MN Adult Facilities Offender Handbook MN DOC 2012
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Adult Facilities OFFENDER HANDBOOK 2012 Minnesota Department of Corrections Adult Facilities Offender Handbook Table of Contents Intake Screening Orientation ID cards Status 2 2 2 2 Sexual Abuse/Assault Grievance/Communication 14 14 Offender Assignments and Pay 15 Safety Incompatibility Facility Count Dress/Hygiene/Hair Care 3 3 3 3 Offender Accounts 16 Voucher and Wages 17 Housing Expectations Security Threat Groups 4 4 Gate Money Cost of Confinement Indigent Offenders 18 18 18 Contraband Searches Drug Testing Escape Lock Ups 5 5 5 5 5 Discipline 6 Health Services Health Care Co-pay Medical Alert Tags Private Health Care Offenders with Disabilities Medication 19 19 19 19 19 19 Property 7 Canteen Claims Telephone 8 8 8 Case Management Program Review Team Classification 20 20 20 Mail 9 Visiting 11 Food Service Library Recreation Hobby Craft Religious Services 12 12 12 12 12 Intensive Supervised Release DNA Analysis Chemical Dependency Programs Sex Offender Treatment Work Release Release Reviews Office of Hearings and Release 21 21 21 21 21 21 21 Resource Agencies 22 Adult Correctional Facilities 23 Education Programs Reentry Services Other Programs Offender Rights 13 13 13 13 202.051A 1 (5/2012) This Handbook is a summary of some of the policies that effect many offenders. If you have questions or concerns about a subject, read the complete policy or talk to staff. Each subject in this handbook shows at least one policy number. The number refers to a Minnesota Department of Corrections (DOC) Policy, Division Directive or Instruction about that subject. There may be other policies about the subject that are not shown. There are many other policies about other subjects not included in this handbook. The DOC Policy Manual is available in the library of each facility. Each facility or program will tell you about the rules in that facility or program. When a staff person tells you to do something, you must follow his/her direction. Even if you think staff are wrong, you must still comply. Later, you can discuss it with the staff or supervisor. Intake Screening Offender Orientation Policy Number: 202.040 202.050 New offenders admitted to the DOC come to reception centers at Minnesota Correctional Facility (MCF)St. Cloud or Shakopee. During orientation you learn about the rules and procedures. Many rules are the same in all facilities. Some rules are different at each facility. You get another orientation when transferred to a new facility. All offenders will have tests and meetings with staff during the first two weeks. Information is gathered about each offender so a program plan can be made. There is more about this in the MCF-St. Cloud Offender Handbook and MCF-Shakopee Orientation Information Handbook. Offender ID Cards Policy Number: 302.255 You will be given an identification card (ID). Look in the facility or unit rules to find out the rules for wearing ID cards. ID cards must be replaced if they are lost, stolen or broken. Also, if you change how you look, the ID must be replaced. You may be charged $5.00 to replace it. There is no charge when the ID has to be replaced because of normal wear and tear. The ID card must be turned in when you are released. Offender Status Policy Number 202.110 All offenders are assigned one or more statuses (program, living unit, work or others). There are policies and/or rules for each status that explains them. There are privileges or restrictions that go with them. Here are a few of the statuses that can be assigned. Administrative Segregation Indigent Investigative Restriction Pre-Hearing Detention Unauthorized Lay-In Non-Contact (visiting) Loss of Privileges Disciplinary Idle In-House Segregation Reception Temporary Unassigned Unassigned Idle Safety A Workplace Accident and Injury Reduction Plan Fire Prevention Bloodborne Pathogen Exposure Control Plan - Offender Policy Number 105.125 105.160 105.172 In any emergency it is very important to do what staff tell you to do. There is a plan for getting staff and offenders away from a fire. Fire evacuation routes are posted in all areas in all facilities. There are regular fire drills when everyone practices what to do in case of a fire. There is also a plan for ensuring the safety of offenders and staff during a tornado or bad weather. Sometimes there will be tornado drills to practice what to do if there is a tornado. All offenders will get training about safety during orientation. When you are assigned to a job, you get more training about the safety rules for that job. You should report any injury to staff, no matter how minor. Report safety hazards to staff. Do not create safety hazards. Some diseases can be passed to another person by contact with body fluids such as urine, blood, or feces. You should treat any other person’s blood or body fluids as if they are contaminated and avoid contact with them. Offender Incompatibility Policy Number: 202.120 If you think that another offender might harm you, report it to staff. Staff will look into it. If staff think it is needed, a plan will be made to keep certain offenders apart. Staff cannot protect you if you don’t tell them you are in danger and give them enough information to help you. Facility Count Report Policy Number: 300.050 Staff must know where offenders are at all times. This is the reason for offender counts and controlled movement. Offender counts are done several times each day. You must follow the rules about count. It is a discipline violation to not follow count rules. You must also follow the rules about going from one place to another in the facility. Look in the facility handbook to read about the rules for movement and counts. Offender Dress/Hygiene/Hair Care Policy Number: 303.020 You must keep yourself and your property clean and neat. Those who do not meet this standard may get a discipline report. Clothes must fit properly. Dress You must keep your private parts covered except when changing clothes, taking a shower, or using the toilet. You must be fully dressed (including underwear and shoes) when out of your cell/room. No underwear may show through the clothes. Robes must be worn with underwear. Robes can be worn to and from the shower. • • • Living, work, and program areas can have special dress codes. Clothes must be clean. Clothes may not be altered, ripped or torn. You must wear clothes how they were designed to be worn. Sunglasses cannot be worn indoors without medical approval. Headgear (hats) • Headgear issued for work can only be worn for work. • Do-rags may only be worn in cells/rooms. • Headgear, baseball caps, stocking hats etc. can only be worn outdoors. • Religious headgear may only be worn in cell/room or at religious services. • Sports headbands can only be white and only be worn at recreation. • Plastic caps and curlers cannot be worn outside of living unit. Approved neckwear (crosses or religious medallions, medicine bags) must be worn under clothing and worn on approved plastic chains available through canteen. Neckwear must be removed when NO shirt is being worn. Personal Hygiene Hygiene supplies are for sale in the canteen. If you do not have money to buy them, they will be provided (see Indigent Offenders). You are expected to shower regularly and keep yourself clean. Hair Care Offenders can do hair care for others, such as cuts and perms, but only if they are approved to do it, and only in an approved area. Offenders may not take tips. Offenders may not sell or give products to other offenders. There is more information in the facility handbooks about hair care rules. Offender Housing Conditions and Expectations Policy Number: 303.025 When assigned to a room or cell, check it completely. Report damage or contraband to staff right away. You are responsible for what is in your cell, area or room, and locking devices. Offender personal living areas must be kept clean and neat. You must clean your cell/room and make your bed daily. Clothing must be kept in drawers, closets, footlockers or containers. You will be assigned a cell/room and issued a key or locking device. The cell/room must be locked when you are out of it. If you share a cell or room, your footlocker or other storage area must also be locked when you leave. Some facilities have living unit rules. Rules are posted in each unit. Read and follow living unit rules. Offensive material is defined in the policy. Writing, photos, drawings or tattoos could be offensive if they are about: violence or threats, sex or nudity, or put-downs of a person or group. These things may not be displayed. They must be stored out of sight when not being viewed. If they are not stored out of sight, they can be taken and a discipline report written. Security Threat Groups (STG) (Gangs) Policy Number: 301.110 Being a member of a gang is not allowed. It is against the rules to engage in gang activities. This includes having, using, or showing anything related to gang symbols or signals. Contraband Policy Number: 301.030 You may NOT be in possession of contraband. Possession means either on one's person, in one's cell, or in one's control. Anything that may present a risk to the security of the facility or safety of staff and offenders can be contraband. Contraband includes, but is not limited to: Controlled substances Alcohol Tobacco Weapons or ammunition Escape tools Explosives Sexually explicit material Martial arts books or magazines You may not have printed information about another offender's crime. Even property that is normally allowed can be contraband if you are not approved to have it. For example, some items must be in their original containers. Too much property, property not on the inventory, and altered property are also contraband. Contraband is taken and stored. Then it is decided if it has to be thrown away, sent out of the facility, or returned to the owner. Searches Policy Number: 301:010 You may be searched at any time and for any reason. Cells/rooms and areas may be searched at any time. You are responsible for anything in your cell/room, on you person, or in your property. Drug and Alcohol Testing Policy Number: 205.230 Drug and alcohol testing is done in all facilities. All positive drug tests will result in discipline. Escape Policy Number: 301.020 The amount of force needed to stop an escape will be used. This could be deadly force. An escape or attempt to escape will result in a felony conviction. Lock-Ups Policy Number: 301.070 During a lock-up, normal programs stop. You must stay in your cell/room/bunk area unless directed by staff. Notes: Offender Discipline Policy Number: 303.010 You must obey the rules written in the Discipline Regulations Handbook and facility or unit rules. If you do not follow the rules, disciplinary action will be taken. The Discipline Regulations Handbook explains the your rights in the discipline system. There is a formal discipline system and an informal sanction system. Informal Sanctions Informal sanctions are penalties given to offenders who violate minor facility or unit rules. Informal sanctions include: written warnings, loss of privileges and loss of use of equipment (property or phone). Informal sanctions are not used for major rule violations. The informal sanction plan is explained in the facility handbook or unit rules. Formal Discipline The formal discipline system is used for more serious rule violations. Offenders get written notice of the violation. A disciplinary hearing is scheduled. Formal disciplinary reports are settled either by a disciplinary hearing or a waiver. Disciplinary Hearing In a disciplinary hearing, a hearing officer from the facility or DOC Central Office listens to all sides - the offender, the discipline officer, and witnesses. The hearing officer decides if the offender is guilty of the rule violation. If the offender is found guilty, the hearing officer gives a penalty such as segregation time or loss of privileges. Hearings may be done in person with a hearing officer or by video tele-conference. Offenders may have a representative to help them at their hearing and have witnesses testify for them. Hearing findings can be appealed to the warden. Waiver of Hearing and Plea of Guilty The offender can sign a form saying he/she violated the rules and accepts the penalty offered. No hearing is held. Usually the penalty will be less than what would be given after a finding of guilty in a hearing. Penalties agreed to on a waiver cannot be appealed. Minor Misconduct: a minor report results in a penalty that does not include extended incarceration (EI). Usually the penalty for a minor report is loss of privileges. Major Misconduct: a major report results in a segregation sentence and/or extended incarceration. Repeated minor violations may result in a major penalty. In the Discipline Regulations Handbook, many of the rules have the full range of penalties, from loss of privileges to segregation and extended incarceration. Whether the penalty is minor or major depends on the situation. Notes: Offender Property Policy Number: 302.250 The types and amounts of property an offender can have are listed on the Allowable Property List that is posted in each living unit. Some special programs or units such as segregation, orientation/reception may have other rules about property and limit what an offender can have. You are responsible for keeping your property within the allowable limits. There are two kinds of property that offenders may have, personal property and state issue items. Some things, like clothing and electrical items are counted and written on a Property Inventory Record. Consumable items that are perishable, used up, consumed through use, or inexpensive non-durable items (e.g., food, hygiene and writing supplies, and plastic items); personal papers including published and legal materials, are non-inventoried items. You can have only the amount of property that fits into two footlockers. Large items like fans and TVs don’t have to fit in the footlockers. You are solely responsible for the care and safekeeping of your personal property. When leaving the cell/living area, you must ensure all personal property is secure. State Issue Property State issue items are those the DOC gives an offender to use at no charge. They include shirts and pants, underclothes, socks, shoes, and bed linens. You are responsible for your state issue items. You may be charged the cost of replacing missing, damaged or destroyed items. Personal Property Personal property is anything that an offender may get that belongs to him/her and is not a state issue item. The Allowable Property List tells what and how much you may have. The only way to get personal property is to order it through the property department or buy it from canteen. Your family and friends cannot send or bring property to you. Family members and friends are not allowed to bring-in or mail-in any personal property. Each facility has catalogs available for you to place orders. All property items are to be ordered through the institution catalogs or canteen. Check the facility handbook to see how to order an item. YOU MUST KEEP ALL RECEIPTS AS PROOF OF OWNERSHIP. Property Inventory Property that has a limit on the Allowable Property List is inventoried on a computer program. The following are against the rules: Not having all the items that are on the inventory; To have more than what is on the inventory; To trade, sell or give property to another offender; To have someone else’s property; and To have property that has been changed or altered. You should not throw away inventoried property. A kite should be written to "Property" before you get rid of property that has been inventoried. If personal property is lost or stolen, you may not be allowed to replace it for a period of time. Canteen Policy Number: 302.010 You can buy the things you need from MINNCOR centralized canteen. There are food, health, hygiene, writing supplies, televisions, radios and fans for sale through canteen. Offenders are given a centralized canteen catalogue whenever a new one is issued. Changes in prices and products are posted in the living units. You must update your catalogue with the posted information to keep it correct. Order forms are passed out to offenders each week. There are special order forms for special programs or living units, such as segregation, that restrict what offenders may buy. If you think there has been a mistake in the canteen order, it must be verified by staff at the time you receive the order. The rules for ordering and solving problems with orders are in the centralized canteen catalogue. The canteen spending limit for offenders in general population is $120.00 per week. Televisions, typewriters and telephone time is not included in the limit. You must have money in your account to pay for what is ordered. The canteen staff cannot answer questions about offender accounts. If you have questions about the account, send a kite to “Offender Accounts.” Settlement of Claims Policy Number: 106.020 Property Claims You may be paid for loss of property due to an action or inaction by staff. The loss must be reported to staff within 24 hours. Consumable items that are perishable, consumed through use, or inexpensive non-durable items (e.g., food, hygiene and writing supplies, and plastic items); personal papers including published and legal materials, are non-inventoried items and will not be payable in the claims process. A claim must be filed within 30 days on the DOC claim form. All claims require a $5.00 filing fee. The filing fee will be returned if any part of the claim is paid. You must submit proof of loss with the claim. Injury Claims You may be paid if you have a permanent injury, which occurred while performing assigned duties. It is best to report the injury right away. The injury must be reported within 30 days. The claim must be filed within 180 days. For information about claims, send a kite to the facility claims officer. Telephone Policy Number: 302.210 A personal identification number (PIN) is needed to use the telephone. Do not tell anyone your PIN. You may be charged money to change your PIN. Facilities will not accept collect calls for offenders. Abuse of telephone privileges results in discipline, and may result in loss of telephone privileges for a period of time. Rules for telephone use are posted in the living unit, Informal Sanction, or in the facility handbook. You must not call staff, volunteers, interns, or vendors. 3-way and call-forwarded calls are not allowed. Phone Monitoring Offender telephone calls may be listened to and recorded. Legal calls are not monitored. Legal Calls You should contact attorneys by mail. In an emergency, you can ask for a free legal call from your caseworker. More information about how to get a legal call is in the facility handbook. Emergency Calls If there is a death or serious illness in your family, someone can call the facility and leave a message. Staff will check to see if the message is true. If it is, they will give the message to you. If you need to make an emergency call, you can ask staff. The watch commander or case manager decides if the call can be made. TTY or TTD Calls Hearing impaired offenders can have their own, or use the facility’s, TTY/TTD machines. Mail Policy Number: 302.020 It is important for you to tell your family and friends about the mail policy. There is no limit on the amount of mail you can get or send. You cannot use the facility address as a business address. When you transfer or are released, your first class mail will be forwarded for 60 days. Mail is not delivered if it contains or refers to the following: • Risks to security and safety of facility or public; • Contraband; • Threats of harm to another; • Breaking the law or facility rules; • Security threat groups; • Unauthorized business activity; • Asks for gifts from sources other than family and friends; • Code that can’t be understood; • Sexually explicit material; • Material/photos that contain nudity; • Photographs of staff; • Cash or personal checks, stamps, credit or instant cash cards, telephone cards; • Items that may be a safety or health hazard or seem suspicious; or • Safety or sanitation hazards such as lipstick, perfume, oily stains, discoloration, crystallization, or anything else that can’t be identified. Outgoing Mail: • May include paper with words/drawings on it, signed greeting cards, clippings and photocopies from publications, and photographs. • Must have a return address including offender’s commitment name, OID number and the full name of the facility -all in upper left hand corner of envelope. • Must use only envelopes purchased in the canteen, or pre-printed postage-paid metered business-reply envelopes. • Offender legal mail may be sealed and must be sent to the mailroom. (Officers in the living units do not check legal mail that offenders are sending out). • May be inspected and must be unsealed (except special/legal mail which must be sealed in front of staff). • Mail to another offender can only be delivered through the U.S. mail, not through interoffice mail or the kite system. • Will be identified as being mailed from a correctional facility. • For special services such as registered, priority and express mail, contact the mailroom. Incoming Mail: • Is limited to 16 ounces per mail item to permit timely processing and thorough inspection. Items in excess of this limit will be returned to sender unopened with an explanation for the rejection. • Must be addressed to the offender’s commitment or legal name and OID number. If it is not, it may be returned to sender. • Will be opened and checked for contraband. • May be read if it may present a risk to safety and security. • Special/legal mail will be opened in front of the offender. Staff will check it for contraband. • “Junk mail” will be discarded. Catalogs, non-profit mailings, subscribed and allowed newspapers and magazines are accepted. • Magazines or other published commercial materials must come from the publisher or an approved vendor. Offenders must pay in advance for subscriptions or gift subscriptions, which are also allowed. Magazines will be reviewed – if they are not allowed they will be returned to sender. • Money can be sent in the form of bank drafts, money orders, cashier checks and U.S. Treasury checks. See “Offender Accounts” in this book for more information on this. • Incoming mail should have the sender’s complete return address on it including name, street address, city and zip code. May include • Paper with words/drawings on it; • Signed, store-bought greeting cards and post cards (no musical cards); • Photographs (Polaroids must have backing removed); • Magazines and published material shipped directly from publisher or vendor; • Books must have a packing slip or other notice showing who paid for it; • Money orders, bank drafts, cashier’s checks; or • Clippings or photocopies of published materials. Non-Delivery of Offender Mail • If mail is not delivered to you, you will be sent a Notice of Non-Delivery of Mail/Package stating the reason. You have 30 days to tell the mailroom what to do with the rejected mail. It can be returned to the sender or destroyed. • If an item cannot be delivered or returned due to missing or wrong addresses, it will be kept for 30 days. If it is not claimed within 30 days it will be destroyed. Review of Rejected Mail • You may ask for a review of the decision to reject mail. Send a kite to the mailroom supervisor within 15 days after getting the Notice of Non-Delivery of Mail/Package. Send a copy of the Notice with the kite. • After the answer comes back on the first review, you may ask for a final review. Send a kite and the Notice to the Correspondence Review Authority. This must be done within 15 days after getting the mailroom supervisor’s decision. Visiting Policy Number: 302.100 Visiting is a privilege. The rules for visiting depend on your status. Visitors have to be approved before they come to visit. You may send a visiting application form to the people you want on your visiting list or the visitor may get a visiting application on the DOC website at www.doc.state.mn.us (click on “facility information” and then click on “visiting information”). The visitor must fill out the form and return it to the facility. Staff approve or deny the visitor. Staff tells the offender that the visitor is approved and you must tell the visitor if they are approved. Staff send a letter to visitors who are not approved. It is very important for visitors to be honest and completely fill out the form. People who have criminal records or who are on probation can be approved to visit. They must be truthful when filling out the form or they will be denied. Visitors can be on the visiting list of only one offender incarcerated in any of the Minnesota Correctional Facilities. If they have been on someone else’s visiting list in the last six months they cannot visit. The visitor must request to be removed from another offender’s visiting list, then wait six months to apply on the new offender’s list. There are exceptions to this rule for immediate family members of offenders. Visitors under 18 years old must be listed on the visiting application of a parent, legal guardian or another adult with notarized permission from the parent or legal guardian. A copy of the child’s birth certificate must be sent with the application. Each offender is allowed 24 approved visitors. Offenders on reception status can have only two adult visitors on their list. When an offender transfers to another facility, their visiting list transfers too. The amount of time allowed for visiting depends on the custody level of the facility. There are different rules for visiting for offenders in segregation. Read the segregation handbook to find out about visiting while in segregation. Read the facility handbook to learn about all of the visiting rules. Here are some that are the same at all facilities: • Visitors must bring an ID when they come to visit. • Visitors may be searched. • Visitors must dress modestly (as decided by visiting staff). • Adults must control children’s behavior. Unruly behavior is not allowed. Children must be under direct supervision by an adult at all times while on facility grounds. • Offenders are searched before and after the visit. • Offenders must dress neatly and modestly. • Nothing can be brought into the visiting room. • Offenders and visitors may hug, kiss on the cheek briefly, and shake hands when they first arrive and when they leave. • Children under six may sit on their parent's lap unless the offender has a special visiting restriction with minors. • No other physical contact is allowed. Breaking the visiting rules could result in: A warning Non-contact visiting status The visitor being banned from visiting A discipline report Ending the visit Arrest and criminal charges THERE ARE NO VISITS ON THESE HOLIDAYS New Year’s Day Martin Luther King Day Memorial Day Independence Day Veteran’s Day Thanksgiving Day and day after Thanksgiving President’s Day Labor Day Christmas Day Food Service Policy Number: 302.030 Food service menus are posted in all living units and work areas. A dietitian reviews menus to see that they are healthy. The Health Department inspects the food service area to make sure it is clean and safe. Two types of meals are available at lunch and dinner: the regular menu, and an alternative meal that meets the need of most religious and medical diets. You must not take extra food. You should eat what you take. It is a rule violation to take extra food or waste food. You must sit where the staff tell you to sit. Look in the facility handbook to learn about other food service rules. Library Policy Number: 204.045 Every facility has a library that offenders can use. There are many different kinds of books and other materials in the library. Restorative Justice and Transitions (Pre-Release) information are available in the library. Check your facility handbook or unit rules to see when you can use the library. Recreation Policy Number: 204.080 Every facility has a recreation program that includes activities in the gym, outside yard, living units and/or courtyards. Activities may include handball, basketball, volleyball, walking/running track, weight lifting, and use of exercise equipment. Full contact sports, such as tackle football, boxing, and martial arts, are not allowed. Outside recreation can be cancelled when the weather is bad. Each facility has a recreation schedule and rules. Look in the facility handbook or unit rules to find out the schedule and rules. Hobby Craft Policy Number 204.047 You can participate in a hobby craft program by buying craft items from the canteen or approved vendors. Only certain hobby crafts and supplies are allowed at each facility. You may not give, trade, loan, display or sell hobby craft items. Completed projects must be sent out of the facility. Read the policy or facility instructions for more information. Religious Services/Programs Policy Number: 302.300 All offenders can practice their religion. Every facility has a religious services coordinator. If you have questions about religious activity, contact the religious services coordinator. Religious services are open to everyone. The number of offenders allowed to attend a service may be limited. Religious activity can be restricted if it causes security or safety problems. Educational Programs Policy Number: 204.040 There are education programs at all facilities. Not all programs are at every facility. The education programs include: Basic/general education Special education General Educational Development (GED) Vocational education All offenders have their reading and math levels assessed. The results are used to decide what education programs you may take. If you do not have a verified GED or high school diploma, you are assigned to education classes as openings occur. Adult Offender Reentry Services and Programming Policy Number 205.140 There are programs to help you succeed when you get out of prison. The programs will teach you how to look for and keep a job. They will also give information about how to get services in the community such as housing and health care. Most offenders are required to attend a pre-release program before their release. Other Programs There are other programs to help you learn skills to improve your life. Each facility has some of these programs. Some of the programs include: anger management, cognitive skills, life skills, parenting, and victim impact. Offender Rights Policy Number 202.055 The Department of Corrections seeks to protect offenders from personal abuse, physical punishment, personal injury, property damage, harassment, and disease. You have a right to access to the courts. You have a right to access to legal counsel, and to have confidential contact with legal counsel. You have a right to equal opportunity. The DOC prohibits discrimination based on an offender’s race, religion, national origin, sex, disability or political views. The DOC ensures that an offender who is a citizen of another country has access to the diplomatic representative of his/her country. If you think that any of these rights have been violated, you may complain and ask for relief. The part of this handbook titled “Offender Grievances” explains how to make a complaint. Notes: Sexual Abuse/Assault Prevention, Reporting, and Response 202.057 The DOC maintains a zero-tolerance policy on sexual abuse/assault to promote a safe and humane environment, free from sexual violence and misconduct for everyone. Sexual conduct between offenders and staff is forbidden. It is also forbidden between offenders. Staff (including volunteers and contractors) cannot give or accept gifts or special favors. A brochure entitled Sexual Abuse/Assault Prevention and Intervention is included in the orientation packet offenders receive when they are admitted. Read it to find out more about this. Sexual abuse/assault can include, but is not limited to: • Any behavior or act of a sexual nature, consensual or non-consensual; • Touching in a sexual way; • Sexual comments or gestures; • Promising anything in exchange for sexual favors; • Threatening anything if an offender does not give sexual favors; • Sexual language or behavior; • An act that involves sexual contact or an intimate relationship; • Kissing; or • Sexual harassment. DOC Sexual Assault Helpline: (651) 603-6798 - this is a free call Report sexual abuse/assault right away to staff. They will refer you to medical staff. You do not have to give the name of the person who assaulted or abused you in order to get medical treatment. Medical information gathered is confidential. In order to use the information as evidence in discipline or prosecution against the person who assaulted you, you have to sign a release. You have the right to refuse to sign the release. Mental health staff are available to help offenders recover from the emotional impact of sexual abuse/assault. False Accusations: If an investigation reveals that an offender has made a false accusation that he/she, in good faith, could not have believed to be true, the facility may take disciplinary action against the offender through all means available to the DOC. Grievance Procedure Kites/Communication Policy Number 303.100 303.101 Verbal Communication You may try to resolve a problem or ask a question by respectfully discussing it with staff. Kites Kites are printed forms that offenders use to communicate with staff. A kite is used to ask for a service or ask a question, or to informally resolve a complaint or grievance. When trying to get a service or resolve a problem, use the chain of command. Each facility posts their chain of command that explains which staff is responsible for what area. Check the chain of command to see who is responsible for the area you are concerned about. Talk to or send a kite to the staff. Send a kite to only one person at a time and wait for a response before writing to the next person in the chain. If you are not satisfied with the answer, or you have no written answer after 5 working days - send a kite to that staff’s supervisor, state your concern, whom you have talked or written to and their answer. If the problem or question is not resolved, use this system up to the level of the warden. Do not skip steps in the chain of command. Always state whom you have contacted already and their answer to your complaint. Staff responses are to be attached to your kite as it proceeds up the chain of command. Grievance The formal grievance procedure is used if the complaint is not resolved through the kite or informal system. A formal grievance is written on an Offender Grievance form and sent to the facility grievance coordinator (it may be sealed). The offender needs to have more than 40 working days left until release, and needs to attach all kites with staff responses used in the chain of command. Grievances cannot be submitted about discipline, mail, assignment terminations, or any other policy that has its own written appeal procedure. Offenders may not request discipline/dismissal of staff. The issue being grieved must have occurred within the past 30 days. A grievance should be about only one issue. You can get help filling out a grievance, but no one may submit a grievance for someone else. You must state what the problem is, state what has been done to informally resolve the problem, and state what should be done to resolve the problem. The complaint must be on the grievance form and only one additional page. You must attach supporting papers such as receipts or previous kites. Usually a response is sent back within 20 working days. If you are not satisfied with the response to the grievance, a Grievance Appeal form may be sent to the DOC Central Office grievance appeal coordinator. The grievance appeal must be sent within 15 working days of the date the grievance response was signed. A copy of the grievance must be sent with the grievance appeal. Usually a response is sent back within 20 working days. If you can show that you would be in danger if the complaint is known at the facility, the grievance may be sent directly to the Central Office grievance appeal coordinator. Offender Assignment and Pay Plan Policy Number: 204.010 All offenders who can work, must work. If you refuses to work, you will have many privileges taken away. Work can be education, treatment or other programs. All offenders’ first assignments at the intake center are in reception/orientation status. After offenders are off orientation or reception status, they must submit an application to get another assignment. If you do not have an assignment, you must take any that is offered to you. An offender who refuses to accept an assignment will get a discipline report. There is a probation period of ten days after beginning a new assignment. Usually you must remain in an assignment for 90 days before you can ask for a change. Pay is based on the pay range for that job in the DOC offender assignments and compensation plan. Offender Accounts (Banking) Policy Number: 300.100 IT IS IMPORTANT THAT YOU KEEP A RECORD OF YOUR MONEY AND KEEP ALL RECEIPTS AND MONTHLY STATEMENTS. The department that takes care of offenders’ money is called Offender Accounts. The facility keeps financial accounts for each offender. There are savings, spending, and gate accounts. You get a statement about your accounts each month. It will show all changes in the accounts during the previous month. Wages earned at the offender’s work assignment and money sent to the offender are put in the spending account. Family and friends can send money to you. Please note that funds must be sent to a different address than regular mail. It must be mailed to: YOUR NAME AND OID MCF - (Name of facility where offender is housed, such as: St. Cloud, Faribault, Shakopee) P.O. Box 1000 Moose Lake, MN 55767 Funds must be in the form of a money order, cashier’s check, or certified bank check. It must be made payable to “(offender’s name and OID).” It must also have the sender’s full name and address including street address, city, state, and zip code on it. The writing must be legible - staff must be able to read all of the information. MONEY ORDER 568217 65468745465 12/1/15 SERIAL NUMBER YEAR MONTH DAY Pay to: JOHN DOE OID# xxxxxx Address: MCF-XXX (offender location) P.O. Box 1000 Moose Lake, MN 55767 SEE REVERSE WARNING 000000000000 : 000000000000000” • • • • POST OFFICE **50*00 US DOLLARS & CENTS $$$$50 DOLLARS AND 00 CENTS From : James Doe Address: Sender’s Street Address Sender’s CITY and ZIP NEGOTIABLE ONLY IN THE US AND POSSESSIONS Cash or personal checks are not accepted. Tax refunds, payroll checks, tribal checks can be mailed to the facility where you are located, if necessary. You cannot exchange money or property with another offender or his/her family or visitors. You cannot exchange money or property with staff or volunteers. Vouchers Voucher forms are used by offenders to ask Offender Accounts to do things with your money. To have money sent to a person or business, fill out a voucher form. Vouchers must be filled out in ink. Staff must see you sign the form. The staff will send the form to the correct department. The unit lieutenant or case manager must approve a request for $500 or more. The voucher must include: • Offender name; • OID number; • Name of living unit; • Amount of money to be withdrawn; • Reason for the request; • Name of person or business the check should be written to; • Address where check is to be sent; and • An addressed envelope. When the money is sent out, you will be sent a copy of the voucher. If there is not enough money in your spending account to cover the voucher, the form will be sent back to you with “NSF” or “insufficient/non-sufficient funds” written on it. Wages You are paid for the work you do. Pay is based on the DOC pay plan. Payroll is put in offender accounts every two weeks. You will be sent a statement that shows the hours worked, gross pay, deductions and net pay. Savings (facility) Offenders can have money put in their savings account. A voucher form is used to have money taken from the spending account and put it into the savings account. It is also used to take money from savings and put it in spending. You can have only one transfer of money per pay period. Savings accounts earn interest. Interest is paid quarterly and is put into the offender's spending account. Holds The hold account is used to keep money aside for a certain event or payment, such as when a radio or television needs to be sent out for repair. The repairperson says what they think it will cost to repair the item. That much money is taken from the spending account and put on “hold.” After the repair is paid for, any money left over will be put back in the spending account. Outside Banking You may send money to an outside bank after you have saved $100 gate money. It is up to you to contact the bank and make arrangements for banking by mail. Personal or business checking accounts are not allowed. You are responsible for your savings books and other records. You may not charge on a credit account or have a credit card at the facility. Compensation When you earn money at a job, some of that money gets taken to pay your court ordered debts (obligations). Up to half of an offender’s wages will be taken to pay restitution, court fees, fines, and child support. All offenders pay 5% of their wages to aid victims of crime. All of an offender’s wages can be used to pay back money owed to the facility. You can pay more than what is required on your bills, if you wish. Offender Gate Money You are expected to save $500 for gate money. This money is given back to you when you are released. Half of your earnings will be put in this account and saved until it reaches $500. The money in a gate money account earns interest. When you are released, you will get $100 gate money even if you have not saved that much, and will receive the actual balance of the gate savings account, over $100. Spending Gate Money You can ask to spend money in your gate savings account. In order for the request to be considered the following must apply: • You must have two years left to serve; • You must not have any unpaid court-ordered charges such as child support, restitution, or fines; • You cannot buy something you already own (can't upgrade); • You must have saved $100 gate money; • If the money is to pay a debt, it will be verified; and • Can ask only one time per year. Cost of Confinement Policy Number: 300.1015 10% of money you bring with you or receive from some outside sources, is taken to help pay the cost of your confinement. Indigent Offenders Policy Number: 300.140 Offenders who have no money can get the basic things they need. You can get such things as toothpaste, soap, deodorant, paper, pens, and envelopes. You can also get photocopies and postage for legal mail. An offender who does not have a job and has had less than $1.00 in his/her accounts for at least one full pay period, can get these things. You must ask for them. Notes: Health Services Dental Health Services Behavioral Health Services Policy Number: 500.010 500.055 500.301 There are medical, dental, nursing, and mental health services for offenders. Medical information about you is private. You may refuse health care. Most facilities have “sick call” so you can get health care quickly. Look in the facility handbook to find out how to get health services. Health Screenings and Health Appraisals Periodic Exams Policy Number: 500.050 Offenders who are under 19 years old or over 50 years old may get a (medical) physical examination each year. Offenders between 19 and 50 years old may get a physical exam every other year. Offenders may also get a physical exam just before release. You have to send a kite to medical staff and ask for these exams. There is a $3 co-pay for these exams. Adult Offender Health Care Co-Pay Policy Number: 300.100 500.100 You may have to pay a $5 co-pay when they see any medical staff. Indigent offenders who have no money can still get health care. There is no co-pay for mental health care, emergencies, or injuries while on a job. Medical Alert Tags Policy Number: 500.060 You can get a medical alert tag. The medical staff have to approve it. The medical alert is put on the back of the offender ID card. Offender Requested Private Health Care Policy Number 500.135 Offenders can see their own doctor in the community. You must have enough money in your account to pay for all of the costs to do this. This has to be approved by the warden. Offenders with Disabilities Adaptive Equipment Policy Number 203.250 500.150 If you have a disability and needs special services, you must ask for them. There is an Americans with Disabilities Act (ADA) coordinator at each facility. Medication Management Medication Administration Policy Number: 500.200 500.201 Some medicines are given to offenders to keep in their cell/room to take as directed. Other medicines have to be taken in front of staff. Each dose is given to the offender by staff. Medicine has an expiration date on it. Any unused medicine must be returned to medical staff by the expiration date. Over- thecounter medicine such as aspirin, Tylenol, cold pills and skin creams can and should be bought through canteen. Offenders who need medicine are given a one-week supply when they are released. They also get a prescription so they can buy enough for 30 more days. Some people have illnesses that need medical care after they are released. Staff can help you plan how to get health care. Case Management Process Policy Number 203.010 Each offender has a case manager. Case managers help you know and follow polices and laws related to your case. They also help you develop a program plan and release plan. They also help with classification and transfers. They write reports and present them to the program review team. Program Review Team (PRT) PRT is a group of staff that decides which rules apply to an offender’s case. They look at all of the information gathered about you. Once they have gathered all of the information about you and your case, they will meet with you to discuss your case or offer you an opportunity to waive your personal meeting. The PRT can recommend programs that an offender can take. PRT can also direct you to treatment programs such as chemical dependency treatment and sex offender treatment. This means you are required to go to the program. If you are directed to go to treatment and refuse to do it when the program is offered, you can get a discipline report and extended incarceration time. Each year there is an annual review team (ART) meeting for each offender. The PRT also reviews your release plans. There is more information about this in the Release Reviews section of this handbook. Classification System Policy Number: 202.100 You will be assigned a custody classification. Facility placement and programming are based on it. There are five levels. 5 is maximum. 4 is close. 3 is medium. 2 and 1 are minimum. Classification is based on: • Behavior during the current offense; • Criminal behaviors in last ten years; • Behavior during other incarcerations; • Escapes or trying to escape; • Violent offender status; • Length of sentence; and • Behavior in facility - a major rule violation can result in a higher classification level. Classification can be appealed. Get the appeal form from the case manager. Send the completed form to the classification officer. The classification officer sends a recommendation to the associate warden of operations who approves or denies the appeal. That is the final decision. Notes: Intensive Supervised Release (ISR) Policy Number: 201.023 203.010 ISR can be assigned to an offender. It is based on your history of violence or sexual offenses. ISR status offenders follow special rules when they are released. You may be assigned to ISR and have to go to a halfway house or report to an agent more often, or have other special conditions of release such as house arrest or electronic monitoring. You may have to attend programs such as sex offender or chemical dependency treatment. DNA Analysis of Offenders Policy Number: 203.040 State law requires all offenders to provide a blood sample for a DNA test. You must give the blood or other body fluid sample when directed to do so. Chemical Dependency Programming Policy Number: 500.308 There are programs to help you stop using drugs and alcohol. There are treatment programs at most facilities. All offenders are assessed to see if they need treatment. The PRT can direct you to go to treatment. If you don’t go, you could get a discipline report. There are also Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) groups at most facilities. Sex Offender Treatment/Programming Policy Number: 204.050 There are programs to help sex offenders change their behavior. Offenders who have committed crimes involving sex-related behavior must be assessed to see if they need to go to sex offender treatment. The PRT can direct you to go to sex offender treatment. If you don’t go, you could get a discipline report. Work Release Policy Number: 205.120 The work release program allows some offenders to live and work in the community. Usually the offender lives in a halfway house or community correctional facility. You must apply for the program. You must be accepted by the Work Release program. The PRT and the hearings and release unit (HRU) must also approve an offender for Work Release. Release Reviews Policy Number: 106.112 Most offenders do not serve their whole sentence in prison. Some of the sentence is served on supervised release. You will have an agent that you must report to when you are released. Offenders must have a plan for what they will do when they are released. The case manager will help you make a plan. The agent must agree with the offender’s release plan. The HRU also must agree with the plan. The plan will have the rules you must follow when you are released. Some rules are for all offenders; these are called standard conditions of release. Some offenders will have special rules; these are called special conditions. If you do not follow the rules when you are released, you might have to come back to prison. Hearings and Release Unit (HRU) This office makes the final decision about an offender’s release. HRU grants releases for parole, supervised release, and Work Release. If you do not follow the rules while on a release program, the HRU decides what happens to you. HRU also conducts disciplinary hearings at correctional facilities. HRU is located at the Department of Corrections at this address: Hearings and Release Unit, 1450 Energy Park Drive, Suite 200, St. Paul, Minnesota 55108. Resource Organizations for Offenders – the list below is just a sampling of resources available. Additional information on these and many other organizations and resources can be found in the library of the transition resource centers at most DOC facilities. Also, most facilities have a transition coordinator who can provide info and assistance. Amicus: provides one to one volunteer support to offenders through regular visits, phone calls and letters. Call 612 348 8570 or write Amicus, Inc at 15 S 5th Street, Suite 1100, Minneapolis, MN 554021062. Council on Crime and Justice: provides assistance to offenders and their families before and after release. Call 612 348 7874 or write the Council at 822 South 3rd Street, Minneapolis, MN. 55415. Minnesota Department of Employment and Economic Development (DEED): provides pre- and postrelease employment services and resources to offenders at DOC facilities as part of pre-release classes. DEED staff also provides employment-related and other transition assistance to individuals released from Minnesota correctional facilities including: post-release workshops (New Leaf) focused on the needs of ex-offenders; post-release case management assistance at WorkForce Centers where project staff are housed; access and referrals to all WorkForce Center services, including resource room assistance, workshops, assessment and training opportunities; referrals to external education and community based organizations; and employment retention and follow-up assistance. Legal Assistance to Minnesota Prisoners (William Mitchell College of Law): Provides assistance in civil legal areas of divorce, custody, visitation, property claims, debts, conditions of confinement, immigration or deportation. No criminal matters or child support issues. Call 651 290 6413 or write LAMP at 875 Summit Ave., Room 254, St. Paul, MN 55105. State Public Defender’s Office: provides legal help on post conviction reviews and appeals, community notification hearings and supervised release or parole hearings. Call 612-627-6980 or write to 540 Fairview Ave. North, Suite 300, St. Paul, MN 55104. Law Library Service to Prisoners: provides access to law library materials and help with legal research. Requests for information related to criminal appeals, conditions of confinement and family law topics are given priority. Contact the law librarian by sending a kite to Law Librarian at your facility library or write LLSP at Minnesota State Law Library, Minnesota Judicial Center, Room G25, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155-6102. Child Support: For information and assistance with child support, contact the Office of Child Support Enforcement, Dept. of Human Services, 444 Lafayette Road, 4th Floor, St. Paul, MN 55155-1714 or contact the local child support officer in the county where the support order is filed. Personal Finance Counseling Services: Novadebt and Family Means provides pre-release money management classes at all DOC facilities as part of pre-release. Topics include: credit history/rating, budgeting, spending habits, banking, checking accounts, bankruptcy. Novadebt also provides postrelease financial planning services. For more information contact the transition coordinator at your facility or write Novadebt at 1700 West Highway 36, Suite 301. Roseville, MN 55113. Faith Based Resource Organizations: Prison Fellowship Salvation Army Central Minnesota Reentry Project Union Gospel Mission Place of Hope Ministries, St. Cloud Minnesota Teen Challenge Lutheran Social Services Catholic Charities Christian Restoration Services Freedomworks Greater Minneapolis Council of Churches For more information on any these organizations and their work with offenders, visit the transition resource center at your facility library. MINNESOTA DEPARTMENT OF CORRECTIONS ADULT FACILITIES MCF-OAK PARK HEIGHTS Maximum/close custody Level 5. It is high security adult male correctional facility. This facility also contains a Mental Health Unit and Transitional Care Unit. There are program opportunities in the areas of training, education and work experiences under close supervision within a highly structured environment. Address: 5239 Osgood Avenue North, Stillwater, MN 55082-1117 MCF-STILLWATER Close custody Level 4. It houses male offenders 19 years of age and older. A wide choice of educational programs and prison industries, and a chemical dependency program are offered. Some cells are double-bunked. Minimum Level 1 program houses offenders of all ages. Address: 970 Pickett Street North, Bayport, MN 55003-1490 MCF-ST. CLOUD Close custody Level 4. It is the male intake center for the DOC. Adult male offenders sentenced to the department will start out at St. Cloud for reception and orientation. Work, educational and chemical dependency treatment opportunities are provided for general population. Some cells are double-bunked. Address: 2305 Minnesota Boulevard, St. Cloud, MN 56304 MCF-RUSH CITY Close custody Level 4. Nearly all offenders are double-bunked and participate in work or educational programming. Address: 7600 – 525th Street, Rush City, MN 55069 MCF-LINO LAKES Medium custody Level 3 and Minimum Level 1. It has sex offender and chemical dependency treatment programs , as well as providing educational and work opportunities. Address: 7525 Fourth Avenue, Lino Lakes, MN 55014 MCF-FARIBAULT Medium custody Level 3 and Minimum Level 1 and 2. One living unit is adapted to meet the needs of older offenders. A variety of work, educational and other programs are offered. Address: 1101 Linden Lane, Faribault, MN 55021-6400 MCF-MOOSE LAKE Medium custody Level 3. The facility provides a variety of programs including education, sex offender programming and industry. Address: 1000 Lake Shore Drive, Moose Lake, MN 55767 MCF- WILLOW RIVER - CHALLENGE INCARCERATION PROGRAM (CIP) Minimum custody Level 1 & 2 and Medium Level 3 classifications. CIP is a boot camp-style program for male non-violent, property or drug offenders. Address: 86032 County Highway 61, Willow River, MN 55795 MCF-TOGO-CHALLENGE INCARCERATION PROGRAM (CIP) All custody classifications except maximum. CIP is a boot-camp style program for female non-violent, property or drug offenders. Address: 62741 County Road 551 Togo, MN 55723 MCF-SHAKOPEE This facility houses adult women offenders of all custody classifications. MINNCOR provides work for about half of the population. The facility has a variety of other education, treatment and work programs. Address: 1010 West Sixth Avenue, Shakopee, MN 55379 MCF- RED WING Adult Level 1 minimum custody. 1079 Highway 292, Red Wing, MN 55066