Transcript PREA Informationional Presentation

Prison Rape Elimination
Act
Staff Development Emergency Operations
Performance Objectives
Identify 6 costs to society incurred as
a result of sexual assaults inside
prison
 Identify the purposes of the Prison
Rape Elimination Act (PREA)
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Performance Objectives
Identify 5 benefits of reducing the
number of sexual assaults in prison
 Understand the goals and objectives
of the Sexual Assault Response Team
(SART)
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ACA Standards
Revise intake screening requirements to
identify potential victims or potential
predators
 Require that an investigation be conducted
and documented whenever an assault or
threat of assault is reported
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ACA Standards
Require that offenders with history of
sexually assaultive behavior are assessed
by mental health or other qualified
professionals
 Those with a history of sexual assaultive
behavior are identified, monitored and
counseled
 Require offenders at risk for victimization
be identified, monitored and counseled 5
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PREA Calls For
The gathering of national statistics
about the problem
 The development of guidelines for
states about how to address sexual
assaults/violence
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PREA Calls For
 The
creation of a review panel to
hold annual hearings
 The provision of grants to states to
combat the problem
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Costs To Society
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Increased costs to administer prison systems
Levels of violence go up
Health care expenditures are increased (AIDS,
injuries, etc.)
Mental health care expenditures are increased
(PTSD)
Risks of recidivism (The cycle of crime
continues)
Interracial tensions increase (when the victim
and perpetrator are of different races)
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PREA Recommendations
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Zero tolerance
Elimination of sexual assault – top priority
Detection, prevention, reduction, punishment
Increase data
Standardize definitions
Increase accountability of prison officials
Increase efficiency and effectiveness of
federal expenditures
Reduce the costs that sexual assaults in
prison imposes
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IDOC Policy and Procedure
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Includes zero tolerance for all forms of sexual conduct
between offenders and staff, volunteers, contractors,
visitors or other offenders.
Sexual conduct includes: abusive sexual contact against
another offender, staff, contractor, visitor or volunteer;
nonconsensual sexual act against another offender, staff,
contractor, visitor or volunteer; staff/contractor/volunteer/
visitor sexual harassment; and staff/contractor/volunteer/
visitor sexual misconduct.
Defines sexual assault.
Prohibits inappropriate contact with offenders: Policy 0403-103.
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IDOC Policy and
Procedure
 Refers to Indiana Code 35-44-1-5 that
criminalizes sexual contact between staff and
offenders.
 Policy 02-01-115 establishes procedures for
sexual assault prevention and reporting.
 Policy 03-02-103 establishes procedures for
child abuse and neglect reporting.
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IDOC Policy and
Procedure
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Issues an educational brochure to offenders and to
staff.
Has concrete procedures for identifying inappropriate
sexual behavior, including nonconsensual sexual acts,
abusive sexual contact, sexual misconduct, sexual
harassment, and actions to take when such behavior
is identified.
Although the IDOC does not condone consensual
sexual acts between offenders, the IDOC recognizes
and reports consensual sexual acts between offenders.
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Sexual Assault Response Team (SART)
Each Facility Head shall establish a Sexual Assault
Response Team (SART). A SART provides a
coordinated, efficient and supportive response to
victims of sexual assaults. The members of the SART
will provide a full range of comprehensive services to
sexual assault victims who have made the decision to
report a sexual assault. Persons assigned to the
facility’s SART shall receive specialized training in
providing comprehensive services to victims of sexual
assaults.
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Goals and Objectives of SART
 Meet the needs of the victim with crisis intervention
and support services.
 Provide a comprehensive forensic examination
for abuse victims.
 Provide a joint, effective, sensitive approach to victims of
sexual assaults.
 Document and preserve forensic evidence for potential
prosecution.
 Conduct investigations of the crime from notification
through prosecution.
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SART Members and Responsibilities
 Staff designated as First Responders
 Internal Affairs Investigators
 Sexual Assault Nurse Examiners (SANE)
 Victim Advocates
 Local Prosecutors
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Offender Intake into
Department
 Assess offenders within 24 hours of
admission to Department’s intake unit
 Assessment includes Sexual
Violence Assessment Tool (SVAT)
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Housing Facility
Assessment
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When transferred from intake or another
facility, receiving facility determines if offender
has been assessed according to
administrative procedures
If offender hasn’t been assessed in the past
12 months, staff ensure an assessment is
conducted
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Housing Facility
Assessment
Assessment includes:
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A review of offender’s record
Application of Sexual Violence Assessment Tool
(SVAT)
An interview, if necessary, to determine whether
offender is a “likely PREA predator” or a “likely
PREA victim”
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Housing Facility
Assessment
 Offenders identified as “likely PREA
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predators” may be housed in Administrative
Segregation
Offenders identified as “likely PREA
predators” shall not be housed in the
same cell or in a bed adjacent to
offenders who are identified as “likely
PREA victims”
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Housing Facility
Assessment
Offenders identified as “likely PREA
victims” may be housed in Protective
Custody or other assignment that
reduces the likelihood of sexual
victimization
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Observable Signs of
Sexual Assault
 An offender who has difficulty, or pain
while walking or sitting
 An offender who has unusual bruises or
marks that may indicate assault
 Bloody clothing, especially in the seat of
the pants or underwear
 Bloody linen
 Frequent requests by the offender to see
health care staff
 Frequent requests for laundry exchange
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Environmental Signs of
Sexual Assault
 Offender group approaching single offender
 Rumors
 Unaffiliated offenders with organized offenders
 Single offenders who defy the norm “snitching”
 A decrease in interest in normal activities
 Withdrawal from social activities
 Attitude change by an offender
 Offenders who loiter or congregate in blind spots
(areas not readily observable by staff)
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Reporting Inappropriate
Sexual Conduct
 If signs are observed a report shall be made
 An incident report shall be made
 Offenders shall be encouraged to report
 Offenders shall be made aware of how to report
 Offenders shall be able to report to any staff
member
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Reporting Inappropriate
Sexual Behavior
 Any staff person, volunteer, or contractor has a
duty to report
 Staff shall ensure that both their Facility Head
and Internal Affairs are notified
 Facility Head will submit a Report of Critical
Incident
 If a juvenile is involved, a report shall be made
to Child Protective Services
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Investigation of
Inappropriate Sexual
Conduct
 When a report is received, the
alleged victim and alleged
perpetrator shall be physically
separated
 Protective custody or
administrative segregation is
an option
Shift Supervisor shall
inform Facility Head,
SAPP Coordinator,
Internal Affairs,
Medical and Mental
Health Care staff.
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Investigation of
Inappropriate Sexual
Conduct
Facility Internal Affairs staff or
Central Office Internal Affairs staff
shall conduct an investigation
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Crime Scene & Evidence
Preservation
 Primary duties are to provide safety for the victim
and preserve evidence
 Primary source of evidence is the victim
 If within 96 hours of the incident, staff will
preserve as much evidence as possible
 Victim should not shower, brush teeth, use toilet
 Questioning of victim following prescribed
guidelines
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Crime Scene & Evidence
Preservation
 Perpetrator shall be ordered to follow the
same actions as victim with regard to
clothing, toilet, showering, etc.
 Gather all clothing worn during the assault
 Collection of evidence will follow a strict
procedure
 State form 2287: “Chain of Custody
Evidence Card” to be used
CONFIDENTIALITY
“Employees shall not release
any information concerning
other employees or offenders of
the Department without proper
authorization”
IDOC POLICY 04-03-103
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Post Traumatic Stress
Disorder (PTSD)
 Acute Phase Signs
 Long Term Effects
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PTSD Acute Phase Signs
 Fear at inappropriate or unusual times
 Anger at inappropriate or unusual times
 Outward emotional responses
including:
 Talkativeness
 Tenseness
 Crying
 Trembling
 Shock
 Disbelief
 Dispassion
 Quiescence
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PTSD Long Term Effects
 Mental re-experiencing of the assault
 Aversion to sex
 Anxiety
 Phobias
 Depression
 Nightmares
 Suspiciousness (paranoia)
 Sleep disorders
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Medical and Mental Health Services…
 If an allegation is of inappropriate sexual conduct, the
victim shall be referred to the facility’s Health Care staff for
examination in accordance with HCSD 2.30 and the Health
Care Sexual Assault Manual.
 Offender victims shall be provided access to approved outside
victim advocates and/or Mental Health professionals for
support services related to sexual abuse.
 Victims have the right to refuse medical and/or mental health care,
after receiving counseling about the potential value of the services
they would receive and information about confidentiality.
 Should the offender refuse or decline medical treatment the
offender shall sign a REFUSAL OF TREATMENT form which will be
documented in the offender’s Health Care record.
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Victim
Support
 Be professional
 Offer protection from the perpetrator
 Advise victim that an investigation will be conducted
 Refer victim to mental health staff as needed
 Offer counseling and support services
 The Sexual Assault Prevention Committee shall review
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the alleged victim’s PREA Victim Likely flag status and
determine if a change in the flag’s status is necessary
Review victim’s housing/work assignments
May arrange for counseling in the community upon
release
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Offender
Education
Program
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Verbal and written information
Advised of consequences for
inappropriate sexual conduct
Offenders are provided a brochure advising
them of potential dangers of inappropriate
sexual conduct or harassment
How to report victimization
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Sexual Assault Prevention
Coordinator, Committee, and
Statistical Reporting
The Sexual Assault Prevention Coordinator and
Committee oversees sexual assault prevention and
reporting at each facility, and gathers data for
statistical reporting.
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Benefits of Reducing
Sexual Assaults
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Increased security
Cost savings
Increased job satisfaction
Fewer suicides
Fewer reports
Reduced tension among offenders
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You have completed the module on
the Prison Rape Elimination Act.
Please review the module again if
you have any questions, or proceed
to the next module.
Thanks!
Staff Development Emergency Operations
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