WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR JANUARY 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

7/30/08

7/30/08

Yes

Yes

Monitoring
Instrument

Drug Testing
& Substance
Abuse
Treatment

Security and
Control Counts

ITEM
NON-COMPLIANCE ISSUE
NO.

2e

4f

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 JANUARY 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/2/08

Yes

9/9/08

Yes

11/12/08

12/2/08

Yes

Yes

Monitoring
Instrument

Special
Management
Inmates

Security and
control Counts

Drug Testing
and
Substance
Abuse
Treatment

Special
Management
Inmates

ITEM
NON-COMPLIANCE ISSUE
NO.

NIN

4f

2e

4f

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

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.

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.

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.

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.

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.

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.

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.

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

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR JANUARY 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

12/4/08

12/4/08

1/6/09

1/6/09

Yes

Yes

No

No

Monitoring
Instrument

Special
Management
Inmates

Special
Management
Inmates

Staffing

Staffing

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Page 3
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

1b

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
Corrective Action Verified:
no one at the facility notified the Assistant
treatment. He was directed to go the ER as a precautionary
2/5/09: No further finding of nonCommissioner or the Commissioner's Designee of the measure due to the possibility of eye damage. When the injuries compliance in regards to
employee's injuries. Essential item.
were found to be more serious, neither the Warden or ADO were notification.
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.

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 non-compliance.

4f

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.

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.

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.

On 12/27/08, the "critical" position of Segregation
SCO or A/S Shift Supervisor was filled with a
correctional officer. He was listed as "Acting SCO".
Essential item.

Warden's response received 01/13/09: WCFA concedes that this
was a poor decision made solely by the Captain on duty, the
Captain has been counseled and corrective action has been taken.
Segregation will be staffed in accordance with the approved
staffing pattern and management has communicated that the
supervisor cannot designate one of the C/O's as an acting SCO on
the post.

3/5/09 CMD note: The institution took disciplinary
action with the Shift Supervisor who made this
decision. The problem has not occurred again in
60 days. Although this item is subject to issuance
of a Breach notification, the problem appears to
have been cured, and no Breach will be issued at
this time.

One academic instructor position was vacant for a
total of 79 days. Essential item.

Warden's response received 1/13/09: WCFA does not dispute that
the position remained unfilled beyond the 45 day timeframe in the
contract. We do believe we acted in good faith to make every
reasonable effort to fill this position in a timely manner. Two
applicants were selected for this position. Both applicants
subsequently decided to decline the job and did not report. Deputy
Commissioner approved a 30 day extension. These efforts
demonstrated a commitment to D/C to actively recruit, interview
and select a teacher. We respectfully request TDOC accept our
good faith efforts as evidenced by the tracking spreadsheet to fill
this position in a timely manner.

3/5/09 CMD note: A breach notification is being
withheld at this time. The position was filled
subsequent to the Warden's response.

3

11b

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

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR JANUARY 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

1/15/09

1/15/09

No

No

Monitoring
Instrument

Security and
Control Counts

Security and
Control Counts

ITEM
NON-COMPLIANCE ISSUE
NO.

4f

8a

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Warden's revised response received 1/30/09: Inmate was
transported back to this facility by HCCF with the incoming chain.
The count room officer thought he had been returned by the
Inmate was returned from court on 1/14/09 at 2:15 pm sending institution. She assigned him to HE204 at 2:40 p.m. on
according to the sally port logbook. He was also on
1/14/09. This made TOMIS and the board correct. Count was
the daily move sheet as a court return. The count
clear. At 10:30 p.m. we completed a TOMIS count and it was
room officer failed to enter him back into the count.
discovered that he was not entered back into WCFA count. He
TOMIS screens LIMC/LIMD were not
was placed on an out count and reassigned to HE204 by the 5am
updated/entered until 1/15/09. Inmate was assigned count. Security of the facility was never in danger and the inmate
to FC216 on LIMC/count room locator board, however was accounted for at all affected counts. He was assigned to a cell
he was actually in FC110. Staff had moved him,
on LIMC and the count board was corrected. All well before count.
however this was not communicated with the count
Inmate was reassigned by M/H due to cell mate concerns and as
room. Essential item.
a better choice for inmate. A disconnect occurred between M/H
and U/M and countroom. To alleviate this problem all moves will be
verified including move sheets and unit logs b the U/M or
representative after all moves are complete.

Three (3) inmates were assigned to cells but were
actually in other cells. Essential item.

In response to item 8a, you can see from C/M's statement these
inmates moved themselves to other cells inside their own pod.
These type moves, when they happen are found at the 10:30 id
count. It was discovered at the 10 am count due to a out count
being wrong. All inmates received a Class C disciplinary for
interference with officers duties.

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

3/5/09 CMD note: The inmate in question may have
been put on the count board at 2:40 PM, but he
was NOT entered back into the count on TOMIS at
that time. This was not discovered until the next
TOMIS count. The counts before 10:30 PM cleared
because they were not TOMIS counts. The count
room needs to verify all returns and incoming
chains on TOMIS to ensure that they are all entered
into the facility's count as soon as they are
received. Since no other issues of this sort have
occurred since this incident, no Breach notification
will be issued at this time.

3/5/09 CMD note: Due to the fact that the inmates
moved themselves, a Breach notification is being
withheld at this time. It is recommended that unit
staff ensure that their attentiveness level is
sufficient to prevent this from occurring.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR FEBRUARY 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

7/30/08

7/30/08

9/2/08

Yes

Yes

Yes

Monitoring
Instrument

Drug Testing
& Substance
Abuse
Treatment

Security and
Control Counts

Special
Management
Inmates

ITEM
NON-COMPLIANCE ISSUE
NO.

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Page 1
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

2e

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
correctly. The other disciplinary report was never
U/A officer and the disciplinary reaching the D-board for hearing
received by disciplinary chairperson. No hearing was that it disappeared. The investigation into how the disciplinary
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.

4f

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
out counts, housing unit counts and the count room process. We
are identifying where specific employees may have become lax in
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.

Per letter of concern dated
November 10, 2008, CM will
continue to monitor this item.
Corrective action verified
3/9/09: No further finding of
noncompliance in regards to this
issue.

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.

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.

On NCR's dated 12/2/08 and
12/4/08, similar incidents
occurred regarding maximum
security inmates. Corrective
action verified 3/9/09: No
further finding of noncompliance
in regards to this issue.

NIN

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
On 11/12/08 a NCR was issued
test did not receive a disciplinary hearing. The nonfor a reoccurrence of similar
compliance report is valid and will stand. As an
issue. Corrective action verified
ESSENTIAL instrument item, this is subject to
3/9/09: No further findings of
notification of Breach of Contract. The determination of
noncompliance in regards to this
whether to issue such notification is pending. A followissue.
up 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 FEBRUARY 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

9/9/08

Yes

11/12/08

Yes

Monitoring
Instrument

Security and
control Counts

Drug Testing
and
Substance
Abuse
Treatment

ITEM
NON-COMPLIANCE ISSUE
NO.

4f

2e

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, 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
returned by Gibson count sheriff's department at
two inmates had returned. As a result of this incident, the facility
12:47 p.m. according to the sally port logbook. Both has implemented another step to ensure there is not a
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.

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.

Page 2
DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

Per letter of concern dated
November 10, 2008, CM will
continue to monitor this item.
Corrective action verified
3/9/09: No further finding of
noncompliance in regards to this
issue.

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.

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
Cure verified 3/9/09: There were
assigned to a staff member to be served. #9. Shift Supervisor will
no new occurrences of the
check the DR log to be sure that'll all disciplinaries have been
problem since the breach
served/properly logged. Cure Response: As a result of the steps
notification. Warden's response
outlined in the NCR response, there have been no further incidents
dated 2/17/09.
related to the NCR. WCFA has made a concerted effort to ensure
that all disciplinaries including but not limited to those issued for
positive drug screens are processed and adjudicated. We are
monitoring the disciplinary process on a regular basis and in
addition to the response made a staffing change that we believe
will improve the efficiency and accuracy of the disciplinary
documentation process.

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

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

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR FEBRUARY 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

12/2/08

12/4/08

1/6/09

Yes

Yes

Yes

Monitoring
Instrument

Special
Management
Inmates

Special
Management
Inmates

Staffing

Page 3

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

4f

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. Cure response: As noted in the individual response on
the NCR, the actions involving the opening of the cell housing a
maximum custody inmate and the subsequent employee assault
were the actions of an individual employee. This employee clearly
violated facility policy, procedures and post orders and as a result
was terminated. WCFA has made every effort to ensure the
segregation unit is safe and operated in accordance with policy.

Cure verified 3/9/09: There were
no new occurrences of the
problem since the breach
notification. Warden's response
dated 2/17/09.

2/3/09 CMD note: Breach notification issued 1/16/09.
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.

4f

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
On 12/3/08, a maximum custody inmate came out of established policy and post orders regarding leg restraints. As a
his handcuffs and assaulted two (2) staff members,
result of this incident and a previous incident, I have directed a
one (1) which had a serious injury. Upon review of
Shift Supervisor be assigned to segregation indefinitely, but not
Cure verified 3/9/09:There were
PELCO camera system the following was observed: less than the remainder of this year to supervise and mentor staff
no new occurrences of the
Other inmates were in the pod while he was being
assigned to segregation and ensure compliance with procedures in
problem since the breach
escorted from the shower; no leg restraints; at no
place for that post. Cure response : As a result of the findings
notification. Warden's response
time did either escorting officer have a hold on the
relating to segregation; A Shift Supervisor (Captain) was
dated 2/17/09.
handcuffs; one of the escorting officers walked away indefinitely assigned to the segregation unit to ensure that
from the inmate prior to him being placed in the cell. assigned staff are properly trained and supervised. A meeting was
held with the Warden involving the AW Operations, Chief of
Essential item.
Security, Assistant Chief of Security and the assigned Captain, in
which, I discussed my expectations related to the operation and
the supervision of the segregation unit.

2/3/09 CMD note: Breach notification issued 1/16/09.
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.

ITEM
NON-COMPLIANCE ISSUE
NO.

3

On 12/27/08, the "critical" position of Segregation
SCO or A/S Shift Supervisor was filled with a
correctional officer. He was listed as "Acting SCO".
Essential item.

Warden's response received 01/13/09: WCFA concedes that this
was a poor decision made solely by the Captain on duty, the
Captain has been counseled and corrective action has been taken.
Segregation will be staffed in accordance with the approved
staffing pattern and management has communicated that the
supervisor cannot designate one of the C/O's as an acting SCO on
the post.

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

Corrective action verified
3/9/09: No further finding of
noncompliance in regards to this
issue.

3/5/09 CMD note: The institution took disciplinary
action with the Shift Supervisor who made this
decision. The problem has not occurred again in 60
days. Although this item is subject to issuance of a
Breach notification, the problem appears to have been
cured, and no Breach will be issued at this time.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR FEBRUARY 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

1/6/09

1/15/09

1/15/09

2/9/09

Yes

Yes

Yes

No

Monitoring
Instrument

Staffing

Security and
Control Counts

Security and
Control Counts

Staffing

ITEM
NON-COMPLIANCE ISSUE
NO.

11b

4f

One academic instructor position was vacant for a
total of 79 days. Essential item.

Page 4

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Warden's response received 1/13/09: WCFA does not dispute that
the position remained unfilled beyond the 45 day timeframe in the
contract. We do believe we acted in good faith to make every
reasonable effort to fill this position in a timely manner. Two
applicants were selected for this position. Both applicants
subsequently decided to decline the job and did not report. Deputy
Commissioner approved a 30 day extension. These efforts
demonstrated a commitment to D/C to actively recruit, interview
and select a teacher. We respectfully request TDOC accept our
good faith efforts as evidenced by the tracking spreadsheet to fill
this position in a timely manner.

Corrective action verified
3/5/09 CMD note: A breach notification is being
3/9/09: No further finding of
withheld at this time. The position was filled
noncompliance in regards to this
subsequent to the Warden's response.
issue.

Warden's revised response received 1/30/09: Inmate was
transported back to this facility by HCCF with the incoming chain.
The count room officer thought he had been returned by the
Inmate was returned from court on 1/14/09 at 2:15 pm sending institution. She assigned him to HE204 at 2:40 p.m. on
according to the sally port logbook. He was also on
1/14/09. This made TOMIS and the board correct. Count was
the daily move sheet as a court return. The count
clear. At 10:30 p.m. we completed a TOMIS count and it was
room officer failed to enter him back into the count.
discovered that he was not entered back into WCFA count. He
TOMIS screens LIMC/LIMD were not
was placed on an out count and reassigned to HE204 by the 5am
updated/entered until 1/15/09. Inmate was assigned count. Security of the facility was never in danger and the inmate
to FC216 on LIMC/count room locator board, however was accounted for at all affected counts. He was assigned to a cell
he was actually in FC110. Staff had moved him,
on LIMC and the count board was corrected. All well before count.
however this was not communicated with the count
Inmate was reassigned by M/H due to cell mate concerns and as
room. Essential item.
a better choice for inmate. A disconnect occurred between M/H
and U/M and count room. To alleviate this problem all moves will
be verified including move sheets and unit logs b the U/M or
representative after all moves are complete.
In response to item 8a, you can see from C/M's statement these
inmates moved themselves to other cells inside their own pod.
These type moves, when they happen are found at the 10:30 id
count. It was discovered at the 10 am count due to a out count
being wrong. All inmates received a Class C disciplinary for
interference with officers duties.

8a

Three (3) inmates were assigned to cells but were
actually in other cells. Essential item.

11a

Warden's response received 2/15/09: The failure to fill this
vacancy was due to a miscommunication. Due to staffing needs a
correctional officer was promoted to a senior correctional officer
Correctional officer position #118364 was vacant for a
before the designated time HR assigned. Failure to notify HR of
total of 50 days. ESSENTIAL item.
the promotion date caused an overage on the correctional officer
fill requirement date. WCFA did have 7 part-time officers employed
during that time period who worked a total of 1,318.01 hours.

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

TDOC MANAGEMENT COMMENTS/NOTES

3/5/09 CMD note: The inmate in question may have
been put on the count board at 2:40 PM, but he was
NOT entered back into the count on TOMIS at that
time. This was not discovered until the next TOMIS
Corrective action verified
count. The counts before 10:30 PM cleared because
3/9/09: No further finding of
they were not TOMIS counts. The count room needs to
noncompliance in regards to this
verify all returns and incoming chains on TOMIS to
issue.
ensure that they are all entered into the facility's count
as soon as they are received. Since no other issues of
this sort have occurred since this incident, no Breach
notification will be issued at this time.

3/5/09 CMD note: Due to the fact that the inmates
Corrective action verified
moved themselves, a Breach notification is being
3/9/09: No further finding of
withheld at this time. It is recommended that unit staff
noncompliance in regards to this
ensure that their attentiveness level is sufficient to
issue.
prevent this from occurring.

4/3/09 CMD note: Although this is an ESSENTIAL
item, a Breach notification will be withheld on this
occasion. It appears that there was sufficient staff
coverage for this post during the time the full time
position was vacant.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR MARCH 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

2/9/09

3/10/09

3/12/09

3/23/09

Yes

No

No

No

Monitoring
Instrument

Staffing

ITEM
NON-COMPLIANCE ISSUE
NO.

11a

Warden's response received 2/15/09: The failure to fill this
vacancy was due to a miscommunication. Due to staffing needs a
correctional officer was promoted to a senior correctional officer
Correctional officer position #118364 was vacant for a
before the designated time HR assigned. Failure to notify HR of
total of 50 days. ESSENTIAL item.
the promotion date caused an overage on the correctional officer
fill requirement date. WCFA did have 7 part-time officers employed
during that time period who worked a total of 1,318.01 hours.

The contract requires the physician to be at WCFA
sixteen (16) hours per week. During the period of
11/26/08 till 1/5/09, there was no physician at WCFA
Medical and
except for seven (7) hours on 12/12/08. There was no
Mental Health 1b(1)
physician here from 1/29/09 till 2/9/09. The week of
Service
2/9/09, the physician was only here 4.75 hours. The
week of 2/23/09, the physician was here only 12.15
hours.

Disciplinary
Procedures

Special
Management
Inmates

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

Wardens response received 3/17/09: The facility agrees that we
did not provide the amount of physician hours as required by
contract/staffing pattern. This occurred as a result of the departure
of the physician previously employed and the subsequent decision
of the doctor hired to replace him to accept other employment. We
now have a contract physician committed to providing coverage for
sixteen (16) hours were week. As always, we will continue to
ensure that the inmates receive the appropriate medical care.
Wardens response received 3/16/09: Facility concurs that this
occurred as stated. The DHO reported to the Chief of Security in
advance that she was going to have to be off work on the
scheduled hearing date. The Chief failed to make arrangements to
provide a relief DHO. Formal disciplinary action is pending as a
result.

NIN

Twenty-nine (29) disciplinaries had to be dismissed.
Disciplinary Board hearings were not held, nor were
they continued.

NIN

Wardens response received 3/24/09: The Warden concurs that
these inmates were not evaluated within the specified time frame.
After discussing with the mental health coordinator, it was found
Twenty-one (21) punitive inmates were due a thirty
that the errors occurred due to her using the TOMIS MGM report
(30) day mental health assessment, five (5) exceeded to develop the schedule for the evaluations. This report is not
the timeframe.
accurate for this purpose in cases where inmates receive
additional sentences after initial segregation placement. She will
begin using other scheduling practices that will ensure inmates are
evaluated within the appropriate time period.

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

4/3/09 CMD note: Although this is an ESSENTIAL
item, a Breach notification will be withheld on this
occasion. It appears that there was sufficient staff
coverage for this post during the time the full time
position was vacant.

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR APRIL 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

2/9/09

3/10/09

3/12/09

3/23/09

Yes

Yes

Yes

Yes

Monitoring
Instrument

Staffing

ITEM
NON-COMPLIANCE ISSUE
NO.

11a

Special
Management
Inmates

CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

Warden's response received 2/15/09: The failure to fill this
4/3/09 CMD note: Although this is an ESSENTIAL
vacancy was due to a miscommunication. Due to staffing needs a
item, a Breach notification will be withheld on this
correctional officer was promoted to a senior correctional officer
Corrective Action Verified:
Correctional officer position #118364 was vacant for a
before the designated time HR assigned. Failure to notify HR of
4/28/09: No further finding of non- occasion. It appears that there was sufficient staff
total of 50 days. ESSENTIAL item.
coverage for this post during the time the full time
the promotion date caused an overage on the correctional officer compliance.
position was vacant.
fill requirement date. WCFA did have 7 part-time officers employed
during that time period who worked a total of 1,318.01 hours.

The contract requires the physician to be at WCFA
sixteen (16) hours per week. During the period of
11/26/08 till 1/5/09, there was no physician at WCFA
Medical and
except for seven (7) hours on 12/12/08. There was no
Mental Health 1b(1)
physician here from 1/29/09 till 2/9/09. The week of
Service
2/9/09, the physician was only here 4.75 hours. The
week of 2/23/09, the physician was here only 12.15
hours.

Disciplinary
Procedures

Page 1

Wardens response received 3/17/09: The facility agrees that we
did not provide the amount of physician hours as required by
contract/staffing pattern. This occurred as a result of the departure
of the physician previously employed and the subsequent decision CM will continue to monitor this
of the doctor hired to replace him to accept other employment. We item on a weekly basis.
now have a contract physician committed to providing coverage for
sixteen (16) hours were week. As always, we will continue to
ensure that the inmates receive the appropriate medical care.
Wardens response received 3/16/09: Facility concurs that this
occurred as stated. The DHO reported to the Chief of Security in
Corrective Action Verified:
advance that she was going to have to be off work on the
4/28/09: No further finding of
scheduled hearing date. The Chief failed to make arrangements to
non-compliance.
provide a relief DHO. Formal disciplinary action is pending as a
result.

NIN

Twenty-nine (29) disciplinaries had to be dismissed.
Disciplinary Board hearings were not held, nor were
they continued.

NIN

Wardens response received 3/24/09: The Warden concurs that
these inmates were not evaluated within the specified time frame.
After discussing with the mental health coordinator, it was found
Twenty-one (21) punitive inmates were due a thirty
that the errors occurred due to her using the TOMIS MGM report
(30) day mental health assessment, five (5) exceeded to develop the schedule for the evaluations. This report is not
the timeframe.
accurate for this purpose in cases where inmates receive
additional sentences after initial segregation placement. She will
begin using other scheduling practices that will ensure inmates are
evaluated within the appropriate time period.

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

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR MAY 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

3/10/09

3/23/09

Yes

Yes

Monitoring
Instrument

ITEM
NON-COMPLIANCE ISSUE
NO.

The contract requires the physician to be at WCFA
sixteen (16) hours per week. During the period of
11/26/08 till 1/5/09, there was no physician at WCFA
Medical and
except for seven (7) hours on 12/12/08. There was no
Mental Health 1b(1)
physician here from 1/29/09 till 2/9/09. The week of
Service
2/9/09, the physician was only here 4.75 hours. The
week of 2/23/09, the physician was here only 12.15
hours.

Special
Management
Inmates

NIN

Page 1
CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

Wardens response received 3/17/09: The facility agrees that we
did not provide the amount of physician hours as required by
contract/staffing pattern. This occurred as a result of the departure
of the physician previously employed and the subsequent decision CM will continue to monitor this
of the doctor hired to replace him to accept other employment. We item on a weekly basis.
now have a contract physician committed to providing coverage for
sixteen (16) hours were week. As always, we will continue to
ensure that the inmates receive the appropriate medical care.

Wardens response received 3/24/09: The Warden concurs that
these inmates were not evaluated within the specified time frame.
After discussing with the mental health coordinator, it was found
Twenty-one (21) punitive inmates were due a thirty
that the errors occurred due to her using the TOMIS MGM report Corrrective Action Verified:
(30) day mental health assessment, five (5) exceeded to develop the schedule for the evaluations. This report is not
05/29/09. No further finding of
the timeframe.
accurate for this purpose in cases where inmates receive
non-compliance.
additional sentences after initial segregation placement. She will
begin using other scheduling practices that will ensure inmates are
evaluated within the appropriate time period.

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

TDOC MANAGEMENT COMMENTS/NOTES

WCFA SUMMARY OF NON-COMPLIANCE NOTIFICATIONS FOR JUNE 2009
OUT-

DATE OF
STANDING
REPORT ISSUE Y/N

3/10/09

6/16/09

6/22/09

Yes

No

No

Monitoring
Instrument

ITEM
NON-COMPLIANCE ISSUE
NO.

The contract requires the physician to be at WCFA
sixteen (16) hours per week. During the period of
11/26/08 till 1/5/09, there was no physician at WCFA
Medical and
except for seven (7) hours on 12/12/08. There was no
Mental Health 1b(1)
physician here from 1/29/09 till 2/9/09. The week of
Service
2/9/09, the physician was only here 4.75 hours. The
week of 2/23/09, the physician was here only 12.15
hours.

Security and
Control Count

Medical and
Mental Health
Services

Page 1
CONTRACTOR RESPONSE/DATE/ CORRECTIVE ACTION
TAKEN

DATE/METHOD OF
CONFIRMATION BY
MONITOR/COMMENTS

TDOC MANAGEMENT COMMENTS/NOTES

Wardens response received 3/17/09: The facility agrees that we
did not provide the amount of physician hours as required by
contract/staffing pattern. This occurred as a result of the departure
of the physician previously employed and the subsequent decision CM will continue to monitor this
of the doctor hired to replace him to accept other employment. We item on a weekly basis.
now have a contract physician committed to providing coverage for
sixteen (16) hours per week. As always, we will continue to ensure
that the inmates receive the appropriate medical care.

4f

Inmate was placed in segregation pending
Wardens response received 6/22/09: Warden concurs with the
disciplinary hearing. He was scheduled to be released findings. Count room officer failed to assign his new housing
at 10:00 a.m. on 6/15/09. According to the logbook, assignment on LIMC. C/R Officer and OIC have been counseled
he was released from segregation; however LIMC
on the importance of this issues and both will be given
was not updated until 8:28 p.m. Essential item.
documented corrective action.

2c

Inmate had a order for a narcotic. The order was
discontinued on 5/28/09. On 6/22/09, the actual count
was sixty-one. CR-2264 showed the count as sixtyeight. There was a discrepancy of seven pills. No
documentation could be located to account for the
missing medication. Essential item.

Wardens response received 7/1/09: Concurs. Investigation was
conducted but staff were unable to determine conclusively what
happened to the missing pills. No evidence was found to suggest
the medication was stolen and believe the error to be due to a
failure in the processes. Changes were implemented and training
was conducted to ensure the procedures were understood. HSA
and CNS will monitor this daily.

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

8/6/09 CMD note: A Breach of Contract notification
was sent to the contractor on 7/8/09.