The Agency has agreed to change many of its policies and practices for dealing with inmate sexual misconduct toward staff. The list of changes is extensive.
For more information about the programmatic relief in the Settlement Agreement, please review pages 5 to 10 of the Attachment A to the Notice, available HERE or the programmatic relief portion of the Settlement Agreement.
The parties have agreed that the provisions of the programmatic relief, Section V of the Settlement Agreement, will be in effect for a four year period beginning on January 17, 2017, when the settlement was preliminarily approved. Below are some of the key dates that were agreed to by the parties in the Settlement Agreement.
|Preliminary Approval of Settlement||January 17, 2017|
|Agency will add columns to the DHO Docket Sheet identifying the original charges for which the staff member wrote the incident report and whether the incident report was expunged||January 31, 2017|
|Agency will announce collateral duty position of Facilitators (announcement to remain open for 30 business days)||January 31, 2017|
|Agency will announce collateral duty position of Internal Coordinator (announcement to remain open for 15 business days)||January 31, 2017|
|The Operations Lieutenant will begin notifying staff in the Education and Recreation Departments when it is necessary that the Agency remove assigned G or East Corridor Correctional Officers from the G or East Corridor area, and will provide additional monitoring of these areas as appropriate||January 31, 2017|
|Regional DHA will begin reviewing each incident report involving Inmate Sexual Misconduct Toward Staff which has been expunged or downgraded for purposes of future training of DHOs on these issues||January 31, 2017|
|Supervisors may consider staff’s actions, positive or negative, taken regarding Inmate Sexual Misconduct Toward Staff under existing PWP standards||January 31, 2017|
|Agency will allow use of video cameras in SHU in accordance with § V.K.2 of the Settlement Agreement||February 16, 2017|
|Agency will begin emphasizing prohibition of Inmate Sexual Misconduct Toward Staff during the Admission & Orientation classes||February 16, 2017|
|Complex Captain will issue a Memorandum via the institution Captains to the SHU Lieutenants regarding inmate cell placement in accordance with § V.K.1. of the Settlement Agreement||February 16, 2017|
|The Institution Captain will begin notifying the reporting Staff member prior to the release to general population of an inmate who has been placed in SHU for Inmate Sexual Misconduct Toward Staff, unless exigent circumstances prevent prior notice||February 16, 2017|
|Agency will begin to place the following language on the inmate television screens during lockdowns, “Reminder: FCC Coleman has zero tolerance for Inmate Sexual Misconduct Toward Staff”||March 3, 2017|
|Agency will initiate the procurement of inmate uniforms without front/side pockets for general population and SHU||March 3, 2017|
|Agency will instruct Staff who conduct the social intake screening by memorandum to specifically ask and record information on the form about Sexual Misconduct Toward Staff.||March 3, 2017|
|Agency will number cell windows||March 3, 2017|
|Complex Warden to select Internal Coordinator||March 6, 2017|
|Class Counsel to notify Agency of person selected to serve as Class Representative||March 13, 2017|
|A representative from the National Psychology Services Office will provide guidance and interactive training to the Psychology Department on how to comply with the provisions of §§ V.J.1 and 3 of the Settlement Agreement||March 18, 2017|
|Agency will initiate the process for purchasing the rolling medical screens to be provided in SHU in accordance with § V.K.3 of the Settlement Agreement||March 18, 2017|
|Deadline for town halls to be held in each unit concerning the prohibition of Inmate Sexual Misconduct Toward Staff||March 18, 2017|
|Agency will place the following notice on the electronic bulletin board of the TRULINKS system for 60 days: “Reminder – as discussed during the town halls – FCC Coleman has a zero tolerance for inmate sexual misconduct toward Staff”||March 19, 2017|
|Complex Warden to Select Facilitators||April 1, 2017|
|Agency to initiate process for recommending regulation change to establish 100 level misconduct charge addressing Inmate Sexual Activity Toward Staff||April 17, 2017|
|Deadline for Agency to provide mandatory training in accordance with § V.L.4 and other relevant provisions of the Settlement Agreement||April 17, 2017|
|Agency will issue guidance to staff in a memorandum regarding practices to deal with oral harassment and window banging||April 17, 2017|
|Agency will offer general programming regardless of mental health care level, which will assist the management of Inmate Sexual Misconduct Toward Staff (e.g. anger management, cognitive behavioral therapy groups, etc.).||April 17, 2017|
|DHO training will be conducted in accordance with § V.L.5 and other relevant provisions of the Settlement Agreement||April 17, 2017|
|Agency will require staff members to send email notifications to Email Resource Box in accordance with § V.D.1 of the Settlement Agreement||May 1, 2017|
|Agency will include information about the prohibition of Inmate Sexual Misconduct Toward Staff in the Admission & Orientation materials||May 17, 2017|
please contact Class Counsel:
Kalijarvi, Chuzi, Newman & Fitch, PC
1901 19th Street, N.W.
Washington, D.C. 20036
Phone – 202-331-9260
Fax – 877-219-7127
You should NOT contact the Agency or the Judge with any questions about the case or settlement.