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Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 1 of 62

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO.: 11-20120-CIV-SEITZ/SIMONTON

TRAIAN BUJDUVEANU, Plaintiff, vs.

DISMAS CHARITIES, INC., ANA GISPERT, DEREK THOMAS and ADAMS LESHOTA Defendants.

/ AFFIDAVIT IN SUPPORT OF

MOTION FOR SUMMARYJUDGMENT

STATE OF FLORIDA

)

COUNTY OF BROWARD )

BEFORE ME, this date personally appeared the undersigned, who after being first duly sworn hereby state, as follows:

1.

My name is Ana Gispert. I am over the age of 18 years and not laboring

under any disabilities. I have personal knowledge of the facts and matters below. 2.

3.

I serve as the Director for Dismas Charities, Hollywood, Florida location.

Plaintiff pled guilty to charges of conspiring to illegally export military

and dual use aircraft parts to Iran. Plaintiff was sentenced to 35 months for his crimes. 4.

Towards the end of his sentence, Plaintiff was transferred to Dismas, a

"halfway house," on July 28, 2010 until his release date of January 31, 2011. 5.

Dismas is a private non-profit corporation known as a CCC Contractor.

6.

As a result of the Plaintiffs health issues, Plaintiff was released to home

confinement and was required to report back to Dismas every Wednesday.


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 2 of 62

7.

Plaintiff attended a resident orientation, had the program policies and

procedures explained to him and was give the opportunity to ask questions and receive

clarification of any policies and procedures. (True and correct copies of the relevant portions of the Resident Handbook, Rules, Regulations, Expectations, Sanctions and

Contraband List provided to the Plaintiff and are attached to my affidavit as Exhibit 1) 8.

The Residential Handbook is quite clear that all participants in the Dismas

program, like the Plaintiff, consent to searches of their persons and vehicles (p. 16,

Exhibit 1); are not permitted to possess or use cell phones without authorization (p. 16, Exhibit 1) and cannot drive without the prior approval of Dismas. (p.21, Exhibit 1). 9.

The Residential Handbook is quite clear that all participants in the Dismas

program are not permitted to possess or use cell phones without authorization that

unauthorized cell phones are contraband and any unauthorized cell phone is contraband,

which will be confiscated and not returned, (p. 16, and Contraband List Exhibit 1) 10.

Plaintiff also received Dismas' Rules and Regulations. (True and correct

copies of the relevant portions of the Rules and Regulations are attached to my affidavit as Exhibit 2)

11.

The Rules and Regulations of Dismas-Dania Beach are quite clear that all

participants in the Dismas program, like the Plaintiff, consent to searches of their vehicles

(p.3, Section 2(d), Driving Privileges, Exhibit 2); are not permitted to possess or use cell phones without authorization (p.3, Section 6(c), Contraband, Exhibit 2) and cannot drive

without the prior approval of Dismas. (p.3, Section 2(a), Driving Privileges, Exhibit 2). 12.

The Rules and Regulations of Dismas-Dania Beach are quite clear quite

clear that violations of the rules and regulations could lead to sanctions, including termination from the Program, (p.6, Section 2(a), Sanctions, Exhibit 2).


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 3 of 62

13.

Plaintiff acknowledged on May 27, 2010 and on July 28, 2010, that he

received a copy of Dismas Rules, Regulations and Restrictions and would abide by the rules and regulations. True and correct copies of the Plaintiffs Acknowledgement Forms are attached to Exhibit 3.

14.

On May 27, 2010 and on July 28, 2010, Plaintiff acknowledged that: he

received a copy of the Contraband List; that if he is found with contraband it would be

confiscated and disposed of by Dismas; and that if he was found with contraband, he would be subject to disciplinary action.

True and correct copies of the Plaintiffs

Acknowledgement Forms are attached to Exhibit 3 to this affidavit.

15.

On February 24, 2010, the Plaintiff signed a Federal Bureau of Prisons

Form in which he understood that as part of his residential reentry center release that he would abide by the rules and regulations of the program. A true and correct copy of the Plaintiffs BOP Acknowledgement Form is attached to Exhibit 4 to this affidavit. 16.

On September 10, 2010, one month before the Plaintiff drove without

authorization from Dismas and was found to be in possession of an unauthorized cell phone, the Plaintiff signed a Department of Justice, Federal Bureau of Prison Conditions

of Confinement Form in which the Plaintiff agreed that he would not drive a motor vehicle without CCM approval. A true and correct copy of the Plaintiffs BOP Conditions of Home Confinement Form, containing condition 12, is attached to Exhibit 5 to this affidavit.

17.

On September 10, 2010, one month before the Plaintiff drove without

authorization from Dismas and was found to be in possession of an unauthorized cell phone, the Plaintiff signed a Home Confinement Special Conditions Form in which he acknowledged he would adhere to the Rules of the Bureau of Prisons Conditions of


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 4 of 62

Home Confinement as well as the policies and procedures ofhis CCC facility, Dismas. A true and correct copy ofthe Plaintiffs Home Special Conditions Form, containing is attached to this affidavit as Exhibit 6.

18.

The use of cell phones between felons is a security risk. Certainly, the

Plaintiff could not have a cell phone in prison and as he was still serving a prison sentence (in home confinement), possession of a cell phone was prohibited. Cell phones

are hazardous to institutional security, as is demonstrated by the fact that they are not allowed in prison.

Cell phones, for example, would permit people to talk and

communicate after lights out to potentially organize disruptions of the institution.

19.

The authorized use of a motor vehicle by a CCC participant also provides

a security risk. Certainly, the Plaintiff could not use a motor vehicle in prison and as he was still serving a prison sentence (in home confinement), use of a motor vehicle without authorization was prohibited.

20.

The Plaintiffwas also not permitted to attend religious services outside of

a 5 mile radius of his confinement as per Federal Bureau of Prison guidelines. A copy of the guidelines for religious services is attached to this affidavit as Exhibit 7.

21.

On October 13, 2010, the Plaintiff appeared on his reporting date by

driving himself to Dismas in Plaintiffs family vehicle. 22.

While Plaintiff may have held a valid driver's license, he was not

authorized by Dismas to drive or operate a motor vehicle.

23.

The Plaintiff was not authorized to operate a motor vehicle without

approval of the Director of Dismas, Ana Gispert. 24.

At no time did I authorize the Plaintiff to drive a motor vehicle.


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 5 of 62

25.

Following the violation, the vehicle was searched for safety reasons and a

cell phone allegedly belonging to the Plaintiffs family was discovered.

26.

The Plaintiff was not authorized to possess acell phone, regardless of who

owned it.

27.

A phone can be hazardous to safety as it can be used to call or

communicate with other persons not confined or other half way house residents, which could cause security issues.

28.

A Disciplinary Report was then prepared and signed by the Plaintiff after

the incident on October 13, 2010. True and correct copies of the Dismas Reports are attached as Exhibit 8 to this affidavit.

29.

The Plaintiffs personal items were then held by Dismas. As the phone

was contraband, Dismas donated the phone.

30.

The remainder of the Plaintiffs personal items were held by Dismas.

31.

Dismas requested that the family members pick up the items. However,

the Plaintiff or his designated family member refused to pick the personal items up from Dismas and Dismas, at its own cost, delivered the items to the Plaintiff. A copy of the property release memorandum is attached as Exhibit 9 to this affidavit.

32.

Since the Plaintiff violated Federal Bureau of Prison guidelines

concerning his CCC confinement, the Federal Bureau of Prisons was notified on or about October 19, 2010.

33.

On October 19, 2010, the Federal Bureau of Prisons, not Dismas, then sent

the United States Marshall's Service to Dismas to take the Plaintiff back to FDC Miami

to complete the rest of his sentence. A copy of the Federal Bureau of Prisons pick up notice to the United States Marshall Service is attached to my affidavit as Exhibit 10.


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 6 of 62

34.

It is my understanding that Plaintiff was transferred by the Bureau of

Prisons into the custody of FDC Miami, where a subsequent hearing was held by the Bureau of Prisons concerning his possession of a cell phone and driving a vehicle without

authorization. He was found guilty of these offenses at the hearing and required to serve

the remaining 68 day balance of his initial sentence at FDC Miami. A copy of the Plaintiffs United States Bureau of Prison Center Discipline Committee Report is attached to this affidavit as Exhibit 11.

35.

The Plaintiff, at all times, was under the control of the Federal Bureau of

Prisons until his sentence was completed.

36.

CCC is a privilege not a right. The Plaintiff, as well as other felons, is still

under the control, rules and regulations of the Federal Bureau of Prisons. While not

locked behind a cell door while and out of a federal correctional institution, the Plaintiff

is still serving the terms of his sentence even when at a CCC. The Plaintiff, despite his beliefs, was not a "free man" able to do whatever he wanted.


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 7 of 62

FURTHER AFFIANT SAYETH NAUGHT.

SWORN TO AND SUBSCRIBED before me this JU.s* ~"3>jgg«HWi ,2011.

day of

NOTA

My Commission Expires: 3V'H I 3o\2> (PrintVFype or Stamp Commissioned Name of I 'otary Public LAURIE L JACKSON

Personally Known • OR Produced Identification Q3 Type of Identification Produced: pU->*zi£*3XVw</^ LiC^tn&C

Notary PuoHc - tU» of florid*

Jfc*

*

My Comm. Expkn Mar 14.2011] Cornmittioa#OON46a7

BorMTlmgklWIoaiMIMryAiHj


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 8 of 62

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 16th day of December, 2011, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are authorized to receive electronically Notices of Electronic Filing. /s/ David S. Chaiet

DAVID S. CHAIET, ESQUIRE Florida Bar No. 963798


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 9 of 62

SERVICE LIST

Traian Bujduveanu v. Dismas Charities, Inc., et al. Case No..: 11-20120-CIV-SEITZ/SIMONTON

United States District Court, Southern District of Florida Traian Bujduveanu Pro Se Plaintiff

5601 W. Broward Blvd.

Plantation, FL 33317

Tel: (954) 316-3828 Email: orionavfa),msn.com


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 10 of 62

DISMAS CHARITIES, INC. Dania Beach, Florida

"Healing the Human Spirit"

Residential Reentry Center Resident Handbook

Rules, Regulations, Expectations, Sanctions, and Contraband List

/ /

/

Dismas Charities, Inc. Proprietary Information

Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010

{_ > ' '\ "J Yj


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 11 of 62

Your Counselor will assist you in referrals to outside agencies and/or services. Remember: Non-compliance with required program and/or group participation will delay your progression through the Level System and may affect your release from the program.

Additionally, within two weeks you will be required to participate in the journaling program which is mandated by the Federal Bureau of Prisons. Should you choose not to participate you will be restricted to the Community Corrections Component of our program until your release. You will be released based on your successful completion of the program, along with the set release date mandated hy the Supervising Authorities, AUTHORITY

Residents are to treat all staff and other residents with courtesy and respect at all times. No resident may use

profanity or demeaning language to staff or other residents. No resident may have authority over another resident.

All residents will address staff by MR. or MS. (followed by their last name). Note: All staff will refer to all residents in the same manner. RESIDENT BEHAVIOR

Any resident behavior which leads staff to believe that the resident may be harmful to themselves, staff, or the public will be removed from the program. Remember: During yourprogramming at Dismas you will encounter and interact with many persons (staff and residents) from many differentbackgrounds, beliefs, and economic levels; therefore, it is imperative that you treat everyone with respect in regards to their mannerisms, religious practices, language, etc. Remember your successful re-entry into the community will be contingent in part on your acceptance and ability to get along with various persons from different cultural backgrounds. The use of profanity, racial and/or sexual gestures or speech is prohibited. Additionally, Dismas wishes all residents to be watchful of fellow resident's behaviors which couldindicate that the resident may attempt to do harm to themselves. Signs can be, but are not limited to: Withdrawal from

group participation or conversations, discouraging comments, isolation, poor hygiene, etc. Should youwitness these signs you are to notify Dismas staff immediately. Should you yourself have these symptoms and feelings of hopelessness you are encouraged to contact any Dismas staffmember immediately for referral for treatment. RESIDENT BULLETIN BOARD

All residents are required to read the Resident Bulletin Boardon a daily basis, which is located in the Dining Area. Residents are not permitted to remove any information from the Resident BulletinBoard. Staffwill communicate procedure changes, notice of meetings, etc. via a Memorandum on the ResidentBulletin Board. The Resident Bulletin Board also contains information that is permanent, including: Resident Rules and

Regulations; BOP Prohibited Acts; Emergency Medical and Evacuation Procedures; Resident Rights & Contact Information; etc. COMMUNITY MOVEMENT

You are requiredto be accountable to Dismas staff at all times. Dismas will not approve you to have any movements within the community where you cannot be immediately reached by phone. Destinations where phones have call forwarding, three-way calling, and/or answering services, or cell phone only services will not be authorized. When signing out of the facility, you are responsible for putting your finger print on the scanner and waiting until you are cleared by the RAM system. Remember: If you have to go to another destination ""anWoTaddiTiorial move IrTthe community, otheTthanybur approved"sfgn-out deltmatibn,youare~requiredTo

\

call in and request achange ofdestination, prior to making the move. Itis important to remember that asking to v-

Dismas Charities, Inc. Proprietary Information Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010

4


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 12 of 62 f

\

change a destination is a request, and staff will make the decision if the changewill be granted. All information regarding the newdestination must be provided to staff when the request is made. Staff will not granta move without the necessary information (name, full address, phone number, and purpose of the movement). Furthermore, when you reach your approved destination, you are to call the facility and reportin. Note: When you call in, the location and telephone number will be monitored by Caller-ID, and staff are permitted to contact you at your approved sign-out destination, at any time. When you get ready to leave your approved sign-out destination you are to call the facility and report to staff that you will be returning. Note: Your call in location will be monitored by Caller-ID, and staff are permitted to contact you at your approved

sign-out destination at any time. Returning lateto the facility can result in a disciplinary report. *Movement Requests must be provided for all non-emergency movements at least24 hours in advance. Does not apply to weekend requests, which have to be submitted by Thursday at 12 noon.

Residents may not frequent the racetrack, bingo, or other destinations where the primary purpose is gambling. Residents arenot to enter places wherepornography or liquor is a main commodity. Residents may not eat at food establishments where alcohol is served, even on approved pass movements._Remember:

Unaccountability is a serious violation, and may warrant loss of privileges or yourtermination from the program. These accountability procedures protect you and verify to Dismas, the community, andthe United States Probation Office and the Federal Bureau of Prisons your accountability. COUNTS

Head counts are conducted randomly during all shifts. Residents in the facility are required to be accountable to staff within the facility at all times, unless you are on an approved movement outside of the facility. ROOM CLEANLINESS/RESIDENT ROOM ACCESS

You are responsible for the cleanliness of your living area at all times. Your assigned bedis to be neatly made at all times when not occupied. You are required to keep all of your propertyneatly organized in your assigned locker. You are not to leave clothes or other items on the floor, on the side or tops of lockers, in chairs, or on the

bed. Note: Only (3) pairs of shoes will be permitted to be placed neatly under your bed. Nothingis to be hanging on the bedposts or end rails except drying towels and your laundry bag. A staffmember will conduct room inspections on a daily basis. Whenpossible, you will be given the

opportunity to correct any problems with your area before property is confiscated or disciplinary action is taken. Repeat violations however, will result in disciplinary action. Forlife safety reasons and for the respect of others, no TV's, DVD's or DVD tapes, recorders, or other electronic equipment, withthe exception of a Radio, IPOD, MP3, or CD player w/headphones use only will be permitted, No I-Touches are permitted. Headsets are not an excuse for non-compliance to drills, counts, or responding to pages, etc. No extension cords, stuffed animals, cardboard boxes, rugs, non-issued linen, and non-issued pillows are not permitted, and will be considered contraband. *Medical equipment when required by a doctorwill be permitted.

No resident ispermitted to change rooms or beds without permission from their Counselor, Dismas has the right to change your bed and room assignment at anytime. No resident is permitted in another resident's locker, bed, or dorm area. Your locker must be secured at all time. Residents are not permitted Lu use empty lockeis or

beds. Property found stored in a lockerthat has not been assigned will be thrown out. No resident is permitted in any restricted area or staff office without the permission and presence of staff. WORK DETAILS

Youwill be assigned a Work Detail Assignment during your stay. The Work Detail Assignment Sheet is posted '"onthe Bulletin Board, alongwith a detaUeddescription of your assigned Work Detail Task. You are required" to complete your detail as assigned and described, and residents are not permitted to switch details or complete Dismas Charities, Inc. Proprietary Information Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010

5


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 13 of 62 In a Fire Situation:

> DO NOT PANIC! DO NOT USE THE ELEVATOR! USE THE STAIRWAY

> Ifthe room is smoky or you smell smoke, get on your hands and knees (or stomach) and crawl to the door.

> Feel the doorknob; if hot, DO NOT open the door; if cold, open the door slowly, and move toward the closest exit.

> DO NOT PROP EXIT DOORS OPEN!

> Ifthe doorknob is hot, place atowel or other barrier at the bottom ofthe door and wait for help. > Pull tViP fire al^rm ag ymi evatmatp if this has not already hem done. >

After exiting the building, all persons shall meet in the far left side ofthe parking lot and or across the street. Staff will conduct a count and report any persons missing to the Police and Fire Department officials.

> NEVER REENTER A BURNING BUILDING!

DISCIPLINARY ACTION (The Federal Bureau of Prisons, CCM, office has acopy of the Dismas Charities Dania Beach Resident Handbook/Rules and Regulations and hasapproved itscontents)

Prior to transfer from an institution, each resident is forwarded acopy ofthe Dismas Charities Dania Beach

Rules and Regulations/ Resident Handbook. At the time of your orientation, this information is reviewed. The

Receipt ofRules and Regulations/Resident Handbook form is signed at this time by both the resident and staff and placed in the resident's file. All non-sentenced residents (Public Law) are provided acopy ofthe Dismas Charities Dania Beach Handbook/Rules and Regulations at the time ofinitial intake.

7A copy ofthe Dismas Charities Dania Beach Rules and Regulations are incorporated in this Handbook. Additionally, Federal Pre-Release Residents receive acopy ofthe Federal Prohibited Acts. You are responsible

for knowmg'ajKUjadeJstanding the information contained within these documentsandj^^lbeheld ^gounteblefortter^ ofthe rules, then staff wii^gxrowr-feem^ndep^la^fflly-^ith you. If you violate aDismas (In-House) rule, then an appropriate staff member will write aDisciplinary Report (DR.). The PR is presented to you for signature and it is then

forwarded to your Counselor or designee for investigation ofthe report. The signing ofaDisciplinary Report

by you is not an admission of guilt, but an acknowledgement that you are aware ofthe Disciplinary Report. The investigating staff member will investigate the report and will recommend an appropriate sanction, which could range from expunging the report to aloss ofprivileges or program termination. Once the Director has signed off on the Disciplinary Report, then the action is deemed appropriate. The Director can increase or decrease the action recommended. If you feel that action was not appropriate, then you can file an informal grievance to the Director, for review of the action.

Remember it is Dismas Charities Dania Beach's intent to handle minor disciplinary infractions with in-house sanctions such as loss of privileges; reprimands; verbal warnings; special assignments; dorm or facility restriction- reduction in level; impound or confiscation of unaudited personal property; or extra details.

However, apattern or increasing number of disciplinary infractions or gross violation of program rules could result in greater sanctions, up to and including your termination from the program.

When aFederal Prohibited Act is committed, by aPre-Release (BOP) Resident, staff will initiate a(Formal)

Incident Report. The report will be investigated by astaffmember who was not awitness to the incident, and

then aformal hearing will be conducted by the Center Disciplinary Committee, which can be made upofone to

-threerstaffnrcmbervriH^ A .recommended sanction(s) will be determined at the conclusion of the formal hearing and the report, hearing, Dismas Charities, Inc. Proprietary Information

Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010

11


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 14 of 62

and substantiated evidence and sanction recommendation(s) will be forwarded to the Community Correction

Manger (CCM) for review and processing by the Disciplinary Hearing Office (DHO) with the Federal Bureau of Prisons. Note: Category three or four offenses can be resolved at the facility level. BOP PROHIBITED ACTS & SANCTIONS FEDERAL BUREAU OF PRISONS Prohibited Acts (CCCs)

Note to CDC Chairman- Choice of recommended sanctions must coincide with the severity range of the infraction. Normally, the more sever infractions should carry ^t.rp.n.itiP.^n.hncPinfh.i^rs.vmrvl.vHs Sanctions ARBim and Frrgnirf CCM approval prior to imposition

The Community Corrections Manager may increase the severity ofsanction(s) recommended, but may not exceed the ranges specified. More than onesanction may beimposed fora particular infraction.

Severity Range: 100 =Greatest CODE

200 =High

300 =Moderate

400 =Low

PROHIBITED ACTS

100

Killing

101

Assaulting any person (includes sexual assault) oran. Acharge for assaulting any person atthis level istobeused only when serious physical injury has been attempted orcarried out by an inmate.

102

Escape from escort; escape from asecure institution (low, medium, and high security level and administrative institutions); orescape from

SANCTIONS 197

Useofthe telephone to furthercriminal activity.

198

Interfering with a staffmember intheperformance ofduties. (Conduct must beoftheGreatest Severity nature.) This charge is to be used onlywhen another charge of greatest severity isnot applicable.

199

Conduct which disrupts or interferes withthesecurity or orderly running of the institution or theBureau ofPrisons. (Conduct must be of the GreatestSeveritynature.) This chargeis to be usedonly whenanotherchargeof greatestseverityis not applicable.

A.

Recommended parole date rescissionor retardation

B.

Forfeitearnedstatutorygood time or non-vested goodconduct

a minimum institution with violence

103

Setting a fire (charged only when found topose athreat tolife or a threat ofserious bodily harm or furtherance ofa prohibited actof Greatest Severity, e.g. infurtherance ofa riot or escape; otherwise thecharge is properly classified Code 218or 329)

104

time (upto 100 %) and/or terminate ordisallow extra good time

Possession, manufacture, or introduction of a gun, firearm, weapon,

(an extragoodtimeor goodconduct timesanction maynotbe

sharpened instrument, knife, dangerous chemical, explosive orany

suspended).

ammunition.

105

Rioting

106

Encouragingothers to riot

107

Taking hostage(s)

108

Possession manufacture, orintroduction ofa hazardous tool (Tools most likelyto be used in an escapeor escapeattemptor to serve as

weapons capable ofdoing serious bodily harm toothers; orthose hazardous to institutional securityor personal safety; e.g., hack saw blade)

109

(Not to be used)

110

Refusing toprovide a urine sample ortotake part inother drug

B.I

Disallow ordinarily between 50and75%(27-41days)ofgood conducttime credit available for year (a good conducttime sanction may not be suspended)

C.

Disciplinary Transfer(recommend)

D.

Disciplinary segregation (up to 60 days)

E.

Make monetary restitution

F.

Withhold statutory good time (NOTE: can be in addition to A throi E - cannot be the only sanction executed)

G.

Loss of Privileges (NOTE: cannotbe the only sanction executed)

abuse testing

11 ]

Introduction ofany narcotics, marijuana, drugs, orrelated paraphernalia not prescribed for the individual bythe medical staff

II?

Use ofany narcotics, marijuana drugs, or related paraphernalia not prescribed for the individual bythe medical start

113

Possession ofany narcotics, marijuana, drugs, or related

CODE

PROHIBITED ACT

200

Escape from unescorted Community Programs and activities and Open Insh'tutions (minimum) and from outside secure institutions-

paraphernalia not prescribed for the individual by the medical staff

- without violence. 201

Fightingwith another person

Dismas Charities, Inc. Proprietary Information

Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010

SANCTIONS 202

(Not to be used)

203

Threatening anotherwithbodilyharmor anyotheroffense

204

Extortion, blackmail, protection: Demanding or receiving money or

anything ofvalue inreturn forprotection against others, toavoid bodily 12


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 15 of 62

GRIEVANCES

If you have a grievance of any nature, then your first action is to request a meeting with the Counselor for an attempt at an "informal resolution". You can begin this process by submitting an "Action Request" describing the problem, to the Counselor's attention. If the Counselor concludes the complaint has merit, a meeting will be scheduled with all parties concerned. After a careful analysis of all the facts, a decision regarding the complaint will then be made by the Counselor (and/or) Director/ Assistant Director and any appropriate r.orrer.tive action will he taken at that time. Always utilize the chain of command.

If an informal resolution cannot be reached, then you can file a grievance through the Bureau of

Prisons Adrhinistrative Remedy process on a (BP-9) form (Administrative Remedy) or Public

Law^pkseme\its through their respective US Probation Officer. j:arci

it any tiprfe, staff may conduct a search ofthe facility, your personal belongings, vehicles, or irpefson. You do not have to bepresent for staff to search your personnel property, vehicle, .Jor living area. Items that are deemed contraband will beconfiscated and destroyed and/or .donated to a local charity of Dismas' choice. They are not returned. Note: This includes ^authorized cell phones, electronic game systems, computers, etc. SMOKING

For everyone's health and safety, smoking is prohibited. This is a smoke free facility. All smoking products and accessories are considered contraband. This applies to all visitors to the facility. PHONE CALLS

There are pay phones available for your use between the hours of 6:00 am and 10:00 pm. There is a ten (10) minute limit on all telephone calls. You may not use Dismas business phones unless

approved by the Counselor (and/or) Director/Assistant Director. Staff will not take messages for you unless it is an extreme emergency or employment/program related. Any abuse ofthe telephone (including inappropriate conversations and language) will result in suspension ofyour phone privileges.

BEEPERS/PAGERS/UNAUTHORIZED CELL PHONES AND I -TOUCH/1PADS/PASS RESIDENCE PHONES/COMPUTERS: The use of beepers, pagers, or

unauthorized cell phones whether inside oroutside ofthe center is prohibited without the specific written approval ofthe Facility Director and the Bureau ofPrisons (BOP). Authorized beepers^ pagers, and cell phones must be left at their place of employment or for those residents on home confinement at their approved residence. Any resident found in the possession of one of

these devices, whether active or inactive, will receive a disciplinary report, andthe itemwillbe confiscated and not returned.

Resident who are requesting release residence passes must submit documentation each month in the form ofa phone bill that your release residence phone does not have the following disallowed 16


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 16 of 62

features: Call forwarding, three way calling, call message or answering service. Additionally, if your release residence is outside the local calling area to our facility, you must have the capability on your phone to call long distance. Acopy ofyour monthly phone bill will be placed in your file. Failure to provide your Counselor with this documentation will result inyour loss of pass privileges. Resident eligible for home confinement must use an approved phone company such as Bell South, Comcast or AT&T to be compatible with HC equipment. No exceptions.

While on pass, you are not allowed to utilize anv cordless phone. Contact with Dismas staff must always be done bya stationary phone. Remember: Dismas staff will berandomly contacting you during your pass. Should you be unreachable (unaccountable); you will be placed onescape status, and disciplined accordingly.

The use ofany computer internet service at anytime, without the approval ofyour Counselor (and/or) the Facility Director/ Assistant Director and in some cases the CCM orUSPO is prohibited. EMPLOYMENT

You are required to obtain employment within 15 calendar days after your arrival. Employment

is obtained through daily participation in our Job Search Program. If you are not employed

within 15 calendar days, you may be terminated from the program. If you pass your 15 day without securing employment, the Director will notify the CCM for a decision regarding your continued placement within the program.

Job search is conducted Monday through Friday, 8:00 am - 4:00 pm. A Job Readiness Class will

be mandatory, each week, for those residents who remain unemployed. All unemployed residents are required to seek employment during these above reference times. Failure to effectively look for employment will result in program termination. Attendance Verification Forms must be submitted to Staff upon your return from job search. These forms must be signed by any prospective employers you have contacted throughout the day.

Before beginning employment, you must provide the Employment Specialist and your Counselor with the following information.

1.

Company Name (must be alegal company which carries workers compensation and takes appropriate taxes from your wages)

2.

Physical Address (nota PO BOX or Route Address)

3.

Phone Number

4.

Immediate Supervisor

â&#x20AC;&#x201D;S-.

Work Schedule

6.

Full or Part-Time Status

7.

Salary and Pay Schedule (Can not work a commission only job)

Employment must be verified prior to your first day on the job. Your employer must be notified ofyour legal status and your secured employment must be full-time and meaningful to your program needs and programming objectives. Note: Dismas staff will conduct an on-site visit with you and your employer within the first seven days ofemployment. All changes ofemployment

~must-be4mmediately-reported-to-the-Employment-Speeialistand-your-Gounselor^-Any changesâ&#x20AC;&#x201D;

in jobs must be pre-approved by your Counselor and the Facility Director and/or Assistant 17


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 17 of 62

Any and all contact with Law Enforcement officials must be reported to your Counselor or Facility Director/ Assistant Director immediately. Ifaticket or summons has been issued, acopy must be provided to staff upon your return to the facility. This includes traffic accidents. Residents must remain arrest free to guarantee their continued participation in this program.

pSierimlst attend all required program meetings unless otherwise permitted to be absent from the Facility Director and/or Assistant Director, Counselor, or BOP. STAFF DIRECTION AND INSTRUCTION

Residents must obey all direct orders from staff. Residents will obey all orders and special

conditions imposed by the supervising authorities. Residents will follow all conditions set forth by the Individual Program Plan, supervising authorities and court orders. RECREATION

.

Recreational opportunities will be provided in-house. Recreation Hours: Male: Monday-Wednesday-Friday -Sunday 6a.m. until 11 a.m. Tuesday-Thursday- Saturday 6:30 p.m. until 8:00 p.m.

Female: Monday-Wednesday-Friday -Sunday 6:30 p.m. until 8:00 p.m. Tuesday - Thursday- Saturday 6:00 a.m. until 11:00 a.m.

Reminder: The dress code still applies to the recreation areas of the facility. No recreation will be allowed during meal or visitation hours.

Drs^^harities Dania Beach provides meal service for all residents In-House. Dining out

privileges, to non-alcohol service restaurants, will be approved on acase-by-case basis for those residents who are eligible for pass movement privileges. Areceipt from the restaurant documenting your purchases must be provided upon your return from pass. Note: Public Law, Pre-trial or CCC status Placements are not eligible for this privilege. TRANSPORTATION

,f

While indigent you will be provided bus passes, if needed. These passes are to be used for

program related activities only, and will only be given to you until you receive your firs paycheck. Ifyou choose employment which is not serviced by the bus line, or normal bus hours,

â&#x20AC;&#x201D;you are responsible fui vour cost and means oftransportation.

_

Ifyou wish to operate amotor vehicle while in the program prior approval must be obtained

The following paperwork must be submitted to your Counselor: Valid Driver sLicense, Current Driving Record; Valid Insurance with your name on the Policy; Current Registration. Additionally, if you are not the owner ofthe vehicle anotarized letter authorizing you to drive the owner's vehicle must be provided to your Counselor. Note: The car will be searched and inspected bv staffto ensure that the regtotiorijcard^ "car^heTcenTe and inspectic^tickeTare current. The Director approves the request and acopy 21


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 18 of 62

of our approved driving information is maintained in your file. Note: Vehicles may be used for approved work and program related activities only. Residents may not transport other residents. Ifresident are riding to work or program activities with family members or co-workers the driver must show a current drivers license, registration, and insurance policy to Dismas staff before the resident will be allowed to ride with this person and must complete and have approved by their Counselor, Director and/or Assistant Director the POV Form. SUPERVISING AUTHORITIES (This list is subject to change, so please consult the Resident Bulletin Board for the most update list of contract information)

Carlos Rodriquez, Community Corrections Manager (CCM) 401 N. Miami Avenue, Florida 33128

Phone (305) 536-4024

Leslie Castro, Management Center Administrator (MCA) 401 N. Miami Avenue, Miami, Florida 33128-1830 Phone (305) 536-6522

Cheryl Dennings, Community Corrections Regional Administrator (CCRA) 3800 Camp Creek Parkway, SW, Building 2000, Atlanta, GA 30331-6226 Phone (678) 686-1399 Jeff Anderson, TDAT

715 McDonough Blvd, SE Atlanta, GA 30315

Phone: (404) 635-5669

Raymond E. Holt, South East Regional Director (RD)

3800 Camp Creek Parkway, SW, Building 2000, Atlanta, GA 30331-6226 Reginald D. Michael, Chief United States Probation Officer (SUSPO) Tower 101 Building 101 NE 3rd Avenue, Suite 200, Fort Lauderdale, Florida 33301 Phone (954) 769-5508

FEDERAL RESIDENT LEVELS

.

.

.

Each level is based on aseries of goals (tasks) that you must complete and maintain dunng your

stay at Dismas. With each level oftasks and achievements, certain privileges are rewarded, which bring you closer to your goal of 100% re-entry back into the community. This level system is arewards system, based on your positive development and longevity in the program. It should be noted that not all residents will progress at the same rate or levels due to the seventy of their charges orthe level ofprivileges granted.

All pass movement requests for the week (church, social, release residence passes, non-

emergency medical treatments, etc.) must be submitted to your Counselor by 12 noon on Thursday. NO EXCEPTIONS! Home Passes will only be given to your pre-approved release address, which was signed off by the Supervising Authority. NO EXCEPTIONS! COMMUNITY CORRECTIONS COMPONENT:

LEVEL 1- This is the most restrictive level. Designation to this level is made by the BOP, the

~ColH^SFO~^"Facllit^

level are denied'access to the communiryâ&#x20AC;&#x201D;

except for employment, program needs, community service or emergency situations. Residents


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 19 of 62

DISMAS CHARITIES DANIA BEACH CONTRABAND LIST

Mouthwash orover the counter medications containing alcohol or Quinine unless prescribed by a physician, i.e., Tonic Water, Mineral Water, Vinegar

Prescription Medications and over the counter medications that contain a narcotic, sleeping aid, stimulant, orother over the counter medications not approved by policy.

Weapons (includes knives ofany kind, or pointed scissors or fingernail clippers with asharp file orknife attachment, firearms, box cutters, loose razor blades, pepper spray, or any other device which could be used as a weapon).

Food or Beverages outside the Dining Room. Food orbeverages containing poppy seeds.

Computers, Blackberry type hand-held devices, typewriters with memory, TV/VCR, I-Touch, I-Pads, DVD's/Video Game Equipment, and Tape Recorders. (Includes video games &Tapes) Personal fans or heaters Credit cards

Cameras or any video recording devices Extension cords, multi-plug devices Tools

Gambling devices, to include lottery tickets, tip boards, dice, track tickets, etc. Alcohol, narcotics, vinegar, golden seal, over the counter inhalers, or controlled substances Paint

Non-issued: locks, linens, blankets, pillows, mattresses or mattress covers

Glue and any other solvent type products, to include White Out Aerosol spray, candles, incense

Tobacco products smoke and smokeless Condoms

Pornographic material

y item containing the following words on the label: Warning, Toxic, Danger or Flammable

Ik

Jnauthorized: Beepers, pagers, cellphones (either active or inactive) Possession of another residents' property, whether bonowed, loaned, or otherwise Tattoo making equipment and supplies

Cardboard boxes orplastic bags, stuffed animals, plastic waste baskets orbags, shoe boxes. NOTE- ANY CONTRABAND ITEM THAT IS CONFISCATED WILL NOT BE RETURNED. IT WILL BE DISPOSED OF. NO EXCEPTIONS!

29


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 20 of 62

Dismas Charities Dania Beach

Rules and Regulations As a resident of Dismas Charities Dania Beach you are expected to read (or have someone read to you) the following rules. You are also required to abide by the rules while residing in Dismas Charities Dania Beach. Please advise staff of any questions you may have regarding the rules. 1. Accountability

(a)

(b)

(c) (d)

(e)

(f)

(g) (h)

Residents are required to digitally sign out and in when leaving and returning to the Center. Residents must have a staff member digitally acknowledge each time they leave and return to the Center. Residents are responsible for knowing their return time; they are to get a return time from staff prior to leaving the Center.

Residents are not permitted to be late returning to the Center. Requests for time extensions must be made prior to the assigned return time. Employer/supervisormust call if extension is for work purposes. Residents must call the Center and receive permission prior to making destination changes. Center Staff must approve all destinations. Residents must return directly to the Center after work, church, appointments, etc., regardless of the time; even if there is extra time.

Residents must be able to be reached via telephone while out of the facility, Call forwarding, three way calling, and answering services are prohibited. Residents are not allowed to sign out to destinations that receive these services; and, residents are not to use these services, in communication with Center Staff. ing Privileges

esidents must obtain written authorization from Dismas Charities Director

and/or the appropriate Supervising Authority prior to operating any vehicle. Vehicles may be used only to go to and from work, training, approved programming and school. Dismas Charities Staff and/or Supervising Authority must approve use nf a vehicle, for any other purpose. Residents must maintain liability insurance, registration, and a valid driver's license. Proof of all must be submitted and maintained throughout one's residency.

Residents are required to submit to a search of their vehicle by staff at anytime.

Dismas Charities, Inc. Proprietary Information Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 12-09

HhUA X


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 21 of 62

(e)

All lights and electrical equipment must be turned off when a dorm is unoccupied.

(f)

Residents may go outside in the recreation areas at the assigned times only.

(g)

Gambling in any form is prohibited.

(h)

Residents may not visit any destination whose primary business is gambling, alcohol, or pornography.

6. Contraband

(a)

Alcohol, narcotics, controlled substances, fire arms, gambling paraphernalia (including lottery tickets), pornography, incense, and anything listed on the Dismas Charities Contraband List are not allowed on Dismas Charities'

property. Possession of any of the items by a Resident is prohibited. A complete contraband list is included in your Resident Handbook and posted on the Resident Bulletin Board.

(b)

Residents are not to consume or use any product that may contain poppy seeds, illegal substances, alcohol, Quinine, etc. unless prescribed by a physician.

Use or possession of any unauthorized pagers and cellular telephone quipment (to include charges) is not permitted. The Supervising Authority ust approve use of these devices. If approved, they are not permitted on the premises of Dismas Charities. Residents are not to associate with anyone who may be carrying a firearm and/or any illegal material. 7. Program Requirements

(a) (b) (c) (d)

All residents must arise by 6am. Residents who work 3rd shift will be permitted to sleep for 8 hours. Residents may not leave the Center prior to 6am unless for work or other approved programming purposes. Residents must submit to an ALCO (breathalyzer) test and/or drug screen when requested by Staff. Subsistence must be paid on residents' payday, unless other arrangements have been made with the Director.

(e) (f) (g) (h) JT)__

Fraudulent use of the Dismas Charities' food program is prohibited (this includes giving meals to others). Residents must eat the meals they sign for at the designated times. Residents will obey all orders imposed by their Supervising Authority. Residents will abide by conditions set forth in their Individual Program Plan. Residents will abide by all conditions set forth in the Resident Handbook.

Dismas Charities, Inc. Proprietary Information Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 12-09


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 22 of 62

(j)

Residents must attend all required meetings, groups, and/or classes as scheduled,

(k)

Residents are to read the bulletin board daily as they are responsible for the information posted.

(1)

No resident may enter into any contract without prior approval from the Director.

(m)

Residents will act in an orderly manner during emergency drills. Failure to evacuate in 3 minutes or less is prohibited.

8. In House Visitation

(a) (b) (c)

(d) (e) (f) (g)

Visitors may visit only during designated times. Items may be left for residents only during visiting times. Residents are responsible for the conduct of their visitors (To include dress) Note: Staff may ask visitors to leave if behavior is inappropriate. Residents are to clean up after their visitors. Visitors are not allowed in resident rooms. Physical contact must be limited to that described in the Resident Handbook.

Ex-residents and convicted felons are not allowed to visit residents without special permission from the Director and the Supervising Authority.

9. General Conduct

(a) (b) (c) (d)

Residents are to treat all Staff and other residents with respect. Residents will not lie to Dismas Charities Staff. Residents are to obey all direct orders from Staff. Double asking is prohibited - meaning once a resident asks one staff member permission for a desired activity and receives an answer, they are not to ask a different staff member the same question for a more desirable answer

(e)

Use of profanity is prohibited.

(f)

No resident may have authority over another resident; harassment in any

(g) (h)

Personal relationships and physical contact between residents is prohibited. Residents are not to go anywhere together without permission from the

form is prohibited.

Director,

(i) (j) (k)

Residents are not to associate with former residents, Residents are to be fully clothed in the Center Residents must remain arrest free. Any contact with legal authorities must be reported to Staff immediately.

_QX_JRfisideBt§_ar£jg^^ Dismas Charities, Inc. Proprietary Information

Dismas Charities DaniaBeachOperations Manual - Reviewed/Revised 12-09


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 23 of 62

(m) (n)

Residents are to remain in their dorm when the house is closed. Any business outside the room must be taken care of prior to the house closing, Residents must respond and be in their rooms during standing headcounts, next to their beds,

(o) (p)

Residents are not allowed in unauthorized areas. Residents will not falsify, destroy, or alter records or documents, including time cards,

(q)

Residents will not vandalize or destroy Center property. Center property is not to be taken out of the Center for any reason,

(r) (s)

Food and drinks are not allowed in resident rooms, No outside food is to be brought in the facility by residents. Visitors may bring food in during visiting times,

(t)

Tobacco products are not to be used in the Center the Center vehicle or on property,

(u)

Residents will not jeopardize public safety in any way, while in the Center or in the community,

(v)

Any activity or behavior not specifically listed in these rules which Staff consider to violate the intentions and goals of the Dismas Charities Program;

endanger the security of the facility or its residents; or creates hostility or disorder among residents or staff is prohibited. 10. Medication

(a)

Residents must inform Dismas Charities Staff of any prescribed or over the counter medication they are taking.

(b)

All prescription medication must be turned in to Staff. The Director will determine if the resident may keep the medication in their possession.

(c)

Medication approved for the SAM program must be kept LOCKED up in the resident's locker, The SAM form must be taped to the inside of the locker door.

(d) (e)

Residents must take medication as prescribed. Over the counter medication containing sleep aids, alcohol, or stimulants is prohibited.

Sanctions:

The imposition of sanctions is based on the severity of the violation. Resident attitude and previous violations are also considered. At the discretion of Staff, a verbal or written warning may be given for^ninoj:, first time violators. Sanctions imposed may include, but are not limited to: (1)

House Restriction

Dismas Charities, Inc. Proprietary Information

DismasCharities Dania Beach Operations Manual - Reviewed/Revised 12-09

.


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 24 of 62

Room Restriction

Extra Duty Details Loss of Privileges Termination from the Program Any Other Sanction Deemed Appropriate by Counselor and/or Director

Dismas Charities, Inc. Proprietary Information

Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 12-09


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 25 of 62 Dismas Charities. Inc.

Receipt of Rules - Federal Facilities

Ihave received a copy of the Federal Prohibited Acts dated &'/ / ^O/O. Ihave read them, or had them read to me. I understand them and I agree to abide by them. I am aware that a copy of the Federal Prohibited Acts is posted on the Resident Bulletin Board. I am also aware that these rules are reviewed and subject to change. /)

Resident Signature Q j

, *

Date

/

/

/ i

StaffStgpature//,

Date

/^J^-

7/28 fa

have received a copy the Dismas Charities Rules, Regulations and Minimum jpy pf pt tne ui 'O . I have read them, or had them read to me. 1 understand

Restrictions dated

them and I agree to abide by them. I am aware that a copy of the Dismas Charities Rules, Regulations and Minimum Restrictions is posted on the Resident Bulletin Board. I am also aware that these rules are reviewed and subject to change.

Re'sident Signature -n

t *

Date

0Z/<z4J2o/o Date

!Ss^4^

m

7/2ÂŁ //a

ffl^

PrintNamef^^if^â&#x20AC;&#x201D; title Qitie/ewt

dci215fed RsviS9d 11/30/04

Title /z.

Page 1 of 1


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 26 of 62 Dismas Charities, inc.

Conditions of Residential Community Programs Residence

I, TiHftfiH Jhl&hu/efflLf

(RegisterNumber) f&ST-OOf'

hereby authorize employees of the Department of Justice and employees of any facility contracting

with the Department ofJustice to release any orall ofthe contents ofinformation in my inmate central file to educational facilities, social agencies, prospective employers, etc., for the purpose of

assisting in all phases ofcommunity programming and release planning. Ialso authorize the above

person to advise prospective employers that Iamcurrently in the custody of the U. S. Attorney General serving sentence or under the supervision of the U.S. Parole Commission or U.S.

Probation Office. This consent will remain in effect until my release from supervision or until revoked in writing by me. Revocation of this authorization may result in my removal from a community-based correctional program.

I understand that while a resident of a community corrections center (CCC) or work release program Iwill be expected to contribute to the cost of my residence through payments to the contractor and Iagree to make such payments. I understand thatfailure to make payments may result in my removal from a community-based program. (Not applicable for MINT referrals). I understand that urinalysis or other Bureau of Prisons authorized testing to detect unauthorized drug or alcohol use may be required as a condition of residence in a community corrections center or work release program, and ifrequired, I agree to submit to such testing. I understand that ingestion of poppyseed products may result in positive test results for unauthorized drug use and is therefore prohibited.

I understand that I am expected to assume financial responsibility for my health care while I am a resident of a community-based correctional program. Should I be unable or unwilling to bear the cost of necessary medical care I understand that I may be transferred to a suitable institution or

facility, at the Government's option, to receivesuch care. I understand that no medical care may be provided to me at the government expense without prior authorization of the Bureau of Prisons.

I understand that I may be required to cooperate with substance abuse assessment and participate in any treatment recommended as a result of assessment.

I understand that I may be required to abide by the conditions of supervision as imposed by the sentencing court or the U.S. Parole Commission, including the payments of fines and restitution and to follow the instructions of the probation officer as ifon supervision. I understand that upon arrival at the community corrections center I may be initially placed in the restrictive Community Corrections Component for a period of orientation. In this component, I will be expected to remain at the CCC unless authorized to leave for employment or other authorized program purposes. Additionally, I understand that social visits and recreational/leisure activities will be confined to the CCC.

/ Iunderstand that while a resident of a community mrrfirtinns ranter nr wnrk releasR program, Iwill \/ be required to abide by the rules and regulations promulgated by such program. For MINT referrals, I understandthat I or the guardian shall assume total financial responsibility for my child's care while am a resident of a CCC. Should I or the guardian be unable to or unwilling to bear my child's financial cost, I will be transferred back to my parent institution immediately. I understand that no financial support will be provided to my child by the Bureau of Prisons.

dci228 Revised 07/01/03

Page 1 of 2


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 27 of 62 Dismas Charities, Inc.

Conditions of Residential Community Programs Residence

Part II

In the event that Iam approved for home confinement, I agree to abide by the following conditions related to my legal participation in home confinement.

understand my participation in home confinement will be an alternative to placement in a CCC for o more than the last six months or 10% of my sentence, whichever is less. I am aware that I will remain legally in the custody of the Bureau of Prisons and/or the U.S. Attorney General and that failure to remain at the required locations may result in disciplinary action and/or prosecution for escape.

I agree to report to my assigned probation officer or the contractor's facility immediately upon reaching my release destination.

I understand that ifIdecline to participate in the recommended home confinement program I may face administrative reassignment out of the community corrections program.

I agree that during the home confinement period, I will remain at my place of residence, except for employment, unless Iam given permission to do otherwise. I also understand that I will be required to pay the costs of the program based upon my ability to pay.

I also agree to maintain a telephone at my place of residence without "call forwarding", a modem "Caller ID" or portable cordless telephones for this period. I also agree that if my confinement is to be electronically monitored, Iwill wear any electronic monitoring device required, follow procedures specified and not have "call forwarding" on my telephone.

Resident Printed Name

T&fi/frt BUfr3"*tef/-/ÂŁf Staff Printed Name

ent Signature

Date

wvr&f 4j^a& <ay<

^/<fo^_

Staff Signature*

,/

97/2J/20/G

Date

~?/z0//O

Print Name 7##fly S^u^MAfr

3rint Name &u,.<i,<*.

Signture u/^'QU^Wu^^_

0

iitle

ÂŁ*,o* z^

/2

(ATi

(The contents of this form are derived from Federal Bureau of Prisons form BP-S434.073 COMMUNITY BASED PROGRAM AGREEMENT dated Dec 98)

dd228 Revised 07/01/03

Page 2 of 2


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 28 of 62 Dismas Charities, inc.

Consent to Disclosure of Information

, hereby consent to the release of information

deemed necessary fo fo respond to to all all request(s) for information from persons seeking information from my resident file relating to employment placement, resident placement, community supervision, or other necessary aspects of release planning. Resident Signature

2£>A?

Staff Witness Signature jftature/^iC

K_^Dili

^^J^-

~?/ZjL

7/^ /a

CLOTHING RELEASE - ACKNOWLEDGEMENT BY RESIDENT

I authorize Dismas Charities Staff to release all my personal belongings to the following person(s) in situations where Ican not personally retrieve them. If not retrieved in seven days, I authorize Dismas Charities Staff to dispose of them. I understand that my personal belongings will not be released until I have returned all property of Dismas Charities, Inc. Name

Phone Number

MAtit^ nu$W£t/Sk Address, City, State, ZIP

ResidentSignatur^^^^/^^^ \™* &?/22/&J3 -7/?<0//*

Staff Witness Signature

Date

MEDICAL CARE AND HEALTH SERVICES - ACKNOWLEDGEMENT BY RESIDENT

A. I will not seek non-emergency dental or medical care without the advance approval of the CCM (federal only) or the Facility Director. B.

C.

Ifurther understand that if I require emergency medical care, I will make every effort to utilize the facility listed below with which arrangements have been made by the staff. II understand that no medical services may be rendered at government expense without prior authorization.

D. Hearth facilities to be used in emergencies:

ResidentSignature^/^^^.^^^ •pat, fiyfa/^ Staff Witness Signature

dcl206

Revised 07/01/03

Date

Signture ///U7fxa/rs^lf/aa^^ Titled si&fckt

Print IfamSuwe a«^ HygjM?oi 'i

mure

Title /? ?y\

'^


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 29 of 62 Dismas Charities, Inc.

Release of Information Consent Form- Employment / Release Planning Facility-' —/ -^

fry

Date of Inquiry for Information:

Any time while a resident at Dismas Charities

Person Requesting Information:

Any Prospective or Current Employer

Organization:

Dismas Charities, Inc.

Specific Information to be Released: Case file material relevant to employment including work history, offence, legal status, periods of incarceration, recommendation of staff, etc.

Purpose or Need for Information: So that Dismas Charities staff may give information to prospective employers who are considering hiring a resident and so that Dismas Charities staff may verify current employment.

Register Number

Expiration of Consent

Resident Signature « .

Staff Signature

£^4

Date

97/al^/o

Date

~?/2.& //O Note: All Information disclosed Is limited by confidentiality requirements in regard to the Privacy Act of

iau- Print Name%afe?//Mktutewv

Signture {on/a* /£*'ai>«** Title feK/eui dci225 Revised 07/01/03

Print Name^w^^^r Signture/^ Title ^rn Page 1 of 1


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 30 of 62 Dismas Charities, Inc.

Hazard Communication Training Facility

&^ Resident lent Name

Registration Number

I acknowledge that I have received training in the requirements of the OSHA Hazard

Communication Program on

7 / 2<S / /a . Ihave been made aware of the location(s)

of all Material Safety Data Sheets (MSDS's), for those products requiring them, in this facility. Further, the following items have been explained to me:

The proper handling, use, and emergency procedures for each chemical product purchased for use in this facility;

The requirements of how chemical product(s) will be issued, inventoried, and controlled;

The need for all remaining chemical products issued to me to be returned to staff;

All empty containers in which chemical products were issued need to be returned to

staff at the end of each usage for proper storage (i.e., inventory and control) and/or disposal, if needed.

</^#xybf>tf*

Resident Signature

Date

aviSD/L^,

A' Staff Signature

Date £-<

S€lUt_

Title fietfcfe*^

07/2^J^O/O

7/lt//*

Slgntur fitle a^

dci243 Revised 07/01/03

Page 1 of 1


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 31 of 62 Dismas Charities, Inc.

~

Receipt of Personal Property / Contraband List

Receipt of Personal Property List

\7XfiTM &w>ui*#//<<

nave received

Persona. Property List.. understand that this list contains the maximum!number an!J type of S ZS!^thereWi a"0Wed to thisn° >ater ,ist- AnV p'opeCr p?oP^ IM UndP^nH?hTVed,lHK^n°me6XCepti0nS °r my rePresentative thanexcess 24 hours afteTrecent offhis each item of personal property Iam permitted to possess while at a Dismas Charities Center I

iniL 6XC!lSbyPr°Perty Pr°perty not ,istedof.which is in lhe facility after the initial Z 24 2? hours will•^be any removed Dismas °r staff and disposed

^nt°0rJnMewrS!and PerSOn,alproperty Pr°pertyregardless wi" be stored in a<*ordance withstored Dismas Charities Center guidelines."? Any*"personal of quantity or type not in acco dance w.th these guidelines will be considered excess property and removed by Dismas staff Resident Signature 0

~

Date

a StaffSignature

Date

>SC

?!&)*2o/D 7/2g> [

Receipt of Contraband List . have received a copy ofthe Dismas Charities Contraband Listffierstandthat all items on ihis^Ta^for^dVn mZSSZoESL ,—g-eflgf.. '"any Dismas Charities Center vehicleoronPismas Charities Center prope "•"'"•>

»^"« ">'u»o »j>i die lorrjiaaen in tneuismasC

\ ""derstand hat if IafrTTourTd to be In^ossessiolToTanyTtuiii un lliib IIU, the Hem wrtTBe \ confiscated from me and disposed of by Dismas Charities staff. Ialso understand™ atff found to be in possession of any item on this list Iwill be subject to disciplinary action. \cejjueiu oignaiure.-i

/

Date

am

07/<&)2oio\ -7/2A//0

Print WimiWtiM bobusteffl*

Print Name^^r &.^

Signture

Title fatftfewt'

Title

£=?>

dci263

Revised 07/01/03

Page 1 of 1


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 32 of 62 Dismas Charities, Inc.

Resident Employment Orientation Form

Resident Name

«•

Date

W/zilto/o

Time

<zo:3D

Each resident will be thoroughly oriented to the following: • •

Intake / Individual Employment Data Work Entry Programs / Job Skills Group

Inter Agency / Referrals / Vocational-Rehabilitation / Dept. of Employment Services

• •

Employment Contacts / Forms / Verification On-Site / telephone job verification contacts

Verification of wages / Pay stubs

Notification to supervising authority of 15 day unemployment status

• •

Incident / Disciplinary Report Job Search / Summary Review Conference

I have had the above orientation. I was allowed the opportunity to question and receive clarification on all Employment Program Policies and Procedures and now understand them. Resident Signature Q

j

Date

OIJZZUO/O

Idiscussed and explained to the residentthe above orientation and allowed him the opportunity to question and receive clarification on all Employment Program Policies and Procedures. Staff Sii

Print Name T&ffm &xjdui/ap7*

%tim^m7au^/#/u<se>L. Title jZotfe/en^—

Date

7/20 //o

Print Name %u^it fiesta

3igntur|^C^L__ Titte

dci214

Revised 07/01/03

/?-/*

Page 1 of 1


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 33 of 62 Dismas Charities, Inc.

Financial Responsibility Agreement Federal

I understand that once I obtain employment and/or am in a earning capacity, I must pay subsistence to the Federal Bureau of Prisons in the amount of 25% of my gross income. I agree to pay this subsistence to Dismas Charities on a weekly basis, each and every Friday by 8:00 PM. I also understand that at the time of paying subsistence I must submit a pay stub and report all financial earnings to my Counselor. Documentation of those earnings will be submitted to my Counselor as well. I understand that failure to meet financial obligations during my residency will result in disciplinary action.

In addition, I understand that my last week of subsistence is due the Friday before my release. Failure to do so will result in loss of all privileges, and an Incident Report will be initiated, which will result in a possible delay of release date. I also understand that I must open a savings account and maintain a minimum of 10% of my net earnings in that account. I agree to make these deposits on a paycheck by paycheck basis. If I cannot open a savings account, I will seek out an alternative savings method with my Counselor. I am also aware that I may not withdraw any money from my account unless authorized by my Counselor.

* sident Signature^ Staff Sig

Date

Q7/&)2>/e?

Date

~>/i gA

Print Name iTfoVM ÂŁhJM4&/JÂŁ<

Title i&U^e^/- -

dd210fed Revised 07/01/03

Print Name 6^/7/g G^h

Signture A

fin

Page 1 of 1


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 34 of 62 Dismas Charities, Inc.

Acknowledgment of Custody

Public Law 89-176, 89th Congress, H.R. 6964, September 10, 1965, amends Section (d) of Section 4082 of Title 18, United States Code as follows:

"The willful failure of a prisoner to remain within the extended limits of-riis confinement, or to return within the time prescribed to an institution or facility designated by the Attorney General,

shall be deemed an escapee from custody ofthe Attorney General, punishable as provided in Chapter 35 of this title." ACKNOWLEDGMENT OF CUSTODY

I understand that I am in the custody of the Attorney General of the United States. I further understand that leaving the Residential Center without permission from the Center Director or

his/her authorized representative, shall be deemed an escape from the custody of the Attorney General. Ialso understand that leaving my place ofemployment or training, without permission from the Center Director or his/her authorized representative, or failure to return to the

Residential Center within the time prescribed, shall be deemed an escape from the custody of the Attorney General of the United States.

I do hereby acknowledge that I fully understand this law.

This is the <ÂŁ8 urey

Resident Signature

day of A1*- y \

~Q

,20 ID.

T~Z

Staff Sign

Siqnture ^/Ta/ak A^'cCwr**^ Title ÂŁerfe/etr-i-

dcl242 Revised 07/01/03

Print Name^'rtn'C

(^cjfy-n

\^-J^~ fitle

/2- r*n

Page 1 of 1


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 35 of 62 Dismas Charities, Inc.

Check-In Form

Resident Name

. .

Facility

EcM

The following items were issued to the above named resident upon his or her arrival. It is agreed that all items will be returned when he or she departs from this Dismas facility. Quantity

Value ($)

Item

Issued

Turned-in

Lock

5.00

dl

D

Pillow

7.50

d-

Pillowcase

2.00

d

tf jzr

£f vr

Sheets

each 4.00

Blanket or Bedspread

12.00

Washcloth

1.00

Towel

3.00

Mattress Pad

Laundry Containers

• •

10.00

jr

a

8.00

ur

I understand that ifany of the above items are not turned in, Iwill be personally responsible for reimbursing Dismas Charities, Inc. for the dollar value of any item not returned to Dismas.

ResidentSignaturcy^^ ^J/j^^r Datt*

Staff Witness Signal

Date

f)?J^/2o7^

Hm\?oib

Print Name^^y &4dus&fM

yv7/<f Cr,csl-osi

Siqnture^Vv^ £&«/cfic*/eek *> ? Title Q^i^en-i

dci204

Revised 07/01/03

/£_/r)

Page 1 of 1


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 36 of 62 Dismas Charities, Inc.

Resident Orientation and Acknowledgement Form Facilittj'

.

X2*"7/* rzA

\rmw &ta^ ^wcTT^T^/.zs>/<?

Time

Zo\3o

Each resident will be thoroughly oriented to the following: Program Goals / Staff Expectations

Program Services Available

Community Services Available Special Aftercare Conditions

Individual Program Plan / Changes Program LevelAdvancement

Work Detail Assignments

Timecard Procedures

Escape Policy

• Financial Responsibility

Legal Status

Eligibility For Discharge ConfidentialityOf Information Resident Rights)

• •

Disciplinary Actions Emergency Plans / Drills •

Fire

Severe Weather

• •

Disaster Emergencies Medical Back-Up

Hazard Communications

Room Inspections

Subsistence

Savings Accounts Budgets

Resident Bulletin Boards Wake Up

Food Service Program

Recreation

Medical Care/ Health Services

Medication

• Over-The-Counter / Prescription

• Medication Call (SAM) • Urine Surveillance Policy

Contraband Policy/ List Searches

• •

• Restitution / Fines / Child Support

Resident Grievances / Admin. Remedy ^3 Program Rules / Restrictions -

Personal Property List

• Linen Exchange And Laundry Facilities

Emergency Clothing

Transportation Assistance

• Authorization To Drive Policy •

Visitation

And Procedures and now understand them

clarification of all Program Policies

In addition, Ihave received and read the following program statements: 1. Sexual Abuse /Sexual Assault Policy

2. Resident Suicide Prevention / Intervention Information Sheet

•i. Blood Bourne Pathogens and Universal Precautions (HIV /AIDS) Residepr'Signaturav .

-/

<€/£/q<f&^

Date

P7/2lJjolo_

s^jss^zsssssrStaff Signature

HS5£r

Date

,

7/£l/

dci223

Revised 09/30/04

Page 1 of 1


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 37 of 62 COF

BP-S0434.073

NITY BASED PROGRAM AGREEMEF

cdfrm

JUL 08

FEDERAL BUREAU OF PRISONS

U.S. DEPARTMENT OF JUSTICE

Register Number, 80655-004 Traian Bujduveanu / hereby authorize employees of the Department of Justice and employees of any facility contracting with the Department of Justice to release any or all of the contents of information in my inmate central file to educational facilities, social agencies,

prospective employees, etc., for the purpose of assisting in all phases of community programming and release planning. I also authorize the above persons to advise prospective employers that I am currently in the custody of the U.S. Attorney General serving sentence or under the supervision of the U.S. Parole Commission or U.S. Probation Office. This consent will

remain

in effect until

my

release

from

supervision

or

until

revoked

in writing

by

me.

Revocation

of

this

authorization may result in my removal from a community-based correctional program. I understand that while a resident of a residential reentry center or work release program I will be expected to contribute to the cost of my residence through payments to the contractor and I agree to make such payments. I understand that

failure to make payments may result in my removal from a community-based program (Not applicable for MINT referrals) . I understand that urinalysis or other Bureau of Prisons authorized testing to detect unauthorized drug or alcohol use may

be required as a condition of residence in a residential reentry center or work release program, and if required, I agree to submit to such testing. I understand, that ingestion of poppy seed products may result in positive test results unauthorized drug use and is therefore prohibited.

for

I understand that no non-emergency medical care may be provided to me at the Bureau's expense without prior authorization of the BOP. I understand that, as part of my transition to release, I am expected to assume increased responsibility for

my health care while I am a resident of a community-based correctional program. I also understand that I may be transferred by the BOP to a suitable institution or facility at the Bureau's option for medical care should the Government deem it necessary.

I understand that I may be required to undergo clinical assessment and may be required to participate in treatment', e.g. mental health/psychiatric treatment, substance abuse treatment, sex offender treatment, recommended as a result of the assessment.

I understand that failure to abide by treatment program recommendations may result in my return to a secure

facility.

I understand that I may be required to abide by the conditions of supervision as imposed by the sentencing court or the U.S. Parole Commission, including the payments of fines and restitution and to follow the instructions of the probation officer as if on supervision.

I understand that upon arrival at the residential reentry center I may be initially placed in the restrictive Community In this component, I will be expected to remain at the RRC unless Corrections Component for a period of orientation. authorized to leave for employment or other authorized program purposes. Additionally, I understand that social visits \d recreational/leisure activities will be confined to the RRC.

understand that while a resident of a residential reentry center or work release program I will be required to by the rules and regulations promulgated by such program.

abide

For MINT referrals, I understand that I or the guardian shall assume total financial responsibility for my child's care while I am a resident of a RRC. Should I or the guardian be unable or unwilling to bear my child's financial cost, I will be transferred back to my parent institution immediately. I understand that no financial support will be provided to my child by the Bureau of Prisons. PART

In the event that I.am approved for Home Detention,

II

I agree to abide by the following conditions related to my legal

participation in H6rag_Detention. I understand that my participation in Home Detention will be an alternative to placement in a RRC for no more than the last six months or 10% of my sentence, whichever is less. I am aware that. I will legally remain in the custody of the Bureau of Prisons and/or the U.S. Attorney General and that failure to remain at the required locations may result in disciplinary action and/or prosecution for escape.

I agree to report to my assigned probation officer or the contractor's facility immediately upon reaching my release destination.

I understand that if I decline to participate in the recommended reassignment out of the residential reentry program.

Home Detention

program

I may

face

administrative

I agree that during the Home Detention period, I will remain at my place of residence, except for employment, unless I am given permission to do otherwise. I also understand that I will be required to pay the costs of the program based on my ability tb pay.

â&#x20AC;&#x201D;

â&#x20AC;&#x201D;

I also agree to maintain a telephone at my place of residence without "call forwarding," or "three-way calling" for this

period.

I also agree that if instructed to do so, as a condition of Home Detention, I will not have access to a computer

with a modem or other .device for accessing the internet.

monitored,

I also agree that if my confinement is to be electronically

I will weapjany electronic monitoring device required, follow procedures specified,

and comply with any

telephone and computer access restrictions as they apply to the monitoring device requirements. Traian Bujduveanu "nate's Printed N;

1//Q{0^A^/dui/^ci^k

A^-io

D. Beasley-Knigh Witness' Printed Name-and Signature Record Copy - CCM;

Copy - CCM; Copy

(This form may be replicated via UP)

Date

Central

File

^vhvVv T

Replaces BP-S434.073 dtd DEC 98


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 38 of 62

CONDITIONS OF HOME CONFINEMENT Register Number -t-

T

-_

_

-•

- -

1. Iwill reside at my approved residence at5^0 \ \A| TV--. , J Ck\ I Ol- •'

$<%S5-06

IV

2. I will conduct myself ina lawful manner.

'

for this period and will, when requested, provide copies ofmXnZe hi^Tr .I I°* P°mble COrdless tdePhone

7^

4. Iwill accept the visits ofCCC/Probationpersonnel to myjob site and home.

yj)

'5. Iwill return to the CCC/Probation at lease

QX

.weekly for routine progress reviews and program

participation, and more often ifinstructed to do so.

-p * I™11°°,°™»p-«-"y*.*ywe.po»otta„™Elybeinth„ompanyofapmoiipossess.n8the!imc will rpmain pfoo^.'l,, «~_t f3fX 7.7. TIwill remain steadily employedj at_,

|U 14

.and will not change employment

without prior approval ofCCC/Probation staff. ,

TP " LIS"0™* aSSOd"tt ™'h "™h™*' <™>•»* « fteqM p„ces where il^, aclivifa «

T>J^g^SSgr^04'"i"™fa«"**~<""-*»le,cep, fa employmnl, u„,c! -• Iwill not won or drivej^notorvehicle withoutCCM^Jmva

\ ."•|"!!'M°tySPeda' inSttUC,i0"S EiVm"™bj* CCC/P'°talta- ("•• **»*moni.0^ progIlmparticipation: 14. I will submit tu miimlysis oralcohol testing as requested hv ihP rrr/P^ ,• T—:

r~f2; fl

14. I will submit tu minalvnte nraln^h^i *„.,*:

. .,—-.—

foodproductsmayrcsultinpositivetestreLtsf^n^ f I 15. Iagree to pay subsistence for the cost ofmy participation in Home Confinement.

<f& 16. Iunderstand that Iam personally responsible for all costs of my housing meak a„H. medical care, while Iam on Home Confinement.

i u•

g 6ral subsistence> including

I fully understand that willful failure to report as reciuired unauthnrivprf „i <• •_, failure to otherwise inform Center staffof myywnereauouts, wn3£ cou.fconsUtnf "f^ emP,0*ment< could constitute^^escape from federal custody.or Resident's Signature/ „ i^ ' \T~Z:

1/XkCh<

Approved (CCC Director)

; i/

h-^tTttWf—^

Date

C^t £••

J5

/T

o

)

-/-

^W^


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 39 of 62

HOME CONFINEMENT SPECIAL CONDITIONS

RESIDENT'S NAME^,\Aui/eA/Mi I~Tra:*n

1_REG. # ^oUSS-ooq

^ I understand that I amrequesting to be placed on home confinement. I know that I must adhere to all of the rules stated in the Bureau of Prisons Conditions ofHd.me Confinement form as well as all of the policy and

procedures and rules and regulations of the facility. Iwill return to the center at least twice aweek for routine progress reviews and program participation, and more often ifinstructed to do so. .

Date Prepared: *? 11Q[ 10

Resident's Signature: / /jM'Qfa Z/^/CtU

â&#x20AC;˘yj2^-*-<.

Counselor's Signatu

Effective Date:

A

Date:

' j f -> I <O

Approveji-fD) Disapproved ( )

Director's Signature

Residents file file

a Date:

/Etl^

Q/^<5/ÂŁ>'

^hol 10


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 40 of 62

can.initially be assigned to this Level for a specific number of days, then depending on their adjustment. may be transferred to Pre-release component. Other residents are designated CCC status entire stay bv CCM office. RESPONSIBILITIES-

1. You must diligently search for employment Monday through Friday until you have secured employment. One job search site daily. 2. You must obtain full-time employment within 15 calendar days of your arrival. 3. You must maintain full-time employment 4. You must call the center when you get to work and prior to your return. 5. You must follow your Individual Program Plan

6. You must attend and participate is required program activities to include journaling and 12 hours of life skills.

7. You must maintain clean living quarters 8. You must complete assigned work details 9.

You must maintain clear conduct

10. You must pay subsistence on time and open savings account and make deposits of at least 10% of your net income each pay day. 11. You must begin to pay toward your Court Ordered fines and restitutions and any other Court Ordered obligations: Example: Child Support, garnishments, etc. 12. You must develop a budget with your Counselor 13. You must remain alcohol and drua free

PRIVILEGES-

1. You vvill be able to access emergency medical care and programming appointments in the community as approved by the BOP, your Counselor (and'or) Facility Director/ Assistant Director, or USPO. (Receipts must be submitted to staff for all appointments, social utings, etc.) ou will be able to attend weekly church services, as approved by your Counselor, aximum of (3) hours per week including travel. Church must be within (5) miles of the

facility. (Church Bulletin and a completed Church Report'Form must be provided upon our return back from the facility) Note: Exceptions to the (5) mile rule vvill only be made when your stated denomination of worship can not be located within five miles of the program. You will be able to participate in visits pursuant to the posted visitation schedule You vvill be allowed out of the center one time each month for a haircut and purchase of personal hygiene products, etc. (1 hour maximum) u

LEVEL 2- Residents in this level are only allowed access to the community for the purpose of job search, interviews, employment, and specific treatment programming needed outside the center. Note: This level is the highest level of achievement tor Prolic Law and Most Severe Category offenders. RESPONSIBILITIES-

1. You must diligently search for employment Monday through Friday until you have secured employment.


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 41 of 62 BP-S205.073 AUG

DEPARTMENT

Name of

OF

Place of

Incident

Incident:

RRC

Possession manufacture

of a community program.

11.

BUREAU OF

PRISONS

Part I - Incident Report

DANIA BEACH

Name of Offender

Dismas charities, 9.

FEDERAL

JUSTICE

Bujduveanu, Traian 6.

CDFRM

CCC:

DISMAS CHARITIES, 2.

(CCC'S)

99

U.S.

â&#x20AC;˘ 1.

INCIDENT REPORT

Code: 108,

3.Register Number

4 . Date

80655-004

10/13/10

of

5.

Time

1:00pm

7. Component

8. Type of

Pre Release

Sentence

or introduction of a

Incident

hazardous

Offender

tool. / Violating a condition

309

Description of Incident (Date: 10/13/10 Time: l:00pm_

staff become aware of incident)

On 10/13/10 I observed offender Bujduveanu walking towards his vehicle(blue Ford Explorer truck) in

the resident parking lot. He then got into the vehicle and backed the vehicle into a parking space. I asked his counselor if he was authorized to drive and she stated that he was not and that his wife was authorized to transport him. A review of his file corroborated that he was not authorized to drive. Offender Bujduveanu had driven the vehicle from his home to the facility. His counselor went outside and brought offender Bujduveanu inside where we questioned him about why he

was driving without authorization. Staff explained to him that it was against the rules for him to operate a vehicle without permission and we searched his vehicle. During the search staff found an unauthorized cell phone (black Motorola in offender Bujduveanu's name) and a black Motorola car phone charger. Offender Budjuveanu is therefore in violation of code 309:Violating a condition of a community program and code 108:Possession manufacture, or introduction of a hazardous tool.

of Repgyting Employee

W 14

Incident

It'

Date

& Time

-3rG-/l3/10 2:30pm

13.

Name & Title

(Printed)

Derek Thomas Assistant Director

ivered to Above Offender By

i 1^Xj2^

15.

Date Incident Report Delivered

16.

Time Incident Report Delivered

(0|2s/fO

Record Copy - Central File Record; Copy - DHO; Copy - Inmate After UDC Action; Copy - Inmate Within 24 Hours Of Part I Preparation

(This Form May Be Replicated Via VJP)

Replaces BP-205.073 Of MAR 94

&kvU *


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 42 of 62


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 43 of 62 Dismas Charities, Inc.

Disciplinary Report Resident Name

Bujduveanu, Traian

Register Number

Facility

80655-004

Dania Beach

Rule#

Date of Alleged Offense

309

Status

10/13/2010

Pre-Release

Description and Comments:

Mr. Bujduveanu was observed operating a motor vehicle on not authorized to operate a motor vehicle without the appro Resident's nesiaem s Comments comments:

,

at

10. Mr. Bujduveanu is Director.

>V Z^f

QM&U&/ /W<? e.}nW<z*tAi/7*<~ yes^yfip'

Resident Signature

Date

icms~-k)

Reporting Staff Sig Presenting Staff Signature

Date

)4 rvx <?

Date

J.<J-*C-U3

/O-t^-iO

Investigation:

Resident's Comments:

Number of DRs to date:

Number of DRs for this rule:

Action Taken:

Resident Signature

Date

see /rrftafr^ ernes dci207int Revised 04/01/04

Page 1 of 1


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 44 of 62

"n you fx&i0 feral** ^

ofJarHe^

fat**!* : /a/xtM""* *** ,

M/ t*s«*«« <** r**"" ° A ***?'

<o/C

?fl6£2-


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 45 of 62

//to lllefal *«**' ,o)^e *b)ck ?'«"< ty ,7 ',

%c*l.*U uv/fy ^/^J J. ^ a^^^

.2e

WW Jbe^ ZesLW *Sk^ frf

^ay ^ Tfi&'z


««laid, a- Puesjioi r$<*s&'i$ •#**•*

Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 46 of 62

, x. j u h+ jU i fa not''jlolJrktS-hnW

Pi^e tf**' A"* ^ M « ^ a^"

ff)^ ^


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 47 of 62 Dismas Charities, Inc.

Disciplinary Report Resident Name

Register Number

Bujduveanu, Traian

Facility

80655-004

Dania Beach

Rule#

Date of Alleged Offense

309 violation

10/18/10

Status Sentenced

Description and Comments:

Resident attempted to have an unauthorized visit in the resident parking lot. Mr. Bujduveanu was not given permission to have any items dropped off to him nor did he receive permission to have a visit today. Resident is on restriction for 3 weeks and cannot have visitation within those 3 weeks.

Resident's Comments:

Date

Date

t**速-m Date

>//S//o

fa investigation:

Resident's Comments:

Number of DRs to date:

Number of DRs for this rule:

Action laken:

60 days extra duty (light duty), no visitation until further discussion with Director, Assistant Director and Counselor. No weekend movemnts until further notice. Resident Signature

dci207int Revised 04/01/04

Date

/TStaff Signature

Date

Page 1 of 1


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 48 of 62

October \Q}<2£>io

-\\) Sign dfeGAptinouo. voporVs. t^s. veSjssd S^rdavj, octoW

l"\) Monday OcrYotar Ify andTvjeSctoK| ac^cex- iQ)aovo. Ur. feujclov^anu is mar\ GDmplian* -to oomrr»un(KA prcxjom rules and ve^u\cttfcns.

mar. feu^ckjMeo^j has SfcAGd ito*r he (U&es rc* \jjoa-v

"to ^\qjr\ Qn\| GtojmentoHon6 *e<yirdirCx irfcic&rrte •VhOr has QOUurKfcl uJhlle V>e fe \o fociUtu - We ateo

\e*U92S -Vo -to do tic^Wt <U>Yves (*.cj. dj^^>joojunaircv) Ux.fco^dutejQnu hOS recced <Ymj^vrveS for a artewanoe

form -ro FfcL aofxonsv fadUA\_y \\* oteo uxxytVs Of uyx^W

-tt> r^por-V -Vo -Wvsl v^V\c-e, -yy*rt- V\\s <££U phone ooas srcfcen

due -Vt> -VW- fceV -VWtf* V\\S V^one U3QS uonfiSCft^Od Crt

•Wo. 'Wns. c£ \rcc*\\cV£u Vrspeertor* iftes\&irife ate. not c\\Voatfd

•Vt> Kavje. Q&.IV pVt>irvas uaifcss, oWvcrujte<L ^rmiVied b^fcOP)

W.6ujdvj\jeav\\j^ fas K=qb€s\e3 torn -ttme aF \nticiflrrr %f:

- (&rte\/ar£&- forms - CJanftsax^cri forms - 'cstt^c-YYveirxVs CJf aDtiarv lir\ ujrttJrva, notverb Ct\

Wl c^s nor- sAcy* ar^ ckAJ*n<=rflt>ttona


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 49 of 62

Memo:

From: Derek Thomas Assistant Director

Re: Property Release

in regards to Mr. Traian Bujduveanu's property here at Dismas Charities RRC. When he arrived he listed his wife as the sole person to release his property to should anything happen to him (i.e.; death or removal from the program). Once Mr. Bujduveanu was discharged from the program and sent to FDC Miami, we attempted to contact his wife on several occasions in order for her to come and pick up his property. Mr. Bujduveanu's son Alexander came by and attempted to obtain his property. He was informed that we could not release the property to him as his father had not given permission. Mr.

Bujduveanu's wife was contacted several more times by staff members in regards to his property with no answer. Mr. Bujduveanu sent awritten request to Dismas staff on 10/25/10 that gives his son;

Alexander Bujduveanu permission to pick up his belongings. As of 11/15.10 neither Mr. Bujduveanu's son nor his wife have come to retrieve his property.

Derek Thort^as Assistant Director


OCT-19-2010 TUE 11:45 AM

FAX NO, Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 50P.of01/02 62

UNITED STATES GOVERNMENT m em or an d u m

Community Corrections Office 401 North Miami A veuve

Miami, Florida 33128-1830 305-536-5718

Fca: 305-536-4024

Date:

Reply to

October 19, 2010

Attn of:

Carlos E. Rodriguez, Community Corrections Manager

Subject:

Bujduveanu, Traian Rejg. No. 80655-004

To:

U.S. Marshals Service - Fort Lauderdale, Florida

Info:

BOP - FDC Miami, FL (JISM & CMC)

*** CCC Program Failure ***

The above-referenced inmate is aCCC Program Failure. Please assume custody of him soon as possible, and transport him to FDC Miami, Florida.

The subject is currently assigned to Dismas House CCC, Dania, Florida.J^J^£ CCC Director, Ana Gispert, at (954) 920-6558, for assistance in assuming custody ol this inmate. . m, ,,n, 1A Note <o MtM (ISM) -

Th;„ ;c qcCC Proeram failure for security reasons. He has a ^^£^7.1™ via OCT His release date is not subject to change. '

Thank you for your assistance with this matter. Ifyou have any questions, please contact mat 305-536-5178.

Xta-hi

I


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 BP-S208.073 CENTER DISCIPLINE COMMITTEE REPORT (CCC'S) cdfrm MAR

Page 51 of 62

94

U.S. DEPARTMENT OF JUSTICE

Name

of

FEDERAL BUREAU OF PRISONS

Register Number

Inmate

Hearing Date 10/29/10

Bujduveanu, Traian

80655-004

Date of

Date of Incident Report

Prohibited

10/13/10

Act (s)

Incident

10/13/10

Code 108,

309

Summary of Charge(s Possession, manufacture or introduction of a hazardous tool / Violating a condition of a community program. I.

NOTICE OF CHARGE(S)

Date

Typed Name/Signature DH0

A. Advance written notice of charges (copy of incident report) was given to inmate on

10/20/10

at 0739

by Dontallis Render

. ( Resident refused to accept a copy of

the charges when he was picked up by the US Marshals. Date

Time

B. The CDC Hearing was held on

10/29/10

at

10:50am

_^

Date

Time

C. The inmate was advised of his rights before this CDC by: Bobbie Lowery on 10/22/10

and a copy of the advisement of rights form is attached.

Date

II.

A.

STAFF REPRESENTATIVE

Inmate waived right to staff representative: (Yes,/£o./NA) He originally called for RM Corky Shennett who was unable to attend due to his work schedule.

B.

Inmate requested staff representative and

C.

Requested staff representative declined or could not appear but inmate was advised of option to

NA

appeared.

postpone hearing to obtain another staff representative with the result that:

Staff

member Angela Moore was sent as a staff rep and offender Bujduveanu did not request another staff rep.

Ill PRESENTATION OF EVIDENCE.

A.

Inmate has been advised of his right to present a statement or to remain silent, to present documents, including written statements of unavailable witnesses, material witnesses to appear in his behalf at the hearing. Inmate admits/denies the charge(s) during the investigation

and for relevant and

Summary of Inmate Statement: C.

Witnesses:

1-

The inmate requested witnesses:

The following persons were called as witnesses at this hearing and appeared- See

2.

attachment (Tbr«J( g^TeS) A summary of testimony of each is attached: (Yes/No/NA)

3. 4.

The following persons requested were not called for the reason(s)given: /U4Unavailable witnesses were requested to submit written statements and those statements were considered:

D.

(Yes/No/NA)

1.

(Yes/No/NA)

Documentary Evidence: In addition to the incident Report and Investigation, the Committee

-c°n5ideiM_.the_following__d^_u

The_Cpmmittee_._co.nsidered the__following documents-

Documentation allowing offender Bujduveanu's wife to transport him and photos of the cell phone and charger.

E.

Confidential information was considered by the CDC and not provided to inmate

ExUV l\

(Yes/No/NA)


Case(Continued) 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 52 of 62

BP-s208

IV.

FINDINGS

OF

THE

COMMITTEE

a. The act was committed as charged. Code 108 and Code 309 b. The following act was committed:

c. No prohibited act was committed: Expunge according to your Statement of Work. V. SPECIFIC EVIDENCE RELIED ON TO SUPPORT FINDINGS Your due process rights were read and reviewed with you by the CDC Committee at the time of the hearing. You stated you understood your rights. The CDC found evidence that your behavior violated the BOP's Prohibited Act, Code 108 i.e. Possession

manufacture, or introduction of a hazardous tool and Code 309 i.e. Violating a condition of a community program. The Committee based its decision on the facts outlined in the written report: On 10/13/10 I observed offender

Bujduveanu walking towards his vehicle(blue Ford Explorer truck) in the resident parking lot.

He then got into

the vehicle and backed the vehicle into a parking space. I asked his counselor if he was authorized to drive and she stated that he was not and that his wife was authorized to transport him. A review of his file corroborated

that he was not authorized to drive. Offender Bujduveanu had driven the vehicle from his home to the facility. His counselor went outside and brought offender Bujduveanu inside where we questioned him about why he was driving without authorization. Staff explained to him that it was against the rules for him to operate a vehicle without permission and we searched his vehicle.

During the search staff found an unauthorized cell

phone (black Motorola in offender Bujduveanu's name) and a black Motorola car phone charger. Offender Bujduveanu is therefore in violation of code 309:Violating a condition of a community program and code 108:Possession manufacture,

VI.

or introduction of a hazardous tool.

SANCTION RECOMMENDATION

Based on the above evidence the CDC Committee recommends

offender Bujduveanu, Traian remain Disciplinary transferred. VII.

REASON FOR SANCTION RECOMMENDATION

To deter

this

and other

inmates

from committing

similar acts

in

the

future.

VIII.

APPEAL RIGHTS

Inmate was advised.

The inmate has been advised of the findings, specific evidence relied on, action and reasons for

the action.

The inmate has been advised of his right to appeal under the Administrative Remedy

Procedure or by letter within 20 days of the imposition of the sanction to the Regional Director. A copy of this report has been given to the inmate.

IX.

DISCIPLINE

COMMITTEE

Chairperson Galo Rugel X.

Member

Member

>4yw<j)

ACTION BY DHO

Typed Name/Signature - DHO

END FORM

"' ' "

(This form may be replicated via WP)

Date


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 53 of 62 NOTICE OF CENTER DISCIPLINE COMMITTEE HEARING (CCCS)

U.S. Department ofJustice

Federal Bureau ofPrisons Facility (J, Sm^J, (

6#&.

Register number

'ftUMq /?- ££>**//IsVaJ Of/?- &is%/ntstf/'Z% j&>f&fy*rCode Number

T~7

You are being referred to the Center Discipline Committee for the above charge(s):

The hearing will be held on: at thefollowing location;

/Q A^-9 / /O CTj'C

at

;o ?-7Si

^gNf)p.M.)

rfnk: ,yu\_

Youareentitled to have a staff member represent you at the hearing. Please indicate below whether you desire to have a staff

representative, and ifSc,hjs_orherj name CO^l^Y J>/fr^////£r/ / Inmate's Initials f h ^ U(do) wish to nave a staff representative.

Inmate's Initials V-^P 'yj (do not) wish to have astaff representative. •-/ £> if so, the staff representative's name is:

You will also have the right to call witnesses at the hearing and to present documentary evidence in your behalf, provided calling

your witnesses will not jeopardize Center Security. Names ofwitnesses you wish to call should be listed below. Inmate's Initials 7"~3 Briefly state what each proposed witness would be able to testify to. Name: ^7a 7?£/?M£3 -Can testify to:csttAf&^UyHc*^ ,^/K c3p^Hr ^^^K^ ,

Name: M $M.Ls TW^.W^

.Can testify to: S^W^f C*>ff tf/*«£(*~f~

p^4 pcn-hc/o^ /teWName:

&(Zhfy

hfA/Ar

,Can testify to:

The Chairman of the Center Discipline Committee will call those witnesses (Staff or inmate) who are reasonably available, an

who are determined by him/her to be necessary for an appreciation ofthe circumstances surrounding the charge(s). Repetitive witnesses need not be called. Unavailable witnesses may be asked to submit written statements.

Date, sign, and return this form to the Chairman of the Center Discipline Committee. Date

/0/2A-J2O/O

Notice cf :t hearing bearing given giv to .L

Fhis fyfm maybe replical^via WP

JrMQL JGUT^T1V1ZO^O04/

:ejry: Employee Signature

'Date"

/m/t


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 54 of 62

.M2...0,, IHHATE EIGHTS AI CENTER DISCIFUm COMMXTTEE HEARtNG (RRC,S, c„™ U.S. DEPARTMENT OP JUSTICE

FEDERAL BUREAU OF PRISONS

Facility

j^tjrz ass:^;tr: &££%;£:,« —= — - -. olsciPliM 2' b^^'cSLV.SViT^J?" "*" "h° ^ ""-" «•"-»!• «P-3«„t you

3- P™«dJdecertft%a7,tyCt1„l"/"orre5j™p'irSde,nt d»»"-t"^ -«-« in yo„r beh,lf,

™ 5^..^^. ££.-;- ,r^r„^i-s?j-j-"^-^, —

Th

e.

Bore.u^ ffctt3h,aupCp°^i„I,MrPUne CO"™U"= a„d «.«. Cente,^fL^^tZ^L 3afety „ould be jeopardJJ"^^5 ^^T ^£,«-««i.n 1^"°"' °^ eau

and disposition.

or within 20 days of notice of the decisi

on

JiscTSLrcZitX btring^* bSen adViSSVf the aWe ri9htS '«"*" - at aCenter

signed: LmiRJ^t^lj^ec^___^ No.: lO£SSz£f±_ Dat, Notice of rights given to Inmate on /£>/£gJZy^> /

hv

DatTe

Employee Signatu

INMATE RIGHTS AT CENTER DISCIPLINE COMMITTEE HEARING (RRC's) Facility

.i_^Y£.^££opally_advised„_.

"°"" ~

-™:=S^^^ Signed:


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 55 of 62 WAIVER OF 24 HOUR NOTICE

I have been advised that I have the right to have a written copy of the charges(s) against me least 24 hours prior to appearing before the Center Discipline Committee. I wish to waive thi right and proceed with the Center Discipline Committee hearing at this time Signed by Inmate

1

Inmate Typed or Printed Name

XO^SSr* 째^ witnessed by lEmployee Signature)

ihi i^ffe

Lfi

1

J iM^ /JoY rytp tfaJse- "y ftft /

^w Ifldv

(This form may be replicated via WP)

s

Register No.

U

Date ana Time inmate Signed

at

-hvr


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 56 of 62

ii.

\

\%

t

.-•ii*1

fe'j

^^"•^ii-^'r^"; .:-•

r

i


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 57 of 62 BP-S205.073 AUG

U.S.

1.

INCIDENT REPORT

Name

of

Name of

FEDERAL BUREAU OF PRISONS

CCC:

DANIA BEACH

Offender

Bujduveanu, Traian 6.

CDFRM

DEPARTMENT OF JUSTICE

DISMAS CHARITIES, 2.

(CCC'S)

99

Place o£

incident—

Dismas charities,

Part I - Incident Report 3.Register Number

4.

80655-004

10/13/10

~T~.—Cumpuiifcuil

RRC

Date of

Incident

5.

Time

1:00om

8. Type u£ Ollendei

Pre Release

Sencence

9. Incident: Possession manufacture, or introduction of a hazardous tool. / Violating a condition of a community program.

11.

Code: 108, 309

Description of Incident (Date: 10/13/10 Time: 1:00pm

staff become aware of incident)

On 10/13/10 I observed offender Bujduveanu walking towards his vehicle(blue Ford Explorer truck) in the resident parking lot. He then got into the vehicle and backed the vehicle into a parking space. I asked his counselor if he was authorized to drive and she stated that he was not and that his wife was authorized to transport him. A review of his file corroborated that he was not

authorized to drive. Offender Bujduveanu had driven the vehicle from his home to the facility. His counselor went outside and brought offender Bujduveanu inside where we questioned him about why he was driving without authorization. Staff explained to him that it was against the rules for him to operate a vehicle without permission and we searched his vehicle. During the search staff found an unauthorized cell phone (black Motorola in offender Bujduveanu's name) and a black Motorola car

phone charger. Offender Budjuveanu is therefore in violation of code 309:Violating a condition of a community program and code 108:Possession manufacture, or introduction of a hazardous tool.

latur 12<Signature ofRsgtfrting Employee

V

li

Date

& Time

-3r0-/13/lO 2:30pm

-f

,/ 14 Incident BeportDelivered to Above Offender By

13.

Name & Title (Printed)

Derek Thomas Assistant Director

15.

Date Incident Report Delivered

Zo

&tnju^

IS.

fU

Time Incident Report Delivered

Record Copy - Central File Record; Copy - DHO; Copy - Inmate After UDC Action; Copy - Inmate Within 24 Hours Of Part'"'!''Preparation

~

(This Form May Be Replicated Via WP)

-—

Replaces BP-205.073 Of MAR 94


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 58 of 62

Part

17.

II

- CDC Action

Comments of Inmate to CDC Regarding Above Incident

Offender Bujduveanu, Train offered the following statement: Please refer to offender's written statement.

: 18. A. It Is The Finding Of The CDC That You:

B. x

The CDC Is Referrinq The Charqe(s)

To The

DHO For Further Hearing. x

Committed The Followinq Prohibited Act. C. Did Not Commit A

x

The CDC Advised The Offender Of Its Findinq

And Of The Right To File An Appeal Within 20 Calendar

Prohibited Act.

Days.

19.

Committee Decision Is Based On The Following Information

The CDC found evidence that your behavior violated the BOP's Prohibited Act, Code 108; Possession,

manufacture or introduction of a hazardous tool t Code 309; Violating a condition of a community program. The Committee based its decision on the facts outlined in the written report: On 10/13/10 I observed offender Bujduveanu walking towards his vehicle(blue Ford Explorer truck) in the resident parking lot. He then got into the vehicle and backed the vehicle into a parking space. I asked his counselor if he was authorized to drive and she stated that he was not and that his wife was authorized to transport him. A review of his file corroborated that he was not authorized to drive. Offender Bujduveanu had driven the vehicle from his home to the facility. His counselor went outside and brought offender Bujduveanu inside where we questioned him about why he was driving without authorization. Staff explained to him that it was against the rules for him to operate a vehicle without permission and we searched his vehicle. During the search staff found an unauthorized cell phone (black Motorola in offender Bujduveanu's name) and a black Motorola car phone charger. Offender Bujduveanu is therefore in violation of code 309:Violating a condition of a community program and code 108:Possession manufacture,

20.

or introduction of a hazardous tool.

Committee action and/or recommendation if referred to DHO (Contingent upon DHO finding inmate committ

prohibited act)

Based on the above evidence the CDC Committee recommends offender Bujduveanu, Train remain Disciplinary transferred.

21.

Date And Time Of Action 10/29/10 11:25am

(The CDC Chairperson's Signature Next To

-Name-eerti-f-i-es-Who-Sat-On-T-he-UDC- And-Thatâ&#x20AC;&#x201D;The- Completed Report- Accur-ately-Ref lects-The-CDC-Proceedings.

y4-rwO

_Galo Rugel_ Chairperson (Typed Name/signature)

Member

(Typed Name)

Member

(Typed Name)


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 59 of 62

Page 2 BP-S205.073

Part III - Investigation

23.

22. Date And Time Investigation Began 10/22/10 12:00pm

Offender Advised Of Right To Remain Silent: You Are Advised Of Your Right To Remain Silent At All Stages

Of The Disciplinary Process But Are Informed That Your Silence May Be Used To Draw An Adverse Inference Against You At Any Stage Of The Institutional Disciplinary Process. You Are Also Informed That Your Silence Alone May Not Be Used To Support A Finding That You Have Committed A Prohibited Act.

rhe unender was Advised uf The Above Right By _Bobby Lowery

_At (uata/time)iu/22/iu

_ati2:oopm

Offender Statement And Attitude

V*'Offender Bujduveanu stated to this rule or regulation. authorization.

investigator that he was sorry and he would never intentionally violate a He however did admit to driving a vehicle from his home to the facility without approve*

He stated that " The cell phone and charger belonged to his family."

He was not aware that

they were in the vehicle.

u

25.

Other Facts About The Incident, Statements Of Those Persons Present At Scene, Disposition Of Evidence

Etc.

Resident does not have authorization to drive himself. He has authorization for his wife to drive him to and from his appointments. See attached photos of the cell phone and charger. It is clear that offender Bujduveanu, Train violated the program's conditions.

26.

Investigator's Comments And Conclusion

Based on the on the reporting staff's testimony, the photo evidence and the offender's admission that he

drove unauthorized from his home to the facility, this investigator concludes the violation was committed as charged.

2 7.

Action Taken

Disciplinary transfer and refer to the CDC for Hearing.

Date And Time Investigation Completed 10/22/10

at 12:4 5pm_

Printed Name/signature jpi Investigator Bobbie Lowery Counselor

Title

Page 3 BP-S205.073


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 60 of 62

Page 2 BP-S205.073

22. Date And Time Investigation Began 10/22/10 12:00pm

Part III - Investigation

23.

Offender Advised Of Right To Remain Silent: You Are Advised Of Your Right To Remain Silent At All Stages

Of The Disciplinary Process But Are Informed That Your Silence May Be Used To Draw An Adverse Inference Against You At Any Stage Of The Institutional Disciplinary Process. You Are Also Informed That Your Silence Alone May Not Be Used To Support A Finding That You Have Committed A Prohibited Act. The Offender Was Advised Of The Above Right By

Bobby Lowery_

\/&4ty?y<.

At

(Data/time)10/22/10

_atl2:00pm_

t ^ r - t j 0-

24.

Offender Statement And Attitude

7

Offender Bujduveanu stated to this investigator that he was sorry and he would never intentionally violate a rule or regulation. He however did admit to driving a vehicle from his home to the facility without approved authorization. He stated that " The cell phone and charger belonged to his family." He was not aware that they were in the vehicle.

25.

Other Facts About The Incident, Statements Of Those Persons Present At Scene, Disposition Of Evidence,

Etc.

Resident does not have authorization to drive himself.

He has authorization for his wife to drive him to and

from his appointments. See attached photos of the cell phone and charger. Bujduveanu, Train violated the program's conditions.

26.

It is clear that offender

Investigator's Comments And Conclusion

Based on the on the reporting staff's testimony, the photo evidence and the offender's admission that he drove unauthorized from his home to the facility, this investigator concludes the violation was committed as charged.

27.

Action Taken

Disciplinary transfer and refer to the CDC for Hearing.


Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 61 of 62

Part

17.

II

- CDC Action

Comments of Inmate to CDC Regarding Above Incident

Offender Bujduveanu, Traian offered the following statement: Please refer to offender's written statement.

18. A. It Is The Finding Of The CDC That You:

B. x

The CDC Is Referring The Charge(s) To The

DHO For Further Hearing.

x

Committed The Following Prohibited Act.

C Did Not Commit A Prohibited Act.

x

The CDC Advised The Offender Of Its Finding

And Of The Right To File An Appeal Within 20 Calendar Days.

19.

Committee Decision Is Based On The Following Information

The CDC found evidence that your behavior violated the BOP's Prohibited Act, Code 108; Possession,

manufacture or introduction of a hazardous tool & Code 309; Violating a condition of a community program. The Committee based its decision on the facts outlined in the written report: On 10/13/10 I observed offender

Bujduveanu walking towards his vehicle(blue Ford Explorer truck) in the resident parking lot.

He then got

into the vehicle and backed the vehicle into a parking space. I asked his counselor if he was authorized to

drive and she stated that he was not and that his wife was authorized to transport him. A review of his file corroborated that he was not authorized to drive. Offender Bujduveanu had driven the vehicle from his home to

the facility.

His counselor went outside and brought offender Bujduveanu inside where we questioned him

about why he was driving without authorization. Staff explained to him that it was against the rules for him to operate a vehicle without permission and we searched his vehicle. During the search staff found an

unauthorized cell phone (black Motorola in offender Bujduveanu's name) and a black Motorola car phone charger. Offender Bujduveanu is therefore in violation of code 309:Violating a condition of a community program and code 108:Possession manufacture,

20.

or introduction of a hazardous tool.

Committee action and/or recommendation if referred to DHO (Contingent upon DHO finding inmate committed

prohibited act)

Based on the above evidence the CDC Committee recommends offender Bujduveanu, Train remain Disciplinary transferred.

21.

Date And Time Of Action_10/29/l0 11:25am

(The CDC Chairperson's Signature Next To

:-Name-Certi.fies-Who-Sat.-On-.The-UDC-And_That_The-Completed Report. -Accur-ately-Reflectsâ&#x20AC;&#x201D;The-CDC~Pr-oceedings--)

_Galo Rugel V fXT -KV^O Member

Chairperson (Typed Natrle/sighature)

(Typed Name)

Member (Typed Name)


BP-S494.073 MAR

CHECKLIST FOR CDC CERTIFICATION cdfrm Case 1:11-cv-20120-PAS Document 88 Entered on FLSD Docket 12/27/2011 Page 62 of 62

94

U.S. DEPARTMENT OF JUSTICE

Name of

Inmate

Facility YES

NO

FEDERAL BUREAU OF PRISONS

*fk_ljJi)UPCA IVaU^

|Register No. ^^5^-Q^(

Dismas Charities NA

ADVANCE NOTICE OF CHARGE

_

^7 _ (1) .(2)

The inmate was given advance written notice of the charge(s) against him no less than 24 hours

before the appearance before the CDC.

Iftheanswerto(l)is"No": (a^The inmate waived the 24-hour notice, or

(^pX^There exists avalid reason why the 24-hour notice was not given. The reason is: STAFF REPRESENTATION

.(3)

_(4)

The inmate requested a staff representative and that staff representative appeared.

The inmate did not request a staff representative and, thereby, waived the right to a staff representative.

(5)

The inmate requested arepresentative who refused orwas unable toappear, and the inmate chose to continue the hearing in the absence ofthe requested representative after being advised ofthe

option to postpone the hearing in order to obtain another representative. S&. ^-ffccft o ^

WITNESSES AND DOCUMENTARY EVIDENCE

_ (6)

The inmate waived the right to call witnesses.

_ (7) _

The inmate requested witnesses. (a) The requested witnesses appeared and statements are summarized in the record. (b) Reasons for not calling requested witnesses are documented in the record.

(c) Written statements ofunavailable witnesses were submitted, considered, and included in the record, ^c —

-

y

^fl QcK*-v\l/}<5-

_W

The inmate submitted written documentation which was considered and is includedin the record.

_(9)

The inmate's statement to the CDC is summarized in the record. FINDINGS AND SPECEFTC EVTDENCE

_(10)

The findings of the CDC are supported by a substantial factual basis.

_(H)

The specific evidencerelied on is adequatelydocumented in the record. SANCTION

V —

~ —

_(12)

The sanctionrecommended by the CDC is proportionate to the offense committed.

_(13)

The reason for the sanction are adequately documented in the record.

_(14)

The DHO has added sanctions.

DHO Signature

(This form may be replicated via WP)

/^^\ — , ,^

Date

Replaces BP-494 of MAR 91


AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT2