STATE OF WEST VIRGINIA NUMBER: DIVISION OF CORRECTIONS. DATE: 01 October 2009 POLICY DIRECTIVE. SUBJECT: Security Threat Groups

Transcription

1 STATE OF WEST VIRGINIA DIVISION OF CORRECTIONS POLICY DIRECTIVE NUMBER: DATE: SUBJECT: Security Threat Groups AUTHORITY: WV Code and I. POLICY: It is the policy of the West Virginia Division of Corrections (WVDOC) to establish and maintain a mechanism that provides a safe, secure correctional environment by minimizing the threat posed by gangs or groups and ganglike activity. No offender shall create, promote, or participate in any Security Threat Group organization or group activity. II. III. CANCELLATION: None, as this is a new policy. DEFINITIONS: Security Threat Group (STG): A group or association who may have common characteristics and who individually or collectively engage in or have engaged in any activity which poses a threat to the safety of offenders, WVDOC employees, or the public. Any group of two (2) or more individuals who have: A common name, identifying symbol or characteristic which serves to distinguish themselves from others. Members, affiliates and/or associates who individually or collectively engage or have engaged in a pattern of illicit activity or acts of misconduct that violates WVDOC policies or rules. Have the potential to act in concert to present a threat or potential threat to employees, the public, offenders, or the safe, secure, and smooth operation of the WVDOC. Member: Those persons validated as belonging to a particular security threat group in accordance with the Policy Directive and related procedures. Active Member: An STG affiliate whose activity, behavior, or status as a recognized STG leader and/or whose activity, behavior, or involvement in an incident or unauthorized activity associated with a STG, jeopardizes the safety of the public, staff, or other offender(s) and/or the security and good order of the institution/facility/center. Affiliates: Persons who align with or who are verified members in a particular STG. Affiliation may or may not include active involvement in STG activities. Affiliation may include support for the espoused views and illicit activities of a particular security threat

2 Page 2 of 7 group as evidenced by possession of security threat group paraphernalia and/or other documented behavior. Associates: Persons who regularly associate with STG members and/or affiliates in the normal course of daily activity as verified by staff observation and documentation. Chief Intelligence Officer: Supervised by the Director of Security and charged with overseeing the agency-wide gathering, analysis, and coordination of intelligence, including STG-related activities at the agency level. Chief of Security: The ranking employee designated to exercise responsibility and authority for management of security operations in an institution/facility/center. CID Investigator: An investigator employed by the WVDOC operating under the supervision of the Director of the Corrections Investigation Division (CID). Employee: Any person employed full-time, part-time, or under temporary appointment by the WVDOC; any person under contractual arrangement to provide services to the division; and any person employed by private entity or public agency who is providing services or support to the WVDOC. ICSAO: The Interstate Compact for the Supervision of Adult Offenders. Offender: Any person sentenced and committed to the custody or supervision of the Commissioner of Corrections by any court of competent jurisdiction, the Parole Board, or under the ICSAO agreement. Intelligence File: Documents maintained by the WVDOC on STGs, STG members, affiliates, and associates for administrative and case management purposes. Unit: Any institution/facility/center or Parole District of the Division of Corrections. Renunciation of STG Affiliation: The formal act of disassociating with a certified security threat group by debriefing and discontinuing STG activity and affiliation. STG Activity: Any conduct or behavior which has been determined to be related to a security threat group. STG Management Team: The agency level STG body which will consist of the Directors of CID, Classification, Parole Services, Programs, and Security and the Chief Intelligence Officer, any three (3) of which shall constitute a quorum with the Director of Security as Chair. STG Coordination Team: The unit level STG body. Institution/facility/center coordination teams will be appointed by the Warden/Administrator and generally consist of the following: CID Investigator, Unit Intelligence Officer, Associate Warden-Security,

3 Page 3 of 7 Associate Warden-Programs and Director of Classification; any three (3) of which shall constitute a quorum with the Associate Warden-Security as Chair. Parole District coordination teams shall consist of three (3) Parole Officers of any rank appointed by the District Supervisor with the District Supervisor as Chair. STG Paraphernalia: Any material, document(s) or items evidencing STG involvement or activities such as, but not limited to, rosters, constitutions, structures, codes, pictures, training material, clothing, communications, or other STG-related contraband. Unit Intelligence Officer: An employee who is assigned by a Warden/Administrator or Parole District Supervisor to monitor, collect, and analyze information and intelligence, including, but not limited to, STG related material. Unit Intelligence Officer duties may be full-time or collateral duty assignments. IV. APPLICABILITY: All units within the Division of Corrections V. PROCEDURE: A. Any employee who has reason to believe that an offender is a member of or affiliated with a STG shall file an Incident Report. The Chief of Security or Parole District Supervisor shall forward a copy of all such reports to the designated Unit Intelligence Officer for action pursuant to this Policy Directive. The Unit Intelligence Officer will gather information and complete the STG Validation Worksheet (Attachment #1) to determine if the offender is involved in security threat group activity by meeting one of the following criteria: 1. Self Admission 2. Tattoos and/or other identification marks 3. Possession of disruptive group literature, correspondence and/or paraphernalia 4. Prior identification by other disruptive gang members 5. Identification by another offender (Must be reliable and creditable) 6. Any display of STG colors, symbols, signs, or insignias and/or recruitment efforts. B. The Unit Intelligence Officer will use the STG Debriefing Questionnaire (Attachment #2) to guide and document the in-person debriefing of an offender as part of both the validation process and the renunciation process. The Unit Intelligence Officer will use the STG Affiliation Self-Admission Form (Attachment #3) with offenders who make a self-admission of STG affiliation.

4 Page 4 of 7 C. If the offender scores fifty (50) points or higher on the STG Validation Worksheet, the Unit Intelligence Officer will forward all documentation under a cover memorandum to the Chief of Security or Parole District Supervisor, as applicable. 1. The form will be reviewed, signed, and dated and then forwarded to the Warden/Administrator or Parole District Supervisor, as applicable for review, signature, and forwarding to the Chief Intelligence Officer. 2. Forms being forwarded by Wardens/Administrators will be routed directly to the Chief Intelligence Officer. 3. Parole District Supervisors will forward forms to the Director of Parole Services, who will review them and forward them to the Chief Intelligence Officer. D. The Chief Intelligence Officer shall review and initiate appropriate action: 1. Obtain more information if needed. 2. Deny validation if substantial justification does not exist and further investigation does not produce justification. 3. Validate the identification of the offender as a disruptive group member, if substantial justification exists by signing the STG Certification of Validation Form (Attachment #4), and forward the form to the Director of Security for final review and approval. a. Incarcerated Offenders: The Chief Intelligence Officer will include a recommendation to the Director of Security recommending that the offender be maintained at his/her present classification and/or institutional assignment and be monitored, or be moved to a more secure institutional assignment, or considered for a classification override. b. Parolees: The Chief Intelligence Officer will forward a recommendation to the Director of Parole Services recommending either that the parolee be maintained at his/her present level of supervision, be moved to an increased level of supervision, or be recommended for revocation proceedings. 4. The Director of Security will forward a copy of the signed STG Certification of Validation Form (Attachment #4) to the Warden/Administrator or Parole District Supervisor who submitted the request and to the offender s Central Records file.

5 Page 5 of 7 E. Classification Override 1. If the Director of Security believes that a classification override may be in order, he shall confer with at least two other members of the STG Management Team, in person or electronically, to reach a consensus as to whether or not to approve a classification override. Note: The agency Director of Classification will be notified if he/she was not a member of the STG Management Team process involving the inmate being considered for a classification override. 2. If a determination is made that an override is warranted, the override will be made in accordance with the Classification Manual. F. General Responsibilities of Unit Intelligence Officers shall include, but are not limited to, the following once notification of validation is received. 1. Maintain an Intelligence File for each validated STG member. 2. Ensure that the information is entered into the Inmate Management Information System (IMIS). 3. Notify the institutional Director of Classification or designee so that appropriate classification and housing decisions can be reviewed. 4. Share information appropriately with line staff who may deal with identified STG offenders. 5. Continue to collect intelligence and forward information to appropriate personnel. Continued intelligence gathering may include the following: a. Observed associations with validated or suspected STG affiliates or members. b. Use or attempted use of gang-related signs, symbols, code or other forms of unauthorized communication. c. Monitoring of telephone, mail, visitation, financial transactions, etc. d. Individual and Group photographs e. Documentation of tattooing f. Documented conflicts g. Results of searches h. Drug and alcohol testing i. Documented STG related activities including assaults, extortion and disturbances j. Information obtained from information reports, investigation reports, incident reports and use of force or other available reports.

6 Page 6 of 7 k. Additional data and intelligence information provided by the STG management/coordination team, investigations unit and other criminal justice agencies, including information obtained from confidential informants. G. General Responsibilities of Case Management Staff 1. Case management staff shall make appropriate classification and housing decisions based upon information received. 2. Offenders shall not initially be administratively segregated solely on the basis of being a STG member; however, engaging in recruitment or participating in STG related activities may be the basis of disciplinary, classification and/or segregation actions. 3. Offenders may be administratively segregated based upon their STG affiliation if documented behaviors pose a risk to the safety and security of the facility. If offender behavior results in recommended placement into administrative segregation, notice to the offender and hearing will be provided in accordance with WVDOC Policy Directive H. General Responsibilities of the Chief Intelligence Officer shall include, but are not limited to, the following: 1. Maintain a STG file and database for each offender validated as an STG member, associate or affiliate throughout the WVDOC. 2. Notify Director of Security of any new information concerning STG members. 3. Maintain a file and database for each offender with known or suspected terrorist ties. 4. Serve as the agency level liaison with state and federal law enforcement agencies, West Virginia Fusion Center, Joint Terrorism Task Forces, Anti- Terrorism Advisory Councils, the Federal Bureau of Investigation, the National Major Gangs Task Force, Regional Organized Crime Information Center, and other related agencies and organizations (delineated in Policy Directive ) as approved by the Director of Security. I. Renunciation/Debriefing 1. Offenders may have a number of reasons to falsely renunciate their STG status, including: to obtain more favorable institutional assignments/ classification, facilitate their ongoing STG and/or criminal activities.

7 Page 7 of 7 Renunciation must therefore be approached cautiously by correctional staff. 2. Reasons for renunciation may include, but are not necessarily limited to: the offender claims he/she has quit membership in the STG and staff determination that an offender was incorrectly validated as an STG member. 3. The Unit Intelligence Officer may initiate an the STG Renunciation Request Form (Attachment #5) if they believe there is verifiable evidence to support it. The completed form along with a cover memorandum and documentation in support of the request will then be routed as provided for in subsection C above for review and approval. a. The offender must sign and date the STG Renunciation Request Form (Attachment #5) to indicate the reason they are requesting renunciation and to acknowledge their understanding of the renunciation request process. b. A formal debriefing must be conducted by the Unit Intelligence Officer with the offender to gather and assess information which may serve as evidence of the offender s renunciation or that an error was made in the initial validation process. This debriefing will use the STG Debriefing Questionnaire (Attachment #2) to guide and document this in-person debriefing. 4. The Director of Security will forward a copy of the signed approved or denied STG Renunciation Request Form (Attachment #5) to the Warden, Administrator or Parole District Supervisor who submitted the request and to the offender s Central Records file. 5. The Unit Intelligence Officer will then be responsible for updating the information in IMIS and to ensure monitoring the offender for STG activity while they remain in or under department supervision. Any association with other STG members or associates or involvement in any STG activities will automatically void the renunciation and the offender will be re-validated. APPROVED SIGNATURE: Jim Rubenstein, Commissioner Date