state: FL

summary: PREA - Year 3 Cycle 4

raw_content:
PREA Facility Audit Report: Final
Name of Facility: St. Lucie Regional Juvenile Detention Center
Facility Type: Juvenile
Date Interim Report Submitted: NA
Date Final Report Submitted: 10/19/2024
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: 10/19/2024
AUDITOR INFORMATION
Auditor name: Turner, Shirley
Email: shirleyturner3199@comcast.net
Start Date of On- 09/03/2024
Site Audit:
End Date of On-Site 09/04/2024
Audit:
FACILITY INFORMATION
Facility name: St. Lucie Regional Juvenile Detention Center
Facility physical 1301 Bell Avenue , Fort Pierce , Florida - 34982
address:
Facility mailing
address:
Primary Contact
Name: Douglas Kane
Email Address: douglas.kane@djj.state.fl.us
Telephone Number: 772-579-0839
Superintendent/Director/Administrator
Name: Dedilia Finlayson
Email Address: dedilia.finlayson@djj.state.fl.us
Telephone Number: 772-468-3940
Facility PREA Compliance Manager
Name: Dedilia Finlayson
Email Address: dedilia.finlayson@fldjj.gov
Telephone Number: O: (772) 216-0033
Name: Douglas Kane
Email Address: douglas.kane@fldjj.gov
Telephone Number: O: (772) 579-0839
Name: Nissia Moore
Email Address: nissia.moore@fldjj.gov
Telephone Number: O: (772) 577-9052
Facility Health Service Administrator On-Site
Name: Tameka Johnson
Email Address: tameka.johnson@djj.state.fl.us
Telephone Number: 772-468-3940
Facility Characteristics
Designed facility capacity: 49
Current population of facility: 46
Average daily population for the past 12 38
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: 9-21
Facility security levels/resident custody Secure
levels:
Number of staff currently employed at the 52
facility who may have contact with
residents:
Number of individual contractors who have 13
contact with residents, currently
authorized to enter the facility:
Number of volunteers who have contact 55
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 2024-09-03
audit:
2. End date of the onsite portion of the 2024-09-04
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 Sexual Assault Assistance Program of the
organization(s) or victim advocates with Treasure Coast
whom you communicated:
AUDITED FACILITY INFORMATION
14. Designated facility capacity: 50
15. Average daily population for the past 38
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/ 41
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/ 0
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/ 2
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/ 2
residents/detainees who identify as
lesbian, gay, or bisexual in the facility as
of the first day of the onsite portion of
the audit:
44. Enter the total number of inmates/ 0
residents/detainees who identify as
transgender or intersex in the facility as
of the first day of the onsite portion of
the audit:
45. Enter the total number of inmates/ 0
residents/detainees who reported sexual
abuse in the facility as of the first day of
the onsite portion of the audit:
46. Enter the total number of inmates/ 2
residents/detainees who disclosed prior
sexual victimization during risk
screening in the facility as of the first
day of the onsite portion of the audit:
47. Enter the total number of inmates/ 0
residents/detainees who were ever
placed in segregated housing/isolation
for risk of sexual victimization in the
facility as of the first day of the onsite
portion of the audit:
48. Provide any additional comments No text provided.
regarding the population characteristics
of inmates/residents/detainees in the
facility as of the first day of the onsite
portion of the audit (e.g., groups not
tracked, issues with identifying certain
populations):
Staff, Volunteers, and Contractors Population Characteristics on Day One of the Onsite
Portion of the Audit
49. Enter the total number of STAFF, 52
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 55
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 13
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 6
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 Reviewed the population sheet; conferred
RANDOM INMATE/RESIDENT/DETAINEE with staff; observed population; reviewed
interviewees was geographically sample of resident files.
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 5
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 Reviewed sample of resident files; conferred
to determine if this population exists in with staff; 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).
61. Enter the total number of interviews 0
conducted with inmates/residents/
detainees with a cognitive or functional
disability (including intellectual
disability, psychiatric disability, or
speech disability) using the "Disabled
and Limited English Proficient Inmates"
protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Reviewed sample of resident files; conferred
to determine if this population exists in with staff; 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).
62. Enter the total number of interviews 1
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:
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 Reviewed sample of resident files; conferred
to determine if this population exists in with staff; 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).
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 Reviewed sample of resident files; conferred
to determine if this population exists in with staff; observed resident and staff
the audited facility (e.g., based on interactions; informal conversation with
information obtained from the PAQ; residents.
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
65. Enter the total number of interviews 2
conducted with inmates/residents/
detainees who identify as lesbian, gay,
or bisexual using the "Transgender and
Intersex Inmates; Gay, Lesbian, and
Bisexual Inmates" protocol:
66. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who identify as transgender
or intersex using the "Transgender and
Intersex Inmates; Gay, Lesbian, and
Bisexual Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff; Reviewed risk
to determine if this population exists in assessment.
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 Reviewed sample of resident files; reviewed
to determine if this population exists in incident reports; conferred with staff.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
68. Enter the total number of interviews 2
conducted with inmates/residents/
detainees who disclosed prior sexual
victimization during risk screening using
the "Inmates who Disclosed Sexual
Victimization during Risk Screening"
protocol:
69. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are or were ever placed
in segregated housing/isolation for risk
of sexual victimization using the
"Inmates Placed in Segregated Housing
(for Risk of Sexual Victimization/Who
Allege to have Suffered Sexual Abuse)"
protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff; reviewed sample of
to determine if this population exists in resident 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).
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 5
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 investigative staff was interviewed during
regarding selecting or interviewing a prior audit for the agency.
specialized staff.
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 0 1
on-
inmate
sexual
abuse
Staff- 0 0 0 0
on-
inmate
sexual
abuse
Total 1 0 0 1
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- 1 0 0 1
inmate
sexual
harassment
Staff-on- 0 0 0 0
inmate
sexual
harassment
Total 1 0 0 1
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- 1 0 0 0 0
inmate sexual
abuse
Staff-on- 0 0 0 0 0
inmate sexual
abuse
Total 1 0 0 0 0
95. Administrative SEXUAL ABUSE investigation outcomes during the 12 months
preceding the audit:
Ongoing Unfounded Unsubstantiated Substantiated
Inmate-on-inmate 1 0 0 0
sexual abuse
Staff-on-inmate 0 0 0 0
sexual abuse
Total 1 0 0 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 1 0 0
sexual
harassment
Staff-on-inmate 0 0 0 0
sexual
harassment
Total 0 1 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 0
ABUSE investigation files reviewed/
sampled:
a. Explain why you were unable to Reviewed incident report; investigation is
review any sexual abuse investigation ongoing.
files:
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- 0
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- 0
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 1
HARASSMENT investigation files
reviewed/sampled:
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- 1
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:
Agency Policy FDJJ 1919, PREA
Facility Organization Chart
Agency Organization Chart
Interviews:
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.
The agency policy provides direction to staff regarding the facility’s approach to
preventing, detecting, and responding to allegations of sexual abuse and sexual
harassment. Policy addressed conduct that violates the zero-tolerance approach
regarding all forms of sexual abuse and sexual harassment. Definitions of prohibited
behaviors of sexual abuse and sexual harassment are contained in the policy and
includes sanctions for those found to have participated in the prohibited behaviors.
The agency policy, FDJJ 1919, serves as the overarching PREA policy for the state-
run and contract facilities. The facility also has additional policies and procedures
that support adherence to the PREA standards.
Staff training, resident education, and intake screening assist in detecting sexual
abuse and sexual harassment. Supporting policies include but are not limited to
responding to sexual abuse and sexual harassment through prevention; responsive
planning; training and education; reporting; investigations; medical and mental
care; assessments; disciplinary sanctions for residents and staff; and data collection
and review. The interviews confirmed knowledge of the zero-tolerance of sexual
abuse and sexual harassment.
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 Department of Juvenile Justice (DJJ) has a statewide PREA Coordinator who
provides support to the State-run and private facilities, answering directly to one of
two Deputy Secretaries of the agency. The PREA Coordinator has vast knowledge of
the standards and their implementation and the audit process. The PREA
Coordinator collaborates with the facility management and other staff and the
regional staff regarding PREA related issues. The statewide PREA Coordinator is
upper-level staff who has the authority and knowledge to provide oversight for the
implementation of the PREA Standards.
The interview with the PREA Coordinator and observations and the other interviews
revealed his authority to develop, implement and oversee the PREA initiatives and
efforts. The DJJ statewide PREA Coordinator lends support to all of the contract
facilities as determined from interviews, observations, review of documentation and
previous interview and continual communication between the Auditor and the DJJ
statewide PREA Coordinator.
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 serves as the PREA Compliance Manager and has
direct access to the Department of Juvenile Justice's (DJJ) statewide PREA
Coordinator regarding PREA related issues. The DJJ statewide PREA Coordinator also
collaborates with the Superintendent and other facility staff and regional staff
regarding PREA related issues. The Superintendent has knowledge of the standards
and their implementation and the audit process. The Superintendent stated he has
the time to fulfill the PREA duties and it was observed that he has the authority
required to fulfill those duties. Interviews conducted with all staff revealed their
awareness of the role of the PREA Compliance Manager. Observations confirmed she
has the support of facility staff and the DJJ statewide PREA Coordinator. Agency
policy provide for the designation of a PREA Compliance Manager within the facility.
Conclusion:
Based upon the review and analysis of the available evidence, interviews, and
observations, it was determined there is compliance with this standard.
115.312 Contracting with other entities for the confinement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
List of Contractors
Contract Language
Interview:
PREA Coordinator
Provisions (a) and (b):
(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. (b): Any new contract or contract renewal shall provide for
agency contract monitoring to ensure that the contractor is complying with the
PREA standards.
The public agency contracts for the confinement of its residents as confirmed
through review of documentation, observations, and the current interviews and
previous interview with the agency's contract administrator. Contracts exist that
inform the contractors of the requirements by the Florida Department of Juvenile
Justice to comply with the PREA Standards and participate in PREA audits. The
practice was also confirmed by previous and current interviews and completed PREA
audit reports.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined compliance with this standard.
115.313 Supervision and monitoring
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Facility Operating Procedures 3.09, PREA
Staffing Plan
Staffing Plan Assessments
Unannounced Rounds
Interviews:
Superintendent/PREA Compliance Manager
Intermediate or Higher-Level Staff
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.
Agency policy, facility operating procedures, and staffing plan provide details for
maintaining the staffing ratios and the staffing plan outlines the staffing
requirements. The facility’s staffing plan, internal controls and management ensures
that the PREA ratios of 1:8 during the waking hours and 1:16 during the sleeping
hours are maintained. Direct supervision is provided to residents during the daily
activities and program services. In addition to the direct care staff, support staff
provide direct contact with residents in the provision of treatment and supportive
services. Observations during the site review, interviews and casual conversation
indicated the staffing ratios are maintained.
The camera system is located in the control room and is constantly monitored. The
provisions of the standard are taken into consideration regarding adequate staffing
levels as confirmed through the interviews and staffing plan which outline staffing
requirements. The work schedules are based on the facility’s staffing plan of 1:8
during the waking hours and 1:16 during the sleeping hours. The interview with the
Superintendent and Assistant Superintendent revealed collaboration and review of
the work schedules on a regular basis. It was revealed there is a continuous effort to
fill vacancies so that the holdover system will not be relied upon as much as it is for
shift coverage. Work schedules are made regarding the considerations that ensure
adequate shift coverage including but not limited to standard security practices;
composition of the resident population; inclement weather; emergencies; and
programs and activities occurring on a particular shift.
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.
The facility reports no deviations from the staffing ratios in the past 12 months. A
coordinated effort was described in maintaining the staffing ratios. The holdover
system is relied upon to ensure staff coverage. The Superintendent emphasized
hiring efforts to fill vacancies and decrease the use of holdovers. Deviations are to
be recorded on shift briefing reports and in the agency's secure electronic team site,
SharePoint. The operations of the facility also provide for staff to be called in when
necessary. The facility is prepared to document any deviations from the staffing
requirements. The Superintendent and Assistant Superintendents regularly monitor
the effectiveness of the work schedules based on the staffing plan requirements.
The staffing plan shows the required staffing ratios. The staffing plan provides for
the staffing ratios to be met and can provide for additional staff for days and times
when increased staffing is required.
Provision (c):
Each secure juvenile facility shall maintain staff ratios of a minimum of 1:8 during
resident waking hours and 1:16 during resident sleeping hours, except during
limited and discrete exigent circumstances, which shall be fully documented. Only
security staff shall be included in these ratios. Any facility that, as of the date of
publication of this final rule, is not already obligated by law, regulation, or judicial
consent decree to maintain the staffing ratios set forth in this paragraph shall have
until October 1, 2017, to achieve compliance.
Staffing ratios for the facility are provided by the direct care staff. The security
practices and policies ensure the PREA ratios of 1:8 during the waking hours and
1:16 during the sleeping hours. The ratios were discussed and observed for and met
during the comprehensive site review and review of documentation. Direct care
staff members provide direct observation of residents. Since the last PREA audit the
average daily number of residents is 38 and the staffing plan is predicated on 50
residents. The facility is not involved in any lawsuits or consent decrees.
Provision (d):
Whenever necessary, but no less frequently than once each year, for each facility
the agency operates, in consultation with the PREA Compliance Manager 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 formally documented assessment data was completed by the statewide PREA
Coordinator who also facilitated the process, in collaboration with the
Superintendent/PREA Compliance Manager. The document reviews but is not limited
to the following areas: 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 where indicated
through findings of recommendations. The annual assessment documents the
summarization of the review including the staffing, physical plant and electronic
monitoring system.
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.
Policy provides for the occurrence of unannounced rounds that are conducted by
management staff members. The documents show the rounds are made at various
times. A form is used which records the areas visited and considerations and
observations may be included. The interview with the intermediate or higher-level
staff confirmed the unannounced rounds occur. The staff is not informed of when
the rounds will occur and the visits are not conducted at scheduled times. 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.
The dedicated form documenting the completion of unannounced rounds provides
for the staff to observe for but not limited to the following: residents' routines are
being followed; groups are located in appropriated locations of the building/area;
occurrence of appropriate resident-staff and resident-resident interactions; and
staffing requirements are being met. The forms are signed and dated by the person
making the unannounced round and there is room on the form for general
comments and noted follow-up information. The unannounced rounds are
completed by the Assistant Superintendents and the Superintendent.
Conclusion:
Based upon the review and analysis of the available evidence and the staff
interview, the Auditor determined the facility is adhering to this standard.
115.315 Limits to cross-gender viewing and searches
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy 1919, PREA
Facility Operations Procedures 3.07, Hygiene
Training Curriculum
Training Sign-in Log
Posted Shower Procedures
Opposite Gender to Announce Signage
Interviews:
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.
These type cross-gender searches are prohibited. Cross-gender pat-down searches
are not permitted, except in exigent circumstances and they must be documented.
Policy and training provide guidance to staff on how the searches are to be
conducted. The practice is that cross-gender pat searches are not conducted. There
is no evidence of cross-gender searches of any type occurring at the facility in the
last 12 months. Based on the review of the Pre-audit questionnaire and according to
the interviews, cross-gender searches have not been conducted at the facility
during the past 12 months.
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, except in
exigent circumstances. All searches and the reason for the search must be
documented. Responses included that a male staff would not be present in the
facility or there was contraband and no male staff available for a cross-gender pat-
down search to occur. The training records and materials show staff receives
training on how to conduct searches; staff participation in the training is
documented. Staff interviews confirmed awareness of the policy regarding 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.
Provision (c):
The facility shall document and justify all cross-gender strip searches, cross-gender
visual body cavity searches, and cross-gender pat-down searches.
Cross-gender strip and cross-gender visual body cavity searches are prohibited.
Policy provides for documenting the occurrence of searches and the reasons for
each type of search. All interviews confirmed that cross-gender searches have not
occurred at the facility during this audit period. Staff members are instructed to
document all searches. There was no evidence documenting any cross-gender
searches.
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. This
practice was confirmed through interviews with residents and staff. 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 staff explained how hygiene practices are
conducted and the procedures were posted. It was observed that residents have a
reasonable amount of privacy during use of the bathroom.
Staff members of the opposite gender must announce their presence when entering
the residents’ housing units and signs are posted. The residents stated that the
opposite gender staff announce their presence upon entering the living units and
one resident stated that he wasn’t sure. The practice of opposite gender
announcement was confirmed by the random staff interviews. The evidence shows
residents shower, perform bodily functions, and change clothing without nonmedical
staff of the opposite gender viewing their buttocks or genitalia.
The staff interviews supported that viewing of the camera monitors does not show
residents when they are showering, using the toilet or changing clothes. The shower
and toilet stalls do not allow staff to get a view of the resident’s body Hygiene
practices are performed with the expectations of reasonable privacy for each
resident. The interviews by residents support that they have privacy and are not
generally viewed naked by staff. During a strip search of any youth, only one staff
member conducts the search while another only observes the staff conducting the
search.
Provision (e):
The facility shall not search or physically examine a transgender or intersex resident
for the sole purpose of determining the resident’s genital status. If the resident’s
genital status is unknown, it may be determined during conversations with the
resident, by reviewing medical records, or, if necessary, by learning that information
as part of a broader medical examination conducted in private by a medical
practitioner.
Policy and the training curriculum 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 or would occur at the
facility. The facility reports that staff received the training on conducting searches
and searches of transgender and intersex youth. Staff interviews confirmed they are
aware that policy prohibits staff from conducting a physical examination of
transgender or intersex youth solely for the purpose of determining the resident’s
genital status. When the genital status of a resident is unknown, learning this
information would be part of a broader medical examination conducted by a medical
practitioner in private.
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.
The training curriculum for staff provides information on conducting cross-gender
pat-down searches and searches of transgender and intersex youth. Electronic
training records, sign-in sheets, interviews and training curriculum indicate the
provision of search techniques consistent with the security needs of the facility and
youth. A dedicated form, Statement of Preference, may be used for a youth that is
transgender or intersex to identify the gender preference of the staff to perform the
searches. The training materials and interviews indicated that staff receive the
training. No such searches have been conducted during the past 12 months. During
a strip search of any youth, only one staff member conducts the search while
another only observes the staff conducting the search.
Conclusion:
Based on the reviewed documentation and interviews, the Auditor determined
compliance with this standard.
Residents with disabilities and residents who are limited English
115.316
proficient
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Blanket Purchase Order, Global Interpreting Network
Interviews:
Superintendent
Random Staff
Agency Head Designee
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.
Policy and procedures 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. Policy prohibits the use of resident
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, performance of first responder duties, or the
investigation of the allegations. The agency has arrangements with the Global
Interpreting Network to be used for juveniles, parents or guardians that are unable
to speak and understand English or are deaf. Accommodations may be provided by
or through the education unit's lead teacher for disabled residents and residents
that are limited English proficient. Mental Health professionals are also trained to
provide appropriate responses regarding PREA education to residents, when
needed.
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.
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 speak Spanish and/or Creole that may assist
residents as needed.
The interviews and policy reveal 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 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.
The facility prohibits the use of resident interpreters, resident readers or any kind of
resident assistants 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 as a practice per policy. Staff interviews confirmed
residents have not been used to relate PREA information to or from other residents
in the past 12 months. There were no residents in need of an interpreter during the
site visit. However, the intake staff explained how a professional interpreter will be
contacted. The Auditor confirmed the professional interpreting services through a
customer service representative at the Global Interpreting Network, staff interviews,
and a review of the blanket master contract. The facility provides an easy reference
guide for staff in the control room for staff to access an interpreter as needed.
Conclusion:
Based upon the review and analysis of the evidence, the Auditor determined the
facility is compliant with this standard.
115.317 Hiring and promotion decisions
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1800, Background Screening and Hiring Practice
Agency Policy FDJJ 1919, PREA
Employee Handbook
Personnel Records
Interview:
Administrative (Human Resources Staff)
Provisions (a) and (f):
(a): The agency shall not hire or promote anyone who may have contact with
residents, and shall not enlist the services of any contractor who may have contact
with residents, who—
(1) Has engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997);
(2) Has been convicted of engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or coercion, or if
the victim did not consent or was unable to consent or refuse; or
(3) Has been civilly or administratively adjudicated to have engaged in the activity
described in paragraph (a)(2) of this section.
(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 documents address hiring and other personnel matters, including but
not limited to promotion processes and decisions; position descriptions; and
background checks, including child abuse registries. The background checks occur
initially and every five years thereafter, aligned with policy and the Standard. The
personnel files include the completed background checks and hiring documents.
Background checks are obtained through the Florida Department of Juvenile Justice,
Background Screening Unit. Policy FDJJ 1919 prohibits hiring or promoting anyone
who may have contact with residents with residents when they have been involved
in sexual abuse and sexual harassment behavior.
Through the employment application process, prior to hire and promotion,
applicants are asked to verify, in writing, the following information which is a part of
the background screening information packet:
Whether the applicant 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);
Whether the applicant 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,
Whether the applicant has been civilly or administratively adjudicated to have
engaged in the activity described above.
The above tenets of the standard are also gleaned from current employees during
evaluations. Staff are informed of their continuing duty to report any related
misconduct. The interview and a review of policies provided details about the hiring
process, completion of background checks, and grounds for termination. The forms
completed and included in the personnel files are responsive to the provisions of
this standard. All applicants are asked about any prior misconduct involving any
sexual activity. The documentation and interview support the facility does not hire
anyone who has engaged in sexual abuse or anyone who has used or attempted to
use force in the community to engage in sexual abuse. This documentation is a part
of the background information packet, required for conducting the criminal
background checks. A sample of background checks were reviewed which confirmed
that they are conducted in accordance with policy and the interview.
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.
Policies support that the facility does not hire or promote anyone who has been
civilly or administratively adjudicated or have been convicted of engaging in or
attempted to engage in sexual activity by any means. The interview was aligned
with the standard and the documentation shows the inquiries made during the
application process regarding previous misconduct.
Policy and the interview indicate the facility considers any incidents of sexual
harassment in determining whether to hire or promote anyone, or to enlist the
services of any contractor or volunteer, 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.
A sample of background checks were reviewed confirming the background checks
occur.
Provisions (c) and (d):
(c): Before hiring new employees 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.
(d): The agency shall also perform a criminal background records check, and
consult applicable child abuse registries, before enlisting the services of any
contractor who may have contact with residents.
The background check process includes consulting a child abuse registry as
confirmed during the interview. The prospective employee or contractor also has to
be cleared through the Florida Department of Children and Families. Best efforts are
made to identify information of incidents or allegations of sexual abuse by a
prospective employee. The facility conducts background checks on contractors and
volunteers.
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.
Initial background checks are conducted and are conducted every five years
thereafter, in accordance with policy. The interview, review of documentation and a
review of the policies provide details about the hiring process, completion of
background checks, and the grounds for termination in accordance with the PREA
standard. A sample of Re-Screens (five-year background checks) were reviewed by
the Auditor.
Provision (g):
Material omissions regarding such misconduct, or the provision of materially false
information, shall be grounds for termination.
The omission of sexual misconduct information or providing false information is
grounds for termination in accordance with policy. According to the interview, this
information is also covered in the new employee orientation. Staff members have a
continuing duty to report related misconduct as indicated in the Employee
Handbook. Employees are informed during new employee orientation that they
have a continuing affirmative duty to disclose any such misconduct. Additionally,
the facility receives an email alert through the background screening unit if an
employee is arrested.
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, the employment and hire date may be verified. Other requests
will be forwarded to agency's central office administrative personnel staff.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has
determined the facility meets the provisions of the standard.
115.318 Upgrades to facilities and technologies
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
PREA Pre-Audit Questionnaire
Interview:
Superintendent
Agency Head Designee
Provision (a):
If the agency designed or acquired any new facility or planned any 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?
The agency has not acquired a new facility or made a substantial expansion to the
existing facility since the last PREA audit.
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 agency has an upgrade to the camera system since the last PREA audit. Three
additional cameras have been added to address identified blind spots. All activities
are recorded on camera. There are no cameras in the residents' rooms or the
bathroom.
115.321 Evidence protocol and forensic medical examinations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1800
Agency Policy FDJJ 1919
Memorandum of Understanding, Fort Pierce Police Department
Memorandum of Understanding, Sexual Assault Assistance Program (SAAP) of the
Treasure Coast
SAAP Brochure
PREA Compliance Form
Interviews:
Random Staff
Superintendent/PREA Compliance Manager
Medical Staff
Advocacy Agency Representative
Provisions (a) and (b):
(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. (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. Allegations of
sexual abuse that are criminal in nature are also reported to the Florida Department
of Children and Families (DCF) and law enforcement. According to staff interviews,
policy, and the investigation report, and incident reports confirm proper procedures
were followed regarding investigations of sexual abuse in accordance with the
standard. The investigator’s interview from a previous agency audit, investigation
reports, and the12 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 and provided by DJJ/OIG to
law enforcement through each facility by the PREA Compliance Form. The PREA
Compliance Form, through the OIG, is shared with local law enforcement
investigators which outlines the PREA standards that must be adhered to regarding
an investigation of an allegation of sexual abuse. The DJJ/OIG investigators are also
aware of the PREA Compliance Form and investigation protocols as provided in the
interview conducted previously with DJJ/OIG investigative staff.
A Memorandum of Understanding exists with the Fort Pierce Police Department
which provides for the following:
• The Fort Pierce Police Department will follow a uniform evidence protocol
that maximizes the potential for obtaining usable physical evidence.
• The Fort Pierce Police Department, as appropriate, will utilize protocols of the
most recent addition of the Violence Against Women publication, A National
Protocol for Sexual Assault Medical Forensic Examinations, Adults/
Adolescents, or similar protocols developed after 2011.
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 evidentiarily 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.
An alleged victim received timely services within the facility as well as timely
services in the community. An alleged victim was transported to the Lawnwood
Regional Medical Center for a forensic medical examination that was conducted by a
Sexual Assault Nurse Examiner (SANE) or Sexual Assault Forensic Examiner (SANE),
according to the interview with medical staff and Assistant Superintendents. The
examination was performed at no cost to the victim, and in accordance with policy,
and the written coordinated response plan. Medical and mental health staff
members maintain secondary materials and documentation of encounters with
residents confirming the provision of general and emergency services.
The allegations of resident-on-resident sexual abuse and resident-on-resident sexual
abuse were reported for investigation to the DJJ/OIG, DCF and law enforcement. The
investigations regarding the allegation of sexual harassment remains open. The
alleged victim of sexual abuse was sent out for a forensic examination per protocols
due to the allegation and criminal investigation. When required upon the resident's
return to the facility from the hospital, clinical staff reports that continuity of care
will be provided at the facility to include any medication management, follow-up
with physician, and increased mental health check-ins including the reiteration of
coping skills.
Information regarding advocacy services is posted in the facility which is accessible
to residents, staff and visitors. In addition to the Collaborative Agreement and
interview with the advocacy agency representative, and the brochure affirms the
availability of services and the validity of the Agreement to provide advocacy
services. The interview with the advocacy agency representative is aligned with the
Collaborative Agreement and the SAAP brochure.
Provisions (d) and (e):
(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. (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.
Victim advocacy services have been arranged and outlined in a written
Collaborative Agreement between the facility and the Sexual Assault Assistance
Program of the Treasure Coast. This victim advocacy agency provides a range of
programs and services including accompaniment, advocacy and resource assistance
for survivors, and emotional support. The advocacy agency follows all applicable
laws and regulations with respect to confidentiality as well as other required
mandates. The advocacy agency may be notified by the resident, facility staff, or
law enforcement.
The victim advocacy agency offers the following per the Collaborative Agreement
and interviews:
· 24-hour hotline services through sexual assault certified call takers;
· Personal advocacy and ongoing support;
· Ongoing emotional and referral for legal support;
· Information and referrals;
· Accompaniment services;
· Follow-up support services within the facility and upon transfer or release; and
· Assistance with filing for Crime Victims Compensation, if applicable.
Information regarding victim advocacy services is provided to the residents during
the intake process, according to intake staff, and is provided through the
accessibility of posted information and brochures. Victim advocacy services are
provided at no cost to the victim in accordance with agency policy. Auxiliary aids,
interpreter/language services and accommodations due to a disability will be
provided as needed and also at no cost to the victim. The advocacy agency
representative confirmed the accessible services contained in the written
Collaborative Agreement. According to the interview with the advocacy agency
representative and the Collaborative Agreement, the advocacy agency adheres to
the mandate regarding confidentiality of services.
Provisions (f) and (g):
(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. (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.
The DJJ/OIG investigators from conduct administrative investigations in accordance
with agency policy, and the protocols as outlined on the PREA Compliance Form,
aligned with the Standards. Investigations of allegations of sexual abuse or sexual
harassment that are criminal in nature will be investigated by law enforcement and
the Florida Department of Families and Children. The PREA Compliance Form is
shared by the facility staff with investigators from outside investigative entities.
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 Sexual
Assault Assistance Program of the Treasure Coast (SAAP) confirmed through the
interviews and written agreement. The SAAP is the Certified Rape Crisis Program
serving St. Lucie and three other counties requiring adherence to identified
standards. The SAAP provides comprehensive services including crisis hotline
services, education materials (brochures), and met the other requirements of the
Superintendent when initially seeking advocacy services, based on the standard and
requirements of DJJ. Additionally, each staff person at SAAP is trained to provide
confidential support and advocacy to victims of sexual violence and all services are
free. The background and training of some facility treatment staff or contractor
provide them with familiarity of general sexual assault and forensic examination
issues and they may be of service to a resident as an advocate if needed.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance with the provisions of this standard.
115.322 Policies to ensure referrals of allegations for investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Memorandum of Understanding, Fort Pierce Police Department
Investigation Report
Incident Reports
PREA Compliance Form
Websites
Interviews:
Random Staff
Superintendent
PREA Coordinator/Agency Head Designee
Provision (a):
The agency shall ensure that an administrative or criminal investigation is
completed for all allegations of sexual abuse and sexual harassment.
The Florida Department of Juvenile Justice (DJJ) ensures an administrative or
criminal investigation is completed for all allegations of sexual abuse and sexual
harassment in State-run and contract facilities. Policies provide 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
sexual abuse and one allegation of sexual harassment. Sexual abuse and sexual
harassment allegations are referred to the DJJ/Office of Inspector General (OIG),
Florida Department of Children and Families (DCF), and law enforcement if criminal
in nature.
There were two allegations during this audit period; one sexual harassment and one
sexual abuse. The allegation of sexual harassment and the allegation of sexual
abuse were resident-on-resident. Both allegations were referred for investigations
by a DJJ/OIG investigator and the Fort Pierce Police Department. The results of the
administrative investigation by DJJ/OIG regarding the allegation of sexual
harassment resulted in it being closed as Information Only and the criminal
investigation of the same allegation was closed as Unfounded. DCF closed the
sexual harassment case with no services being recommended. The administrative
and criminal investigations regarding the allegation of sexual abuse are still open.
Policy, practice, documentation, and interviews provide that investigations of
allegations of sexual abuse and sexual harassment occur.
A Memorandum of Understanding exists with the Fort Pierce Police Department
which provides for the following:
The Fort Pierce Police Department will follow a uniform evidence protocol that
maximizes the potential for obtaining usable physical evidence.
The Fort Pierce Police Department, as appropriate, will utilize protocols of the most
recent addition of the Violence Against Women publication, A National Protocol for
Sexual Assault Medical Forensic Examinations, Adults/Adolescents, or similar
protocols developed after 2011.
Provisions (b) and (c):
(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. (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.
DJJ has a PREA policy that requires allegations of sexual abuse or sexual harassment
be referred for investigation to an agency with the legal authority to conduct
criminal investigations which include the Florida Department of Children and
Families and law enforcement. The DJJ does not conduct criminal investigations; only
administrative investigations. Policy, indicating which investigative entities
investigate allegations and when, and reporting information are located on the DJJ
website and posted within the facility, accessible to the public. Policy, investigation
report, incident reports, 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.
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 has policies governing investigations. The agency utilizes trained
investigators. A previous interview with an investigative staff, investigation reports,
and the review of previous agency reports confirm that administrative investigations
are conducted by trained investigators and allegations that are criminal in nature
are referred to law enforcement.
Provision (e):
Any Department of Justice component responsible for conducting administrative or
criminal investigations of sexual abuse or sexual harassment in juvenile facilities
shall have in place a policy governing the conduct of such investigations.
The Department of Justice is not responsible for conducting administrative or
criminal investigations of sexual abuse or sexual harassment in this facility.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.331 Employee training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Facility Operating Procedures, PREA
Training Curricula
Electronic Course Participant Reports
Interviews:
Random Staff
Provisions (a) and (c):
(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.
(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.
The agency and facility provide and/or conduct the required training, according to
the Standard, for all employees who may have conduct with residents. Policy and
procedures address PREA related training for staff which is formally provided initially
upon hire and annually thereafter; refresher sessions are provided throughout
employment. Refresher sessions may be conducted electronically and in staff
meetings and shift briefings which include any changes in policy, procedures, and
practice; and general PREA related practices that do not occur at all or very little in
order to keep staff alert. Interviewed staff members were generally familiar with the
PREA information. PREA training is provided to staff, as indicated by a review of
facility and agency policy and procedures, training documents, and interviews. All
staff have contact with residents and have received PREA training.
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 considers the needs and
make-up of the population served as indicated by the interviews and review of
documentation. 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.
The PREA training reviewed was documented electronically; the formal PREA
training is computer-based. The training was also verified through staff interviews
and is required by policy.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with the standard.
.332
Documents:
Facility Policy 10-22, Volunteers
Facility Policy 10-25, PREA
Agency Policy FDJJ 1919, PREA
Training Curriculum
Acknowledgement Statements
Interviews:
Volunteers
Superintendent
Provision (a):
The agency shall ensure that all volunteers and contractors who have contact with
residents have been trained on their responsibilities under the agency’s sexual
abuse and sexual harassment prevention, detection, and response policies and
procedures.
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, training curriculum, interviews and observation confirmed the training
occurs. The training curriculum includes but is not limited to information in the
following areas: reporting allegations of sexual abuse and sexual harassment;
related definitions; detecting sexual abuse and sexual harassment; and maintaining
professional relationships with residents.
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 and review of documentation 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 an allegation of sexual abuse or
sexual harassment. The training is based on the services provided by the
contractors and volunteers. The only contractor requiring the training is the contract
physician however any person performing contract services receive printed material
regarding PREA and sign an acknowledgement statement for receipt of the
information.
The interviews revealed familiarity with the zero-tolerance policy regarding sexual
abuse and sexual harassment of residents, including how to report. The interviews
confirmed the review of the zero-tolerance policy is included in the PREA training.
The volunteers interviewed provide life skills education services to the residents.
PREA education is available within the facility by staff and through a Department of
Juvenile Justice online course or the downloaded training curriculum.
Provision (c):
The agency shall maintain documentation confirming that volunteers and
contractors understand the training they have received.
The training documentation and interviews confirmed the receipt and awareness of
PREA training by contractors and volunteers. The interviews and acknowledgement
statements indicated understanding of the training received. The PREA training is
made available to volunteers and contractors prior to them providing services within
the facility.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with the provisions of this standard.
115.332 Volunteer and contractor training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Training Curriculum
Acknowledgement Statements
Interviews:
Volunteers
Contractors
Assistant Superintendent
Provision (a):
The agency shall ensure that all volunteers and contractors who have contact with
residents have been trained on their responsibilities under the agency’s sexual
abuse and sexual harassment prevention, detection, and response policies and
procedures.
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, training curriculum, interviews and observation confirmed the training
occurs. The training curriculum includes but is not limited to information in the
following areas: reporting allegations of sexual abuse and sexual harassment;
related definitions; detecting sexual abuse and sexual harassment; and maintaining
professional relationships with residents.
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 and review of documentation 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 an allegation of sexual abuse or
sexual harassment. The training is based on the services provided by the
contractors and volunteers and the participants reported they are provided written
information.
The interviews revealed familiarity with the zero-tolerance policy regarding sexual
abuse and sexual harassment of residents, including how to report. The interviews
confirmed the review of the zero-tolerance policy is included in the PREA training.
The volunteers interviewed provide life skills education activities or religious
services. PREA education is available within the facility by staff and through a
Department of Juvenile Justice online course which may also be downloaded.
Provision (c):
The agency shall maintain documentation confirming that volunteers and
contractors understand the training they have received.
The training documentation and interviews confirmed the receipt and awareness of
PREA training by contractors and volunteers. The interviews and acknowledgement
statements indicated understanding of the training received. The PREA training is
made available to volunteers and contractors prior to them providing services within
the facility. The training is facilitated by the Assistant Superintendent and the
participants also meet with the Superintendent prior to the provision of services.
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:
Agency Policy FDJJ 1919, PREA
Resident Handbook
PREA Video
PREA Education Posters
Multi-lingual Brochures
Orientation Checklist
Acknowledgement Statements
Training Logs
Interviews:
Residents/Targeted Interviewees
Intake Staff
Provisions (a) & (b):
(a): During the intake process, residents shall receive information explaining, in an
age- appropriate fashion, the agency’s zero tolerance policy regarding sexual abuse
and sexual harassment and how to report incidents or suspicions of sexual abuse or
sexual harassment. (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.
The population receives information at the time of intake about PREA including the
zero-tolerance policy of the facility and how to report allegations of sexual abuse
and sexual harassment. Policy provides that all residents admitted receive PREA
education. 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 documentation and interview with the intake staff. The residents
have a clear understanding of the aforementioned and the various ways of how to
report allegations of sexual abuse and sexual harassment.
The education materials, including postings, indicate the information provided to the
residents is age-appropriate. It was revealed that PREA refresher education sessions
are conducted during group sessions as a rotating topic. The intake staff is also
available address questions that a resident may have regarding PREA. The residents
initially sign acknowledgement statements which represent receipt of the PREA
information provided. All residents interviewed responded with general knowledge
regarding PREA. Nine out of 10 residents interviewed understood the information
provided regarding 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), all residents received PREA education. The facility reports
that 1,564 youth were admitted to the facility during the past 12 months and that
all participated in PREA education sessions. Formal interviews, informal
conversations with residents, interview with intake staff, and review of
documentation support that all youth admitted to the facility receive PREA
education during the intake process. Acknowledgement statements and the
interviews indicate that general PREA education is provided. Policy provides that all
youth admitted to the facility receive PREA education.
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, per policy. The
education unit is also a resource for accessibility, supportive services, and
translation services and other accommodations based on the individual needs of the
population. Assistance may also be provided by the mental health staff to ensure all
residents’ understanding of the PREA information. The facility has bilingual staff as
well as access, through an agency purchase order, to professional services through
Global Interpreting Network.
Policy provides for interpreter and translation services. There is documentation and
policy that provide information and accessibility for the accommodations for
residents with special needs. The education staff provides services through certified
teachers with the educational background to modify/adapt information for all
residents to understand. Printed PREA information is in English, French, Creole, and
Spanish. The agency has a contract with Global Networking Services for translation
and interpreting services that may also be used with family members as needed. A
customer care representative confirmed the available translating services, including
services for the Deaf.
The random staff interviews revealed a practice of residents not used as translators
or readers for other residents. There is a collective awareness of the availability of
bilingual staff and professional translating and interpreting services. The facility has
knowledge, briefly beforehand through the Juvenile Assessment Center, of the
youth’s arrival to the facility that provides a very brief window for consideration of
access to services to address communication issues. The special arrangements are
coordinated by treatment team staff in collaboration with the Superintendent. PREA
posters, information sheets, and other printed materials are collectively available in
English, Spanish, Creole, French and there is access to other languages if needed.
Provision (e):
The agency shall maintain documentation of resident participation in these
education sessions.
Signed acknowledgement statements and training logs support the residents’
involvement in PREA education sessions. The residents’ interviews revealed the
exposure to PREA through the PREA education sessions. 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 PREA education sessions and receipt
of advocacy agency information provide the residents with the general knowledge
regarding sexual safety at the facility.
Provision (f):
In addition to providing such education, the agency shall ensure that key
information is continuously and readily available or visible to residents through
posters, resident handbooks, or other written formats.
The PREA education materials provide residents information on how to report
allegations of sexual harassment and sexual abuse. 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; and reporting information. Each resident is
provided a handbook and an orientation information which also contains PREA
information. PREA-related information was observed posted or displayed throughout
the facility.
PREA signage is placed at varying eye levels and are colorful and graphic with
consistent messages that are easily understood. The interviews with the residents
revealed they know where to find information on the wall if they need it and/or
confer with staff. The interviews confirmed the PREA audit notices had been up for
awhile and that the PREA information is always on the walls. PREA information is
located in the housing area; common areas for staff, residents, contractors,
volunteers, and visitors; lobby; and offices.
Conclusion:
Based upon the review and analysis of the available evidence, interviews, and
observations, the Auditor determined the facility is compliant with the provisions of
this standard.
115.334 Specialized training: Investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Training Curriculum
Training Log
PREA Compliance Form
Investigation Reports
Interviews:
Superintendent
PREA Coordinator
Investigative Staff
Provisions (a) and (b):
(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. (b): Specialized training shall include
techniques for interviewing juvenile sexual abuse victims, proper use of Miranda
and Garrity warnings, sexual abuse evidence collection in confinement settings, and
the criteria and evidence required to substantiate a case for administrative action or
prosecution referral.
Administrative investigations are conducted by the Florida Department of Juvenile
Justice (DJJ), Office of Inspector General (OIG). PREA training is required in addition
to the specialized training regarding conducting administrative investigations.
Allegations of sexual abuse are referred for investigation to be conducted by law
enforcement. The previous interview with investigative staff and review of
documents confirmed administrative investigations are conducted by trained
investigators within the DJJ/OIG. The specialized training includes but is not limited
to interviewing techniques; proper use of Garrity and Miranda warnings; preserving
evidence; and criteria for supporting a finding of substantiated, unsubstantiated or
unfounded.
Provision (c):
The agency shall maintain documentation that agency investigators have
completed the required specialized training in conducting sexual abuse
investigations.
Training records of the administrative investigators are maintained by DJJ.
Allegations of sexual abuse are referred to law enforcement and the Florida
Department of Children and Families, in accordance with policy. All allegations of
sexual abuse and sexual harassment are reported to DJJ, Office of Inspector General.
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 DJJ provides training to its investigators who will conduct administrative
investigations at the contract facilities which was confirmed by interviews. Local law
enforcement is responsible for training their investigators who conduct sexual abuse
investigations and allegations that are criminal in nature.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.335 Specialized training: Medical and mental health care
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Training Curricula
Course Participant Reports
Interviews:
Mental Health Staff
Medical 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 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 and interviews document
regular PREA training and the specialized training for medical and mental health
staff members and the interviews confirmed the training.
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 medical examinations are not conducted by facility staff.
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.
Electronic training records and interviews with medical and mental health staffs
confirmed receipt of the regular and specialized training. The regular and
specialized PREA training is provided online by the Florida Department of Juvenile
Justice. The specialized training is provided through different modules. Regular and
refresher PREA trainings are also provided online and at the facility through sessions
incorporated in staff meetings and training sessions when appropriate.
Provision (d):
Medical and mental health care practitioners shall also receive the training
mandated for employees under Standard 115.331 or for contractors and volunteers
under Standard 115.332, depending upon the practitioner’s status at the agency.
Medical and mental health staff completed the general training that is provided for
all employees as indicated by training documentation and the interviews. The
standard PREA training is provided to all employees through the contract agency,
facility and staff meetings.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.341 Obtaining information from residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Screening for Vulnerability, Victimization and Sexually Aggressive Behavior (VSAB)
Memorandum
Interviews:
Staff Responsible for Risk Screening
PREA Compliance Manager
PREA Coordinator
Residents
Provision (a):
Policy provides that upon arrival or 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.
Agency policy provides that each resident admitted to the facility to be screened for
risk of victimization or abusiveness, prior to room assignment in order to reduce the
risk of sexual abuse by or upon a resident. The interviews and practice indicate the
risk assessment is completed on the day of admission. According to the staff
responsible for risk screening, the process of administering the risk screening
instrument is to make the process conversational with the youth. Initially, she
converses with them to establish a rapport to make it easier for them to answer the
questions asked. The goal is to make the youth feel comfortable as she engages
with them to complete the instrument. The youth is interviewed to obtain
information about personal history and behavior. Information may also be obtained
from the parent/guardian and through review of the screening packet and any
electronic records.
The youth are initially taken to the Juvenile Assessment Center when taken into
custody and the initial risk screening is administered. Subsequently, the youth are
transported to the Regional Juvenile Detention Center. The interview with the staff
responsible for risk screening revealed the Screening for Vulnerability, Victimization
and Sexually Aggressive Behavior (VSAB) is reviewed and adjustments made or the
youth is re-screened if indicated. The staff responsible for risk screening administers
the VSAB directly to the youth that are courtesy holds from other facilities.
Residents are re-screened every 30 days.
The VSAB is used to document such information and is administered in a private
office. The interviews revealed the practice of the risk screening being conducted in
accordance with policy. Screening instruments and interview with the staff
responsible for risk screening confirmed the information obtained includes but is not
limited to:
Prior sexual victimization or abusiveness;
Resident’s own perception of vulnerability;
Current charges and offense history;
Self-identification of resident;
Intellectual or developmental disabilities;
Physical disabilities;
Mental illness or mental disabilities
Information regarding relationships with other youth
Confirmation of size and stature
Confirmation of Age
Policy addresses the occurrence and criteria regarding formal reassessments of
residents. It is reported that the number of youths admitted to the facility directly
within the past 12 months who were screened by facility staff during the admission
process for risk of sexual victimization and the risk of sexually abusing other
residents is 875. The risk assessments are accessible to the clinical staff and
Assistant Superintendent. The resident files were observed to be maintained in a
confidential manner in a locked file cabinet in a lockable office which is a part of the
key control system with limited access. Electronic information is password protected
with access only to identified staff on the agency's virtual private network.
Provision (b):
Such assessments shall be conducted using an objective screening instrument.
An objective screening instrument is used to obtain the information required by the
standard, including but not limited to prior sexual victimization or abusiveness; self-
identification; current charges and offense history; 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. Assessments are conducted through the use of the VSAB
containing verifiable items that collectively provide a presumptive determination of
risk for victimization or abusiveness. The VSAB is administered consistently by the
same trained staff which also assists in minimizing subjective interpretation and
bias.
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 screening instrument and determined the items required
by this provision of the standard are included within the instrument. The interview
with the risk screener confirmed awareness of the elements of the risk screening
instrument. The resident interviews also confirmed the administration of the
screening instrument and the general inquiries made. The interviews revealed the
practice is that the instrument is reviewed and/or administered the first day of the
youth’s admission to the facility and readministered every 30 days..
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 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 youth. Additional information to complete the
screening instrument includes review of the information that may be in the agency's
electronic system and any accompanying information and/or interviews with a
parent/guardian. The facility is briefly made aware of the youth’s pending arrival to
the facility from the Juvenile Assessment Center or other facility and may use that
brief window of opportunity to preliminarily prepare for the needs prior to their
arrival. Additional secondary 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 in a locked file cabinet in locked
offices when unoccupied. The key to the offices are in the key control system.
Electronic information is password protected with limited and identified staff access
to the agency's virtual private network. The staff responsible for risk screening
addressed the management of sensitive information and the expectation of
confidentiality by staff. The clinical staff and Assistant Superintendent have access
to the risk screening instruments. Information is provided on a case by case basis to
staff based on their need to know. Confidentiality is a component of staff training
and addressed by policy.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.342 Placement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Screening for Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB)
Interviews:
Staff Responsible for Risk Screening
Medical Staff
Mental Health Staff
Residents
Superintendent/PREA Compliance Manager
PREA Coordinator
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.
The facility uses information from the risk screening required to inform housing,
bed, work, education, and program assignments. Policy and the standard
collectively provide guidance to staff regarding the use of the information obtained
from the screening instrument. The interviews indicate the screening information is
used to inform staff of information based on the need to know, housing and program
assignments, and assist in identifying treatment and any special services. Housing
and other assignments are not made by staff until the VSAB is reviewed or
completed by staff.
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.
The practice is that the facility does not use isolation as protective custody
regarding risks of sexual abuse or sexual harassment identified through the
interviews and observations. The staff interviews indicated that protective measures
will be taken immediately when needed and includes separating residents, closer
supervision, and notifying supervisors and administrators. There were not any
residents identified as at-risk of sexual victimization and clinical staff were not
aware of such. Policy does exists if the situation should ever occur.
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.
Gay, bisexual, transgender, or intersex residents are not placed in specific housing
solely based on how the residents identify or their status. Staff members are
prohibited from considering the identification as an indicator that these residents
may be more likely to be sexually abusive. During the comprehensive site review,
there were no rooms or units observed or identified to be reserved for LGBTI youth.
Housing assignments are made on a case-by-case basis as supported by policy,
interviews and practice. The targeted resident interview contributed to this finding.
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 residents’ health and safety, and whether the placement
would present management or security problems.
Policy and practice support that housing and program assignments for transgender
or intersex residents are made on a case-by-case basis which was evident from staff
interviews and observations. The interview with the staff responsible for risk
screening confirmed that staff considers on a case-by-case basis whether a
placement ensures a resident’s health and safety, and whether the placement will
present management or security problems. The interviews indicate staffs’
awareness and efforts in keeping residents safe. There were no residents in the
facility in this category in the facility for the past year.
Provision (e):
Placement and programming assignments for each transgender or intersex resident
shall be reassessed at least twice each year to review any threats to safety
experienced by the resident.
Policy provides placement and programming assignments for each transgender or
intersex resident be reassessed twice per year to determine any threats to safety
experienced by the resident. The interview with the staff responsible for risk
screening and a memorandum from the Assistant Superintendent confirmed
awareness of policy. The practice of reassessments occurring every 30 days with all
residents provides that the reassessment of transgender and intersex youth will
occur at least twice per year.
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 her own safety is taken into account through the
administration of the VSAB, meetings and individual sessions and interactions with
clinical staff. The interviews with staff and review of documentation were aligned
with the policy.
Provision (g):
Transgender and intersex residents shall be given the opportunity to shower
separately from other residents.
Transgender or intersex residents are given the opportunity to shower separately
from other residents which is also supported by the interviews and policy.
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.
Agency policy provides that a resident will only be placed in isolation as a last resort
for protection and it would only be until other arrangements could be made to keep
the resident safe. The provisions of this standard will be provided if such occurs
however the practice is that isolation is not used in this facility for protective
custody regarding alleged victims of sexual abuse or sexual harassment. No
residents were determined at-risk of sexual victimization during the 12 months
preceding the audit.
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.
Isolation is not used in this facility as the practice of protective custody regarding
sexual abuse or sexual harassment of alleged victims.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.351 Resident reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Chapter 63F-11, Central Communications Center
Shift Briefing Reports
General Counsel Correspondence
PREA Form
Brochure
Multilingual Posters
Resident Handbook
Interviews:
Residents
Random Staff
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 for multiple internal ways a resident may report allegations of sexual
abuse and sexual harassment, including how to 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 Florida
abuse reporting hotline. Telephones are made accessible to residents for reporting
allegations of sexual abuse and sexual harassment. Telephones may be used by
residents in offices and there are telephones along the wall that are accessible to
residents. Staff members are required to make the use of the telephone accessible
for residents to report allegations of sexual abuse and sexual harassment, and staff
neglect or violation of responsibilities that may have contributed to such incidents.
The reporting information is posted on the wall by the telephones.
Policy, posters, brochures, information sheet, and the resident handbook collectively
provide telephone numbers and instructions for reporting allegations of sexual
abuse or sexual harassment. In addition to accessing a telephone, residents are also
informed in the PREA education sessions, determined from the interviews, that they
may tell staff; submit a complaint in writing utilizing the PREA Form; or use the
hotline regarding allegations of sexual abuse or sexual harassment. Help request
forms are posted and accessible to the residents and there is access to writing tools.
The residents interviewed identified someone who did not work at the facility they
could report to about sexual abuse or sexual harassment. The random staff and
resident interviews collectively revealed residents may use a telephone, submit a
complaint in writing, or talk to staff to privately report allegations of sexual abuse
and sexual harassment. The resident is provided the hotline number in writing
throughout the facility, including in the, resident handbook, brochures, and posted
information. According to interviews and informal conversations, residents have
access to use the telephone to report allegations and to communicate with
approved contacts on the outside.
In addition to residents having access to writing utensils and help request forms,
there are locked boxes for receipt of the forms which are accessible to all residents
for reporting allegations of sexual abuse and sexual harassment. Written notes or
letters and other completed forms may also be given to staff if the resident prefers.
When an allegation of sexual abuse or sexual harassment is received, the reporting
procedures are implemented in accordance with policy. PREA information is posted
and each resident is provided written information regarding reporting and other
PREA related information. 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 Florida abuse reporting hotline may be used by residents and staff to report
allegations of sexual abuse and sexual harassment. The interviews revealed
familiarity with policy and posted information on how to report allegations.
Telephones are accessible to all staff and are made accessible to residents by staff;
a resident may remain anonymous upon request while reporting an allegation. The
telephone hotline was tested; the telephone was in working order and the hotline
was attended by an operator who explained the routing of the calls. An allegation
may also be reported in Spanish by following the recorded prompt on the hotline.
The reports of sexual abuse or sexual harassment are accepted and referred for an
investigation. The facility does not detain residents solely for civil immigration
purposes according to written communication from the Department of Juvenile
Justice legal department.
Provision (c):
Staff shall accept reports made verbally, in writing, anonymously, and from third-
parties and shall promptly document any verbal reports.
The staff interviews confirmed the methods available to residents for reporting
allegations of sexual abuse and sexual harassment. Staff members are required to
accept reports made anonymously, third-party reports, and to document verbal
reports. The resident interviews collectively indicated awareness of reporting either
in person, in writing, by telephone, or through a third-party. The residents may
remain anonymous by not recording their names if an allegation is made in writing.
When an allegation of sexual abuse is received anonymously, staff provided it will
be properly reported and routed for an investigation. Interviewed staff members
were aware of their duty to receive and document the receipt of verbal reports.
PREA related information is stored in lockable cabinets behind locked doors within
the key control system. Electronic records are password protected and staff access
identified. Additionally, the agency has a virtual private network which is accessible
by identified staff with two passwords.
Provision (d):
The facility shall provide residents with access to tools necessary to make a written
report.
Interviews and observations revealed writing materials are available for residents to
complete a help request form or write a note. Each resident is provided a handbook
which contains information regarding reporting by a written method. The interviews,
review of documents and facility practices revealed alignment with the agency and
facility policies. All residents have access to writing tools as confirmed by interviews
and observations by the Auditor.
Provision (e):
The agency shall provide a method for staff to privately report sexual abuse and
sexual harassment of residents.
The staff interviews revealed staff can privately report allegations of sexual abuse
and sexual harassment through a call to the Florida abuse reporting hotline,
Department of Juvenile Justice/Central Communications Center, and/or speak
directly to a supervisor, Assistant Superintendents, or Superintendent. Random staff
were able to describe the processes for the methods they provided for reporting
allegations of abuse.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this standard.
115.352 Exhaustion of administrative remedies
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
PREA/Youth Grievance Form
Resident Handbook
Interviews:
Superintendent/PREA Compliance Manager
Random Staff
Residents
PREA Coordinator
Provision (a):
An agency shall be exempt from this standard if it does not have administrative
procedures to address resident grievances regarding sexual abuse.
When a PREA/Youth 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 immediately implemented and a report is
made as required by agency 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 Florida Department of Juvenile Justice/Office of Inspector
General, Florida Department of Children and Families and/or local law enforcement
when the allegation is criminal in nature. Formal interviews and informal
conversations with the residents collectively revealed familiarity with putting an
allegation of sexual abuse or sexual harassment in writing and depositing it in the
locked boxes.
Provision (b):
(1) The agency shall not impose a time limit on when a resident may submit a
grievance regarding an allegation of sexual abuse.
(2) The agency may apply otherwise-applicable time limits on any portion of a
grievance that does not allege an incident of sexual abuse.
(3) The agency shall not require a resident to use any informal grievance process, or
to otherwise attempt to resolve with staff, an alleged incident of sexual abuse.
(4) Nothing in this section shall restrict the agency’s ability to defend against a
lawsuit filed by a resident on the ground that the applicable statute of limitations
has expired.
There is no time limit for completing a Form to report allegations of sexual abuse.
Residents are not required to use an informal process or give written allegations to
any staff member regarding allegations of sexual abuse. The general
communication to residents is to use the Form to report allegations of sexual abuse
or sexual harassment. Locked boxes are accessible for residents to deposit forms or
notes if they choose. Policy does not restrict the facility’s ability to defend against a
lawsuit filed by a resident on the ground that the applicable statute of limitations
has expired.
Provision (c):
The agency shall ensure that—
(1) A resident who alleges sexual abuse may submit a grievance without submitting
it to a staff member who is the subject of the complaint, and
(2) Such grievance is not referred to a staff member who is the subject of the
complaint.
The regular grievance system does not include investigating allegations of sexual
abuse and sexual harassment. Residents are not required to use an informal process
or give the grievance to any staff member regarding allegations of sexual abuse.
The staff member involved in the grievance will not be involved in reporting the
allegation stated in the grievance. To assist in the prompt and proper handling of
the allegation of sexual abuse or sexual harassment, the resident may put the
written allegation in the grievance box or give it to staff if they choose.
The resident handbook informs residents to report allegations of abuse or neglect
through the Florida abuse hotline and the contact information is provided and the
resident is informed that they will have unhindered access to a telephone. Residents
are informed that they should not use the informal process regarding a PREA related
allegation. The locked boxes are accessible for depositing written allegations. The
resident handbook explains the regular grievance system and contains information
regarding reporting allegations of sexual abuse and sexual harassment.
Provision (d):
(1) The agency shall issue a final agency decision on the merits of any portion of a
grievance alleging sexual abuse within 90 days of the initial filing of the grievance.
(2) Computation of the 90-day time period shall not include time consumed by
residents in preparing any administrative appeal.
(3) The agency may claim an extension of time to respond, of up to 70 days, if the
normal time period for response is insufficient to make an appropriate decision. The
agency shall notify the resident in writing of any such extension and provide a date
by which a decision will be made.
(4) At any level of the administrative process, including the final level, if the resident
does not receive a response within the time allotted for reply, including any properly
noticed extension, the resident may consider the absence of a response to be a
denial at that level.
Initial response is required within 48 hours to inform the resident of receipt of the
grievance containing an allegation of sexual abuse and that it has been referred for
investigation. All grievances alleging sexual abuse or sexual harassment will be
referred for an investigation in accordance with policy. The purpose of the
submission of a PREA related grievance provides residents and staff another avenue
for ensuring the reporting of allegations and provides management staff with the
opportunity to protect the resident. There were no Forms received during this audit
period alleging sexual abuse.
Provision (e):
(1) Third parties, including fellow residents, staff members, family members,
attorneys, and outside advocates, shall be permitted to assist residents in filing
requests for administrative remedies relating to allegations of sexual abuse, and
shall also be permitted to file such requests on behalf of residents.
(2) 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.
(3) If the resident declines to have the request processed on his or her behalf, the
agency shall document the resident’s decision.
(4) A parent or legal guardian of a juvenile shall be allowed to file a grievance
regarding allegations of sexual abuse, including appeals, on behalf of such juvenile.
Such a grievance shall not be conditioned upon the juvenile agreeing to have the
request filed on his or her behalf.
When third-party reports of allegations of sexual abuse or sexual harassment are
received, the agency policy for reporting allegations of sexual abuse or sexual
harassment is initiated and a report of an allegation is made as required by policy.
The grievance system does not include a process for facility staff to investigate or
resolve allegations of sexual abuse or sexual harassment. The content of the Form is
reported and an investigation will be conducted by the Department of Juvenile
Justice, Office of the Inspector General and other investigative entities when
appropriate.
Provision (f):
(1) The agency shall establish procedures for the filing of an emergency grievance
alleging that a resident is subject to a substantial risk of imminent sexual abuse.
(2) After receiving an emergency grievance alleging a resident is subject to a
substantial risk of imminent sexual abuse, the agency shall 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, shall provide an initial response within 48 hours, and shall issue a final
agency decision within five calendar days. The initial response and final agency
decision shall document the agency’s determination whether the resident is in
substantial risk of imminent sexual abuse and the action taken in response to the
emergency grievance.
Policy provides for emergency grievances to be responded to within 48 hours. The
response is to inform the resident of the receipt of the Form and the referral for an
investigation. If a written allegation of sexual abuse is received, it is reported by
staff to the appropriate investigative entity or entities. The response to the written
allegation will include measures to ensure safety and also include but not limited to
determining an immediate corrective action that would be implemented within 48
hours where applicable to ensure the safety of the resident.
Provision (g):
The agency may discipline a resident for filing a grievance related to alleged sexual
abuse only where the agency demonstrates that the resident filed the grievance in
bad faith.
A resident may be disciplined when it has been determined that a report alleging
sexual abuse has been made in bad faith. There has not been a grievance
submitted alleging sexual abuse during this audit period.
Resident access to outside confidential support services and legal
115.353
representation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Policy FDJJ 1919, PREA
Posted Information
Collaborative Agreement
Brochure
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.
The interview with the representative from the Sexual Assault Assistance Program
(SAAP) and the Superintendent confirmed the development of and continuation of
services through the Collaborative Agreement between the facility and SAAP. The
advocacy agency representative confirmed the available services that include
accompaniment; 24-hour hotline services; emotional support; referral for legal
support; and assistance with filing for Crime Victims Compensation, if applicable.
The hotline number was tested through a test call by the Auditor; it was
immediately answered and the services explained.
The SAAP provides advocacy services to a catchment area that includes other
counties. The SAAP is a Certified Rape Crisis Program, accredited children's
advocacy center and child protection team. Staff members are trained to provide to
provide confidential support and all services are free, which is also stated on the
colorful brochure. Services are available in languages other than English.
Information is accessible in the facility that are easy to read and graphic;
information is also posted at the telephones. The calls are free and policy and
practice provides staff must let residents use the telephone upon request and there
is guidance to staff on the provision of privacy by keeping resident within the line of
sight but not within earshot. All facility staff receive training regarding
confidentiality.
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, facility staff interviews, and PREA education sessions provide there will be
adherence to confidentiality measures and this information is shared with residents
during PREA education sessions and is included in the advocacy agency brochure.
PREA signage is placed at varying eye levels and are graphic with consistent and
easily read messages. The interviews with the residents revealed seven out of 11
were familiar with the advocacy services. The remaining four thought the
information may be posted on the walls. The interviews confirmed the PREA
information is always on the walls. PREA information is located in the housing areas;
common areas for staff, residents, contractors, volunteers, and visitors; lobby; and
offices.
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 Auditor reviewed the Collaborative Agreement with the Sexual Assault
Assistance Program of the Treasure Coast. The interviews with the advocacy agency
representative and Superintendent and flyers document the availability of advocacy
services including but not limited to emotional support; accompaniment, and
emotional support upon request. The hotline number is accessible to the residents,
based on observations.
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 residents have reasonable and confidential access to attorneys and court
workers and reasonable access to their parents/legal guardians which is supported
by policy, written information to the resident, and resident interviews. During the
comprehensive site review, the Auditor observed areas of visitation for parents/
guardians and private areas for attorneys, court workers, child welfare workers, etc.
All residents interviewed confirmed communication opportunities occur. All visitors
must sign in upon entry into the facility and document the reason for the visit.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility meets this standard.
115.354 Third-party reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Third Party Reporting Information Sheet
Agency Website
Multilingual Posters
Multilingual Pamphlets
Interviews:
Random Staff
Residents
Provision (a):
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.
The Florida Department of Juvenile Justice's website provides the public with
information regarding third-party reporting and the contact information for such of
sexual abuse or sexual harassment. Resident interviews revealed their awareness of
reporting sexual abuse or sexual harassment to others they have contact with
outside of the facility including their parents/legal guardians or community workers.
The agency policy addresses third-party reporting and interviews revealed random
staff members are aware third-party reporting of sexual abuse and sexual
harassment can be done and stated they will be accepted, reported, and
subsequently investigated. Staff members also stated they are to immediately
document all verbal reports received. The interviews revealed reports of allegations
may be made privately, anonymously, and as a third-party through the use of the
abuse reporting hotline, contact with facility or agency staff, and/or completion of a
PREA or other help request form maintained in the facility.
All residents interviewed stated they knew someone who did not work at the facility
they could report to regarding allegations of sexual abuse and that person could
make a report for them, if needed. The interviews with the residents revealed their
knowledge of third-party reporting. The residents identified the methods within the
facility in which they may make third party reports such as complete an PREA/
grievance or other help request form, report to staff or a family member, or utilize
the abuse reporting hotline telephone number.
An abundance of information regarding reporting allegations is provided through
observed postings and other printed materials are located in various areas of the
facility accessible to visitors, residents, staff, contractors and volunteers. The posted
information is posted at varying eye-levels with a consistent message which is easy
to read. The third-party reporting information sheet is also maintained in the lobby
of the facility, available to staff and others who may enter the facility. The third-
party reporting information may also be downloaded from the agency's website.
There were no third- party reports received during this audit period.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance with the standard.
115.361 Staff and agency reporting duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Florida Statute Chapter 39, Section 201
Florida Administrative Code, Rule 63F-11
Interviews:
Random Staff
Superintendent/PREA Compliance Manager
Medical Staff
Mental Health Staff
Provisions (a) and (b):
(a): The agency shall require all staff to report immediately and according to
agency policy any knowledge, suspicion, or information they receive regarding an
incident of sexual abuse or sexual harassment that occurred in a facility, whether or
not it is part of the agency; retaliation against residents or staff who reported such
an incident; and any staff neglect or violation of responsibilities that may have
contributed to an incident or retaliation. (b): The agency shall also require all staff
to comply with any applicable mandatory child abuse reporting laws.
Policy and State law provide that staff report any knowledge, suspicion, information,
or receipt of information regarding an incident or allegation of sexual abuse, sexual
harassment or incidents of retaliation and according to mandatory reporting laws.
The trained agency investigators conduct administrative investigations and
allegations that are criminal in nature are referred to local law enforcement. Staff
members are deemed as mandated reporters by the State. Policy provides guidance
to staff on reporting allegations of sexual abuse and sexual harassment and the
duties of the first responder.
Provision (c):
Apart from reporting to designated supervisors or officials and designated State or
local services agencies, staff shall be prohibited from revealing any information
related to a sexual abuse report to anyone other than to the extent necessary, as
specified in agency policy, to make treatment, investigation, and other security and
management decisions.
Policy addresses confidentiality of information and the conditions for providing
information. After allegations have been appropriately reported, staff will keep the
information confidential regarding what was reported except when necessary
regarding the investigation and treatment and management decisions. Staff also
receive training regarding confidentiality of information.
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 indicated 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 members are mandated reporters and required by the State
to report allegations received regarding sexual abuse and sexual harassment, in
accordance with policy and State law.
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 are made as soon as possible to the investigative entities,
including the Department of Juvenile Justice (DJJ) Central Communications Center,
and parents/legal guardians. Policy and the interview with the Superintendent/PREA
Compliance Manager confirmed that a resident’s case worker rather than a parent
will be notified where indicated by the resident being under the guardianship of the
Florida Department of Children and Families. The resident’s attorney will be notified
within 14 days, in accordance with policy.
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 and include the Office
of the Inspector General (OIG) through the Central Communications Center.
Administrative investigations are conducted by a DJJ/OIG investigator. Allegations
that are criminal in nature are referred for investigation to local law enforcement
and the Florida Department of Children and Families. Third-party and anonymous
reports received must be reported and documented by staff as confirmed through
interviews and the receipt and investigation of an anonymous allegation of sexual
abuse. The interviews and receipt of the anonymous allegation of sexual abuse
confirmed that all allegations are reported to the DJJ Central Communications
Center.
Conclusion:
The review of evidence and interviews indicate the facility is in compliance with this
standard.
115.362 Agency protection duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Screening for Vulnerability, Victimization and Sexually Aggressive Behavior (VSAB)
Interviews:
Superintendent
Random Staff
Residents
Agency Head Designee
Provision (a):
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.
Staff is required to protect the residents through implementing protective measures.
The review of at least 10 VSABs and interviews support that the 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 through housing and program assignments, closer supervision,
and contacting administrators and supervisors to alert them to the need for
implementing immediate protective measures. The expectation is that any action to
protect a resident will be taken immediately as deemed from interviews. During the
intake process, residents are asked about how they feel about their safety as part of
the inquiries by staff completing the VSAB. 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 and interviews, the
Auditor determined the facility is compliant with this standard.
115.363 Reporting to other confinement facilities
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
Agency Policy FDJJ 1919
Interview:
Superintendent
Provisions (a) - (d):
(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. (b): Such
notification shall be provided as soon as possible, but no later than 72 hours after
receiving the allegation. (c): The agency shall document that it has provided such
notification. (d): The facility head or agency office that receives such notification
shall ensure that the allegation is investigated in accordance with these standards.
If an allegation of sexual abuse is received that a resident was sexually abused
while confined at another facility, the Superintendent will notify the head of the
facility 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 Department of Juvenile Justice, Central
Communications Center. The policy and interview support that allegations of sexual
abuse or sexual harassment from a resident regarding his stay in another facility will
be reported and investigated as required. In the past 12 months, there were no
allegations reported of sexual abuse occurring at another facility.
Conclusion:
Based upon the information received and interviews, the Auditor determined the
facility is compliant with this standard.
115.364 Staff first responder duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Coordinated Response Plan
Interviews:
Random Staff
Superintendent
Assistant Superintendents
Provision (a):
Upon learning of an allegation that a resident was sexually abused, the first staff
member to respond to the report shall be required to:
(1) Separate the alleged victim and abuser;
(2) Preserve and protect any crime scene until appropriate steps can be taken to
collect any evidence;
(3) If the abuse occurred within a time period that still allows for the collection of
physical evidence, request that the alleged victim not take any actions that could
destroy physical evidence, including, as appropriate, washing, brushing teeth,
changing clothes, urinating, defecating, smoking, drinking, or eating; and
(4) If the abuse occurred within a time period that still allows for the collection of
physical evidence, ensure that the alleged abuser does not take any actions that
could destroy physical evidence, including, as appropriate, washing, brushing teeth,
changing clothes, urinating, defecating, smoking, drinking, or eating.
The interviews and review of the Coordinated Response Plan and incident report
support the familiarity with appropriate intervention. There was one allegation of
sexual harassment and one allegation of sexual abuse. Policy and training provide
that upon learning of an allegation that a resident was sexually abused the general
staff response basically includes the following:
a. Separate the victim and alleged abuser.
b. Preserve and protect the scene until appropriate steps can be taken to collect any
evidence.
c. Request that the alleged victim not take any actions that could destroy physical
evidence.
d. Take actions to ensure the alleged abuser does not take any actions that could
destroy physical evidence.
e. Ensure the safety of the victim.
f. Make the required notifications.
Provision (b):
If the first staff responder is not a security staff member, the responder shall be
required to request that the alleged victim not take any actions that could destroy
physical evidence, and then notify security staff.
The non-security staff who may act as a first responder will request that physical
evidence be preserved and contact direct care staff for assistance. There were no
allegations or incidents where a non-security staff member had to act as a first
responder in the last 12 months.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this standard.
115.365 Coordinated response
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Coordinated Response Plan
Interviews:
Random Staff
Superintendent
Provision (a):
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.
The Coordinated Response Plan to be implemented in the event of an allegation or
incident of sexual abuse outlines the actions of the identified staff members in
general and the plan’s format identifies each step and roles such as the first
responder; supervisors; medical; mental health; and management staff; and when
to contact such. Policy provides guidance to staff regarding the actions to take when
there is an alleged incident of sexual abuse. Staff members interviewed were
familiar with their roles regarding the response to an allegation of sexual abuse.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with the standard.
Preservation of ability to protect residents from contact with
115.366
abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
Master Contract, The State of Florida and The Florida Public Employees Council 79
Interview:
Agency Head Designee
Provisions (a) and (b):
(a): Neither the agency nor any other governmental entity responsible for collective
bargaining on the agency’s behalf shall enter into or renew any collective
bargaining agreement or other agreements that limits the agency’s ability to
remove alleged staff sexual abusers form contact with residents pending the
outcome of an investigation or of a determination of whether and to what extent
discipline is warranted. (b): Nothing is this standard shall restrict the entering into
on renewal of agreements that govern: (1) The conduct of the disciplinary process,
at long as such agreements are not inconsistent with the provisions of §115.372 and
§115.376; or (2) Whether a no-contact assignment that is imposed pending the
outcome of an investigation shall be expunged from or retained in the staff
member’s personnel file following a determination that the allegation of sexual
abuse is not substantiated.
The agency has not renewed any collective bargaining agreements that limits the
agency’s ability to remove alleged staff sexual abusers form contact with residents
pending the outcome of an investigation or of a determination of whether and to
what extent discipline is warranted. There is nothing in the standard that limits
renewal of agreements that govern the disciplinary process following investigations
or whether a no-contact is imposed pending the outcome of an investigation shall
be expunged from or retained in the staff member’s personnel file following a
determination that the allegation of sexual abuse is not substantiated.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.367 Agency protection against retaliation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Retaliation Monitoring Forms
Interviews:
Retaliation Monitor
Superintendent
Random Staff
PREA Coordinator/Agency Head Designee
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 Assistant Superintendents are
responsible for conducting or ensuring retaliation monitoring occurs. The Retaliation
Monitoring form is used to document the monitoring activities.
The retaliation monitor is familiar with the role of retaliation monitor and its
purpose. A sample of Retaliation Monitoring forms were reviewed by the Auditor.
The form documents whether the individual has been threatened or been treated
unfairly. Any reported maltreatment must be described on the form. The written
policy also provides for the review of housing changes and removal of alleged staff
or youth from contact with victims.
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 that fear retaliation for reporting sexual abuse or sexual harassment or for
cooperating with investigations.
Protective measures were generally identified during the interviews with random
staff, PREA Coordinator, Superintendent, and retaliation monitor and were aligned
with policy. According to the interviews the collective protective measures include
housing changes for resident victims or abusers; removing alleged staff or resident
abusers from contact with victims; changes in shift or other assignments for staff;
changes in days off; single room status for resident; and transferring resident or
staff, if needed. The retaliation monitoring is documented on the dedicated
Retaliation monitoring form and follow-up checks with the parties involved ensure
safe feelings and identifies whether retaliation is occurring. The interviews and
documented checks confirmed the measures to protect residents and staff from
retaliation by others.
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 and practice provide that the monitoring occurs for at least 90 days to see if
there are any changes that may suggest possible retaliation is occurring. The
monitoring period may last longer if needed, according to the retaliation monitor
and policy. The interview identified items that are monitored to assess retaliation
occurring included but were not limited to program and housing changes; shift
assignments; review of behavior points; call-outs; staff and resident interactions;
resident to resident interactions; and the demeanors of staff and/or residents.
Provision (d):
In the case of residents, such monitoring shall also include periodic status checks.
Policy and the interview with the retaliation monitor indicate that status checks will
occur as a part of retaliation monitoring where there is face-to-face contact. The
dedicated monitoring form and the interview with the retaliation monitor revealed
that initial contact is made and there are follow-up checks; all are documented.
Provision (e):
If any other individual who cooperates with an investigation expresses a fear of
retaliation, the agency shall take appropriate measures to protect that individual
against retaliation.
Policy encompasses those who cooperate with an investigation if there is a concern
regarding retaliation. The interview with the retaliation monitor indicated the
appropriate measures are taken to protect any related individuals against
retaliation.
Provision (f):
An agency’s obligation to monitor shall terminate if the agency determines that the
allegation is unfounded.
The obligation to monitor for retaliation terminates, in accordance with policy, if it is
determined the allegation is unfounded. The interview determined familiarity with
the requirements regarding retaliation monitoring policy.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.368 Post-allegation protective custody
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
Agency Policy FDJJ 1919
Interviews:
Superintendent
Medical Staff
Mental Health Staff
Provision (a):
The 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.
Segregated housing or protective custody is not used in the facility to protect
residents who alleged to have suffered sexual abuse. The interviews were aligned
with this premise.
Conclusion:
Based upon the review of Policy, interviews, and observations, the Auditor
determined the facility is compliant with this standard.
115.371 Criminal and administrative agency investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Training Curriculum
PREA Compliance Form
Incident Reports
Investigation Report
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
Investigative Staff
Provision (a):
When the agency conducts its own investigations into allegations of sexual abuse
and sexual harassment, it shall do so promptly, thoroughly, and objectively for all
allegations, including third-party and anonymous reports.
The administrative investigations are conducted by the investigators with the
Florida Department of Juvenile Justice (DJJ), Office of Inspector General (OIG). Based
on policies 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). The facility staff report all allegations through the DJJ Central
Communications Center. Investigations are conducted thoroughly and objectively
and the agencies’ Policy provides for the training of the DJJ investigators. There were
two allegations during this audit period. One allegation of resident-on-resident
sexual harassment was closed as Information Only after an administrative
investigation; closed as Unfounded at the conclusion of the criminal investigation;
and closed with no services recommended by DCF. The other is an allegation of
resident-on-resident sexual abuse which is still open.
Provisions (b) and (c):
(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. (c): Investigators shall gather and preserve direct and
circumstantial evidence, including any available physical and DNA evidence and any
available electronic monitoring data; shall interview alleged victims, suspected
perpetrators, and witnesses; and shall review prior complaints and reports of sexual
abuse involving the suspected perpetrator.
The DJJ investigative staff is trained through the OIG. The DJJ Investigator will turn
over any evidence found to law enforcement investigators since they generally do
not handle direct evidence. The DJJ investigators will assist law enforcement and
among other activities, may review video; gather witness statements; and review
logs during the administrative investigation of the allegation. The law enforcement
investigator and/or qualified medical practitioner are responsible for collecting direct
physical and DNA evidence.
The facility staff and DJJ investigators are trained on how to assist in preserving
general evidence. The DJJ, provides each facility with the PREA Form, through the
OIG, 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 the provision 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 training, and in accordance with policy. According to the previously
interview with investigation 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):
(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.
(h): Criminal investigations shall be documented in a written report that contains a
thorough description of physical, testimonial, and documentary evidence and
attaches copies of all documentary evidence where feasible.
The previous interviews with investigative staff support that PREA investigations
include an effort to determine whether staff actions or failures to act contributed to
the abuse. Investigations in all facilities are completed with written reports that
include a description of the evidence and investigative facts and findings as gleaned
from the previous interview with the investigation 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 as
described by the investigations staff.
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.
Provision (j):
The agency shall retain all written reports referenced in paragraphs (g) and (h) of
this section for as long as the alleged abuser is incarcerated or employed by the
agency, plus five years, unless the abuse was committed by a juvenile resident and
applicable law requires a shorter period of retention.
The written investigative reports are maintained for as long as the alleged abuser is
incarcerated or employed by the agency, plus five years as stated in policy.
Provision (k):
The departure of the alleged abuser or victim from the employment or control of the
facility or agency shall not provide a basis for terminating an investigation.
The interviews and documentation confirmed that upon the start of an investigation,
it will not end until the investigation has been completed. The departure of the
alleged abuser or victim from the employment or control of the facility will not
terminate the investigation.
Provision (l):
Any State entity or Department of Justice component that conducts such
investigations shall do so pursuant to the above requirements.
The investigative agencies are aware of the PREA standards requirements through
the initial sharing of PREA information, PREA Compliance Form which is provided to
outside investigators, and subsequent interactions through investigations.
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.
Policy and interviews indicate that staff cooperate with investigators and that the
agency/facility is kept informed of the progress of an investigation. The
Superintendent maintains contact with the PREA Coordinator and agency
investigators as needed. The OIG has communication with the outside investigative
entities and the PREA Coordinator and Superintendent are kept in the loop.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this standard.
115.372 Evidentiary standard for administrative investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
Agency Policy FDJJ 1919
Investigation Report
Interview:
Investigative Staff
Provision (a):
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 Florida Department of Juvenile Justice/Office of Inspector General, responsible
for administrative investigations, imposes a standard of a preponderance of the
evidence for determining whether allegations are substantiated. The interview and
policy was aligned.
Conclusion:
Based upon the review and analysis of the evidence, the Auditor determined the
facility is compliant with this standard.
115.373 Reporting to residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Notification Letter
Interviews:
Superintendent
Assistant Superintendent
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. There has not been a completion of an
investigation alleging sexual abuse during this audit period. The notification will be
made to the resident by the Superintendent or Assistant Superintendent.
Provision (b):
If the agency did not conduct the investigation, it shall request the relevant
information from the investigative agency in order to inform the resident.
The Superintendent remains abreast of an investigation conducted by law
enforcement or the Department of Juvenile Justice/Office of Inspector General
Investigator and/or the PREA Coordinator and will be provided a copy of completed
investigations. The results of the investigation will be provided to the resident by
the Superintendent or an Assistant Superintendent.
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.
The Superintendent is familiar with policy requirements. Policy requires that
following a resident’s allegation that a staff member committed sexual abuse
against a 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 posted 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 in the
facility; and/or
d. The staff member has been convicted on a charge related to sexual abuse in the
facility.
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 of being sexually abused by
another resident the alleged victim shall be informed whenever:
a. The alleged abuser is criminally charged related to the sexual abuse.
b. The alleged abuser is adjudicated on a charge related to sexual abuse within the
facility.
The Superintendent is familiar with the requirements of the Policy and the Standard
provisions.
Provision (e):
All such notifications or attempted notifications shall be documented.
Policy provides for the notification to the resident be documented. The
Superintendent is familiar with the requirements of policy and PREA requirements.
The investigation alleging sexual abuse is still open. However, evidence was
reviewed outside of this audit period where written notification of the outcome of an
investigation was provided to a youth.
Provision (f):
An agency’s obligation to report under this standard shall terminate if the resident is
released from the agency’s custody.
The FDJJ Policy provides that the agency’s obligation to report under this standard
terminates if the resident is released from the agency’s custody. All notifications or
attempted notifications are documented.
Conclusion:
The interviews and review of Policy and other documentation confirmed the facility
is compliant with this standard.
115.376 Disciplinary sanctions for staff
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Incident Reports
Interviews:
Superintendent
Assistant Superintendents
Provision (a):
Staff shall be subject to disciplinary sanctions up to and including termination for
violating agency sexual abuse or sexual harassment policies.
Policy and the interview support that staff be subject to disciplinary sanctions up to
and including termination for violating facility sexual abuse or sexual harassment
policies. One staff member was terminated regarding the resident-on-resident
sexual abuse allegation due to the violation of policy about the supervision of
residents.
Provision (b):
Termination shall be the presumptive disciplinary sanction for staff who has
engaged in sexual abuse.
Termination is the presumptive disciplinary sanction for staff who has engaged in
sexual abuse with a resident. The interviews were aligned with agency policy. There
were no allegations of sexual abuse by a staff member during this audit period.
Provision (c):
Disciplinary sanctions for violations of agency policies relating to sexual abuse or
sexual harassment 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.
Any staff with findings other than actually engaging in sexual abuse will be subject
to termination, and other measures appropriate to the circumstance of the incident
and the other components of the provision and remedial in-service if permitted to
return to work, in accordance with policy. 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.
Provision (d):
All terminations for violations of agency sexual abuse or sexual harassment policies,
or resignations by staff who would have been terminated if not for their resignation,
shall be reported to law enforcement agencies, unless the activity was clearly not
criminal, and to any relevant licensing bodies.
Policy provides that terminations for violations of the facility’s sexual abuse or
sexual harassment policies or resignations by staff that would have been terminated
if not for their resignation, will be reported to law enforcement, unless the activity is
clearly not criminal. In addition, such will be reported to relevant licensing bodies.
No staff member has been terminated for violating the facility’s sexual abuse or
sexual harassment policies by engaging in such with residents during this audit
period. One staff member was terminated due to violating policy related to the
supervision of residents.
Conclusion:
Based upon the review of documentation and the 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
Document:
Agency Policy FDJJ 1919
Interviews:
Contractors
Volunteers
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 provides for contractors and volunteers who engage in sexual abuse with a
resident to be reported to law enforcement and to relevant licensing bodies.
Documentation and interviews with contractors and the volunteer confirm
contractors and volunteers receive a clear understanding that sexual misconduct
with a resident is prohibited. Any contractor or volunteer who violates the agency’s
sexual abuse or sexual harassment policies is prohibited from contact with
residents. During this audit period, there have been no allegations of sexual abuse
or sexual harassment regarding a contractor or volunteer.
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 interview with the Superintendent revealed that the measure taken includes
prohibiting further contact with residents and termination of services in the case of
any violation of the sexual abuse and sexual harassment policies by a contractor or
volunteer. In the past 12 months and beyond, no contractors or volunteers were
reported for allegations of sexual abuse or sexual harassment.
Conclusion:
Based upon the review of the documentation and interviews, 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:
Agency Policy FDJJ 1919
Resident Handbook
Interviews:
Superintendent
Mental Health Staff
Medical Staff
Provision (a):
A resident may be subject to disciplinary sanctions only pursuant to a formal
disciplinary process following an administrative finding that the resident engaged in
resident-on-resident sexual abuse or following a criminal finding of guilt for resident-
on-resident sexual abuse.
Policies support that an administrative process exists for dealing with violations and
that residents be held accountable for their actions. Residents may be subject to
disciplinary sanctions only after formal proceedings regarding resident-on-resident
sexual abuse. Residents found in violation of facility rules are subject to sanctions
pursuant to a formal process. The consequences will be administered through the
administrative system, encompassing the behavior management system.
Allegations of sexual abuse are referred for an investigation to the appropriate
investigative entities and may result in the resident being removed from the facility.
Agency policy prohibits sexual activity between residents.
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.
Policy considers that disciplinary sanctions, applicable to the offense, are
commensurate with the nature and circumstances of the offense committed;
considers resident’s disciplinary history; considers similar disciplinary history of
other residents. The interview with the Superintendent supported there is
consideration of mental disabilities or mental illness contributing to the behavior.
PREA related violations may result in charges filed and the residents separated.
Allegations of sexual abuse are referred for an investigation to the appropriate
investigative entities.
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. The interviews revealed that the disciplinary process is
intertwined with the behavior management system.
Provision (d):
If the facility offers therapy, counseling, or other interventions designed to address
and correct underlying reasons or motivations for the abuse, the facility shall
consider whether to offer the offending resident participation in such interventions.
The agency may require participation in such interventions as a condition of access
to any rewards-based behavior management system or other behavior-based
incentives, but not as a condition to access to general programming or education.
The facility will consider whether to offer the offending resident intervention
services designed to address and correct underlying reasons or motivations for the
abuse participation, based on the interview with the mental health staff. The facility
will not require participation in such interventions as a condition for participation in
the behavior management system or to access general programming or education
as determined from the interview. Mental health staff members are equipped to
develop treatment planning and interventions to address underlying reasons or
motivations for the abuse with alleged victims and offending residents.
Provision (e):
The agency may discipline a resident for sexual contact with staff only upon a
finding that the staff member did not consent to such contact.
Policy and procedures support that a resident may be disciplined for sexual contact
with staff only upon a finding that the staff member did not consent to such contact.
There has not been any such incident during the past year and beyond.
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.
Any resident reporting in good faith shall be immune from any civil or criminal
liability. A report of sexual abuse made in good faith based on the belief that the
alleged incident occurred does not constitute falsely reporting an incident or lying,
even if an investigation does not establish evidence sufficient to substantiate the
allegation.
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. Referrals are made to the investigative
entities and court processes occur after determination the sexual activity was
coerced.
Conclusion:
Based on the available evidence and interviews, the Auditor concluded the facility is
compliant with the standard.
115.381 Medical and mental health screenings; history of sexual abuse
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Screening for Vulnerability, Victimization and Sexually Aggressive Behavior (VSAB)
Mental Health/Substance Abuse Referral Summary
Interviews:
Medical Staff
Mental Health Staff
Staff Responsible for Risk Screening
Provisions (a) and (b):
(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. (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 practice provide that a resident be referred to mental health or medical
staff within 14 days if identified as having been a victim or perpetrator of sexual
abuse. The interviews with clinical staff and review of documents revealed when the
issues are identified upon admission, the documented referral is routinely made the
same day, always well within 14 days, and the resident seen by mental health staff
within 24 hours.
Provision (c):
Any information related to sexual victimization or abusiveness that occurred in an
institutional setting shall be strictly limited to medical and mental health
practitioners and other staff, as necessary, to inform treatment plans and security
and management decisions, including housing, bed, work, education, and program
assignments, or as otherwise required by Federal, State, or local law.
Policy supports that no information is to be shared with other staff unless it is
required for security and management decisions regarding sexual abuse history.
Information related to sexual victimization or abusiveness that occurred in an
institutional setting is limited to clinical and treatment staff and to other staff, based
on their need to know, to make effective management decisions. During the onsite
review, the files were observed to be maintained in a secure manner in locked file
cabinets within the locked clinic. The clinic also has a small foyer upon entrance to
the clinic, where the records are not kept, and one must be admitted by nursing
staff beyond that point. Electronic records are password protected and the agency
has a virtual private network which is also password protected with limited and
identified access. The keys to the clinic are within the key control system with
limited access.
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 addresses informed consent being obtained for residents 18 years or over
prior to clinical personnel reporting information disclosed about prior sexual
victimization that did not occur in an institutional setting. The mental health and
medical staff interviewed expressed an understanding of the use of informed
consent. The mental health staff stated the use of informed consent will be
documented in the case notes and the medical staff stated it will be documented in
the nurse's notes.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.382 Access to emergency medical and mental health services
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Coordinated Response Plan
Chronological Progress Notes
Crisis Assessment
Interviews:
Mental Health Staff
Medical Staff
Provision (a):
Resident victims of sexual abuse shall receive timely, unimpeded access to
emergency medical treatment and crisis intervention services, the nature and scope
of which are determined by medical and mental health practitioners according to
their professional judgment.
The interviews and policy support the alleged victim receives timely and unimpeded
access to emergency medical treatment and crisis intervention services. The
interviews were aligned with policy including that the nature and scope of their
services are determined according to their professional judgment. Residents are
informed of clinical services and meet with those practitioners and are provided
services during the intake process and throughout their stay in the facility. The
resident that alleged sexual abuse was no longer in the facility during the onsite
audit phase. Documentation demonstrates the alleged victim's receipt of
emergency medical and mental health services onsite and a forensic medical
examination at the hospital. The examination was performed at no cost to the
victim, in accordance with policy, in response to an allegation of sexual abuse.
Observations and review of documentation revealed medical and mental health
staff members maintain secondary materials and documentation of encounters with
residents at the facility.
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.
Interviews, Chronological Progress Notes, Crisis Assessment, and the Coordinated
Response Plan reveal residents have access to unimpeded access to emergency
services. Policy and the Coordinated Response Plan provide guidance to staff in
protecting residents and for contacting the appropriate staff and agencies regarding
allegations or incidents of sexual abuse, including contacting treatment staff and
investigative entities. Staff has access to on-call lists for staff. The medical staff
consists of nursing staff, including a Nurse Manager; a physician who visits the
facility weekly; and a Nurse Practitioner that visits the facility every Saturday and
Sunday. The mental health staff includes a mental health authority, therapists; and
a psychiatrist through weekly telehealth sessions.
A review of the documentation; observations of the interactions among residents
and staff during the onsite audit phase; and the interviews indicated unimpeded
medical and crisis intervention services are available to an alleged victim of sexual
abuse. Regular and specialized training also prepare staff members to properly
report sexual abuse, protect the alleged victim, and notify the appropriate staff and
investigative entities.
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.
Policy, review of documentation and interviews confirmed processes and services
are in place for an alleged victim to receive timely access to sexually transmitted
infection prophylaxis, where medically appropriate. If needed after an incident,
follow-up services may be provided by the facility’s medical and mental health staff
members to provide support services coordinated by staff as needed. The standard
of care within the facility ensures the appropriate medical and mental health follow-
up as needed. The mental health staff interview revealed follow-up services for
mental health include weekly check-ins; reiteration of coping skills; and the
provision of safe and confidential space to talk about the incident. Follow-up medical
services include medication management and other medical interventions as
needed according to medical staff. A need for medical services was not indicated
following the forensic medical examination.
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 interviews and policy provide treatment services are provided to the victim
without financial cost to the victim regardless of whether the victim names the
abuser, or cooperate with any investigation arising out of the incident.
Conclusion:
Based on the evidence reviewed and interviews, the Auditor determined the facility
is compliant with this standard.
Ongoing medical and mental health care for sexual abuse victims
115.383
and abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
Agency Policy FDJJ 1919
Interviews:
Medical Staff
Mental Health Staff
Provision (a):
The facility shall offer medical and mental health evaluation and, as appropriate,
treatment to all residents who have been victimized by sexual abuse in any prison,
jail, lockup, or juvenile facility.
The policy, Crisis Assessment, and interviews support that medical and mental
health evaluation and treatment is provided to alleged resident victims and victims
of sexual abuse. Follow-up mental health and medical services will be provided that
include but are not limited to counseling services and medication management.
Additional onsite treatment services and referral services as needed will be
provided. Health education sessions are conducted with the residents by nursing
staff.
Provision (b):
The evaluation and treatment of such victims shall include, as appropriate, follow-up
services, treatment plans, and, when necessary, referrals for continued care
following their transfer to, or placement in, other facilities, or their release from
custody.
Interviews and documentation of encounters confirm on-going medical and mental
health care will be provided as appropriate and will include but not be limited to the
development of treatment plans; evaluations, and clinical follow-up and referrals as
needed. Specialized treatment may also be provided by clinicians on site and
through contract and referral services. Medical staff ensures medical discharge
orders will be followed.
Provision (c):
The facility shall provide such victims with medical and mental health services
consistent with the community level of care.
Review of policies and other documentation and interviews during the site review
indicated medical and mental health services are consistent with the community
level of care. Treatment services may be provided by facility staff and contract
services if needed. The interviews and observations during the site review
emphasized the treatment services at the facility are consistent with the community
level of care.
Provision (d):
Resident victims of sexually abusive vaginal penetration while incarcerated shall be
offered pregnancy tests.
The interview with medical staff and policy confirm timely information will be
provided to a victim regarding a pregnancy test. Access to services are provided to
female residents. The nursing staff also provides health education to the residents.
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 with the medical and mental health staff and policy confirm timely
information will be provided by nursing staff to a victim regarding legal pregnancy
related services as soon as there is knowledge of the pregnancy. Pregnancy was not
of any consideration due to the allegation of sexual abuse during this audit period.
Provision (f):
Resident victims of sexual abuse while incarcerated shall be offered tests for
sexually transmitted infections as medically appropriate.
The interviews and policy ensure that victims of sexual abuse will be provided tests
for sexually transmitted infections as medically appropriate as confirmed by medical
and mental health staff. Pregnancy was not of any consideration due to the
allegation of sexual abuse during this audit period.
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 and whether or not
the victim names the abuser of cooperates with the investigation, according to
policy and the 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.
A resident gets a mental health crisis assessment within 24 hours upon staff
learning of resident-on-resident abuse history or allegation and offer appropriate
treatment where indicated. Policy provides for the mental health evaluation to be
conducted within 60 days. Contract psychiatric services are available to residents as
referred by clinical staff.
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
Document:
Agency Policy FDJJ 1919
Interviews:
Incident Review Team Member
Superintendent/PREA Compliance Manager
Assistant Superintendent
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.
The facility is required to conduct a sexual abuse incident review at the conclusion
of an investigation, unless the allegation was unfounded. The interviews reflected
an understanding of the role of the incident review team. A review of policy,
documentation and interviews confirmed incident reviews will be conducted
regarding the investigation of an allegation of sexual abuse, unless unfounded and
in accordance with the policy and standard. The statewide PREA Coordinator
facilitates the incident review team meetings. There were no incident review team
meetings during this audit period. There was an allegation of sexual abuse during
this audit period and that case is still open. The other case was an allegation of
sexual harassment which was identified as Information Only through an
administrative investigation and Unfounded as a result of the criminal investigation.
Provision (b):
Such review shall ordinarily occur within 30 days of the conclusion of the
investigation.
Policy requires that the review occurs within 30 days of the conclusion of the
investigation. The interviews confirmed incident reviews will occur. The interviews
revealed knowledge of the purpose of the incident review process and the timeline.
There were no substantiated or unsubstantiated allegations of sexual abuse during
this audit period.
Provision (c):
The incident review team shall include upper-level management officials, with input
from line supervisors, investigators, and medical or mental health practitioners.
Policy and interviews collectively identify members of the incident review team. The
statewide PREA Coordinator facilitates the incident review team meeting. Members
of the team are identified, in accordance with policy. There will also be input from
line supervisors and other staff as needed. The Department of Juvenile Justice/Office
of Inspector General investigator may also participate in the incident review.
Additional staff members will attend the meeting as needed, related to the incident.
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 policy and interviews collectively outline the requirements of the standard for
the areas to be assessed by the incident review team. The interviews and review of
policy confirmed the incident review team is charged with considering the factors
identified in this standard provision regarding the results of the investigation. The
incident review process is documented and is facilitated by the statewide PREA
Coordinator. The written report also includes any recommendations for
improvement confirmed by the agency's documented practice.
Provision (e):
The facility shall implement the recommendations for improvement, or shall
document its reasons for not doing so.
Policy indicates the reasons for not following recommendations are documented.
The interviews revealed familiarity with policy requirements. The incident review
process allows for the assessment of the circumstances surrounding the incident. A
format for documenting the incident review process has been developed by the
PREA Coordinator and includes recommendations where indicated as determined
from a review of documentation of reports from other facilities.
Conclusion:
Based upon the review of policy and other documentation and interviews, the
Auditor determined the facility is compliant with this standard.
115.387 Data collection
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Agency Policy FDJJ 2020, Incident Operations Center and Incident Reviews
Agency Data Logs
Interviews:
Superintendent
PREA Coordinator
Provisions (a) and (c):
(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. (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.
Policy provides 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.
The agency aggregates the incident-based, uniform data regarding allegations of
sexual abuse and sexual harassment. The aggregated data contributes to the
development of the annual reports for the agency which is supported by the
reviewed data and policy.
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 data is collected and various types of data are identified and related documents
regarding PREA information as applicable. Policy requires that statistical information
is maintained for various service areas and occurrences, including major incidents
and medical and mental health emergencies. The agency collects and maintains
data for state-run and contract facilities and aggregates the data which culminates
into the agency’s annual reports. The data is maintained securely, including on the
agency's virtual private network.
Provision (e):
The agency also shall obtain incident-based and aggregated data from every private
facility with which it contracts for the confinement of its residents.
The agency collects and maintains data for state-run and contract facilities and
aggregates the data which culminates into the annual report. The data is collected
from the contract facilities and is included in the agency’s annual reports. The data
is aggregated at the agency’s central office level.
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.
Upon request, the facility completes all such data from the previous calendar year
and submits to the Department of Justice in a timely manner based on the year of
the most recent version of the Survey of Sexual Victimization.
Conclusion:
Based upon the review and analysis of the documentation and the interviews, 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:
Agency Policy FDJJ 1919
Annual Reports
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator/Agency Head Designee
Provision (a):
The agency shall review data collected and aggregated pursuant to §115.387 in
order to assess and improve the effectiveness of its sexual abuse prevention,
detection, and response policies, practices, and training, including:
(1) Identifying problem areas;
(2) Taking corrective action on an ongoing basis; and
(3) Preparing an annual report of its findings and corrective actions for each facility,
as well as this agency as a whole.
The interviews support the review of data and its use to improve the agency’s PREA
initiatives and maintain compliance. The interviews and review of documentation
revealed the collection of various types of data, including PREA related information.
Data is reviewed to assess and improve the effectiveness of prevention, detection
and response within the agency as well as individual facilities. The data is also
primary to preparing annual reports.
Provisions (b)-(d):
(b): Such report shall include a comparison of the current year’s data and corrective
actions with those from prior years and shall provide an assessment of the agency’s
progress in addressing sexual abuse. (c): The agency’s report shall be approved by
the agency head and made readily available to the public through its website or, if it
does not have one, through other means. (d): The agency may redact specific
material from the reports when publication would present a clear and specific threat
to the safety and security of a facility, but must indicate the nature of the material
redacted.
The annual report is prepared by the statewide PREA Coordinator for the agency
and includes data from all state-run and contract facilities within the agency. The
annual reports are approved by the agency head. There are no personal identifiers
in the report. The annual report contains PREA related data that represents previous
calendar years allowing for the comparison of data. The overarching annual report
for the agency is posted on the agency’s website, accessible to the public.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor determined
the agency is compliant with this standard.
115.389 Data storage, publication, and destruction
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Annual Reports
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
Provisions (a)-(d):
(a): The agency shall ensure that data collected pursuant to §115.387 are securely
retained. (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. (c): Before making aggregated sexual abuse data
publicly available, the agency shall remove all personal identifiers. (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.
All data collected is securely stored and maintained for at least 10 years after the
date of collection unless a law requires otherwise, in accordance with agency policy.
Personal identifiers are removed from aggregated data before making the data
publicly available. The annual report is available to the public through the DJJ
agency website. A review of the annual report verified there are no personal
identifiers. All facility and agency records such as medical, mental health,
allegations, risk screenings are securely stored in locked cabinets behind locked
doors within the facility's key control system through assigned and documented key
control system. Electronic records are password protected with identified and
limited access on the agency's customized virtual website.
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 PREA Pre-Audit Questionnaire and supporting documentation was initially
completed in the online audit system. The Auditor was provided additional
information onsite, as requested. During the post audit phase, the regional staff
provided the Auditor with evidence that supplemented the initial evidence provided.
The Florida Department of Juvenile Justice (DJJ) PREA Coordinator ensured the
completion of PREA audits for each State-run, including this facility, and contract
facility as required.
The comprehensive site review was led by the Superintendent and other facility and
regional staff; all areas of the program were included in the site review. Detailed
observations were conducted of the living units and program areas. The areas
containing posted information were observed, including the areas where private
visitation is conducted. The Superintendent, Assistant Superintendents, regional
staff, and DJJ statewide PREA Coordinator were cooperative in providing information
and participating in or assisting in coordinating the interviews.
All interviews were conducted in private with the residents and staff. The PREA
notices provided the general information and included instructions and Auditor
contact information regarding how to provide confidential information to the Auditor.
The facility has a process in place for confidential correspondence for the residents
however no correspondence was received by the Auditor from residents, staff,
contractors, or other interested parties. During the interview process, the Auditor
informed the participant to contact her through the posted notice contact
information if any retaliation was encountered due to their being involved in the
interview.
115.403 Audit contents and findings
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Annual Reports
Interviews:
Superintendent
PREA Coordinator
Provision (f):
The agency shall ensure that the auditor’s final report is published on the agency’s
website if it has one, or is otherwise made readily available to the public.
The posted PREA reports do not contain any personal identifying information other
than names and/or job titles of leadership staff. The agency policies and facility
operating procedures, supporting documentation, practices and interviews were
reviewed regarding compliance with the standards and have been identified in the
reports. The audit findings were based on a review of policies, procedures,
supporting documentation, observations, and interviews. There were no conflicts of
interest regarding the completion of this audit.
Appendix: Provision Findings
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(a) coordinator
Does the agency have a written policy mandating zero tolerance yes
toward all forms of sexual abuse and sexual harassment?
Does the written policy outline the agency’s approach to yes
preventing, detecting, and responding to sexual abuse and sexual
harassment?
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(b) coordinator
Has the agency employed or designated an agency-wide PREA yes
Coordinator?
Is the PREA Coordinator position in the upper-level of the agency yes
hierarchy?
Does the PREA Coordinator have sufficient time and authority to yes
develop, implement, and oversee agency efforts to comply with
the PREA standards in all of its facilities?
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(c) coordinator
If this agency operates more than one facility, has each facility yes
designated a PREA compliance manager? (N/A if agency operates
only one facility.)
Does the PREA compliance manager have sufficient time and yes
authority to coordinate the facility’s efforts to comply with the
PREA standards? (N/A if agency operates only one facility.)
115.312
Contracting with other entities for the confinement of residents
(a)
If this agency is public and it contracts for the confinement of its yes
residents with private agencies or other entities including other
government agencies, has the agency included the entity’s
obligation to adopt and comply with the PREA standards in any
new contract or contract renewal signed on or after August 20,
2012? (N/A if the agency does not contract with private agencies
or other entities for the confinement of residents.)
115.312
Contracting with other entities for the confinement of residents
(b)
Does any new contract or contract renewal signed on or after yes
August 20, 2012 provide for agency contract monitoring to ensure
that the contractor is complying with the PREA standards? (N/A if
the agency does not contract with private agencies or other
entities for the confinement of residents OR the response to
115.312(a)-1 is "NO".)
115.313
Supervision and monitoring
(a)
Does the agency ensure that each facility has developed a staffing yes
plan that provides for adequate levels of staffing and, where
applicable, video monitoring, to protect residents against sexual
abuse?
Does the agency ensure that each facility has implemented a yes
staffing plan that provides for adequate levels of staffing and,
where applicable, video monitoring, to protect residents against
sexual abuse?
Does the agency ensure that each facility has documented a yes
staffing plan that provides for adequate levels of staffing and,
where applicable, video monitoring, to protect residents against
sexual abuse?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
prevalence of substantiated and unsubstantiated incidents of
sexual abuse?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring:
Generally accepted juvenile detention and correctional/secure
residential practices?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
judicial findings of inadequacy?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
findings of inadequacy from Federal investigative agencies?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
findings of inadequacy from internal or external oversight bodies?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: All
components of the facility’s physical plant (including “blind-spots”
or areas where staff or residents may be isolated)?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
composition of the resident population?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
number and placement of supervisory staff?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring:
Institution programs occurring on a particular shift?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
applicable State or local laws, regulations, or standards?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
other relevant factors?
115.313
Supervision and monitoring
(b)
Does the agency comply with the staffing plan except during yes
limited and discrete exigent circumstances?
In circumstances where the staffing plan is not complied with, na
does the facility fully document all deviations from the plan? (N/A
if no deviations from staffing plan.)
115.313
Supervision and monitoring
(c)
Does the facility maintain staff ratios of a minimum of 1:8 during yes
resident waking hours, except during limited and discrete exigent
circumstances? (N/A only until October 1, 2017.)
Does the facility maintain staff ratios of a minimum of 1:16 during yes
resident sleeping hours, except during limited and discrete
exigent circumstances? (N/A only until October 1, 2017.)
Does the facility fully document any limited and discrete exigent yes
circumstances during which the facility did not maintain staff
ratios? (N/A only until October 1, 2017.)
Does the facility ensure only security staff are included when yes
calculating these ratios? (N/A only until October 1, 2017.)
Is the facility obligated by law, regulation, or judicial consent yes
decree to maintain the staffing ratios set forth in this paragraph?
115.313
Supervision and monitoring
(d)
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The staffing plan established
pursuant to paragraph (a) of this section?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: Prevailing staffing patterns?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The facility’s deployment of
video monitoring systems and other monitoring technologies?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The resources the facility has
available to commit to ensure adherence to the staffing plan?
115.313
Supervision and monitoring
(e)
Has the facility implemented a policy and practice of having yes
intermediate-level or higher-level supervisors conduct and
document unannounced rounds to identify and deter staff sexual
abuse and sexual harassment? (N/A for non-secure facilities )
Is this policy and practice implemented for night shifts as well as yes
day shifts? (N/A for non-secure facilities )
Does the facility have a policy prohibiting staff from alerting other yes
staff members that these supervisory rounds are occurring, unless
such announcement is related to the legitimate operational
functions of the facility? (N/A for non-secure facilities )
115.315
Limits to cross-gender viewing and searches
(a)
Does the facility always refrain from conducting any cross-gender yes
strip or cross-gender visual body cavity searches, except in
exigent circumstances or by medical practitioners?
115.315
Limits to cross-gender viewing and searches
(b)
Does the facility always refrain from conducting cross-gender pat- yes
down searches in non-exigent circumstances?
115.315
Limits to cross-gender viewing and searches
(c)
Does the facility document and justify all cross-gender strip yes
searches and cross-gender visual body cavity searches?
Does the facility document all cross-gender pat-down searches? yes
115.315
Limits to cross-gender viewing and searches
(d)
Does the facility implement policies and procedures that enable yes
residents to shower, perform bodily functions, and change clothing
without nonmedical staff of the opposite gender viewing their
breasts, buttocks, or genitalia, except in exigent circumstances or
when such viewing is incidental to routine cell checks?
Does the facility require staff of the opposite gender to announce yes
their presence when entering a resident housing unit?
In facilities (such as group homes) that do not contain discrete yes
housing units, does the facility require staff of the opposite gender
to announce their presence when entering an area where
residents are likely to be showering, performing bodily functions,
or changing clothing? (N/A for facilities with discrete housing
units)
115.315
Limits to cross-gender viewing and searches
(e)
Does the facility always refrain from searching or physically yes
examining transgender or intersex residents for the sole purpose
of determining the resident’s genital status?
If a resident’s genital status is unknown, does the facility yes
determine genital status during conversations with the resident,
by reviewing medical records, or, if necessary, by learning that
information as part of a broader medical examination conducted
in private by a medical practitioner?
115.315
Limits to cross-gender viewing and searches
(f)
Does the facility/agency train security staff in how to conduct yes
cross-gender pat down searches in a professional and respectful
manner, and in the least intrusive manner possible, consistent
with security needs?
Does the facility/agency train security staff in how to conduct yes
searches of transgender and intersex residents in a professional
and respectful manner, and in the least intrusive manner possible,
consistent with security needs?
115.316 Residents with disabilities and residents who are limited
(a) English proficient
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who are deaf or hard of hearing?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who are blind or have low vision?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have intellectual disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have psychiatric disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have speech disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Other? (if "other," please explain in overall determination notes.)
Do such steps include, when necessary, ensuring effective yes
communication with residents who are deaf or hard of hearing?
Do such steps include, when necessary, providing access to yes
interpreters who can interpret effectively, accurately, and
impartially, both receptively and expressively, using any
necessary specialized vocabulary?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Have
intellectual disabilities?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Have
limited reading skills?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Who are
blind or have low vision?
115.316 Residents with disabilities and residents who are limited
(b) English proficient
Does the agency take reasonable steps to ensure meaningful yes
access to all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment to residents
who are limited English proficient?
Do these steps include providing interpreters who can interpret yes
effectively, accurately, and impartially, both receptively and
expressively, using any necessary specialized vocabulary?
115.316 Residents with disabilities and residents who are limited
(c) English proficient
Does the agency always refrain from relying on resident yes
interpreters, resident readers, or other types of resident assistants
except in limited circumstances where an extended delay in
obtaining an effective interpreter could compromise the resident’s
safety, the performance of first-response duties under §115.364,
or the investigation of the resident’s allegations?
115.317
Hiring and promotion decisions
(a)
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has engaged in sexual
abuse in a prison, jail, lockup, community confinement facility,
juvenile facility, or other institution (as defined in 42 U.S.C. 1997)?
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has been convicted of
engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or
coercion, or if the victim did not consent or was unable to consent
or refuse?
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has been civilly or
administratively adjudicated to have engaged in the activity
described in the bullet immediately above?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has
engaged in sexual abuse in a prison, jail, lockup, community
confinement facility, juvenile facility, or other institution (as
defined in 42 U.S.C. 1997)?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has been
convicted of engaging or attempting to engage in sexual activity
in the community facilitated by force, overt or implied threats of
force, or coercion, or if the victim did not consent or was unable to
consent or refuse?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has been
civilly or administratively adjudicated to have engaged in the
activity described in the two bullets immediately above?
115.317
Hiring and promotion decisions
(b)
Does the agency consider any incidents of sexual harassment in yes
determining whether to hire or promote anyone, or to enlist the
services of any contractor, who may have contact with residents?
115.317 Hiring and promotion decisions
(c)
Before hiring new employees who may have contact with yes
residents, does the agency: Perform a criminal background records
check?
Before hiring new employees who may have contact with yes
residents, does the agency: Consult any child abuse registry
maintained by the State or locality in which the employee would
work?
Before hiring new employees who may have contact with yes
residents, does the agency: Consistent with Federal, State, and
local law, make its best efforts to contact all prior institutional
employers for information on substantiated allegations of sexual
abuse or any resignation during a pending investigation of an
allegation of sexual abuse?
115.317
Hiring and promotion decisions
(d)
Does the agency perform a criminal background records check yes
before enlisting the services of any contractor who may have
contact with residents?
Does the agency consult applicable child abuse registries before yes
enlisting the services of any contractor who may have contact
with residents?
115.317
Hiring and promotion decisions
(e)
Does the agency either conduct criminal background records yes
checks at least every five years of current employees and
contractors who may have contact with residents or have in place
a system for otherwise capturing such information for current
employees?
115.317
Hiring and promotion decisions
(f)
Does the agency ask all applicants and employees who may have yes
contact with residents directly about previous misconduct
described in paragraph (a) of this section in written applications or
interviews for hiring or promotions?
Does the agency ask all applicants and employees who may have yes
contact with residents directly about previous misconduct
described in paragraph (a) of this section in any interviews or
written self-evaluations conducted as part of reviews of current
employees?
Does the agency impose upon employees a continuing affirmative yes
duty to disclose any such misconduct?
115.317
Hiring and promotion decisions
(g)
Does the agency consider material omissions regarding such yes
misconduct, or the provision of materially false information,
grounds for termination?
115.317
Hiring and promotion decisions
(h)
Unless prohibited by law, does the agency provide information on yes
substantiated allegations of sexual abuse or sexual harassment
involving a former employee upon receiving a request from an
institutional employer for whom such employee has applied to
work? (N/A if providing information on substantiated allegations of
sexual abuse or sexual harassment involving a former employee is
prohibited by law.)
115.318
Upgrades to facilities and technologies
(a)
If the agency designed or acquired any new facility or planned any na
substantial expansion or modification of existing facilities, did the
agency consider the effect of the design, acquisition, expansion,
or modification upon the agency’s ability to protect residents from
sexual abuse? (N/A if agency/facility has not acquired a new
facility or made a substantial expansion to existing facilities since
August 20, 2012, or since the last PREA audit, whichever is later.)
115.318
Upgrades to facilities and technologies
(b)
If the agency installed or updated a video monitoring system, 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 yes
community-based staff member for the purposes of this section,
has the individual been screened for appropriateness to serve in
this role and received education concerning sexual assault and
forensic examination issues in general? (Check N/A if agency
attempts to make a victim advocate from a rape crisis center
available to victims per 115.321(d) above.)
115.322
Policies to ensure referrals of allegations for investigations
(a)
Does the agency ensure an administrative or criminal yes
investigation is completed for all allegations of sexual abuse?
Does the agency ensure an administrative or criminal yes
investigation is completed for all allegations of sexual
harassment?
115.322
Policies to ensure referrals of allegations for investigations
(b)
Does the agency have a policy in place to ensure that allegations yes
of sexual abuse or sexual harassment are referred for
investigation to an agency with the legal authority to conduct
criminal investigations, unless the allegation does not involve
potentially criminal behavior?
Has the agency published such policy on its website or, if it does yes
not have one, made the policy available through other means?
Does the agency document all such referrals? yes
115.322
Policies to ensure referrals of allegations for investigations
(c)
If a separate entity is responsible for conducting criminal yes
investigations, does such publication describe the responsibilities
of both the agency and the investigating entity? (N/A if the
agency/facility is responsible for criminal investigations. See
115.321(a))
115.331
Employee training
(a)
Does the agency train all employees who may have contact with yes
residents on: Its zero-tolerance policy for sexual abuse and sexual
harassment?
Does the agency train all employees who may have contact with yes
residents on: How to fulfill their responsibilities under agency
sexual abuse and sexual harassment prevention, detection,
reporting, and response policies and procedures?
Does the agency train all employees who may have contact with yes
residents on: Residents’ right to be free from sexual abuse and
sexual harassment
Does the agency train all employees who may have contact with yes
residents on: The right of residents and employees to be free from
retaliation for reporting sexual abuse and sexual harassment?
Does the agency train all employees who may have contact with yes
residents on: The dynamics of sexual abuse and sexual
harassment in juvenile facilities?
Does the agency train all employees who may have contact with yes
residents on: The common reactions of juvenile victims of sexual
abuse and sexual harassment?
Does the agency train all employees who may have contact with yes
residents on: How to detect and respond to signs of threatened
and actual sexual abuse and how to distinguish between
consensual sexual contact and sexual abuse between residents?
Does the agency train all employees who may have contact with yes
residents on: How to avoid inappropriate relationships with
residents?
Does the agency train all employees who may have contact with yes
residents on: How to communicate effectively and professionally
with residents, including lesbian, gay, bisexual, transgender,
intersex, or gender nonconforming residents?
Does the agency train all employees who may have contact with yes
residents on: How to comply with relevant laws related to
mandatory reporting of sexual abuse to outside authorities?
Does the agency train all employees who may have contact with yes
residents on: Relevant laws regarding the applicable age of
consent?
115.331
Employee training
(b)
Is such training tailored to the unique needs and attributes of yes
residents of juvenile facilities?
Is such training tailored to the gender of the residents at the yes
employee’s facility?
Have employees received additional training if reassigned from a yes
facility that houses only male residents to a facility that houses
only female residents, or vice versa?
115.331
Employee training
(c)
Have all current employees who may have contact with residents yes
received such training?
Does the agency provide each employee with refresher training yes
every two years to ensure that all employees know the agency’s
current sexual abuse and sexual harassment policies and
procedures?
In years in which an employee does not receive refresher training, yes
does the agency provide refresher information on current sexual
abuse and sexual harassment policies?
115.331
Employee training
(d)
Does the agency document, through employee signature or yes
electronic verification, that employees understand the training
they have received?
115.332
Volunteer and contractor training
(a)
Has the agency ensured that all volunteers and contractors who yes
have contact with residents have been trained on their
responsibilities under the agency’s sexual abuse and sexual
harassment prevention, detection, and response policies and
procedures?
115.332
Volunteer and contractor training
(b)
Have all volunteers and contractors who have contact with yes
residents been notified of the agency’s zero-tolerance policy
regarding sexual abuse and sexual harassment and informed how
to report such incidents (the level and type of training provided to
volunteers and contractors shall be based on the services they
provide and level of contact they have with residents)?
115.332
Volunteer and contractor training
(c)
Does the agency maintain documentation confirming that yes
volunteers and contractors understand the training they have
received?
115.333
Resident education
(a)
During intake, do residents receive information explaining the yes
agency’s zero-tolerance policy regarding sexual abuse and sexual
harassment?
During intake, do residents receive information explaining how to yes
report incidents or suspicions of sexual abuse or sexual
harassment?
Is this information presented in an age-appropriate fashion? yes
115.333
Resident education
(b)
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Their rights to be free from sexual abuse and
sexual harassment?
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Their rights to be free from retaliation for
reporting such incidents?
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Agency policies and procedures for responding to
such incidents?
115.333
Resident education
(c)
Have all residents received such education? yes
Do residents receive education upon transfer to a different facility yes
to the extent that the policies and procedures of the resident’s
new facility differ from those of the previous facility?
115.333
Resident education
(d)
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are limited English proficient?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are deaf?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are visually impaired?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are otherwise disabled?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Have limited reading skills?
115.333
Resident education
(e)
Does the agency maintain documentation of resident participation yes
in these education sessions?
115.333
Resident education
(f)
In addition to providing such education, does the agency ensure yes
that key information is continuously and readily available or visible
to residents through posters, resident handbooks, or other written
formats?
115.334
Specialized training: Investigations
(a)
In addition to the general training provided to all employees yes
pursuant to §115.331, does the agency ensure that, to the extent
the agency itself conducts sexual abuse investigations, its
investigators have received training in conducting such
investigations in confinement settings? (N/A if the agency does
not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
115.334
Specialized training: Investigations
(b)
Does this specialized training include: Techniques for interviewing yes
juvenile sexual abuse victims? (N/A if the agency does not conduct
any form of administrative or criminal sexual abuse investigations.
See 115.321(a).)
Does this specialized training include: Proper use of Miranda and yes
Garrity warnings? (N/A if the agency does not conduct any form of
administrative or criminal sexual abuse investigations. See
115.321(a).)
Does this specialized training include: Sexual abuse evidence yes
collection in confinement settings? (N/A if the agency does not
conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
Does this specialized training include: The criteria and evidence yes
required to substantiate a case for administrative action or
prosecution referral? (N/A if the agency does not conduct any form
of administrative or criminal sexual abuse investigations. See
115.321(a).)
115.334
Specialized training: Investigations
(c)
Does the agency maintain documentation that agency yes
investigators have completed the required specialized training in
conducting sexual abuse investigations? (N/A if the agency does
not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
115.335
Specialized training: Medical and mental health care
(a)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to detect and assess signs of sexual
abuse and sexual harassment? (N/A if the agency does not have
any full- or part-time medical or mental health care practitioners
who work regularly in its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to preserve physical evidence of sexual
abuse? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in
its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to respond effectively and
professionally to juvenile victims of sexual abuse and sexual
harassment? (N/A if the agency does not have any full- or part-
time medical or mental health care practitioners who work
regularly in its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How and to whom to report allegations or
suspicions of sexual abuse and sexual harassment? (N/A if the
agency does not have any full- or part-time medical or mental
health care practitioners who work regularly in its facilities.)
115.335
Specialized training: Medical and mental health care
(b)
If medical staff employed by the agency conduct forensic na
examinations, do such medical staff receive appropriate training
to conduct such examinations? (N/A if agency medical staff at the
facility do not conduct forensic exams or the agency does not
employ medical staff.)
115.335
Specialized training: Medical and mental health care
(c)
Does the agency maintain documentation that medical and yes
mental health practitioners have received the training referenced
in this standard either from the agency or elsewhere? (N/A if the
agency does not have any full- or part-time medical or mental
health care practitioners who work regularly in its facilities.)
115.335
Specialized training: Medical and mental health care
(d)
Do medical and mental health care practitioners employed by the yes
agency also receive training mandated for employees by
§115.331? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in
its facilities.)
Do medical and mental health care practitioners contracted by yes
and volunteering for the agency also receive training mandated
for contractors and volunteers by §115.332? (N/A if the agency
does not have any full- or part-time medical or mental health care
practitioners contracted by or volunteering for the agency.)
115.341
Obtaining information from residents
(a)
Within 72 hours of the resident’s arrival at the facility, does the yes
agency obtain and use information about each resident’s personal
history and behavior to reduce risk of sexual abuse by or upon a
resident?
Does the agency also obtain this information periodically yes
throughout a resident’s confinement?
115.341
Obtaining information from residents
(b)
Are all PREA screening assessments conducted using an objective yes
screening instrument?
115.341
Obtaining information from residents
(c)
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Prior sexual
victimization or abusiveness?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Any gender
nonconforming appearance or manner or identification as lesbian,
gay, bisexual, transgender, or intersex, and whether the resident
may therefore be vulnerable to sexual abuse?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Current
charges and offense history?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Age?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Level of
emotional and cognitive development?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Physical size
and stature?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Mental illness
or mental disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Intellectual or
developmental disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Physical
disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: The resident’s
own perception of vulnerability?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Any other
specific information about individual residents that may indicate
heightened needs for supervision, additional safety precautions, or
separation from certain other residents?
115.341
Obtaining information from residents
(d)
Is this information ascertained: Through conversations with the yes
resident during the intake process and medical mental health
screenings?
Is this information ascertained: During classification assessments? yes
Is this information ascertained: By reviewing court records, case yes
files, facility behavioral records, and other relevant documentation
from the resident’s files?
115.341
Obtaining information from residents
(e)
Has the agency implemented appropriate controls on the yes
dissemination within the facility of responses to questions asked
pursuant to this standard in order to ensure that sensitive
information is not exploited to the resident’s detriment by staff or
other residents?
115.342
Placement of residents
(a)
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Housing Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Bed assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Work Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Education
Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Program Assignments?
115.342
Placement of residents
(b)
Are residents isolated from others only as a last resort when less yes
restrictive measures are inadequate to keep them and other
residents safe, and then only until an alternative means of
keeping all residents safe can be arranged?
During any period of isolation, does the agency always refrain yes
from denying residents daily large-muscle exercise?
During any period of isolation, does the agency always refrain yes
from denying residents any legally required educational
programming or special education services?
Do residents in isolation receive daily visits from a medical or yes
mental health care clinician?
Do residents also have access to other programs and work yes
opportunities to the extent possible?
115.342
Placement of residents
(c)
Does the agency always refrain from placing: Lesbian, gay, and yes
bisexual residents in particular housing, bed, or other assignments
solely on the basis of such identification or status?
Does the agency always refrain from placing: Transgender yes
residents in particular housing, bed, or other assignments solely
on the basis of such identification or status?
Does the agency always refrain from placing: Intersex residents in yes
particular housing, bed, or other assignments solely on the basis
of such identification or status?
Does the agency always refrain from considering lesbian, gay, yes
bisexual, transgender, or intersex identification or status as an
indicator or likelihood of being sexually abusive?
115.342
Placement of residents
(d)
When deciding whether to assign a transgender or intersex yes
resident to a facility for male or female residents, does the agency
consider on a case-by-case basis whether a placement would
ensure the resident’s health and safety, and whether a placement
would present management or security problems (NOTE: if an
agency by policy or practice assigns residents to a male or female
facility on the basis of anatomy alone, that agency is not in
compliance with this standard)?
When making housing or other program assignments for yes
transgender or intersex residents, does the agency consider on a
case-by-case basis whether a placement would ensure the
resident’s health and safety, and whether a placement would
present management or security problems?
115.342
Placement of residents
(e)
Are placement and programming assignments for each yes
transgender or intersex resident reassessed at least twice each
year to review any threats to safety experienced by the resident?
115.342
Placement of residents
(f)
Are each transgender or intersex resident’s own views with yes
respect to his or her own safety given serious consideration when
making facility and housing placement decisions and
programming assignments?
115.342
Placement of residents
(g)
Are transgender and intersex residents given the opportunity to yes
shower separately from other residents?
115.342
Placement of residents
(h)
If a resident is isolated pursuant to paragraph (b) of this section, 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 yes
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 yes
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 na
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/1238179/file/Florida_St. Lucie Regional Juvenile Detention Center_Year3Cycle4.pdf?version=1

cycle: Year 3 Cycle 4