5 days for its files or action;

E. Use of Force reports, investigations ad after action reports.

F. Reports on fire drills conducted during each month;

G. Administrative directives provided to inmate population.

[H. Area shakedown reports]

[I. Copies of past and current facility quarterly reports submitted to DOC that includes information as per C.1.12.3.]

1-U 07-20-98 Unresolved.

A. Awaiting quarterly report on Green v. D.C. for June - August 1998.

B. D.F.H. Resolved

C. Unresolved. Still experiencing inconsistencies in getting written responses to cited issues by established.

E. Pending Resolution. Not receiving these reports in a timely manner. Initial reports should be provided to the Contract Monitor by end of each shift. A lock box for such reports will be placed outside the Cm's office.

G. Received copies of some but not all administrative directives provided to inmates. Consistency is needed in this area to avoid cross-communication to inmates.

I. Unresolved. Awaiting copy of quarterly report that is submitted to meet contractual requirement.

CCA-NORTHEAST OHIO CORRECTIONAL CENTER

CONTRACT DEFICIENCIES D.C. DEPARTMENT OF CORRECTIONS REPORT

PREPARED BY: CONTRACT MONITOR'S OFFICE

October 8, 1998

98-25 07-06-98 NCCHC P-06

P-13

7, 19 The Quality Improvement Program has not been implemented as per NCCHC standards, CCA and EMSA policies and procedures. 2-NU 07-20-98 Unresolved.

Minutes for meetings are being completed. The process continues to be limited to Health Care Administrator and one nurse. The is insufficient involvement and coordination with the security staff. Further review will occur September 14-15, 1998.

98-23 05-26-98 ACA

3-4238 3-4241 3-4243

CCA

10-100

5, 13 Administrative reviews, consistent with standards and CCA policy and procedures are not consistently being conducted for inmates in administrative segregation. 2-U 06-10-98 Resolved.
98-22 05-26-98 ACA

3-4128

16, 17, 26 Maximum and close custody inmates are being double-celled in housing units within the facility. 2-U 06-10-98 Pending Resolution.

23 inmates were removed from facility on August 26, 1998 and sent to FBOP facility. Remaining close custody inmates are still double-celled. CCA reports that these inmates will be removed from the facility by October 1, 1998 to come in compliance with contractual obligation and court orders.

CCA-NORTHEAST OHIO CORRECTIONAL CENTER

CONTRACT DEFICIENCIES D.C. DEPARTMENT OF CORRECTIONS REPORT

PREPARED BY: CONTRACT MONITOR'S OFFICE

October 8, 1998

98-21 04-24-98 [ACA 3-4128-1 (rev. 1996)] [5, 13, 16] A discrete written policy and procedure for handling inmate separations has not yet been developed. This policy needs to be developed consistent with the stratification plan and must clearly define what will happen when inmates are listed as needing to be separated and how those separations will be accomplished with respect to housing, programs, visiting, etc. Must also address the "non-animosity" process. The separation list is not communicated consistently and does not include locations of inmates who have separations and contains information extraneous to officers who will use it on daily basis. [2-U] [05-25-98] Pending Resolution.

Received separations list for August 7, 1998 and September 8, 1998.

Received classification manual and re-stratification plans.

Waiting approved and signed policy and procedure from corporate.

Further review of practice to determine availability of separation lists in all necessary locations will occur this month.

98-18 04-24-98 ACA 3-4271; 3-4393; 3-4434;DCDOC D.O. 4030.1 D NEOCC-CCA P & P

14-5 NCCHC P-12

13 There are systemic problems with the facility's grievance process include: A. Inconsistencies in practice concerning responses forwarded on appeal to the Warden. B. inadequate staff responses to grievable and non-grievable issues, C. gaps in training on grievances, D. inadequate availability of policies and procedures, compliance reports that [are] crucial for grievance officer's resolution of issues, E. inconsistencies remain between inmate handbook and policy 14-5. 2-NU 05-25-98 Resolved.

A,B,C,D, E Resolved.

CCA-NORTHEAST OHIO CORRECTIONAL CENTER

CONTRACT DEFICIENCIES D.C. DEPARTMENT OF CORRECTIONS REPORT

PREPARED BY: CONTRACT MONITOR'S OFFICE

October 8, 1998

98-15 03-25-98 C.1.3; J.5- (Green v. D.C.) CV01995 H.9 & C.1 Bounds v. Smith. 430 US 817; 97 S.Ct. 1991, 52L ed. 72 (1997) CCA-NEOCC 14-8; ACA 3-4262; 2-4263; 3-4264; 3-4256 2, 13 There are inconsistencies between the policy and practice concerning inmates in segregation being afforded meaningful opportunities to access the courts through available law library materials as well as for the purpose of completing research for pending cases. A system for a inmate legal assistant has not been established and implemented. 2-NU 04-24-98 Resolved as of June 24, 1998.

Note: Still need signed copy of staff attorney's contract is needed on file by this office. As of September 9, 1998 we have not received this document despite promises of it.

CCA-NORTHEAST OHIO CORRECTIONAL CENTER

CONTRACT DEFICIENCIES D.C. DEPARTMENT OF CORRECTIONS REPORT

PREPARED BY: CONTRACT MONITOR'S OFFICE

October 8, 1998

98-14 03-25-98 C.1.8 CCA-NEOCC 11-100 13-146 ACA 3-4299 NCCHC P-46; P-47 10 A. The therapeutic diet menu portions are not served consistently [or] correctly. B. Therapeutic diet trays are not being accurately distributed by housing officers. 1-NU 04-24-98 Unresolved.

A. Resolved as of June 24, 1998.

B. Pending Resolution P/BA's food service expert has reviewed copies of therapeutic and religious diet menus. Further review of practice by B. Hladki will occur on September 17-18, 1998.

98-12 03-02-98 C.1.2. C.1.2.12 CCA-NEOCC 13-31; 15-1; 15-101; 10-102 ACA 3-4236; 3-4217; 3-4217; 3-4232; 3-4243; 3-4216; 3-4228; 3-4222 15, 28 The system for inmate discipline requires changes in policy, procedure and practice to assure due process compliance on appeals, unbiased disciplinary officer, disposition of individual charges, handling of minor offenses, removal from disciplinary confinement when time is served. Written notice provided from the Contract Monitor to

Warden Gibson on March 2, 1998.

2-U 04-03-98 Resolved.

Inmate handbook has been distributed.

98-10 02-25-98 ACA 3-4181 13, 16 The facility does not have a discrete, written inmate movement policy and procedure. 2-U 03-25-98 Pending Resolution.

Awaiting final review and approval of Contract Monitor.

CCA-NORTHEAST OHIO CORRECTIONAL CENTER

CONTRACT DEFICIENCIES D.C. DEPARTMENT OF CORRECTIONS REPORT

PREPARED BY: CONTRACT MONITOR'S OFFICE

October 8, 1998

98-9 02-25-98 C.1.2.2 ACA 3-4214; 3-4216; CCA-NEOCC 15-1; 16-1 13, 15 Inmate Handbook is not consistent with CCA Policies & Procedures. Handbook for English speaking & Hispanic inmates should be revised to reflect current policies. 2-NU 03-25-98 Pending Resolution.

English version of inmate handbook has been distributed. Awaiting distribution of revised version for Spanish-speaking inmates that are being revised by staff. Terminal date for distribution is needed.

98-6 01-26-98 Contract C.1.2.7.1 C.1.2.7.2. 8; ACA 3-4330; 3-4331; 3-4347; 3-4348; 3-4356 NCCHC P-01; P-30; P-40; P-44 7 There is a six-week backlog for non-emergency eye care and dentistry. 2-NU 02-09-98 Unresolved.

Eye care-reinstated pre-existing deficiency which was considered resolved. Dr. Greifinger's August site visit reveals there is now a 9-week backlog for eye care with some inmates waiting as long as five months.

Dental Care. A new dentist has been hired, however, there is still a 3-week wait for the initial visit to see the dentist for

98-5 01-26-98 Contract C.1.2.7.1 ACA 3-4337; 3-4349; 3-4355; 3-4357; 3-4360 7 The Operator has not established criteria to determine whether there are inmates whose mental health status requires care beyond that which the facility can provide. 2-U 02-09-98 Unresolved.

Received draft of mental health plan on 08-28098 Dr. Greifinger will occur on September 14-15

CCA-NORTHEAST OHIO CORRECTIONAL CENTER

CONTRACT DEFICIENCIES D.C. DEPARTMENT OF CORRECTIONS REPORT

PREPARED BY: CONTRACT MONITOR'S OFFICE

October 8, 1998

97-1 12-10-97 Contract C.1.2.4; ACA StdS 3-4394-4400; 3-4401-3-4409; 3-4410-3-4422; CCA-NEOCC P & P 19-100 2 The Operator has established several educational/vocational program opportunities for approximately 300 inmates involved in full-time or part-time paid work opportunities at the NEOCC. Approximately 750-850 general population inmates currently have no part-time or full-time program/work assignment. Sufficient programs are required for all general population inmates (1638 G.P. inmates) to participate in eductional, vocational, drug treatment, work programs (including industries). 2-NU 01-31-98 Pending Resolution.

We received copies of the facility re-stratification plan and documentation of programs in place at the facility. Current participation rate does not meet contractual requirements. Status of this deficiency is not expected to change much until after the transfer of close custody inmates to FBOP facilities by October.

No further written progress for industries program has been received although Warden Turner reported on August 28, 1998 that discussions/negotiations are underway for industries.

Code       Issue

1 Transfers
2 Programs
3 Communications
4 Property
5 Case Management
6 Sentence
7 Medical/Dental Care
8 Inmate Finance
9 Transportation
10 Food Services
11 Facilities Maintenance
12 Staff Treatment
13 Prison Regulations
14 Other
15 Inmate Discipline
16 Security
17 Safety
18 Emerg. Preparedness
19 Quality Assurance
20 Capital Improvements
21 Staffing
22 Administration
23 Records
24 Environmental/Sanitation
25 Incident Reports
26 Operator's Facility Policy & Procedure Manual
27 Performance Indicators
28 Training

Deficiency Criteria
1 Minor
2 Major
3 Non-Urgent
4 Urgent

Notes:

  1. Deficiency will appear on [monthly] deficiency reports until the Operator has provided the Contract Monitor's office with a written response to the issue that constitutes the necessary corrective action to resolve non-compliance with the terms and conditions of the Contract's Operating Standards.
  2. Deficiencies may be upgraded to major and urgent when the Operator has not responded and the non-compliance persists beyond the cure date agreed upon without a corrective action plan. The status will be considered and reported a unresolved in the status column of this report.
  3. The status column will reflect Pending Resolution when a corrective action plan has been submitted by the Operator that is acceptable. It will continue to be listed in future Deficiency Reports as Pending Resolution until the final self-imposed deadline has been met.
  4. Any issue that has been RESOLVED by the Operator will appear on the next Contract Monitor's deficiency report in the status column. No deficiency will be removed from this reporting process unless a written response that is adequate to address Contract compliance has been received. Verbal discussions implying remedies are not enough to remove any legitimate deficiency.
  5. This report is considered a confidential document that may be used beyond its intended purpose to assess or evaluate the Operator's performance an compliance with the terms and conditions of the Contract.
  6. Deficiency notice numbers appearing in bold in the first column reflect calendar year the deficiency was reported and the numerical order that the issue was cited.
  7. Where letters (for example: a,b) have been assigned to the notice tracking of deficiencies, each area must be responded to and resolved. The status of each of these items will appear as resolved or unresolved with explanation on future reports.
  8. The use of [ ] denotes information inserted in rows or columns due to typographical errors by the writer to aid in clarity.

Contract Monitor's Office Staff Abbreviations
DB- David Bogard, P/BA-DOC Contract Monitor
P/BA - Pulitzer/Bogard & Associates - (Contract Monitoring consultants)
MG - Michael Gatling P/BA (Project Manager)
Bob Greifinger, M.D. - P/BA Medical expert
BH - Barb Hladki - P/BA Food Service expert

c. Warden Jimmy Turner, CCA-NEOCC
Margaret Moore, Director DCDOC
Calvin Edwards, Ph.D., Executive Deputy Director

Updated March 7, 2017