HomeMy WebLinkAboutNon-fraternization with Offenders SOPIdaho
Department of
Correction
Standard
Operating
Procedure
Title:
Non-fraternization with Offenders
Page:
1 of 5
Control Number:
218.07.01.001
Version:
3.0
Adopted:
02/20/2001
IDOC Data Sensitivity Classification - L3 Restricted
Jeff Zmuda, deputy director, approved this document on 04/13/2018.
Open to the public: Yes
SCOPE
This standard operating procedure (SOP) applies to all employees of the Idaho Department
of Correction (IDOC), Correctional Industries, the Commission of Pardons and Parole, and
all volunteers, contractors, and agents.
Revision Summary
Revision date (04/13/2018) version 3.0 Reformatted entire document to meet current
standards.
TABLE OF CONTENTS
Board of Correction IDAPA Rule Number ............................................................................. 1
Policy Control Number 218................................................................................................... 1
Purpose ................................................................................................................................ 1
Responsibility ....................................................................................................................... 2
Standard Procedures ........................................................................................................... 2
1. Prohibited Activities ...................................................................................................... 2
2. Written Notification ....................................................................................................... 3
3. Investigations ............................................................................................................... 4
4. Consequences for Violations ....................................................................................... 4
Definitions ............................................................................................................................ 4
References ........................................................................................................................... 5
BOARD OF CORRECTION IDAPA RULE NUMBER
None
Policy Control number 218
Non-fraternization with Offenders
PURPOSE
Employees, volunteers, contractors, and agents will maintain the highest standards of
professionalism when dealing with offenders and their immediate family or associates and
must be aware of the appearance of improper association. This SOP provides guidance in
Control Number:
218.07.01.001
Version:
3.0
Title:
Non-fraternization with Offenders
Page Number:
2 of 5
Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
day-to-day interactions with offenders and their immediate family or associates to ensure
they are treated with professionalism, dignity, and respect as well as to avoid potential
conflicts and security risks.
RESPONSIBILITY
Manager or Human Resources
The manager of human resources (HR) is responsible for:
• Developing and maintaining an effective written notification process
• Providing consultation to supervisors and managers in the reporting of written
notifications
• Follow-up of written notifications and information reports as needed
• Conducting inquiries into prohibited into prohibited activities or forwarding the
allegation to the special investigations unit (SIU) for investigation
Management Authorities
The management authorities are responsible for:
• Upholding the standards within the provisions of this SOP
• Reviewing and follow-up on all written notifications or information reports by ensuring
they are routed through the appropriate approving authority and forwarding to human
resources to maintain in the employee’s personnel file
• Forwarding all written notifications of prohibited activity and information reports to
human resources so they can determine if action is needed
Employees
Employees are responsible for cooperating fully with the guidelines outlined in this SOP.
STANDARD PROCEDURES
1. Prohibited Activities
Not every prohibited activity can realistically be listed. Therefore, the types of conduct
specified in this standard operating procedure are not all-inclusive and do not exclude or
excuse other misconduct found by management to be detrimental to the good order and
discipline of the department. Prohibited activities while interacting with offenders and their
immediate family or associates include, but are not limited to:
• Behavior based on favoritism, biases, stereotypes and/or personal judgements
• Cohabitating or residing in the same residence or property whether owned, rented, or
managed
• Lending, providing, receiving, or promising money, goods, services, and/or anything
else of value
• Personal communication and/or relationships
• Supplying personal information of any type
Control Number:
218.07.01.001
Version:
3.0
Title:
Non-fraternization with Offenders
Page Number:
3 of 5
Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
• Extending, promising, or offering any special consideration or treatment
• Delivering or sending messages
• Providing written information or appearing before the Commission of Pardons and
Parole to recommend approval or denial of the parole of an offender unless
specifically requested by the Commission of Pardons and Parole or part of assigned
job responsibilities
• Assisting an offender, regardless of intent, to escape or abscond from supervision
• Marriage to an offender, unless the relationship existed prior to employment with the
department or prior to the offender being placed under the supervision or custody of
the department
Any exceptions to the above prohibited activities must have prior written approval by the
director or designee. A request for an exception must be forwarded through the appropriate
supervisor or management. A copy of the approval must be forwarded to human resources
and placed in the employee’s personnel file.
2. Written Notification
An employee, volunteer, contractor, or agent must notify their supervisor or management in
writing, within the next working shift or learning of any of the following:
• Prohibited activity or any activity that is a potential conflict of interest - Written
notification must be submitted on an Information Report
• Family member, associate, or acquaintance (current or prior) in the care, custody, or
supervision of the department - Written notification must be submitted on a
Relationship Disclosure Form
If such individual is subsequently assigned to the facility, district, caseload, or unit in
which the employee, contractor, volunteer, or agent works, the individual must notify
the facility head or district manager within the next working shift, even if a
Relationship Disclosure Form has already been submitted.
• Contact with an offender and their immediate family or associates outside the scope
of assigned job duties - Written notification must be submitted on an Information
Report
• This does not prohibit incidental personal contacts in organized group activities such
as church or school-related activities and sporting events. In some instances, an
employee may not have any knowledge that an individual is an offender (e.g., the
employee hires an individual to perform remodeling, repair, or maintenance and is
unaware the individual was under department supervision). In this instance, if the
employee discovers that the individual was under department supervision, the
employee must immediately report the contact in writing on an Information Report.
Written notification should contain, but is not limited to, the following information:
• The name(s) of the person(s) involved and classification (ex. offender, ex-offender,
immediate family, associate)
• The nature of the prohibited activity, relationship, and/or contact
Control Number:
218.07.01.001
Version:
3.0
Title:
Non-fraternization with Offenders
Page Number:
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Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
• The date and/or length of contact (e.g. the date contact occurred or was discovered,
how long the prohibited activity existed.)
All such notifications from employees shall be forwarded to human resources and placed in
the employee’s personnel file.
3. Investigations
Any fact finding and formal investigation will be conducted in accordance with standard
operating procedure 150.01.01.006, Administrative Investigations.
Alleged criminal violation(s) of state statutes will be referred to the appropriate local law
enforcement agency prior to conducting any formal internal investigation.
A subsequent internal investigation to determine whether employment misconduct has
occurred may be conducted if the law enforcement agency declines to accept the referral or
determines that insufficient evidence exists for criminal prosecution.
4. Consequences for Violations
Violation of this policy may result in corrective or disciplinary action up to and including
dismissal. The severity and extent of the discipline will be determined by the totality of the
facts.
Corrective or disciplinary action will be taken in accordance with standard operating
procedure 205.07.01.001, Corrective and Disciplinary Action, and Idaho Administrative
Procedure Act (IDAPA) 15.04.01, Rules of the Division of Human Resources and Personnel
Commission.
DEFINITIONS
Agent: An individual who acts on behalf of or represents the Idaho Department of
Correction, Correctional Industries, and Commission of Pardons and Parole; to also include
volunteers and contractors.
Acquaintance: Knowledge of a person acquired by a relationship less intimate than a
friendship (e.g. classmates, neighbors, or co-workers).
Associate: A person who keeps company with another (e.g. a friend, visitor, companion,
business partner, significant other).
Contractor: An individual who provides services to the Idaho Department of Correction,
Correctional Industries, the Commission of Pardon and Parole, inmates, probationers,
parolees, or any unit of the Idaho Department of Correction via a contract either individually
or through an organization.
Immediate Family - for the purposes of this SOP only: Spouse, child, parent, brother, sister,
grandparent, aunt, uncle, niece, nephew, first cousin, or any of these same relationships by
adoption, marriage, fiancé, fiancée, significant other, and that individual’s family.
Offender: An individual who is under department jurisdiction or has been discharged from
department jurisdiction within the last 365 days.
Personal Contact: One-to-one contact such as corresponding (including telephone and
electronic mail), forming close personal friendships, visiting, socializing, dating, etc.
Control Number:
218.07.01.001
Version:
3.0
Title:
Non-fraternization with Offenders
Page Number:
5 of 5
Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
Professional Relationship: A businesslike interaction that treats the other individual with
respect, dignity, and without prejudice or unlawful discrimination and in accordance with
assigned job duties and the mission of the department.
Significant Other: A person having importance in, or influence on, another’s life and has an
established romantic or sexual relationship.
Social Relationship: On-going friendship or personal contact outside the scope of the
assigned job duties and responsibilities.
Volunteer: An individual who, on his own free will, provides a service to the Idaho
Department of Correction, Correctional Industries, the Commission of Pardon and Parole,
inmates, probationers, or parolees without payment for work or services.
REFERENCES
IDAPA 15.04.01, Rules of the Division of Human Resources and Personnel Commission,
Section 190.01, Cause for Disciplinary Actions or Separation from State Service.
Relationship Disclosure Form (found on EDOC)
Standard Operating Procedure 205.07.01.001, Corrective and Disciplinary Action
Standard Operating Procedure 150.01.01.006, Administrative Investigations
– End of Document –