Policy No. DOC 1.3.12 STAFF ASSOCIATION AND CONDUCT WITH OFFENDERS

POLICY

The Department of Corrections requires employees to limit their association with offenders, offender’s immediate family members, and close associates of offenders to a professional relationship and maintains zero tolerance for misconduct by its employees toward or with any individual in the custody or under the supervision of the Department. I APPLICABILITY All divisions, facilities, and programs Department-owned and contracted, as specified in contract.

B. Required Conduct

1. Department employees and service providers must exhibit the following conduct: a. maintain a professional relationship with offenders at all times; b. provide offender services without regard to race, color, age, gender, physical or mental disability, marital status, creed, sex, political beliefs, genetic information, veteran’s status, culture, social origin or condition or ancestry, national origin, religious preference, or sexual orientation, and will not display favoritism toward, or discrimination against, any offender or group of offenders; c. limit relationships with offenders, offender’s immediate family members and close associates to officially authorized activities; and d. avoid conflicts of interest or situations, such as engaging in personal or business relationships, that may compromise professional integrity, compromise security, or cause embarrassment to the Department of Corrections and the State of Montana.

C. Prohibited Conduct

1. Employees who assault, injure, intimidate, threaten, endanger, or withhold reasonable necessities from an offender, or violate any civil right of an offender are subject to felony and misdemeanor criminal penalty as well as disciplinary action, up to and including termination from employment pursuant to 45-5-204, MCA.

2. Department employees and service providers who commit staff sexual misconduct are subject to felony and misdemeanor criminal penalties as well as disciplinary action up to and including termination from employment as outlined in 45-5-502, MCA and 45- 5-503, MCA.

3. Department employees and service providers will not engage in inappropriate behaviors with offenders, offender’s immediate family members, or close associates; inappropriate behavior includes, but is not limited to, the following: a. using profane, indecent, or discriminatory language or references; b. giving or receiving gifts, favors, or services that exceed Department requirements; c. engaging in any type of business or fiduciary relationship including trading, selling, or buying from an offender excluding purchases in accordance with DOC Policy 5.5.4 Hobby Programs for Adult Facilities; and d. interaction that is unnecessary, not a part of the employee’s duties, and related to a personal relationship or purpose rather than a legitimate correctional purpose including, but not limited to: 1) engaging in horseplay; 2) socializing; 3) sharing personal information, e.g., family member names, ages, schools, etc.; 4) contacting offender’s immediate family members for matters unrelated to the employee’s official duties; 5) exchanging written correspondence; or 6) developing a relationship with an offender that is anything other than a professional relationship.