facility_name: Bay Regional Juvenile Detention Center

summary: PREA - Year 2 Cycle 4

raw_content:
PREA Facility Audit Report: Final
Name of Facility: Bay Regional Juvenile Detention Center
Facility Type: Juvenile
Date Interim Report Submitted: NA
Date Final Report Submitted: 02/29/2024
Auditor Certification
The contents of this report are accurate to the best of my knowledge.
No conflict of interest exists with respect to my ability to conduct an audit of the
agency under review.
I have not included in the final report any personally identifiable information (PII)
about any inmate/resident/detainee or staff member, except where the names of
administrative personnel are specifically requested in the report template.
Auditor Full Name as Signed: Shirley Turner Date of
Signature:
02/29/
2024
AUDITOR INFORMATION
Auditor name: Turner, Shirley
Email: shirleyturner3199@comcast.net
Start Date of On- 02/05/2024
Site Audit:
End Date of On-Site 02/06/2024
Audit:
FACILITY INFORMATION
Facility name: Bay Regional Juvenile Detention Center
Facility physical 450 East 11th Street, Panama City, Florida - 32401
address:
Facility mailing
address:
Primary Contact
Name: Rhonda Hartwell
Email Address: Rhonda.Hartwell@fldjj.gov
Telephone Number: 8505270454
Superintendent/Director/Administrator
Name: Rhonda Hartwell
Email Address: Rhonda.Hartwell@fldjj.gov
Telephone Number: 8505270454
Facility PREA Compliance Manager
Name: Rhonda Hartwell
Email Address: rhonda.hartwell@fldjj.gov
Telephone Number: O: (850) 527-0454
Name: Dorline Jordan
Email Address: dorline.jordan@fldjj.gov
Telephone Number: O: (850) 481-9530
Facility Health Service Administrator On-Site
Name: Kandace Norris
Email Address: Kandace.Norris@fldjj.gov
Telephone Number: 8506914200 Ext 4192
Facility Characteristics
Designed facility capacity: 32
Current population of facility: 19
Average daily population for the past 12 15
months:
Has the facility been over capacity at any No
point in the past 12 months?
Which population(s) does the facility hold? Both females and males
Age range of population: 10-18
Facility security levels/resident custody secure
levels:
Number of staff currently employed at the 35
facility who may have contact with
residents:
Number of individual contractors who have 7
contact with residents, currently
authorized to enter the facility:
Number of volunteers who have contact 7
with residents, currently authorized to
enter the facility:
AGENCY INFORMATION
Name of agency: Florida Department of Juvenile Justice
Governing authority
or parent agency (if
applicable):
Physical Address: 2737 Centerview Drive, Tallahassee, Florida - 32399
Mailing Address:
Telephone number: 8504881850
Agency Chief Executive Officer Information:
Name: Eric S. Hall
Email Address: Eric.Hall@fldjj.gov
Telephone Number: 8504881850
Agency-Wide PREA Coordinator Information
Name: Jeff Wenhold Email Address: jeff.wenhold@fldjj.gov
Facility AUDIT FINDINGS
Summary of Audit Findings
The OAS automatically populates the number and list of Standards exceeded, the number of
Standards met, and the number and list of Standards not met.
Auditor Note: In general, no standards should be found to be "Not Applicable" or "NA." A
compliance determination must be made for each standard. In rare instances where an auditor
determines that a standard is not applicable, the auditor should select "Meets Standard” and
include a comprehensive discussion as to why the standard is not applicable to the facility being
audited.
Number of standards exceeded:
0
Number of standards met:
43
Number of standards not met:
0
POST-AUDIT REPORTING INFORMATION
GENERAL AUDIT INFORMATION
On-site Audit Dates
1. Start date of the onsite portion of the 2024-02-05
audit:
2. End date of the onsite portion of the 2024-02-06
audit:
Outreach
10. Did you attempt to communicate Yes
with community-based organization(s)
or victim advocates who provide
No
services to this facility and/or who may
have insight into relevant conditions in
the facility?
a. Identify the community-based Gulf Coast Advocacy Center - Panama City, FL
organization(s) or victim advocates with
whom you communicated:
AUDITED FACILITY INFORMATION
14. Designated facility capacity: 32
15. Average daily population for the past 15
12 months:
16. Number of inmate/resident/detainee 2
housing units:
17. Does the facility ever hold youthful Yes
inmates or youthful/juvenile detainees?
No
Not Applicable for the facility type audited
(i.e., Community Confinement Facility or
Juvenile Facility)
Audited Facility Population Characteristics on Day One of the Onsite
Portion of the Audit
Inmates/Residents/Detainees Population Characteristics on Day One of the Onsite Portion
of the Audit
36. Enter the total number of inmates/ 21
residents/detainees in the facility as of
the first day of onsite portion of the
audit:
38. Enter the total number of inmates/ 2
residents/detainees with a physical
disability in the facility as of the first
day of the onsite portion of the audit:
39. Enter the total number of inmates/ 1
residents/detainees with a cognitive or
functional disability (including
intellectual disability, psychiatric
disability, or speech disability) in the
facility as of the first day of the onsite
portion of the audit:
40. Enter the total number of inmates/ 0
residents/detainees who are Blind or
have low vision (visually impaired) in the
facility as of the first day of the onsite
portion of the audit:
41. Enter the total number of inmates/ 0
residents/detainees who are Deaf or
hard-of-hearing in the facility as of the
first day of the onsite portion of the
audit:
42. Enter the total number of inmates/ 0
residents/detainees who are Limited
English Proficient (LEP) in the facility as
of the first day of the onsite portion of
the audit:
43. Enter the total number of inmates/ 0
residents/detainees who identify as
lesbian, gay, or bisexual in the facility as
of the first day of the onsite portion of
the audit:
44. Enter the total number of inmates/ 0
residents/detainees who identify as
transgender or intersex in the facility as
of the first day of the onsite portion of
the audit:
45. Enter the total number of inmates/ 0
residents/detainees who reported sexual
abuse in the facility as of the first day of
the onsite portion of the audit:
46. Enter the total number of inmates/ 2
residents/detainees who disclosed prior
sexual victimization during risk
screening in the facility as of the first
day of the onsite portion of the audit:
47. Enter the total number of inmates/ 0
residents/detainees who were ever
placed in segregated housing/isolation
for risk of sexual victimization in the
facility as of the first day of the onsite
portion of the audit:
48. Provide any additional comments No text provided.
regarding the population characteristics
of inmates/residents/detainees in the
facility as of the first day of the onsite
portion of the audit (e.g., groups not
tracked, issues with identifying certain
populations):
Staff, Volunteers, and Contractors Population Characteristics on Day One of the Onsite
Portion of the Audit
49. Enter the total number of STAFF, 35
including both full- and part-time staff,
employed by the facility as of the first
day of the onsite portion of the audit:
50. Enter the total number of 7
VOLUNTEERS assigned to the facility as
of the first day of the onsite portion of
the audit who have contact with
inmates/residents/detainees:
51. Enter the total number of 7
CONTRACTORS assigned to the facility as
of the first day of the onsite portion of
the audit who have contact with
inmates/residents/detainees:
52. Provide any additional comments No text provided.
regarding the population characteristics
of staff, volunteers, and contractors who
were in the facility as of the first day of
the onsite portion of the audit:
INTERVIEWS
Inmate/Resident/Detainee Interviews
Random Inmate/Resident/Detainee Interviews
53. Enter the total number of RANDOM 10
INMATES/RESIDENTS/DETAINEES who
were interviewed:
54. Select which characteristics you Age
considered when you selected RANDOM
INMATE/RESIDENT/DETAINEE Race
interviewees: (select all that apply)
Ethnicity (e.g., Hispanic, Non-Hispanic)
Length of time in the facility
Housing assignment
Gender
Other
None
55. How did you ensure your sample of Conferred with staff, reviewed population
RANDOM INMATE/RESIDENT/DETAINEE sheet, reviewed resident files, observed
interviewees was geographically population.
diverse?
56. Were you able to conduct the Yes
minimum number of random inmate/
resident/detainee interviews?
No
57. Provide any additional comments No text provided.
regarding selecting or interviewing
random inmates/residents/detainees
(e.g., any populations you oversampled,
barriers to completing interviews,
barriers to ensuring representation):
Targeted Inmate/Resident/Detainee Interviews
58. Enter the total number of TARGETED 4
INMATES/RESIDENTS/DETAINEES who
were interviewed:
As stated in the PREA Auditor Handbook, the breakdown of targeted interviews is intended to
guide auditors in interviewing the appropriate cross-section of inmates/residents/detainees who
are the most vulnerable to sexual abuse and sexual harassment. When completing questions
regarding targeted inmate/resident/detainee interviews below, remember that an interview with
one inmate/resident/detainee may satisfy multiple targeted interview requirements. These
questions are asking about the number of interviews conducted using the targeted inmate/
resident/detainee protocols. For example, if an auditor interviews an inmate who has a physical
disability, is being held in segregated housing due to risk of sexual victimization, and disclosed
prior sexual victimization, that interview would be included in the totals for each of those
questions. Therefore, in most cases, the sum of all the following responses to the targeted
inmate/resident/detainee interview categories will exceed the total number of targeted inmates/
residents/detainees who were interviewed. If a particular targeted population is not applicable in
the audited facility, enter "0".
60. Enter the total number of interviews 2
conducted with inmates/residents/
detainees with a physical disability using
the "Disabled and Limited English
Proficient Inmates" protocol:
61. Enter the total number of interviews 0
conducted with inmates/residents/
detainees with a cognitive or functional
disability (including intellectual
disability, psychiatric disability, or
speech disability) using the "Disabled
and Limited English Proficient Inmates"
protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff, reviewed resident files.
to determine if this population exists in
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
62. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are Blind or have low
vision (i.e., visually impaired) using the
"Disabled and Limited English Proficient
Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff, reviewed resident files,
to determine if this population exists in observed population.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
63. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are Deaf or hard-of-
hearing using the "Disabled and Limited
English Proficient Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff, reviewed resident files.
to determine if this population exists in
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
64. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are Limited English
Proficient (LEP) using the "Disabled and
Limited English Proficient Inmates"
protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff, reviewed resident files.
to determine if this population exists in
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
65. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who identify as lesbian, gay,
or bisexual using the "Transgender and
Intersex Inmates; Gay, Lesbian, and
Bisexual Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff, reviewed resident files.
to determine if this population exists in
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
66. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who identify as transgender
or intersex using the "Transgender and
Intersex Inmates; Gay, Lesbian, and
Bisexual Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff, reviewed resident files.
to determine if this population exists in
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
67. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who reported sexual abuse in
this facility using the "Inmates who
Reported a Sexual Abuse" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff, reviewed resident files.
to determine if this population exists in
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
68. Enter the total number of interviews 2
conducted with inmates/residents/
detainees who disclosed prior sexual
victimization during risk screening using
the "Inmates who Disclosed Sexual
Victimization during Risk Screening"
protocol:
69. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are or were ever placed
in segregated housing/isolation for risk
of sexual victimization using the
"Inmates Placed in Segregated Housing
(for Risk of Sexual Victimization/Who
Allege to have Suffered Sexual Abuse)"
protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Interviewed staff, conferred with staff;
to determine if this population exists in isolation not used for this purpose.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
70. Provide any additional comments No text provided.
regarding selecting or interviewing
targeted inmates/residents/detainees
(e.g., any populations you oversampled,
barriers to completing interviews):
Staff, Volunteer, and Contractor Interviews
Random Staff Interviews
71. Enter the total number of RANDOM 12
STAFF who were interviewed:
72. Select which characteristics you Length of tenure in the facility
considered when you selected RANDOM
STAFF interviewees: (select all that Shift assignment
apply)
Work assignment
Rank (or equivalent)
Other (e.g., gender, race, ethnicity,
languages spoken)
None
73. Were you able to conduct the Yes
minimum number of RANDOM STAFF
interviews?
No
74. Provide any additional comments No text provided.
regarding selecting or interviewing
random staff (e.g., any populations you
oversampled, barriers to completing
interviews, barriers to ensuring
representation):
Specialized Staff, Volunteers, and Contractor Interviews
Staff in some facilities may be responsible for more than one of the specialized staff duties.
Therefore, more than one interview protocol may apply to an interview with a single staff
member and that information would satisfy multiple specialized staff interview requirements.
75. Enter the total number of staff in a 6
SPECIALIZED STAFF role who were
interviewed (excluding volunteers and
contractors):
76. Were you able to interview the Yes
Agency Head?
No
77. Were you able to interview the Yes
Warden/Facility Director/Superintendent
or their designee?
No
78. Were you able to interview the PREA Yes
Coordinator?
No
79. Were you able to interview the PREA Yes
Compliance Manager?
No
NA (NA if the agency is a single facility
agency or is otherwise not required to have a
PREA Compliance Manager per the Standards)
80. Select which SPECIALIZED STAFF Agency contract administrator
roles were interviewed as part of this
audit from the list below: (select all that Intermediate or higher-level facility staff
apply) responsible for conducting and documenting
unannounced rounds to identify and deter
staff sexual abuse and sexual harassment
Line staff who supervise youthful inmates
(if applicable)
Education and program staff who work with
youthful inmates (if applicable)
Medical staff
Mental health staff
Non-medical staff involved in cross-gender
strip or visual searches
Administrative (human resources) staff
Sexual Assault Forensic Examiner (SAFE) or
Sexual Assault Nurse Examiner (SANE) staff
Investigative staff responsible for
conducting administrative investigations
Investigative staff responsible for
conducting criminal investigations
Staff who perform screening for risk of
victimization and abusiveness
Staff who supervise inmates in segregated
housing/residents in isolation
Staff on the sexual abuse incident review
team
Designated staff member charged with
monitoring retaliation
First responders, both security and non-
security staff
Intake staff
Other
81. Did you interview VOLUNTEERS who Yes
may have contact with inmates/
residents/detainees in this facility?
No
a. Enter the total number of 2
VOLUNTEERS who were interviewed:
b. Select which specialized VOLUNTEER Education/programming
role(s) were interviewed as part of this
audit from the list below: (select all that Medical/dental
apply)
Mental health/counseling
Religious
Other
82. Did you interview CONTRACTORS Yes
who may have contact with inmates/
residents/detainees in this facility?
No
a. Enter the total number of 2
CONTRACTORS who were interviewed:
b. Select which specialized CONTRACTOR Security/detention
role(s) were interviewed as part of this
audit from the list below: (select all that Education/programming
apply)
Medical/dental
Food service
Maintenance/construction
Other
83. Provide any additional comments The agency head designee and investigative
regarding selecting or interviewing staff were interviewed previously during
specialized staff. another audit for the agency.
SITE REVIEW AND DOCUMENTATION SAMPLING
Site Review
PREA Standard 115.401 (h) states, "The auditor shall have access to, and shall observe, all areas
of the audited facilities." In order to meet the requirements in this Standard, the site review
portion of the onsite audit must include a thorough examination of the entire facility. The site
review is not a casual tour of the facility. It is an active, inquiring process that includes talking
with staff and inmates to determine whether, and the extent to which, the audited facility's
practices demonstrate compliance with the Standards. Note: As you are conducting the site
review, you must document your tests of critical functions, important information gathered
through observations, and any issues identified with facility practices. The information you
collect through the site review is a crucial part of the evidence you will analyze as part of your
compliance determinations and will be needed to complete your audit report, including the Post-
Audit Reporting Information.
84. Did you have access to all areas of Yes
the facility?
No
Was the site review an active, inquiring process that included the following:
85. Observations of all facility practices Yes
in accordance with the site review
component of the audit instrument (e.g.,
No
signage, supervision practices, cross-
gender viewing and searches)?
86. Tests of all critical functions in the Yes
facility in accordance with the site
review component of the audit
No
instrument (e.g., risk screening process,
access to outside emotional support
services, interpretation services)?
87. Informal conversations with inmates/ Yes
residents/detainees during the site
review (encouraged, not required)?
No
88. Informal conversations with staff Yes
during the site review (encouraged, not
required)?
No
89. Provide any additional comments No text provided.
regarding the site review (e.g., access to
areas in the facility, observations, tests
of critical functions, or informal
conversations).
Documentation Sampling
Where there is a collection of records to review-such as staff, contractor, and volunteer training
records; background check records; supervisory rounds logs; risk screening and intake
processing records; inmate education records; medical files; and investigative files-auditors must
self-select for review a representative sample of each type of record.
90. In addition to the proof Yes
documentation selected by the agency
or facility and provided to you, did you
No
also conduct an auditor-selected
sampling of documentation?
91. Provide any additional comments No text provided.
regarding selecting additional
documentation (e.g., any documentation
you oversampled, barriers to selecting
additional documentation, etc.).
SEXUAL ABUSE AND SEXUAL HARASSMENT ALLEGATIONS AND
INVESTIGATIONS IN THIS FACILITY
Sexual Abuse and Sexual Harassment Allegations and Investigations
Overview
Remember the number of allegations should be based on a review of all sources of allegations
(e.g., hotline, third-party, grievances) and should not be based solely on the number of
investigations conducted. Note: For question brevity, we use the term “inmate” in the following
questions. Auditors should provide information on inmate, resident, or detainee sexual abuse
allegations and investigations, as applicable to the facility type being audited.
92. Total number of SEXUAL ABUSE allegations and investigations overview during
the 12 months preceding the audit, by incident type:
# of allegations
# of
# of that had both
sexual # of criminal
administrative criminal and
abuse investigations
investigations administrative
allegations
investigations
Inmate- 1 0 1 0
on-
inmate
sexual
abuse
Staff- 1 0 1 0
on-
inmate
sexual
abuse
Total 2 0 2 0
93. Total number of SEXUAL HARASSMENT allegations and investigations overview
during the 12 months preceding the audit, by incident type:
# of allegations
# of sexual # of that had both
# of criminal
harassment administrative criminal and
investigations
allegations investigations administrative
investigations
Inmate-on- 0 0 0 0
inmate
sexual
harassment
Staff-on- 0 0 0 0
inmate
sexual
harassment
Total 0 0 0 0
Sexual Abuse and Sexual Harassment Investigation Outcomes
Sexual Abuse Investigation Outcomes
Note: these counts should reflect where the investigation is currently (i.e., if a criminal
investigation was referred for prosecution and resulted in a conviction, that investigation
outcome should only appear in the count for “convicted.”) Do not double count. Additionally, for
question brevity, we use the term “inmate” in the following questions. Auditors should provide
information on inmate, resident, and detainee sexual abuse investigation files, as applicable to
the facility type being audited.
94. Criminal SEXUAL ABUSE investigation outcomes during the 12 months preceding
the audit:
Referred Indicted/
Convicted/
Ongoing for Court Case Acquitted
Adjudicated
Prosecution Filed
Inmate-on- 0 0 0 0 0
inmate sexual
abuse
Staff-on- 0 0 0 0 0
inmate sexual
abuse
Total 0 0 0 0 0
95. Administrative SEXUAL ABUSE investigation outcomes during the 12 months
preceding the audit:
Ongoing Unfounded Unsubstantiated Substantiated
Inmate-on-inmate 0 0 1 0
sexual abuse
Staff-on-inmate 0 1 0 0
sexual abuse
Total 0 1 1 0
Sexual Harassment Investigation Outcomes
Note: these counts should reflect where the investigation is currently. Do not double count.
Additionally, for question brevity, we use the term “inmate” in the following questions. Auditors
should provide information on inmate, resident, and detainee sexual harassment investigation
files, as applicable to the facility type being audited.
96. Criminal SEXUAL HARASSMENT investigation outcomes during the 12 months
preceding the audit:
Indicted/
Referred
Court Convicted/
Ongoing for Acquitted
Case Adjudicated
Prosecution
Filed
Inmate-on- 0 0 0 0 0
inmate sexual
harassment
Staff-on- 0 0 0 0 0
inmate sexual
harassment
Total 0 0 0 0 0
97. Administrative SEXUAL HARASSMENT investigation outcomes during the 12
months preceding the audit:
Ongoing Unfounded Unsubstantiated Substantiated
Inmate-on-inmate 0 0 0 0
sexual
harassment
Staff-on-inmate 0 0 0 0
sexual
harassment
Total 0 0 0 0
Sexual Abuse and Sexual Harassment Investigation Files Selected for
Review
Sexual Abuse Investigation Files Selected for Review
98. Enter the total number of SEXUAL 2
ABUSE investigation files reviewed/
sampled:
99. Did your selection of SEXUAL ABUSE Yes
investigation files include a cross-
section of criminal and/or administrative
No
investigations by findings/outcomes?
NA (NA if you were unable to review any
sexual abuse investigation files)
Inmate-on-inmate sexual abuse investigation files
100. Enter the total number of INMATE- 1
ON-INMATE SEXUAL ABUSE investigation
files reviewed/sampled:
101. Did your sample of INMATE-ON- Yes
INMATE SEXUAL ABUSE investigation
files include criminal investigations?
No
NA (NA if you were unable to review any
inmate-on-inmate sexual abuse investigation
files)
102. Did your sample of INMATE-ON- Yes
INMATE SEXUAL ABUSE investigation
files include administrative
No
investigations?
NA (NA if you were unable to review any
inmate-on-inmate sexual abuse investigation
files)
Staff-on-inmate sexual abuse investigation files
103. Enter the total number of STAFF- 1
ON-INMATE SEXUAL ABUSE investigation
files reviewed/sampled:
104. Did your sample of STAFF-ON- Yes
INMATE SEXUAL ABUSE investigation
files include criminal investigations?
No
NA (NA if you were unable to review any
staff-on-inmate sexual abuse investigation
files)
105. Did your sample of STAFF-ON- Yes
INMATE SEXUAL ABUSE investigation
files include administrative
No
investigations?
NA (NA if you were unable to review any
staff-on-inmate sexual abuse investigation
files)
Sexual Harassment Investigation Files Selected for Review
106. Enter the total number of SEXUAL 0
HARASSMENT investigation files
reviewed/sampled:
a. Explain why you were unable to There were no allegations of sexual
review any sexual harassment harassment during the past 12 months.
investigation files:
107. Did your selection of SEXUAL Yes
HARASSMENT investigation files include
a cross-section of criminal and/or No
administrative investigations by
findings/outcomes?
NA (NA if you were unable to review any
sexual harassment investigation files)
Inmate-on-inmate sexual harassment investigation files
108. Enter the total number of INMATE- 0
ON-INMATE SEXUAL HARASSMENT
investigation files reviewed/sampled:
109. Did your sample of INMATE-ON- Yes
INMATE SEXUAL HARASSMENT files
include criminal investigations?
No
NA (NA if you were unable to review any
inmate-on-inmate sexual harassment
investigation files)
110. Did your sample of INMATE-ON- Yes
INMATE SEXUAL HARASSMENT
investigation files include administrative
No
investigations?
NA (NA if you were unable to review any
inmate-on-inmate sexual harassment
investigation files)
Staff-on-inmate sexual harassment investigation files
111. Enter the total number of STAFF- 0
ON-INMATE SEXUAL HARASSMENT
investigation files reviewed/sampled:
112. Did your sample of STAFF-ON- Yes
INMATE SEXUAL HARASSMENT
investigation files include criminal
No
investigations?
NA (NA if you were unable to review any
staff-on-inmate sexual harassment
investigation files)
113. Did your sample of STAFF-ON- Yes
INMATE SEXUAL HARASSMENT
investigation files include administrative
No
investigations?
NA (NA if you were unable to review any
staff-on-inmate sexual harassment
investigation files)
114. Provide any additional comments No text provided.
regarding selecting and reviewing
sexual abuse and sexual harassment
investigation files.
SUPPORT STAFF INFORMATION
DOJ-certified PREA Auditors Support Staff
115. Did you receive assistance from any Yes
DOJ-CERTIFIED PREA AUDITORS at any
point during this audit? REMEMBER: the
No
audit includes all activities from the pre-
onsite through the post-onsite phases to
the submission of the final report. Make
sure you respond accordingly.
Non-certified Support Staff
116. Did you receive assistance from any Yes
NON-CERTIFIED SUPPORT STAFF at any
point during this audit? REMEMBER: the
No
audit includes all activities from the pre-
onsite through the post-onsite phases to
the submission of the final report. Make
sure you respond accordingly.
a. Enter the TOTAL NUMBER OF NON- 1
CERTIFIED SUPPORT who provided
assistance at any point during this audit:
AUDITING ARRANGEMENTS AND COMPENSATION
121. Who paid you to conduct this audit? The audited facility or its parent agency
My state/territory or county government
employer (if you audit as part of a consortium
or circular auditing arrangement, select this
option)
A third-party auditing entity (e.g.,
accreditation body, consulting firm)
Other
Identify the name of the third-party Correctional Management and
auditing entity Communications Group, LLC
Standards
Auditor Overall Determination Definitions
• Exceeds Standard
(Substantially exceeds requirement of standard)
• Meets Standard
(substantial compliance; complies in all material ways with the stand for the relevant
review period)
• Does Not Meet Standard
(requires corrective actions)
Auditor Discussion Instructions
Auditor discussion, including the evidence relied upon in making the compliance or non-
compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions.
This discussion must also include corrective action recommendations where the facility does not
meet standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
Zero tolerance of sexual abuse and sexual harassment; PREA
115.311
coordinator
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ Policy 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Agency Organization Chart
Facility Organization Chart
Interviews:
PREA Coordinator
Superintendent/PREA Compliance Manager
Random Staff
Residents
Provision (a):
An agency shall have a written policy mandating zero tolerance toward all forms of
sexual abuse and sexual harassment and outlining the agency’s approach to
preventing, detecting, and responding to such conduct.
Policy and procedures provide for zero-tolerance of sexual abuse and sexual
harassment and outline how the facility carries out its approach to preventing,
detecting and responding to sexual abuse and sexual harassment. Policy includes
definitions of prohibited behaviors and sanctions for those found to have
participated in prohibited behaviors. Strategies and responses for reducing and
preventing sexual abuse and sexual harassment are detailed in agency policies and
facility operating procedures.
Provision (b):
An agency shall employ or designate an upper-level, agency-wide PREA Coordinator
with sufficient time and authority to develop, implement, and oversee agency
efforts to comply with the PREA standards in all of its facilities.
The facility is a juvenile detention facility governed and operated by the Florida
Department of Juvenile Justice which employs an agency-wide PREA Coordinator
who is in an upper-level management position within the agency. A previous
interview with the PREA Coordinator revealed there is sufficient time and authority
to develop, implement, and oversee the agency’s efforts to comply with the PREA
standards in all operated and contracted facilities.
Provision (c):
Where an agency operates more than one facility, each facility shall designate a
PREA Compliance Manager with sufficient time and authority to coordinate the
facility’s efforts to comply with the PREA standards.
The facility’s Superintendent also serves in the role of the PREA Compliance
Manager as indicated on the facility’s organizational chart. An interview with the
PREA Compliance Manager revealed there is sufficient time to manage the facility’s
PREA compliance efforts and she ensures that staff and residents are educated
regarding PREA.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined the facility is compliant with this standard.
115.312 Contracting with other entities for the confinement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
PREA Coordinator
Superintendent
Contract w/PREA Language Requirement
Provision (a):
A public agency that contracts for the confinement of its residents with private
agencies or other entities, including other government agencies, shall include in any
new contract or contract renewal the entity’s obligation to adopt and comply with
the PREA standards.
The agency contracts with providers for the provision of residential services. All
contracts require the provider to adopt and comply with the PREA Standards and to
submit to PREA compliance audits.
Provision (b):
Any new contract or contract renewal shall provide for agency contract monitoring
to ensure that the contractor is complying with the PREA standards.
A review of a sample of executed contracts for residential facilities reveal the
providers' agreement to comply with all requirements and standards of the Prison
Rape Elimination Act.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined there is compliance with this Standard.
115.313 Supervision and monitoring
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Staffing Plan
Staffing Plan Assessment
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
Random Staff
Provision (a):
The agency shall ensure that each facility it operates shall develop, implement, and
document a staffing plan that provides for adequate levels of staffing, and, where
applicable, video monitoring, to protect residents against sexual abuse. In
calculating adequate staffing levels and determining the need for video monitoring,
facilities shall take into consideration:
(1) Generally accepted juvenile detention and correctional/secure residential
practices;
(2) Any judicial findings of inadequacy;
(3) Any findings of inadequacy from Federal investigative agencies;
(4) Any findings of inadequacy from internal or external oversight bodies;
(5) All components of the facility’s physical plant (including “blind spots” or areas
where staff or residents may be isolated);
(6) The composition of the resident population;
(7) The number and placement of supervisory staff;
(8) Institution programs occurring on a particular shift;
(9) Any applicable State or local laws, regulations, or standards;
(10) The prevalence of substantiated and unsubstantiated incidents of sexual
abuse; and
(11) Any other relevant factors.
Policy and procedures require the facility to develop, implement and document an
approved staffing plan. The Superintendent/PREA Compliance Manager interview
verified the development of the facility’s staffing plan, the continual assessment of
adequate staffing levels and the use of video monitoring to support direct
supervision. Agency policy and staffing plan provide details for maintaining the
staffing ratios and the staffing plan outlines the staffing requirements. The facility’s
staffing plan, internal controls and management ensures that the PREA ratios of 1:8
during the waking hours and 1:16 during the sleeping hours are maintained. In
addition to the direct care staff, support staff provide direct contact with residents in
the provision of treatment and supportive services. Observations during the virtual
site review and interviews indicated the staffing ratios are maintained.
Provision (b):
The agency shall comply with the staffing plan except during limited and discrete
exigent circumstances and shall fully document deviations from the plan during
such circumstances.
A coordinated effort was described in maintaining the staffing ratios. Overage of
direct care staff is provided to assist in ensuring adequate coverage. The operations
of the facility provide for staff to be called in when necessary. The facility is
prepared to document any deviations from the staffing requirements which would
be captured on the Shift Report. The Superintendent regularly monitors the
effectiveness of the work schedules based on the staffing plan requirements. The
staffing plan shows the required staffing ratios. The staffing plan provides for the
staffing ratios to be met and can provide for additional staff for days and times
when increased staffing is required. The staffing plan is based upon the facility’s
capacity of 32 residents. A review of a sample of shift reports and interviews
revealed no deviations from the staffing plan with the support of the facility’s hold-
over policy.
Provision (c):
Each secure juvenile facility shall maintain staff ratios of a minimum of 1:8 during
resident waking hours and 1:16 during resident sleeping hours, except during
limited and discrete exigent circumstances, which shall be fully documented. Only
security staff shall be included in these ratios. Any facility that, as of the date of
publication of this final rule, is not already obligated by law, regulation, or judicial
consent decree to maintain the staffing ratios set forth in this paragraph shall have
until October 1, 2017, to achieve compliance.
Staffing ratios for the facility are provided by the direct care staff. The security
practices and policies ensure the PREA ratios of 1:8 during the waking hours and
1:16 during the sleeping hours. The ratios were discussed and observed for and met
during the site review and review of documentation. Direct care staff members
provide direct observation of residents.
Provision (d):
Whenever necessary, but no less frequently than once each year, for each facility
the agency operates, in consultation with the PREA coordinator required by §
115.311, the agency shall assess, determine, and document whether adjustments
are needed to:
(1) The staffing plan established pursuant to paragraph (a) of this section;
(2) Prevailing staffing patterns;
(3) The facility’s deployment of video monitoring systems and other monitoring
technologies; and
(4) The resources the facility has available to commit to ensure adherence to the
staffing plan.
Documentation of the annual assessment of the staffing plan dated 9/28/2023 was
reviewed and found to be in compliance with all elements contained in (d)-1 of this
standard. The Department of Juvenile Justice's statewide PREA Coordinator and the
Superintendent reviewed the staffing plan to determine if adjustments are needed;
however, no adjustments were recommended during the assessment. The facility
utilizes video monitoring combined with direct staff supervision to protect residents
from sexual abuse and sexual harassment. The facility has a total of 60 cameras
throughout the facility and outside. The annual assessment of the staffing plan
indicated no recommendations.
Provision (e):
Each secure facility shall implement a policy and practice of having intermediate-
level or higher-level supervisors conduct and document unannounced rounds to
identify and deter staff sexual abuse and sexual harassment. Such policy and
practice shall be implemented for night shifts as well as day shifts. Each secure
facility shall have a policy to prohibit staff from alerting other staff members that
these supervisory rounds are occurring, unless such announcement is related to the
legitimate operational functions of the facility.
Agency policy requires intermediate or higher-level staff to conduct unannounced
rounds to deter and identify staff sexual abuse and sexual harassment. An interview
with an intermediate or higher-level staff member and a review of unannounced
rounds documentation revealed over time unannounced rounds are conducted on all
shifts and in the multiple areas of the facility. The unannounced rounds include but
are not limited to checking to see if the program schedule is being followed;
whether the ration is met; and that all areas of the facility are secure and safe.
These type unannounced rounds are conducted by the two Captains and Major.
Resulting information is shared with specific staff for any follow-up; the rounds and
related information is documented in the logbook.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance with this standard.
115.315 Limits to cross-gender viewing and searches
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Training Curriculum
Interviews:
Superintendent
Random Staff
Residents
Provision (a):
The facility shall not conduct cross-gender strip searches or cross-gender visual
body cavity searches (meaning a search of the anal or genital opening) except in
exigent circumstances or when performed by medical practitioners.
FDJJ Policy 1919 and the FOP prohibit cross-gender strip and visual body cavity
searches of youth, except in exigent circumstances or the search is conducted by a
medical practitioner. Exigent circumstances would involve the possibility of the
youth having a weapon or other contraband. There have been no such searches
conducted in the past 12 months as verified by random staff and resident
interviews.
Provision (b):
The agency shall not conduct cross-gender pat-down searches except in exigent
circumstances.
In accordance with policy, cross-gender pat-down searches are prohibited except in
exigent circumstances. Exigent circumstances include the presence of contraband,
according to staff interviews. There were no such searches of residents in the past
12 months.
Provision (c):
The facility shall document and justify all cross-gender strip searches, cross-gender
visual body cavity searches, and cross-gender pat-down searches.
Cross-gender strip and cross-gender visual body cavity searches are prohibited.
Policy provides for documenting the occurrence of searches and the reasons for
each type of search. All interviews confirmed that cross-gender searches have not
occurred at the facility during this audit period. Staff members are instructed to
document all searches. There was no evidence documenting any cross-gender
searches. Policy prohibits cross-gender strip searches and cross-gender visual body
cavity searches. The policy indicates that in the event a cross-gender search is
warranted pursuant to an emergency circumstance, it must be approved by the
Superintendent and the justification for the search documented. Such searches will
be documented on a form currently used for all searches. The form requires the staff
to record the reason for the search. The evidence shows the facility is prepared to
document and justify all cross-gender pat-down searches.
Provision (d):
The facility shall implement policies and procedures that enable residents to
shower, perform bodily functions, and change clothing without nonmedical staff of
the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent
circumstances or when such viewing is incidental to routine cell checks. Such
policies and procedures shall require staff of the opposite gender to announce their
presence when entering a resident housing unit. In facilities (such as group homes)
that do not contain discrete housing units, staff of the opposite gender shall be
required to announce their presence when entering an area where residents are
likely to be showering, performing bodily functions, or changing clothing.
Agency policy and the FOP require opposite sex staff, volunteers and contractors
entering housing units to announce themselves. The facility is configured to allow
residents to shower, perform bodily functions and change clothing without staff of
the opposite sex viewing their bodies. The shower stalls have curtains and the toilet
stalls are private. Staff and resident interviews confirm there is no cross-gender
viewing. Staff members of the opposite gender are required to announce
themselves upon entering the unit. This practice was confirmed through observation
of signage indicating such and observations and interviews with staff. The residents
stated that females routinely work with male staff on the unit; however, they are not
involved in shower or bathroom procedures. No resident interviewed reported ever
having been naked in full view of opposite gender staff while showering, changing
clothing, and performing bodily functions. Additionally, viewing of the cameras and
staff and resident interviews confirmed that residents are not directly viewed by
staff when showering, using the toilet or changing clothes. Observation of the
surveillance system's monitors revealed cameras do not capture showers, toilets or
inside residents’ rooms.
Provision (e):
The facility shall not search or physically examine a transgender or intersex resident
for the sole purpose of determining the resident’s genital status. If the resident’s
genital status is unknown, it may be determined during conversations with the
resident, by reviewing medical records, or, if necessary, by learning that information
as part of a broader medical examination conducted in private by a medical
practitioner.
Policy prohibits the search of transgender or intersex residents solely for the
purpose of determining the residents’ genital status and staff interviews verified no
such searches have occurred in the past 12 months. If the resident’s genital status
is unknown, it may be determined during conversations with the resident, by
reviewing medical records, or by learning that information as part of a broader
medical examination conducted in private by a medical practitioner. Random staff
revealed their receipt of the training on conducting cross-gender pat-down searches
and searches of transgender and intersex residents. Staff interviews confirmed they
are aware facility policy prohibits them from conducting a physical examination of
transgender or intersex resident solely for the purpose of determining the resident’s
genital status.
Provision (f):
The agency shall train security staff in how to conduct cross-gender pat-down
searches, and searches of transgender and intersex residents, in a professional and
respectful manner, and in the least intrusive manner possible, consistent with
security needs.
FDJJ Policy 1919 and FOP provide that staff be trained in how to conduct cross-
gender pat-down searches, and searches of transgender and intersex residents, in a
professional and respectful manner, and in the least intrusive manner possible,
consistent with security needs. The documentation and staff interviews support the
training is conducted.
Conclusion:
Based on the reviewed documentation, observations and interviews, the facility
follows this provision of the standard.
Residents with disabilities and residents who are limited English
115.316
proficient
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Superintendent
Residents
Random Staff
Provision (a):
The agency shall take appropriate steps to ensure that residents with disabilities
(including, for example, residents who are deaf or hard of hearing, those who are
blind or have low vision, or those who have intellectual, psychiatric, or speech
disabilities), have an equal opportunity to participate in or benefit from all aspects
of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual
harassment. Such steps shall include, when necessary to ensure effective
communication with residents who are deaf or hard of hearing, providing access to
interpreters who can interpret effectively, accurately, and impartially, both
receptively and expressively, using any necessary specialized vocabulary. In
addition, the agency shall ensure that written materials are provided in formats or
through methods that ensure effective communication with residents with
disabilities, including residents who have intellectual disabilities, limited reading
skills, or who are blind or have low vision. An agency is not required to take actions
that it can demonstrate would result in a fundamental alteration in the nature of a
service, program, or activity, or in undue financial and administrative burdens, as
those terms are used in regulations promulgated under title II of the Americans With
Disabilities Act, 28 CFR 35.164.
Policies address the provision of support services for Limited English Proficient and
disabled residents by providing residents the equal opportunity to participate in or
benefit from all aspects of the facility’s efforts to prevent, detect, and respond to
sexual abuse and sexual harassment. Residents are not used as readers or
interpreters, confirmed by staff interviews. PREA information is posted and
accessible to residents in English, Spanish, French Creole and other languages are
obtainable where indicated.
Policy provides for interpreter and translation services, including the services for the
Deaf by requiring PREA education to be in formats accessible to all residents. The
education staff provides support services through accommodating resources,
including the educational assistance to modify/adapt information for all residents to
understand. Assistance may also be provided by the mental health staff to ensure
all residents’ understanding of the PREA information. Through the agency, the
facility has access to LanguageLine Solutions for interpreting and translating
services, including services for the Deaf. The Auditor contacted LanguageLine
Soutions regarding the services provided.
Provision (b):
The agency shall take reasonable steps to ensure meaningful access to all aspects
of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual
harassment to residents who are limited English proficient, including steps to
provide interpreters who can interpret effectively, accurately, and impartially, both
receptively and expressively, using any necessary specialized vocabulary.
Each resident has an equal opportunity to participate in or benefit from all aspects
of the facility’s efforts to prevent, detect and respond to sexual abuse and sexual
harassment. The facility is capable of providing access to support services for
preventing, detecting, and responding to sexual abuse and sexual harassment to
residents who are Limited English Proficient, including taking steps to provide
interpreters who can interpret effectively, accurately, and impartially through the
professional agency, LanguageLine Solutions. All staff interviewed confirmed
residents are not used as interpreters or readers for other residents and understand
prior arrangements have been made regarding interpreters. The evidence shows the
facility ensures access to all aspects of the agency’s efforts to prevent, detect, and
respond to sexual abuse and sexual harassment to residents who are limited English
proficient.
Provision (c):
The agency shall not rely on resident interpreters, resident readers, or other types
of resident s except in limited circumstances where an extended delay in obtaining
an effective interpreter could compromise the resident’s safety, the performance of
first-response duties under § 115.364, or the investigation of the resident’s
allegations.
Agency policy prohibits the use of resident interpreters, resident readers or any kind
of resident assistance except when a delay in obtaining interpreter services may
jeopardize a resident’s safety, performance of the first responder duties, or the
investigation of the allegation. Staff interviews confirmed residents have not been
used to relate PREA information to or from other residents in the past 12 months.
There were no residents in need of an interpreter during the site review.
Conclusion:
Based upon the review and analysis of the evidence, the Auditor determined the
facility is compliant with this standard.
115.317 Hiring and promotion decisions
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
FDJJ 1800, Background Screening
Facility Operating Procedures (FOP) 3.09, PREA
Employee Handbook
Personnel Files
Interview:
Administrative (Human Resources) Staff
Provisions (a) & (f):
(a) The agency shall not hire or promote anyone who may have contact with
residents, and shall not enlist the services of any contractor who may have contact
with residents, who—
(1) Has engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997);
(2) Has been convicted of engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or coercion, or if
the victim did not consent or was unable to consent or refuse; or
(3) Has been civilly or administratively adjudicated to have engaged in the activity
described in paragraph (a)(2) of this section.
Provision (f): The agency shall also ask all applicants and employees who may
have contact with residents directly about previous misconduct described in
paragraph (a) of this section in written applications or interviews for hiring or
promotions and in any interviews or written self-evaluations conducted as part of
reviews of current employees. The agency shall also impose upon employees a
continuing affirmative duty to disclose any such misconduct.
The collective policies, review of personnel files, and interview with the human
resources staff member revealed information regarding the hiring process,
completion of background checks, and the grounds for termination. The policies are
aligned with the requirements of the standard and provide that background checks
are conducted initially and every five years. A review of a sample of personnel files
confirmed compliance. The files included abuse registry checks; pre-hire questions;
application packet; and results of background screenings. According to the
interview, staff has a continuing duty to report related misconduct and omission of
sexual misconduct or providing false information will be grounds for termination.
Provision (b):
The agency shall consider any incidents of sexual harassment in determining
whether to hire or promote anyone, or to enlist the services of any contractor, who
may have contact with residents.
The facility considers any incidents of sexual abuse or sexual harassment in
determining whether to hire a person, contract for services, or whether to promote
an employee. Staff members have a continuing duty to report misconduct and are
informed that omissions of misconduct or providing false information are grounds
for termination. The interview questions for employment also address previous
misconduct. The evidence shows the facility considers any incidents of sexual
harassment in determining whether to hire or promote anyone, or to enlist the
services of any contractor, who may have contact with residents.
Provisions (c) & (d):
(c) Before hiring new employees or (d) contractors who may have contact with
residents, the agency shall:
(1) Perform a criminal background records check;
(2) Consult any child abuse registry maintained by the State or locality in which the
employee would work; and
(3) Consistent with Federal, State, and local law, make its best efforts to contact all
prior institutional employers for information on substantiated allegations of sexual
abuse or any resignation during a pending investigation of an allegation of sexual
abuse.
Policy requires background checks to occur prior to residents receiving services from
contractors and volunteers and confirmed by the interview. It appears that best
efforts are made to contact all prior institutional employers for information on
substantiated allegations of sexual abuse or any resignation during a pending
investigation of an allegation of sexual abuse. Based on the review of
documentation and interview, the facility follows this provision of the standard.
Provision (e):
The agency shall either conduct criminal background records checks at least every
five years of current employees and contractors who may have contact with
residents or have in place a system for otherwise capturing such information for
current employees.
Policy and the FOP are aligned with the requirements of the provisions of the
standard and provide that background checks occur prior to employment and every
five years thereafter. Initial background checks and five-year checks were reviewed
while onsite. Based on the review of documentation and the interview, the evidence
shows the facility practices are aligned with the provisions of this standard. A review
of personnel files for a sample of staff hired in the past 12 months revealed that all
had criminal records checks and a sample review of personnel files of current staff
employed for more than five years revealed that all have had the additional criminal
background checks conducted.
Provision (g):
Material omissions regarding such misconduct, or the provision of materially false
information, shall be grounds for termination.
Material omissions regarding such misconduct, or the provision of materially false
information, shall be grounds for termination. Based on the review of the
documentation and the interview, the evidence shows the facility follows this
provision of the standard.
Provision (h):
Unless prohibited by law, the agency shall provide information on substantiated
allegations of sexual abuse or sexual harassment involving a former employee upon
receiving a request from an institutional employer for whom such employee has
applied to work.
The interview revealed that the request will be referred to the agency's central
office headquarters and the State personnel officer.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with the provisions of the standard.
115.318 Upgrades to facilities and technologies
Auditor Overall Determination: Meets Standard
Auditor Discussion
The facility has not updated the monitoring system since the last PREA audit and
has not had significant expansion to the physical plant during this audit period.
115.321 Evidence protocol and forensic medical examinations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Office of Inspector General Directive
PREA Compliance Form
Memorandum of Understanding (MOU), Gulf Coast Advocacy Center
Interviews:
Random Staff
Superintendent/PREA Compliance Manager
Advocacy Agency Representative
Provisions (a) & (b):
Provision (a): To the extent the agency is responsible for investigating allegations
of sexual abuse, the agency shall follow a uniform evidence protocol that maximizes
the potential for obtaining usable physical evidence for administrative proceedings
and criminal prosecutions. Provision (b): The protocol shall be developmentally
appropriate for youth and, as appropriate, shall be adapted from or otherwise based
on the most recent edition of the U.S. Department of Justice’s Office on Violence
Against Women publication, “A National Protocol for Sexual Assault Medical Forensic
Examinations, Adults/Adolescents,” or similarly comprehensive and authoritative
protocols developed after 2011.
Policy and FOP provide for the uniform FDJJ Protocols to be followed. The protocol is
outlined regarding appropriateness for youth and adults. Administrative
investigations are investigated by the Florida Department of Juvenile Justice (DJJ),
Office of Inspector General (OIG), agency investigators. All allegations that are
criminal in nature will be referred to law enforcement. Policy will be followed
regarding investigations of sexual abuse in accordance with the standard. The
previous interview with investigative staff and random staff members’ interviews
confirm awareness of protocol for obtaining usable physical evidence and
knowledge of the entities responsible for conducting investigations. The PREA
Compliance Form is shared with local law enforcement investigators outlining the
PREA standards that must be adhered to regarding an investigation of an allegation
of sexual abuse. The DJJ investigators are also aware of the PREA Compliance Form.
Protocol is not limited to interviewing; evidence collection; victim services;
notifications; and prosecution.
Provision (c):
The agency shall offer all residents who experience sexual abuse access to forensic
medical examinations whether on-site or at an outside facility, without financial
cost, where evidentiary or medically appropriate. Such examinations shall be
performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse
Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the
examination can be performed by other qualified medical practitioners. The agency
shall document its efforts to provide SAFEs or SANEs.
Forensic medical examinations will be conducted at the Gulf Coast Advocacy Center
by a Sexual Assault Nurse Examiners (SANE) or Sexual Assault Forensic Examiner or
the hospital emergency room, also by a qualified medical practitioner. Facility policy
states that the services will be provided at no cost to the victim. The facility has a
MOU with the Gulf Coast Advocacy Center.
Provisions (d) & (e):
Provision (d): The agency shall attempt to make available to the victim a victim
advocate from a rape crisis center. If a rape crisis center is not available to provide
victim advocate services, the agency shall make available to provide these services
a qualified staff member from a community-based organization or a qualified
agency staff member. Agencies shall document efforts to secure services from rape
crisis centers. For the purpose of this standard, a rape crisis center refers to an
entity that provides intervention and related assistance, such as the services
specified in 42 U.S.C. 14043g(b)(2)(C), to victims of sexual assault of all ages. The
agency may utilize a rape crisis center that is part of a governmental unit as long as
the center is not part of the criminal justice system (such as a law enforcement
agency) and offers a comparable level of confidentiality as a nongovernmental
entity that provides similar victim services. Provision (e): As requested by the
victim, the victim advocate, qualified agency staff member, or qualified community-
based organization staff member shall accompany and support the victim through
the forensic medical examination process and investigatory interviews and shall
provide emotional support, crisis intervention, information, and referrals.
The facility has a MOU with the Gulf Coast Advocacy Center for victim advocacy
services. According to the MOU and representative interview collectively, the
supportive services to alleged victims include access to 24-hour hotline services
which include but are not limited to emotional support; accompaniment; and
provision of information and resources. The interview with the Superintendent
confirmed the resident and/or facility staff members are able to utilize the victim
services hotline to request a victim advocate.
Provisions (f), (g) & (h):
Provision (f): To the extent the agency itself is not responsible for investigating
allegations of sexual abuse, the agency shall request that the investigating agency
follow the requirements of paragraphs (a) through (f) of this section. Provision (g):
The requirements of paragraphs (a) through (f) of this section shall also apply to: (1)
Any State entity outside of the agency that is responsible for investigating
allegations of sexual abuse in juvenile facilities; and (2) Any Department of Justice
component that is responsible for investigating allegations of sexual abuse in
juvenile facilities. Provision (h): For the purposes of this standard, a qualified
agency staff member or a qualified community-based staff member shall be an
individual who has been screened for appropriateness to serve in this role and has
received education concerning sexual assault and forensic examination issues in
general.
Trained agency investigators conduct administrative investigations in accordance
with agency policy based on PREA Standards. Investigations of allegations of sexual
abuse or sexual harassment that are criminal in nature will be referred to law
enforcement in accordance with policies and the provisions of the Standard. The
PREA Compliance Form, through the OIG, is provided to law enforcement
investigators which outline the investigative protocols. The facility has made
arrangements for victim advocacy services with Gulf Coast Advocacy Center,
confirmed through the interviews and documentation.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance with the provisions of this standard.
115.322 Policies to ensure referrals of allegations for investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
FOP 1.12, Incident/CCC Reporting
Investigative Reports
PREA Compliance Form
Interviews:
Random Staff
Superintendent
Provision (a):
The agency shall ensure that an administrative or criminal investigation is
completed for all allegations of sexual abuse and sexual harassment.
Agency policy directs staff to report all allegations of sexual abuse and sexual
harassment, document the reports and refer the allegations to the appropriate
investigative entity. Allegations may be reported to the agency's Central
Communications Center, Department of Children and Families, and law
enforcement. Staff members are aware of the policy requirements as verified
through interviews and casual conversation. The facility reports two allegations of
sexual abuse; one youth-on-youth and one staff-on-youth. The facility policy ensures
the cooperation between facility staff and the investigative entity.
Provisions (b) & (c):
Provision (b): The agency shall have in place a policy to ensure that allegations of
sexual abuse or sexual harassment are referred for investigation to an agency with
the legal authority to conduct criminal investigations, unless the allegation does not
involve potentially criminal behavior. The agency shall publish such policy on its
website or, if it does not have one, make the policy available through other means.
The agency shall document all such referrals. Provision (c): If a separate entity is
responsible for conducting criminal investigations, such publication shall describe
the responsibilities of both the agency and the investigating entity.
Policy regarding investigations and reporting information is located on the agency
website and within the facility and accessible to the public. Policies and interviews
confirmed allegations of sexual abuse and sexual harassment are investigated.
Administrative investigations are conducted by agency investigators from the
central office that are trained. Allegations that are criminal in nature are referred to
law enforcement and all allegations are reported to the Department of Children and
Families.
Provision (d):
Any State entity responsible for conducting administrative or criminal investigations
of sexual abuse or sexual harassment in juvenile facilities shall have in place a
policy governing the conduct of such investigations.
The agency has policies governing investigations and use trained investigators. A
previous interview with an investigator and records confirm that administrative
investigations are conducted by a trained investigator and allegations that are
criminal in nature will be referred to the law enforcement and the Department of
Children and Families. The agency, through the Office of Inspector General, provides
facilities with the PREA Compliance Form which outlines the investigation protocols
in accordance with the PREA Standards; it is provided to investigators.
Provision (e):
Any Department of Justice component responsible for conducting administrative or
criminal investigations of sexual abuse or sexual harassment in juvenile facilities
shall have in place a policy governing the conduct of such investigations.
The Department of Justice is not responsible for conducting administrative or
criminal investigations of sexual abuse or sexual harassment in this facility.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.331 Employee training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
PREA Training Curricula
Sign-in Sheets
Acknowledgement Statements
Interviews:
Random Staff
Superintendent/PREA Compliance Manager
Provisions (a) & (c):
Provision (a): The agency shall train all employees who may have contact with
residents on:
(1) Its zero-tolerance policy for sexual abuse and sexual harassment;
(2) How to fulfill their responsibilities under agency sexual abuse and sexual
harassment prevention, detection, reporting, and response policies and procedures;
(3) Residents’ right to be free from sexual abuse and sexual harassment;
(4) The right of residents and employees to be free from retaliation for reporting
sexual abuse and sexual harassment;
(5) The dynamics of sexual abuse and sexual harassment in juvenile facilities;
(6) The common reactions of juvenile victims of sexual abuse and sexual
harassment;
(7) How to detect and respond to signs of threatened and actual sexual abuse and
how to distinguish between consensual sexual contact and sexual abuse between
residents;
(8) How to avoid inappropriate relationships with residents;
(9) How to communicate effectively and professionally with residents, including
lesbian, gay, bisexual, transgender, intersex, or gender nonconforming residents;
and
(10) How to comply with relevant laws related to mandatory reporting of sexual
abuse to outside authorities;
(11) Relevant laws regarding the applicable age of consent.
Provision (c): All current employees who have not received such training shall be
trained within one year of the effective date of the PREA standards, and the agency
shall provide each employee with refresher training every two years to ensure that
all employees know the agency’s current sexual abuse and sexual harassment
policies and procedures. In years in which an employee does not receive refresher
training, the agency shall provide refresher information on current sexual abuse and
sexual harassment policies.
Agency and FOP addresses PREA related training for staff. All interviewed staff
members were familiar with the PREA information regarding primary components of
preventing, detecting and responding to sexual abuse or sexual harassment. Staff
interviews revealed staff are knowledgeable of PREA standards and were able to
articulate their responsibilities in the PREA roles. PREA training is provided to staff
annually, based on a review of policy and training documents and staff interviews.
The documents and staff interviews support refresher training is also conducted as
needed through staff meetings and shift briefings. The direct care staff interviewed
and the Superintendent/PREA Compliance Manager reported the training is provided
as required. All direct care staff members interviewed, and document review
verified the general topics below were included in the training:
1. Zero-tolerance PREA related policies.
2. Staff responsibilities and how to fulfill them regarding allegations or incidents of
sexual abuse or sexual harassment.
3. Residents’ right to be free from sexual abuse and sexual harassment.
4. The right for staff and residents to be free from retaliation for reporting
allegations or cooperating in an investigation.
5. Dynamics of sexual abuse and sexual harassment in juvenile facilities.
6. Residents and employees rights to be free from retaliation for reporting sexual
abuse and sexual harassment.
7. How to avoid inappropriate relationships with residents.
8. Common reactions of sexual abuse and sexual harassment by juvenile victims.
9. Communicating effectively and professionally with residents, including lesbian,
gay, bisexual, transgender, intersex, or gender non-conforming residents.
10. Mandatory reporting.
11. Relevant laws regarding the applicable age of consent.
Provision (b):
Such training shall be tailored to the unique needs and attributes of residents of
juvenile facilities and to the gender of the residents at the employee’s facility. The
employee shall receive additional training if the employee is reassigned from a
facility that houses only male residents to a facility that houses only female
residents, or vice versa.
The facility houses males and females and the training considers the needs of the
population as determined by a review of training curricula and interviews with
random staff. Policy states the training shall be tailored to the needs and attributes
to the population served.
Provision (d):
The agency shall document, through employee signature or electronic verification
that employees understand the training they have received.
The policy and FOP provide all training be documented. Staff members sign training
rosters and training acknowledgement statements. A checklist is utilized for
orientation training for all new employees and contains the elements of PREA
training. The facility provided the Auditor with several examples for verification of
the training occurring such as electronic records, manual records and curricula and
training was verified through staff interviews.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance with this standard.
115.332 Volunteer and contractor training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Training Curriculum
Acknowledgement Statements
Interviews:
Volunteers (2)
Contractors (2)
Superintendent
Provision (a):
The agency shall ensure that all volunteers and contractors who have contact with
residents have been trained on their responsibilities under the agency’s sexual
abuse and sexual harassment prevention, detection, and response policies and
procedures.
The policy and FOP require volunteers and contractors who have contact with
residents to be trained on PREA and their responsibilities regarding sexual abuse
prevention, detection, and response to allegations of sexual abuse and sexual
harassment. A review of training records and interviews document the training
occurs. The volunteers and contractors interviewed confirmed they have been
trained, including regarding their PREA-related responsibilities and how to report
and are aware of the facility's zero-tolerance policy on sexual abuse and sexual
harassment.
Provision (b):
The level and type of training provided to volunteers and contractors shall be based
on the services they provide and level of contact they have with residents, but all
volunteers and contractors who have contact with residents shall be notified of the
agency’s zero-tolerance policy regarding sexual abuse and sexual harassment and
informed how to report such incidents.
The interviews revealed the PREA training informs the participants of their role in
reporting allegations of sexual abuse and sexual harassment. The participants are
informed of their responsibilities regarding sexual abuse prevention, detection, and
response to a PREA allegation. The training is based on the services provided by the
contractors and volunteers. The volunteers and contractors stated the training
includes a review of the zero-tolerance policy regarding sexual abuse and sexual
harassment of residents.
Provision (c):
The agency shall maintain documentation confirming that volunteers and
contractors understand the training they have received.
The PREA acknowledgement statement contains the general information covered in
the training. The document contains the signature of the participant and the date
and the same for the facilitator, confirming the participants' understanding of the
PREA information. The participants have the opportunity to ask questions to ensure
a clear understanding of the information provided.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.333 Resident education
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
PREA Brochure
Acknowledgement Statements
Multilingual Posters
Letter, Bay District School System
Resident Handbook
Interviews:
Residents
Intake Staff
Provisions (a) & (b):
Provision (a): During the intake process, residents shall receive information
explaining, in an age appropriate fashion, the agency’s zero tolerance policy
regarding sexual abuse and sexual harassment and how to report incidents or
suspicions of sexual abuse or sexual harassment. Provision (b): Within 10 days of
intake, the agency shall provide comprehensive age-appropriate education to
residents either in person or through video regarding their rights to be free from
sexual abuse and sexual harassment and to be free from retaliation for reporting
such incidents, and regarding agency policies and procedures for responding to
such incidents.
All residents receive directions on how to report allegations of sexual abuse and
sexual harassment; and information about the right to be free from retaliation for
reporting, in accordance with policy. This premise is supported through the review of
secondary documentation and the interviews. A review of the education materials
indicated the information provided to the residents is age-appropriate. The intake
staff reviewed the subject matter with the Auditor that is used to provide PREA
education.
The residents initially sign acknowledgement statements which represent receipt of
the PREA information provided. The interviews with the residents revealed their
understanding of the information covered in the PREA education sessions. The
intake staff and the residents revealed the initial PREA education is generally
conducted on the first day of admission to the facility during the intake process.
PREA refresher education is conducted throughout the residents' stay. Policy
provides that residents receive a comprehensive age-appropriate PREA education
session within 10 days of admission to the facility.
The intake staff’s interview revealed she ensures residents are educated regarding
their rights to be free from sexual abuse and sexual harassment, and to be free
from retaliation for reporting such incidents. The PREA education sessions include a
review of the PREA Brochure. The residents sign acknowledgement statements
confirming their receipt of the PREA information. A review of documentation
showing dates and indicating residents’ participation in PREA education sessions
confirmed the PREA education sessions occur. The PREA related information is
provided to staff in policies and procedures, training and staff meetings.
Provision (c):
Current residents who have not received such education shall be educated within
one year of the effective date of the PREA standards and shall receive education
upon transfer to a different facility to the extent that the policies and procedures of
the resident’s new facility differ from those of the previous facility.
Based on the evidence shown documenting the PREA education sessions in
provisions (a) and (b), residents received PREA education. The facility reports that
187 youth were admitted to the facility during the past 12 months and all
participated in PREA education sessions. Twenty-one residents were in the facility
and all had been involved in PREA education sessions as determined from
interviews and review of resident files. Acknowledgement statements, observed
posted information, brochures, and the interviews indicate that general PREA
education is provided to residents periodically.
Provision (d):
The agency shall provide resident education in formats accessible to all residents,
including those who are limited English proficient, deaf, visually impaired, or
otherwise disabled, as well as to residents who have limited reading skills.
The facility has the capability to provide the PREA education in formats accessible to
all residents including those who may be hearing impaired; Deaf; have intellectual,
psychiatric and speech disabilities; low vision; blind; limited reading, limited English
proficient, and based on the individual need of the resident. Documentation was
reviewed of a letter from a representative of the Bay County School System for the
provision of accommodations and supportive services for residents needing
additional assistance in understanding information. Mental health staff also have
the ability to assist residents in their understanding of PREA-related information.
Posted PREA information is in English, French Creole and Spanish accessible to
residents, staff, contractors, volunteers, and visitors. The facility also has access to
LanguageLine Solutions through agency agreement. LanguageLine Solutions
provide professional interpreting and translating services and services for the Deaf
as confirmed to the Auditor by a representative from LanguageLine Solutions.
Residents are not used as translators or readers for other residents as confirmed by
staff. There were no residents in the facility during the onsite audit phase in need of
any translation or interpreting services.
Provision (e):
The agency shall maintain documentation of resident participation in these
education sessions.
A sample of signed acknowledgement statements were reviewed which support,
along with resident interviews, the residents’ involvement in PREA education
sessions. The residents are aware of PREA information, including their rights
regarding PREA, how to report allegations and that they will not be punished for
reporting allegations of sexual abuse or sexual harassment. The intake staff ensures
residents’ receipt of the PREA information, including the resident signing the
acknowledgement form.
Provision (f):
In addition to providing such education, the agency shall ensure that key
information is continuously and readily available or visible to residents through
posters, resident handbooks, or other written formats.
The PREA education materials provide residents information on how to report
allegations of sexual harassment and sexual abuse. A brochure is provided to each
resident to eliminate incidents of sexual abuse and sexual harassment. The
brochure provides educational information regarding sexual abuse, sexual
harassment and victims. The residents revealed their knowledge of the printed
materials that informs them how to report such as they can report allegations of
sexual abuse or sexual harassment by telling a staff member; telling a family
member who may report the allegation for them; access to the hotline to report
allegations of sexual abuse or sexual harassment; or complete a PREA/grievance
form. The printed PREA information provides clear and consistent information.
Multilingual posters are posted throughout the facility at varying eye levels and are
easy to read.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has
determined the facility is compliant with the provision of this standard.
115.334 Specialized training: Investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Training Curriculum
PREA Compliance Form
Interviews:
Superintendent
Provisions (a) & (b):
Provision (a): In addition to the general training provided to all employees
pursuant to §115.331, the agency shall ensure that, to the extent the agency itself
conducts sexual abuse investigations, its investigators have received training in
conducting such investigations in confinement settings. Provision (b): Specialized
training shall include techniques for interviewing juvenile sexual abuse victims,
proper use of Miranda and Garrity warnings, sexual abuse evidence collection in
confinement settings, and the criteria and evidence required to substantiate a case
for administrative action or prosecution referral.
Administrative investigations are conducted by the Florida Department of Juvenile
Justice (DJJ), Office of Inspector General (OIG). PREA training is required in addition
to the specialized training regarding conducting administrative investigations.
Allegations of sexual abuse are referred for investigation to be conducted by law
enforcement. The previous interview with investigative staff and review of agency
documents confirmed administrative investigations are conducted by trained
investigators within the DJJ/OIG. The specialized training includes but is not limited
to interviewing techniques; proper use of Garrity and Miranda warnings; preserving
evidence; and criteria for supporting a finding of substantiated, unsubstantiated or
unfounded. Policy and procedures provide for investigations of allegations of sexual
abuse that are criminal in nature to be conducted by the Panama City Police
Department.
Provision (c):
The agency shall maintain documentation that agency investigators have
completed the required specialized training in conducting sexual abuse
investigations.
Training records of the administrative investigators are maintained by the OIG.
Allegations of sexual abuse are referred to law enforcement and the Florida
Department of Children and Families, in accordance with policy. All allegations of
sexual abuse and sexual harassment are reported to the agency's OIG.
Provision (d):
Any State entity or Department of Justice component that investigates sexual abuse
in juvenile confinement settings shall provide such training to its agents and
investigators who conduct such investigations.
The agency provides training to its investigators who will conduct administrative
investigations which was confirmed by interviews. Local law enforcement is
responsible for training their investigators who conduct sexual abuse
investigations.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with this standard.
115.335 Specialized training: Medical and mental health care
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Training Records
Training Curricula
Interviews:
Medical Staff
Mental Health Staff
Provision (a):
The agency shall ensure that all full- and part-time medical and mental health care
practitioners who work regularly in its facilities have been trained in:
(1) How to detect and assess signs of sexual abuse and sexual harassment;
(2) How to preserve physical evidence of sexual abuse;
(3) How to respond effectively and professionally to juvenile victims of sexual abuse
and sexual harassment; and
(4) How and to whom to report allegations or suspicions of sexual abuse and sexual
harassment.
The facility provides for medical and mental health staff members receiving the
regular PREA training as well as the specialized training. Training records document
training for medical and mental health staff members. Specialized medical and
mental health training is provided through SkillPro, agency online system.
Documentation of specialized training was reviewed for all medical and mental
health staff and confirmed during interviews of medical and mental health staff.
Provision (b):
If medical staff employed by the agency conduct forensic examinations, such
medical staff shall receive the appropriate training to conduct such examinations.
Forensic examinations are not conducted by the facility’s medical staff as verified
during the medical staff interview. Forensic examinations are conducted at the Gulf
Coast Advocacy Center by a certified medical practitioner.
Provision (c):
The agency shall maintain documentation that medical and mental health
practitioners have received the training referenced in this standard either from the
agency or elsewhere.
The training documents and interviews with medical and mental health staff
confirmed receipt of the required training.
Provision (d):
Medical and mental health care practitioners shall also receive the training
mandated for employees under Standard 115.331 or for contractors and volunteers
under Standard 115.332, depending upon the practitioner’s status at the agency.
Medical and mental health staff completed the general training that is provided for
contractors as documented by training records and interviews.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.341 Obtaining information from residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
FOP 2.01, Admissions
FOP 2.02, Classification
Mental Health/Substance Abuse Referral Summary
Screening for Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB)
Interviews:
Superintendent/PREA Compliance Manager
Staff Responsible for Risk Screening
Residents; 2 Targeted
Provision (a):
Within 72 hours of the resident’s arrival at the facility and periodically throughout a
resident’s confinement, the agency shall obtain and use information about each
resident’s personal history and behavior to reduce the risk of sexual abuse by or
upon a resident. The Policy provides a risk screening occurs within 72 hours upon
arrival to the facility. The Intake Coordinator will interview the resident at intake to
obtain information about the residents’ personal history and behavior in order to
reduce the risk of sexual abuse by or upon a resident. The resident’s risk level is
reassessed periodically.
Policy provides for each resident to be screened for risk of victimization or
abusiveness prior to room assignment in order to reduce the risk of sexual abuse by
or upon a resident. The interviews and practice indicate the risk assessment is
generally completed on the day of admission. The youth is interviewed at the
Juvenile Assessment Center (JAC) to obtain information about personal history and
behavior in order to complete the VSAB which is reviewed by staff at the facility.
Review of the screening instrument and interviews with the risk screener and
residents confirmed the information obtained includes but is not limited to:
· Prior sexual victimization or abusiveness
· Resident’s own perception of vulnerability
· Current charges and offense history
· Self-identification of resident
· Intellectual or developmental disabilities
· Physical disabilities
· Confirmation of size and stature
· Confirmation of Age
Policy addresses the occurrence and criteria regarding formal reassessments of
residents. The interview with the risk screener supports reassessments are
conducted when a youth remains in the facility beyond the 21 days average length
of stay. It is reported that the number of youths admitted to the facility within the
past 12 months who were screened during the admission process for risk of sexual
victimization and the risk of sexually abusing other residents prior to the onsite
audit phase is 251. The risk assessments are accessible to the clinical team and
administrative staff. The resident files were observed to be maintained in a
confidential manner within lockable offices in lockable cabinets. Electronic records
are stored electronically, password protected with limited access.
The facility staff will complete the initial VSAB if youth arrives from the JAC without a
completed one or if the youth is returning to the detention center from a residential
program. The JAC staff and facility staff obtain information from court records,
current charges, and interviews with the resident and his/her parents. Resident
interviews indicated they were asked whether they identify with being gay, bi-
sexual, transgender or intersex, if they think they are in danger of sexual abuse,
and if they have any disabilities. Random resident interviews verified the
administration of the VSAB. Disclosure of prior victimization or perpetrated sexual
abuse may be addressed during the time of disclosure by medical or mental health
staff or a referral made using the Referral Summary. The information is relayed to
mental health personnel following the disclosure of the information. There were two
residents in the facility who had disclosed prior victimization.
Provision (b):
Such assessments shall be conducted using an objective screening instrument.
The VSAB is used to obtain the information required by the standard, including but
not limited to prior sexual victimization or abusiveness; self-identification; current
charges and offense history; intellectual or developmental disabilities; and a
resident’s concern regarding his own safety. The interviews and review of policy and
FOP revealed how the objective instrument is administered to obtain information to
assist staff in keeping residents safe. The responses on the instrument accumulate
a score and the risk level is determined by definition and the corresponding number
to that definition. The policy and FOP states residents will be screened within 72
hours of admission however interviews with residents and documentation indicate it
is generally administered earlier and the first day of admission.
Provision (c):
At a minimum, the agency shall attempt to ascertain information about:
(1) Prior sexual victimization or abusiveness;
(2) Any gender nonconforming appearance or manner or identification as lesbian,
gay, bisexual, transgender, or intersex, and whether the resident may therefore be
vulnerable to sexual abuse;
(3) Current charges and offense history;
(4) Age;
(5) Level of emotional and cognitive development;
(6) Physical size and stature;
(7) Mental illness or mental disabilities;
(8) Intellectual or developmental disabilities;
(9) Physical disabilities;
(10) The residents own perception of vulnerability; and
(11) Any other specific information about individual residents that may indicate
heightened needs for supervision, additional safety precautions, or separation from
certain other residents.
The Auditor reviewed the VSAB screening instrument and determined all factors
required by this provision of the standard are included. The interview with the risk
screener and residents confirmed he is aware of the elements of the risk screening
instrument. The resident interviews also confirmed the administration of the
screening instrument. The screening instrument includes but is not limited to the
following areas:
· Prior sexual victimization or abusiveness
· Resident’s own perception of vulnerability
· Current charges and offense history
· Self-identification of resident
· Intellectual or developmental disabilities
· Physical disabilities
· Confirmation of size and stature
· Confirmation of Age
Provision (d):
This information shall be ascertained through conversations with the resident during
the intake process and medical and mental health screenings; during classification
assessments; and by reviewing court records, case files, facility behavioral records,
and other relevant documentation from the resident’s files.
Policy, procedures and interviews collectively provide that the information shall be
ascertained through conversations with the resident during the intake process and
medical and mental health screenings; during classification assessments; and by
reviewing court records, case files, facility behavioral records, and other relevant
documentation from the resident’s file. The review of the instrument and interview
with the staff responsible for risk screening confirmed the information is ascertained
through conversations with the residents using the VSAB screening instrument.
Additional screening instruments are used and based on the needs of the resident.
Provision (e):
The agency shall implement appropriate controls on the dissemination within the
facility of responses to questions asked pursuant to this standard in order to ensure
that sensitive information is not exploited to the resident’s detriment by staff or
other residents.
Agency policy provides for appropriate controls be taken to ensure that sensitive
information is protected and not exploited. The VSAB is completed in an electronic
system managed by the agency. Printed forms may be printed an placed in
residents' files which are maintained in locked cabinets in locked offices. The
electronic system is password protected with identified and limited access.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.342 Placement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
FOP 2.01, Admissions
FOP 2.02, Classification
Screening for Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB)
Interviews:
Superintendent/PREA Compliance Manager
Staff Responsible for Risk Screening
Residents
Random Staff
Provision (a):
The agency shall use all information obtained pursuant to § 115.341 and
subsequently to make housing, bed, program, education, and work assignments for
residents with the goal of keeping all residents safe and free from sexual abuse.
Screening information is used to determine a resident’s room assignment and
room’s proximity to direct care staff to ensure resident’s safety. The facility also
utilizes Classification Alerts within the electronic system to ensure that direct-care
staff are advised if the resident is identified as being at-risk for victimization or
posing a risk. Policy provides guidance to staff regarding the use of information
obtained from the VSAB. The staff interviews and information obtained through the
administration of the screening instrument assist in determining bed, education and
other program assignments with the goal of keeping all residents safe and meeting
the needs of each resident. This information was verified through a review of
specific samples of the aforementioned completed screening instruments. The
facility also uses additional screening instruments.
Provision (b):
Residents may be isolated from others only as a last resort when less restrictive
measures are inadequate to keep them and other residents safe, and then only until
an alternative means of keeping all residents safe can be arranged. During any
period of isolation, agencies shall not deny residents daily large-muscle exercise and
any legally required educational programming or special education services.
Residents in isolation shall receive daily visits from a medical or mental health care
clinician. Residents shall also have access to other programs and work opportunities
to the extent possible.
Policy states that residents may only be isolated as a last resort when less
restrictive measures are inadequate to keep them safe and must receive the rights
provided for in the standards. At no time will any resident be denied any legally
required educational programs, special education services, daily large-muscle
exercise, or medical/mental health care.
No residents at risk of sexual victimization were placed in isolation in the 12 months
preceding the audit. The interview with the Superintendent confirmed the facility
has not used isolation for this purpose which is the facility practice. The policy is
inclusive of this provision if there were to be an emergency situation. The use of
isolation would be documented. The residents’ rights to daily large-muscle exercise
and any legally required educational programming or special education services
would be provided.
Provision (c):
Lesbian, gay, bisexual, transgender, or intersex residents shall not be placed in
particular housing, bed, or other assignments solely on the basis of such
identification or status, nor shall agencies consider lesbian, gay, bisexual,
transgender, or intersex identification or status as an indicator of likelihood of being
sexually abusive.
Policy and procedures preclude lesbian, gay, bi-sexual, transgender and intersex
(LGBTI) residents from being placed in specific housing and states LGBTI
identification or status is not an indicator of likelihood of being sexually abusive.
Transgender or intersex resident’s own view with respect to his/her safety will be
given serious consideration. During the comprehensive site review, there were no
rooms or dorms observed to be reserved for transgender or intersex residents.
Interviews also support there is no special housing based on how a resident
identifies.
Provision (d):
In deciding whether to assign a transgender or intersex resident to a facility for
male or female residents, and in making other housing and programming
assignments, the agency shall consider on a case-by-case basis whether a
placement would ensure the resident’s health and safety, and whether the
placement would present management or security problems.
Housing and program assignments for transgender or intersex residents will be
made on a case-by-case basis and these residents will not be placed in particular or
special housing which was evident from staff interviews and observations. There
were no transgender or intersex residents in the facility during the site review. The
staff interviews support that the facility would consider on a case-by-case basis
whether a placement would ensure the resident’s health and safety, and whether
the placement would present management or security problems.
Provision (e):
Placement and programming assignments for each transgender or intersex resident
shall be reassessed at least twice each year to review any threats to safety
experienced by the resident.
Policy states placement and programming assignments for each transgender or
intersex resident shall be reassessed at least twice each year. This function would
be done to review any threats to safety experienced by the resident. The average
length of stay in the detention center is 21 days.
Provision (f):
A transgender or intersex resident’s own views with respect to his or her own safety
shall be given serious consideration.
The resident’s concern for his/her own safety is taken into account through the
administration of the VSAB. The residents confirmed in the interviews, they are
asked about their safety concerns. The staff interviews revealed staff members are
aware of the policy which requires the provision of this standard to be followed.
Provision (g):
Transgender and intersex residents shall be given the opportunity to shower
separately from other residents.
Transgender and intersex residents are given the opportunity to shower separately
from other residents, in accordance with agency policy and staff interviews.
Provision (h):
If a resident is isolated pursuant to paragraph (b) of this section, the facility shall
clearly document:
(1) The basis for the facility’s concern for the resident’s safety; and
(2) The reason why no alternative means of separation can be arranged.
The Policy states if a resident is isolated pursuant to part (B.2.) of this section, the
facility shall document:
a. The basis for the facility’s concern for the resident’s safety; and
b. The reason why no alternative means of separation can be arranged.
No residents at risk of sexual victimization were placed in isolation in the 12 months
preceding the audit. Interviews with the Superintendent/PREA Compliance Manager
confirmed the facility has not used isolation for this purpose. The policy is inclusive
of this provision if there were to be an emergency situation. The Isolation/separation
would be documented according to the provisions of the policy and standard.
Provision (i):
Every 30 days, the facility shall afford each resident described in paragraph (h) of
this section a review to determine whether there is a continuing need for separation
from the general population.
Policy supports every thirty (30) days, staff shall afford each resident described in
provision (b) of this section a review to determine whether there is a continuing
need for separation from the general population. No residents at risk of sexual
victimization were placed in isolation in the 12 months preceding the audit. The
interview with the Superintendent/PREA Compliance Manager confirmed the facility
has not used isolation for this purpose. The policy is inclusive of this provision if
there were to be an emergency situation.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.351 Resident reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Agency Policy (Chapter 63-F-11), Central Communications Center
Facility Operating Procedures (FOP) 3.09, PREA
PREA/Grievance Forms
Help Request Forms
Resident Handbook
Employee Handbook
Memorandum, General Counsel
PREA Brochure
Multilingual Posters
Interviews:
Random Staff
Residents
Superintendent/PREA Compliance Manager
Provision (a):
The agency shall provide multiple internal ways for residents to privately report
sexual abuse and sexual harassment, retaliation by other residents or staff for
reporting sexual abuse and sexual harassment, and staff neglect or violation of
responsibilities that may have contributed to such incidents.
The facility provides multiple internal ways for residents to privately report sexual
abuse and sexual harassment, retaliation and staff neglect including telling a
trusted staff member or filling out a help request form and placing it in a secure
drop box. Random resident interviews confirmed their knowledge of the processes
for reporting allegations of sexual abuse and sexual harassment.
Residents may report allegations of sexual abuse or sexual harassment by
telephone through the 24-hour hotline of an agency not a part of the facility as
confirmed by resident interviews, posters, staff interviews and posted telephone
instructions. Residents and staff interviews revealed residents may use the
telephone and cannot be hindered by staff for access to a telephone to report
allegations of sexual abuse and sexual harassment. The Florida abuse hotline is
used by residents and staff to report allegations of sexual abuse and sexual
harassment. The abuse hotline may receive allegations in English and Spanish;
residents may also call 911.
The resident receives a PREA Brochure which provides PREA related information,
including how to report allegations of sexual abuse. Multilingual Posters are located
in the living units and other areas of the facility visible to residents, staff,
contractors and visitors. Residents revealed they have contact with someone who
does not work at the facility such as a family member or other person they could
report abuse to if needed. Staff members receive information on how to report
allegations of sexual abuse or sexual harassment through policies and procedures,
training, and staff meetings
Provision (b):
The agency shall also provide at least one way for residents to report abuse or
harassment to a public or private entity or office that is not part of the agency and
that is able to receive and immediately forward resident reports of sexual abuse and
sexual harassment to agency officials, allowing the resident to remain anonymous
upon request. Residents detained solely for civil immigration purposes shall be
provided information on how to contact relevant consular officials and relevant
officials at the Department of Homeland Security.
Policy and procedures require residents to have one way of reporting sexual abuse
and sexual harassment to a public or private entity or office not a part of the
agency. Residents may call the Florida Abuse Hotline, Gulf Coast Advocacy Center or
national abuse hotline. The primary resource to call is the Florida Abuse Hotline.
Residents also have the option to call 911. Residents may request to use a
telephone with some degree of privacy to call the hotline without having to obtain
staff permission to call and policy mandates that staff not question residents about
the reason for the call. Residents are aware of the abuse hotline and were able to
articulate how they could gain access even though it may not be their first or
preferred method of reporting. The use of the hotline is also available to staff for
reporting allegations of sexual abuse and sexual harassment. According to the
memorandum from the agency's general counsel, the agency does not detain youth
solely for civil immigration purposes.
Provision (c):
Staff shall accept reports made verbally, in writing, anonymously, and from third
parties and shall promptly document any verbal reports.
The interviews confirmed methods available to residents for reporting allegations of
sexual abuse and sexual harassment. Staff members are required to accept reports
made anonymously, third-party reports and to document verbal reports. The
resident and staff interviews collectively indicated awareness of reporting either in
person, in writing, by telephone, or through a third-party. Staff members are aware
of their duty to receive and document the receipt of verbal reports and that the
documentation must be done as soon as possible.
Provision (d):
The facility shall provide residents with access to tools necessary to make a written
report.
Observations during the site review and interviews revealed writing materials are
available for residents to complete help request forms or write notes. There is a
form to write a complaint, seek medical services, request to talk to a specific staff
member; either form may be used to report an allegation in writing or enable a
resident to see a staff member to verbally report an allegation in private. Each
resident is provided a Handbook which contains information regarding reporting
allegations and the residents are informed of the reporting methods during PREA
education sessions. The interviews, review of documents and facility practice
revealed that residents are provided the tools to make written allegations of sexual
abuse and sexual harassment. Writing materials are readily available for residents
to complete the accessible forms.
Provision (e):
The agency shall provide a method for staff to privately report sexual abuse and
sexual harassment of residents.
The staff interviews revealed staff can privately report allegations of sexual abuse
and sexual harassment. The interviews collectively identified the following ways a
report may be made privately: use of the Florida abuse reporting hotline; call 911;
call Gulf Advocacy Center; and talk to supervisor in private.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.352 Exhaustion of administrative remedies
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Resident Brochure
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
The facility does not have administrative procedures in place for residents to report
allegations of sexual abuse and sexual harassment through the grievance system.
When a PREA/grievance form is used to document an allegation of sexual abuse or
sexual harassment, the policy and procedures for reporting allegations of sexual
abuse or sexual harassment are initiated by staff and a report is made as required
by policy. The grievance system does not include a process for the facility staff to
investigate or resolve allegations of sexual abuse and sexual harassment. The
content of the form is reported and an investigation is conducted by the agency's
Office of Inspector General, Florida Department of Children and Families, and/or law
enforcement.
Resident access to outside confidential support services and legal
115.353
representation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Memorandum of Understanding (MOU), Gulf Coast Advocacy Center
PREA Brochure
Acknowledgement Statement
Posted PREA Information
Posted Information
Interviews:
Residents
Superintendent/PREA Compliance Manager
Advocacy Agency Representative
Provision (a):
The facility shall provide residents with access to outside victim advocates for
emotional support services related to sexual abuse, by providing, posting, or
otherwise making accessible mailing addresses and telephone numbers, including
toll free hotline numbers where available, of local, State, or national victim
advocacy or rape crisis organizations, and, for persons detained solely for civil
immigration purposes, immigrant services agencies. The facility shall enable
reasonable communication between residents and these organizations and
agencies, in as confidential a manner as possible.
General information for advocacy services is a part of the PREA education sessions
with the residents. Interviews revealed that residents are familiar with the victim
advocacy agency. There is a written agreement at this time which outline the
services to be provided such as emotional support, accompaniment, access to 24/7
hotline services, community referrals, and education as confirmed by the advocacy
representative. The Gulf Coast Advocacy Center provides a comprehensive range of
services that provide support to youth affected by abuse, neglect, or trauma.
Residents are provided contact information for the advocacy agency, including
mailing address and telephone number. A national abuse reporting agency's
information is also posted. The information provided during the PREA education
session outlines how the resident will make contact with the help agencies. Youth
are not detained solely for civil immigration purposes.
Provision (b):
The facility shall inform residents, prior to giving them access, of the extent to
which such communications will be monitored and the extent to which reports of
abuse will be forwarded to authorities in accordance with mandatory reporting laws.
Policy, staff interviews and the PREA education sessions provide that there will be
adherence to confidentiality measures. The facility has posters that provide
information about the advocacy agency and contain information about the limitation
of confidentiality. Posted and verbal information address privacy for the resident and
general confidentiality. Agency policy and FOP addresses confidentiality of the
advocacy support services. The resident receives information regarding the
limitations of confidentiality and the duty to report during the intake process and
when youth meet with mental health and medical staff.
Provision (c):
The agency shall maintain or attempt to enter into memoranda of understanding or
other agreements with community service providers that are able to provide
residents with confidential emotional support services related to sexual abuse. The
agency shall maintain copies of agreements or documentation showing attempts to
enter into such agreements.
The advocacy agency representative’s interview and the MOU document the
provision of advocacy services including but not limited to emotional support;
accompaniment and hotline services. A resident may use the telephone to gain
access and speak with a victim advocate. The agency is identified on the signage
along with directions for reporting allegations or requesting advocacy services. The
interviews and MOU confirm the availability and accessibility of outside confidential
support services to residents.
Provision (d):
The facility shall also provide residents with reasonable and confidential access to
their attorneys or other legal representation and reasonable access to parents or
legal guardians.
The interviews, logs and observations confirm residents have access to attorneys
and court workers and reasonable access to their parents/legal guardians. The
comprehensive site review revealed areas where residents meet privately with a
legal representative and the visitation area for visits with family members. All
residents interviewed stated family may visit and they provided the days and times
of visitation and for telephone phone calls. Parents/guardians may also email the
residents through the management staff that will print and provide the email to the
resident.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.354 Third-party reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Agency Website
Multilingual Posters
Posted PREA Information
Interviews:
Random Staff
Residents
§115.354
The agency shall establish a method to receive third-party reports of sexual abuse
and sexual harassment and shall distribute publicly information on how to report
sexual abuse and sexual harassment on behalf of a resident.
Staff members are to receive, document and report allegations of sexual abuse and
sexual harassment made by a third-party. The staff members are aware third-party
reporting of sexual abuse or sexual harassment can be done and collectively
indicated the information will be reported and documented in a timely manner. Staff
members are to document all verbal reports received. The interviews collectively
revealed staff may report allegations privately through the use of the abuse
reporting hotline, call the agency's Central Communications Center, call 911, and
tell a supervisor and/or administrator. The agency website contains the information
needed for third-parties to report allegations of sexual abuse and sexual
harassment.
Information regarding reporting is posted within the facility and accessible to
residents, staff, contractors and visitors. Reporting information is also contained in
the handbook. Residents interviewed indicated knowing someone who did not work
at the facility they have contact with and could report allegations of sexual abuse
and sexual harassment to. The residents identified the methods within the facility in
which they may make third party reports such as in writing, report to staff or a
family member, or utilize the abuse reporting hotline telephone. It was determined
that a person outside of the facility may report allegations of sexual abuse and may
make a report for a resident without giving the resident’s name. No third-party
reports were received during this audit period.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance regarding third-party reporting.
115.361 Staff and agency reporting duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Chapter 39, Section 201
Multilingual Posters
Interviews:
Random Staff
Medical Staff
Mental Health Staff
Superintendent/PREA Compliance Manager
Provision (a) & (b):
Provision (a): The agency shall require all staff to report immediately and
according to agency policy any knowledge, suspicion, or information they receive
regarding an incident of sexual abuse or sexual harassment that occurred in a
facility, whether or not it is part of the agency; retaliation against residents or staff
who reported such an incident; and any staff neglect or violation of responsibilities
that may have contributed to an incident or retaliation. Provision (b): The agency
shall also require all staff to comply with any applicable mandatory child abuse
reporting laws.
According to policies, procedures, Florida statute, and agency practice, all staff
members are required to report any allegation of sexual misconduct activity to the
Central Communications Center (CCC). Agency policy requires that all staff report
any knowledge, suspicion, information, or receipt of information regarding an
incident or allegation of sexual abuse, sexual harassment or incidents of retaliation.
Staff members are deemed as mandated reporters by the State. Trained agency
investigators conduct administrative investigations and allegations that are criminal
in nature are investigated by trained law enforcement investigators and possibly the
Department of Children and Families. The facility and agency policies provide
guidance to staff on reporting allegations of sexual abuse and sexual harassment
and the duties of the first responder.
Provision (c):
Apart from reporting to designated supervisors or officials and designated State or
local services agencies, staff shall be prohibited from revealing any information
related to a sexual abuse report to anyone other than to the extent necessary, as
specified in agency policy, to make treatment, investigation, and other security and
management decisions.
Policy states that staff is prohibited from revealing any related information to
anyone other than those persons making treatment, investigation, security, or
management decisions. After allegations have been appropriately reported, staff will
not be permitted to give out any other information relating to what was reported
except when necessary to obtain treatment for the resident, aid in the investigation,
or help retain the security of the facility. Staff is expected to continue to abide by
the confidentiality requirements of the facility. Interviews with staff indicated their
knowledge of the prohibition of revealing any information related to a sexual abuse
report to anyone other than to the extent necessary to make treatment,
investigation, and other security and management decisions.
Provision (d):
(1) Medical and mental health practitioners shall be required to report sexual abuse
to designated supervisors and officials pursuant to paragraph (a) of this section, as
well as to the designated State or local services agency where required by
mandatory reporting laws.
(2) Such practitioners shall be required to inform residents at the initiation of
services of their duty to report and the limitations of confidentiality.
The medical and mental health staff interviewed stated residents are informed at
the initiation of services of the limitations of confidentiality and the duty of the staff
members to report. The clinical staff interviewed revealed they are mandated
reporters. They also indicated informed consent will be documented for a resident
18 years old and over regarding reporting allegations of sexual abuse that did not
occur in an institutional setting.
Provision (e):
(1) Upon receiving any allegation of sexual abuse, the facility head or his or her
designee shall promptly report the allegation to the appropriate agency office and
to the alleged victim’s parents or legal guardians, unless the facility has official
documentation showing the parents or legal guardians should not be notified.
(2) If the alleged victim is under the guardianship of the child welfare system, the
report shall be made to the alleged victim’s caseworker instead of the parents or
legal guardians.
(3) If a juvenile court retains jurisdiction over the alleged victim, the facility head or
designee shall also report the allegation to the juvenile’s attorney or other legal
representative of record within 14 days of receiving the allegation.
Reports of allegations of sexual abuse will be made by the facility Superintendent/
designee which includes the Panama City Police Department, the agency's Central
Communications Center, and Department of Children and Families. The interview
with the Superintendent confirmed if the resident is under the custody of a child
welfare agency, the Case Worker will be notified directly. This information was also
verified through policy review.
Provision (f):
The facility shall report all allegations of sexual abuse and sexual harassment,
including third-party and anonymous reports, to the facility’s designated
investigators.
Policy provides that staff members are to immediately report any knowledge,
suspicion or information they receive regarding sexual abuse and sexual
harassment; retaliation against residents or staff who report any incidents; or any
staff neglect or violation of responsibilities that may have contributed to an incident
or retaliation. This information should be reported to the agency's Central
Communications Center, Department of Children and Families Abuse Registry, and
local law enforcement. Information needed for third-party reporting is posted in the
facility and on the agency's website.
Conclusion:
The facility is compliant with this standard based on the triangulation of the
evidence.
115.362 Agency protection duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Screening for Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB)
Interviews:
Superintendent
Random Staff
§115.362
When an agency learns that a resident is subject to a substantial risk of imminent
sexual abuse, it shall take immediate action to protect the resident.
The staff is required to protect the residents through implementing protective
measures. Administration of the PREA risk screening instrument provides
information that assists and guide staff in keeping residents safe through housing
and program assignments. Additional assessment instruments provide information
which offer supporting information in determining the risk level of each resident.
The interviews revealed protective measures include but are not limited to
separating residents; one-on-one or closer supervision; and contacting
administrators, supervisors and other staff.
The expectation is that any action to protect a resident would be taken immediately
as deemed from interviews. During the intake process, residents are asked about
how they feel about their safety as part of the inquiries by staff completing the
primary sexual safety instrument, VSAB. No resident was identified to be at
substantial risk of imminent sexual abuse in the past 12 months.
The help request forms (Grievance, Sick Call Request, etc.) are displayed for
residents to complete to gain assistance. The facility environment encourages
residents to complete a help request form, talk to a trusted staff member, talk to a
parent/guardian or other approved outside contact, or make a report using the
abuse reporting hotline regarding allegations of sexual abuse and sexual
harassment. The interviews with the residents revealed during the intake process,
how they feel about their safety is part of the inquiries by staff in completing
paperwork. A review of a sample of VSABs supports the information provided by
residents.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has
determined the facility is compliant with this standard and the provisions regarding
agency protection duties.
115.363 Reporting to other confinement facilities
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Interview:
Superintendent
Provisions (a), (b), (c), & (d):
Provision (a): Upon receiving an allegation that a resident was sexually abused
while confined at another facility, the head of the facility that received the
allegation shall notify the head of the facility or appropriate office of the agency
where the alleged abuse occurred and shall also notify the appropriate investigative
agency. Provision (b): Such notification shall be provided as soon as possible, but
no later than 72 hours after receiving the allegation. Provision (c): The agency
shall document that it has provided such notification. Provision (d): The facility
head or agency office that receives such notification shall ensure that the allegation
is investigated in accordance with these standards.
Agency policy and FOP require when an allegation of sexual abuse is received that a
resident was sexually abused while confined at another facility, the Superintendent
will notify the head of the facility or appropriate office of the agency where the
alleged abuse occurred. The notification will be made as soon as possible and within
72 hours and documented in accordance with policy. The Superintendent is also
required to make a report to the agency's Central Communications Center, law
enforcement and Department of Children and Families. Policy and interview support
allegations of sexual abuse or sexual harassment from a resident regarding their
stay in another facility will be reported and investigated as required. In the past 12
months, there were no allegations reported of sexual abuse occurring at another
facility.
Conclusion:
Based upon the information received and interviews, the Auditor determined the
facility is compliant with this standard regarding reporting to other confinement
facilities.
115.364 Staff first responder duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Bay RJDC Coordinated Response
Interviews:
Random Staff
Provision (a):
Upon learning of an allegation that a resident was sexually abused, the first staff
member to respond to the report shall be required to:
(1) Separate the alleged victim and abuser;
(2) Preserve and protect any crime scene until appropriate steps can be taken to
collect any evidence;
(3) If the abuse occurred within a time period that still allows for the collection of
physical evidence, request that the alleged victim not take any actions that could
destroy physical evidence, including, as appropriate, washing, brushing teeth,
changing clothes, urinating, defecating, smoking, drinking, or eating; and
(4) If the abuse occurred within a time period that still allows for the collection of
physical evidence, ensure that the alleged abuser does not take any actions that
could destroy physical evidence, including, as appropriate, washing, brushing teeth,
changing clothes, urinating, defecating, smoking, drinking, or eating.
The interviews and review of the coordinated response plan support the familiarity
with appropriate intervention. There were two allegations of sexual abuse in the last
12 months. Policy and training provide that upon learning of an allegation that a
resident was sexually abused the general staff response basically includes but is not
limited to the following:
a. Separate the victim and alleged abuser.
b. Preserve and protect the scene until appropriate steps can be taken to collect any
evidence.
c. Request that the alleged victim not take any actions that could destroy physical
evidence.
d. Take actions to ensure the alleged abuser does not take any actions that could
destroy physical evidence.
e. Ensure the safety of the victim.
f. Make the required notifications.
Provision (b):
If the first staff responder is not a security staff member, the responder shall be
required to request that the alleged victim not take any actions that could destroy
physical evidence, and then notify security staff.
Policy directs non-security staff who may act as a first responder to request that
physical evidence be preserved and to contact direct care staff for assistance. There
were no allegations or incidents where a non-security staff member had to act as a
first responder in the last 12 months. Random staff interviews revealed knowledge
of actions to be taken when a resident alleges sexual abuse.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has
determined the facility is compliant with this standard regarding staff first responder
duties.
115.365 Coordinated response
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Coordinated Response Plan
Interviews:
Superintendent
Random Staff
§115.365
The facility shall develop a written institutional plan to coordinate actions taken in
response to an incident of sexual abuse among staff first responders, medical and
mental health practitioners, investigators, and facility leadership.
Policy and procedures require the development of a written plan to coordinate
actions taken in response to an incident of sexual abuse among staff first
responders, medical, and facility leadership. The facility’s coordinated response plan
was reviewed and found in compliance with the requirements of the standard. The
interviews with the Superintendent and random staff revealed they are
knowledgeable of their duties in response to an allegation of sexual abuse. The
random staff interviewed were familiar with the roles regarding the response to an
allegation of sexual abuse. The Superintendent discussed the coordinated actions in
response to an incident of sexual abuse which was parallel to policy.
Forensic medical examinations will be provided free of charge to the victim at the
Gulf Coast Advocacy Center by a Sexual Assault Nurse Examiner (SANE), Sexual
Assault Forensic Examiner (SAFE), or a qualified medical practitioner. The Center
has 24/7 access to a qualified medical practitioner. The victim will be provided
unimpeded access to crisis intervention and medical services based on interviews,
policy and the coordinated response plan.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility complies with the standard.
Preservation of ability to protect residents from contact with
115.366
abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
Master Contract-The State of Florida and the Florida Public Employees, Council 79;
American Federation of State, County and Municipal Employees AFL-CIO
The Master Contract and agency policy does not limit the agency's ability to remove
alleged staff sexual abusers from contact with residents pending the outcome of an
investigation or of a determination of whether and to what extent discipline is
warranted. There is nothing in the Master Contract that restricts or interferes with
the standard,
115.367 Agency protection against retaliation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Interviews:
Retaliation Monitor
Superintendent/PREA Compliance Manager
Provision (a):
The agency shall establish a policy to protect all residents and staff who report
sexual abuse or sexual harassment or cooperate with sexual abuse or sexual
harassment investigations from retaliation by other residents or staff and shall
designate which staff members or departments are charged with monitoring
retaliation.
Policy supports protecting residents and staff who report sexual abuse or sexual
harassment or cooperate with sexual abuse or sexual harassment investigations,
from retaliation by other residents or staff. The retaliation monitor ensures that
retaliation monitoring occurs when an allegation is reported. The retaliation
monitoring activities are documented on the PREA Retaliation Monitoring Form
which is the practice of the agency. The policy requires the monitoring to take place
for a period of 90 days or longer, as needed.
One of the Captains serves as the retaliation monitor however retaliation monitoring
falls within the scope of both Captains. The interview revealed knowledge of the role
of the retaliation monitor. Multiple intervention measures available for victims,
abusers and staff include but are not limited to housing changes, transfers,
reassignment of staff, and communication. No retaliation has been noted in the
past 12 months.
Provision (b):
The agency shall employ multiple protection measures, such as housing changes or
transfers for resident victims or abusers, removal of alleged staff or resident
abusers from contact with victims, and emotional support services for residents or
staff who fear retaliation for reporting sexual abuse or sexual harassment or for
cooperating with investigations.
Policy identifies measures to protect staff and residents including the following:
a. Initiating housing changes or transfers for resident victims or abusers;
b. Removing alleged staff or resident abusers from contact with victims; and
c. Providing emotional support services.
The interview confirmed the facility would protect residents and staff from
retaliation for sexual abuse and sexual harassment allegations. Protective measures
include housing changes, transfers, removing alleged abusers, and emotional
support services. The retaliation monitor interview identified protective measures
that are aligned with the FOP and standard, including separating the alleged abuser
from the alleged victim.
Provision (c):
For at least 90 days following a report of sexual abuse, the agency shall monitor the
conduct or treatment of residents or staff who reported the sexual abuse and of
residents who were reported to have suffered sexual abuse to see if there are
changes that may suggest possible retaliation by residents or staff and shall act
promptly to remedy any such retaliation. Items the agency should monitor include
any resident disciplinary reports, housing, or program changes, or negative
performance reviews or reassignments of staff. The agency shall continue such
monitoring beyond 90 days if the initial monitoring indicates a continuing need.
The interview, along with policy and procedures, require the monitoring of items
identified in this provision of the standard. The retaliation monitor explained during
the interview how the monitoring duties will be discharged. Retaliation monitoring
would occur for 90 days to see if there are any changes that may suggest possible
retaliation by residents or staff, and shall act promptly to remedy any such
retaliation, according to policy. The monitoring will continue beyond 90 days, if the
initial monitoring indicates a continuing need. There have been no incidents of
retaliation during the 12 months preceding the audit.
Provision (d):
In the case of residents, such monitoring shall also include periodic status checks.
The retaliation monitor indicated status checks are initiated with staff and residents.
Agency policy and the FOP provide that periodic status will occur. The Retaliation
Status Checklist would be used to document the status checks as well as the
Retaliation Monitoring Checklist to document the ongoing motoring and use of the
Retaliation Status Checklist.
Provision (e):
If any other individual who cooperates with an investigation expresses a fear of
retaliation, the facility shall take appropriate measures to protect that individual
against retaliation.
If any other individual who cooperates with an investigation expresses the
occurrence retaliation from another resident or staff member, the facility take
appropriate measures to protect that individual against retaliation.
Provision (f):
An agency’s obligation to monitor shall terminate if the agency determines that the
allegation is unfounded.
Agency policy and the FOP state the facility’s obligation to monitor shall terminate if
it is determined that the allegation is unfounded.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.368 Post-allegation protective custody
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Interviews:
Superintendent
Mental Health Staff
Medical Staff
§115.368
Any use of segregated housing to protect a resident who is alleged to have suffered
sexual abuse shall be subject to the requirements of §115.342.
The facility requires residents may only be restricted to his/her single room as a last
measure to keep a resident who alleged sexual abuse safe and then only until an
alternative means for keeping the resident safe can be arranged. The practice is
that isolation is not used for this purpose. No residents have alleged sexual abuse
that needed to be protected by isolation in the past 12 months.
During the isolation period, in an extreme case, the resident must have access to
daily large muscle activities and legally required educational programming or
special education services. FOP further provides for daily visits by mental health and
medical personnel. Residents shall also have access to other programs and work
opportunities to the extent possible. According to the Superintendent, isolation or
segregated housing has not been used to protect a resident who alleged sexual
abuse. The clinical staff confirmed in such case, the resident would be visited at
least daily and have not had such a case in the past 12 months.
Conclusion:
Based upon the review and analysis of Policy, interviews and observations, the
Auditor determined the facility is compliant with this standard regarding post-
allegation protective custody.
115.371 Criminal and administrative agency investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Investigative Reports
PREA Compliance Form
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
Random Staff
Provision (a):
When the agency conducts its own investigations into allegations of sexual abuse
and sexual harassment, it shall do so promptly, thoroughly, and objectively for all
allegations, including third-party and anonymous reports.
The administrative investigations are conducted by the investigators with the
Florida Department of Juvenile Justice (DJJ), Office of Inspector General (OIG).
Investigators from the OIG review allegations to identify any misconduct by staff
related to DJJ policies and procedures. Based on documentation and interviews,
trained investigators conduct administrative investigations as prescribed by agency
policy. Allegations that are criminal in nature are referred to local law enforcement
and the Florida Department of Children and Families and all allegations are reported
through the agency's Central Communications Center.
Investigations are conducted thoroughly and objectively and the investigative
entity's policy provides for the training of investigators. The facility reports two
allegations of sexual abuse; one youth-on-youth and one staff-on-youth. The results
of the investigation determined the staff-on-youth allegation was unfounded and the
other allegation was determined as information only. The facility policy, interview
and investigative reports confirm cooperation between facility staff and the
investigative entity.
Provisions (b) & (c):
Provision (b): Where sexual abuse is alleged, the agency shall use investigators
who have received special training in sexual abuse investigations involving juvenile
victims pursuant to § 115.334. Provision (c):Investigators shall gather and
preserve direct and circumstantial evidence, including any available physical and
DNA evidence and any available electronic monitoring data; shall interview alleged
victims, suspected perpetrators, and witnesses; and shall review prior complaints
and reports of sexual abuse involving the suspected perpetrator.
The DJJ investigative staff is trained through the OIG. The DJJ Investigator will turn
over any evidence found to law enforcement investigators since they generally do
not handle direct evidence. The DJJ investigators will assist law enforcement and
among other activities, may review video; gather witness statements; and review
logs during the administrative investigation of the allegation. The law enforcement
investigator and/or qualified medical practitioner are responsible for collecting direct
physical and DNA evidence.
The facility staff and DJJ investigators are trained on how to assist in preserving
general evidence. The agency, DJJ, provides each facility with the PREA Form which
is provided to law enforcement investigators referencing the PREA standards
regarding conducting investigations in accordance with the standards. The DJJ
investigators follow the OIG guidelines governing PREA related investigations, in
accordance with agency policy.
Provision (d):
The agency shall not terminate an investigation solely because the source of the
allegation recants the allegation.
The interviews and previous interview with agency investigative staff, review of
documentation, and policy confirm the provision that an investigation is not
terminated if the source recants an allegation of sexual abuse or sexual
harassment. Policy states the agency does not terminate an investigation solely
because the source of the allegation recants the allegation which is evident through
interviews, and an investigative report.
Provision (e):
When the quality of evidence appears to support criminal prosecution, the agency
shall conduct compelled interviews only after consulting with prosecutors as to
whether compelled interviews may be an obstacle for subsequent criminal
prosecution.
The agency Investigators do not conduct compelled interviews, confirmed by
previous interview with investigative staff.
Provision (f):
The credibility of an alleged victim, suspect, or witness shall be assessed on an
individual basis and shall not be determined by the person’s status as resident or
staff. No agency shall require a resident who alleges sexual abuse to submit to a
polygraph examination or other truth-telling device as a condition for proceeding
with the investigation of such an allegation.
The credibility of an alleged victim, suspect, or witness is assessed on an individual
basis and is not determined by the person’s status as a resident or staff as
supported by the previous interview with the agency's investigative staff, training,
and in accordance with policy. According to the investigative staff, credibility may be
influenced by past history; what can be verified; what other evidence can
corroborate the information; body language; and/or whether or not the person is
answering questions or being dismissive. No resident who alleges sexual abuse will
be subjected to a polygraph examination or other truth telling device as a condition
for proceeding with an investigation of the allegation.
Provisions (g) & (h):
Provision (g): Administrative investigations:
(1) Shall include an effort to determine whether staff actions or failures to act
contributed to the abuse; and (2) Shall be documented in written reports that
include a description of the physical and testimonial evidence, the reasoning behind
credibility assessments, and investigative facts and findings. (2) Shall be
documented in written reports that include a description of the physical and
testimonial evidence, the reasoning behind credibility assessments, and
investigative facts and findings. Provision (h): Criminal investigations shall be
documented in a written report that contains a thorough description of physical,
testimonial, and documentary evidence and attaches copies of all documentary
evidence where feasible.
The interviews support that PREA investigations include an effort to determine
whether staff actions or failures to act contributed to the abuse. Investigations in all
facilities are completed with written reports that include a description of the
evidence and investigative facts and findings as gleaned from the previous
interview with the investigative staff. The investigative reports may also contain
information regarding the initial receipt of the call to report the allegation; list of
interviewees and related information; list of exhibits; logbook information; critique
of any video; and a host of other information as described by the investigative staff.
Criminal investigations are conducted by local law enforcement and are
documented.
Provision (i):
Substantiated allegations of conduct that appears to be criminal shall be referred for
prosecution.
The agency investigators do not conduct criminal investigations. It is the
responsibility of law enforcement personnel to refer cases for prosecution.
Provision (j):
The agency shall retain all written reports referenced in paragraphs (g) and (h) of
this section for as long as the alleged abuser is incarcerated or employed by the
agency, plus five years, unless the abuse was committed by a juvenile resident and
applicable law requires a shorter period of retention.
The written investigative reports are maintained for as long as the alleged abuser is
incarcerated or employed by the agency, plus five years as stated in policy.
Provision (k):
The departure of the alleged abuser or victim from the employment or control of the
facility or agency shall not provide a basis for terminating an investigation.
The interviews and previous interview with the investigative staff confirm that upon
the start of an investigation, it will not end until the investigation has been
completed. The departure of the alleged abuser or victim from the employment or
control of the facility will not terminate the investigation.
Provision (l):
Any State entity or Department of Justice component that conducts such
investigations shall do so pursuant to the above requirements.
The investigative agencies are aware of the PREA standards requirements through
the initial sharing of PREA information provided through the OIG, PREA Compliance
Form, and subsequent interactions.
Provision (m):
When outside agencies investigate sexual abuse, the facility shall cooperate with
outside investigators and shall endeavor to remain informed about the progress of
the investigation.
The agency does not conduct criminal investigations of residents’ allegations of
sexual abuse. The Panama City Police Department and the Florida Department of
Children and Families (DCF) cooperatively handle investigations that are criminal in
nature. Agency policy and interviews indicate that staff cooperate with investigators
and that the agency/facility is kept informed of the progress of an investigation. The
facility policy, interview and investigative reports confirm cooperation between
facility staff and the investigative entity. The Superintendent maintains contact with
the law enforcement investigator by communication through the contact
information and case number provided by the investigator. There is also
communication between facility staff/OIG and DCF.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.372 Evidentiary standard for administrative investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Investigative Reports
Interview:
Investigative Staff (previous interview)
§115.372
The agency shall impose no standard higher than a preponderance of the evidence
in determining whether allegations of sexual abuse or sexual harassment are
substantiated.
Agency policy provides the facility shall impose no standard higher than a
preponderance of the evidence in determining whether allegations of sexual abuse
or sexual harassment are substantiated. The previous interview with the
investigative staff is aligned with agency policy.
Conclusion:
Based upon the review and analysis of the available evidence and the interviews,
the Auditor determined the facility is compliant with this standard.
115.373 Reporting to residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Notification Letter Form
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
Provision (a):
Following an investigation into a resident’s allegation of sexual abuse suffered in an
agency facility, the agency shall inform the resident as to whether the allegation
has been determined to be substantiated, unsubstantiated, or unfounded.
It is required that the resident be informed when a sexual abuse investigation is
completed and the outcome of the investigation provided in writing. The results of
such investigations is documented and provided to the resident. The interviews
revealed awareness of the requirement. Policy requires the victim or the victim’s
parent(s) or legal guardian(s) be notified the investigation has concluded. The
notification letters, completed by the Superintendent, regarding the two
investigations were sent to the residents at another facility due to them having
been transferred.
Provision (b):
If the agency did not conduct the investigation, it shall request the relevant
information from the investigative agency in order to inform the resident.
The Superintendent remains abreast of an investigation conducted by law
enforcement. The results of the investigation will be provided to the resident by the
resident by the Superintendent or designee.
Provision (c):
Following a resident’s allegation that a staff member has committed sexual abuse
against the resident, the agency shall subsequently inform the resident (unless the
agency has determined that the allegation is unfounded) whenever:
(1) The staff member is no longer posted within the resident’s unit;
(2) The staff member is no longer employed at the facility;
(3) The agency learns that the staff member has been indicted on a charge related
to sexual abuse within the facility; or
(4) The agency learns that the staff member has been convicted on a charge related
to sexual abuse within the facility.
Policy requires that following a resident’s allegation that a staff member committed
sexual abuse against the resident, the resident will be informed of the following,
unless it has been determined that the allegation is unfounded, whenever:
a. The staff member is no longer assigned within the resident’s housing unit;
b. The staff member is no longer employed at the facility;
c. The staff member has been indicted on a charge related to sexual abuse within
Bay RJDC; or
d. The staff member has been convicted on a charge related to sexual abuse within
the facility.
There was one allegation of staff-on-youth sexual abuse; the investigation resulted
in the case determined as unfounded.
Provision (d):
Following a resident’s allegation that he or she has been sexually abused by another
resident, the agency shall subsequently inform the alleged victim whenever:
(1) The agency learns that the alleged abuser has been indicted on a charge related
to sexual abuse within the facility; or
(2) The agency learns that the alleged abuser has been convicted on a charge
related to sexual abuse within the facility.
The Policy provides that following a resident’s allegation that he has been sexually
abused by another resident, the alleged victim shall be subsequently informed
whenever:
a. The alleged abuser is criminally charged related to the sexual abuse; or
b. The alleged abuser is adjudicated on a charge related to sexual abuse.
There was one allegation of youth-on-youth sexual abuse; the results of the
investigation was determined as information only.
Provision (e):
All such notifications or attempted notifications shall be documented.
It is required that the resident be informed when a sexual abuse investigation is
completed and the outcome of the investigation provided in writing. The results of
such investigations is documented and provided to the resident.
Provision (f):
An agency’s obligation to report under this standard shall terminate if the resident is
released from the agency’s custody.
Agency policy provides that the agency’s obligation to report under this standard
terminates if the resident is released from the agency’s custody.
Conclusion:
Based on the review and analysis of the available documentation and interviews,
the Auditor determined the facility is compliant with this standard.
115.376 Disciplinary sanctions for staff
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Employee Handbook
Interview:
Superintendent
Provision (a):
Staff shall be subject to disciplinary sanctions up to and including termination for
violating agency sexual abuse or sexual harassment policies.
The policies and interview support that staff be subject to disciplinary sanctions up
to and including termination for violating facility sexual abuse and sexual
harassment policies. There were no employees disciplined as a result of violating
sexual abuse and sexual harassment policies during this audit period.
Provision (b):
Termination shall be the presumptive disciplinary sanction for staff who has
engaged in sexual abuse.
Termination is the presumptive disciplinary sanction for staff who has engaged in
sexual abuse with a resident. There was no staff member that violated policy
regarding sexual abuse or sexual harassment during this audit period
Provision (c):
Disciplinary sanctions for violations of agency policies relating to sexual abuse or
sexual harassment (other than actually engaging in sexual abuse) shall be
commensurate with the nature and circumstances of the acts committed, the staff
member’s disciplinary history, and the sanctions imposed for comparable offenses
by other staff with similar histories.
Agency policy provides that disciplinary sanctions for violations of policies and
procedures relating to sexual abuse or sexual harassment (other than actually
engaging in sexual abuse) shall be commensurate with the nature and
circumstances of the acts committed, the staff member’s disciplinary history, and
the sanctions imposed for comparable offenses by other staff with similar histories.
There were no such actions during this audit period.
Provision (d):
All terminations for violations of agency sexual abuse or sexual harassment policies,
or resignations by staff who would have been terminated if not for their resignation,
shall be reported to law enforcement agencies, unless the activity was clearly not
criminal, and to any relevant licensing bodies.
Policy provides that terminations for violations of the facility’s sexual abuse or
sexual harassment policies or resignations by staff that would have been terminated
if not for their resignation, will be reported to law enforcement, unless the activity is
clearly not criminal. In addition, such will be reported to relevant licensing bodies,
where applicable. Notification to a licensing body will occur where indicated.
Conclusion:
Based upon the review of policy, FOP, and interview, the Auditor determined the
facility is compliant with this standard regarding disciplinary sanctions for staff.
115.377 Corrective action for contractors and volunteers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Employee Handbook
Interview:
Superintendent/PREA Compliance Manager
Provision (a):
Any contractor or volunteer who engages in sexual abuse shall be prohibited from
contact with residents and shall be reported to law enforcement agencies, unless
the activity was clearly not criminal, and to relevant licensing bodies.
Policies and procedures require any contractor or volunteer who engages in sexual
abuse be prohibited from contact with residents. Agency policy requires contractors
and volunteers who engage in sexual abuse be reported to law enforcement and to
relevant licensing bodies. During the past 12 months, there were no allegations of
sexual abuse or sexual harassment regarding contractors or volunteers.
The facility takes measures to provide volunteers and contractors a clear
understanding that sexual misconduct with a resident is strictly prohibited and is a
serious breach of conduct. The review of training materials and interviews with
volunteers and contractors confirm participation in PREA training and awareness of
the zero-tolerance policy and how to report allegations of sexual abuse or sexual
harassment of residents.
Provision (b):
The facility shall take appropriate remedial measures and shall consider whether to
prohibit further contact with residents, in the case of any other violation of agency
sexual abuse or sexual harassment policies by a contractor or volunteer.
The policies and interview confirm the appropriate remedial measures will be taken
and include prohibiting further contact with residents in the case of any violation of
the sexual abuse and sexual harassment policies by a contractor or volunteer. In the
past 12 months, no contractor or volunteer was reported for allegations of sexual
abuse or sexual harassment.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined the facility is in compliant with this standard regarding corrective action
for contractors and volunteers.
115.378 Interventions and disciplinary sanctions for residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Interviews:
Superintendent/PREA Compliance Manager
Mental Health Staff
Medical Staff
Provision (a):
A resident may be subject to disciplinary sanctions only pursuant to a formal
disciplinary process following an administrative finding that the resident engaged in
resident-on-resident sexual abuse or following a criminal finding of guilt for resident-
on-resident sexual abuse.
Policy and procedure require an administrative process for dealing with violations of
resident-on-resident sexual abuse. The Superintendent’s interview confirms the
formal disciplinary process however residents may also be referred to law
enforcement for charges regarding resident-on-resident sexual abuse. Sexual
activity between residents is prohibited and court and law enforcement processes
occur after determination the sexual activity was coerced. Residents will be
disciplined or court sanctioned for sexual contact with staff only when it has been
determined the staff member did not consent to the sexual contact.
Policy addresses an administrative process for dealing with rule violations and
references the policy that deals with discipline. Sanctions are directly related to the
seriousness of the negative behavior. The interview with the Superintendent
revealed the process regarding allegations of resident-on-resident abuse which can
include the resident being removed from the facility and placed in another detention
center during the investigation by law enforcement.
Provision (b):
Any disciplinary sanctions shall be commensurate with the nature and
circumstances of the abuse committed, the resident’s disciplinary history, and the
sanctions imposed for comparable offenses by other residents with similar histories.
In the event a disciplinary sanction results in the isolation of a resident, agencies
shall not deny the resident daily large-muscle exercise or access to any legally
required educational programming or special education services. Residents in
isolation shall receive daily visits from a medical or mental health care clinician.
Residents shall also have access to other programs and work opportunities to the
extent possible.
Disciplinary sanctions, applicable to the offense, are commensurate with the nature
and circumstances of the offense committed; considers resident’s disciplinary
history; considers similar disciplinary history of other residents. The interview with
the Superintendent and review of policy support there is consideration of mental
disabilities or mental illness contributing to the behavior. PREA related violations
may result in charges filed and the resident may be transported to another
detention facility based on the circumstances of the incident.
Allegations of sexual abuse are referred for an investigation to the appropriate
investigative entities. In the event a disciplinary sanction results in the isolation of a
resident, the facility shall not deny the resident daily large-muscle exercise or
access to any legally required educational programming or special education
services. Policy further provides for daily visits by mental health and medical
personnel. Residents shall also have access to other programs and work
opportunities to the extent possible, in accordance with policy.
Provision (c):
The disciplinary process shall consider whether a resident’s mental disabilities or
mental illness contributed to his or her behavior when determining what type of
sanction, if any, should be imposed.
Agency policy and the interview with the Superintendent support that the
disciplinary process considers whether a resident’s mental disabilities or mental
illness contributed to his or her behavior when determining what type of sanction, if
any, should be imposed. This was confirmed by the interview with the
Superintendent.
Provision (d):
If the facility offers therapy, counseling, or other interventions designed to address
and correct underlying reasons or motivations for the abuse, the facility shall
consider whether to offer the offending resident participation in such interventions.
The agency may require participation in such interventions as a condition of access
to any rewards-based behavior management system or other behavior-based
incentives, but not as a condition to access to general programming or education.
The facility considers whether to offer the offending resident therapy, counseling, or
other interventions designed to address and correct underlying reasons or
motivations for the abuse participation. The facility does not require participation in
such interventions as a condition to access the behavior management system or as
a condition to access to general programming or education as supported by the
interview with the mental health staff.
Provision (e):
The agency may discipline a resident for sexual contact with staff only upon a
finding that the staff member did not consent to such contact.
Policy provides the facility may discipline a resident for sexual contact with staff
only upon finding that the staff member did not consent to such contact. The
interview concurs that residents will be disciplined or court sanctioned for sexual
contact with staff only when it has been determined the staff member did not
consent to the sexual contact.
Provision (f):
For the purpose of disciplinary action, a report of sexual abuse made in good faith
based upon a reasonable belief that the alleged conduct occurred shall not
constitute falsely reporting an incident or lying, even if an investigation does not
establish evidence sufficient to substantiate the allegation.
A report of sexual abuse made in good faith based upon a reasonable belief that the
alleged conduct occurred does not constitute falsely reporting an incident or lying,
even if an investigation does not establish evidence sufficient to substantiate the
allegation, in accordance with policy.
Provision (g):
An agency may, in its discretion, prohibit all sexual activity between residents and
may discipline residents for such activity. An agency may not, however, deem such
activity to constitute sexual abuse if it determines that the activity is not coerced.
The facility prohibits any sexual conduct between residents; all such conduct is
subject to disciplinary action. Court processes occur after determination the sexual
activity was coerced.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined the facility is compliant with this standard.
115.381 Medical and mental health screenings; history of sexual abuse
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Staff Responsible for Risk Screening
Medical Staff
Mental Health Staff
Targeted
Provisions (a) & (b):
Provision (a): If the screening pursuant to § 115.341 indicates that a resident has
experienced prior sexual victimization, whether it occurred in an institutional setting
or in the community, staff shall ensure that the resident is offered a follow-up
meeting with a medical or mental health practitioner within 14 days of the intake
screening. Provision (b): If the screening pursuant to § 115.341 indicates that a
resident has previously perpetrated sexual abuse, whether it occurred in an
institutional setting or in the community, staff shall ensure that the resident is
offered a follow-up meeting with a mental health practitioner within 14 days of the
intake screening.
Policy and procedures require a follow-up meeting with a medical or mental health
practitioner within 14 days when a resident discloses any prior incidents of sexual
abuse whether victim or perpetrator. Interviews with the medical and mental health
staff and a review of documentation revealed residents are generally seen by
medical and mental health staff on the same day of admission as part of the intake
process. The policies verify information related to sexual victimization or
abusiveness which occurred in an institutional setting is limited to those staff where
it is based on their need to know to make the appropriate management and security
decisions. Interviews with the medical and mental health staff and observations
revealed documentation of the services provided to each resident is maintained in
clinical files. Medical and mental health staff discussed their knowledge of informed
consent, in accordance with policy.
Provision (c):
Any information related to sexual victimization or abusiveness that occurred in an
institutional setting shall be strictly limited to medical and mental health
practitioners and other staff, as necessary, to inform treatment plans and security
and management decisions, including housing, bed, work, education, and program
assignments, or as otherwise required by Federal, State, or local law.
Policy supports that no information is to be shared with other staff unless it is
required for security and management decisions regarding sexual abuse history.
Information related to sexual victimization or abusiveness that occurred in an
institutional setting is limited to clinical and treatment staff and to other staff, based
on their need to know, to make effective management decisions. During the onsite
review, the files were observed to be maintained in a secure manner.
Provision (d):
Medical and mental health practitioners shall obtain informed consent from
residents before reporting information about prior sexual victimization that did not
occur in an institutional setting, unless the resident is under the age of 18.
Policy provides that medical and mental health practitioners obtain informed
consent from residents before reporting information about prior sexual victimization
that did not occur in an institutional setting, unless the resident is under the age of
18.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.382 Access to emergency medical and mental health services
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 13HS:01.01), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Memorandum of Understanding (MOU), Gulf Coast Advocacy Center
Medical Staff
Mental Health Staff
Interviews:
Medical Staff
Mental Health Staff
Superintendent
Provision (a):
Resident victims of sexual abuse shall receive timely, unimpeded access to
emergency medical treatment and crisis intervention services, the nature and scope
of which are determined by medical and mental health practitioners according to
their professional judgment.
The interviews and policies support the alleged victim will receive timely and
unimpeded access to emergency medical treatment and crisis intervention services.
The interviews with clinical staff revealed that the nature and scope of their services
are determined according to their professional judgment. Residents are informed of
clinical services and meet with those practitioners and are provided services during
the intake process and throughout their stay in the facility. An alleged victim will get
services within the facility as well as timely services in the community.
Residents are provided access to an outside victim advocacy agency for services
through a MOU with the Gulf Coast Advocacy Center which includes but is not
limited to emotional support and accompaniment through the forensic examination
and investigative interviews. The advocate will go to the facility or the hospital to
provide services. An alleged victim will be transported to the local hospital or the
Gulf Coast Advocacy Center for a forensic medical examination that will be
conducted by a Sexual Assault Nurse Examiner (SANE) or Sexual Assault Forensic
Examiner (SANE). The examination will be performed at no cost to the victim, in
accordance with policy, in response to an allegation of sexual abuse. Observations
revealed that medical and mental health staff members maintain secondary
materials and documentation of encounters with residents. Processes and services
are in place for a victim to receive timely access to sexually transmitted infections
prophylaxis, where medically appropriate. I
Provision (b):
If no qualified medical or mental health practitioners are on duty at the time a
report of recent abuse is made, staff first responders shall take preliminary steps to
protect the victim pursuant to § 115.362 and shall immediately notify the
appropriate medical and mental health practitioners.
The interviews with clinical staff revealed residents have unimpeded access to
emergency services. The written coordinated response plan flow chart provides
guidance to staff in protecting residents and for contacting the appropriate staff
regarding allegations or incidents of sexual abuse, including contacting medical and
mental health staff. Review of the coordinated plan; observations of the interactions
among residents, medical and mental health practitioners; and staff interviews
indicated unimpeded medical and crisis intervention services are available to a
victim of sexual abuse.
Provision (c):
Resident victims of sexual abuse while incarcerated shall be offered timely
information about and timely access to emergency contraception and sexually
transmitted infections prophylaxis, in accordance with professionally accepted
standards of care, where medically appropriate.
The FOP and interviews confirmed processes and services are in place for a victim
to receive timely access to emergency contraception and sexually transmitted
infection prophylaxis, where medically appropriate. Additionally, follow-up services
as needed will be provided by the facility’s medical and mental health staff,
according to the interviews with clinical staff. The facility houses females and
males.
Provision (d):
Treatment services shall be provided to the victim without financial cost and
regardless of whether the victim names the abuser or cooperates with any
investigation arising out of the incident.
Agency policy provides that treatment services will be provided to the victim
without financial cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident. This was also
confirmed through staff interviews and documentation.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.383 Ongoing medical and mental health care for sexual abuse victims
and abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Medical Staff
Mental Health Staff
Provision (a):
The facility shall offer medical and mental health evaluation and, as appropriate,
treatment to all residents who have been victimized by sexual abuse in any prison,
jail, lockup, or juvenile facility.
The policies and interviews support that medical and mental health evaluation and
treatment will be offered to resident victims of sexual abuse. Follow-up services will
be provided that include but are not limited to any medication management, health
education, and counseling. There have been no sexual abuse victims in the past 12
months; however, if needed, procedures are in place to address the specific needs
as verified during staff interviews.
Provision (b):
The evaluation and treatment of such victims shall include, as appropriate, follow-up
services, treatment plans, and, when necessary, referrals for continued care
following their transfer to, or placement in, other facilities, or their release from
custody.
Interviews and documentation of encounters confirm on-going medical and mental
health care will be provided as appropriate and will include but not be limited to
treatment planning; evaluations, medication management, counseling, and follow-
up and referrals as needed. Specialized treatment may be provided by clinicians on
site and through contract and referral services. The medical staff will ensure the
medical discharge orders are followed. Interviews with the clinical staff and
observations confirmed on-going medical and mental health care will be provided as
appropriate.
Provision (c):
The facility shall provide such victims with medical and mental health services
consistent with the community level of care.
Staff interviews and observations revealed medical and mental health services are
consistent with the community level of care.
Provision (d):
Resident victims of sexually abusive vaginal penetration while incarcerated shall be
offered pregnancy tests.
Pregnancy tests may be conducted at the hospital or the facility.
Provision (e):
If pregnancy results from conduct specified in paragraph (d) of this section, such
victims shall receive timely and comprehensive information about and timely access
to all lawful pregnancy-related medical services.
This information and related services will be provided at the facility and through
community and/or contract services as needed.
Provision (f):
Resident victims of sexual abuse while incarcerated shall be offered tests for
sexually transmitted infections as medically appropriate.
Agency policy and interviews ensure that victims of sexual abuse will be provided
tests for sexually transmitted infections as medically appropriate. Testing may be be
done at the Gulf Coast Advocacy Center, hospital or the facility, and follow-up
services may be done at the facility, as needed.
Provision (g):
Treatment services shall be provided to the victim without financial cost and
regardless of whether the victim names the abuser or cooperates with any
investigation arising out of the incident.
All treatment services will be provided at no cost to the victim, according to agency
policy and interviews.
Provision (h):
The facility shall attempt to conduct a mental health evaluation of all known
resident-on-resident abusers within 60 days of learning of such abuse history and
offer treatment when deemed appropriate by mental health practitioners.
Agency policy provides for attempts to be made for a mental health practitioner to
attempt to conduct a mental health evaluation within 60 days on all known resident-
on-resident abusers and offer appropriate treatment by mental health staff. Services
will include but not be limited to individual, group and family counseling. According
to mental health staff, an evaluation would be conducted within 24 hours of learning
of the information.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor determined
the facility is compliant with this standard.
115.386 Sexual abuse incident reviews
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Interviews:
Superintendent
Incident Review Team Member
Provision (a):
The facility shall conduct a sexual abuse incident review at the conclusion of every
sexual abuse investigation, including where the allegation has not been
substantiated, unless the allegation has been determined to be unfounded.
Policy and procedures require an incident review team meeting within 30 days of
the conclusion of each investigation. The policy mandates review team participation
to include but not limited to agency-wide PREA Coordinator, Superintendent, PREA
Compliance Manager, medical staff, and mental health staff. The statewide PREA
Coordinator will prepare a report of the review team’s findings and submit the report
to the Superintendent and Regional Director.
The interview with the Superintendent and an incident review team member and
review of documentation indicate the team considers the following: whether the
allegation or investigation indicates a need to change policy or practice; considers
whether the incident or allegation was motivated by race, ethnicity, gender identity,
lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived
status; gang affiliation; or other group dynamics at the facility; examine the area in
the facility where the incident allegedly occurred; assess the adequacy of staffing
levels in that area during different shifts; ands assess whether monitoring
technology should be deployed or augmented to supplement supervision by staff.
Provision (b):
Such review shall ordinarily occur within 30 days of the conclusion of the
investigation.
The reviews ordinarily occur within 30 days as the agency practice. There were two
allegations of sexual abuse during the past year; one was determined to be
Unfounded and the other one was documented as Information Only. An incident
review meeting was conducted regarding the case that was labeled as Information
Only which was conducted beyond the 30 days. The statewide PREA Coordinator
facilitated the meeting and copies were provided to the Superintendent and regional
staff.
Provision (c):
The review team shall include upper-level management officials, with input from line
supervisors, investigators, and medical or mental health practitioners.
Policy and interviews collectively identify members of the incident review team to
include upper-level management, with input from line supervisors, investigators,
and mental health and medical practitioners. The statewide PREA Coordinator
facilitates the incident review team meetings. The interviews confirmed the FOP
requirements.
Provision (d):
The review team shall:
(1) Consider whether the allegation or investigation indicates a need to change
policy or practice to better prevent, detect, or respond to sexual abuse;
(2) Consider whether the incident or allegation was motivated by race; ethnicity;
gender identity; lesbian, gay, bisexual, transgender, or intersex identification,
status, or perceived status; or, gang affiliation; or was motivated or otherwise
caused by other group dynamics at the facility;
(3) Examine the area in the facility where the incident allegedly occurred to assess
whether physical barriers in the area may enable abuse;
(4) Assess the adequacy of staffing levels in that area during different shifts;
(5) Assess whether monitoring technology should be deployed or augmented to
supplement supervision by staff; and
(6) Prepare a report of its findings, including but not necessarily limited to
determinations made pursuant to paragraphs (d)(1)-(d)(5) of this section, and any
recommendations for improvement and submit such report to the facility head and
PREA Compliance Manager.
Policy and interviews collectively outline the requirements of the standard for the
areas to be assessed by the incident review team. The interviews and review of
policy confirm the incident review team is charged with considering the factors
identified in this standard provision regarding the results of the investigation. The
incident review process is documented and is facilitated by the statewide PREA
Coordinator. The meeting minutes for an incident review team meeting are recorded
by the statewide PREA Coordinator and the written report also includes any
recommendations for improvement. Based on statewide practice, the minutes from
an incident review team meeting are documented and consideration given in
accordance with this provision of the Standard.
Provision (e):
The facility shall implement the recommendations for improvement or shall
document its reasons for not doing so.
Policy outlines the requirements of the standard for the areas to be assessed by the
incident review team. The collective review of policy and interviews with the
incident review team member and Superintendent confirm the incident review team
is charged with considering the factors identified in this standard provision
regarding the results of the investigation, including but not limited to: considering
the make-up and vulnerability of the population such as gang affiliation; whether
the resident identifies as gay, bisexual, transgender, or intersex; other group
dynamics; assessment of the area relative to the allegations; and adequacy of
staffing.
The meeting is documented, including recommendations and the document
provided to the Superintendent and regional staff. The interview with the incident
review team member confirmed the facility would prepare a report of its findings
and any recommendations for improvement when conducting a sexual abuse
incident review. He confirmed the team would consider all factors required by the
standard. The sections included on the meeting minutes include: narrative of event;
investigative conclusion: action taken: action recommended.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined the facility is compliant with this standard.
115.387 Data collection
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
FDJJ 2020, Incident Operations Center and Incident Reviews
Facility Operating Procedures (FOP) 3.09 PREA
PREA Incident Reports Data
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
Provisions (a) & (c):
The agency shall collect accurate, uniform data for every allegation of sexual abuse
at facilities under its direct control using a standardized instrument and set of
definitions. The incident-based data collected shall include, at a minimum, the data
necessary to answer all questions from the most recent version of the Survey of
Sexual Violence conducted by the Department of Justice.
The policies provide for the collection of accurate and uniform data for every
allegation of sexual abuse from incident-based documents. The agency collects the
data and completes an annual report with the compilation of data gleaned from the
facilities through the central reporting system. Agency policy contains a
standardized set of definitions and provides support for the collection of accurate
and uniform data. The agency maintains incident-based data complete enough to
complete the most recent version of the instrument formerly identified as the
Survey of Sexual Violence and now identified as the Survey of Sexual Victimization.
Provision (b):
The agency shall aggregate the incident-based sexual abuse data at least annually.
Policy and procedures and review of the annual report and data gathering
instrument and other documents confirm the facility collects incident-based,
uniform data regarding allegations of sexual abuse and sexual harassment. A
standardized instrument and specific guidelines and definitions are used to assist in
identifying the data.
Provision (d):
The agency shall maintain, review, and collect data as needed from all available
incident-based documents, including reports, investigation files, and sexual abuse
incident reviews.
The facility maintains and collects various types of identified data and related
documents regarding PREA. The facility collects and maintains data in accordance
with policy guidelines and the agency aggregates the data which culminates into an
annual report.
Provision (e):
The agency also shall obtain incident-based and aggregated data from every private
facility with which it contracts for the confinement of its residents.
The agency obtains incident-based and aggregated data from the private and state-
run facilities that are identified as responsible for PREA compliance.
Provision (f):
Upon request, the agency shall provide all such data from the previous calendar
year to the Department of Justice no later than June 30.
Policy states that upon request, the facility shall provide all such data from the
previous calendar year to the Department of Justice no later than June 30. A request
was not made for the previous calendar year.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor determined
the facility is compliant with this standard regarding data collection.
115.388 Data review for corrective action
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Annual Report
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
Provision (a):
The agency shall review data collected and aggregated pursuant to §115.387 in
order to assess and improve the effectiveness of its sexual abuse prevention,
detection, and response policies, practices, and training, including:
(1) Identifying problem areas;
(2) Taking corrective action on an ongoing basis; and
(3) Preparing an annual report of its findings and corrective actions for each facility,
as well as this agency as a whole.
The interviews and previous interview with the statewide PREA Coordinator support
the review of data and its use to improve the agency’s PREA efforts. The interviews
and review of documentation revealed the collection of various types of data,
including PREA related information. Data is reviewed to assess and improve the
effectiveness of prevention, detection and response within the agency as well as
individual facilities. The data is also primary to preparing annual reports.
Provisions (b), (c) & (d):
Provision (b): Such report shall include a comparison of the current year’s data
and corrective actions with those from prior years and shall provide an assessment
of the agency’s progress in addressing sexual abuse. Provision (c): The agency’s
report shall be approved by the agency head and made readily available to the
public through its website or, if it does not have one, through other means.
Provision (d): The agency may redact specific material from the reports when
publication would present a clear and specific threat to the safety and security of a
facility, but must indicate the nature of the material redacted.
The annual report is prepared by the agency and includes data from all state-run
and contract facilities within the agency. The annual reports are approved by the
agency head/designee. There are no personal identifiers in the report. The annual
report contains PREA related data that represents previous calendar years allowing
for the comparison of data. The overarching annual report for the agency is posted
on the agency’s website, accessible to the public.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor determined
the facility is compliant with this standard.
115.389 Data storage, publication, and destruction
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
FDJJ 1316, Records and Information Management Procedures
Facility Operating Procedures (FOP) 3.09, PREA
Annual Report
Interview:
Superintendent/PREA Compliance Manager
Provision (a), (b), (c), & (d):
Provision (a): The agency shall ensure that data collected pursuant to §115.387
are securely retained. Provision (b): The agency shall make all aggregated sexual
abuse data, from facilities under its direct control and private facilities with which it
contracts, readily available to the public at least annually through its website or, if it
does not have one, through other means. Provision (c): Before making aggregated
sexual abuse data publicly available, the agency shall remove all personal
identifiers. Provision (d): The agency shall maintain sexual abuse data collected
pursuant to §115.387 for at least 10 years after the date of its initial collection
unless Federal, State, or local law requires otherwise.
The data collected is securely stored and maintained for at least 10 years after the
date of collection unless a law requires otherwise. Personal identifiers are removed
from aggregated data before making the data publicly available. The annual report
is available to the public through the agency's website. A review of the annual
report verified there are no personal identifiers. All facility and agency records are
securely stored behind locked doors with key control and electronic records are
password protected with limited access. The interview supports the premise and
policies.
Conclusion:
Based upon the review and analysis of the documentation, interviews and
observations, the Auditor determined the facility is compliant with this standard
regarding data storage, publication, and destruction.
115.401 Frequency and scope of audits
Auditor Overall Determination: Meets Standard
Auditor Discussion
The previous audit was conducted in 2021. Additional documentation was uploaded
in the system as requested by the Auditor and was provided to the Auditor during
the onsite audit phase. The agency ensured the completion of PREA audits for each
state-run and contract facility as required, including this facility. The site review was
conducted by the Superintendent and included all areas of the facility. The areas
containing posted PREA information and signage where residents may and may not
go were observed. All staff members were cooperative in providing information and
participating in or assisting in coordinating the interviews.
All interviews were conducted in private. The PREA notices provided the general
information and included instructions and Auditor contact information regarding how
to provide confidential information to the Auditor. The facility has a process in place
for confidential correspondence for the residents however no correspondence was
received by the Auditor from residents or staff.
115.403 Audit contents and findings
Auditor Overall Determination: Meets Standard
Auditor Discussion
The posted PREA reports do not contain any personal identifying information other
than names and job titles. The facility and agency policies and additional
documentation, practices and interviews with the Superintendent and other facility
and agency staff were reviewed regarding compliance with the standards and have
been identified in the reports. The interview with the Superintendent,
communication with the statewide PREA Coordinator, and observation confirm the
final audit reports are posted on the agency website, per practice.
There were no conflicts of interest regarding the completion of this audit. This report
does not contain any personal identifying information other than names and job
titles of facility and agency staff. This facility was previously audited in 2021. The
audit findings were based on a review of policies and procedures and supporting
documentation; interviews with staff, residents, contractors, volunteers and a
community resource; and observations.
Appendix: Provision Findings
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(a) coordinator
Does the agency have a written policy mandating zero tolerance yes
toward all forms of sexual abuse and sexual harassment?
Does the written policy outline the agency’s approach to yes
preventing, detecting, and responding to sexual abuse and sexual
harassment?
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(b) coordinator
Has the agency employed or designated an agency-wide PREA yes
Coordinator?
Is the PREA Coordinator position in the upper-level of the agency yes
hierarchy?
Does the PREA Coordinator have sufficient time and authority to yes
develop, implement, and oversee agency efforts to comply with
the PREA standards in all of its facilities?
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(c) coordinator
If this agency operates more than one facility, has each facility yes
designated a PREA compliance manager? (N/A if agency operates
only one facility.)
Does the PREA compliance manager have sufficient time and yes
authority to coordinate the facility’s efforts to comply with the
PREA standards? (N/A if agency operates only one facility.)
115.312
Contracting with other entities for the confinement of residents
(a)
If this agency is public and it contracts for the confinement of its yes
residents with private agencies or other entities including other
government agencies, has the agency included the entity’s
obligation to adopt and comply with the PREA standards in any
new contract or contract renewal signed on or after August 20,
2012? (N/A if the agency does not contract with private agencies
or other entities for the confinement of residents.)
115.312
Contracting with other entities for the confinement of residents
(b)
Does any new contract or contract renewal signed on or after yes
August 20, 2012 provide for agency contract monitoring to ensure
that the contractor is complying with the PREA standards? (N/A if
the agency does not contract with private agencies or other
entities for the confinement of residents OR the response to
115.312(a)-1 is "NO".)
115.313
Supervision and monitoring
(a)
Does the agency ensure that each facility has developed a staffing yes
plan that provides for adequate levels of staffing and, where
applicable, video monitoring, to protect residents against sexual
abuse?
Does the agency ensure that each facility has implemented a yes
staffing plan that provides for adequate levels of staffing and,
where applicable, video monitoring, to protect residents against
sexual abuse?
Does the agency ensure that each facility has documented a yes
staffing plan that provides for adequate levels of staffing and,
where applicable, video monitoring, to protect residents against
sexual abuse?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
prevalence of substantiated and unsubstantiated incidents of
sexual abuse?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring:
Generally accepted juvenile detention and correctional/secure
residential practices?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
judicial findings of inadequacy?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
findings of inadequacy from Federal investigative agencies?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
findings of inadequacy from internal or external oversight bodies?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: All
components of the facility’s physical plant (including “blind-spots”
or areas where staff or residents may be isolated)?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
composition of the resident population?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
number and placement of supervisory staff?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring:
Institution programs occurring on a particular shift?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
applicable State or local laws, regulations, or standards?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
other relevant factors?
115.313
Supervision and monitoring
(b)
Does the agency comply with the staffing plan except during yes
limited and discrete exigent circumstances?
In circumstances where the staffing plan is not complied with, na
does the facility fully document all deviations from the plan? (N/A
if no deviations from staffing plan.)
115.313
Supervision and monitoring
(c)
Does the facility maintain staff ratios of a minimum of 1:8 during yes
resident waking hours, except during limited and discrete exigent
circumstances? (N/A only until October 1, 2017.)
Does the facility maintain staff ratios of a minimum of 1:16 during yes
resident sleeping hours, except during limited and discrete
exigent circumstances? (N/A only until October 1, 2017.)
Does the facility fully document any limited and discrete exigent yes
circumstances during which the facility did not maintain staff
ratios? (N/A only until October 1, 2017.)
Does the facility ensure only security staff are included when yes
calculating these ratios? (N/A only until October 1, 2017.)
Is the facility obligated by law, regulation, or judicial consent yes
decree to maintain the staffing ratios set forth in this paragraph?
115.313
Supervision and monitoring
(d)
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The staffing plan established
pursuant to paragraph (a) of this section?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: Prevailing staffing patterns?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The facility’s deployment of
video monitoring systems and other monitoring technologies?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The resources the facility has
available to commit to ensure adherence to the staffing plan?
115.313
Supervision and monitoring
(e)
Has the facility implemented a policy and practice of having yes
intermediate-level or higher-level supervisors conduct and
document unannounced rounds to identify and deter staff sexual
abuse and sexual harassment? (N/A for non-secure facilities )
Is this policy and practice implemented for night shifts as well as yes
day shifts? (N/A for non-secure facilities )
Does the facility have a policy prohibiting staff from alerting other yes
staff members that these supervisory rounds are occurring, unless
such announcement is related to the legitimate operational
functions of the facility? (N/A for non-secure facilities )
115.315
Limits to cross-gender viewing and searches
(a)
Does the facility always refrain from conducting any cross-gender yes
strip or cross-gender visual body cavity searches, except in
exigent circumstances or by medical practitioners?
115.315
Limits to cross-gender viewing and searches
(b)
Does the facility always refrain from conducting cross-gender pat- yes
down searches in non-exigent circumstances?
115.315
Limits to cross-gender viewing and searches
(c)
Does the facility document and justify all cross-gender strip yes
searches and cross-gender visual body cavity searches?
Does the facility document all cross-gender pat-down searches? yes
115.315
Limits to cross-gender viewing and searches
(d)
Does the facility implement policies and procedures that enable yes
residents to shower, perform bodily functions, and change clothing
without nonmedical staff of the opposite gender viewing their
breasts, buttocks, or genitalia, except in exigent circumstances or
when such viewing is incidental to routine cell checks?
Does the facility require staff of the opposite gender to announce yes
their presence when entering a resident housing unit?
In facilities (such as group homes) that do not contain discrete yes
housing units, does the facility require staff of the opposite gender
to announce their presence when entering an area where
residents are likely to be showering, performing bodily functions,
or changing clothing? (N/A for facilities with discrete housing
units)
115.315
Limits to cross-gender viewing and searches
(e)
Does the facility always refrain from searching or physically yes
examining transgender or intersex residents for the sole purpose
of determining the resident’s genital status?
If a resident’s genital status is unknown, does the facility yes
determine genital status during conversations with the resident,
by reviewing medical records, or, if necessary, by learning that
information as part of a broader medical examination conducted
in private by a medical practitioner?
115.315
Limits to cross-gender viewing and searches
(f)
Does the facility/agency train security staff in how to conduct yes
cross-gender pat down searches in a professional and respectful
manner, and in the least intrusive manner possible, consistent
with security needs?
Does the facility/agency train security staff in how to conduct yes
searches of transgender and intersex residents in a professional
and respectful manner, and in the least intrusive manner possible,
consistent with security needs?
115.316 Residents with disabilities and residents who are limited
(a) English proficient
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who are deaf or hard of hearing?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who are blind or have low vision?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have intellectual disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have psychiatric disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have speech disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Other? (if "other," please explain in overall determination notes.)
Do such steps include, when necessary, ensuring effective yes
communication with residents who are deaf or hard of hearing?
Do such steps include, when necessary, providing access to yes
interpreters who can interpret effectively, accurately, and
impartially, both receptively and expressively, using any
necessary specialized vocabulary?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Have
intellectual disabilities?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Have
limited reading skills?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Who are
blind or have low vision?
115.316 Residents with disabilities and residents who are limited
(b) English proficient
Does the agency take reasonable steps to ensure meaningful yes
access to all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment to residents
who are limited English proficient?
Do these steps include providing interpreters who can interpret yes
effectively, accurately, and impartially, both receptively and
expressively, using any necessary specialized vocabulary?
115.316 Residents with disabilities and residents who are limited
(c) English proficient
Does the agency always refrain from relying on resident yes
interpreters, resident readers, or other types of resident assistants
except in limited circumstances where an extended delay in
obtaining an effective interpreter could compromise the resident’s
safety, the performance of first-response duties under §115.364,
or the investigation of the resident’s allegations?
115.317
Hiring and promotion decisions
(a)
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has engaged in sexual
abuse in a prison, jail, lockup, community confinement facility,
juvenile facility, or other institution (as defined in 42 U.S.C. 1997)?
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has been convicted of
engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or
coercion, or if the victim did not consent or was unable to consent
or refuse?
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has been civilly or
administratively adjudicated to have engaged in the activity
described in the bullet immediately above?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has
engaged in sexual abuse in a prison, jail, lockup, community
confinement facility, juvenile facility, or other institution (as
defined in 42 U.S.C. 1997)?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has been
convicted of engaging or attempting to engage in sexual activity
in the community facilitated by force, overt or implied threats of
force, or coercion, or if the victim did not consent or was unable to
consent or refuse?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has been
civilly or administratively adjudicated to have engaged in the
activity described in the two bullets immediately above?
115.317
Hiring and promotion decisions
(b)
Does the agency consider any incidents of sexual harassment in yes
determining whether to hire or promote anyone, or to enlist the
services of any contractor, who may have contact with residents?
115.317 Hiring and promotion decisions
(c)
Before hiring new employees who may have contact with yes
residents, does the agency: Perform a criminal background records
check?
Before hiring new employees who may have contact with yes
residents, does the agency: Consult any child abuse registry
maintained by the State or locality in which the employee would
work?
Before hiring new employees who may have contact with yes
residents, does the agency: Consistent with Federal, State, and
local law, make its best efforts to contact all prior institutional
employers for information on substantiated allegations of sexual
abuse or any resignation during a pending investigation of an
allegation of sexual abuse?
115.317
Hiring and promotion decisions
(d)
Does the agency perform a criminal background records check yes
before enlisting the services of any contractor who may have
contact with residents?
Does the agency consult applicable child abuse registries before yes
enlisting the services of any contractor who may have contact
with residents?
115.317
Hiring and promotion decisions
(e)
Does the agency either conduct criminal background records yes
checks at least every five years of current employees and
contractors who may have contact with residents or have in place
a system for otherwise capturing such information for current
employees?
115.317
Hiring and promotion decisions
(f)
Does the agency ask all applicants and employees who may have yes
contact with residents directly about previous misconduct
described in paragraph (a) of this section in written applications or
interviews for hiring or promotions?
Does the agency ask all applicants and employees who may have yes
contact with residents directly about previous misconduct
described in paragraph (a) of this section in any interviews or
written self-evaluations conducted as part of reviews of current
employees?
Does the agency impose upon employees a continuing affirmative yes
duty to disclose any such misconduct?
115.317
Hiring and promotion decisions
(g)
Does the agency consider material omissions regarding such yes
misconduct, or the provision of materially false information,
grounds for termination?
115.317
Hiring and promotion decisions
(h)
Unless prohibited by law, does the agency provide information on yes
substantiated allegations of sexual abuse or sexual harassment
involving a former employee upon receiving a request from an
institutional employer for whom such employee has applied to
work? (N/A if providing information on substantiated allegations of
sexual abuse or sexual harassment involving a former employee is
prohibited by law.)
115.318
Upgrades to facilities and technologies
(a)
If the agency designed or acquired any new facility or planned any na
substantial expansion or modification of existing facilities, did the
agency consider the effect of the design, acquisition, expansion,
or modification upon the agency’s ability to protect residents from
sexual abuse? (N/A if agency/facility has not acquired a new
facility or made a substantial expansion to existing facilities since
August 20, 2012, or since the last PREA audit, whichever is later.)
115.318
Upgrades to facilities and technologies
(b)
If the agency installed or updated a video monitoring system, na
electronic surveillance system, or other monitoring technology,
did the agency consider how such technology may enhance the
agency’s ability to protect residents from sexual abuse? (N/A if
agency/facility has not installed or updated a video monitoring
system, electronic surveillance system, or other monitoring
technology since August 20, 2012, or since the last PREA audit,
whichever is later.)
115.321
Evidence protocol and forensic medical examinations
(a)
If the agency is responsible for investigating allegations of sexual yes
abuse, does the agency follow a uniform evidence protocol that
maximizes the potential for obtaining usable physical evidence for
administrative proceedings and criminal prosecutions? (N/A if the
agency/facility is not responsible for conducting any form of
criminal OR administrative sexual abuse investigations.)
115.321
Evidence protocol and forensic medical examinations
(b)
Is this protocol developmentally appropriate for youth? (N/A if the yes
agency/facility is not responsible for conducting any form of
criminal OR administrative sexual abuse investigations.)
Is this protocol, as appropriate, adapted from or otherwise based yes
on the most recent edition of the U.S. Department of Justice’s
Office on Violence Against Women publication, “A National Protocol
for Sexual Assault Medical Forensic Examinations, Adults/
Adolescents,” or similarly comprehensive and authoritative
protocols developed after 2011? (N/A if the agency/facility is not
responsible for conducting any form of criminal OR administrative
sexual abuse investigations. )
115.321
Evidence protocol and forensic medical examinations
(c)
Does the agency offer all residents who experience sexual abuse yes
access to forensic medical examinations, whether on-site or at an
outside facility, without financial cost, where evidentiarily or
medically appropriate?
Are such examinations performed by Sexual Assault Forensic yes
Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs)
where possible?
If SAFEs or SANEs cannot be made available, is the examination yes
performed by other qualified medical practitioners (they must
have been specifically trained to conduct sexual assault forensic
exams)?
Has the agency documented its efforts to provide SAFEs or yes
SANEs?
115.321
Evidence protocol and forensic medical examinations
(d)
Does the agency attempt to make available to the victim a victim yes
advocate from a rape crisis center?
If a rape crisis center is not available to provide victim advocate yes
services, does the agency make available to provide these
services a qualified staff member from a community-based
organization, or a qualified agency staff member?
Has the agency documented its efforts to secure services from yes
rape crisis centers?
115.321
Evidence protocol and forensic medical examinations
(e)
As requested by the victim, does the victim advocate, qualified yes
agency staff member, or qualified community-based organization
staff member accompany and support the victim through the
forensic medical examination process and investigatory
interviews?
As requested by the victim, does this person provide emotional yes
support, crisis intervention, information, and referrals?
115.321
Evidence protocol and forensic medical examinations
(f)
If the agency itself is not responsible for investigating allegations yes
of sexual abuse, has the agency requested that the investigating
entity follow the requirements of paragraphs (a) through (e) of this
section? (N/A if the agency is responsible for investigating
allegations of sexual abuse.)
115.321
Evidence protocol and forensic medical examinations
(h)
If the agency uses a qualified agency staff member or a qualified na
community-based staff member for the purposes of this section,
has the individual been screened for appropriateness to serve in
this role and received education concerning sexual assault and
forensic examination issues in general? (Check N/A if agency
attempts to make a victim advocate from a rape crisis center
available to victims per 115.321(d) above.)
115.322
Policies to ensure referrals of allegations for investigations
(a)
Does the agency ensure an administrative or criminal yes
investigation is completed for all allegations of sexual abuse?
Does the agency ensure an administrative or criminal yes
investigation is completed for all allegations of sexual
harassment?
115.322
Policies to ensure referrals of allegations for investigations
(b)
Does the agency have a policy in place to ensure that allegations yes
of sexual abuse or sexual harassment are referred for
investigation to an agency with the legal authority to conduct
criminal investigations, unless the allegation does not involve
potentially criminal behavior?
Has the agency published such policy on its website or, if it does yes
not have one, made the policy available through other means?
Does the agency document all such referrals? yes
115.322
Policies to ensure referrals of allegations for investigations
(c)
If a separate entity is responsible for conducting criminal yes
investigations, does such publication describe the responsibilities
of both the agency and the investigating entity? (N/A if the
agency/facility is responsible for criminal investigations. See
115.321(a))
115.331
Employee training
(a)
Does the agency train all employees who may have contact with yes
residents on: Its zero-tolerance policy for sexual abuse and sexual
harassment?
Does the agency train all employees who may have contact with yes
residents on: How to fulfill their responsibilities under agency
sexual abuse and sexual harassment prevention, detection,
reporting, and response policies and procedures?
Does the agency train all employees who may have contact with yes
residents on: Residents’ right to be free from sexual abuse and
sexual harassment
Does the agency train all employees who may have contact with yes
residents on: The right of residents and employees to be free from
retaliation for reporting sexual abuse and sexual harassment?
Does the agency train all employees who may have contact with yes
residents on: The dynamics of sexual abuse and sexual
harassment in juvenile facilities?
Does the agency train all employees who may have contact with yes
residents on: The common reactions of juvenile victims of sexual
abuse and sexual harassment?
Does the agency train all employees who may have contact with yes
residents on: How to detect and respond to signs of threatened
and actual sexual abuse and how to distinguish between
consensual sexual contact and sexual abuse between residents?
Does the agency train all employees who may have contact with yes
residents on: How to avoid inappropriate relationships with
residents?
Does the agency train all employees who may have contact with yes
residents on: How to communicate effectively and professionally
with residents, including lesbian, gay, bisexual, transgender,
intersex, or gender nonconforming residents?
Does the agency train all employees who may have contact with yes
residents on: How to comply with relevant laws related to
mandatory reporting of sexual abuse to outside authorities?
Does the agency train all employees who may have contact with yes
residents on: Relevant laws regarding the applicable age of
consent?
115.331
Employee training
(b)
Is such training tailored to the unique needs and attributes of yes
residents of juvenile facilities?
Is such training tailored to the gender of the residents at the yes
employee’s facility?
Have employees received additional training if reassigned from a yes
facility that houses only male residents to a facility that houses
only female residents, or vice versa?
115.331
Employee training
(c)
Have all current employees who may have contact with residents yes
received such training?
Does the agency provide each employee with refresher training yes
every two years to ensure that all employees know the agency’s
current sexual abuse and sexual harassment policies and
procedures?
In years in which an employee does not receive refresher training, yes
does the agency provide refresher information on current sexual
abuse and sexual harassment policies?
115.331
Employee training
(d)
Does the agency document, through employee signature or yes
electronic verification, that employees understand the training
they have received?
115.332
Volunteer and contractor training
(a)
Has the agency ensured that all volunteers and contractors who yes
have contact with residents have been trained on their
responsibilities under the agency’s sexual abuse and sexual
harassment prevention, detection, and response policies and
procedures?
115.332
Volunteer and contractor training
(b)
Have all volunteers and contractors who have contact with yes
residents been notified of the agency’s zero-tolerance policy
regarding sexual abuse and sexual harassment and informed how
to report such incidents (the level and type of training provided to
volunteers and contractors shall be based on the services they
provide and level of contact they have with residents)?
115.332
Volunteer and contractor training
(c)
Does the agency maintain documentation confirming that yes
volunteers and contractors understand the training they have
received?
115.333
Resident education
(a)
During intake, do residents receive information explaining the yes
agency’s zero-tolerance policy regarding sexual abuse and sexual
harassment?
During intake, do residents receive information explaining how to yes
report incidents or suspicions of sexual abuse or sexual
harassment?
Is this information presented in an age-appropriate fashion? yes
115.333
Resident education
(b)
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Their rights to be free from sexual abuse and
sexual harassment?
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Their rights to be free from retaliation for
reporting such incidents?
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Agency policies and procedures for responding to
such incidents?
115.333
Resident education
(c)
Have all residents received such education? yes
Do residents receive education upon transfer to a different facility yes
to the extent that the policies and procedures of the resident’s
new facility differ from those of the previous facility?
115.333
Resident education
(d)
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are limited English proficient?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are deaf?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are visually impaired?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are otherwise disabled?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Have limited reading skills?
115.333
Resident education
(e)
Does the agency maintain documentation of resident participation yes
in these education sessions?
115.333
Resident education
(f)
In addition to providing such education, does the agency ensure yes
that key information is continuously and readily available or visible
to residents through posters, resident handbooks, or other written
formats?
115.334
Specialized training: Investigations
(a)
In addition to the general training provided to all employees yes
pursuant to §115.331, does the agency ensure that, to the extent
the agency itself conducts sexual abuse investigations, its
investigators have received training in conducting such
investigations in confinement settings? (N/A if the agency does
not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
115.334
Specialized training: Investigations
(b)
Does this specialized training include: Techniques for interviewing yes
juvenile sexual abuse victims? (N/A if the agency does not conduct
any form of administrative or criminal sexual abuse investigations.
See 115.321(a).)
Does this specialized training include: Proper use of Miranda and yes
Garrity warnings? (N/A if the agency does not conduct any form of
administrative or criminal sexual abuse investigations. See
115.321(a).)
Does this specialized training include: Sexual abuse evidence yes
collection in confinement settings? (N/A if the agency does not
conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
Does this specialized training include: The criteria and evidence yes
required to substantiate a case for administrative action or
prosecution referral? (N/A if the agency does not conduct any form
of administrative or criminal sexual abuse investigations. See
115.321(a).)
115.334
Specialized training: Investigations
(c)
Does the agency maintain documentation that agency yes
investigators have completed the required specialized training in
conducting sexual abuse investigations? (N/A if the agency does
not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
115.335
Specialized training: Medical and mental health care
(a)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to detect and assess signs of sexual
abuse and sexual harassment? (N/A if the agency does not have
any full- or part-time medical or mental health care practitioners
who work regularly in its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to preserve physical evidence of sexual
abuse? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in
its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to respond effectively and
professionally to juvenile victims of sexual abuse and sexual
harassment? (N/A if the agency does not have any full- or part-
time medical or mental health care practitioners who work
regularly in its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How and to whom to report allegations or
suspicions of sexual abuse and sexual harassment? (N/A if the
agency does not have any full- or part-time medical or mental
health care practitioners who work regularly in its facilities.)
115.335
Specialized training: Medical and mental health care
(b)
If medical staff employed by the agency conduct forensic na
examinations, do such medical staff receive appropriate training
to conduct such examinations? (N/A if agency medical staff at the
facility do not conduct forensic exams or the agency does not
employ medical staff.)
115.335
Specialized training: Medical and mental health care
(c)
Does the agency maintain documentation that medical and yes
mental health practitioners have received the training referenced
in this standard either from the agency or elsewhere? (N/A if the
agency does not have any full- or part-time medical or mental
health care practitioners who work regularly in its facilities.)
115.335
Specialized training: Medical and mental health care
(d)
Do medical and mental health care practitioners employed by the yes
agency also receive training mandated for employees by
§115.331? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in
its facilities.)
Do medical and mental health care practitioners contracted by yes
and volunteering for the agency also receive training mandated
for contractors and volunteers by §115.332? (N/A if the agency
does not have any full- or part-time medical or mental health care
practitioners contracted by or volunteering for the agency.)
115.341
Obtaining information from residents
(a)
Within 72 hours of the resident’s arrival at the facility, does the yes
agency obtain and use information about each resident’s personal
history and behavior to reduce risk of sexual abuse by or upon a
resident?
Does the agency also obtain this information periodically yes
throughout a resident’s confinement?
115.341
Obtaining information from residents
(b)
Are all PREA screening assessments conducted using an objective yes
screening instrument?
115.341
Obtaining information from residents
(c)
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Prior sexual
victimization or abusiveness?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Any gender
nonconforming appearance or manner or identification as lesbian,
gay, bisexual, transgender, or intersex, and whether the resident
may therefore be vulnerable to sexual abuse?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Current
charges and offense history?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Age?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Level of
emotional and cognitive development?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Physical size
and stature?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Mental illness
or mental disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Intellectual or
developmental disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Physical
disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: The resident’s
own perception of vulnerability?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Any other
specific information about individual residents that may indicate
heightened needs for supervision, additional safety precautions, or
separation from certain other residents?
115.341
Obtaining information from residents
(d)
Is this information ascertained: Through conversations with the yes
resident during the intake process and medical mental health
screenings?
Is this information ascertained: During classification assessments? yes
Is this information ascertained: By reviewing court records, case yes
files, facility behavioral records, and other relevant documentation
from the resident’s files?
115.341
Obtaining information from residents
(e)
Has the agency implemented appropriate controls on the yes
dissemination within the facility of responses to questions asked
pursuant to this standard in order to ensure that sensitive
information is not exploited to the resident’s detriment by staff or
other residents?
115.342
Placement of residents
(a)
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Housing Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Bed assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Work Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Education
Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Program Assignments?
115.342
Placement of residents
(b)
Are residents isolated from others only as a last resort when less yes
restrictive measures are inadequate to keep them and other
residents safe, and then only until an alternative means of
keeping all residents safe can be arranged?
During any period of isolation, does the agency always refrain yes
from denying residents daily large-muscle exercise?
During any period of isolation, does the agency always refrain yes
from denying residents any legally required educational
programming or special education services?
Do residents in isolation receive daily visits from a medical or yes
mental health care clinician?
Do residents also have access to other programs and work yes
opportunities to the extent possible?
115.342
Placement of residents
(c)
Does the agency always refrain from placing: Lesbian, gay, and yes
bisexual residents in particular housing, bed, or other assignments
solely on the basis of such identification or status?
Does the agency always refrain from placing: Transgender yes
residents in particular housing, bed, or other assignments solely
on the basis of such identification or status?
Does the agency always refrain from placing: Intersex residents in yes
particular housing, bed, or other assignments solely on the basis
of such identification or status?
Does the agency always refrain from considering lesbian, gay, yes
bisexual, transgender, or intersex identification or status as an
indicator or likelihood of being sexually abusive?
115.342
Placement of residents
(d)
When deciding whether to assign a transgender or intersex yes
resident to a facility for male or female residents, does the agency
consider on a case-by-case basis whether a placement would
ensure the resident’s health and safety, and whether a placement
would present management or security problems (NOTE: if an
agency by policy or practice assigns residents to a male or female
facility on the basis of anatomy alone, that agency is not in
compliance with this standard)?
When making housing or other program assignments for yes
transgender or intersex residents, does the agency consider on a
case-by-case basis whether a placement would ensure the
resident’s health and safety, and whether a placement would
present management or security problems?
115.342
Placement of residents
(e)
Are placement and programming assignments for each yes
transgender or intersex resident reassessed at least twice each
year to review any threats to safety experienced by the resident?
115.342
Placement of residents
(f)
Are each transgender or intersex resident’s own views with yes
respect to his or her own safety given serious consideration when
making facility and housing placement decisions and
programming assignments?
115.342
Placement of residents
(g)
Are transgender and intersex residents given the opportunity to yes
shower separately from other residents?
115.342
Placement of residents
(h)
If a resident is isolated pursuant to paragraph (b) of this section, na
does the facility clearly document: The basis for the facility’s
concern for the resident’s safety? (N/A for h and i if facility doesn’t
use isolation?)
If a resident is isolated pursuant to paragraph (b) of this section, na
does the facility clearly document: The reason why no alternative
means of separation can be arranged? (N/A for h and i if facility
doesn’t use isolation?)
115.342
Placement of residents
(i)
In the case of each resident who is isolated as a last resort when yes
less restrictive measures are inadequate to keep them and other
residents safe, does the facility afford a review to determine
whether there is a continuing need for separation from the general
population EVERY 30 DAYS?
115.351
Resident reporting
(a)
Does the agency provide multiple internal ways for residents to yes
privately report: Sexual abuse and sexual harassment?
Does the agency provide multiple internal ways for residents to yes
privately report: 2. Retaliation by other residents or staff for
reporting sexual abuse and sexual harassment?
Does the agency provide multiple internal ways for residents to yes
privately report: Staff neglect or violation of responsibilities that
may have contributed to such incidents?
115.351
Resident reporting
(b)
Does the agency also provide at least one way for residents to yes
report sexual abuse or sexual harassment to a public or private
entity or office that is not part of the agency?
Is that private entity or office able to receive and immediately yes
forward resident reports of sexual abuse and sexual harassment to
agency officials?
Does that private entity or office allow the resident to remain yes
anonymous upon request?
Are residents detained solely for civil immigration purposes yes
provided information on how to contact relevant consular officials
and relevant officials at the Department of Homeland Security to
report sexual abuse or harassment?
115.351
Resident reporting
(c)
Do staff members accept reports of sexual abuse and sexual yes
harassment made verbally, in writing, anonymously, and from
third parties?
Do staff members promptly document any verbal reports of sexual yes
abuse and sexual harassment?
115.351
Resident reporting
(d)
Does the facility provide residents with access to tools necessary yes
to make a written report?
115.351
Resident reporting
(e)
Does the agency provide a method for staff to privately report yes
sexual abuse and sexual harassment of residents?
115.352
Exhaustion of administrative remedies
(a)
Is the agency exempt from this standard? yes
NOTE: The agency is exempt ONLY if it does not have
administrative procedures to address resident grievances
regarding sexual abuse. This does not mean the agency is exempt
simply because a resident does not have to or is not ordinarily
expected to submit a grievance to report sexual abuse. This
means that as a matter of explicit policy, the agency does not
have an administrative remedies process to address sexual abuse.
115.352
Exhaustion of administrative remedies
(b)
Does the agency permit residents to submit a grievance regarding na
an allegation of sexual abuse without any type of time limits? (The
agency may apply otherwise-applicable time limits to any portion
of a grievance that does not allege an incident of sexual abuse.)
(N/A if agency is exempt from this standard.)
Does the agency always refrain from requiring an resident to use na
any informal grievance process, or to otherwise attempt to resolve
with staff, an alleged incident of sexual abuse? (N/A if agency is
exempt from this standard.)
115.352
Exhaustion of administrative remedies
(c)
Does the agency ensure that: A resident who alleges sexual abuse na
may submit a grievance without submitting it to a staff member
who is the subject of the complaint? (N/A if agency is exempt from
this standard.)
Does the agency ensure that: Such grievance is not referred to a na
staff member who is the subject of the complaint? (N/A if agency
is exempt from this standard.)
115.352
Exhaustion of administrative remedies
(d)
Does the agency issue a final agency decision on the merits of any na
portion of a grievance alleging sexual abuse within 90 days of the
initial filing of the grievance? (Computation of the 90-day time
period does not include time consumed by residents in preparing
any administrative appeal.) (N/A if agency is exempt from this
standard.)
If the agency determines that the 90 day timeframe is insufficient na
to make an appropriate decision and claims an extension of time
(the maximum allowable extension of time to respond is 70 days
per 115.352(d)(3)) , does the agency notify the resident in writing
of any such extension and provide a date by which a decision will
be made? (N/A if agency is exempt from this standard.)
At any level of the administrative process, including the final level, na
if the resident does not receive a response within the time allotted
for reply, including any properly noticed extension, may a resident
consider the absence of a response to be a denial at that level?
(N/A if agency is exempt from this standard.)
115.352
Exhaustion of administrative remedies
(e)
Are third parties, including fellow residents, staff members, family na
members, attorneys, and outside advocates, permitted to assist
residents in filing requests for administrative remedies relating to
allegations of sexual abuse? (N/A if agency is exempt from this
standard.)
Are those third parties also permitted to file such requests on na
behalf of residents? (If a third party, other than a parent or legal
guardian, files such a request on behalf of a resident, the facility
may require as a condition of processing the request that the
alleged victim agree to have the request filed on his or her behalf,
and may also require the alleged victim to personally pursue any
subsequent steps in the administrative remedy process.) (N/A if
agency is exempt from this standard.)
If the resident declines to have the request processed on his or na
her behalf, does the agency document the resident’s decision?
(N/A if agency is exempt from this standard.)
Is a parent or legal guardian of a juvenile allowed to file a na
grievance regarding allegations of sexual abuse, including
appeals, on behalf of such juvenile? (N/A if agency is exempt from
this standard.)
If a parent or legal guardian of a juvenile files a grievance (or an na
appeal) on behalf of a juvenile regarding allegations of sexual
abuse, is it the case that those grievances are not conditioned
upon the juvenile agreeing to have the request filed on his or her
behalf? (N/A if agency is exempt from this standard.)
115.352
Exhaustion of administrative remedies
(f)
Has the agency established procedures for the filing of an na
emergency grievance alleging that a resident is subject to a
substantial risk of imminent sexual abuse? (N/A if agency is
exempt from this standard.)
After receiving an emergency grievance alleging a resident is na
subject to a substantial risk of imminent sexual abuse, does the
agency immediately forward the grievance (or any portion thereof
that alleges the substantial risk of imminent sexual abuse) to a
level of review at which immediate corrective action may be
taken? (N/A if agency is exempt from this standard.)
After receiving an emergency grievance described above, does na
the agency provide an initial response within 48 hours? (N/A if
agency is exempt from this standard.)
After receiving an emergency grievance described above, does na
the agency issue a final agency decision within 5 calendar days?
(N/A if agency is exempt from this standard.)
Does the initial response and final agency decision document the na
agency’s determination whether the resident is in substantial risk
of imminent sexual abuse? (N/A if agency is exempt from this
standard.)
Does the initial response document the agency’s action(s) taken in na
response to the emergency grievance? (N/A if agency is exempt
from this standard.)
Does the agency’s final decision document the agency’s action(s) na
taken in response to the emergency grievance? (N/A if agency is
exempt from this standard.)
115.352
Exhaustion of administrative remedies
(g)
If the agency disciplines a resident for filing a grievance related to na
alleged sexual abuse, does it do so ONLY where the agency
demonstrates that the resident filed the grievance in bad faith?
(N/A if agency is exempt from this standard.)
115.353 Resident access to outside confidential support services and
(a) legal representation
Does the facility provide residents with access to outside victim yes
advocates for emotional support services related to sexual abuse
by providing, posting, or otherwise making accessible mailing
addresses and telephone numbers, including toll-free hotline
numbers where available, of local, State, or national victim
advocacy or rape crisis organizations?
Does the facility provide persons detained solely for civil yes
immigration purposes mailing addresses and telephone numbers,
including toll-free hotline numbers where available of local, State,
or national immigrant services agencies?
Does the facility enable reasonable communication between yes
residents and these organizations and agencies, in as confidential
a manner as possible?
115.353 Resident access to outside confidential support services and
(b) legal representation
Does the facility inform residents, prior to giving them access, of yes
the extent to which such communications will be monitored and
the extent to which reports of abuse will be forwarded to
authorities in accordance with mandatory reporting laws?
115.353 Resident access to outside confidential support services and
(c) legal representation
Does the agency maintain or attempt to enter into memoranda of yes
understanding or other agreements with community service
providers that are able to provide residents with confidential
emotional support services related to sexual abuse?
Does the agency maintain copies of agreements or documentation yes
showing attempts to enter into such agreements?
115.353 Resident access to outside confidential support services and
(d) legal representation
Does the facility provide residents with reasonable and yes
confidential access to their attorneys or other legal
representation?
Does the facility provide residents with reasonable access to yes
parents or legal guardians?
115.354
Third-party reporting
(a)
Has the agency established a method to receive third-party yes
reports of sexual abuse and sexual harassment?
Has the agency distributed publicly information on how to report yes
sexual abuse and sexual harassment on behalf of a resident?
115.361
Staff and agency reporting duties
(a)
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding an incident of sexual abuse or
sexual harassment that occurred in a facility, whether or not it is
part of the agency?
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding retaliation against residents or
staff who reported an incident of sexual abuse or sexual
harassment?
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding any staff neglect or violation of
responsibilities that may have contributed to an incident of sexual
abuse or sexual harassment or retaliation?
115.361
Staff and agency reporting duties
(b)
Does the agency require all staff to comply with any applicable yes
mandatory child abuse reporting laws?
115.361
Staff and agency reporting duties
(c)
Apart from reporting to designated supervisors or officials and yes
designated State or local services agencies, are staff prohibited
from revealing any information related to a sexual abuse report to
anyone other than to the extent necessary, as specified in agency
policy, to make treatment, investigation, and other security and
management decisions?
115.361
Staff and agency reporting duties
(d)
Are medical and mental health practitioners required to report yes
sexual abuse to designated supervisors and officials pursuant to
paragraph (a) of this section as well as to the designated State or
local services agency where required by mandatory reporting
laws?
Are medical and mental health practitioners required to inform yes
residents of their duty to report, and the limitations of
confidentiality, at the initiation of services?
115.361
Staff and agency reporting duties
(e)
Upon receiving any allegation of sexual abuse, does the facility yes
head or his or her designee promptly report the allegation to the
appropriate office?
Upon receiving any allegation of sexual abuse, does the facility yes
head or his or her designee promptly report the allegation to the
alleged victim’s parents or legal guardians unless the facility has
official documentation showing the parents or legal guardians
should not be notified?
If the alleged victim is under the guardianship of the child welfare na
system, does the facility head or his or her designee promptly
report the allegation to the alleged victim’s caseworker instead of
the parents or legal guardians? (N/A if the alleged victim is not
under the guardianship of the child welfare system.)
If a juvenile court retains jurisdiction over the alleged victim, does yes
the facility head or designee also report the allegation to the
juvenile’s attorney or other legal representative of record within
14 days of receiving the allegation?
115.361
Staff and agency reporting duties
(f)
Does the facility report all allegations of sexual abuse and sexual yes
harassment, including third-party and anonymous reports, to the
facility’s designated investigators?
115.362
Agency protection duties
(a)
When the agency learns that a resident is subject to a substantial yes
risk of imminent sexual abuse, does it take immediate action to
protect the resident?
115.363
Reporting to other confinement facilities
(a)
Upon receiving an allegation that a resident was sexually abused yes
while confined at another facility, does the head of the facility that
received the allegation notify the head of the facility or
appropriate office of the agency where the alleged abuse
occurred?
Does the head of the facility that received the allegation also yes
notify the appropriate investigative agency?
115.363
Reporting to other confinement facilities
(b)
Is such notification provided as soon as possible, but no later than yes
72 hours after receiving the allegation?
115.363
Reporting to other confinement facilities
(c)
Does the agency document that it has provided such notification? yes
115.363
Reporting to other confinement facilities
(d)
Does the facility head or agency office that receives such yes
notification ensure that the allegation is investigated in
accordance with these standards?
115.364
Staff first responder duties
(a)
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Separate the alleged victim and abuser?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Preserve and protect any crime scene until
appropriate steps can be taken to collect any evidence?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Request that the alleged victim not take any actions
that could destroy physical evidence, including, as appropriate,
washing, brushing teeth, changing clothes, urinating, defecating,
smoking, drinking, or eating, if the abuse occurred within a time
period that still allows for the collection of physical evidence?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Ensure that the alleged abuser does not take any
actions that could destroy physical evidence, including, as
appropriate, washing, brushing teeth, changing clothes, urinating,
defecating, smoking, drinking, or eating, if the abuse occurred
within a time period that still allows for the collection of physical
evidence?
115.364
Staff first responder duties
(b)
If the first staff responder is not a security staff member, is the yes
responder required to request that the alleged victim not take any
actions that could destroy physical evidence, and then notify
security staff?
115.365
Coordinated response
(a)
Has the facility developed a written institutional plan to coordinate yes
actions among staff first responders, medical and mental health
practitioners, investigators, and facility leadership taken in
response to an incident of sexual abuse?
115.366 Preservation of ability to protect residents from contact with
(a) abusers
Are both the agency and any other governmental entities yes
responsible for collective bargaining on the agency’s behalf
prohibited from entering into or renewing any collective
bargaining agreement or other agreement that limits the agency’s
ability to remove alleged staff sexual abusers from contact with
any residents pending the outcome of an investigation or of a
determination of whether and to what extent discipline is
warranted?
115.367
Agency protection against retaliation
(a)
Has the agency established a policy to protect all residents and yes
staff who report sexual abuse or sexual harassment or cooperate
with sexual abuse or sexual harassment investigations from
retaliation by other residents or staff?
Has the agency designated which staff members or departments yes
are charged with monitoring retaliation?
115.367
Agency protection against retaliation
(b)
Does the agency employ multiple protection measures for yes
residents or staff who fear retaliation for reporting sexual abuse or
sexual harassment or for cooperating with investigations, such as
housing changes or transfers for resident victims or abusers,
removal of alleged staff or resident abusers from contact with
victims, and emotional support services?
115.367
Agency protection against retaliation
(c)
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor the conduct and
treatment of residents or staff who reported the sexual abuse to
see if there are changes that may suggest possible retaliation by
residents or staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor the conduct and
treatment of residents who were reported to have suffered sexual
abuse to see if there are changes that may suggest possible
retaliation by residents or staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Act promptly to remedy any
such retaliation?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Any resident
disciplinary reports?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Resident housing
changes?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Resident program
changes?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Negative performance
reviews of staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Reassignments of
staff?
Does the agency continue such monitoring beyond 90 days if the yes
initial monitoring indicates a continuing need?
115.367
Agency protection against retaliation
(d)
In the case of residents, does such monitoring also include yes
periodic status checks?
115.367
Agency protection against retaliation
(e)
If any other individual who cooperates with an investigation yes
expresses a fear of retaliation, does the agency take appropriate
measures to protect that individual against retaliation?
115.368
Post-allegation protective custody
(a)
Is any and all use of segregated housing to protect a resident who yes
is alleged to have suffered sexual abuse subject to the
requirements of § 115.342?
115.371
Criminal and administrative agency investigations
(a)
When the agency conducts its own investigations into allegations yes
of sexual abuse and sexual harassment, does it do so promptly,
thoroughly, and objectively? (N/A if the agency does not conduct
any form of administrative or criminal investigations of sexual
abuse or harassment. See 115.321(a).)
Does the agency conduct such investigations for all allegations, yes
including third party and anonymous reports? (N/A if the agency
does not conduct any form of administrative or criminal
investigations of sexual abuse or harassment. See 115.321(a).)
115.371
Criminal and administrative agency investigations
(b)
Where sexual abuse is alleged, does the agency use investigators yes
who have received specialized training in sexual abuse
investigations involving juvenile victims as required by 115.334?
115.371
Criminal and administrative agency investigations
(c)
Do investigators gather and preserve direct and circumstantial yes
evidence, including any available physical and DNA evidence and
any available electronic monitoring data?
Do investigators interview alleged victims, suspected yes
perpetrators, and witnesses?
Do investigators review prior reports and complaints of sexual yes
abuse involving the suspected perpetrator?
115.371
Criminal and administrative agency investigations
(d)
Does the agency always refrain from terminating an investigation yes
solely because the source of the allegation recants the allegation?
115.371
Criminal and administrative agency investigations
(e)
When the quality of evidence appears to support criminal no
prosecution, does the agency conduct compelled interviews only
after consulting with prosecutors as to whether compelled
interviews may be an obstacle for subsequent criminal
prosecution?
115.371 Criminal and administrative agency investigations
(f)
Do agency investigators assess the credibility of an alleged victim, yes
suspect, or witness on an individual basis and not on the basis of
that individual’s status as resident or staff?
Does the agency investigate allegations of sexual abuse without yes
requiring a resident who alleges sexual abuse to submit to a
polygraph examination or other truth-telling device as a condition
for proceeding?
115.371
Criminal and administrative agency investigations
(g)
Do administrative investigations include an effort to determine yes
whether staff actions or failures to act contributed to the abuse?
Are administrative investigations documented in written reports yes
that include a description of the physical evidence and testimonial
evidence, the reasoning behind credibility assessments, and
investigative facts and findings?
115.371
Criminal and administrative agency investigations
(h)
Are criminal investigations documented in a written report that yes
contains a thorough description of the physical, testimonial, and
documentary evidence and attaches copies of all documentary
evidence where feasible?
115.371
Criminal and administrative agency investigations
(i)
Are all substantiated allegations of conduct that appears to be yes
criminal referred for prosecution?
115.371
Criminal and administrative agency investigations
(j)
Does the agency retain all written reports referenced in yes
115.371(g) and (h) for as long as the alleged abuser is
incarcerated or employed by the agency, plus five years unless
the abuse was committed by a juvenile resident and applicable
law requires a shorter period of retention?
115.371
Criminal and administrative agency investigations
(k)
Does the agency ensure that the departure of an alleged abuser yes
or victim from the employment or control of the facility or agency
does not provide a basis for terminating an investigation?
115.371
Criminal and administrative agency investigations
(m)
When an outside entity investigates sexual abuse, does the facility yes
cooperate with outside investigators and endeavor to remain
informed about the progress of the investigation? (N/A if an
outside agency does not conduct administrative or criminal sexual
abuse investigations. See 115.321(a).)
115.372
Evidentiary standard for administrative investigations
(a)
Is it true that the agency does not impose a standard higher than yes
a preponderance of the evidence in determining whether
allegations of sexual abuse or sexual harassment are
substantiated?
115.373
Reporting to residents
(a)
Following an investigation into a resident’s allegation of sexual yes
abuse suffered in the facility, does the agency inform the resident
as to whether the allegation has been determined to be
substantiated, unsubstantiated, or unfounded?
115.373
Reporting to residents
(b)
If the agency did not conduct the investigation into a resident’s yes
allegation of sexual abuse in an agency facility, does the agency
request the relevant information from the investigative agency in
order to inform the resident? (N/A if the agency/facility is
responsible for conducting administrative and criminal
investigations.)
115.373
Reporting to residents
(c)
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The staff member is
no longer posted within the resident’s unit?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The staff member is
no longer employed at the facility?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The agency learns
that the staff member has been indicted on a charge related to
sexual abuse in the facility?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The agency learns
that the staff member has been convicted on a charge related to
sexual abuse within the facility?
115.373
Reporting to residents
(d)
Following a resident’s allegation that he or she has been sexually yes
abused by another resident, does the agency subsequently inform
the alleged victim whenever: The agency learns that the alleged
abuser has been indicted on a charge related to sexual abuse
within the facility?
Following a resident’s allegation that he or she has been sexually yes
abused by another resident, does the agency subsequently inform
the alleged victim whenever: The agency learns that the alleged
abuser has been convicted on a charge related to sexual abuse
within the facility?
115.373
Reporting to residents
(e)
Does the agency document all such notifications or attempted yes
notifications?
115.376
Disciplinary sanctions for staff
(a)
Are staff subject to disciplinary sanctions up to and including yes
termination for violating agency sexual abuse or sexual
harassment policies?
115.376
Disciplinary sanctions for staff
(b)
Is termination the presumptive disciplinary sanction for staff who yes
have engaged in sexual abuse?
115.376
Disciplinary sanctions for staff
(c)
Are disciplinary sanctions for violations of agency policies relating yes
to sexual abuse or sexual harassment (other than actually
engaging in sexual abuse) commensurate with the nature and
circumstances of the acts committed, the staff member’s
disciplinary history, and the sanctions imposed for comparable
offenses by other staff with similar histories?
115.376
Disciplinary sanctions for staff
(d)
Are all terminations for violations of agency sexual abuse or yes
sexual harassment policies, or resignations by staff who would
have been terminated if not for their resignation, reported to: Law
enforcement agencies, unless the activity was clearly not
criminal?
Are all terminations for violations of agency sexual abuse or yes
sexual harassment policies, or resignations by staff who would
have been terminated if not for their resignation, reported to:
Relevant licensing bodies?
115.377
Corrective action for contractors and volunteers
(a)
Is any contractor or volunteer who engages in sexual abuse yes
prohibited from contact with residents?
Is any contractor or volunteer who engages in sexual abuse yes
reported to: Law enforcement agencies (unless the activity was
clearly not criminal)?
Is any contractor or volunteer who engages in sexual abuse yes
reported to: Relevant licensing bodies?
115.377
Corrective action for contractors and volunteers
(b)
In the case of any other violation of agency sexual abuse or sexual yes
harassment policies by a contractor or volunteer, does the facility
take appropriate remedial measures, and consider whether to
prohibit further contact with residents?
115.378
Interventions and disciplinary sanctions for residents
(a)
Following an administrative finding that a resident engaged in yes
resident-on-resident sexual abuse, or following a criminal finding
of guilt for resident-on-resident sexual abuse, may residents be
subject to disciplinary sanctions only pursuant to a formal
disciplinary process?
115.378
Interventions and disciplinary sanctions for residents
(b)
Are disciplinary sanctions commensurate with the nature and yes
circumstances of the abuse committed, the resident’s disciplinary
history, and the sanctions imposed for comparable offenses by
other residents with similar histories?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident is not denied daily
large-muscle exercise?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident is not denied access
to any legally required educational programming or special
education services?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident receives daily visits
from a medical or mental health care clinician?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the resident also have access to other programs
and work opportunities to the extent possible?
115.378
Interventions and disciplinary sanctions for residents
(c)
When determining what types of sanction, if any, should be yes
imposed, does the disciplinary process consider whether a
resident’s mental disabilities or mental illness contributed to his or
her behavior?
115.378
Interventions and disciplinary sanctions for residents
(d)
If the facility offers therapy, counseling, or other interventions yes
designed to address and correct underlying reasons or motivations
for the abuse, does the facility consider whether to offer the
offending resident participation in such interventions?
If the agency requires participation in such interventions as a yes
condition of access to any rewards-based behavior management
system or other behavior-based incentives, does it always refrain
from requiring such participation as a condition to accessing
general programming or education?
115.378
Interventions and disciplinary sanctions for residents
(e)
Does the agency discipline a resident for sexual contact with staff yes
only upon a finding that the staff member did not consent to such
contact?
115.378
Interventions and disciplinary sanctions for residents
(f)
For the purpose of disciplinary action, does a report of sexual yes
abuse made in good faith based upon a reasonable belief that the
alleged conduct occurred NOT constitute falsely reporting an
incident or lying, even if an investigation does not establish
evidence sufficient to substantiate the allegation?
115.378
Interventions and disciplinary sanctions for residents
(g)
Does the agency always refrain from considering non-coercive yes
sexual activity between residents to be sexual abuse? (N/A if the
agency does not prohibit all sexual activity between residents.)
115.381
Medical and mental health screenings; history of sexual abuse
(a)
If the screening pursuant to § 115.341 indicates that a resident yes
has experienced prior sexual victimization, whether it occurred in
an institutional setting or in the community, do staff ensure that
the resident is offered a follow-up meeting with a medical or
mental health practitioner within 14 days of the intake screening?
115.381
Medical and mental health screenings; history of sexual abuse
(b)
If the screening pursuant to § 115.341 indicates that a resident yes
has previously perpetrated sexual abuse, whether it occurred in
an institutional setting or in the community, do staff ensure that
the resident is offered a follow-up meeting with a mental health
practitioner within 14 days of the intake screening?
115.381
Medical and mental health screenings; history of sexual abuse
(c)
Is any information related to sexual victimization or abusiveness yes
that occurred in an institutional setting strictly limited to medical
and mental health practitioners and other staff as necessary to
inform treatment plans and security management decisions,
including housing, bed, work, education, and program
assignments, or as otherwise required by Federal, State, or local
law?
115.381
Medical and mental health screenings; history of sexual abuse
(d)
Do medical and mental health practitioners obtain informed yes
consent from residents before reporting information about prior
sexual victimization that did not occur in an institutional setting,
unless the resident is under the age of 18?
115.382
Access to emergency medical and mental health services
(a)
Do resident victims of sexual abuse receive timely, unimpeded yes
access to emergency medical treatment and crisis intervention
services, the nature and scope of which are determined by
medical and mental health practitioners according to their
professional judgment?
115.382
Access to emergency medical and mental health services
(b)
If no qualified medical or mental health practitioners are on duty yes
at the time a report of recent sexual abuse is made, do staff first
responders take preliminary steps to protect the victim pursuant
to § 115.362?
Do staff first responders immediately notify the appropriate yes
medical and mental health practitioners?
115.382
Access to emergency medical and mental health services
(c)
Are resident victims of sexual abuse offered timely information yes
about and timely access to emergency contraception and sexually
transmitted infections prophylaxis, in accordance with
professionally accepted standards of care, where medically
appropriate?
115.382
Access to emergency medical and mental health services
(d)
Are treatment services provided to the victim without financial yes
cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident?
115.383 Ongoing medical and mental health care for sexual abuse
(a) victims and abusers
Does the facility offer medical and mental health evaluation and, yes
as appropriate, treatment to all residents who have been
victimized by sexual abuse in any prison, jail, lockup, or juvenile
facility?
115.383 Ongoing medical and mental health care for sexual abuse
(b) victims and abusers
Does the evaluation and treatment of such victims include, as yes
appropriate, follow-up services, treatment plans, and, when
necessary, referrals for continued care following their transfer to,
or placement in, other facilities, or their release from custody?
115.383 Ongoing medical and mental health care for sexual abuse
(c) victims and abusers
Does the facility provide such victims with medical and mental yes
health services consistent with the community level of care?
115.383 Ongoing medical and mental health care for sexual abuse
(d) victims and abusers
Are resident victims of sexually abusive vaginal penetration while yes
incarcerated offered pregnancy tests? (N/A if all-male facility.)
115.383 Ongoing medical and mental health care for sexual abuse
(e) victims and abusers
If pregnancy results from the conduct described in paragraph § yes
115.383(d), do such victims receive timely and comprehensive
information about and timely access to all lawful pregnancy-
related medical services? (N/A if all-male facility.)
115.383 Ongoing medical and mental health care for sexual abuse
(f) victims and abusers
Are resident victims of sexual abuse while incarcerated offered yes
tests for sexually transmitted infections as medically appropriate?
115.383 Ongoing medical and mental health care for sexual abuse
(g) victims and abusers
Are treatment services provided to the victim without financial yes
cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident?
115.383 Ongoing medical and mental health care for sexual abuse
(h) victims and abusers
Does the facility attempt to conduct a mental health evaluation of yes
all known resident-on-resident abusers within 60 days of learning
of such abuse history and offer treatment when deemed
appropriate by mental health practitioners?
115.386
Sexual abuse incident reviews
(a)
Does the facility conduct a sexual abuse incident review at the yes
conclusion of every sexual abuse investigation, including where
the allegation has not been substantiated, unless the allegation
has been determined to be unfounded?
115.386
Sexual abuse incident reviews
(b)
Does such review ordinarily occur within 30 days of the conclusion yes
of the investigation?
115.386
Sexual abuse incident reviews
(c)
Does the review team include upper-level management officials, yes
with input from line supervisors, investigators, and medical or
mental health practitioners?
115.386
Sexual abuse incident reviews
(d)
Does the review team: Consider whether the allegation or yes
investigation indicates a need to change policy or practice to
better prevent, detect, or respond to sexual abuse?
Does the review team: Consider whether the incident or allegation yes
was motivated by race; ethnicity; gender identity; lesbian, gay,
bisexual, transgender, or intersex identification, status, or
perceived status; gang affiliation; or other group dynamics at the
facility?
Does the review team: Examine the area in the facility where the yes
incident allegedly occurred to assess whether physical barriers in
the area may enable abuse?
Does the review team: Assess the adequacy of staffing levels in yes
that area during different shifts?
Does the review team: Assess whether monitoring technology yes
should be deployed or augmented to supplement supervision by
staff?
Does the review team: Prepare a report of its findings, including yes
but not necessarily limited to determinations made pursuant to §§
115.386(d)(1)-(d)(5), and any recommendations for improvement
and submit such report to the facility head and PREA compliance
manager?
115.386
Sexual abuse incident reviews
(e)
Does the facility implement the recommendations for yes
improvement, or document its reasons for not doing so?
115.387
Data collection
(a)
Does the agency collect accurate, uniform data for every yes
allegation of sexual abuse at facilities under its direct control
using a standardized instrument and set of definitions?
115.387
Data collection
(b)
Does the agency aggregate the incident-based sexual abuse data yes
at least annually?
115.387
Data collection
(c)
Does the incident-based data include, at a minimum, the data yes
necessary to answer all questions from the most recent version of
the Survey of Sexual Violence conducted by the Department of
Justice?
115.387
Data collection
(d)
Does the agency maintain, review, and collect data as needed yes
from all available incident-based documents, including reports,
investigation files, and sexual abuse incident reviews?
115.387
Data collection
(e)
Does the agency also obtain incident-based and aggregated data yes
from every private facility with which it contracts for the
confinement of its residents? (N/A if agency does not contract for
the confinement of its residents.)
115.387
Data collection
(f)
Does the agency, upon request, provide all such data from the na
previous calendar year to the Department of Justice no later than
June 30? (N/A if DOJ has not requested agency data.)
115.388
Data review for corrective action
(a)
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Identifying problem areas?
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Taking corrective action on an
ongoing basis?
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Preparing an annual report of
its findings and corrective actions for each facility, as well as the
agency as a whole?
115.388
Data review for corrective action
(b)
Does the agency’s annual report include a comparison of the yes
current year’s data and corrective actions with those from prior
years and provide an assessment of the agency’s progress in
addressing sexual abuse?
115.388
Data review for corrective action
(c)
Is the agency’s annual report approved by the agency head and yes
made readily available to the public through its website or, if it
does not have one, through other means?
115.388
Data review for corrective action
(d)
Does the agency indicate the nature of the material redacted yes
where it redacts specific material from the reports when
publication would present a clear and specific threat to the safety
and security of a facility?
115.389
Data storage, publication, and destruction
(a)
Does the agency ensure that data collected pursuant to § 115.387 yes
are securely retained?
115.389
Data storage, publication, and destruction
(b)
Does the agency make all aggregated sexual abuse data, from yes
facilities under its direct control and private facilities with which it
contracts, readily available to the public at least annually through
its website or, if it does not have one, through other means?
115.389
Data storage, publication, and destruction
(c)
Does the agency remove all personal identifiers before making yes
aggregated sexual abuse data publicly available?
115.389
Data storage, publication, and destruction
(d)
Does the agency maintain sexual abuse data collected pursuant to yes
§ 115.387 for at least 10 years after the date of the initial
collection, unless Federal, State, or local law requires otherwise?
115.401
Frequency and scope of audits
(a)
During the prior three-year audit period, did the agency ensure yes
that each facility operated by the agency, or by a private
organization on behalf of the agency, was audited at least once?
(Note: The response here is purely informational. A "no" response
does not impact overall compliance with this standard.)
115.401
Frequency and scope of audits
(b)
Is this the first year of the current audit cycle? (Note: a “no” no
response does not impact overall compliance with this standard.)
If this is the second year of the current audit cycle, did the agency na
ensure that at least one-third of each facility type operated by the
agency, or by a private organization on behalf of the agency, was
audited during the first year of the current audit cycle? (N/A if this
is not the second year of the current audit cycle.)
If this is the third year of the current audit cycle, did the agency yes
ensure that at least two-thirds of each facility type operated by
the agency, or by a private organization on behalf of the agency,
were audited during the first two years of the current audit cycle?
(N/A if this is not the third year of the current audit cycle.)
115.401
Frequency and scope of audits
(h)
Did the auditor have access to, and the ability to observe, all yes
areas of the audited facility?
115.401
Frequency and scope of audits
(i)
Was the auditor permitted to request and receive copies of any yes
relevant documents (including electronically stored information)?
115.401
Frequency and scope of audits
(m)
Was the auditor permitted to conduct private interviews with yes
inmates, residents, and detainees?
115.401
Frequency and scope of audits
(n)
Were inmates, residents, and detainees permitted to send yes
confidential information or correspondence to the auditor in the
same manner as if they were communicating with legal counsel?
115.403
Audit contents and findings
(f)
The agency has published on its agency website, if it has one, or yes
has otherwise made publicly available, all Final Audit Reports. The
review period is for prior audits completed during the past three
years PRECEDING THIS AUDIT. The pendency of any agency
appeal pursuant to 28 C.F.R. § 115.405 does not excuse
noncompliance with this provision. (N/A if there have been no Final
Audit Reports issued in the past three years, or, in the case of
single facility agencies, there has never been a Final Audit Report
issued.)

report_type: PREA

pdf_url: https://www.djj.state.fl.us/content/download/1158692/file/Florida_Bay Regional Juvenile Detention Center_Year2Cycle4.pdf?version=1

program_name_raw: Bay Regional Juvenile Detention Center

cycle: Year 2 Cycle 4