Transcript Document 7150909

Prison Rape Elimination Act
Why is this important to us?
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Sexual Victimization in Juvenile Facilities
Reported by Youth, 2008-09
Bureau of Justice Statistics
Report dated: January 2010
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Some Statistics
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12% of youth reported experiencing one or
more incidents of victimization by another
youth or facility staff.
2.6% reported the incident involving
another youth.
10.3% reported an incident involving facility
staff.
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Statistics
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95% of all youth reporting staff sexual
misconduct said they had been victimized
by a female staff.
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In 2008, 42% of staff in state juvenile
facilities were female.
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Rates of Sexual Victimization
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10.8% of males and 4.7% females reported
sexual activity with facility staff.
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9.1% of females and 2% of males reported
unwanted sexual activity with another
youth.
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Sexual Orientation
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Youth with a sexual orientation other than
heterosexual reported significantly higher
rates of sexual victimization by another
youth (12.5%) compared to heterosexual
youth (1.3%)
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Prior Sexual Assault
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Youth who had experienced any prior
sexual assault were more than twice as
likely to report sexual victimization in the
current facility (24.1%), compared with
those with no sexual assault history
(10.1%)
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Elements of a Safe and Secure
Environment
Institutional Culture
Knowing Kids as Individuals
Teamwork
Professional Staff
Daily Program
Women Guilty of Sex With Minor
Telegram and Gazette 11/08
11/08 Telegram and Gazette
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A woman who was a caseworker for the ----- pleaded guilty yesterday to having sex
with a boy client who lives in Leominster. -----, 24, admitted in Court to charge of
inducing a chaste minor into sexual
intercourse.
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She was placed on probation for two years,
ordered to have no contact with the victim, no
unsupervised contact with unrelated minors
and no employment that involved minors
under the age of 16.
At her arraignment on March 28, -----faced a
charge of statutory rape. The charge was
reduced to the charge she pleaded to.
She confirmed 15 incidents of sexual
intercourse with the boy and 5 incidents of
oral sex.
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Inmate wins $1.3 million in Denver
Rape Case 6/11/09
A female inmate sexually assaulted by a
Colorado DOC sergeant was awarded $1.3
million by a federal judge who said he
hoped the damages would be a deterrent to
other correctional officers.
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Consent?
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State Criminal Laws Prohibiting Sexual Misconduct with Offenders in 1990
National Institute of Corrections
Law Enacted
1988
M
Law Enacted
1988
Law Enacted 1983,
Amended in 1995removing necessary
language.
Law Enacted
1986
Law Enacted
1978
Law Enacted
1983
Law Enacted
1986
Law Enacted
1985
Law Enacted
1987
M
Law Enacted
1958
WASHINGTON, DC
Law Enacted
1974
Law Enacted
1983
Law Enacted
1983
Law Enacted
1981
Law Enacted
1987
Law Enacted
1983
Law Enacted
1986
defined as a misdemeanor.
Law Enacted 1989
Source: 1997, Fifty State Survey of Criminal Laws
Prohibiting Sexual Abuse of Prisoners, Brenda V. Smith,
National Women=s Law Center.
Sexual
Misconduct:
defined as a felony.
defined as a felony or mis- demeanor
No laws criminalizing
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State Criminal Laws Prohibiting Sexual Abuse of Juveniles Under
Correctional Supervision
National Institute of Corrections/American University, Washington College of Law
VT N.H.
Vt.
Wash.
Montana
Me.
N.D.
Minn.
Oregon
Mass.
Wis.
Idaho
S. D.
Iowa
Wyoming
Nevada
Neb.
Utah
Ohio
Ill.
WV
In.
Colorado
Kansas
California
N.Y.
Pa.
Mich.
N. M.
Okla.
Hawaii
Alaska
RI
N.J.
D.C.
Del.
Md.
Ark.
S.C.
Ms.
Texas
RI
N.C.
Tenn.
Arizona
Va.
Ky.
Mo.
Ct.
Al.
Ga.
La.
Florida
Juvenile Justice Agencies not covered by laws
Juvenile Justice agencies covered by laws
Source: September 2008. Brenda V. Smith, The
American University, Washington College of Law
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Sexual Misconduct
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Jeopardizes safety
Creates risk of legal action
Harms relationships
Creates negative public image
Diminishes trust and morale
Weakens respect for and authority of staff
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Objectives:
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Questions answered from PREA roll-out
Prevention/Detection and Intervention
Red Flags
Boundary Issues
Review Your Responsibilities
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PRISON RAPE ELIMINATION
ACT
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Signed into Federal Law 09-04-03
Incorporates a zero-tolerance standard
for incidents of sexual assault and rape and
makes prevention a top priority.
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Boundary Violations
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Together with your table group list
behaviors that you think may be boundary
violations….
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Record them and pick a representative to
report back
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Boundary Violations
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Any behavior that does not maintain proper and
respectful verbal and physical boundaries
Includes doing favors you would not want others
to know about
Disclosing inappropriately personal information
Face book/Social Networks????
Unreasonable invasion of privacy
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Boundary Violations…
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Voyeurism
Inappropriate
discussion
Correspondence
Exerting pressure or
coercion to engage in
inappropriate behavior
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Dress Code
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DYS Policy
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DYS requires the
mandatory reporting and
investigation of ANY
allegation of child abuse
or neglect to the
Department of Social
Services.
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Red Flags/Communications
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Language
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Directors, Assistant Directors and Supervisors
should be ensuring that staff are not using
inappropriate language.
Sexual Harassment Definition:
“demeaning references to gender or derogatory
comments about body or clothing”
“repeated profane or obscene language or
gestures”
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Marion County Prosecutor’s Office
April 24, 2006
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In April 2006, charges were filed against
10 employees of the Marion County
Detention Center in Indianapolis
following a five month investigation that
uncovered, “a pervasive pattern of
detention officials molesting young
female detainees.”
8 youth Managers – 52 counts
Superintendent – concealing evidence
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Specific Prevention Strategies
Role Model
 A sexualized environment sets up a
potentially permissive atmosphere
 Environment hues behavior
 Minimize 1:1
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Not allowed on most units!
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Ring Tones
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Programming: Four Groups
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What type of movies should we be showing
kids?
What TV shows are allowed?
Video Games?
Publications?
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Knowing the kids!
Notice Behavior Changes:
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withdrawing/isolating themselves
anxiety, fear or paranoia
nightmares
acting out in an effort to be separated or to
facilitate a transfer
Refusal to shower or eat
Increased medical complaints and attention
seeking
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Awareness Aggressor Activity
•What are the kids saying? Know the climate.
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grouping of probable aggressors
friendly overtures made toward potential
victims
subtle intimidation
taunting new kids
protective pairing
Kids who think they are in charge
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Staff Measures
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Is there a Zero tolerance standard for
inappropriate behavior?
brochures
Can kids talk to staff?
Are you treating any suggestion or
allegation of sexual assault seriously?
Are program rules consistent?
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Safeguards:
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Showers – single showers
NO
YES
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Meetings
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Are staff meeting regularly to discuss red
flag, boundary issues?
How do you do this?
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Supervisions
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Vicarious Liability
When an agency, institution, it’s staff in total
or in part, has knowledge that an
illegal/harmful activity/procedure exists in
an institutional setting (and they make no
visible effort to resolve the issue), they can
be held explicitly liable from a financial,
criminal (or both) perspective!
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After release from the Ventura
California Youth Authority in 2004, a 20
year old woman reported that she had
been sexually assaulted by corrections
staff at the facility in 2003-2004.
The woman’s father stated that six male
corrections officers had engaged in
sexual acts with six female wards, one
of whom was his daughter.
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Efforts:
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the facility’s efforts to prevent these kind of
abuses:
such as requiring that a corrections officer
transporting wards be accompanied by another
officer, were ineffective
The victim’s father stated that, “the problem with
my daughter took place in the midst of more than
one officer and when you have two bad guys
those changes don’t matter.”
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Daniel Macallair, Executive Director
of Facility
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“There are indeed major structural
problems within the youth authority.
Sexual misconduct by corrections
officers is nothing new. This has been
going on for as long and as far back as
we can go.”
“If you snitch on a staff , you will face
retaliation.”
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MA DYS Compliance Measures
Staff Sexual Misconduct 1.5.7(a)
Client Sexual Misconduct 1.5.6(a)
Establishing the following agency procedures
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CODE OF CONDUCT
WE RESPECT EACH OTHER’S SAFETY:
No Verbally or Physically Assaultive Behavior
WE MAINTAIN SELF CONTROL:
No Self-Abusive Behavior
WE ACCEPT THE IMPORTANCE OF BOUNDARIES:
No Relationships Beyond Friendship
WE RESPECT OUR SURROUNDINGS:
No Damage to the Building or Property
WE APPRECIATE EACH OTHER’S INDIVIDUALITY
AND EXPECT A CRIME-FREE ENVIRONMENT:
No Gang Activity
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What is DYS policy on this issue?
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Prevention and Elimination of sexual
misconduct/assault within DYS
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Sexual contact between staff and clients,
and between clients, is always forbidden
and deemed non-consensual
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Zero Tolerance
SEXUAL MISCONDUCT:
Any sexual contact between staff
and clients…
Any sexual contact between
clients…
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Red Flags
Are We Paying Attention to Staff??
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Over-identifying with Youth
Horseplay
Staff granting special requests or “favors”
Staff in the facility during “off hours”
Staff sharing food or snacks with youth
Conversations between staff and youth that are
sexualized in nature
Sitting on laps
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Change in Dress or Appearance
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Flattered by attention of kids
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Red Flags
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Inappropriate dress for the work site
Staff spending time with youth in isolated
situations
Staff calling youth out of their room late at
night
Bringing things in for youth or for one
particular youth
Employee in personal crisis
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Red Flags
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Getting into conflicts with co-workers over a
particular youth
Manipulating chores in favor of a particular youth
Consistent overtime
Coming to work early or staying late
Covering Windows
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March 25, 2006
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A 12 year old boy in a holding room at a
Compton, California courthouse was raped by two
older male juveniles while two others held him
down. Probation Officers who were supposed to
be monitoring the holding room appear to have
deliberately obstructed their view through a glass
window in order to prevent the boys from seeing
them.
Noam N. Levey – Los Angeles Times
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E. CLIENT REPORTING
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To Trusted Staff
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Grievance Form
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Drop Boxes in every program
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No ridicule, retaliation
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Taken seriously, confidentially
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Awareness
Ways Staff Learn of a Sexual
Assault/Misconduct
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How might you hear about sexual misconduct
or assault?
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C. Staff Reporting –
Any Sexual Misconduct
(1)
(2)
(3)
(4)
(5)
(6)
immediately report to a supervisor
incident report
Serious Incident report
51A report
confidential report to the General
Counsel’s office
Failure will result in discipline.
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Sexual Assault
Immediate Needs of Youth/First Aid
 Encourage youth not to wash or
change clothes
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Secure area
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Alert State Police
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Alert General Counsel’s Office
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L. Current Client’s Family
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Sexual contact is strictly prohibited
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Subject to discipline
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Visits:
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You are supervising visits and a woman
arrives to visit her son. You notice that she
is very attractive. She asks you if you would
be interested in having dinner with her.
What would you do?
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M. Former Clients and Family
Per policy which is correct?
1.
Sexual contact is strictly prohibited for
three years after discharge from DYS
2. Sexual contact is strictly prohibited for three
months after discharge from DYS
3. There are no rules prohibiting sexual contact
with youth once they are discharged from DYS
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DYS Compliance Measures
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Shift Administrators will make any
special housing provisions
How can you be proactive in the
prevention ?
Roommate and bedroom assignments?
What factors should you consider?
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California Youth Authority
“To escape repeated victimization, some youth
deliberately assaulted other youth or staff to be
placed in single rooms in temporary detention
units or other restricted housing units.”
Why are kids asking for room changes?
Question them.
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G. ROOMMATE AND BEDROOM
ASSIGNMENTS
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Factors: chronological age
maturity
functioning level
gang affiliation
level of sophistication
size & strength
disabilities & infirmities
behavioral history
offenses
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Known Sex Offenders
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Where should you put them?
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H. SEPARATION OF CLIENTS
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if evidence of sexual misconduct,
shall separate clients
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if evidence of boundary violations,
consider whether to separate
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Why is this important?
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“No Escape: Prison Rape in America”
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Directed By: Gabriel London
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Now is the Time!
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