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United States Marshals Service's Prisoner Medical Care

Report No. 04-14
February 2004
Office of the Inspector General


Appendix VI
USMS Contract Guard Policy

The contract guard is providing services as an independent contractor, and no master/servant, employer/employee, or agency relationship is created by the contract, individuals engaged as contract guards are not entitled to pension benefits, health insurance benefits, or other federal employee benefits or services.

Scope of duties

  • Guarding and transporting federal prisoners to and from medical appointments
  • A USM-7, Bi-weekly Time Report is to be used to record all personal service guard hours.
  • Contract guards cannot be scheduled for more than 16 USMS duty hours per day.
  • Overtime compensation will be paid after 40 hours have been worked per workweek.

Personnel requirement and work experience

All applicants must fulfill the following requirements:
  1. Be a United States citizen,
  1. b. Be at least 21 years of age,
  1. Speak, read and write the English language,
  1. Possess a valid driver's license,
  1. Demonstrate a proficiency in firearms that meets USMS standards if the assignment requires the use of an armed contract guard,
  1. Be physically able to perform the full range of contract guard duties as described in the Statement of Work (SOW) without limitation.
  1. Have no medical problems, e.g., amputations, deformities, disabilities, etc., that would restrict strenuous exertion or prevent satisfactory performance,
  1. Have no history of medical problems, e.g., high blood pressure, heart or respiratory disease, etc., that would restrict strenuous exertion; and
  1. Have no other health-related problems such as alcohol dependency, controlled substance abuse, illegal drug use, mental illness, or psychological disorders.

Categories are used to separate contract guard applicants into groups for the purpose of contracting procedures and processing. These categories do not represent any hierarchy of qualifications.

Category 1: Actively employed sworn state or local enforcement officers.
Category 2: Reserve sworn state or local law enforcement officers with a minimum of 1-year full-time law enforcement employment/experience.
Category 3: Former/retired sworn federal, state, or local law enforcement officers with a minimum of 1-year full-time law enforcement experience who are separated no longer than 5 years from law enforcement employment.
Category 4: Former/retired military police with full-time experience in the performance of guard duties over prisoners on a regular basis who are separated no longer than 5 years from law enforcement.
Category 5: Private security/correctional officers. Employment as a private security guard does not qualify applicants unless they have at least 3 years of full-time guard duties supervising prisoners on a regular basis. Applicants must also have received an accredited law enforcement course of training. Academic or technical training may not be substituted for experience.

Training

  • The districts and JPATS are responsible for ensuring that the contract guard receives the following training, if applicable, within 30 days of providing service. All the following training is required. However, past or current agency training may be used in lieu of USMS training.
  • View the video entitled Invisible Enemies: Blood borne/Airborne Pathogens.
  • Review and become familiar with USMS policies and procedures regarding cellblock operations. JPATS operations, in-district prisoner movement, and the Prisoner Tracking System.
  • Receive training from district or JPATS personnel on the proper application and removal of all USMS restraints. Contract guards must demonstrate their proficiency to the satisfaction of USMS district and JPATS management.
  • Receive training from district or JPATS personnel on the proper procedures and policies for conducting all USMS searches of a person, vehicle and other articles. Contract guards must demonstrate proficiency to the satisfaction USMS district and JPATS management.
  • Contract guards must receive, review, and agree to comply with the current USMS use of force policy, and must certify to their knowledge of the policy

Firearms qualification:

Categories 1 and 2 contract guards are exempt from USMS firearms qualifications if they certify in the Affirmation of Work Qualifications for contract guards that they are currently qualified and authorized to carry their duty firearm. Otherwise, the USMS is required to qualify Categories 1 and 2 contract guards in accordance with USMS firearms policy.

Categories 1 and 2 contract guards must have been qualified by their agency within the past 12 months and must re-qualify at least annually, thereafter. Otherwise, the USMS is required to qualify the contract guards in accordance with USMS firearms policy.

Categories 3, 4, and 5 contract guards are required to qualify in accordance with USMS firearms policy.