Cca Whiteville Contract Violations 2008

Disciplinary Self-Help Litigation Manual - Header

Cca Whiteville Contract Violations 2008

• Topics: Private Prisons

Download original document:
Brief thumbnail

Document text

This text is machine-read, and may contain errors. Check the original document to verify accuracy.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR JANUARY 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/19/07

Yes

Monitoring
Instrument
Use of Force

ITEM
NON-COMPLIANCE ISSUE
NO.
7e

9/19/07

Yes

Use of Force

10/3/07

Yes

Food Service

34b

11/8/07

Yes

Security and
Control Counts

11/19/07

Yes

Special
Management
Inmates

NIN

Yes

Security and
Control Security
Equipment

Yes

Security and
Control Security
Equipment

12/7/07

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Page 1
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

Redacted
Warden's response September 24, 2007: The facility concurs that
On 7-22-07, at 7:20 p.m. a MK 9 fogger was used in a
the staff in central control failed to log the issuance of OC in this
Use of Force incident. There is no record of a MK9
Repeat finding 12/7/07 below.
2/8/08 CMD note: Letter of concern issued 2/5/08.
instance as required. Corrective steps have been taken to
fogger being issued by Central Control.
address their failure.
1/7/08 CM Comment: The
Warden response dated 10/18/07: A warming cart is now being
facility has purchased a steam
On two different dates, hot food delivered to
used to transport trays from FS to seg unit and meals will be
line for the segregation unit. They
segregation unit never reached required temperature
checked on a random basis each week by the Chief of Security
started heating the food in the unit
of 140 degrees.
and the FS Manager for temp compliance.
on 2/4/08, I will monitor to ensure
compliance.
Wardens response dated 11/15/07: A directive has been given to
facility employees that in no circumstance are inmates to be
Monitors Note: On 12/19/07
moved without count room approval. The employee who initiated went to the unit to verify that the
The count room was not notified that 2 inmates had
1/31/08 CMD note: Letter of Concern issued 1/16/08.
these moves was identified and corrective action has been taken. problem had been fixed. An
changed cells. This apparently meant that these
1/7/08 CMD note: This item is identified as an
Unit Managers and other supervisory staff are conducting
Inmate, according to LIMC/count
inmates were not properly accounted for on TOMIS or
Essential item. It has been determined that a Breach
meetings with line staff to ensure all staff know not to move
room was assigned to IA202, but
the count room locator board, and had gone through
notification will not be issued at this time; however, a
inmates unless approved by the count room. This has also been
he was living in IA103. Therefore I
counts uncorrected.
letter of concern will be sent addressing this issue.
added to the Warden's agenda for the upcoming staff recall
will continue to monitor
meetings on November 27th that all employees are expected to
compliance on this item.
attend.
Wardens response dated 12/3/07: "The facility agrees that
staff...failed to follow applicable policy and post orders... As a
result of this incident a thorough review of segregation operations
1/31/08 CMD note: Breach letter issued 1/16/08.
Per TDOC incident #721199, on November 16, 2007 was conducted by external CCA management staff... A number of
1/7/08 CMD note: This issue, due to the significance
at approximately 12:30 p.m., a maximum custody
immediate actions were taken to ensure a higher level of
of the incident, is being considered an Essential
inmate and a protective custody inmate were placed supervision and accountability...In addition, a meeting...with
requirement. As such, a notification of Breach is being
in the recreation cage together.
Managing Director Kevin Myers and Wardens of all 3 TDOC
drafted for distribution.
contract facilities...addressed segregation concerns at WCFA,
HCCF and SCCF and outlined a plan to establish a focus team to
evaluate current operations at each facility."
2/8/08 CMD note: Letter of concern issued 2/5/08.
2/1/08 CMD note: Per Policy, essential items found in
non-compliance may result in a breach determination
regardless of the number of times the item has been
MK 3 Fogger actual count was nine (9). Perpetual
Wardens response dated 12/12/07. A complete inventory has been
found in non-compliance. At this time, a breach
inventory showed ten (10). October and November
scheduled for the week of 12/17/07.
determination is being held in abeyance in this
monthly inventories showed twelve (12). Essential.
instance, however, another finding of non-compliance
for this item in the next 12 months shall result in a
breach finding and immediate assessment of
liquidated damages.
Documented inventories present, however due to
Wardens response dated 12/12/07. Weekly inventories will be
Item 5 above, inventoried did not match the perpetual conducted and any discrepancies will be immediately reported to
records.
the Chief of Security and the Duty Officer.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

2/8/08 CMD note: Letter of concern issued 2/5/08.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR JANUARY 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

12/7/07

Monitoring
Instrument

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

Yes

Security and
Control Security
Equipment

Yes

Security and
Control 12a (1) Redacted
Security
Equipment

Yes

Security and
Control Security
Equipment

12b

Quarterly reports are not being done for key
inventories. Essential.

Wardens response dated 12/7/07. Quarterly reports will be
documented in regards to keys in the future.

2/8/08 CMD note: Letter of concern issued 2/5/08.
See 2/1/08 CMD note above.

Yes

Security and
Control Security
Equipment

12c

CCA policy requires monthly testing of emergency
keys to be done on 3rd shift. No monthly reports
could be located. Essential.

Wardens response dated 12/7/07. Monthly checks of all
emergency keys will be conducted on third shift and documented.

2/8/08 CMD note: Letter of concern issued 2/5/08.
See 2/1/08 CMD note above.

Redacted

12/7/07

Yes

Security and
Control Security
Equipment

NIN

12/11/07

Yes

Use of Force

On 11/30/07, six (6) cans of MK9 were issued to a
correctional officer with no authorizing supervisor's
signature. Repeat finding - NCR dated 9/19/07.

12/11/07

Page 2

Yes

Use of Force

On 11-6-07, 11/12/07, and 11/27/07 the concave
Wardens response dated 12/7/07. Supervisors have been given
shield was used but no record of it being checked out clear directives that they will be held accountable for ensuring the
in the armory.
items are signed out and back in when used.

Same as above.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

2/8/08 CMD note: Letter of concern issued 2/5/08.
1/31/08 CMD note: The issue of proper procedures for
the issuance and documentation of security
equipment, including chemical agents, needs to be
effectively addressed. The monitor is requested to
verify the effectiveness of the corrective action taken
within 30 days. If the problem persists, another NCR
should be issued.
2/8/08 CMD note: Letter of concern issued 2/5/08.
1/31/08 CMD note: The issue of proper procedures for
the issuance and documentation of security
equipment, including chemical agents, needs to be
effectively addressed. The monitor is requested to
verify the effectiveness of the corrective action taken
within 30 days. If the problem persists, another NCR
should be issued.

2/8/08 and 1/31/08 CMD note: Same as above.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR JANUARY 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

12/11/07

1/15/08

1/25/08

Yes

Monitoring
Instrument

Use of Force

ITEM
NON-COMPLIANCE ISSUE
NO.

NIN

Security and
Control Security
Equipment

Vocational
and
Academic
Programs

2c (3)

Vocational
and
Academic
Programs

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

On 10/29/07, log shows one MK9 in the cabinet with
Chief of Security being notified. Explanation entered
on 11/1/07 that canister was empty and removed by
Captain. Armory personnel are to remove/add
canisters. On 11/8/07, log sheet showed three (3)
MK9's exchanged but the count was changed to four
Same as above.
(4). Also supervisors are not signing the central
control chemical agent check out log consistently.
Note: There were fourteen (14) occasions during the
monitoring period (Oct. 1-Dec.7) that the supervisor
did not sign the central control check out log for
chemical agents.
On 1/14/08, TOMIS incident #728106, the concave
shield and the Nova Stun Shield were present at the
incident, however there was no record of the Stun
Shield being activated. Upon checking the armory
equipment issuance log, there was no record of either
the concave shield or the Stun Shield being properly
checked out. The armory log reflected the captain
entered the armory at 8:20 pm and exited 22:10 with
the reason listed as "shield".

Wardens response dated 1/18/08 received from Acting Warden
Perry: From this point forward the Chiefs will be called after each
incident to go over a prepared check list. The check list will include
but not limited to the items listed on this NCR. This will be
effective as of 1/15/08.

There were no minutes for staff meetings. Agendas
were available but minutes have not been done.

Wardens response dated 1/28/08: Concur. The A/W of Programs
will monitor and ensure that minutes are maintained in the future.

Wardens response dated 1/28/08: Facility requests additional
information regarding when homework is appropriate. It is agreed
that this practice is not optimum and it is not acceptable. However,
based on the practice of recording time for which homework is
assigned and paying inmates for that time is utilized in other TDOC
One teacher has actual classroom time only one day facilities, it is questioned whether this is a policy violation. Absent a
a week and assigns homework the remainder of the standard acceptable threshold, then to find this item non-compliant
time. She has been doing the TABE testing, as well could be construed to mean all homework assignments for which
as, other testing for the facility. Note: This has been inmates are credited for attendance and pay must therefore be in
on-going for 24 months.
violation of policy. This punishes inmates when a teacher is
absent for illness, etc. Request that additional direction be given
as to the appropriate level of homework that can account for
classroom participation. Immediate corrective action in this matter
has been taken by ensuring that TABE testing is performed by the
education counselor.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Page 3
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

2/8/08 and 1/31/08 CMD note: Same as above.

2/8/08 CMD note: This issue detailed in this item
more appropriately applies to item number 15a.
The Non-compliance finding for item 6 will be
deleted, and this issue will be dealt with in item
15a (below).

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR JANUARY 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

1/25/08

Monitoring
Instrument

Vocational
and
Academic
Programs

ITEM
NON-COMPLIANCE ISSUE
NO.

15a

The teacher noted above is entering time for which
inmates are not in class on TOMIS LJEN as actual
attendance, however, TDOC Policy 504.04, VI.C.4 (b)
indicates that this time should have been entered in
the excused hour's column. Several teachers are
entering an excess of 6.0 hours a day on LJEN, i.e.,
18 hours, 12 hours, 6 hours attend/6 hours excused
on the same day.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN
Wardens response dated 1/28/08: Concur. The Warden met with
all department heads on January 23rd and gave clear instructions
on the expectations of all managers and supervisors to ensure
attendance/pay was being entered accurately. Department heads
were advised that they would be held accountable for the
performance of their staff in this area, and they were expected to
review and monitor their employees and hold them accountable.
On January 25th, this issue was addressed to all education staff
and additional training provided by the job coordinator to ensure
education staff understood how to record attendance and pay.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Page 4
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR FEBRUARY 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/19/07

Yes

Monitoring
Instrument
Use of Force

ITEM
NON-COMPLIANCE ISSUE
NO.
7e

9/19/07

Yes

Use of Force

10/3/07

Yes

Food Service

34b

11/8/07

Yes

Security and
Control Counts

11/19/07

Yes

Special
Management
Inmates

NIN

Yes

Security and
Control Security
Equipment

Yes

Security and
Control Security
Equipment

Yes

Security and
Control Security
Equipment

12b

12/7/07

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Page 1
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

Redacted
Warden's response September 24, 2007: The facility concurs that
On 7-22-07, at 7:20 p.m. a MK 9 fogger was used in a
the staff in central control failed to log the issuance of OC in this
Use of Force incident. There is no record of a MK9
Repeat finding 12/7/07 below.
2/8/08 CMD note: Letter of concern issued 2/5/08.
instance as required. Corrective steps have been taken to
fogger being issued by Central Control.
address their failure.
1/7/08 CM Comment: The
Warden response dated 10/18/07: A warming cart is now being
facility has purchased a steam
On two different dates, hot food delivered to
used to transport trays from FS to seg unit and meals will be
line for the segregation unit. They
segregation unit never reached required temperature
checked on a random basis each week by the Chief of Security
started heating the food in the unit
of 140 degrees.
and the FS Manager for temp compliance.
on 2/4/08, I will monitor to ensure
compliance.
Wardens response dated 11/15/07: A directive has been given to
facility employees that in no circumstance are inmates to be
Monitors Note: On 12/19/07
moved without count room approval. The employee who initiated went to the unit to verify that the
The count room was not notified that 2 inmates had
1/31/08 CMD note: Letter of Concern issued 1/16/08.
these moves was identified and corrective action has been taken. problem had been fixed. An
changed cells. This apparently meant that these
1/7/08 CMD note: This item is identified as an
Unit Managers and other supervisory staff are conducting
Inmate, according to LIMC/count
inmates were not properly accounted for on TOMIS or
Essential item. It has been determined that a Breach
meetings with line staff to ensure all staff know not to move
room was assigned to IA202, but
the count room locator board, and had gone through
notification will not be issued at this time; however, a
inmates unless approved by the count room. This has also been
he was living in IA103. Therefore I
counts uncorrected.
letter of concern will be sent addressing this issue.
added to the Warden's agenda for the upcoming staff recall
will continue to monitor
meetings on November 27th that all employees are expected to
compliance on this item.
attend.
Wardens response dated 12/3/07: "The facility agrees that
staff...failed to follow applicable policy and post orders... As a
result of this incident a thorough review of segregation operations
1/31/08 CMD note: Breach letter issued 1/16/08.
Per TDOC incident #721199, on November 16, 2007 was conducted by external CCA management staff... A number of Verified 3/11/08 by CM: No
1/7/08 CMD note: This issue, due to the significance
recurrences of this or similar
at approximately 12:30 p.m., a maximum custody
immediate actions were taken to ensure a higher level of
of the incident, is being considered an Essential
issues since corrective action
inmate and a protective custody inmate were placed supervision and accountability...In addition, a meeting...with
requirement. As such, a notification of Breach is being
taken.
in the recreation cage together.
Managing Director Kevin Myers and Wardens of all 3 TDOC
drafted for distribution.
contract facilities...addressed segregation concerns at WCFA,
HCCF and SCCF and outlined a plan to establish a focus team to
evaluate current operations at each facility."
2/8/08 CMD note: Letter of concern issued 2/5/08.
2/1/08 CMD note:...At this time, a breach
MK 3 Fogger actual count was nine (9). Perpetual
determination is being held in abeyance in this
Wardens response dated 12/12/07. A complete inventory has been
inventory showed ten (10). October and November
instance, however, another finding of non-compliance
scheduled for the week of 12/17/07.
monthly inventories showed twelve (12). Essential.
for this item in the next 12 months shall result in a
breach finding and immediate assessment of
liquidated damages.
Documented inventories present, however due to
Wardens response dated 12/12/07. Weekly inventories will be
Item 5 above, inventoried did not match the perpetual conducted and any discrepancies will be immediately reported to
records.
the Chief of Security and the Duty Officer.

2/8/08 CMD note: Letter of concern issued 2/5/08.

Quarterly reports are not being done for key
inventories. Essential.

2/8/08 CMD note: Letter of concern issued 2/5/08.
See 2/1/08 CMD note above.

Wardens response dated 12/7/07. Quarterly reports will be
documented in regards to keys in the future.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR FEBRUARY 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

12/7/07

Yes

Monitoring
Instrument
Security and
Control Security
Equipment

12/7/07

Yes

Security and
Control Security
Equipment

12/11/07

Yes

Use of Force

ITEM
NON-COMPLIANCE ISSUE
NO.

12c

NIN

12/11/07

Yes

Use of Force

12/11/07

Yes

Use of Force

NIN

1/15/08

Yes

Security and
Control Security
Equipment

CCA policy requires monthly testing of emergency
keys to be done on 3rd shift. No monthly reports
could be located. Essential.

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS
Corrective Action Verified
Wardens response dated 12/7/07. Monthly checks of all
3/11/08: CM received Jan./Feb.
emergency keys will be conducted on third shift and documented. 2008 monthly checks of
emergency keys.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

On 11/30/07, six (6) cans of MK9 were issued to a
correctional officer with no authorizing supervisor's
signature. Repeat finding - NCR dated 9/19/07.

Same as above.

On 12/3/07, incident #723026 MK9 was used in a Use
of Force incident. On 11/14/07, incident #720934 MK9
was used in a Use Force incident. There was no
Same as above.
record of MK9 being issued by Central Control in
either of these incidents. Repeat finding - NCR
dated 9/19/07.
On 10/29/07, log shows one MK9 in the cabinet with
Chief of Security being notified. Explanation entered
on 11/1/07 that canister was empty and removed by
Captain. Armory personnel are to remove/add
canisters. On 11/8/07, log sheet showed three (3)
MK9's exchanged but the count was changed to four
Same as above.
(4). Also supervisors are not signing the central
control chemical agent check out log consistently.
Note: There were fourteen (14) occasions during the
monitoring period (Oct. 1-Dec.7) that the supervisor
did not sign the central control check out log for
chemical agents.
On 1/14/08, TOMIS incident #728106, the concave
shield and the Nova Stun Shield were present at the
incident, however there was no record of the Stun
Shield being activated. Upon checking the armory
equipment issuance log, there was no record of either
the concave shield or the Stun Shield being properly
checked out. The armory log reflected the captain
entered the armory at 8:20 pm and exited 22:10 with
the reason listed as "shield".

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Page 2
TDOC MANAGEMENT COMMENTS/NOTES

2/8/08 CMD note: Letter of concern issued 2/5/08.
See 2/1/08 CMD note above.
2/8/08 CMD note: Letter of concern issued 2/5/08.
1/31/08 CMD note: The issue of proper procedures for
the issuance and documentation of security
equipment, including chemical agents, needs to be
effectively addressed. The monitor is requested to
verify the effectiveness of the corrective action taken
within 30 days. If the problem persists, another NCR
should be issued.
2/8/08 CMD note: Letter of concern issued 2/5/08.
1/31/08 CMD note: The issue of proper procedures for
the issuance and documentation of security
equipment, including chemical agents, needs to be
effectively addressed. The monitor is requested to
verify the effectiveness of the corrective action taken
within 30 days. If the problem persists, another NCR
should be issued.

2/8/08 and 1/31/08 CMD note: Same as above.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR FEBRUARY 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

1/25/08

1/28/08

Yes

Monitoring
Instrument

ITEM
NON-COMPLIANCE ISSUE
NO.

Vocational
and
Academic
Programs

2c (3)

Vocational
and
Academic
Programs

Special
Management
Inmates

There were no minutes for staff meetings. Agendas
were available but minutes have not been done.

Page 3

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Wardens response dated 1/28/08: Concur. The A/W of Programs
will monitor and ensure that minutes are maintained in the future.

Corrective Action Verified:
3/11/08 Minutes are now being
taken of staff meetings.

TDOC MANAGEMENT COMMENTS/NOTES

15a

Wardens response dated 1/28/08:"...Facility requests additional
information regarding when homework is appropriate. It is agreed
One teacher has actual classroom time only one day
that this practice is not optimum... it is questioned whether this is a
a week and assigns homework the remainder of the
policy violation. Request that additional direction be given as to the
time. She has been doing the TABE testing, as well
appropriate level of homework that can account for classroom
as other testing for the facility. The teacher noted
participation. Immediate corrective action in this matter has been
above is entering time for which inmates are not in
taken by ensuring that TABE testing is performed by the education
class on TOMIS LJEN as actual attendance,
counselor." Cocerning entry of attendence: "Concur. The Warden
however, Policy 504.04 indicates that this time should
met with all department heads on January 23rd and gave clear
have been entered in the excused hour's column.
instructions on the expectations of all managers and supervisors to
Several teachers are entering an excess of 6.0 hours
ensure attendance/pay was being entered accurately... On
a day on LJEN, i.e., 18 hours, 12 hours, 6 hours
January 25th, this issue was addressed to all education staff and
attend/6 hours excused on the same day.
additional training provided by the job coordinator to ensure
education staff understood how to record attendance and pay."

Corrective Action Verified:
3/11/08. Education Counselor is
now doing the TABE testing. The
attendance monitored has been
correctly entered.

Inmate D. Smith #122954 was scheduled to be
released from segregation on 1/27/08 at 4:00 pm. He
Wardens response dated 2/6/08. The Shift Supervisor was
was not released until 6:30 a.m. on 1/28/08. Captain
directed by Chief of Unit Management to contact the
called TDOC liaison at 3:00 a.m. on 1/28.08
Commissioner's designee regarding this inmate. He did not do as
requesting inmate Smith be allowed to stay on
directed. The S/S has been talked to and corrective action has
segregation pending PC. This request was denied. He
been taken. A PSN is completed and will be served on 2/6/08.
was held in segregation 14.5 hours beyond his
approved time. Essential Item.

3/17/08 CMD note: Although this is an Essential
item, no breach notification is being issued at this
Corrective Action Verified:
time. Disciplinary action was taken with the staff
3/11/08. BI01MGM report is being
involved, and ther were no recurrences of the
checked daily by monitor. No
issue in the 6 weeks after noted. Any subsequent
other deficiencies noted.
instances of this will result in assessment of
liquidated damages.

On 2/23/08, a part-time officer was working the critical Wardens response dated 2/23/08. Concurs. Captain did send
Utility Escort/Search post. She was allowed to go
officer home at 4 pm with no relief. This is a violation of policy and
home at 4:00 pm. No replacement was made for this post orders. The weekend roster will be routinely checked against
critical post. Upon entering Central Control, only one Kronos to assure proper staffing. The C/C officer left her post to
officer was present. The other officer came in prior to take a break. This was not authorized by the supervisor and
my leaving. These are both designated as critical
corrective action is being taken on the officer. This is a violation of
posts. Essential Item.
policy and post orders and unacceptable.

2/26/08

Staffing

2/26/08

Security &
Controls Count

2/26/08

Security &
Controls Count

NIN

Wardens response dated 2/23/08. Concurs. The out-counts did
arrive at the count room late. The Chief and AW will routinely
monitor this area to ensure the policy is followed.
Wardens response dated 2/23/08. Concurs. The 4:30 pm count is
Central Control called for the 4:30 p.m. count to be a
a sitting and standing count and staff are expected to hold inmates
sit/stand count. I conducted an i.d. count after the
accountable for complying with the count procedure. I have issued
officer. Inmate in KC 214 and inmate in KC 110 were
a directive to Unit Management staff, the Chiefs and the AW's to
both covered with a blanket and did not wake up for
monitor this count frequently to ensure that all staff are conducting
count.
count as expected and as directed.
On 2/23/08, the out-counts for visitation and kitchen
were not received till 4:25 p.m., count began at 4:30
p.m.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

3/17/08 CMD note: Breach notification pending.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR MARCH 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/19/07

Yes

Monitoring
Instrument
Use of Force

ITEM
NON-COMPLIANCE ISSUE
NO.
7e

9/19/07

Yes

Use of Force

10/3/07

Yes

Food Service

34b

11/8/07

Yes

11/19/07

12/7/07

Yes

Security and
Control Counts

Special
Management
Inmates

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Page 1
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

Redacted
Warden's response September 24, 2007: The facility concurs that
Monitors Note: 3/31/08: CM will
On 7-22-07, at 7:20 p.m. a MK 9 fogger was used in a
the staff in central control failed to log the issuance of OC in this
Use of Force incident. There is no record of a MK9
continue to monitor this item.
2/8/08 CMD note: Letter of concern issued 2/5/08.
instance as required. Corrective steps have been taken to
fogger being issued by Central Control.
Repeat finding 12/7/07 below.
address their failure.
Corrective Action Verified
3/31/08: No reoccurrence of this
Warden response dated 10/18/07: A warming cart is now being
issue. 1/7/08 CM Comment: The
On two different dates, hot food delivered to
used to transport trays from FS to seg unit and meals will be
facility has purchased a steam
segregation unit never reached required temperature
checked on a random basis each week by the Chief of Security
line for the segregation unit. They
of 140 degrees.
and the FS Manager for temperature compliance.
started heating the food in the unit
on 2/4/08, I will monitor to ensure
compliance.

Wardens response dated 11/15/07: A directive has been given to
facility employees that in no circumstance are inmates to be
moved without count room approval. The employee who initiated
The count room was not notified that 2 inmates had
these moves was identified and corrective action has been taken.
changed cells. This apparently meant that these
Unit Managers and other supervisory staff are conducting
inmates were not properly accounted for on TOMIS or
meetings with line staff to ensure all staff know not to move
the count room locator board, and had gone through
inmates unless approved by the count room. This has also been
counts uncorrected.
added to the Warden's agenda for the upcoming staff recall
meetings on November 27th that all employees are expected to
attend.

Monitors Note: 3/31/08: I will
continue to monitor this item due
to a similar problem arising this
month. Monitors Note: On
12/19/07 went to the unit to verify
that the problem had been fixed.
An inmate, according to
LIMC/count room was assigned
to IA202, but he was living in
IA103. Therefore I will continue to
monitor compliance on this item.

1/31/08 CMD note: Letter of Concern issued 1/16/08.
1/7/08 CMD note: This item is identified as an
Essential item. It has been determined that a Breach
notification will not be issued at this time; however, a
letter of concern will be sent addressing this issue.

NIN

Wardens response dated 12/3/07: "The facility agrees that
staff...failed to follow applicable policy and post orders... As a
result of this incident a thorough review of segregation operations
Per TDOC incident #721199, on November 16, 2007 was conducted by external CCA management staff... A number of
at approximately 12:30 p.m., a maximum custody
immediate actions were taken to ensure a higher level of
inmate and a protective custody inmate were placed supervision and accountability...In addition, a meeting...with
in the recreation cage together.
Managing Director Kevin Myers and Wardens of all 3 TDOC
contract facilities...addressed segregation concerns at WCFA,
HCCF and SCCF and outlined a plan to establish a focus team to
evaluate current operations at each facility."

Corrective Action Verified:
3/31/08: WCFA does not
presently have any administrative
segregation inmates. Verified
3/11/08 by CM: No recurrences
of this or similar issues since
corrective action taken.

4/22/08 CMD note: Breach has been cured. Any
subsequent incident of this nature within 12
months will result in issuance of a Breach
notification and immediate liquidated
damagaes.1/31/08 CMD note: Breach letter issued
1/16/08. 1/7/08 CMD note: This issue, due to the
significance of the incident, is being considered an
Essential requirement. As such, a notification of
Breach is being drafted for distribution.

Yes

Security and
Control Security
Equipment

MK 3 Fogger actual count was nine (9). Perpetual
inventory showed ten (10). October and November
monthly inventories showed twelve (12). Essential.

Yes

Security and
Control Security
Equipment

Documented inventories present, however due to
Wardens response dated 12/12/07. Weekly inventories will be
Item 5 above, inventories did not match the perpetual conducted and any discrepancies will be immediately reported to
records.
the Chief of Security and the Duty Officer.

Corrective Action Verified:
Wardens response dated 12/12/07. A complete inventory has been
3/31/08: Inventories have been
scheduled for the week of 12/17/07.
correct. No reoccurrence.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Corrective Action Verified:
3/31/08: No further problems in
regards to the inventories.

2/8/08 CMD note: Letter of concern issued 2/5/08.
2/1/08 CMD note:...At this time, a breach
determination is being held in abeyance in this
instance, however, another finding of non-compliance
for this item in the next 12 months shall result in a
breach finding and immediate assessment of
liquidated damages.
2/8/08 CMD note: Letter of concern issued 2/5/08.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR MARCH 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

12/7/07

Yes

Monitoring
Instrument
Security and
Control Security
Equipment

ITEM
NON-COMPLIANCE ISSUE
NO.

12b

Yes

Security and
Control Security
Equipment

12c

12/7/07

Yes

Security and
Control Security
Equipment

NIN

12/11/07

Yes

Use of Force

12/11/07

Yes

Use of Force

12/11/07

Yes

Use of Force

NIN

12/7/07

Quarterly reports are not being done for key
inventories. Essential.

Page 2

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Wardens response dated 12/7/07. Quarterly reports will be
documented in regards to keys in the future.

Corrective Action Verified:
3/31/08: CM was provided a copy 2/8/08 CMD note: Letter of concern issued 2/5/08.
See 2/1/08 CMD note above.
of the quarterly key inventory
report.

TDOC MANAGEMENT COMMENTS/NOTES

Corrective Action
Verified:3/31/08: CM received
CCA policy requires monthly testing of emergency
Mar. 2008 monthly check of
Wardens response dated 12/7/07. Monthly checks of all
2/8/08 CMD note: Letter of concern issued 2/5/08.
keys to be done on 3rd shift. No monthly reports
emergency keys. Corrective
emergency keys will be conducted on third shift and documented.
See 2/1/08 CMD note above.
could be located. Essential.
Action Verified: 3/11/08: CM
received Jan./Feb. 2008 monthly
checks of emergency keys.
2/8/08 CMD note: Letter of concern issued 2/5/08.
1/31/08 CMD note: The issue of proper procedures for
the issuance and documentation of security
On 11-6-07, 11/12/07, and 11/27/07 the concave
Wardens response dated 12/7/07. Supervisors have been given
Monitors Note: 3/31/08: CM will
equipment, including chemical agents, needs to be
shield was used but no record of it being checked out clear directives that they will be held accountable for ensuring the continue to monitor this item due
effectively addressed. The monitor is requested to
in the armory.
items are signed out and back in when used.
to findings this month.
verify the effectiveness of the corrective action taken
within 30 days. If the problem persists, another NCR
should be issued.
2/8/08 CMD note: Letter of concern issued 2/5/08.
1/31/08 CMD note: The issue of proper procedures for
the issuance and documentation of security
On 11/30/07, six (6) cans of MK9 were issued to a
Monitors Note: 3/31/08: CM will
equipment, including chemical agents, needs to be
correctional officer with no authorizing supervisor's
Same as above.
continue to monitor this item due
effectively addressed. The monitor is requested to
signature. Repeat finding - NCR dated 9/19/07.
to findings on 3/11/08.
verify the effectiveness of the corrective action taken
within 30 days. If the problem persists, another NCR
should be issued.
On 12/3/07, incident #723026 MK9 was used in a Use
of Force incident. On 11/14/07, incident #720934 MK9
Monitors Note: 3/31/08: CM will
was used in a Use Force incident. There was no
Same as above.
continue to monitor this item due 2/8/08 and 1/31/08 CMD note: Same as above.
record of MK9 being issued by Central Control in
to findings this month.
either of these incidents. Repeat finding - NCR
dated 9/19/07.
On 10/29/07, log shows one MK9 in the cabinet with
Chief of Security being notified. Explanation entered
on 11/1/07 that canister was empty and removed by
Captain. Armory personnel are to remove/add
canisters. On 11/8/07, log sheet showed three (3)
Monitors Note: 3/31/08: CM will
MK9's exchanged but the count was changed to four
Same as above.
continue to monitor this item due 2/8/08 and 1/31/08 CMD note: Same as above.
(4). Also supervisors are not signing the central
to findings this month.
control chemical agent check out log consistently.
Note: There were fourteen (14) occasions during the
monitoring period (Oct. 1-Dec.7) that the supervisor
did not sign the central control check out log for
chemical agents.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR MARCH 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

1/15/08

1/28/08

Yes

Monitoring
Instrument

Security and
Control Security
Equipment

Special
Management
Inmates

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

On 1/14/08, TOMIS incident #728106, the concave
shield and the Nova Stun Shield were present at the
incident, however there was no record of the Stun
Wardens response dated 1/18/08 received from Acting Warden
Shield being activated. Upon checking the armory
Perry: From this point forward the Chiefs will be called after each
equipment issuance log, there was no record of either incident to go over a prepared check list. The check list will include
the concave shield or the Stun Shield being properly but not limited to the items listed on this NCR. This will be
checked out. The armory log reflected the captain
effective as of 1/15/08.
entered the armory at 8:20 pm and exited 22:10 with
the reason listed as "shield".
Inmate D. Smith #122954 was scheduled to be
released from segregation on 1/27/08 at 4:00 pm. He
Wardens response dated 2/6/08. The Shift Supervisor was
was not released until 6:30 a.m. on 1/28/08. Captain
directed by Chief of Unit Management to contact the
called TDOC liaison at 3:00 a.m. on 1/28.08
Commissioner's designee regarding this inmate. He did not do as
requesting inmate Smith be allowed to stay on
directed. The S/S has been talked to and corrective action has
segregation pending PC. This request was denied. He
been taken. A PSN is completed and will be served on 2/6/08.
was held in segregation 14.5 hours beyond his
approved time. Essential Item.

Page 3
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Monitors Note: 3/31/08: CM will
continue to monitor this item due
to findings this month.

Corrective Action Verified:
3/31/08: No reoccurrence. This
item is monitored daily.
Corrective Action Verified:
3/11/08. BI01MGM report is being
checked daily by monitor. No
other deficiencies noted.

2/26/08

Yes

Staffing

On 2/23/08, a part-time officer was working the critical Wardens response dated 2/23/08. Concurs. Captain did send
Utility Escort/Search post. She was allowed to go
officer home at 4 pm with no relief. This is a violation of policy and
home at 4:00 pm. No replacement was made for this post orders. The weekend roster will be routinely checked against Monitors Note: 3/31/08: Due to
critical post. Upon entering Central Control, only one Kronos to assure proper staffing. The C/C officer left her post to
findings on 3/24/08, CM will
officer was present. The other officer came in prior to take a break. This was not authorized by the supervisor and
continue to monitor this item.
my leaving. These are both designated as critical
corrective action is being taken on the officer. This is a violation of
posts. Essential Item.
policy and post orders and unacceptable.

2/26/08

Yes

Security &
Controls Count

On 2/23/08, the out-counts for visitation and kitchen
were not received till 4:25 p.m., count began at 4:30
p.m.

Wardens response dated 2/23/08. Concurs. The out-counts did
arrive at the count room late. The Chief and AW will routinely
monitor this area to ensure the policy is followed.

NIN

Central Control called for the 4:30 p.m. count to be a
sit/stand count. I conducted an i.d. count after the
officer. Inmate in KC 214 and inmate in KC 110 were
both covered with a blanket and did not wake up for
count.

Wardens response dated 2/23/08. Concurs. The 4:30 pm count is
a sitting and standing count and staff are expected to hold inmates
accountable for complying with the count procedure. I have issued Monitors Note: 3/31/08: CM will
continue to monitor this item.
a directive to Unit Management staff, the Chiefs and the AW's to
monitor this count frequently to ensure that all staff are conducting
count as expected and as directed.

2/26/08

Yes

Security &
Controls Count

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

TDOC MANAGEMENT COMMENTS/NOTES

Corrective Action Verified:
3/31/08: No reoccurrence for this
item.

3/17/08 CMD note: Although this is an Essential item,
no breach notification is being issued at this time.
Disciplinary action was taken with the staff involved,
and there were no recurrences of the issue in the 6
weeks after noted. Any subsequent instances of this
will result in assessment of liquidated damages.

4/17/08 CMD note: Breach notification sent via email 4/17, with hard copy to follow. 3/17/08 CMD
note: Breach notification pending.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR MARCH 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

3/10/08

Monitoring
Instrument

Staffing

ITEM
NON-COMPLIANCE ISSUE
NO.

11a

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Warden's response dated 3/19/08: While facility concurs that this
position was not filled within the 30 day time frame, we submit that
due diligence was performed attempting to fill within the
designated time frame and further that overtime was utilized to
maintain coverage of posts throughout this period. There was an
SCO position #118162 was vacated 1/29/08 and not
unusual occurrence of 4 SCO vacancies occurring very closely
filled until 3/2/08 a total of 34 days. Security positions
together. Only 6 applicants applied for those positions and of those
are to be filled within 30 days per contract
4 either did not have the requisite 6 months experience or were
requirements.
completely unsuitable for a supervisory position. The remaining
vacancies were reposted and the remaining vacancies filled from
that selection of applicants. It is also noted that the last occasion
WCFA failed to fill a security position within the 30 day limit was
June 2004: a period of nearly 4 years.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Page 4
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR APRIL 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/19/07

Yes

9/19/07

Yes

11/8/07

Yes

12/7/07

Yes

12/11/07

Yes

Monitoring
Instrument

Use of Force

Security and
Control Counts

Security and
Control Security
Equipment

Use of Force

ITEM
NON-COMPLIANCE ISSUE
NO.

Page 1
CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES
2/8/08 CMD note: Letter of concern issued 2/5/08.
11/21/07 CMD note: In both cases cited in the NCR,
the log entry for the issuance of the chemical agents
was incorrectly completed: neither indicated that the
issuance was approved by an authorized supervisor.
Complete and accurate documentation of issuance of
chemical agents and other security devices is a valid
contractual concern.

Corrective Action Verified:
5/6/08: No further finding of
Warden's response September 24, 2007: Warden does not
On 7-1-07, a MK 9 fogger was issued to the Assistant
noncompliance. Monitors Note:
concur. TDOC approved facility policy specifies that use of OC
Shift Supervisor. On 8-21-07, a MK 9 fogger was
must be approved by Shift supervisor or higher authority. It does 03/31/08: CM will continue to
issued to a Correctional Officer. Per CCA approved
not state that OC cannot be issued to other staff. He notes in both monitor due to findings this
policy neither of these positions are authorized.
incidents the supervisor sent personnel to pick up the OC.
month. ****Repeat finding 12/7/07
below.

Warden's response September 24, 2007: The facility concurs that
On 7-22-07, at 7:20 p.m. a MK 9 fogger was used in a
the staff in central control failed to log the issuance of OC in this
Use of Force incident. There is no record of a MK9
instance as required. Corrective steps have been taken to
fogger being issued by Central Control.
address their failure.

Corrective Action Verified:
5/6/08: No further finding of
Wardens response dated 11/15/07: A directive has been given to noncompliance. Monitors Note:
facility employees that in no circumstance are inmates to be
3/31/08: I will continue to monitor
moved without count room approval. The employee who initiated this item due to a similar problem
The count room was not notified that 2 inmates had
these moves was identified and corrective action has been taken. arising this month. Monitors
changed cells. This apparently meant that these
Unit Managers and other supervisory staff are conducting
Note: On 12/19/07 went to the
inmates were not properly accounted for on TOMIS or
meetings with line staff to ensure all staff know not to move
unit to verify that the problem had
the count room locator board, and had gone through
inmates unless approved by the count room. This has also been
been fixed. An inmate, according
counts uncorrected.
added to the Warden's agenda for the upcoming staff recall
to LIMC/count room was
meetings on November 27th that all employees are expected to
assigned to IA202, but he was
attend.
living in IA103. Therefore I will
continue to monitor compliance
on this item.

NIN

Corrective Action Verified:
5/6/08: No further finding of
On 11-6-07, 11/12/07, and 11/27/07 the concave
Wardens response dated 12/7/07. Supervisors have been given
noncompliance. Monitors Note:
shield was used but no record of it being checked out clear directives that they will be held accountable for ensuring the
3/31/08: CM will continue to
in the armory.
items are signed out and back in when used.
monitor this item due to findings
this month.

Corrective Action Verified:
5/6/08: No further finding of
noncompliance. Monitors Note:
3/31/08: CM will continue to
monitor this item due to findings
on 3/11/08.

On 11/30/07, six (6) cans of MK9 were issued to a
correctional officer with no authorizing supervisor's
signature. Repeat finding - NCR dated 9/19/07.

Same as above.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Corrective Action Verified:
5/6/08: No further finding of
noncompliance. Monitors Note:
3/31/08: CM will continue to
monitor this item. Repeat
finding 12/7/07 below.

2/8/08 CMD note: Letter of concern issued 2/5/08.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR APRIL 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

12/11/07

1/15/08

2/26/08

Yes

Monitoring
Instrument

Use of Force

Security and
Control Security
Equipment

Staffing

Security &
Controls Count

Page 2
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

Corrective Action Verified:
5/6/08: No further finding of
noncompliance. Monitors Note:
3/31/08: CM will continue to
monitor this item due to findings
this month.

2/8/08 and 1/31/08 CMD note: Same as above.

NIN

Corrective Action Verified:
5/6/08: No further finding of
noncompliance. Monitors Note:
3/31/08: CM will continue to
monitor this item due to findings
this month.

2/8/08 and 1/31/08 CMD note: Same as above.

On 1/14/08, TOMIS incident #728106, the concave
shield and the Nova Stun Shield were present at the
incident, however there was no record of the Stun
Shield being activated. Upon checking the armory
equipment issuance log, there was no record of either
the concave shield or the Stun Shield being properly
checked out. The armory log reflected the captain
entered the armory at 8:20 pm and exited 22:10 with
the reason listed as "shield".

Corrective Action Verified:
5/6/08: No further finding of
noncompliance. Monitors Note:
3/31/08: CM will continue to
monitor this item due to findings
this month.

Corrective Action Verified:
5/6/08: No further finding of
noncompliance. Monitors Note:
3/31/08: CM will continue to
monitor this item.

Wardens response dated 2/23/08. Concurs. The 4:30 pm count is
a sitting and standing count and staff are expected to hold inmates
accountable for complying with the count procedure. I have issued
a directive to Unit Management staff, the Chiefs and the AW's to
monitor this count frequently to ensure that all staff are conducting
count as expected and as directed.

Corrective Action Verified:
5/6/08: No further finding of
noncompliance. Monitors Note:
3/31/08: CM will continue to
monitor this item.

ITEM
NON-COMPLIANCE ISSUE
NO.

NIN

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

4/17/08 CMD note: Breach notification sent via e-mail
4/17, with hard copy to follow. 3/17/08 CMD note:
Breach notification pending.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR APRIL 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

3/10/08

4/10/08

Monitoring
Instrument

Staffing

PREA

ITEM
NON-COMPLIANCE ISSUE
NO.

11a

Page 3
CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Two (2) out of twenty (20) checked did not have the
predictor scales showing they were screened fro
PREA.

Warden's response dated 4/29/08: WCFA agrees with the noncompliance item. The Case Manager did complete the two (2)
predicator scales in question, however, she did not ensure
placement into the institutional file as required by policy. Training
has been conducted with all unit teams to ensure that all Case
Managers are in compliance with this requirement. Additionally,
both predictor scales have been placed in the IIR.

Seven (7) out of thirty-seven (37) inmates identified
as predators did not have the required quarterly
contact not on TOMIS: LCDG.

Warden's response dated 4/29/08: The facility concurs with the
NCR. The department heads responsible for monitoring this
process failed to ensure that their employees completed the
required quarterly contact notes on LCDG. The department heads
were held accountable for the subpar performance of their staff in
this area and lack of follow-up on their part. They were advised of
the expectation that they are to review and monitor their
employees and hold them accountable when the policy is not
followed.

Warden's response dated 4/29/08: WCFA acknowledges and
agrees with the NCR. This information has been a training tool for
all staff since the requirements are outlined in Policy 502.06 and
not also included in the reclassification policy. Additionally, a
request has been submitted to TDOC during the policy review
Thirty-seven (37) out of thirty-seven (37) did not have
process requesting the requirement to be included in the
the results of predator status review entered on LCLN
reclassification process. Training has been conducted with all U/M
during annual reclassification process.
Teams regarding classification and PREA issues. Furthermore, an
additional off site training will be conducted on May 30, 2008 for all
U/M Teams regarding classification, PREA, and other items. The
U/M and CCC will monitor/audit this area on a weekly basis to
ensure future compliance.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Corrective Action Verified:
5/6/08: All positions have been
filled within the required
timeframe.

TDOC MANAGEMENT COMMENTS/NOTES

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR MAY 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

2/26/08

4/10/08

Yes

Monitoring
Instrument

Staffing

PREA

ITEM
NON-COMPLIANCE ISSUE
NO.

Page 1
CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Cure Verified: 5/30/08.
Monitoring of this item indicated
no further problems as of this
4/17/08 CMD note: Breach notification sent via e-mail
date. Corrective Action Verified:
4/17, with hard copy to follow. 3/17/08 CMD note:
5/6/08: No further finding of
Breach notification pending.
noncompliance. Monitors Note:
3/31/08: CM will continue to
monitor this item.

Two (2) out of twenty (20) checked did not have the
predictor scales showing they were screened for
PREA.

Corrective Action Verified: May
30, 2008. Predictor scales are
now in the institutional files.

Seven (7) out of thirty-seven (37) inmates identified
as predators did not have the required quarterly
contact not on TOMIS: LCDG.

Corrective Action Verified: May
30, 2008. The seven (7) inmates
now have a quarterly contact
note.

Corrective Action Verified: May
30, 2008. All predators that have
had an annual reclass since this
finding had comments regarding
predator status.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

TDOC MANAGEMENT COMMENTS/NOTES

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR MAY 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

5/30/08

Page 2

Monitoring
Instrument

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Drug Testing
& Substance
Abuse
Treatment

Warden's response received 6/6/08: The facility agrees with the
finding and both treatment plans are now completed. During the
month of May, the Addictions Treatment Unit implemented a major
procedural change in the method of assigning inmates to
Checked twenty (20) files, two (2) did not have a
counselors which simplified the completion and tracking of the
treatment plan. Inmate R. Cotey #430066 and inmate
required documentation. Prior to this, from admission to
8d (1) C. Gaines #322857 both entered the program on
completion, an inmate was assigned to four separate counselors
3/27/08. Policy requires that treatment plan be done
and each counselor was required to compete a portion of the
within a thirty (30) day timeframe.
program documentation which created much confusion. in addition
to this change, the ATU Manager will continue to audit the files and
monitor the tracking sheets that have been put into place to ensure
all requirements are completed.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR JUNE 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

5/30/08

6/23/08

Yes

Page 1

Monitoring
Instrument

ITEM
NON-COMPLIANCE ISSUE
NO.

Drug Testing
& Substance
Abuse
Treatment

Warden's response received 6/6/08: The facility agrees with the
finding and both treatment plans are now completed. During the
month of May, the Addictions Treatment Unit implemented a major
procedural change in the method of assigning inmates to
counselors which simplified the completion and tracking of the
Checked twenty (20) files, two (2) did not have a
required documentation. Prior to this, from admission to
8d (1) treatment plan. Policy requires that treatment plan be
completion, an inmate was assigned to four separate counselors
done within a thirty (30) day timeframe.
and each counselor was required to compete a portion of the
program documentation which created much confusion. in addition
to this change, the ATU Manager will continue to audit the files and
monitor the tracking sheets that have been put into place to ensure
all requirements are completed.

Use of Force

Warden's response received 6/24/08: The Warden concurs there
was a failure to communicate within the proscribed time frame. As
the Use of Force occurred during the evening meal and the shift
On 6/15/08, at 6:09 p.m., TOMIS incident #747923
supervisor was managing the chow hall process of feeding he
chemical agents were used. Notification was not
failed to call or have someone call in a timely manner. This has
made to CD till 7:45 p.m. TDOC policy 506.07
been addressed and supervisors directed to use the assigned
requires notification within one (1) hour of occurrence.
Captain's cell phone if necessary immediately upon notification of
Essential item.
a use of force. In some instances such as this one, they may need
to make a preliminary notification then subsequently made a followup call if needed after the meal ends.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

7/21/08 CMD note. As an ESSENTIAL item, this
item is subject to a Breach notification when found
in non-compliance. This notification is pending.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR JULY 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

2/26/08

5/30/08

6/23/08

7/7/080

7/7/08

Yes

Monitoring
Instrument

Staffing

Drug Testing
& Substance
Abuse
Treatment

ITEM
NON-COMPLIANCE ISSUE
NO.

Page 1
CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

Warden's response received 6/6/08: The facility agrees with the
finding and both treatment plans are now completed. During the
month of May, the Addictions Treatment Unit implemented a major
procedural change in the method of assigning inmates to
Corrective Action
Checked twenty (20) files, two (2) did not have a
counselors which simplified the completion and tracking of the
Verified:8/5/08: I checked five (5)
treatment plan. Both inmates entered the program on required documentation. Prior to this, from admission to
8d (1)
files, in addition to the two (2) in
3/27/08. Policy requires that treatment plan be done completion, an inmate was assigned to four separate counselors
noncompliance. No further
within a thirty (30) day timeframe.
and each counselor was required to compete a portion of the
finding of noncompliance.
program documentation which created much confusion. in addition
to this change, the ATU Manager will continue to audit the files and
monitor the tracking sheets that have been put into place to ensure
all requirements are completed.

Warden's response received 6/24/08: The Warden concurs there
was a failure to communicate within the proscribed timeframe. As
the Use of Force occurred during the evening meal and the shift
On 6/15/08, at 6:09 p.m., TOMIS incident #747923
supervisor was managing the chow hall process of feeding he
chemical agents were used. Notification was not
failed to call or have someone call in a timely manner. This has
made to CD till 7:45 p.m. TDOC policy 506.07
been addressed and supervisors directed to use the assigned
requires notification within one (1) hour of occurrence. Captain's cell phone if necessary immediately upon notification of
a use of force. In some instances such as this one, they may need
to make a preliminary notification then subsequently make a followup if needed after the meal ends.

Use of Force

Security and
Control 12a (1) Redacted
Security
Equipment

Security and
Control Counts

On 7/7/08, while monitoring count on H (ABC) unit,
only one (1) officer conducted the count. Essential
item.

Warden's response received 7/8/08: The facility concurs with
Contract Monitor's non-compliant finding. Policy and procedures
are in place however, staff did not follow in this instance. All staff
involved have been counseled and/or received disciplinary action
to ensure future compliance.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

8/26/08 CMD note: As an ESSENTIAL instrument
item, this is subject to notification of Breach of
Contract. Due to the frequency of count-related
issues, that notification is pending.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR JULY 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

7/14/08

7/30/08

Monitoring
Instrument

Staffing

Drug Testing
& Substance
Abuse
Treatment

Security and
Control Counts

ITEM
NON-COMPLIANCE ISSUE
NO.

Page 2
CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

Warden's response received 7/16/08: The Warden agrees that
Whiteville Correctional Facility failed to comply with TDOC Policy
506.07.2, amendment 07-16. Please note that the required
training had been scheduled however, not within the compliance
date. Practices have been reviewed and scheduling procedures
addressed to ensure that no future violation may occur.

14c

Four (4) of the SORT members did not receive the
required quarterly training for April, May, June 2008.

Warden's response received 8/1/08: The facility does not concur in
this NC finding. AW Perry conducted a thorough investigation of
the drug screen procedures as it pertains to incident #750932. His
findings were that no procedures were compromised by C/O
Jackson. All disciplinary and tests were completed by Mr. Jackson
An inmate was charged with a disciplinary for a
and properly turned in for processing and a disciplinary was
positive drug screen, however, the disciplinary report initiated by Officer Jackson. While the investigation is on-going at
was never processed by the disciplinary hearing
this point it does appear that at some point between the initiation of
the DR by the U/A officer and the disciplinary reaching the D-board
officer, and no hearing was held. Essential Item.
for hearing that it disappeared. The investigation into how the
disciplinary disappeared and who is responsible is continuing, but
the Drug testing policy in this case was conducted in accordance
with the policy. We respectively ask that this NCR be removed as
a result of the preliminary findings of this investigation.

8/26/08 CMD note: The issue of who was
responsible for mishandling the disciplinary report
is not at issue. The fact remains that an inmate
with a positive drug test did not receive a
disciplinary hearing. The non-compliance report is
valid and will stand. As an ESSENTIAL instrument
item, this is subject to notification of Breach of
Contract. The determination of whether to issue
such notification is pending. A follow-up response
by the Warden, indicating the final results of the
investigation, and corrective action, will be
considered in making this decision.

Warden's response received 8/1/08: Prior to this NCR facility
management had already taken steps to improve the count
process. The Warden agrees that the count function is of highest
priority and has personally reviewed count processes with the
Assistant Warden and Chiefs, and the Unit Managers. The entire
management team is focusing on count with monitoring of daily
On 7/29/08, WCF was unable to clear the 10:30 a.m. counts being conducted by all management team staff to include
count. This resulted in an emergency count being
out counts, housing unit counts and the count room process. We
done with it not clearing until 12:47 p.m. Essential
are identifying where specific employees may have become lax in
this process and will take corrective measures where appropriate
item.
and retraining where appropriate. No facility can expect that every
employee, at every count will always be perfect, and some errors
will occur in the best situations from time to time. While it is not
disputed that errors were made in the referenced count; it is
important to remember that the process did catch the error and the
count was not cleared until rectified as is the ultimate goal.

8/26/08 CMD note: As an ESSENTIAL instrument
item, this is subject to notification of Breach of
Contract. The CMD was present for a discussion of
this incident, which appears to have caused, in
part, by an inexperienced staff member in the
count room. The Associate Warden's explanation
of the problem and corrective action plan is
acceptable, and no Breach notification will be
issued.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR AUGUST 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

6/23/08

7/7/080

7/7/08

7/14/08

7/30/08

Monitoring
Instrument

ITEM
NON-COMPLIANCE ISSUE
NO.

Warden's response received 6/24/08: The Warden concurs there
was a failure to communicate within the proscribed timeframe. As
the Use of Force occurred during the evening meal and the shift
On 6/15/08, at 6:09 p.m., TOMIS incident #747923
supervisor was managing the chow hall process of feeding he
chemical agents were used. Notification was not
failed to call or have someone call in a timely manner. This has
made to CD till 7:45 p.m. TDOC policy 506.07
been addressed and supervisors directed to use the assigned
requires notification within one (1) hour of occurrence. Captain's cell phone if necessary immediately upon notification of
a use of force. In some instances such as this one, they may need
to make a preliminary notification then subsequently make a followup if needed after the meal ends.

Yes

Use of Force

Yes

Security and
Control 12a (1) Redacted
Security
Equipment

Yes

Security and
Control Counts

Yes

Staffing

Drug Testing
& Substance
Abuse
Treatment

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

On 7/7/08, while monitoring count on H (ABC) unit,
only one (1) officer conducted the count. Essential
item.

14c

Four (4) of the SORT members did not receive the
required quarterly training for April, May, June 2008.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Page 1
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

9/9/08 CMD note: Breach notification issued
7/31/08. 7/21/08 CMD note. As an ESSENTIAL item,
this item is subject to a Breach notification when found
in non-compliance. This notification is pending.

9/9/08 CMD note: Breach notification issued 9/3/08.
8/26/08 CMD note: As an ESSENTIAL instrument
item, this is subject to notification of Breach of
Contract. Due to the frequency of count-related issues,
that notification is pending.

8/26/08 CMD note: The issue of who was responsible
for mishandling the disciplinary report is not at issue.
The fact remains that an inmate with a positive drug
test did not receive a disciplinary hearing. The noncompliance report is valid and will stand. As an
ESSENTIAL instrument item, this is subject to
notification of Breach of Contract. The determination of
whether to issue such notification is pending. A followup response by the Warden, indicating the final results
of the investigation, and corrective action, will be
considered in making this decision.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR AUGUST 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

7/30/08

Yes

Monitoring
Instrument

Security and
Control Counts

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Page 2
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

8/26/08 CMD note: As an ESSENTIAL instrument
item, this is subject to notification of Breach of
Contract. The CMD was present for a discussion of
this incident, which appears to have caused, in part, by
an inexperienced staff member in the count room. The
Associate Warden's explanation of the problem and
corrective action plan is acceptable, and no Breach
notification will be issued.

WCF SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR SEPTEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

6/23/08

7/7/080

7/7/08

7/14/08

Monitoring
Instrument

ITEM
NON-COMPLIANCE ISSUE
NO.

Use of Force

Yes

Security and
Control 12a (1) Redacted
Security
Equipment

Yes

Security and
Control Counts

Staffing

14c

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Warden's response received 6/24/08: The Warden concurs there
was a failure to communicate within the proscribed timeframe. As
the Use of Force occurred during the evening meal and the shift
On 6/15/08, at 6:09 p.m., TOMIS incident #747923
supervisor was managing the chow hall process of feeding he
Corrective Action Verified:
chemical agents were used. Notification was not
failed to call or have someone call in a timely manner. This has
9/28/08. No further finding of
made to CD till 7:45 p.m. TDOC policy 506.07
been addressed and supervisors directed to use the assigned
noncompliance.
requires notification within one (1) hour of occurrence. Captain's cell phone if necessary immediately upon notification of
a use of force. In some instances such as this one, they may need
to make a preliminary notification then subsequently make a followup if needed after the meal ends.

Yes

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Page 1

On 7/7/08, while monitoring count on H (ABC) unit,
only one (1) officer conducted the count. Essential
item.

Four (4) of the SORT members did not receive the
required quarterly training for April, May, June 2008.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Corrective Action Verified:
9/28/08. No further finding of
noncompliance.

TDOC MANAGEMENT COMMENTS/NOTES

9/9/08 CMD note: Breach notification issued 7/31/08.
7/21/08 CMD note. As an ESSENTIAL item, this item
is subject to a Breach notification when found in noncompliance. This notification is pending.

WCF SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR SEPTEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

7/30/08

Yes

Monitoring
Instrument

Drug Testing
& Substance
Abuse
Treatment

Security and
Control Counts

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Page 2
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

On 7/7/08, i/c #750932, inmate Burl #315577 and
Collins #393206 were charged with positive drug
screen. Inmate Collins was processed correctly.
Inmate Burl's disciplinary report was never received
by disciplinary chairperson. No hearing was held.

Warden's response received 8/1/08: The facility does not concur in
this NC finding. AW Perry conducted a thorough investigation of
the drug screen procedures as it pertains to incident #750932. His
findings were that no procedures were compromised by C/O
Jackson. All disciplinary and tests were completed by Mr. Jackson
and properly turned in for processing and a disciplinary was
initiated by Officer Jackson. While the investigation is on-going at
this point it does appear that at some point between the initiation of
the DR by the U/A officer and the disciplinary reaching the D-board
for hearing that it disappeared. The investigation into how the
disciplinary disappeared and who is responsible is continuing, but
the Drug testing policy in this case was conducted in accordance
with the policy. We respectively ask that this NCR be removed as
a result of the preliminary findings of this investigation. F/U
investigation : 9/17/08. WCF has made procedural changes to
enhance the disciplinary process and ensure accountability and
the integrity of the process. Also some staffing changes have been

8/26/08 CMD note: The issue of who was responsible
for mishandling the disciplinary report is not at issue.
The fact remains that an inmate with a positive drug
test did not receive a disciplinary hearing. The noncompliance report is valid and will stand. As an
ESSENTIAL instrument item, this is subject to
notification of Breach of Contract. The determination of
whether to issue such notification is pending. A followup response by the Warden, indicating the final results
of the investigation, and corrective action, will be
considered in making this decision.

8/26/08 CMD note: As an ESSENTIAL instrument
item, this is subject to notification of Breach of
Contract. The CMD was present for a discussion of
this incident, which appears to have caused, in part, by
an inexperienced staff member in the count room. The
Associate Warden's explanation of the problem and
corrective action plan is acceptable, and no Breach
notification will be issued.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

WCF SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR SEPTEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/2/08

Monitoring
Instrument

Security
Management
Inmates

Special
Management
Inmates

Use of Force

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Warden's response received 9/4/08: On 8/27/08, inmate Barnhill's
#433067 punitive segregation status (RCA) was exhausted. He
refused a new housing assignment. The steps to properly reInmate Barnhill #433067 was scheduled to finish his segregate him were not taken by the segregation staff, therefore
punitive time at 1:30 p.m. on 8/27/08. He was not
the CD was not notified by the SS on duty. Employees were found
released from segregation, nor was he placed on
to be negligent and are being held accountable. On 9/1/08, at 1:25
pending status. Approval was not obtained from CD p.m. inmate Piercy #363223 completed his pending hearing status
for him to remain in segregation. He was also not
and was being released to K unit. He refused to go to K unit. He
issued a disciplinary.
was placed back into a cell for holding and the Captain was
Inmate William Piercy #363223 was scheduled to be notified. He contacted the CD and received authorization to rereleased from segregation at 1:25 p.m. on 9/1/08.
segregate him on RCA. He remained in segregation with no active
According to LIMC, he did not leave till 8:50 p.m. CM LIBD initiated. 2nd shift captain released the inmate due to his
checked the segregation logbook and it reflected he LIBD had expired. Due to the failure to communicate between 1st
did to leave till 2100. This was in excess of seven (7) & 2nd shifts, the captain was not aware of a disc. pending for RCA.
hours past his scheduled release time.
I/M agreed to go to population with another unit assignment and
was released. At no point, was the inmate held without CD
authorization but with better communication he could have been
released to pop. earlier.

NIN

On 8/26/08, CM requested to view PELCO camera
system to ensure the administrative segregation
inmates were being allowed recreation. The inmates
received their recreation. However in the course of
viewing PELCO, the following was observed: I/M
Scales #368349 (medium custody) had been brought
in the seg. unit for pending board status. He had not
been placed in his cell, when i/m McGee #298224,
(administrative segregation custody) inmate was
escorted from the shower to segregation cell 107 by
one (1) officer.

NIN

Warden's response received 9/4/08: The MK-9 fogger in question
was issued to a captain. The captain turned the MK-9 into Central
On 8/26/08, the issuance log, in central control,
Control at 4:30 p.m. Second shift staff did not properly record the
showed a MK-9 being issued @ 8:30 a.m., the MK-9
fogger being turned in. Third shift captain failed to follow proper
was in the cabinet, however the issuance log did not
procedures during her third shift equipment check. Proper training
show it had been returned.
with second shift staff was completed by ACOS. A letter of concern
was issued to 3rd shift captain.

Warden's response received 9/4/08: On 8/26/08, staff failed to
follow procedure in escorting i/m McGee #298224. Staff have been
properly trained with specialized segregation training. Seg.
Supervisor was present but failed to monitor staff. All staff
concerned will receive personnel actions for this failure to comply
with procedures.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Page 3
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

WCF SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR SEPTEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/9/08

Monitoring
Instrument

Security and
control Counts

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Warden's response received 9/15/08: It was determined that the 2
referenced inmates did in fact leave the property/intake area and
On 9-8-08, WCF was unable to clear the 4:30 p.m.
went back to the units/cells they had been assigned to before they
count. An emergency count was done at 6:00 p.m.
went to court. The property room supervisor admits she was busy
with it clearing at 6:30 p.m. Inmate George E. Harris
and forgot to contact the count room and the CR officer that the
#366524 and Mark D. Cole 3156495 was returned by
two inmates had returned. As a result of this incident, the facility
Gibson count sheriff's department at 12:47 p.m.
has implemented another step to ensure there is not a
according to the sally port logbook. Both inmates
reoccurrence. Upon the arrival of any inmate(s) to the vehicle gate,
were returned to the housing unit without the count
the vehicle gate officer will notify the count room and the shift
room being notified. Essential Item.
supervisor in addition to the property room staff making the second
notification.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Page 4
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

11/10/08 CMD note: Letter of Concern e-mailed.
10/31/08 CMD note: This is an essential item. The
same item was found in non-compliance in the
previous monitoring period. A notification of
Breach was considered, however, since the
problem was not in the count room, and the
problem was discovered and corrected, as stated
by the Warden, a Breach notification is being
withheld. A notice of concern will be issued
concerning count issues.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR OCTOBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

7/14/08

7/30/08

Yes

Monitoring
Instrument

Staffing

Drug Testing
& Substance
Abuse
Treatment

Security and
Control Counts

ITEM
NON-COMPLIANCE ISSUE
NO.

Page 1

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Corrective Action Verified:
11/12/08: All members received
quarterly training for Jul. Aug.
Sept. 08.

14c

Four (4) of the SORT members did not receive the
required quarterly training for April, May, June 2008.

Warden's response received 8/1/08: The facility does not concur in
this NC finding. AW conducted a thorough investigation of the drug
screen procedures as it pertains to incident #750932. His findings
were that no procedures were compromised by the C/O. All
disciplinary and tests were completed by the C/O and properly
turned in for processing and a disciplinary was initiated by the
Officer. While the investigation is on-going at this point it does
On 7/7/08, i/c #750932, 2 inmates were charged with
appear that at some point between the initiation of the DR by the On 11/12/08 a NCR was issued
positive drug screen. One was processed correctly.
U/A officer and the disciplinary reaching the D-board for hearing
for a reoccurrence of similar
The other disciplinary report was never received by
that it disappeared. The investigation into how the disciplinary
issue.
disciplinary chairperson. No hearing was held.
disappeared and who is responsible is continuing, but the Drug
testing policy in this case was conducted in accordance with the
policy. We respectively ask that this NCR be removed as a result
of the preliminary findings of this investigation. F/U investigation :
9/17/08. WCF has made procedural changes to enhance the
disciplinary process and ensure accountability and the integrity of
the process. Also some staffing changes have been made.

On 7/29/08, WCFA was unable to clear the 10:30
a.m. count. This resulted in an emergency count
being done with it not clearing until 12:47 p.m.
Essential item.

Warden's response received 8/1/08: Prior to this NCR facility
management had already taken steps to improve the count
process. The Warden agrees that the count function is of highest
priority and has personally reviewed count processes with the
Assistant Warden and Chiefs, and the Unit Managers. The entire
management team is focusing on count with monitoring of daily
counts being conducted by all management team staff to include
Per letter of concern dated
out counts, housing unit counts and the count room process. We
November 10, 2008, CM will
are identifying where specific employees may have become lax in
continue to monitor this item.
this process and will take corrective measures where appropriate
and retraining where appropriate. No facility can expect that every
employee, at every count will always be perfect, and some errors
will occur in the best situations from time to time. While it is not
disputed that errors were made in the referenced count; it is
important to remember that the process did catch the error and the
count was not cleared until rectified as is the ultimate goal.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

TDOC MANAGEMENT COMMENTS/NOTES

8/26/08 CMD note: The issue of who was responsible
for mishandling the disciplinary report is not at issue.
The fact remains that an inmate with a positive drug
test did not receive a disciplinary hearing. The noncompliance report is valid and will stand. As an
ESSENTIAL instrument item, this is subject to
notification of Breach of Contract. The determination of
whether to issue such notification is pending. A followup response by the Warden, indicating the final results
of the investigation, and corrective action, will be
considered in making this decision.

8/26/08 CMD note: As an ESSENTIAL instrument
item, this is subject to notification of Breach of
Contract. The CMD was present for a discussion of
this incident, which appears to have caused, in part, by
an inexperienced staff member in the count room. The
Associate Warden's explanation of the problem and
corrective action plan is acceptable, and no Breach
notification will be issued.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR OCTOBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/2/08

Yes

Monitoring
Instrument

Security
Management
Inmates

Special
Management
Inmates

Use of Force

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Page 2
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Warden's response received 9/4/08: On 8/27/08, the first inmate's
punitive segregation status (RCA) was exhausted. He refused a
new housing assignment. The steps to properly re-segregate him
An inmate was scheduled to finish his punitive time at were not taken by the segregation staff, therefore the CD was not
1:30 p.m. on 8/27/08. He was not released from
notified by the SS on duty. Employees were found to be negligent
segregation, nor was he placed on pending status.
and are being held accountable. On 9/1/08, at 1:25 p.m. the other
Approval was not obtained from CD for him to remain inmate completed his pending hearing status and was being
in segregation. He was also not issued a disciplinary. released to K unit. He refused to go to K unit. He was placed back Corrective Action Verified:
Another inmate was scheduled to be released from
into a cell for holding and the Captain was notified. He contacted 11/12/08 No further finding of nonsegregation at 1:25 p.m. on 9/1/08. According to
the CD and received authorization to re-segregate him on RCA. He compliance.
LIMC, he did not leave till 8:50 p.m. CM checked the remained in segregation with no active LIBD initiated. 2nd shift
segregation logbook and it reflected he did to leave till captain released the inmate due to his LIBD had expired. Due to
2100. This was in excess of seven (7) hours past his the failure to communicate between 1st & 2nd shifts, the captain
was not aware of a disc. pending for RCA. I/M agreed to go to
scheduled release time.
population with another unit assignment and was released. At no
point, was the inmate held without CD authorization but with better
communication he could have been released to pop. earlier.

NIN

On 8/26/08, CM requested to view PELCO camera
system to ensure the administrative segregation
inmates were being allowed recreation. The inmates
received their recreation. However in the course of
viewing PELCO, the following was observed: an
inmate (medium custody) had been brought in the
seg. unit for pending board status. He had not been
placed in his cell, when i/m another inmate
(administrative segregation custody) inmate was
escorted from the shower to segregation cell 107 by
one (1) officer.

NIN

Warden's response received 9/4/08: The MK-9 fogger in question
was issued to a captain. The captain turned the MK-9 into Central
On 8/26/08, the issuance log, in central control,
Control at 4:30 p.m. Second shift staff did not properly record the Corrective Action Verified:
showed a MK-9 being issued @ 8:30 a.m., the MK-9
fogger being turned in. Third shift captain failed to follow proper
11/12/08 No further finding of nonwas in the cabinet, however the issuance log did not
procedures during her third shift equipment check. Proper training compliance.
show it had been returned.
with second shift staff was completed by ACOS. A letter of concern
was issued to 3rd shift captain.

Warden's response received 9/4/08: On 8/26/08, staff failed to
follow procedure in escorting the A/S inmate. Staff have been
properly trained with specialized segregation training. Seg.
Supervisor was present but failed to monitor staff. All staff
concerned will receive personnel actions for this failure to comply
with procedures.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Corrective Action Verified:
11/12/08 No further finding of noncompliance.

TDOC MANAGEMENT COMMENTS/NOTES

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR OCTOBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/9/08

Yes

10/15/08

10/16/08

Monitoring
Instrument

Security and
control Counts

Inmate
Identification

Disciplinary
Procedures

ITEM
NON-COMPLIANCE ISSUE
NO.

1 &2

On 9-8-08, WCFA was unable to clear the 4:30 p.m.
count. An emergency count was done at 6:00 p.m.
with it clearing at 6:30 p.m. 2 inmates were returned
by Gibson count sheriff's department at 12:47 p.m.
according to the sally port logbook. Both inmates
were returned to the housing unit without the count
room being notified. Essential Item.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Warden's response received 9/15/08: It was determined that the 2
referenced inmates did in fact leave the property/intake area and
went back to the units/cells they had been assigned to before they
went to court. The property room supervisor admits she was busy
and forgot to contact the count room and the CR officer that the
Per letter of concern dated
two inmates had returned. As a result of this incident, the facility
November 10, 2008, CM will
has implemented another step to ensure there is not a
continue to monitor this item.
reoccurrence. Upon the arrival of any inmate(s) to the vehicle gate,
the vehicle gate officer will notify the count room and the shift
supervisor in addition to the property room staff making the second
notification.

Warden's response received 10/20/08: WCFA concurs. An
immediate plan of action has been completed. The STG
Of the twenty-five (25) annual reclassification that
coordinator will verify that all inmates on the annual reclass list
indicated a new photograph was needed, nine (9) had dated back to January have received an updated photo. STG
not been updated. Eighteen (18) did not have the
coordinator will print these out to be placed in the IIR. The
updated photographs placed in the Volume I and II of classification supervisor will continue to send out the spreadsheet
the inmate record.
to the STG coordinator and records supervisor. The records
supervisor will be responsible to ensure a tickler file has been
established to monitor those inmates in need of updated photo.
An inmate was placed in segregation on 10/14/08
pending disciplinary hearing; however he was not
issued a disciplinary report according to LIBL.
Another inmate was placed back in segregation on
10/13/08 pending disciplinary hearing; however he
was not issued a disciplinary report according to
LIBL.

Page 3

Warden's response received 10/20/08: WCFA concurs. The final
check of these packets is with the shift supervisors, there are step
by step instructions attached to each packet. Staff responsible will
be held accountable. Chief Scott and ACOS Rice will monitor this
process for the next few weeks to help train staff.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

TDOC MANAGEMENT COMMENTS/NOTES

11/10/08 CMD note: Letter of Concern e-mailed.
10/31/08 CMD note: This is an essential item. The
same item was found in non-compliance in the
previous monitoring period. A notification of Breach
was considered, however, since the problem was not
in the count room, and the problem was discovered
and corrected, as stated by the Warden, a Breach
notification is being withheld. A notice of concern will
be issued concerning count issues.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR NOVEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

7/30/08

Yes

Monitoring
Instrument

Drug Testing
& Substance
Abuse
Treatment

Security and
Control Counts

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Page 1
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Warden's response received 8/1/08: The facility does not concur in
this NC finding. AW conducted a thorough investigation of the drug
screen procedures as it pertains to incident #750932. His findings
were that no procedures were compromised by the C/O. All
disciplinary and tests were completed by the C/O and properly
turned in for processing and a disciplinary was initiated by the
On 7/7/08, i/c #750932, two inmates were charged
Officer. While the investigation is on-going at this point it does
with positive drug screen. One was processed
appear that at some point between the initiation of the DR by the On 11/12/08 a NCR was issued
correctly. The other disciplinary report was never
U/A officer and the disciplinary reaching the D-board for hearing
for a reoccurrence of similar
received by disciplinary chairperson. No hearing was that it disappeared. The investigation into how the disciplinary
issue.
held.
disappeared and who is responsible is continuing, but the Drug
testing policy in this case was conducted in accordance with the
policy. We respectively ask that this NCR be removed as a result
of the preliminary findings of this investigation. F/U investigation :
9/17/08. WCF has made procedural changes to enhance the
disciplinary process and ensure accountability and the integrity of
the process. Also some staffing changes have been made.

On 7/29/08, WCFA was unable to clear the 10:30
a.m. count. This resulted in an emergency count
being done with it not clearing until 12:47 p.m.
Essential item.

Warden's response received 8/1/08: Prior to this NCR facility
management had already taken steps to improve the count
process. The Warden agrees that the count function is of highest
priority and has personally reviewed count processes with the
Assistant Warden and Chiefs, and the Unit Managers. The entire
management team is focusing on count with monitoring of daily
counts being conducted by all management team staff to include
Per letter of concern dated
out counts, housing unit counts and the count room process. We
November 10, 2008, CM will
are identifying where specific employees may have become lax in
continue to monitor this item.
this process and will take corrective measures where appropriate
and retraining where appropriate. No facility can expect that every
employee, at every count will always be perfect, and some errors
will occur in the best situations from time to time. While it is not
disputed that errors were made in the referenced count; it is
important to remember that the process did catch the error and the
count was not cleared until rectified as is the ultimate goal.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

TDOC MANAGEMENT COMMENTS/NOTES

8/26/08 CMD note: The issue of who was responsible
for mishandling the disciplinary report is not at issue.
The fact remains that an inmate with a positive drug
test did not receive a disciplinary hearing. The noncompliance report is valid and will stand. As an
ESSENTIAL instrument item, this is subject to
notification of Breach of Contract. The determination of
whether to issue such notification is pending. A followup response by the Warden, indicating the final results
of the investigation, and corrective action, will be
considered in making this decision.

8/26/08 CMD note: As an ESSENTIAL instrument
item, this is subject to notification of Breach of
Contract. The CMD was present for a discussion of
this incident, which appears to have caused, in part, by
an inexperienced staff member in the count room. The
Associate Warden's explanation of the problem and
corrective action plan is acceptable, and no Breach
notification will be issued.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR NOVEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/2/08

Yes

9/9/08

Yes

10/15/08

10/16/08

Yes

Monitoring
Instrument

Special
Management
Inmates

Security and
control Counts

Inmate
Identification

Disciplinary
Procedures

ITEM
NON-COMPLIANCE ISSUE
NO.

NIN

1 &2

On 8/26/08, CM requested to view PELCO camera
system to ensure the administrative segregation
inmates were being allowed recreation. The inmates
received their recreation. However in the course of
viewing PELCO, the following was observed: an
inmate (medium custody) had been brought in the
seg. unit for pending board status. He had not been
placed in his cell, when i/m another inmate
(administrative segregation custody) inmate was
escorted from the shower to segregation cell 107 by
one (1) officer.

Page 2

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

On NCR's dated 12/2/08 and
12/4/08, similar incidents
occurred regarding maximum
security inmates.

Warden's response received 9/15/08: It was determined that the 2
referenced inmates did in fact leave the property/intake area and
On 9-8-08, WCFA was unable to clear the 4:30 p.m. went back to the units/cells they had been assigned to before they
count. An emergency count was done at 6:00 p.m.
went to court. The property room supervisor admits she was busy
with it clearing at 6:30 p.m. twp inmates were
and forgot to contact the count room and the CR officer that the
Per letter of concern dated
returned by Gibson count sheriff's department at
two inmates had returned. As a result of this incident, the facility
November 10, 2008, CM will
12:47 p.m. according to the sally port logbook. Both has implemented another step to ensure there is not a
continue to monitor this item.
inmates were returned to the housing unit without the reoccurrence. Upon the arrival of any inmate(s) to the vehicle gate,
the vehicle gate officer will notify the count room and the shift
count room being notified. Essential Item.
supervisor in addition to the property room staff making the second
notification.
Warden's response received 10/20/08: WCFA concurs. An
immediate plan of action has been completed. The STG
Of the twenty-five (25) annual reclassification that
coordinator will verify that all inmates on the annual reclass list
indicated a new photograph was needed, nine (9) had dated back to January have received an updated photo. STG
not been updated. Eighteen (18) did not have the
coordinator will print these out to be placed in the IIR. The
updated photographs placed in the Volume I and II of classification supervisor will continue to send out the spreadsheet
to the STG coordinator and records supervisor. The records
the inmate record. Essential item.
supervisor will be responsible to ensure a tickler file has been
established to monitor those inmates in need of updated photo.
An inmate was placed in segregation on 10/14/08
pending disciplinary hearing; however he was not
issued a disciplinary report according to LIBL.
Another inmate was placed back in segregation on
10/13/08 pending disciplinary hearing; however he
was not issued a disciplinary report according to
LIBL. Essential item.

11/10/08 CMD note: Letter of Concern e-mailed.
10/31/08 CMD note: This is an essential item. The
same item was found in non-compliance in the
previous monitoring period. A notification of Breach
was considered, however, since the problem was not
in the count room, and the problem was discovered
and corrected, as stated by the Warden, a Breach
notification is being withheld. A notice of concern will
be issued concerning count issues.

12/29/08 CMD note: This is an essential instrument
item, and could therefore be subject to a Breach
Corrective Action Verified:
notification. The CM, however, indicates that the
12/15/08: All missing photographs
problem has been corrected by the facility. No
have been done and placed in the
Breach notification will be issued at this time,
IIR.
however, any subsequent non-compliance may
result in such action.

Warden's response received 10/20/08: WCFA concurs. The final
check of these packets is with the shift supervisors, there are step Corrective Action Verified:
by step instructions attached to each packet. Staff responsible will 12/4/08: No further finding of nonbe held accountable. Chief Scott and ACOS Rice will monitor this compliance.
process for the next few weeks to help train staff.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

TDOC MANAGEMENT COMMENTS/NOTES

12/29/08 CMD note: This is an essential instrument
item, and could therefore be subject to a Breach
notification. The CM, however, indicates that the
problem has been corrected by the facility. No
Breach notification will be issued at this time,
however, any subsequent non-compliance may
result in such action.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR NOVEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

11/6/08

11/12/08

12/2/08

12/4/08

Monitoring
Instrument

PREA

Drug Testing
and
Substance
Abuse
Treatment

Special
Management
Inmates

Page 3

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Four (4) of twenty (20) checked did not have the
predictor scales showing they were screened for
PREA.

Warden's response received 11/10/08: Case managers are to
evaluate their caseloads and identify those inmates who arrived to
WCFA before 2006. They will then look in the IIR to ensure a
predictor scale is there. If not, they will complete a PREA
assessment to include the contact note and paperwork. It will then
be forwarded to records to be filed in the IIR.

Corrective Action Verified:
12/15/08: All inmates have been
identified that have been at
WCFA prior to 2006. All inmates
had a predictor scale or it have
been done and placed in the IIR.

On 10/17/08, TOMIS incident #765290, an inmate
was charged with positive drug screen. The inmate
was never served the disciplinary, therefore no
hearing was held. Essential item.

Warden's response received 11/25/08: Drug testing officer
completed the disciplinary and took it to the count room to be
logged and entered. Once entered on TOMIS, the DR was logged
on the tracking sheet to be served. The person who picked up the
disciplinary did not sign for it and we were unable to confirm who
may have taken it. To prevent future occurrences, we have
changed steps #7and #9 of our procedures. #7. The DR will be
assigned to a staff member to be served. #9. Shift Supervisor will
check the DR log to be sure that'll all disciplinaries have been
served and properly logged.

12/29/08 CMD note: This essential item was also
found in non-compliance on 7/30/08. A Breach
notification is pending.

On 11/26/08, TOMIS incident #771014, a maximum
security inmate was allowed out of his cell
unrestrained. He then assaulted another inmate
(medium custody), who was a worker in the
segregation unit. Essential item.

Warden's response received 12/03/08: Warden agrees that the
event occurred as described. The individual employee violated
policy, post orders and training in opening the door of a maximum
custody inmate without a second employee and without first
securing the inmate with restraints. WCFA had earlier this year
completed a specialized training program conducted for staff
assigned to segregation and the employee involved in this incident
had completed this training. The employee responsible has been
terminated.

12/29/08 CMD note: This essential item was also
found in non-compliance subsequently on 12/4/08.
A Breach notification is pending for both items.

Warden's response received 12/10/08: The failure in this instance
to immediately contact the A/C was a result of communications to
the designated ADO or to the Warden not being made when the
medical determination at the hospital was known. At the time of the
incident, the injuries were not believed to be serious. The
TOMIS incident #771899 was a Class A incident and employee was adamant that he did not want outside medical
no one at the facility notified the Assistant
treatment. He was directed to go the ER as a precautionary
Commissioner or the Commissioner's Designee of the measure due to the possibility of eye damage. When the injuries
employee's injuries. Essential item.
were found to be more serious, neither the Warden or ADO were
updated. Central office staff had already contacted the C/M due to
the TOMIS entry. As a result a directive had been put out to all
supervisors and all ADO's specifying responsibilities of contacting
the A/C whenever a Class A incident occurs. The directive was
provided to C/M.

ITEM
NON-COMPLIANCE ISSUE
NO.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

TDOC MANAGEMENT COMMENTS/NOTES

12/29/08 CMD note: A Breach notification is being
withheld at this time, due to the apparent unusual
circumstances of this incident, however, such
notification may result from any future noncompliance.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR NOVEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

12/4/08

Monitoring
Instrument

Special
Management
Inmates

ITEM
NON-COMPLIANCE ISSUE
NO.

On 12/3/08, a maximum custody inmate came out of
his handcuffs and assaulted two (2) staff members,
one (1) which had a serious injury. Upon review of
PELCO camera system the following was observed:
Other inmates were in the pod while he was being
escorted from the shower; no leg restraints; at no
time did either escorting officer have a hold on the
handcuffs; one of the escorting officers walked away
from the inmate prior to him being placed in the cell.
Essential item.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Warden's response received 12/10/08: Warden concurs that the
staff assigned to segregation on this occasion were negligent in
the movement of a maximum custody inmate and failed to follow
established policy and post orders regarding leg restraints. As a
result of this incident and a previous incident, I have directed a
Shift Supervisor be assigned to segregation indefinitely, but not
less than the remainder of this year to supervise and mentor staff
assigned to segregation and ensure compliance with procedures in
place for that post.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Page 4
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

12/29/08 CMD note: This essential item was also
found in non-compliance previously on 12/2/08. A
Breach notification is pending for both items.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR DECEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

7/30/08

Yes

Monitoring
Instrument

Drug Testing
& Substance
Abuse
Treatment

Security and
Control Counts

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Page 1
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Warden's response received 8/1/08: The facility does not concur in
this NC finding. AW conducted a thorough investigation of the drug
screen procedures as it pertains to incident #750932. His findings
were that no procedures were compromised by the C/O. All
disciplinary and tests were completed by the C/O and properly
turned in for processing and a disciplinary was initiated by the
On 7/7/08, i/c #750932, two inmates were charged
Officer. While the investigation is on-going at this point it does
with positive drug screen. One was processed
appear that at some point between the initiation of the DR by the On 11/12/08 a NCR was issued
correctly. The other disciplinary report was never
U/A officer and the disciplinary reaching the D-board for hearing
for a reoccurrence of similar
received by disciplinary chairperson. No hearing was that it disappeared. The investigation into how the disciplinary
issue.
held.
disappeared and who is responsible is continuing, but the Drug
testing policy in this case was conducted in accordance with the
policy. We respectively ask that this NCR be removed as a result
of the preliminary findings of this investigation. F/U investigation :
9/17/08. WCF has made procedural changes to enhance the
disciplinary process and ensure accountability and the integrity of
the process. Also some staffing changes have been made.

On 7/29/08, WCFA was unable to clear the 10:30
a.m. count. This resulted in an emergency count
being done with it not clearing until 12:47 p.m.
Essential item.

Warden's response received 8/1/08: Prior to this NCR facility
management had already taken steps to improve the count
process. The Warden agrees that the count function is of highest
priority and has personally reviewed count processes with the
Assistant Warden and Chiefs, and the Unit Managers. The entire
management team is focusing on count with monitoring of daily
counts being conducted by all management team staff to include
Per letter of concern dated
out counts, housing unit counts and the count room process. We
November 10, 2008, CM will
are identifying where specific employees may have become lax in
continue to monitor this item.
this process and will take corrective measures where appropriate
and retraining where appropriate. No facility can expect that every
employee, at every count will always be perfect, and some errors
will occur in the best situations from time to time. While it is not
disputed that errors were made in the referenced count; it is
important to remember that the process did catch the error and the
count was not cleared until rectified as is the ultimate goal.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

TDOC MANAGEMENT COMMENTS/NOTES

8/26/08 CMD note: The issue of who was responsible
for mishandling the disciplinary report is not at issue.
The fact remains that an inmate with a positive drug
test did not receive a disciplinary hearing. The noncompliance report is valid and will stand. As an
ESSENTIAL instrument item, this is subject to
notification of Breach of Contract. The determination of
whether to issue such notification is pending. A followup response by the Warden, indicating the final results
of the investigation, and corrective action, will be
considered in making this decision.

8/26/08 CMD note: As an ESSENTIAL instrument
item, this is subject to notification of Breach of
Contract. The CMD was present for a discussion of
this incident, which appears to have caused, in part, by
an inexperienced staff member in the count room. The
Associate Warden's explanation of the problem and
corrective action plan is acceptable, and no Breach
notification will be issued.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR DECEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/2/08

Yes

9/9/08

Yes

10/15/08

10/16/08

Yes

Monitoring
Instrument

Special
Management
Inmates

Security and
control Counts

Inmate
Identification

Disciplinary
Procedures

ITEM
NON-COMPLIANCE ISSUE
NO.

NIN

1 &2

On 8/26/08, CM requested to view PELCO camera
system to ensure the administrative segregation
inmates were being allowed recreation. The inmates
received their recreation. However in the course of
viewing PELCO, the following was observed: an
inmate (medium custody) had been brought in the
seg. unit for pending board status. He had not been
placed in his cell, when i/m another inmate
(administrative segregation custody) inmate was
escorted from the shower to segregation cell 107 by
one (1) officer.

Page 2

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

On NCR's dated 12/2/08 and
12/4/08, similar incidents
occurred regarding maximum
security inmates.

11/10/08 CMD note: Letter of Concern e-mailed.
10/31/08 CMD note: This is an essential item. The
same item was found in non-compliance in the
previous monitoring period. A notification of Breach
was considered, however, since the problem was not
in the count room, and the problem was discovered
and corrected, as stated by the Warden, a Breach
notification is being withheld. A notice of concern will
be issued concerning count issues.

12/29/08 CMD note: This is an essential instrument
Corrective Action Verified:
item, and could therefore be subject to a Breach
12/15/08: All missing photographs notification. The CM, however, indicates that the
have been done and placed in the problem has been corrected by the facility. No Breach
notification will be issued at this time, however, any
IIR.
subsequent non-compliance may result in such action.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

TDOC MANAGEMENT COMMENTS/NOTES

12/29/08 CMD note: This is an essential instrument
item, and could therefore be subject to a Breach
notification. The CM, however, indicates that the
problem has been corrected by the facility. No Breach
notification will be issued at this time, however, any
subsequent non-compliance may result in such action.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR DECEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

11/6/08

11/12/08

12/2/08

12/4/08

Monitoring
Instrument

PREA

Drug Testing
and
Substance
Abuse
Treatment

Special
Management
Inmates

Page 3

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Four (4) of twenty (20) checked did not have the
predictor scales showing they were screened for
PREA.

Corrective Action Verified:
12/15/08: All inmates have been
identified that have been at
WCFA prior to 2006. All inmates
had a predictor scale or it have
been done and placed in the IIR.

On 10/17/08, TOMIS incident #765290, an inmate
was charged with positive drug screen. The inmate
was never served the disciplinary, therefore no
hearing was held. Essential item.

2/3/09 CMD note: Breach notification issued
1/16/08. 12/29/08 CMD note: This essential item was
also found in non-compliance on 7/30/08. A Breach
notification is pending.

2/3/09 CMD note: Breach notification issued
1/16/08. 12/29/08 CMD note: This essential item was
also found in non-compliance subsequently on
12/4/08. A Breach notification is pending for both
items.

ITEM
NON-COMPLIANCE ISSUE
NO.

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

TDOC MANAGEMENT COMMENTS/NOTES

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR DECEMBER 2008
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

12/4/08

Monitoring
Instrument

Special
Management
Inmates

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Instrument name and Item numbers for Liquidated Damages issues are in BOLD print

Page 4
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

2/3/09 CMD note: Breach notification issued
1/16/08. 12/29/08 CMD note: This essential item was
also found in non-compliance previously on 12/2/08. A
Breach notification is pending for both items.

Disciplinary Self-Help Litigation Manual - Side