Common use of Selection and Placement Process Clause in Contracts

Selection and Placement Process. The CDCR Offenders to be housed in the Facility shall be selected on the basis of compliance with all applicable state statutes or such other applicable laws or regulations of the state in which the Facility is located relating to the housing of out of state offenders as may apply, and in addition thereto, the following criteria and conditions: 3.02.1 Offenders assigned to the Facility shall not have known serious or significant mental health or serious or significant physical problems. 3.02.2 Offenders assigned to the Facility shall be males eighteen years of age or older. 3.02.3 CONTRACTOR may reject any offender found not to meet the receiving state’s criteria or otherwise deemed by the CONTRACTOR, in consultation with CDCR, to be unsuitable for assignment to a particular Facility. In the event the initially considered Facility is deemed unsuitable for a particular offender, the CONTRACTOR shall make all due effort to assign offenders to an alternate appropriate Facility under this Agreement. If CDCR is unable to achieve the Minimum Normalized Occupancy by the end of the of the Initial Phase-In Period due to Contractor’s rejection of offenders pursuant to this section, the Initial Phase-In Period shall be extended for thirty (30) days or until the Minimum Normalized Occupancy is achieved, whichever occurs first. Prior to transfer, CONTRACTOR will review the classification, medical and conduct records of those offenders recommended by the CDCR to be housed at the Facility. The parties understand that the CONTRACTOR’S review shall include classification of the offender under the law of the state where the offender will be housed, and shall comply with any legal requirements regarding classification imposed thereby. Prior to sending any CDCR Offender to the Facility, the CDCR shall provide to the Facility’s Warden, without charge, copies of pertinent data from institutional files, commitment or other judicial orders, and medical records of each CDCR Offender to be housed at the Facility. In conjunction with the initial transfer of inmates from CDCR custody to CONTRACTOR, CONTRACTOR shall have the right to send representatives, at CONTRACTOR’s expense, to CDCR Headquarters for the purpose of conducting an on site review of the files of those inmates proposed by CDCR to be transferred to the CONTRACTOR. If a CDCR offender is rejected by the CONTRACTOR, the reason for the rejection shall be documented and provided to the CDCR. All CDCR Offender information shall be subject to statutory limitations on disclosure, including but not limited to State privacy laws, and provisions of the federal requirements imposed by the Health Insurance Portability and Accountability Act (HIPAA) or other Federal privacy laws. The CONTRACTOR shall release information only in accordance with CDCR direction. A duly authenticated copy of the CDCR Offender’s commitment papers and any other official papers or documents authorizing detention, case file materials and medical/dental/psychiatric records shall be delivered at the same time a CDCR Offender arrives at the transfer point. After the Agreement is executed and CONTRACTOR becomes familiar with CDCR Offender files, the CONTRACTOR may make reasonable requests for additional papers or documents to be delivered to CONTRACTOR. CDCR understands that the safe and secure management of the Facility is dependent upon the CONTRACTOR’s receipt of complete Offender files and shall not unreasonably withhold requested documents. 3.02.4 The requirements for minimum normalized occupancy shall commence with the first placement of offenders at the facility of CONTRACTOR being occupied. CDCR reserves the right to occupy CONTRACTOR’S facilities in a manner, which best suits the availability of Offenders for such placement to CDCR. CDCR may occupy one, more than one, or all facilities at such time and in such manner as best meets their requirements. The requirements of normalized occupancy within 120 days shall only commence with the first placement of offenders with any particular facility. Provided however, in the event CDCR has not utilized beds in one or more of CONTRACTOR's facilities within 180 days from the first day a CDCR Offender is received at a CONTRACTOR Facility then beds at any such Facility shall be removed from the capacity used to calculate Minimum Normalized Occupancy. Prior to removal of said beds, the CDCR shall have the option to reserve those beds by agreeing to pay the Minimum Normalized Occupancy Rate per facility identified by CDCR as identified in this Agreement. Thereafter, in the event CDCR desires to use beds in any Facility so removed and beds are available in the Facility at such time, CDCR and CONTRACTOR may mutually agree to return these beds to the capacity used to calculate the Minimum Normalized Occupancy, subject to a reasonable phase-in period at such Facility.