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tl•.S. Department of Justice United States Marshals Service Prisoner Operations Division ifiaington, DC 20530-100(1 January 1,2015 Maricopa Co Main 102W Madison Phoenix, Arizona 85003 Dear Facility Administrator: . Attached is a modification to Intergovernmental Agreement # 08-03-0055. The purpose of this modification is to incorporate the Affordable Care Act and the Prison Rape Elimination Act language. If you have any questions, please contact Mary Horsey, Grants Specialist at (202) 307-5103. Sincerely, Tiffani Eason Chief of Agreements Enclosure cc: Fidencio Rivera Chief Deputy US Marshal Arizona U., S. Department of Justice United States Marshals Service Modification of Intergovernmental Agreement 1. Agreement No. 2. Effective Date 3. Facility Code(s) 4. PREA-ACA 5. DUNS No. 08-03-0055 January 1, 2015 9AM Modification N/A 6. Issuing Federal Agency 7. Local Government United States Marshals Service Maricopa Co - Main Prisoner Operations Division 102 W Madison Office of Detention Services Phoenix, Arizona 85003 CS-3, 5th Floor Washington, DC 20530-1000 8. Appropriation Data 9. Per-Diem Rate 10. Guard/Transportation Hourly Rate 15X1020 $ 70.00 $0.00 11. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT REFERRED TO IN BLOCK 1, REMAIN UNCHANGED. TERMS OF THIS MODIFICATION: THE PURPOSE OF THIS MODIFICATION IS TO ADD THE PRISON RAPE ELIMINATION ACT (PREA) AND THE AFFORDABLE CARE ACT TO THE CURRENT IGA (SEE PAGE 2-4). The Facility must post the Prison Rape Elimination Act brochure/bulletin in each housing unit of the Facility. (See Attachment) The Facility must abide by all relevant PREA regulations. NO OTHER TERMS OR CONDITIONS OF THIS AGREEMENT ARE AFFECTED, 12. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION: A. At; LOCAL GOVERNMENT IS NOT REQUIRED B. • LOCAL GOVERNMENT IS REQUIRED TO SIGN TO SIGN THIS DOCUMENT THIS DOCUMENT AND RETURN ALL COPIES TO U. S. MARSHAL 13. APPROVALS A. LOCAL GOVERNMENT B. D .' , L GOV NmENT i AtazL4 Signature i t na tore _ i FLEI 2 Grants pecia list TITLE DATE TITLE DATE Page 1 of 4 U. S. Department of Justice United States Marshals Service Modification of Intergovernmental Agreement Agreement Number: 08-03-0055 Page 2 of 4 Rape Elimination Act Reporting Information SEXUAL ASSAULT AWARENESS This document is requested to be posted in each Housing Unit Bulletin Board at all Contract Detention Facilities. This document may be used and adapted by Intergovernmental Service Agreement Providers. While detained by the Department of Justice, United States Marshals Service, you have a right to be safe and free from sexual harassment and sexual assaults. Definitions A. Detainee-on-Detainee Sexual Abuse/Assault One or more detainees engaging in or attempting to engage in a sexual act with another detainee or the use of threats, intimidation, inappropriate touching or other actions and/or communications by one or more detainees aimed at coming and/or pressuring another detainee to engage in a sexual act. B. Staff-on-Detainee Sexual Abuse /Assault Staff member engaging in, or attempting to engage in a sexual act with any detainee or the intentional touching of a detainee's genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abuse, humiliate, harass, degrade, arouse, or gratify the sexual desires of any person. Sexual abuse/assault of detainees by staff or other detainees is an inappropriate use of power and is prohibited by DOI policy and the law. C. Staff Sexual Misconduct is: Sexual behavior between a staff member and detainee which can include, but is not limited to indecent, profane or abusive language or gestures and inappropriate visual surveillance of detainees. Prohibited Acts A detainee, who engages in inappropriate sexual behavior with or directs it at others, can be charged with the following Prohibited Acts under the Detainee Disciplinary Policy. • Using Abusive or Obscene Language • Sexual Assault • Making a Sexual Proposal • Indecent Exposure • Engaging in Sex Act Detention as a Safe Environment While you are detained, no one has the right to pressure you to engage in sexual acts or engage in unwanted sexual behavior regardless of your age, size, race, or ethnicity. Regardless of your sexual orientation, you have the right to be safe from unwanted sexual advances and acts. U. S. Department of Justice United States Marshals Service Modification of Intergovernmental Agreement Agreement Number: 08-03-0055 Page 3 of 4 Confidentiality Information concerning the identity of a detainee victim reporting a sexual assault, and the facts of the report itself, shall be limited to those who have the need to know in order to make decisions concerning the detainee-victim's welfare and for law enforcement investigative purposes. Report All Assaults! If you become a victim of a sexual assault, you should report it immediately to any staff person you trust, to include housing officers, chaplains, medical staff, supervisors or Deputy U.S. Marshals. Staff members keep the reported information confidential and only discuss it with the appropriate officials on a need to know basis. If you are not comfortable reporting the assault to staff, you have other options: o Write a letter reporting the .sexual misconduct to the person in charge or the United States Marshal. To ensure Confidentiality, use special (Legal) mail procedures. o File an Emergency Detainee Grievance - If you decide your complaint is too sensitive to file with the Officer in Charge, you can file your Grievance directly with the Field Office Director. You can get the forms from your housing unit officer, or a Facility supervisor. o Write to the Office of Inspector General (OIG). which investigates allegations of staff misconduct. The address is: Office of Inspector General, U.S. Deparnnent of justice, 950 Pennsylvania Ave. Room 4706, Washington, DC. 20530 o Call, at no expense to you, the Office of Inspector General (OIG). The phone number is 1-800-869-4499. Individuals who sexually abuse or assault detainees can only be disciplined or prosecuted if the abuse is reported. A publication of the Office of the Federal Detention Trustee Washington, DC Published Febtuaty 2008 U. S. Department of Justice United States Marshals Service Modification of Intergovernmental Agreement Agreement Number: 08-03-0055 Page 4 of 4 Affordable Care Act The Local Government shall provide Federal detainees, upon release of custody; information regarding the Affordable Care Act, The Affordable Care Act website is located at http://www.hhs.gov/opa/affordable-care-act/. Maricopa County Board of Supervisors Steve Chucri Date Chairman of the Board ATTEST: Fran McCarroll Date Clerk of the Board APPROVED AS TO FORM Deputy County Attorney Date