Document 113

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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. _________________________________________/ DEFENDANTS’ REPLY BRIEF IN SUPPORT OF THEIR SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Pursuant to this Court’s March 12, 2012 Order (Docket Number 98), Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Lashanda Adams, incorrectly identified as Adams Leshota, (collectively “Defendants”) by and through their undersigned counsel, pursuant to Federal Rule of Civil Procedure 56 and Local Rule 7.5, file their Reply Brief in Support of Defendants’ Supplemental Motion for Summary Judgment and Incorporated Memorandum of Law in Support of their Motion for Summary Judgment against Traian Bujduveanu (“Plaintiff”) as follows: The Defendants incorporate, as though fully set forth herein their prior Motion to Strike Plaintiff’s Pleadings for Failure to Appear for Deposition, Motions for Summary Judgment, Prior Response and Reply Briefs to Motions for Summary Judgment, Statement of Undisputed Facts and Orders of the Court (Docket Numbers 78, 83, 83-1, 83-2, 88-1, 91 94 and 98)

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON

INTRODUCTION Plaintiff, a former Federal Inmate, filed a lawsuit against his residential reentry center, Dismas, and three of its employees, Gispert, Thomas, and Adams. The Amended Complaint (Docket 101) contains 40 paragraphs of unsupported and vague allegations, three alleged federal theories of recovery (Violations of the First, Fifth and Fourteenth Amendments), and three alleged state law theories of recovery (Abuse of Process, Negligence and Malicious Prosecution)—all arising from his violation of a Bureau of Prison’s condition to not drive an automobile or posses a cell phone, which caused him to be transferred from Dismas back to a Federal Prison to complete the remaining 81 days of his Federal Prison sentence. As is proven in Defendants’ various Motions for Summary Judgment, the Defendants were not the legal cause of Plaintiff’s return to Federal Prison to complete his sentence. At all times, the Plaintiff was under the control of the United States Government, specifically the United States Department of Justice’s Federal Bureau of Prisons. After the Plaintiff violated the terms of his Federal Bureau of Prison’s Conditions of Community Corrections release conditions by driving without permission and possessing a cell phone, the Federal Bureau of Prisons, through CCM Director Carlos Rodriguez, directed the United States Marshalls service to transport the Plaintiff from Dismas to FDC-Miami on October 19, 2010. Upon his return to the FDC-Miami, the Plaintiff was afforded a hearing through the Federal Bureau of Prisons where he was found to have violated the conditions of his release and ordered to spend the remainder of his sentence at the FDC-Miami. Despite the fact that the Federal Bureau of Prisons, not the Defendants, controlled the Plaintiff’s confinement and the fact that he was ultimately released

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON from Federal custody, the Plaintiff seeks to exact his personal vendetta and revenge upon Defendants and through this frivolous lawsuit. STATEMENT OF UNDISPUTED FACTS 1. The following facts and documentary support are set forth in the affidavit of Ana

Gispert, Docket 83-2. 2. Plaintiff pled guilty to charges of conspiring to illegally export military and dual use Plaintiff concedes

aircraft parts to Iran. Plaintiff was sentenced to 35 months for his crimes. this fact in his response brief, Docket number 110. 3.

At all times material, the Plaintiff was an inmate serving his prison sentence under

the exclusive control of the Federal Government, specifically the United States Department of Justice, Federal Bureau of Prisons. The Federal Bureau of Prisons controlled all aspects of Plaintiff’s confinement. 4. Towards the end of his sentence, the Federal Bureau of Prisons transferred the

Plaintiff to Dismas, a “half way house,” on July 28, 2010 until his release date of January 31, 2011. Dismas is a private non-profit corporation known as a CCC Contractor. 5. As a result of the Plaintiff’s health issues, Plaintiff was released to home

confinement and was required to report back to Dismas every Wednesday. 6. 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 the Affidavit of Ana Gispert, Docket Number 83-2, as Exhibit 1)

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 7. The Residential Handbook is quite clear that all participants in the Dismas program,

like the Plaintiff, consent to searches of their persons and vehicles (Affidavit of Ana Gispert, Docket Number 83-2, p.16, Exhibit 1); are not permitted to possess or use cell phones without authorization (Affidavit of Ana Gispert, Docket Number 83-2, p.16, Exhibit 1) and cannot drive without the prior approval of Dismas. (Affidavit of Ana Gispert, Docket Number 83-2, p.21, Exhibit 1). 8. 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. (Affidavit of Ana Gispert, Docket Number 83-2, p.16, and Contraband List Exhibit 1) 9. Plaintiff also received Dismas’ Rules and Regulations. (True and correct copies of

the relevant portions of the Rules and Regulations are attached the Affidavit of Ana Gispert, Docket Number 83-2 as Exhibit 2) 10. 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 (Affidavit of Ana Gispert, Docket Number 83-2, p.3, Section 2(d), Driving Privileges, Exhibit 2); are not permitted to possess or use cell phones without authorization (Affidavit of Ana Gispert, Docket Number 83-2, p.3, Section 6(c), Contraband, Exhibit 2) and cannot drive without the prior approval of Dismas. (Affidavit of Ana Gispert, Docket Number 83-2, p.3, Section 2(a), Driving Privileges, Exhibit 2).

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 11. 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. (Affidavit of Ana Gispert, Docket Number 83-2, p.6, Section 2(a), Sanctions, Exhibit 2). 12. 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 the Affidavit of Ana Gispert, Docket Number 83-2, Exhibit 3. 13. 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, Affidavit of Ana Gispert, Docket Number 83-2,. 14. 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, Affidavit of Ana Gispert, Docket Number 832,. 15. 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

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON true and correct copy of the Plaintiffs BOP Conditions of Home Confinement Form, containing condition 12, is attached to Exhibit 5 Affidavit of Ana Gispert, Docket Number 83-2. 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 Home Confinement Special Conditions Form in which he acknowledged he would adhere to the Rules of the Bureau of Prisons Conditions of Home Confinement as well as the policies and procedures of his CCC facility, Dismas. A true and correct copy of the Plaintiff’s Home Special Conditions Form, containing is attached to Affidavit of Ana Gispert, Docket Number 83-2, Exhibit 6. 17. 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. Affidavit of Ana Gispert, Docket Number 83-2, 18. 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. Affidavit of Ana Gispert, Docket Number 83-2, 19. The Plaintiff was 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 Affidavit of Ana Gispert, Docket Number 83-2, Exhibit 7.

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 20. On October 13, 2010, the Plaintiff appeared on his reporting date by driving himself to Dismas in Plaintiff’s family vehicle. Affidavit of Ana Gispert, Docket Number 83-2. While Plaintiff may have held a valid driver’s license and automobile insurance, he was not authorized by Dismas to drive or operate a motor vehicle. The Plaintiff was not authorized to operate a motor vehicle without approval of the Director of Dismas, Ana Gispert. At no time did Ana Gispert, Dismas Director or Dismas authorize the Plaintiff to drive a motor vehicle. Affidavit of Ana Gispert, Docket Number 83-2. 21. Following the violation, the vehicle was searched for safety reasons and a cell phone allegedly belonging to the Plaintiff’s family was discovered. The Plaintiff was not authorized to possess a cell phone, regardless of who owned it. 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. Affidavit of Ana Gispert, Docket Number 83-2. 22. 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, Affidavit of Ana Gispert, Docket Number 83-2. 23. The Plaintiff’s personal items were then held by Dismas. As the phone was

contraband, Dismas donated the phone. The remainder of the Plaintiff’s personal items were held by Dismas. 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, Affidavit of Ana Gispert, Docket Number 83-2.

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 24. 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. 25. 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 the Affidavit of Ana Gispert, Docket Number 83-2, Exhibit 10. 26. 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 Plaintiff’s United States Bureau of Prison Center Discipline Committee Report is attached to the Affidavit of Ana Gispert, Docket Number 83-2, Exhibit 11. 27. The Plaintiff, at all times, was under the control of the Federal Bureau of Prisons until his sentence was completed. 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.

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON ARGUMENT AND CITATION TO AUTHORITY 1. The Plaintiff cannot maintain any Federal Constitutional Action or State Tort Action against any Defendant.

The Plaintiff has filed a six count Amended Complaint against the Defendants alleging various Federal and State causes of action. The gravamen of the Amended Complaint is that the Plaintiff is upset that he was transferred from Dismas back to the Federal Detention CenterMiami to complete the remainder of his sentence. However, the Defendants are not responsible for the Plaintiff’s return to FDC-Miami. The persons and entities responsible are the Plaintiff, for violating the terms mandated by the Federal Bureau of Prisons governing his halfway house release and the Federal Bureau of Prisons, who controlled the Plaintiff’s confinement. As is proven in Defendants’ various Motions for Summary Judgment and the undisputed facts set forth above, the Defendants were not the legal cause of Plaintiff’s return to Federal Prison to complete his sentence. At all times, the Plaintiff was under the control of the United States Government, specifically the United States Department of Justice’s Federal Bureau of Prisons. After the Plaintiff violated the terms of his Federal Bureau of Prison’s Conditions of Community Corrections release conditions by driving without permission and possessing a cell phone, the Federal Bureau of Prisons, through CCM Director Carlos Rodriguez, directed the United States Marshalls service to transport the Plaintiff from Dismas to FDC-Miami on October 19, 2010. Upon his return to the FDC-Miami, the Plaintiff was afforded a hearing through the Federal Bureau of Prisons where he was found to have violated the conditions of his release and ordered to spend the remainder of his sentence at the FDC-Miami. Since the the Federal Bureau of Prisons, not the Defendants, controlled the Plaintiff’s confinement, the Plaintiff cannot maintain any cause of action against the Defendants.

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON The Plaintiff, as is evidenced by the attachments to the Complaint and Affidavit of Ana Gispert, did receive proper notice of his violation. The Disciplinary Report was even signed by the Plaintiff. The Plaintiff even wrote a response to the Report. The Plaintiff clearly violated a rule (no driving without permission of Dismas) that he was notified of and agreed to as part of his assignment to Dismas. The Plaintiff also agreed to abide by the rules, regulations and disciplinary procedures as condition of his halfway house release. (Docket 83-2, Affidavit of Ana Gispert, p. 7-15 and Exhibits 2, 3 & 4) 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 Plaintiff’s United States Bureau of Prison Center Discipline Committee Report is attached to the Docket 83-2, Affidavit of Ana Gispert, p. 34, Exhibit 11. Accordingly, due process was afforded as the Plaintiff received notice of his violations and a hearing regarding his violations. At his hearing, the Plaintiff was found to be guilty by the Bureau of Prisons. The Plaintiff’s claims that the Bureau of Prisons, USPO and CCM Director did not know about his return to prison is clearly without merit. Obviously, the Federal Bureau of Prisons and USPO knew about Plaintiff’s return to prison as they returned him to Prison and housed him in Prison. Certainly, the Plaintiff is not alleging that he stayed in a Federal Prison without the Federal Bureau of Prison and the Director of the Facility knowing he was there. The Federal Bureau of Prisons clearly knew he was at a the federal facility as the Bureau of Prisons held a hearing concerning his possession of a cell phone and driving a vehicle without authorization.

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON Plaintiff 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, at the direction of the Federal Bureau of Prisons, not Dismas. A prisoner has no due process liberty interest in early release. See, e.g., Wottlin v. Fleming, 136 F.3d 1032, 1036 (5th Cir.1998). Nor does a prisoner possess a constitutional right to be placed, or not to be placed, in a particular prison facility. McKune v. Lile, 536 U.S. 24, 39 (2002); Meachum v. Fano, 427 U.S. 215, 225 (1976). Further, a prisoner has no constitutionally protected interest in rehabilitative programs, Moody v. Daggett, 429 U.S. 78, 88 n.9 (1976), or an “equal protection” interest ineligibility for assignment to halfway houses, McLean v. Crabtree, 173 F.3d 1176, 1185 (9th Cir.1999). Also, there is no “constitutionally protected liberty interest” in being classified at a certain security level. Kramer v. Donald, 286 Fed. Appx. 674, 676 (11th Cir. 2008). Therefore, the Defendants are entitled to summary judgment. 2. The Plaintiff cannot maintain a cause of action under the First Amendment

The Plaintiff claims the Defendants violated his First Amendment right to freedom of expression by prohibiting him from attending a Roman Orthodox Church located over five miles from Dismas, located in Dania Beach, Florida. The First Amendment states that “Congress shall pass no law . . .abridging freedom of speech,” which means that the government cannot “restrict expression because of its message, its ideas, its subject matter, or its content.” See United States v. Stevens, 130 S.Ct. 1577, 1584 (2010). Although the Supreme Court has acknowledged that a Bivens cause of action may be alleged against federal officers for retaliation in the First Amendment context, see Hartman v. Moore, 547 U.S.250, 256 (2006), in the case at bar, the Plaintiff fails to state a claim for retaliation under the First Amendment.

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON For a prisoner to state a First Amendment retaliation claim, the prisoner must establish: (1) that his speech or act was constitutionally protected; (2) that the defendant's retaliatory conduct adversely affected the protected speech or act; and (3) that there is a causal connection between the retaliatory actions and the adverse effect on the speech or act. Douglas v. Yates, 535 F.3d 1316, 1321 (11th Cir. 2008). In this case, the Plaintiff cannot prove that his rights under the First Amendment were violated. Plaintiff concedes that he cannot attend a house of worship more than five miles from the facility. Exceptions can be made if the denomination of worship cannot be located within five miles of the program. Plaintiff claims that Gispert and Adams prevented him from attending a specific Romanian Orthodox Church on State Road 7, Pembroke Pines. As this Church was more than five miles away from Dismas, Defendants properly denied the request. It appears that the Plaintiff’s complaint is not that the Defendants did not permit him to attend a Romanian Orthodox Church but the specific Romanian Church he selected and wanted to attend. Since there are no allegations that the Defendants would not permit him to attend a Romanian Church that was closer to Dismas even if it was slightly more than five miles away, the Plaintiff cannot carry his burden of proof. See Green v. Mowery, 212 Fed. Appx. 918, 920 (11th Cir. 2006) (noting summary judgment appropriate on First Amendment retaliation claim where prisoner failed to identify specific grievance he filed related to discipline and failed to identify specific retaliation related to any grievance). Thus, even taking the Plaintiff’s allegations as true, the Plaintiff has failed to state a claim for First Amendment retaliation under the facts as alleged in the Amended Complaint

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON The Defendants did not prohibit the Plaintiff from worshiping in his chosen denomination. The Defendants merely would not approve his request to worship at a specific church beyond five miles as opposed to his right to worship at all. Accordingly, his freedom of religion was not violated. 3. The Plaintiff has failed to appear for depositions, Defendants’ designated facts should be taken as established for purposes of this Motion for Summary Judgment as the Defendants’ claim and Plaintiff’s pleadings should be stricken.

Defendants filed a Motion to Strike Plaintiff’s Pleadings for failing to appear for depositions. (Docket 78 and 89, which are incorporated as though fully set forth herein)

Plaintiff’s failure to appear has inhibited Defendants ability to defend the case and oppose Plaintiff’s Motion for Summary Judgment. Plaintiff was set for his deposition on October 10, 2011. The deposition was cancelled at the request of the Plaintiff. The Plaintiff was reset for deposition on November 11, 2011 and again reset for deposition on December 5, 2011. The Plaintiff failed to appear for his depositions on November 11 and December 5, 2011. Despite the fact that the Plaintiff claims he has medical issues that prevent him from appearing for depositions, the Plaintiff was able to appear for mediation on November 1, 2011, prepare a Motion for Summary Judgment. (Docket 72-75) Further, the Plaintiff has been well enough to file additional briefs, including the 18 page single spaced brief, with case citations, along with various Motions, Objections to the Magistrates Report and an Amended Complaint. (Docket Numbers 86, 90, 96 and 100) Rule 37(d) deals with sanctions used when a party fails to cooperate in discovery and “allows the court to strike out pleadings and render default judgment against the disobedient party.” The Plaintiff’s failure to comply with the Rules of Civil Procedure merit striking his

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON motion for summary judgment, directing that the designated facts of the Defendants be taken as established for purposes of the action, as the Defendants claim; prohibiting the disobedient party from supporting or opposing designated claims or defenses (including his Motion for Summary Judgment), prohibit the Plaintiff from introducing designated matters in evidence and dismissing his complaint. Accordingly, the Defendants’ Motion for Summary Judgment must be granted. CONCLUSION For the reasons set forth above, the Defendants would move this Court for an Order granting all Defendants Final Summary Judgment and any further relief the Court deems just and proper. Respectfully submitted, EISINGER, BROWN, LEWIS, FRANKEL, & CHAIET, P.A. Attorneys for Defendants 4000 Hollywood Boulevard Suite 265-South Hollywood, FL 33021 (954) 894-8000 (954) 894-8015 Fax BY: /S/ David S. Chaiet____________ DAVID S. CHAIET, ESQUIRE FBN: 963798

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 12th day of July, 2012, 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

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 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: [email protected]

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

3.

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.
6.

Dismas is a private non-profit corporation known as a CCC Contractor.
As a result of the Plaintiffs health issues, Plaintiff was released to home

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

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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).

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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

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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-AMS Document 113-1 Entered on FLSD Docket 12/16/2011 Page 55of 62 Case 1:11-cv-20120-PAS Document 83-2 Entered on FLSD Docket 07/12/2012 Page of 62

25.
26.
owned it.

Following the violation, the vehicle was searched for safety reasons and a
The Plaintiff was not authorized to possess acell phone, regardless of who

cell phone allegedly belonging to the Plaintiffs family was discovered.

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.
31.

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

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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-AMS Document 113-1 Entered on FLSD Docket 12/16/2011 Page 77of 62 Case 1:11-cv-20120-PAS Document 83-2 Entered on FLSD Docket 07/12/2012 Page of 62

FURTHER AFFIANT SAYETH NAUGHT.

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

day of

My Commission Expires: 3V'H I 3o\2>
(PrintVFype or Stamp Commissioned Name of I 'otary Public
Personally Known • OR Produced Identification Q3 Type of Identification Produced: pU->*zi£*3XVw</^ LiC^tn&C
LAURIE L JACKSON

*

Jfc*

My Comm. Expkn Mar 14.2011]
BorMTlmgklWIoaiMIMryAiHj
Cornmittioa#OON46a7

Notary PuoHc - tU» of florid*

Case 1:11-cv-20120-AMS Document 113-1 Entered on FLSD Docket 12/16/2011 Page 88of 62 Case 1:11-cv-20120-PAS Document 83-2 Entered on FLSD Docket 07/12/2012 Page of 62

CERTIFICATE OF SERVICE

authorized manner for those counsel or parties who are authorized to receive electronically Notices of Electronic Filing.
/s/ David S. Chaiet

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

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

DAVID S. CHAIET, ESQUIRE
Florida Bar No. 963798

Case 1:11-cv-20120-AMS Document 113-1 Entered on FLSD Docket 12/16/2011 Page 99of 62 Case 1:11-cv-20120-PAS Document 83-2 Entered on FLSD Docket 07/12/2012 Page 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 83-2 Entered onon FLSD Docket 07/12/2012 Page 10 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 10 of 62 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 Dania Beach Operations Manual - Reviewed/Revised 5/2010

Dismas Charities, Inc. Proprietary Information

{_ > ' '\ "J Yj

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 11 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 11 of 62 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

\
v-

call in and request achange ofdestination, prior to making the move. Itis important to remember that asking to
Dismas Charities, Inc. Proprietary Information Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010 4

f

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\

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

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In a Fire Situation:

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

> Ifthe room is smoky or you smell smoke, get on your hands and knees (or stomach) and crawl to the
> Feel the doorknob; if hot, DO NOT open the door; if cold, open the door slowly, and move toward the
closest exit.

> 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.
>

> DO NOT PROP EXIT DOORS OPEN!

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
Charities Dania Beach Handbook/Rules and Regulations at the time ofinitial intake.

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

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.
result in greater sanctions, up to and including your termination from the program.

However, apattern or increasing number of disciplinary infractions or gross violation of program rules could
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
Dismas Charities, Inc. Proprietary Information
Dismas Charities Dania Beach Operations Manual - Reviewed/Revised 5/2010

-threerstaffnrcmbervriH^ A .recommended sanction(s) will be determined at the conclusion of the formal hearing and the report, hearing,
11

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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
100

200 =High

300 =Moderate

400 =Low
SANCTIONS
197 Useofthe telephone to furthercriminal activity.

PROHIBITED ACTS
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.

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.

102

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

199

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

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.
Recommended parole date rescissionor retardation

A.

B.

Forfeitearnedstatutorygood time or non-vested goodconduct

104

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

sharpened instrument, knife, dangerous chemical, explosive orany
ammunition.

(an extragoodtimeor goodconduct timesanction maynotbe B.I Disallow ordinarily between 50and75%(27-41days)ofgood
conducttime credit available for year (a good conducttime sanction may not be suspended)

105

Rioting

106
107

Encouragingothers to riot
Taking hostage(s)

C.

Disciplinary Transfer(recommend)

108

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

D.
E.

Disciplinary segregation (up to 60 days)
Make monetary restitution

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

F.

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

109

(Not to be used)

G.

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

110 11 ]

Refusing toprovide a urine sample ortotake part inother drug
abuse testing

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

II?
113

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

Possession ofany narcotics, marijuana, drugs, or related

paraphernalia not prescribed for the individual by the medical staff
PROHIBITED ACT
SANCTIONS
202 203 204

CODE

200

Escape from unescorted Community Programs and activities and Open Insh'tutions (minimum) and from outside secure institutions- without violence.

(Not to be used)

Threatening anotherwithbodilyharmor anyotheroffense Extortion, blackmail, protection: Demanding or receiving money or

201

Fightingwith another person

anything ofvalue inreturn forprotection against others, toavoid bodily
12

Dismas Charities, Inc. Proprietary Information

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

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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.

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

j:arci

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
phone privileges.

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

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
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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
continued placement within the program.

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 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.
2.
3.

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

Physical Address (nota PO BOX or Route Address)
Immediate Supervisor
Work Schedule

4.
—S-.
6.

7.

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

Full or Part-Time Status

~must-be4mmediately-reported-to-the-Employment-Speeialistand-your-Gounselor^-Any changes—

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
in jobs must be pre-approved by your Counselor and the Facility Director and/or Assistant
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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.
from the Facility Director and/or Assistant Director, Counselor, or BOP.
STAFF DIRECTION AND INSTRUCTION

pSierimlst attend all required program meetings unless otherwise permitted to be absent
Residents must obey all direct orders from staff. Residents will obey all orders and special
by the Individual Program Plan, supervising authorities and court orders.
RECREATION

conditions imposed by the supervising authorities. Residents will follow all conditions set forth
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
Pre-trial or CCC status Placements are not eligible for this privilege.
TRANSPORTATION

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

—you are responsible fui vour cost and means oftransportation.

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, 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

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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.

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:

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

~ColH^SFO~^"Facllit^

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

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

level are denied'access to the communiry—

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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.
which could be used as a weapon).

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

Food or Beverages outside the Dining Room. Food orbeverages containing poppy seeds.
Personal fans or heaters
Credit cards

I-Pads, DVD's/Video Game Equipment, and Tape Recorders. (Includes video games &Tapes)
Cameras or any video recording devices
Extension cords, multi-plug devices
Tools

Computers, Blackberry type hand-held devices, typewriters with memory, TV/VCR, I-Touch,

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

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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)

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.

(c) (d)

(e)

(f)

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.

(g) (h)

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

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(e)

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

(f)
(g)

Residents may go outside in the recreation areas at the assigned times only.
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) (e) (f) (g) (h) JT)__

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.

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 83-2 Entered onon FLSD Docket 07/12/2012 Page 22 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 22 of 62 62

(j) (k) (1) (m)

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

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

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

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. 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

9. General Conduct

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

(e)

Use of profanity is prohibited.

(f)

No resident may have authority over another resident; harassment in any
form is prohibited.

(g) (h)
(i) (j) (k)

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

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 83-2 Entered onon FLSD Docket 07/12/2012 Page 23 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 23 of 62 62

(m) (n)
(o) (p)

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,

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

(q)
(r) (s)

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

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) (u) (v)

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

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

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) (c)
(d) (e)

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

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.

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 83-2 Entered onon FLSD Docket 07/12/2012 Page 24 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 24 of 62 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

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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//,

/^J^-

Date

7/28 fa

Restrictions dated

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

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^

7/2£ //a

PrintNamef^^if^—
m

ffl^
Title /z.

title Qitie/ewt

dci215fed RsviS9d 11/30/04

Page 1 of 1

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Dismas Charities, inc.

Conditions of Residential Community Programs Residence

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

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

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

I, TiHftfiH Jhl&hu/efflLf

(RegisterNumber) f&ST-OOf'

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

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.

cost of necessary medical care I understand that I may be transferred to a suitable institution or

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

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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/-/£f
Staff Printed Name

wvr&f 4j^a& <ay<
Staff Signature* ,/

ent Signature

Date

^/<fo^_

97/2J/20/G
~?/z0//O

Date

Signture u/^'QU^Wu^^_

Print Name 7##fly S^u^MAfr

3rint Name &u,.<i,<*.
0

£*,o*
z^

iitle

/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

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Dismas Charities, inc.

Consent to Disclosure of Information

supervision, or other necessary aspects of release planning.
Resident Signature Staff Witness Signature jftature/^iC

deemed necessary fo respond to all request(s) for information from persons seeking information fo to all from my resident file relating to employment placement, resident placement, community

, hereby consent to the release of information

2£>A?

^^J^-

K_^Dili

7/^ /a

~?/ZjL

CLOTHING RELEASE - ACKNOWLEDGEMENT BY RESIDENT

will not be released until I have returned all property of Dismas Charities, Inc.
Name

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

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

Phone Number

Staff Witness Signature

ResidentSignatur^^^^/^^^ \™* &?/22/&J3 -7/?<0//*
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. I I 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 Date
dcl206

Revised 07/01/03

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

Print IfamSuwe a«^
HygjM?oi 'i
'^

mure

Title /? ?y\

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 29 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 29 of 62 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 « .

Date

97/al^/o

Staff Signature

£^4

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

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

dci225 Revised 07/01/03

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Dismas Charities, Inc.

Hazard Communication Training
Facility

&^
Resident Name lent

Registration Number

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:

Communication Program on
•

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

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

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.
Resident Signature

A'
Staff Signature

</^#xybf>tf*
£-<

Date

aviSD/L^,
Date

07/2^J^O/O

7/lt//*

S€ lUt_

Title fietfcfe*^

Slgntur
fitle a^

dci243 Revised 07/01/03

Page 1 of 1

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Receipt of Personal Property / Contraband List

Receipt of Personal Property List

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

Persona. Property List.. understand that this list contains the maximum!number an!J type of S UndP^nH?hTVed ^ me °r my rePresentative n° ,ist- than 24 hours afteTrecent offhis IM ZS!^thereWi,lHK n° 6XCepti0nS a"0Wed to this >aterAnV excess p'opeCr p?oP^
each item of personal property Iam permitted to possess while at a Dismas Charities Center I

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

nave received

^nt°0rJnMewrS!and Any personal property regardless of quantity or type with Dismas Charities Center guidelines."? *" PerSOn,al Pr°perty wi" be stored in a<*ordancenot stored in acco dance w.th these guidelines will be considered excess property and removed by Dismas staff
Resident Signature 0 ~
Date

a
StaffSignature

>SC

Date

?!&)*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 Name^^r &.^

Print WimiWtiM bobusteffl*

Signture

Title fatftfewt'
dci263

Title

£=?>
Page 1 of 1

Revised 07/01/03

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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 Date

7/20 //o

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

Print Name T&ffm &xjdui/ap7*

Print Name %u^it fiesta

3igntur|^C^L__
Titte /?-/*

dci214

Page 1 of 1

Revised 07/01/03

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 33 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 33 of 62 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?
~>/i gA

Date

Print Name iTfoVM £hJM4&/J£<

Print Name 6^/7/g G^h

Signture
A
fin

Title i&U^e^/- -

dd210fed Revised 07/01/03

Page 1 of 1

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 34 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 34 of 62 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

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
the Attorney General of the United States.

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

Residential Center within the time prescribed, shall be deemed an escape from the custody of

I do hereby acknowledge that I fully understand this law.

This is the <£8
Resident Signature

day of A1*- y
\ ~Q T~Z

,20 ID.

urey

Staff Sign

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

Print Name^'rtn'C
fitle
/2- r*n

(^cjfy-n

\^-J^~

dcl242 Revised 07/01/03

Page 1 of 1

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 35 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 35 of 62 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
Lock Pillow
Pillowcase Sheets

Item

Value ($)
5.00
7.50 2.00

Issued

Turned-in

dl
d

D
•

d-

• •
• • •

each 4.00
12.00

Blanket or Bedspread
Washcloth
Towel

tf jzr

1.00

3.00
10.00 8.00

£f vr
jr
ur

Mattress Pad

a
•

Laundry Containers

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.

Staff Witness Signal

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

f)?J^/2o7^

Hm\?oib

Print Name^^y &4dus&fM
Title Q^i^en-i

Siqnture^Vv^ £&«/cfic*/eek *> ?
/£_/r)

yv7/<f Cr,csl-osi

dci204

Page 1 of 1

Revised 07/01/03

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 36 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 36 of 62 62 Dismas Charities, Inc.

Resident Orientation and Acknowledgement Form
Facilit j' t

.

„

X2*"7/* rzA

\rmw &ta^ ^wcTT^T^/.zs>/<?
Each resident will be thoroughly oriented to the following:
Program Goals / Staff Expectations
Program Services Available

Time

Zo\3o

•

Personal Property List

Individual Program Plan / Changes
Program LevelAdvancement
Legal Status

Community Services Available Special Aftercare Conditions

•
•
•

• Linen Exchange And Laundry Facilities
Work Detail Assignments
Timecard Procedures

Escape Policy

• Financial Responsibility
• Subsistence

Eligibility For Discharge
ConfidentialityOf Information Resident Rights)

• •

Savings Accounts Budgets

Resident Grievances / Admin. Remedy ^3 Program Rules / Restrictions
Disciplinary Actions Emergency Plans / Drills
Fire •

• Restitution / Fines / Child Support
• • Resident Bulletin Boards Wake Up

•
•

Food Service Program
Recreation

•

Severe Weather

•
•

Medical Care/ Health Services
Medication

• •
•

Disaster Emergencies Medical Back-Up
Hazard Communications

Contraband Policy/ List
Searches

•
•
•

• Medication Call (SAM) • Urine Surveillance Policy
Emergency Clothing
Transportation Assistance

• Over-The-Counter / Prescription

Room Inspections

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

2. Resident Suicide Prevention / Intervention Information Sheet
-/

1. Sexual Abuse /Sexual Assault Policy

<€ /£/q<f&^

Date

P7/2lJjolo_
7/£l/
Page 1 of 1
,

s^jss^zsssssrStaff Signature

HS5£r

Date

dci223

Revised 09/30/04

BP-S0434.073
JUL 08

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 37 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 37 of 62 COF NITY BASED PROGRAM AGREEMEF cdfrm 62
FEDERAL BUREAU OF PRISONS

U.S. DEPARTMENT OF JUSTICE

prospective employees, etc., for the purpose of assisting in all phases of community programming and release planning.
will remain in effect until my release from supervision or until revoked in writing by me. Revocation of

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,

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
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.
facility.

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

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 II

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

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. — —

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,

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

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

I also agree that if my confinement is to be electronically

and comply with any

1//Q{0^A^/dui/^ci^k
Copy - CCM; Copy
Central File

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

A^-io
Date

(This form may be replicated via UP)

^vhvVv T

Replaces BP-S434.073 dtd DEC 98

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 38 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 38 of 62 62

CONDITIONS OF HOME CONFINEMENT
Register Number
-tT -_ _ -• - -

$<%S5-06

1. Iwill reside at my approved residence at5^0 \ \A| TV--. , J Ck\ I Ol- •'
2. I will conduct myself ina lawful manner.

IV
'

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

7^
yj)

4. Iwill accept the visits ofCCC/Probationpersonnel to myjob site and home.
'5. Iwill return to the CCC/Probation at lease
participation, and more often ifinstructed to do so.

QX
|U 14

.weekly for routine progress reviews and program

-p * I™11°°,°™»p-«-"y*.*ywe.po»otta„™Elybeinth„ompanyofapmoiipossess.n8the!imc
fX f3 7. T will rpmain steadily «~_t j at 7. Iwill remain pfoo^.'l,, employed _,

without prior approval ofCCC/Probation staff. ,

.and will not change employment

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

foodproductsmayrcsultinpositivetestreLtsf^n^ f I 15. Iagree to pay subsistence for the cost ofmy participation in Home Confinement.
medical care, while Iam on Home Confinement.

r~f2; fl

\ ."•|"!!'M°tySPeda' inSttoralcohol Vm"™ CCC/P'°rrr/P^ ,•**»*moni.0^ progIlmparticipation: UC,i0"S Eitesting as requested hv ihP talta- ("•• T—: bj* 14. I will submit tu miimlysis
14. I will submit tu minalvnte nraln^h^i *„.,*: . .,—-.—

<f& 16. Iunderstand that Iam personally responsible for all costs of my housing meak a„H.

g 6ral subsistence> including

i u•

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

Approved (CCC Director)

1/XkCh<

; i/
C^t £••

h-^tTttWf—^
/T
o )

Date

J5

-/-

^W^

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 39 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 39 of 62 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
Counselor's Signatu

a
Date:

•yj2^-*-<.

Q/^<5/£>'

A
' j f -> I <O

Date:

^hol 10

Effective Date:

Approveji-fD) Disapproved ( )

Director's Signature

Residents file file

/Etl^

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 40 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 40 of 62 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 83-2 Entered onon FLSD Docket 07/12/2012 Page 41 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 41 of 62 62
BP-S205.073
AUG 99

INCIDENT REPORT
OF JUSTICE

(CCC'S)

CDFRM
FEDERAL BUREAU OF PRISONS

U.S.

DEPARTMENT

• 1.

Name of

CCC:

DISMAS CHARITIES,
2. Name of Offender

DANIA BEACH

Part I - Incident Report 3.Register Number
80655-004

4 . Date

of

Incident

5.

Time

Bujduveanu, Traian
6. Place of Incident

10/13/10

1:00pm
Offender

7. Component
Pre Release

8. Type of
Sentence

Dismas charities,
9. Incident:

RRC

Possession manufacture

or introduction of a
309

hazardous

tool. / Violating a condition

of a community program.

Code: 108,

11.

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

Date

& Time

13.

Name & Title

(Printed)

W
14 Incident

-3rG-/l3/10 2:30pm
ivered to Above Offender By

Derek Thomas Assistant Director

15.

Date Incident Report Delivered

It'
Part I Preparation

i 1^Xj2^

(0|2s/fO

16.

Time Incident Report Delivered

Record Copy - Central File Record; Copy - DHO; Copy - Inmate After UDC Action; Copy - Inmate Within 24 Hours Of
(This Form May Be Replicated Via VJP) Replaces BP-205.073 Of MAR 94

&kvU *

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 42 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 42 of 62 62

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 43 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 43 of 62 62 Dismas Charities, Inc.

Disciplinary Report
Resident Name

Bujduveanu, Traian
Rule# 309

Register Number
80655-004

Facility
Dania Beach Status

Date of Alleged Offense
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 Comments nesiaem s comments:
, at >V Z^f

10. Mr. Bujduveanu is
Director.

QM&U&/ /W<?
e.}nW<z*tA-

Resident Signature Reporting Staff Sig Presenting Staff Signature

i/7*<~ yes^yfip'
Date

icms~-k)
Date

J.<J-*C-U3

)4 rvx <?

Date

/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 83-2 Entered onon FLSD Docket 07/12/2012 Page 44 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 44 of 62 62

"n you fx&i0 feral** ^

ofJarHe^

M/ t*s«*«« <** r**"" ° A ***?'

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

<o/C

?fl6£2-

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

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 45 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 45 of 62 62

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

.2e •

WW Jbe^ ZesLW *Sk^ frf

^ay ^
Tfi&'z

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 46 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 46 of 62 62

««laid, a- Puesjioi r$<*s&'i$ •#**•*

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

Pi^e tf**' A"* ^ M « ^ a^"

ff)^ ^

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 47 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 47 of 62 62
Dismas Charities, Inc.

Disciplinary Report
Resident Name

Bujduveanu, Traian
Rule#
309 violation

Register Number
80655-004

Facility
Dania Beach Status Sentenced

Date of Alleged Offense
10/18/10

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 Date

t**®-m
fa

>//S//o

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

Date

/TStaff Signature

Date

dci207int Revised 04/01/04

Page 1 of 1

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 48 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 48 of 62 October \Q}<2£>io 62

-\\) 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
•VhOr has QOUurKfcl uJhlle V>e fe \o fociUtu - We ateo

"to ^\qjr\ Qn\| GtojmentoHon6 *e<yirdirCx irfcic&rrte

\e*U92S -Vo -to do tic^Wt <U>Yves (*.cj. dj^^>joojunaircv)
form -ro FfcL aofxonsv fadUA\_y \\* oteo uxxytVs Of uyx^W

Ux.fco^dutejQnu hOS recced <Ymj^vrveS for a artewanoe
-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 83-2 Entered onon FLSD Docket 07/12/2012 Page 49 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 49 of 62 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;
son nor his wife have come to retrieve his property.

Alexander Bujduveanu permission to pick up his belongings. As of 11/15.10 neither Mr. Bujduveanu's

Derek Thort^as
Assistant Director

FAX NO, P. 01/02 Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 50 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 50 of 62 62

OCT-19-2010 TUE 11:45 AM

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:

October 19, 2010

Reply to
Attn of:

Carlos E. Rodriguez, Community Corrections Manager

Subject:

Bujduveanu, Traian Rejg. No. 80655-004
*** CCC Program Failure ***

To:

U.S. Marshals Service - Fort Lauderdale, Florida
BOP - FDC Miami, FL (JISM & CMC)

Info:

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) change. '

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

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 83-2 Entered on FLSD Docketcdfrm Case 1:11-cv-20120-AMS Document 113-1 REPORT FLSD Docket 07/12/2012 Page 51 of 12/16/2011 Page 51 of 62 BP-S208.073 CENTER DISCIPLINE COMMITTEE Entered on (CCC'S)
MAR 94

62

U.S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

Name

of

Inmate

Register Number
80655-004

Bujduveanu, Traian
Date of Incident

Hearing Date 10/29/10
Prohibited

Date of Incident Report
10/13/10

10/13/10

Act (s)

Code 108,

309

condition of a community program.
I.
Date

Summary of Charge(s Possession, manufacture or introduction of a hazardous tool / Violating a
NOTICE OF CHARGE(S)
Typed Name/Signature DH0

A. Advance written notice of charges (copy of incident report) was given to inmate on
the charges when he was picked up by the US Marshals.
Date Time

10/20/10

at 0739

by Dontallis Render
at

. ( Resident refused to accept a copy of
_^
Time

B. The CDC Hearing was held on

10/29/10
Date

10:50am

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

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

II.

STAFF REPRESENTATIVE

A.
B.

Shennett who was unable to attend due to his work schedule.

Inmate waived right to staff representative: (Yes,/£o./NA) He originally called for RM Corky
NA appeared. Staff

Inmate requested staff representative and to

C.

Requested staff representative declined or could not appear but inmate was advised of option
member Angela Moore was sent as a staff rep and offender Bujduveanu did not request another
staff rep.

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

Ill PRESENTATION OF EVIDENCE.

A.

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

Inmate has been advised of his right to present a statement or to remain silent, to present

and for relevant and

Summary of Inmate Statement:
C. Witnesses:

1-

The inmate requested witnesses:

(Yes/No/NA)

1.
2.

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

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

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

D.

-c° n5ideiM_.the_following__d^_u
phone and charger.

Documentary Evidence: In addition to the incident Report and Investigation, the Committee
Documentation allowing offender Bujduveanu's wife to transport him and photos of the cell

The_Cpmmittee_._co.nsidered the__following documents-

E.

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

(Yes/No/NA)

ExUV l\

BP-s208

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 52 of Case(Continued) 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 52 of 62 62

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.

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

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

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

He then got into

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.
manufacture, or introduction of a hazardous tool.

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

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

VI.

SANCTION RECOMMENDATION

Based on the above evidence the CDC Committee recommends

offender Bujduveanu, Traian remain Disciplinary transferred.
VII. REASON FOR SANCTION RECOMMENDATION

To deter
future.

this

and other

inmates

from committing

similar acts

in

the

VIII.

APPEAL RIGHTS

Inmate was advised.

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

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.

the action.

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

IX.

DISCIPLINE

COMMITTEE
Member Member

Chairperson Galo Rugel
X.

ACTION BY DHO

>4yw<j)

Typed Name/Signature - DHO

Date

END FORM

"' ' "

(This form may be replicated via WP)

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 53 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 53 of 62 62 NOTICE OF CENTER DISCIPLINE COMMITTEE HEARING (CCCS)

U.S. Department ofJustice
Facility

Federal Bureau ofPrisons

(J, Sm^J, (

6#&.

Register number

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

The hearing will be held on:
at thefollowing location;

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

T~7

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

at

rfnk: ,yu\_

;o ?-7Si

^gNf)p.M.)

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.
if so, the staff representative's name is:

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

Inmate's Initials V-^P 'yj (do not) wish to have astaff representative. •-/ £>
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^ ,
You will also have the right to call witnesses at the hearing and to present documentary evidence in your behalf, provided calling

Name: M $M.Ls TW^.W^
p^4 pcn-hc/o^ /teWName:

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

& (Zhfy

hfA/Ar

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.

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

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

Notice cf hearing given to :t bearing giv
.L

/0/2A-J2O/O

:ejry: Employee Signature

JrMQL JGUT^T1V1ZO^O04/

'Date"

/m/t

Fhis fyfm maybe replical^via WP

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 54 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 54 of 62 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,

Th

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

Bore.u^ ^fL^^tZ^L ffctt3h,aupCp°^i„I,MrPUne CO"™U"= «-««i.n a„d «.«. Cente, 3afety „ould be jeopardJJ"^^5 ^ ^ T ^£, 1^"°"' °^
and disposition. or within 20 days of notice of the decisi
eau
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^>
/ DatTe

hv
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 83-2 Entered onon FLSD Docket 07/12/2012 Page 55 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 55 of 62 62
WAIVER OF 24 HOUR NOTICE

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
Inmate Typed or Printed Name
U

I have been advised that I have the right to have a written copy of the charges(s) against me

at
s

Register No.

1
Date ana Time inmate Signed

XO^SSr* °^
witnessed by lEmployee Signature)

Lfi

1

ihi i^ffe
-h vr

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

^w Ifldv

(This form may be replicated via WP)

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 56 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 56 of 62 62

ii.

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Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 57 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 57 of 62 62
BP-S205.073
AUG 99

INCIDENT REPORT

(CCC'S)

CDFRM

U.S.

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

1.

Name

of

CCC:

DISMAS CHARITIES,
2. Name of Offender

DANIA BEACH

Part I - Incident Report
3.Register Number
80655-004

4.

Date of

Incident

Bujduveanu, Traian
6. Place o£ incident—

5.

Time

10/13/10 8. Type u£ Ollendei
Sencence

1:00om

~T~.—Cumpuiifcuil
Pre Release

Dismas charities,

RRC

9. Incident: Possession manufacture, or introduction of a hazardous tool. / Violating a condition
of a community program. Code: 108, 309
staff become aware of incident)

11.

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

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 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 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

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

Date

& Time

13.

Name & Title (Printed)

V

li

-f

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

Derek Thomas Assistant Director

,/ 14 Incident BeportDelivered to Above Offender By

15.

Date Incident Report Delivered

Zo

fU

&tnju^

IS.

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 83-2 Entered onon FLSD Docket 07/12/2012 Page 58 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 58 of 62 62

Part

II

- CDC Action

17.

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:
x Committed The Followinq Prohibited Act.

B. x

The CDC Is Referrinq The Charqe(s)

To The

DHO For Further Hearing.
C.
Did Not Commit A Prohibited Act.

x

The CDC Advised The Offender Of Its Findinq

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 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, or introduction of a hazardous tool.

20.

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-That—The- Completed Report- Accur-ately-Ref lects-The-CDC-Proceedings.

_Galo Rugel_ Chairperson (Typed Name/signature)

y4-rwO

Member

(Typed Name)

Member

(Typed Name)

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 59 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 59 of 62 62
Page 2
BP-S205.073

Part III - Investigation

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

Alone May Not Be Used To Support A Finding That You Have Committed A Prohibited Act.

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
rhe unender was Advised uf The Above Right By _Bobby Lowery
Offender Statement And Attitude

23.

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

_At (uata/time)iu/22/iu

_ati2:oopm

V*' Offender Bujduveanu stated to this
authorization.

rule or regulation.

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

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 was not aware that

they were in the vehicle.

u

25.
Etc.

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

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 83-2 Entered onon FLSD Docket 07/12/2012 Page 60 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 60 of 62 62

Page 2
BP-S205.073

Part III - Investigation

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

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. Etc.

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

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.

It is clear that offender

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.

27.

Action Taken

Disciplinary transfer and refer to the CDC for Hearing.

Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 61 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 61 of 62 62

Part

II

- CDC Action

17.

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.
Did Not Commit A Prohibited Act.

C
Days.

x

The CDC Advised The Offender Of Its Finding

And Of The Right To File An Appeal Within 20 Calendar

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, or introduction of a hazardous tool.

20.

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-Reflects—The-CDC~Pr-oceedings--)

Chairperson (Typed Natrle/sighature)

_Galo Rugel V fXT -KV^O Member

(Typed Name)

Member (Typed Name)

CHECKLIST FOR CDC CERTIFICATION cdfrm Case 1:11-cv-20120-PAS Document 83-2 Entered onon FLSD Docket 07/12/2012 Page 62 of Case 1:11-cv-20120-AMS Document 113-1 Entered FLSD Docket 12/16/2011 Page 62 of 62 94 62 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS BP-S494.073
MAR

Name of

Inmate

*fk_ljJi)UPCA IVaU^
ADVANCE NOTICE OF CHARGE

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

Facility
YES NO

Dismas Charities
NA

_

^7 _ (1)
.(2)

before the appearance before the CDC.

The inmate was given advance written notice of the charge(s) against him no less than 24 hours
Iftheanswerto(l)is"No": (a^The inmate waived the 24-hour notice, or
STAFF REPRESENTATION

(^pX^There exists avalid reason why the 24-hour notice was not given. The reason is:
.(3) The inmate requested a staff representative and that staff representative appeared.
representative.

_(4)
(5)

The inmate did not request a staff representative and, thereby, waived the right to a staff
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) _ (7) _

The inmate waived the right to call witnesses. 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 ^fl QcK*-v\l/}<5_W

—

-

The inmate submitted written documentation which was considered and is includedin the record.
The inmate's statement to the CDC is summarized in the record.
FINDINGS AND SPECEFTC EVTDENCE

y

_(9)

_(10)

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

_(H)

The specific evidencerelied on is adequatelydocumented in the record.
SANCTION

_(12)

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

V
—

~
—

_(13)

The reason for the sanction are adequately documented in the record.
The DHO has added sanctions.

/^^\
— , ,^

_(14)

DHO Signature

Date

(This form may be replicated via WP)

Replaces BP-494 of MAR 91