state: FL

facility_name: Alachua Academy

summary: PREA - Year 2 Cycle 4

raw_content:
PREA Facility Audit Report: Final
Name of Facility: Alachua Regional Juvenile Detention Center
Facility Type: Juvenile
Date Interim Report Submitted: NA
Date Final Report Submitted: 03/17/2024
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:
03/17/
2024
AUDITOR INFORMATION
Auditor name: Turner, Shirley
Email: shirleyturner3199@comcast.net
Start Date of On- 01/31/2024
Site Audit:
End Date of On-Site 02/01/2024
Audit:
FACILITY INFORMATION
Facility name: Alachua Regional Juvenile Detention Center
Facility physical 3440 Northeast 39th Avenue, Gainesville, Florida - 32609
address:
Facility mailing
address:
Primary Contact
Name: Delmonica Harris
Email Address: delmonica.harris@fldjj.gov
Telephone Number: 352-647-3621
Superintendent/Director/Administrator
Name: Delmonica Harris
Email Address: delmonica.harris@fldjj.gov
Telephone Number: 352-647-3621
Facility PREA Compliance Manager
Name: Delmonica Harris
Email Address: delmonica.harris@fldjj.gov
Telephone Number: O: 352-647-3621 M: 352-246-5413
Name: Deontra Smith
Email Address: deontra.smith@fldjj.gov
Telephone Number: O: 352-647-3623
Facility Health Service Administrator On-Site
Name: Karen Komer
Email Address: Karen.komer@fldjj.gov
Telephone Number: 352-647-3637
Facility Characteristics
Designed facility capacity: 45
Current population of facility: 52
Average daily population for the past 12 566
months:
Has the facility been over capacity at any Yes
point in the past 12 months?
Which population(s) does the facility hold? Both females and males
Age range of population: 12-18
Facility security levels/resident custody Secure
levels:
Number of staff currently employed at the 106
facility who may have contact with
residents:
Number of individual contractors who have 0
contact with residents, currently
authorized to enter the facility:
Number of volunteers who have contact 11
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 2024-01-31
audit:
2. End date of the onsite portion of the 2024-02-01
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 Alachua County Victim Services and Rape
organization(s) or victim advocates with Crisis Center - Gainesville, Florida
whom you communicated:
AUDITED FACILITY INFORMATION
14. Designated facility capacity: 45
15. Average daily population for the past 35
12 months:
16. Number of inmate/resident/detainee 3
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/ 52
residents/detainees in the facility as of
the first day of onsite portion of the
audit:
38. Enter the total number of inmates/ 0
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/ 8
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/ 9
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, 106
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 11
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 4
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 16
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 resident files;
RANDOM INMATE/RESIDENT/DETAINEE reviewed population sheet; 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 8
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 0
conducted with inmates/residents/
detainees with a physical 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 reviewed population sheet; observed
the audited facility (e.g., based on population.
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
61. Enter the total number of interviews 4
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:
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 reviewed population sheet; observed
the audited facility (e.g., based on population.
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 reviewed population sheet; observed
the audited facility (e.g., based on population movement and interactions..
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 reviewed population sheet.
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 and reviewed resident
to determine if this population exists in files.
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 reviewed population sheet; reviewed
the audited facility (e.g., based on investigative reports.
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
68. Enter the total number of interviews 4
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 Conferred with/interviewed staff and reviewed
to determine if this population exists in investigative reports; concluded with staff
the audited facility (e.g., based on report that isolation is not used for this
information obtained from the PAQ; purpose.
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 as other
specialized staff. PREA audits are conducted for this 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 this audit period.
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.
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 Reviewed:
Agency Policy (FDJJ Policy 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Organizational Charts
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 mandate zero-tolerance of sexual abuse and sexual
harassment and provide strategies for preventing and addressing sexual abuse and
sexual harassment of residents and ensuring their sexual safety. Additionally, the
policy and procedures outline how the facility carries out its approach to preventing,
detecting and responding to sexual abuse and sexual harassment. The policy and
FOP include definitions of prohibited behaviors and sanctions for those found to
have participated in such behaviors.
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 State-run juvenile detention facility within the Department of
Juvenile Justice (DJJ). The agency or statewide PREA Coordinator is a part of the
agency and answers directly to the Deputy Secretary. A previous interview with the
PREA Coordinator revealed he has 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 as the PREA Compliance Manager. The
interview with the Superintendent/PREA Compliance Manager revealed sufficient
time to manage the facility’s PREA compliance efforts, supported by the agency-
wide PREA Coordinator and other facility and agency staff. The staff and residents
are familiar with the role of the PREA Compliance Manager.
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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Interviews:
Superintendent
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 private providers for the provision of residential services
for juvenile offenders. All contract language requires the facility to adhere to the
PREA Standards and informs that the facility will receive PREA audits. This facility is
a part of the agency and provides detention services for juveniles. The facility does
not contract with other agencies for the confinement of its residents.
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 signed contract for the provision of residential services revealed the
provider’s agreement to comply with all requirements and standards of the Prison
Rape Elimination Act as outlined in agency policy.
Conclusion:
Based upon the review of evidence and the interviews, the Auditor determined
compliance with the standard.
115.313 Supervision and monitoring
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Staffing Plan/Master Schedule
Staffing Plan Assessment
Unannounced Rounds Forms
Memoranda Re: Staffing
Shift Reports
Job Flyer
Interviews:
Superintendent/PREA Compliance Manager
Random Staff
Random Residents
PREA Coordinator
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 a
staffing plan. The Superintendent/Compliance Manager verified the development of
the facility’s staffing plan, the continual assessment and efforts to maintain
adequate staffing levels and explained the use of video monitoring.
Direct supervision is provided to residents during the daily activities and program
services. The number of staff increases as needed due to program activities, closer
supervision indicated, or other relevant factors. Observations during the
comprehensive site review and subsequent walkthroughs revealed the PREA staffing
ratios were being met during the onsite audit phase. The facility maintains a
mandatory hold-over system to address general coverage and staffing shortage
which can affect staff ratios .
The camera system, which supports direct supervision, is located in the control
room and is consistently monitored by the control room operator. The work
schedules are based on the facility’s staffing plan and population. One of the
Captains develops and monitors the work schedules and it is reviewed by the
Superintendent. In addition to program activities and special needs of residents, the
shift schedules are made and holdovers required due to staff shortages to provide
adequate staff coverage in consideration for standard security practices;
composition of the resident population; inclement weather; and emergencies.
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.
Policy and procedures require that staff document deviations from the staffing plan.
The staffing deviations are documented on electronic shift reports. The deviations
are due to staff shortages which also require mandated holdovers. The staffing
deviations generally occur on the overnight shift. The Superintendent confirmed
that that the facility was in the process of recruiting and hiring additional staff in the
areas of direct care, food services, and maintenance. Recruiting efforts for the
agency/facility include: job announcement websites; presentations at local
churches; advertising on bulletin boards at apartment complexes; job fairs; social
media posts; distributing flyers containing QR codes for access to the job site; and
word of mouth.
Due to ongoing efforts to recruit, hire and retain staff which were in place prior to
the onsite audit phase, four-five weeks after the onsite audit phase, the
Superintendent reports and documents that eight new staff members were hired
and personnel is currently processing eight hiring packets for direct care staff. The
new hires are in Phase I training which is electronic; after completion they will be
assigned to the floor for job shadowing. According to agency management staff, an
internal training protocol has been developed with the goals of promoting staff
through the ranks and to preserve experience and knowledge. There are
coordinated efforts among facility, regional and central office staff that are ongoing
and will continue with the goal of maintaining the required staffing ratios and
consistent staff coverage.
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.
Direct care staff members provide direct observation of residents. The
Superintendent/PREA Compliance Manager and regional and central office
management staff support agency/facility efforts in recruiting, hiring and retaining
direct care staff. The Superintendent’s interview confirmed there is no law,
regulation or judicial decree to maintain staffing ratios. Agency policy requires the
staffing ratios of 1:8 staff to resident ratio during waking hours and 1:16 staff to
resident ratio during sleeping hours.
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.
The staffing plan assessment was completed by the agency's statewide PREA
Coordinator on May 11, 2023. He also facilitated the process, in collaboration with
the Superintendent. The document provides for the review of various service areas
including but not limited to: prevailing staffing patterns and review of staffing plan;
electronic monitoring system; and review of other areas related to adequate
supervision. The review considers any adjustments that need to be made by the
construction and implementation of a corrective action plan that would be indicated
through findings or recommendations. The annual assessment documents the
summarization of the review including the staffing, physical plant and the electronic
monitoring system. The Staffing Plan Assessment did not contain any
recommendations for corrective actions. Alachua RJDC utilizes video monitoring
combined with direct staff supervision to protect residents from sexual abuse and
sexual harassment. throughout the facility. 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.
FDJJ Policy 1919 and Alachua RJDC FOP PREA requires intermediate or higher-level
staff to conduct unannounced rounds to deter and identify staff sexual abuse and
sexual harassment. An interview with a higher-level staff member and a review of
unannounced rounds documentation revealed over time unannounced rounds are
conducted on all shifts in all areas of the facility. The rounds are made at various
times. The interview with the intermediate staff and review of documentation and
policy confirmed the unannounced rounds occur. The staff is not informed of when
the rounds will occur and administrative staff will randomly show up at the facility.
The unannounced rounds are conducted throughout the facility to identify and deter
sexual abuse and sexual harassment. Staff members are prohibited from alerting
other staff when the rounds are occurring which is in accordance with policy.
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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
FOP 5.11, Searches
Training Curriculum
Electronic Training Records
Posted Signs
Interviews:
Superintendent
PREA Coordinator
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.
Cross-gender strip, visual body cavity and pat-down searches are prohibited and
searches must be documented. Policies and training provide guidance to staff on
how the searches are to be conducted. There is no evidence of cross-gender
searches of any type occurring at the facility in the last 12 months, also verified by
random staff and resident interviews.
Provision (b):
The agency shall not conduct cross-gender pat-down searches except in exigent
circumstances.
Policy does not support staff conducting cross-gender pat-down searches. All
searches must be documented. Responses from staff included that only male staff
conduct searches unless there is an extreme emergency. Staff receives training on
how to conduct searches, including cross gender searches and searches of
transgender and intersex youth. Staff interviews confirmed awareness of how to
conduct searches. No residents or staff interviewed reported the occurrence of any
cross-gender searches. The evidence shows cross-gender pat-down searches have
not occurred at the facility during the last 12 months. Body cavity searches require
the Superintendent’s authorization and must be conducted by licensed medical
personnel in a medical setting.
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.
Policy prohibits cross-gender strip searches and cross-gender visual body cavity
searches. Cross-gender pat-down searches may be conducted only in exigent
circumstances which random staff interviews summarized as an extreme
emergency. 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. The reason for the search must also be documented. 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.
Residents are able to shower, perform bodily functions, and change clothes without
staff of the opposite gender viewing them, supported by policy and interviews. No
residents interviewed reported ever having been naked in full view of the opposite
gender staff while showering, changing clothes, and performing bodily functions.
During the comprehensive site review, the Superintendent explained how hygiene
practices are conducted and the bathroom procedures. It was observed that
residents have a reasonable amount of privacy during use of the bathroom.
Staff members of the opposite gender announce their presence when entering the
residents’ housing unit as demonstrated during the comprehensive site review.
Signs are also posted reminding opposite gender staff to announce their presence
upon entering the housing unit. The residents and staff stated female staff
announce their presence upon entering the living units. The evidence shows
residents shower, perform bodily functions, and change clothing without non-
medical staff of the opposite gender viewing their buttocks or genitalia. The staff
interviews and observations support that viewing of the camera monitors does not
show residents when they are showering, using the toilet or changing clothes. The
bathroom area does not allow staff to get a view of the resident while performing
bodily functions. Hygiene practices are performed with the expectations of
reasonable privacy for each resident.
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.
FDJJ Policy 1919 and Alachua RJDC FOP PREA prohibit 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.
When the resident’s genital status is unknown, it may be determined as part of a
broader medical examination conducted in private by a medical practitioner. Direct
care staff received 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 search 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.
Staff must 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. Training
participation is documented electronically and in some instances, sign-in sheets
may be used.
Conclusion:
Based on the reviewed documentation and interviews, the facility is compliant with
this standard.
Residents with disabilities and residents who are limited English
115.316
proficient
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
LanguageLine Solutions Blanket Purchase Order
LanguageLine Solutions Quick Reference Guide
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.
The Policy and FOP address the provision of support services for disabled residents
by providing these 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. The policy and FOP prohibit use of 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, performance of first responder duties, or the investigation of the
allegations. Staff interviews confirmed this information. PREA information is
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
agency has an agreement for services as needed, including for the Deaf, from
LanguageLine Solutions. The education staff also provides support services through
accommodating resources, including a certified teacher with the educational
background to modify/adapt information for all residents to understand. Assistance
may also be provided by the treatment staff to ensure all residents’ understanding
of the PREA information. Additionally, the facility has bilingual staff. The interviews
with the intake staff and targeted interviewees, provided that the intake staff may
read the PREA information to youth. LanguageLine Solutions was contacted by the
Auditor to verify services offered.
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. Interpreting
and translation services are accessible to the facility through LanguageLine
Solutions.
The evidence shows residents with disabilities and who may be limited English
proficient are provided 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. All staff interviewed confirmed residents are not used as interpreters
and understand prior arrangements have been made regarding language
interpreters. There are staff who can speak and translate in other languages. 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, including taking steps to provide interpreters who
can interpret effectively, accurately, and impartially, using any necessary
specialized vocabulary.
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 and the interviews confirm that resident interpreters and resident
readers or any kind are not used, except when a delay in obtaining interpreter
services could 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
comprehensive 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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Agency Policy (FDJJ 1818), Background Screening and Hiring Practice
Facility Operating Procedures (FOP) 3.09, PREA
Personnel Records
Interviews:
Administrative (Human Resources) Staff
Superintendent
Provision (a) & (f):
Profession (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 and interview with the Human Resource 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
every five years. Several five-year background checks were missing. The
Superintendent immediately completed and submitted the paperwork and provided
the results of the five-year re-screen prior to the completion of this report.
Personnel information was reviewed during the comprehensive site review and
included: Offender Watch Registry checks; Pre-Hire Interview Questions; New Hire
Application Packet; Applications; results of Diana Screens. The interviews and a
review of policy provide details about the hiring process, completion of background
checks, and the grounds for termination in accordance with the PREA policy.
According to the interviews, staff has a continuing duty to report related misconduct
and omission of sexual misconduct or providing false information will be grounds for
termination. The forms completed and included in the personnel files are in
response to the above provisions of this standard.
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.
According to the Human Resource staff, 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 has a continuing duty to report
and the information is provided in orientation training for new hires. The Employee
Handbook serves as a reference book regarding staff conduct and other pertinent
issues. 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. No applicant will be considered for
employment if a background check reveals any history of inappropriate sexual
behavior or arrest for inappropriate sexual behavior
Provisions (c) & (d):
Provision (c): Before hiring new employees or Provision (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.
The background check process includes consulting a child abuse registry. The
prospective employee or contractor also has to be cleared through a background
check. Best efforts are made to identify information of incidents or allegations of
sexual abuse by a prospective employee. The policy requires background checks to
occur prior to residents receiving services from contractors and volunteers and
confirmed by the Superintendent’s interview. Additionally, best efforts should be
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.
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 provides background checks occur prior to employment and every five years
thereafter. Initial background checks and five-year checks were reviewed however
some files were missing the five-year background check. The Superintendent
immediately completed and submitted the paperwork to the Background Screening
Unit. Evidence of the completed five-year check was provided to the Auditor.
Provision (g):
Material omissions regarding such misconduct, or the provision of materially false
information, shall be grounds for termination.
Policy provides that material omissions regarding such misconduct, or the provision
of materially false information, is grounds for termination. Based on the review of
policy and the interviews, 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.
When a former employee applies for work at another institution, upon the request
from that institution, information will be provided to the human resources staff in
the central office.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with the Standard.
115.318 Upgrades to facilities and technologies
Auditor Overall Determination: Meets Standard
Auditor Discussion
Interview:
Superintendent/PREA Compliance Manager
Provision (a):
If the agency designed or acquired any new facility or planned any substantial
expansion or modification of existing facilities, the agency considers the effect of
the design, acquisition, expansion, or modification upon the agency’s ability to
protect residents from sexual abuse.
Observations and the interview confirmed the facility has not completed major
renovations since the last PREA audit conducted in 2021.
Provision (b):
If the agency installed or updated a video monitoring system, electronic surveillance
system, or other monitoring technology, the agency considered how such
technology may enhance the agency’s ability to protect residents from sexual
abuse.
The camera system supplements direct supervision provided to residents by staff.
The video monitoring system has been updated since the last PREA audit conducted
in 2021. The new system provides enhanced technology and better performance.
One of the main features of the system is the ability to provide a panoramic camera
view. The facility has a total of 77 cameras and they are located inside and outside
of the building. During the site review, the video surveillance system was observed
and all cameras were pointed out by staff. The video monitoring system's working
order was assessed during the annual review of the staffing plan by the statewide
PREA Coordinator.
Conclusion:
Based on the triangulation of the data, the Auditor determined the facility is in
compliance with the standard.
115.321 Evidence protocol and forensic medical examinations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
PREA Compliance Form
Memorandum of Understanding (MOU), Alachua County Victim Services and Rape
Crisis Center
Brochure
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.
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 are investigated by law enforcement. The random staff
members’ interviews confirmed awareness of protocol for obtaining usable physical
evidence and knowledge of the entities responsible for conducting investigations.
The protocol for investigations is appropriate for youth. 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 which is provided
through the OIG. Agency policy provides for the uniform protocols to be followed.
Protocols are outlined and are appropriate for youth and adults. The agency-based
investigators conduct administrative investigations and the Gainesville Police
Department investigate sexual abuse allegations that are criminal in nature. Staff
interviews confirmed an understanding of the facility’s protocol for obtaining usable
physical evidence if a resident alleges sexual abuse and knowledge of the entities
responsible for conducting investigations.
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.
Policy supports that forensic medical examinations will be conducted by SAFEs,
SANES, or other qualified medical practitioners. Continuity of care will be provided
at the facility. Forensic examinations will be provided at no cost to the victim in
accordance with Policy, interviews and printed information. No forensic medical
examinations were conducted during this audit period.
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.
Policy and procedures provide that residents are provided access to outside
confidential support services. The facility has renewed an initial MOU with the
Alachua County Victim Services and Rape Crisis Center however the MOU is
currently under review again. Delays due to COVID-19 and administrative changes
contributed to the delay in the update of signatures. The interview with the
advocacy agency representative state that the lack of a current written agreement
does not interfere with the services available to the residents. The update of the
agreement is a formality due to the requirement of the PREA standard. As the MOU
states and the interview with the agency representative confirms, the accessible
services are accompaniment; 24/7 hotline services; counselling; follow- up support;
and referral services. Signs containing the Alachua County Victim Services and Rape
Crisis Center hotline number and basic informational brochures about the services
have been placed in the facility. Information is posted at varying eye levels in an
easily read format. The staff interviews confirmed the resident and/or facility staff
members may utilize the victim services hotline to request a victim advocate.
Provisions (f) & (g):
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.
Florida DJJ OIG investigators will conduct administrative investigations in accordance
with agency policy. Investigations of allegations of sexual abuse or sexual
harassment that are criminal in nature are conducted by law enforcement in
accordance with policy. Policy and procedures require staff to report allegations of
sexual abuse to the Gainesville Police Department for criminal investigations and to
the Florida Central Abuse Hotline and DJJ’s Central Communication Center (CCC).
When a Gainesville Police Department investigator arrives at the facility to conduct
an investigation, facility staff may provide the PREA Compliance Form provided by
the OIG.
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.
The facility has made arrangements for victim advocacy services with the Alachua
County Victim Services and Rape Crisis Center, confirmed through the interviews
and policy direction. The advocacy agency representative confirmed the availability
of services for youth.
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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Investigative Reports
Interviews:
Random Staff
Superintendent
PREA Coordinator
Provision (a):
The agency shall ensure that an administrative or criminal investigation is
completed for all allegations of sexual abuse and sexual harassment.
Policy provides that staff report all allegations of sexual abuse and sexual
harassment and to document reports; staff members are aware of the requirements.
The facility reports one allegation of youth-on-youth sexual abuse, one allegation of
staff-on-youth sexual abuse, and no allegations of sexual harassment. Sexual abuse
and sexual harassment allegations are referred to the Department of Juvenile
Justice/Office of Inspector General, Florida Department of Children and Families, and
law enforcement, if criminal in nature. The allegations received administrative
investigations and the case involving staff was deemed Unfounded; the case
involving only youth was closed as Information Only. The proper authorities and
other individuals were notified in accordance with policy. Staff members are aware
of the policy requirements as verified through their interviews. The agency policy
ensures the cooperation between the facility staff and law enforcement.
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 and reporting information are located on the agency's 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 DJJ/OIG trained investigators. Allegations that are criminal in
nature are referred to law enforcement. Reporting information is also posted in
various areas of the facility including but not limited to living units. The posted
information is accessible to residents, staff, contractors and visitors. Policy and
interviews confirmed allegations of sexual abuse and sexual harassment are
investigated.
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 DJJ/OIG has policies governing investigations. The facility utilizes trained
investigators. A previous interview with investigative staff and documentation
reviewed confirm that administrative investigations are conducted by a trained
investigator and allegations that are criminal in nature are investigated by law
enforcement that works cooperatively with DCF.
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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Training Curricula
Training Records
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.
Policies address PREA related training for staff which is provided initially upon
employment and annually. Interviewed staff members were generally familiar with
the PREA information; refresher training occurs annually. PREA training is provided
to staff, as indicated by a review of policy, training documents and interviews. The
facility reports all staff members that may have contact with residents have been
trained or re-trained regarding the PREA Standards and requirement. 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 they are familiar with their responsibilities
regarding PREA which includes information provided in the general topics provided
in this standard provision. The random staff interviewed and the Superintendent/
PREA Compliance Manager reported the training is provided as required and as
indicated by the training records.
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 staff training does consider the needs of
the population served as indicated by the interviews. Policies and interviews support
training being tailored to the needs and attributes of the population served. All staff
within the facility are provided PREA training.
Provision (d):
The agency shall document, through employee signature or electronic verification
that employees understand the training they have received.
Policy and procedures provide all training be documented. Staff members sign
training rosters and electronic training records are maintained. A checklist is utilized
for orientation training for all new employees. The training records, curricula, staff
interviews, and policy document that staff training occurs as provided by policy.
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.
115.332 Volunteer and contractor training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
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)
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.
Volunteers and contractors who have contact with residents must be trained on
PREA and their responsibilities regarding sexual assault prevention, detection, and
response to allegations of sexual abuse and sexual harassment. A review of
documents and interviews confirm that training occurs.
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.
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 Acknowledgement Statement and interviews document the receipt and
understanding of the PREA information. The interviews indicated the contractors
and volunteers understand the training received.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with the provisions of this standard.
115.333 Resident education
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Brochure
Acknowledgement Statements
PREA Education Sign-in Sheets
Multilingual Posters
Refresher PREA Education Sign-in Sheets
Interviews:
Residents
Intake Staff
Provisions (a) & (b):
Provision (a): During the intake process, residents 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 admitted receive information about the facility, including PREA
education, in accordance with policy. Residents receive directions on how to report
allegations of sexual abuse and sexual harassment and the right to be free from
retaliation for reporting. According to the Intake staff who provides PREA education
to residents and the residents interviewed, an orientation is provided to residents
during the intake process. Policy provides that residents receive a comprehensive
age-appropriate PREA education session within 10 days of admission to the facility.
The results of the staff and resident interviews and documentation indicate
residents receive PREA information beyond the intake process.
The intake staff’s interview revealed that 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.
The interviews with the residents revealed a lack of consistent information
regarding the specific services provided by the advocacy agency. The residents
were in need of a review of the specific services provided by the advocacy agency.
An implemented corrective action included the refresher education and enhancing
the PREA education session to include specifically identified services provided by
the advocacy agency. The implemented corrective action included the refresher
education and enhancing the PREA education session to include specifically
identified services provided by the advocacy agency. PREA Education Refresher
Sign-in sheets were provided to the Auditor confirming the education refresher
emphasizing advocacy services as confirmed by the Superintendent verbally and
containing her verification signature. The advocacy agency representative discussed
plans to provide copies of an enhanced brochure to the facility during the interview
to verify victim advocacy services.
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
all youth admitted to the facility during the past 12 months participated in PREA
education sessions. Fifty-two residents were in the facility and all had been involved
in PREA education sessions. Acknowledgement statements, observed posted
information, brochures, and the interviews indicate that general PREA education is
provided to residents.
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. The education unit is a
resource for accessibility and accommodations. The education staff provide support
services and resources through certified teachers with the educational background
and access to resources to modify/adapt information for residents to understand.
Assistance may also be provided by the treatment staff and bilingual staff to ensure
all residents’ understanding of the PREA information.
Policies address the provision of support services for limited English proficient and
disabled residents by the requirement of providing residents 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. PREA information is available
in English, French Creole, and Spanish and the facility has bilingual staff that may
assist if needed. Reporting information is posted within the facility, accessible to
residents, staff and visitors. The staff revealed a practice of residents not used as
translators or readers for other residents. The facility has knowledge of the youth’s
arrival to the facility prior to the admission date. This time period provides for the
identified staff to make plans to accommodate the special needs of incoming youth.
The special arrangements are coordinated by treatment team staff in collaboration
with the Superintendent and Captains.
Residents are asked about feelings of safety during informal encounters with staff
and during formal meetings. PREA information is included in the resident handbook
and the information is posted. The PREA brochure and handbook are accessible in
languages other than English, as needed. The agency also has arrangements for
interpreting and translation services with LanguageLine Solutions; the accessible
services were verified by the Auditor through a telephone call. The intake staff may
also read to youth as needed, according to their interview and the interviews of
targeted interviewees.
Provision (e):
The agency shall maintain documentation of resident participation in these
education sessions.
Signed acknowledgement statements, sign-in sheets, and interviews document
residents’ involvement in PREA education sessions. The interviews with the
residents and Director of Case Management confirm PREA education sessions occur.
The residents were aware of how to report allegations of sexual abuse and sexual
harassment and that they would not be punished for reporting such. The residents
are aware of their PREA related rights and are generally aware of the availability of
advocacy services if they are sexually abused. A sample of signed
acknowledgement statements were reviewed which supported the residents’
involvement in PREA education sessions. The intake staff was interviewed and the
education materials were reviewed as well as the process of the resident signing the
acknowledgement statement.
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 interviews with the residents and observations confirmed PREA information is
continuously and readily available and visible to residents during their stay in the
facility. The PREA education materials provide residents information on how to
report allegations of sexual harassment and sexual abuse. PREA information is
posted and provided to residents to assist in eliminating incidents of sexual abuse
and sexual harassment. The printed materials provide information on sexual abuse
and sexual harassment; steps victims may take; definitions of related terms; safety
tips; and reporting information. Each resident has access to a handbook which also
contains PREA and reporting information. The brochure is provided to each resident
also to eliminate incidents of sexual abuse and sexual harassment. The brochure
provides educational information regarding sexual abuse and victims. PREA
information is posted at varying eye levels in easily read formats and the message
of the posted and other printed information is consistent.
The residents collectively revealed 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 form. Staff present the PREA
information in a manner that is accessible to all residents and are always prepared
to read the PREA information aloud as verified by targeted interviews. If needed, the
facility has internal and external resources to provide translation services through
staff or LanguageLine Solutions for residents who may be limited English proficient
or for hearing impairment or Deaf services and for residents with other disabilities.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with the standard.
115.334 Specialized training: Investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
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.
General PREA training is required in addition to the specialized training regarding
conducting administrative investigations. Allegations that are criminal in nature are
referred for investigation by law enforcement. The previously conducted interview
with investigative staff and review of documents confirmed administrative
investigations are conducted by trained investigators within the Office of the
Inspector General (OIG) of the contract agency, Florida Department of Juvenile
Justice (DJJ). The specialized training includes but is not limited to interviewing
techniques; proper use of Garrity and Miranda warnings/specifically Garrity;
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
Gainesville Police Department. The policy and FOP provide for the investigators to
be trained.
Provision (c):
The agency shall maintain documentation that agency investigators have
completed the required specialized training in conducting sexual abuse
investigations.
Documentation of training logs of the investigators are maintained by the DJJ as well
as the training curriculum. Allegations that are criminal in nature are referred to
local law enforcement, in accordance with policy.
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 State agencies, DJJ and Department of Children and Families provide training to
its investigators who will conduct investigations at the facility which was confirmed
by interviews. The other State agencies are responsible for training their
investigators who conduct sexual abuse allegations that are criminal in nature. The
Department of Justice and facility staff do not conduct administrative or criminal
investigations into allegations of sexual abuse and sexual harassment in the facility.
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 Reviewed:
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 Florida Department of Juvenile Justice (DJJ) requires medical and mental health
staff members to receive the regular PREA training as well as the specialized
training provided through the agency. Electronic training records document PREA
training. Specialized medical and mental health training is provided through SkillPro,
DJJ’s online E- Learning system. Documentation of training was reviewed for 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 or at the
facility as verified during the medical staff interview.
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 the interviews with medical and mental health staff
confirmed receipt of the PREA 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 receive the specialized and other PREA-related
training.
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 Reviewed:
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)
Forms
Interviews:
Superintendent/PREA Compliance Manager
Staff Responsible for Risk Screening
PREA Coordinator
Residents
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.
Facility staff must complete the VSAB form if youth arrive from the Juvenile
Assessment Center (JAC) without a completed form or is returning from a residential
program. JAC staff and facility intake 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 lesbian, gay,
bi- sexual, transgender or intersex; if they think they are in danger of sexual abuse
at the facility; if they've ever been sexually abused; and if they have any
disabilities. Some residents recalled being asked the same questions by staff at a
later time as well.
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. According to the staff responsible for the risk screening, the
youth is asked questions and explanations or clarity of a question is provided as
needed. The youth is interviewed to obtain information about his personal history
and behavior and probing for information is also done as needed. The interviews
revealed the practice of the risk screening being conducted in accordance with the
agency policy.
The VSAB screening instrument confirms 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;
• Mental illness or mental disabilities
• Information regarding relationships with other youth
• Confirmation of size and stature
• Confirmation of Age
Reassessments are conducted within 14, 30 and 60-day increments as indicated. 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 is 401. The risk
assessment instrument, VSAB, is generally administered during the first day of
admission.
Provision (b):
Such assessments shall be conducted using an objective screening instrument.
An objective screening instrument is used to obtain the information required by
policy and the standard, including but not limited to prior sexual victimization or
abusiveness; self-identification; current charges and offense history; disabilities; and
a resident’s concern regarding his/her own safety. The instrument, VSAB, is
tabulated based on the information received where identified responses can identify
any special needs and safety concerns. The measure of risk is conducted through
the administration of the objective screening instrument containing items that
collectively provide a presumptive determination of risk for victimization or
abusiveness. The responses on the instrument accumulate a score and the risk level
is determined by definition and the corresponding number to that definition.
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
screening staff confirmed awareness of the elements of the risk screening
instrument. The resident interviews also confirmed the administration of the
screening instrument.
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.
The interview with the risk screening instrument revealed that the information to
complete the risk screening instrument is gleaned from various sources. Information
in determining the risk for victimization or abusiveness is obtained through
interviewing the residents. Additional information to complete the screening
instrument includes but not limited to review of court records, case files and records
from other agencies and interviews with parents/guardians. The facility is aware of
the youth’s pending arrival and treatment staff has the opportunity to review the
residents electronic record in an effort to prepare for their needs prior to arrival.
Additional assessments are completed after the youth is admitted to the facility to
obtain supportive information for treatment planning and keeping the youth safe.
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.
Appropriate controls are taken to ensure that sensitive information is protected and
not exploited by maintaining the files securely. The online information is password
protected with limited staff access. The online information is only accessible to
identified staff. The treatment staff has access to the risk screening instrument.
Policy and FOP provide for appropriate controls to be taken to ensure that sensitive
information is protected and not exploited. The Auditor observed the files to be
maintained in a secure manner in locked cabinets in a lockable office.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is fully compliant with this standard.
115.342 Placement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
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)
Forms
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.
Policy and procedures require victimization screening information to be used to
determine a resident’s room and dorm assignment to ensure a resident’s safety. The
facility also utilizes the Classification Alerts to ensure that direct-care staff are
advised if the resident is identified as being at-risk for victimization or posing a risk.
This information was verified through a review of samples of the completed
screening instrument and interviews. 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.
Agency policy provides that any use of segregated housing to protect a resident
who is alleged to have suffered sexual abuse shall comply with § 115.342. 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
services. At risk residents may only be placed in isolation in an emergency situation,
and only as a last resort if less restrictive measures are inadequate to keep the
resident safe.
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. 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 will 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 precludes lesbian, gay, bi-sexual, transgender and intersex
residents from being placed in a particular module 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 their safety will be given serious
consideration. During the comprehensive site review, there were no rooms observed
to be reserved for transgender or intersex residents. A staff interview and
observations revealed 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.
Policy and procedures provide that 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. There were no transgender or intersex residents in the facility
during the comprehensive site review. The facility considers 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.
The facility is aware of the youth’s pending arrival and treatment staff has the
opportunity to review the residents electronic record in an effort to prepare for his
needs prior to arrival. Additional assessments are completed after the youth is
admitted to the facility to obtain supportive information for treatment planning and
keeping the youth safe. 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
and the Intake staff is aware of the requirement. The risk screener confirmed each
transgender or intersex resident will be reassessed at least twice each year to
review any threats to safety experienced by the resident.
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 their own safety is taken into account through the
administration of the risk screening assessment and this applies to every resident.
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 the 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 youth. The policy also states isolation or room restriction may be used as
a last resort when less restrictive measures are inadequate to ensure youths safety
and only until an alternative means of keeping all youth safe can be arranged.
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
will 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 states 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.
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.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is fully compliant with this standard regarding use of
screening information.
115.351 Resident reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
PREA Form
Medical Request Form
Brochure
Incident Reports
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.
Policy 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 PREA Reporting form and placing it in a secure drop box.
Random resident interviews confirmed their knowledge of this procedure. The
facility provides for multiple internal ways a resident may report allegations of
sexual abuse and sexual harassment, including how he/she can privately report
sexual abuse and sexual harassment; retaliation for reporting; and staff neglect or
violations of responsibilities that may have contributed to such.
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 interviews, posters, staff, and phone instructions. Direct care staff
interviews revealed residents may use a telephone, located on each unit, to
privately report sexual abuse and sexual harassment. The Florida abuse reporting
hotline number was tested by the Auditor; after awhile recorded information was
provided informing the caller of different languages available for reporting. The
telephones were in working order.
The residents identified internal ways a resident may report such as completing a
PREA/Grievance form; talking to a trusted staff member; completing a Medical
Request Form; or telling an outside person they have contact with and that does not
work at the facility. There are designated locked boxes and forms on the living units
for depositing the written PREA/Grievance and other forms. If a resident uses a
grievance form to report allegations of sexual abuse or sexual harassment, he/she
just needs to place his/her name on the form, check the appropriate space and
place the form in the locked box.
The resident receives a brochure and handbook which provide PREA related
information, including how to report allegations of sexual abuse. Posters are located
in the living units and other areas 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, shift
briefings, 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.
The agency requires 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 which is available to the residents 24/
7. Residents may request to use a telephone with some degree of privacy to call the
hotline without any staff impediment. Agency policy and practice require staff not to
question residents about the reason for the call. The resident may remain
anonymous upon request. Random residents interviewed were aware of the abuse
hotline and were able to articulate how they may gain access.
Signs are posted explaining how to access help agencies, including 911 for
emergencies. The resident is also instructed on the signage to dial 911 for
emergencies. Random care staff reported they may use the emergency hotline
number to report allegations of abuse. The facility does not detain residents solely
for civil immigration purposes as confirmed through written communication
between the statewide PREA Coordinator and legal counsel with the agency.
Provision (c):
Staff shall accept reports made verbally, in writing, anonymously, and from third
parties and shall promptly document any verbal reports.
The random staff interviews confirmed the methods available to residents for
reporting to allegations of sexual abuse and sexual harassment. Staff members are
required to accept third-party reports and to document verbal reports. All random
staff interviewed revealed they are familiar with the provisions of the standard. The
staff interviews demonstrated their familiarity with the various ways they may
report either in person, in writing, by telephone, completing a help request form, or
through a third-party. The residents were aware third-party reports could be made
and that reports may be made anonymously. Staff members interviewed were
aware of their duty to receive and document all types of reports.
Provision (d):
The facility shall provide residents with access to tools necessary to make a written
report.
Writing materials are readily available for residents to complete the accessible
forms in the living unit and/or school. During the site review, the Auditor observed
the accessibility of writing utensils to the residents. Signs are posted throughout the
facility and the language is easy to read and the message is consistent.
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.
The interviews collectively identified ways a report may be made privately such as
use of the telephone and hotline number and speak with the supervisor directly.
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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
When a grievance form is received that contains an allegation of sexual abuse or
sexual harassment, the policy and procedures for reporting allegations of sexual
abuse or sexual harassment are initiated 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 or sexual harassment. The content of the
grievance is reported and an investigation will be conducted by the Department of
Juvenile Justice/Office of Inspector General, 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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Memorandum of Understanding (MOU), Alachua County Victim Services and Rape
Crisis Center
Brochure
Posted Information
PREA Education Session Sign-in Sheets
Refresher Education Session Sign-in Sheets
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.
Policy and procedures provide that residents are provided access to outside
confidential support services. The facility has renewed an initial MOU with the
Alachua County Victim Services and Rape Crisis Center however the MOU is
currently under review again. Delays due to COVID-19 and administrative changes
contributed to the delay in the update of signatures. The interview with the
advocacy agency representative state that the lack of a current written agreement
does not interfere with the services available to the residents. The update of the
agreement is a formality due to the requirement of the PREA standard. As the MOU
states and the interview with the agency representative confirm the accessible
services are accompaniment; 24/7 hotline services, including a certified victim
advocate; counselling; follow- up support; and referral for treatment after release or
transfer to another facility. Signs containing the Alachua County Victim Services and
Rape Crisis Center hotline number and basic information about the service were
observed throughout the facility at varying eye levels and in an easily readable
format.
Contact information for advocacy services is accessible to residents by brochures
and is also provided through signs and posters in various parts of the facility
including each living unit. Interviews revealed that residents required a refresher
regarding victim advocacy services. The residents were in need of a review of the
services provided by the advocacy agency. The implemented corrective action
included the refresher education and enhancing the PREA education session to
include specifically identified services provided by the advocacy agency. The
interview with the advocacy agent confirmed the services to be provided when
needed include accompaniment, counseling, referral, and education services. The
advocacy agency is prepared to provide immediate crisis support whether or not a
MOU exists. However, the MOU is currently under review for renewal and updated
signatures.
The contact information for services from the help agencies was posted, including
for national help agencies. The telephone numbers was tested and deemed in
working order with responses to the residents. Contact information is provided for
immigration services in English and Spanish. Residents are not held 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 and procedures address confidentiality relative to advocacy support services.
The current MOU which is under review, as well as the past ones, provide for
confidentiality of information provided by the resident and for the resident to remain
anonymous upon request. The resident receives information regarding the
limitations of confidentiality during the intake process. Confidentiality of information
is reviewed with residents during the intake process.
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 facility has renewed an initial MOU with the Alachua County Victim Services and
Rape Crisis Center however the MOU is currently under review again. Delays due to
COVID-19 contributed to the delay in the update of signatures. The interview with
the advocacy agency representative state that the lack of a current MOU does not
interfere with the services available to the residents. The update of the agreement
is a formality due to the on their own or through requests by staff, Department of
Children and Families, or law enforcement. The Superintendent confirmed the
availability and accessibility of outside confidential support services to residents.
The advocacy agency representative provided that an advocate will go to the facility
or the hospital upon request. The MOU is currently going through the review process
with the advocacy agency's parent agency; resources continue to be available 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 confirmed residents have access to attorneys and court workers and
reasonable access to their parents/legal guardians. The comprehensive site review
revealed areas where residents may 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 calls. The Superintendent confirmed the facility provides residents with
reasonable and confidential access to their attorneys or court representatives and
reasonable access to parents or legal guardians. Information regarding
communication is also included in the resident handbook.
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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Agency Website
Multilingual Posters
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 indicated the
information will be accepted and reported per policy. 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, complete
a report, and tell supervisors/administrators. The agency website contains the
information needed for third-parties to report allegations of sexual abuse and sexual
harassment and reporting information is posted in the facility accessible to the
public.
Reporting information is also contained in the resident handbook. All residents
interviewed indicated knowing someone who did not work at the facility they have
contact with and may report sexual abuse to if needed. 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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Florida Statutes, Chapter 39, Section 201, Mandatory reporting of child abuse, et al.
Multilingual Posters
Interviews:
Random Staff
Medical Staff
Mental Health Staff
Superintendent/PREA Compliance Manager
Provisions (a) and (b):
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.
All staff members are required to report any allegation of sexual abuse or sexual
harassment to the Department of Juvenile Justice (DJJ), Central Communications
Center (CCC), and law enforcement. Policy states 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. There were no targeted interviewees
present in the facility.
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 addresses confidentiality of information and the conditions for providing
information. Policy and procedures collectively indicate that after allegations have
been appropriately reported, staff will keep the information confidential regarding
what was reported except when necessary regarding aid in the investigation and
treatment and management decisions. Staff is expected to continue to abide by the
confidentiality requirements of the facility as required by agency policy and training.
Interviews with staff indicated their knowledge of the prohibition of revealing any
information related to a sexual abuse report to anyone other than as required.
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 clinical 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 further revealed they are mandated reporters.
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 CCC, Department of Children and Families (DCF), and
law enforcement. The interview with the Superintendent confirmed if the resident is
under the custody of a child welfare agency, the Case Worker will be notified. This
information was also verified through policy review and the interview.
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 and interviews provide for all allegations to be reported to the appropriate
investigative entity: Office of the Inspector General (OIG) through the CCC, DCF, and
law enforcement. Administrative investigations are conducted by a DJJ/OIG
investigator. Allegations that are criminal in nature are investigated by DCF in
addition to or in cooperation with law enforcement. Third-party and anonymous
reports received must be reported to the appropriate investigative entity and
documented by staff as confirmed through interviews.
Conclusion:
Based on a review of documentation and interviews, the facility is compliant with
this standard.
115.362 Agency protection duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Vulnerability Risk Assessments
Interviews:
Superintendent/PREA Compliance Manager
Random Staff
Random Residents
§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 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 youth, closer
supervision, and contacting supervisors/management staff .
The Superintendent and random staff indicated the expectation is that any action to
protect a resident would be taken immediately. Additionally, a previous interview
with the agency head designee also revealed that protective measures are expected
to be implemented by staff immediately. During the intake process, residents are
asked about how they feel about their own safety as part of the inquiries by staff
completing the primary risk assessment. No resident was identified to be at
substantial risk of imminent sexual abuse in the past 12 months.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.363 Reporting to other confinement facilities
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interview:
Superintendent
Provisions (a) - (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.
After receiving an allegation that a resident was sexually abused while confined at
another facility, the Superintendent will notify the head of the facility where the
alleged abuse occurred. The notification will be made as soon as possible and within
72 hours in accordance with policy. The Superintendent is also required to make a
report to the Central Communications Center. The policy and interview support that
allegations of sexual abuse or sexual harassment from a resident regarding his/her
stay in another facility will be reported and investigated as required. In the past 12
months, there were no allegations of sexual abuse occurring at another facility
received by this facility.
Conclusion:
Based upon the information received and interviews, the Auditor determined the
facility is compliant with this standard.
115.364 Staff first responder duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Coordinated Response Plan
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.
Policy and procedures provide that upon learning of an allegation that a resident
was sexually abused, the first security-level staff member to respond to the report
shall be required to:
a. Separate the alleged victim and abuser;
b. Preserve and protect any crime scene until appropriate steps can be taken to
collect any evidence;
c. 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.
The interviews with staff confirmed awareness of first responder duties and the
training provided. The allegations of sexual abuse did not require the emergency
responses as intended in the Coordinated Response Plan.
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.
Random staff formal and informal interviews revealed knowledge of actions to be
taken upon learning a resident alleges being sexually abused.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
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 Reviewed:
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, mental health, and facility leadership. 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 was familiar with the roles regarding the response to
an allegation of sexual abuse. Forensic medical examinations will be provided free
of charge to the victim by a qualified medical practitioner. The victim will be
provided unimpeded access to crisis intervention and medical services. The
allegations of sexual abuse during this audit period did not require emergency
medical or mental health intervention.
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 Reviewed:
Master Contract-The State of Florida Public Employees, Council 79, 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 outcomes of
investigations or determinations of whether and to what extent discipline is
warranted. Nothing in this Standard restricts or prohibit entering into agreements.
Conclusion:
Based on the information and documentation provided, the Auditor determined the
facility is compliant with this Standard.
115.367 Agency protection against retaliation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
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 is responsible for
conducting and ensuring retaliation monitoring occurs. It is recommended that the
agency's dedicated form be used to record retaliation monitoring. The retaliation
monitor is familiar with the role of retaliation monitor. The policy requires the
monitoring to take place for a period of 90 days or longer, as needed. The retaliation
monitor revealed multiple measures available for relief to victims, abusers and staff
such as housing changes, transfers, reassign staff, etc. The retaliation monitor may
examine point cards; observe interactions; review incident reports; and review
written complaints in an effort to determine if retaliation is occurring. There were no
incidents of retaliation occurring 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.
The 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 will protect residents and staff from retaliation.
Additional protective measures will include but not be limited to housing changes,
transfers, removing alleged abusers, and emotional support services.
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.
Policy provides that the monitoring will occur for at least 90 days to see if there are
any changes that may suggest possible retaliation is occurring. According to the
retaliation monitor, the monitoring period will last longer if needed. The interview
and policy collectively identify items that are monitored to assess retaliation include
but are not limited to review of point cards; observed interactions among residents
and residents, staff and residents, and staff and staff; observed conversations;
program and housing changes; shift re-assignments; disciplinary reports; and review
of incident reports. The retaliation monitor will act promptly to remedy any such
retaliation, according to Policy and as inferred from the interview. 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.
The policy provides that periodic status checks will occur.
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, Alachua RJDC/
retaliation monitor will 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.
The facility’s obligation to monitor terminates if it is determined that the allegation
was unfounded.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard regarding agency protection
against retaliation.
115.368 Post-allegation protective custody
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
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.
Policy and procedures require 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. During the isolation period, the resident must have access to daily large
muscle activities and 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. Isolation or segregated housing has not been
used to protect a resident who alleged sexual abuse during this audit period. The
clinical staff confirmed in such case, the resident would be visited at least daily by
each discipline.
Conclusion:
Based upon the review and analysis of policy, interviews and observations, the
Auditor has determined the facility is compliant with this standard.
115.371 Criminal and administrative agency investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
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
Department of Juvenile Justice (DJJ), Office of Inspector General (OIG). Based on
policy and other documentation and interviews, trained investigators conduct
administrative investigations as prescribed by policy. Allegations that are criminal in
nature are referred to local law enforcement and the Florida Department of Children
and Families (DCF); all allegations are reported through the Central Communications
Center. Investigations are conducted thoroughly and objectively and the agencies’
policy provides for the training of investigators.
Random staff interviews revealed they are aware that allegations of sexual abuse
and sexual harassment may be made anonymously and by a third-party; they will
be reported and investigated. There were a total of two administrative
investigations completed by DJJ during this audit period alleging youth-on-youth
sexual abuse and staff-on-youth sexual abuse. The youth-on-youth case was closed
as Information Only and the staff-on-youth case was determined to be Unfounded.
The allegations were also reported to DCF and law enforcement however no actions
were taken by these two agencies.
Provision (b) and (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.
A previous interview was conducted with investigative staff. 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 policy confirm that an investigation is not terminated if the
source recants an allegation of sexual abuse or sexual harassment.
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 DJJ agency Investigators do not conduct compelled interviews.
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 investigative staff, training, and in
accordance with policy. According to the previous interview with 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 the investigation of the allegation.
Provisions (g) and (h):
Provision (g): Administrative investigations:
(1) Shall include an effort to determine whether staff actions or failures to act
contributed to the abuse.
(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.
Administrative 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 interview with the investigative staff. The
report also contains information regarding the initial call or allegation; list of
interviews; list of exhibits; logbook information; critique of any video; and a host of
other information.
Provision (i):
Substantiated allegations of conduct that appears to be criminal shall be referred for
prosecution.
The DJJ agency investigators do not conduct criminal investigations. It is the
responsibility of law enforcement personnel to refer cases for prosecution. During
this audit period there were no substantiated allegations of sexual abuse
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.
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, as confirmed by the
previous interview with investigative staff.
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, PREA Compliance Form, and subsequent
interactions. The PREA Compliance Form is provided through the DJJ, OIG.
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 or sexual harassment. The Gainesville Police Department and DCF
handle criminal investigations. The DJJ/OIG reviews allegations to identify any
misconduct by staff related to agency policy. The agency retains all written reports
of investigations pertaining to administrative and the statewide PREA Coordinator
and facility administrators remain abreast of criminal investigations through the
assigned investigators..
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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Interview:
Previous Interview with Investigative Staff
§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.
The agency imposes no standard higher than a preponderance of the evidence in
determining whether allegations of sexual abuse or sexual harassment are
substantiated as supported by policy and the previous interview with investigative
staff.
Conclusion:
Based upon the review and analysis of the available evidence and the interview, the
Auditor determined the facility is compliant with this standard.
115.373 Reporting to residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Incident Review Team Meeting Minutes
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 will be documented and provided to the resident. The interview
revealed awareness of the requirement confirmed the practice. Additionally, the
notification to the resident is documented in the incident review team meeting
minutes. There has been no criminal investigation completed during the past 12
months.
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 and PREA Coordinator remain abreast of an investigations
conducted by law enforcement, Department of Children and Families or Department
of Juvenile Justice. The findings of investigations are documented. The results of an
investigation will be provided to the resident by the facility staff or the PREA
Coordinator.
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
the facility; 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 during this audit period and
the administrative investigation determined the case to be 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.
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.
The allegation of youth-on-youth sexual abuse received an administration
investigation and was closed as Information Only.
Provision (e):
All such notifications or attempted notifications shall be documented.
The statewide PREA Coordinator or facility staff will document the notification of the
outcome of the investigation. When an incident review team meeting is held, the
notification is also noted in the meeting minutes.
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 Reviewed:
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.
Policy, procedures and the interview support that staff be subject to disciplinary
sanctions up to and including termination for violating facility sexual abuse and
sexual harassment policies.
Provision (b):
FDJJ Policy 1919 PREA and Alachua RJDC FOP PREA require staff disciplinary
sanctions up to and including termination for violating facility’s sexual abuse or
harassment policies. The policies also mandate the violation be reported to law
enforcement and states termination shall be the presumptive disciplinary sanction
for staff who engaged in sexual abuse.
The interview with the Superintendent confirmed the agency policy will be followed.
No employees were terminated or disciplined in the past 12 months for violation of
the facility’s sexual abuse and sexual harassment policy. Termination shall be the
presumptive disciplinary sanction for staff who have engaged in sexual abuse.
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.
Disciplinary sanctions for violations of policies relating to sexual abuse or sexual
harassment (other than engaging in sexual abuse) will be commensurate with the
act committed, the staff member’s disciplinary history, and the similar history of
other staff. During this audit period, no employees were terminated or disciplined
for violation of the facility’s sexual abuse and sexual harassment policy.
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. Notification to a licensing body will occur where indicated.
Conclusion:
Based upon the review of documentation and interview, the Auditor determined the
facility is compliant with this standard.
115.377 Corrective action for contractors and volunteers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Employee Handbook
Interviews:
Superintendent
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.
Policy and procedures require any contractor or volunteer who engages in sexual
abuse be prohibited from contact with residents. Contractors and volunteers who
engage in sexual abuse will 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.
Through training, 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. Volunteers and contractors are aware 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 Superintendent will take appropriate remedial measures and will prohibit further
contact with residents in the case of any violation of the sexual abuse and sexual
harassment policy by a contractor or volunteer. According to the Superintendent the
incident will be reported per policy and services by the contractor or volunteer will
not be provided while the investigation is ongoing.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined the facility is compliant with this standard.
115.378 Interventions and disciplinary sanctions for residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Resident Handbook
Multilingual PREA posters
Interviews:
Superintendent/PREA Compliance Manager
Medical Staff
Mental Health 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, procedures and the Resident Handbook provide for an administrative process
for dealing with violations of rules. The Superintendent’s interview confirmed a
formal disciplinary process exists however residents may also be transferred to
another juvenile detention center awaiting completion of an investigation and/or
court. Sexual activity between residents is prohibited and court and/or
administrative processes and sanctions occur after determining the sexual activity
was coerced. Residents will be disciplined for sexual contact with staff only when it
has been determined the staff member did not consent to the sexual contact.
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 will 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 extreme
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 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.
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.
Disciplinary and other processes consider whether a resident’s mental disabilities or
mental illness contributed to a resident’s behavior regarding the application of
disciplinary measures.
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.
Consideration would be given regarding offering a perpetrator intervention services
that are designed to address and correct underlying reasons or motivations for
abuse participation. The facility would not require participation in such interventions
as a condition for participation in the behavior management system or to access
general programming or education. The facility has therapists and a supervisor on
staff and there is a regional therapist that serves the facility. A psychiatrist provides
services to the facility once a week.
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.
Agency 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. There
has not been such an incident during this audit period.
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.
Policy supports that 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. The PREA education session during the
intake process includes informing the youth that a resident may be disciplined for
reporting an allegation in bad faith, after the facility's determination of such.
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.
Policy prohibits any sexual conduct between residents. All such conduct is subject to
disciplinary action as a rule violation through the administrative process. Referrals
are made to the investigative entities and 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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Risk Screening Instruments
Interviews:
Staff Responsible for Risk Screening
Medical Staff
Mental Health Staff
Provisions (a) and (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 medical
and clinical files. Medical and mental health staff discussed their knowledge of
informed consent, in accordance with policy. The facility may utilize a consent form
or make a documentation in the case notes.
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.
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. The Auditor
observed the resident files maintained in a secure manner. The files are secured in a
locked cabinet behind a locked door, when the office is unoccupied.
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 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. The facility may use a dedicated form or make a note to document this type of
situation.
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 Reviewed:
Agency Policy (FDJJ 13HS:01.01), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Memorandum of Understanding (MOU), Alachua County Victim Services and Rape
Crisis Center
Medical-Mental
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.
Victims of sexual abuse receive timely and unimpeded access to onsite and offsite
emergency medical treatment and crisis intervention services, the nature and scope
as determined by the judgement of medical and mental health professionals.
Medical and mental health staff interviews confirmed emergency medical care and
crisis intervention services will be provided by medical and mental health staff as
required.
Processes and services are in place for a victim to receive timely access to sexually
transmitted infections prophylaxis, where medically appropriate. Observations
revealed medical and mental health staff members maintain secondary materials
that document services to residents and these staff are knowledgeable of what
must occur in an incident of sexual abuse. It is documented through policies and
understood by the medical and mental health staff treatment services will be
provided at no cost to the victim, whether or not the victim cooperates with the
investigation.
Residents are provided access to an outside victim advocacy agency for services
through a MOU with the Alachua County Victim Services and Rape Crisis 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. The clinical files maintain secondary
materials and documentation of resident encounters. There has been two
allegations of sexual abuse during this audit period; neither required emergency
medical or crisis intervention services.
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. Policy, procedures and the written coordinated response plan
flow chart provide 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 will be 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.
Processes and services are in place for a victim to receive timely access to sexually
transmitted infection prophylaxis, where medically appropriate. Follow-up services
as needed will be provided by the facility’s medical and mental health staff,
including but not limited to assessments and medication management. 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.
The 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. This was also confirmed through staff
interviews and documentation.
Conclusion:
The Auditor has determined the facility is compliant with this standard regarding
access to emergency medical and mental health services.
Ongoing medical and mental health care for sexual abuse victims
115.383
and abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Interviews:
Medical Staff
Mental Health Staff
Superintendent
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.
Policy requires that mental health evaluation and treatment, as determined by
medical/mental health staff, be offered to residents who disclose prior sexual
victimization or perpetrated sexual abuse during intake screening. Treatment
services are provided at no cost to residents. Policy requires that a medical and
mental health evaluation and treatment be offered to resident victims of sexual
abuse.
According to the interviews, medical and mental health staff members are aware of
the policy mandates. Interviews support medical and mental health evaluations and
treatment will be offered to all residents who have been victimized by sexual abuse.
Interviews with the clinical staff and observations confirmed on-going medical and
mental health care will be provided as appropriate, including assessments and and
medication management, if needed.
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 with the clinical staff and observations confirmed on-going medical and
mental health care will be provided as appropriate and will include but not limited to
enhanced medical and mental health services as needed. The facility shall provide
such victims with medical and mental health services 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 will be accessible to residents at the hospital.
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.
The interview revealed that a resident will be offered timely and comprehensive
information about timely access to all lawful pregnancy-related services. Related
health education will be provided at the facility and testing performed at the
hospital.
Provision (f):
Resident victims of sexual abuse while incarcerated shall be offered tests for
sexually transmitted infections as medically appropriate.
Policy and interviews ensure that victims of sexual abuse will be provided tests for
sexually transmitted infections as medically appropriate. Testing may be done at the
hospital or health department according to medical staff and follow-up services will
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 policy
and staff 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.
Policy provides for attempts to be made for a mental health practitioner to conduct
a mental health evaluation within 60 days on all known resident-on-resident abusers
and offer appropriate treatment by mental health staff. According to the mental
health staff the evaluation will be conducted within 24 hours.
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 Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Incident Review Team Meeting Minutes
Interviews:
Superintendent/PREA Compliance Manager
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, procedures and practice provide that incident review team meetings are
conducted within 30 days after the completion of investigations. The incident review
team participation includes the statewide-wide PREA Coordinator who serves as the
facilitator of the meeting; Superintendent/PREA Compliance Manager, regional office
staff, facility supervisor, medical and mental health staff. The PREA Coordinator
prepares a report of the review team’s findings and submits the report to the
regional office staff and the Superintendent.
The interviews and the incident review team meeting minutes document the
incident review team considers the following in assessing the investigative findings:
whether the allegation or investigation indicate a need to change policy or practice
to better prevent, detect, or respond to sexual abuse; 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. The incident review team may also examine
the area in the facility where the incident allegedly occurred to assess whether
physical barriers in the area may enable abuse; assess the adequacy of staffing
levels in that area during different shifts; and 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.
Policy, procedures and practice require that the reviews occur within 30 days of the
conclusion of the investigation. There were two allegations; one youth-on-youth
sexual abuse allegation and one staff-on-youth sexual abuse allegation; both cases
received administrative investigations. The staff-on-youth allegation was closed by
the Office of the Inspector General (OIG) as Unfounded and the youth-on-youth
allegation case was closed as Information Only. An incident review team meeting
was facilitated by the statewide PREA Coordinator after completion of the
investigation concerning the youth-on-youth case which was closed as Information
Only.
Provision (c):
The review team shall include upper-level management officials, with input from line
supervisors, investigators, and medical or mental health practitioners.
The incident review team members include the Superintendent, input from line
supervisors, investigators, medical staff, and mental health staff. The investigators
from the Gainesville Police Department may be invited to the meeting as needed.
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.
The interview with the Superintendent and a review of the format for recording the
meeting used to document the incident review team’s findings indicate the team:
considers whether the allegation or investigation indicates a need to change policy
or practice to better prevent, detect, or respond to sexual abuse; 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. Where indicated, the team
will examine the area in the facility where the incident occurred to assess whether
physical barriers in the area may enable abuse; assess the adequacy of staffing
levels in that area during different shifts; and assess whether monitoring technology
should be deployed or augmented to supplement supervision by staff.
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 interviews, policy and incident review team meeting
minutes confirm the incident review team is charged with considering the factors
identified in this standard provision regarding the results of the investigation. Policy
and procedures require the meeting to be documented, including recommendations
and the document provided to the Superintendent and regional staff.
The interview with the incident review team member and review of documented
meetings confirm a meeting is held and documented regarding the tenets of the
standard. Any recommendations for improvement when conducting a sexual abuse
incident review will be implemented or the reasons for not doing so will be
documented, in accordance with the Superintendent's interview and agency policy.
The incident review team meeting minutes show that no recommendations were
made by the team members.
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)
Agency Policy (FDJJ 2020), Incident Operations Center and Incident Reviews
Facility Operating Procedures (FOP) 3.09 PREA
PREA Incident Reports Log
Interviews:
Agency PREA Coordinator
Superintendent/PREA Compliance Manager
Provisions (a) & (c):
Provision (a): 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. Provision (c): 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.
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 FDJJ 2020 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.
Review of the annual report and data gathering instrument and other documents
confirm the facility/agency 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/agency maintains and collects various types of identified data and
related documents regarding PREA. The facility collects and maintains data in
accordance with policy, The agency aggregates the data which culminates into an
annual report and provides management information regarding any continuous
improvement opportunities.
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.
Alachua RJDC does not contract with outside facilities for confinement of its
residents. The agency, Florida Department of Juvenile Justice, collects and
aggregates data from the residential facilities that contract with the agency for the
confinement of the youth committed to the State.
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.
115.388 Data review for corrective action
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Annual Report
Interviews:
PREA Coordinator
Superintendent/PREA Compliance Manager
The statewide PREA Coordinator will review the collected and aggregated data to
assess and improve the effectiveness of the PREA related efforts and initiatives.
Policy states that an annual report will be prepared. A review of documentation,
interviews, and a previous interview with the agency head designee confirm this
practice. The annual report is approved as required by policy, the Standard, per the
interviews and a review of the report. The annual report reflects a comparison of the
results of annual data, by calendar year. The annual report has been reviewed and
the report is accessible to the public through the facility’s website and it may be
downloaded. There are no personal identifiers on the annual report.
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 Reviewed:
Agency Policy (FDJJ 1316), Records and Information Management
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
Provisions (a)-(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 and can be downloaded. 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 through identified staff. The annual report
contains data from the contract facilities for residential services and the State-run
facilities for detention services.
Conclusion:
Based upon the review and analysis of the documentation, interviews and
observations, the Auditor determined the facility is compliant with this standard.
115.401 Frequency and scope of audits
Auditor Overall Determination: Meets Standard
Auditor Discussion
The Department of Juvenile Justice (DJJ) has ensured one-third of all operated
detention centers and contracted residential facilities have been audited as
evidenced by the final audit reports posted on the DJJ website and as required. The
Auditor was provided complete access to the facility and observed all areas of the
facility’s buildings and grounds. Additionally, all relevant documents were provided
upon request. The facility made space available for private staff and resident
interviews.
The audit notice was posted and observations revealed they were in the areas
described during the pre-onsite audit phase. Residents were provided information
on the “Notice of the Auditor’s Onsite Visit” regarding how to send confidential
information to the Auditor. There was not any correspondence received by the
Auditor from a resident, staff member, volunteer, contractor, or other interested
party. The facility has a process in place for sending and receiving mail, including
confidential correspondence.
115.403 Audit contents and findings
Auditor Overall Determination: Meets Standard
Auditor Discussion
The Department of Juvenile Justice (DJJ) website contains the final PREA audit
reports for State-run and contracted facilities. This facility was previously audited
2021 and the Auditor confirmed the audit report was posted on the DJJ website as is
the practice with the agency. This report does not contain any personal identifying
information other than names and job titles specifically requested. There were no
conflicts of interest regarding the completion of the audit. The policies, procedures
and supporting documentation were reviewed regarding compliance with the
standards and have been identified in the report. The audit findings were based on
a review of policies and procedures and supporting documentation; interviews 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, yes
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 no
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, yes
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 yes
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, yes
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, yes
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 yes
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.)

source: DJJ

report_type: PREA

pdf_url: https://www.djj.state.fl.us/content/download/1176781/file/Florida_Alachua Regional Juvenile Detention Center_Year2Cycle4.pdf?version=1

cycle: Year 2 Cycle 4