facility_name: Pinellas Juvenile Detention Center

summary: PREA

raw_content:
PREA AUDIT: Auditor’s Summary Report
JUVENILE FACILITIES
Name of Facility: Pinellas Regional Juvenile Detention Center
Physical Address: 5255 140 Avenue North, Clearwater, Florida 33760
Date report submitted: December 8, 2014
Auditor information: Flora Boyd
Address: 5 Rosemount Court, Blythewood, South Carolina 29016
Email: fbb4577@aol.com
Telephone number: 803-312-5199
Date of facility visit: June 25-26, 2014
Facility Information
Facility Mailing Address:
(if different from above) Same as Above
Telephone Number: 727-538-7101
The Facility is: Military County Federal
Private for profit Municipal X State
Private not for profit
Facility Type: X Detention Correction Other:
Name of PREA Compliance Manager: Monica Gray Title: Superintendent
727-538-7101
Email Address: monica.gray@djj.state.fl.us Telephone Number:
Agency Information
Name of Agency: Florida Department of Juvenile Justice
Governing Authority or Parent Agency: (if applicable)
Florida Department of Juvenile Justice
Physical Address: Knight Building, 2737 Centerview Drive, Tallahassee, Florida 32399
Mailing Address: (if different from above) Same as Above
Telephone Number: 850-488-1850
Agency Chief Executive Officer
Name: Christy Daly Title: Interim Secretary
Telephone Number: 850-413-7313
Email Address: Christy.Daly@djj.state.fl.us
Agency Wide PREA Coordinator:
Name: Gene McMahon Title: PREA Coordinator Program Coordinator
Email Address: gene.mcmahon@djj.state.fl.us
Telephone Number: 850-688-0550
1
AUDIT FINDINGS
NARRATIVE:
Pinellas Regional Juvenile Detention Center is a 96 bed, hardware secure facility that provides short-term
care and custody for male and female juveniles as ordered by the courts pending adjudication, disposition
and/or placement in a residential confinement facility. Located in Clearwater, the facility is operated by the
Florida Department of Juvenile Justice (FDJJ) and serves Hardee, Highlands, Pinellas and Polk Counties.
Pinellas processes approximately 4, 224 youth annually. The average daily population is 63 and the average
length of stay for residents is 21 days.
The facility employs 99 full-time staff including 75 direct care staff and nine supervisors. Medical staff
including a pediatrician, a nurse practitioner, a registered nurse, a licensed practical nurse and a medical
records clerk are contracted through Maxim Healthcare Services. Mental health services are provided by
Camelot Community Care and educational services are provided by the Pinellas County School Board.
Pinellas has a total of 62 volunteers and contractors authorized to enter the facility.
Pinellas utilizes a behavioral management system to encourage residents through positive reinforcement to
comply with facility rules and to ensure a safe and secure environment. The program involves a three tier
level system which allows residents to progress through each level based upon good behavior and
compliance with facility rules. Each week day, residents receive 300 minutes of instructions in reading,
English, math, social studies, science, health, physical education, health and life management.
DESCRIPTION OF FACILITY CHARACTERISTICS:
The facility’s administration building consists of intake, medical, central control, administrative offices,
and the dining hall/kitchen area. There are five housing modules with 100 single rooms and 10 double
rooms; however, two of the modules are not occupied. Two modules house male residents and one houses
female residents. Each module has educational classrooms, an interview room and a central bathroom with
sinks and open showers. The facility is equipped with a video surveillance system which includes 106
cameras.
SUMMARY OF AUDIT FINDINGS:
The notification of the on-site audit was posted on May 14, 2014, six weeks prior to the first date of the on-
site audit. The posting of the notices was verified by photographs received electronically from the PREA
Compliance Manager. The photographs indicated notices were posted in various locations throughout the
facility including the housing unit and administrative areas.
The Pre-Audit Questionnaire, policies and supporting documentation were received on June 2, 2014. The
Pre-Audit Questionnaire and policies and documents were uploaded to a UBS flash drive. After providing a
listing of noted concerns and documents needed, steps were taken by the Compliance Manager to ensure
that available documentation was provided during the on-site visit. Specific corrective actions taken to
address some of the deficiencies are summarized in this report under the related standard.
PREA AUDIT: AUDITOR’S FINAL REPORT 2
The on-site audit was conducted June 25-26, 2014. Dorothy Xanos, Certified PREA Auditor served as my
assistant. After meeting with the facility’s management staff, a complete tour of the facility was conducted.
During the tour, youth were observed to be under constant supervision of the staff while involved in
classroom instruction and other activities. Bathrooms in each housing module was observed to have open
shower stalls with no partitions or shower curtains to allow residents to take shower without being directly
observed nude by same sex staff and other residents. Observation of the surveillance system monitors
revealed cameras do not capture showers, toilets or inside residents’ rooms.
Over the two-day on-site visit, 13 staff including direct care staff from all three shifts were interviewed.
Overall, the interviews revealed staff are knowledgeable of PREA standards and were able to articulate
their responsibilities. The eight residents interviewed included residents from each of the three housing
modules. Residents were informed of their right to be free from sexual abuse and harassment and how to
report sexual abuse and harassment. Policies and secondary documentation were thoroughly reviewed.
A corrective action plan was developed, with input from the FDJJ PREA Coordinator, and provided to the
facility’s Compliance Manager on July 2, 2014, to specify the minimum remedial steps to be taken to
comply with PREA standards. The facility’s Compliance Manager and the FDJJ PREA Coordinator have
provided documentation for corrective action that has already been taken to comply with the standards as
indicated in the auditor’s comment section under the related standard. Remaining non-compliance issues
were addressed during the corrective action period as indicated in the comments section of this report.
Number of standards exceeded: 0
Number of standards met:40
Number of standards not met: 0
Number of standards Not Applicable: 1
PREA AUDIT: AUDITOR’S FINAL REPORT 3
Standard 115.311-Zero Tolerance of Sexual Abuse and Sexual Harassment; PREA
Coordinator
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA Facility Operating Procedure (FOP) mandates zero-tolerance of sexual abuse
and sexual harassment and outlines how the facility carries out its approach to preventing,
detecting and responding to sexual abuse and sexual harassment. The policy includes
definitions of prohibited behaviors and sanctions for those found to have participated in
prohibited behaviors. The policy also provides strategies and responses for reducing and
preventing sexual abuse and harassment.
Pinellas is a juvenile detention facility governed and operated by the FDJJ which employs an
agency-wide PREA Coordinator who is in an upper-level management position within the
agency. The PREA Coordinator interview revealed he has sufficient time and authority to
develop, implement and oversee the agency’s efforts to comply with PREA standards in all
operated and contracted facilities. The facility’s Superintendent serves as the PREA
Compliance Manager. An interview with the PREA Compliance Manager revealed she has
sufficient time to oversee the facility’s PREA compliance efforts and to perform her other
duties.
Standard 115.312- Contracting with Other Entities for the Confinement of Residents
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
FDJJ has approximately 50 contracts with providers for the confinement of juveniles in
residential facilities throughout the State. A signed contract review revealed provider’s
agreement to comply with all requirements and standards of the Prison Rape Elimination Act
28 CFR Part 115 as outlined in FDJJ Policy 1919. All contracts were renewed in the past 12
months to include the requirement to comply with PREA standards.
PREA AUDIT: AUDITOR’S FINAL REPORT 4
Standard 115.313- Supervision and Monitoring
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires the facility to develop, implement and document an approved
staffing plan. My initial review indicated the facility did not have a staffing plan; however,
the staffing plan is outlined in Policy 5.01 Active Supervision. There is no mandate in policy
for a 1:8 staff to resident ratio during waking hours or a 1:16 staff to resident ratio during
sleeping hours; however, the plan does reflect the required ratios. The staffing plan is based
upon the facility’s current capacity of 65 residents. Pinellas PREA FOP requires the facility
document deviations from the staffing plan on the Shift Report; however, there were no
deviations from the plan because of the facility’s “holdover” requirement for direct care staff
to be assigned up to one holdover day per week to cover for staff who may not be able to
come to work.
Documentation of the annual review of the staffing plan dated April 23, 2014 was reviewed
and found to be in compliance with all elements contained in (d)-1 of this standard.
The facility utilizes video monitoring combined with direct staff supervision to protect
residents from sexual abuse and sexual harassment. Although intermediate and upper level
staff conduct unannounced rounds, documentation for was not available. During the
corrective action period the facility implemented and provided documentation that
unannounced rounds are being conducted on all shifts and in all areas of the facility.
Standard 115.315- Limits to Cross-Gender Viewing and Searches
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP prohibits cross-gender strip searches, or pat down searches of youth,
except in exigent circumstances; however, FOP Room, Youth and Program Searches does not
prohibit cross-gender pat searches. During the corrective action period the policy was revised
and is now consistent with this standard and the PREA FOP.
PREA AUDIT: AUDITOR’S FINAL REPORT 5
The prohibition of cross-gender visual body cavity searches is not addressed in the PREA
FOP; however, the policy revision is required in the corrective action plan.
Pinellas PREA FOP states the facility must be configured to allow residents to shower,
perform bodily functions and change clothing without staff of the opposite sex viewing their
bodies. Staff and resident interviews confirm there is no cross-gender viewing; however, the
open shower stalls with no partitions or shower curtains allow residents to be viewed naked by
same sex staff and other residents while taking showers. Corrective action was taken by
installing shower curtains to eliminate the possibility of voyeurism by staff and/or residents.
FDJJ Policy 1919 PREA requires opposite sex staff, volunteers and contractors entering
housing units to announce themselves. Resident interviews verified this is done on a consistent
basis.
Pinellas PREA FOP prohibits the search of a transgender or intersex resident solely for the
purpose of determining the resident’s genital status and staff interviews verified compliance.
Standard 115.316- Residents with Disabilities and Residents Who are Limited English
Proficient
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the
standard for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires that accommodations be made to ensure residents with
disabilities or who are limited English proficient are provided meaningful access to all
aspects of the facility’s efforts to prevent, protect and respond to sexual abuse and
harassment. This policy also states the facility prohibits the use of resident interpreter,
resident readers or any kind of resident assistants except when a delay in obtaining
interpreters services could jeopardize a resident’s safety. Resident and staff interviews
verified the facility does not use resident assistants and there were no instances of resident
interpreter or readers being used in the past 12 months.
The PREA FOP describes how interpreters or other services needed to assist residents with
disabilities or residents who may be limited English proficient will be provided either by
qualified staff or outside resources, such as the local school district.
Pinellas PREA FOP requires staff to provide PREA education in a format assessable to all
residents including those who may be limited English proficient, deaf, visually impaired or
otherwise with a disability, as well as to residents who have limited reading skills. Samples
of educational material was provided.
PREA AUDIT: AUDITOR’S FINAL REPORT 6
Standard 115.317- Hiring and Promotion Decisions
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the
standard for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Initial review of Pinellas PREA FOP revealed the policy did not specifically require
consulting with the child abuse registry before hiring or enlisting services of any contractor
who has contact with residents. The PREA Coordinator provided documentation that Florida
State law does not allow FDJJ to contact the abuse registry for the purpose of screening
applicants.
A review of staff files revealed documented criminal background checks and that questions
regarding past conduct were asked and responded to during the interview process.
Additionally, contract providers, who have contact with residents had documented criminal
background checks. Pinellas FOP PREA FOP requires criminal background checks to be
conducted every five years. Applicants are required to sign acknowledging material
omission regarding misconduct, or false information is grounds for termination.
Standard 115.318- Upgrades to Facilities and Technology
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the
standard for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas has not acquired any new facilities or updated surveillance technology since August
20, 2012. The video monitoring system was assessed during the annual review of the staffing
plan to determine if upgrades were needed to enhance the facility’s ability to protect youth
from sexual abuse. No blind spots were identified at that time.
Standard 115.321- Evidence Protocol and Forensic Medical Examinations
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the
standard for the relevant review period)
Does Not Meet Standard (requires corrective action)
PREA AUDIT: AUDITOR’S FINAL REPORT 7
Auditor Comments:
Pinellas PREA FOP requires staff to report allegations of sexual abuse to the Pinellas County
Sheriff’s Department for criminal investigations and to the Florida Central Abuse Hotline and
FDJJ’s Central Communication Center (CCC). Pinellas does not have a Memorandum of
Understanding or documented attempts to obtain a MOU with the Pinellas County Sheriff’s
Department. The corrective action plan requires that a MOU or documentation of attempts to
obtain an MOU be provided.
Pinellas is in the process of obtaining an MOU with the Suncoast Center, Inc. for victims’
advocacy services. A draft MOU describing the available services was reviewed. Forensic
examinations will be conducted at the Northside Hospital by SAFE or SANE medical
examiners. During the corrective action period, it was discovered that County does not have a
certified SANE/SAFE medical examiner; however, Suncoast does complete forensic exams
and all other related services. Documentation of the facility’s attempts to have forensic exams
conducted by a SANE/SAFE certified medical examiner was provided.
Standard 115.322- Policies to Ensure Referrals of Allegations for Investigations
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires the immediate referral of all sexual abuse allegations to the
Pinellas County Sheriff’s Department, the Florida Abuse Hotline and CCC. In the past 12
months, Pinellas has had no allegations of sexual abuse and has not received any allegations
that occurred at another facility. Interviews with the Superintendent and other staff verified
their knowledge of the policy’s requirements.
FDJJ’s website includes a PREA section which includes investigative responsibilities for
conducting investigations of allegations of sexual abuse.
Standard 115.331- Employees Training
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
PREA AUDIT: AUDITOR’S FINAL REPORT 8
Auditor Comments:
Pinellas PREA FOP, the training curriculum, staff training records and staff interviews
indicate staff receive PREA training during initial training and annually during refresher
training. Specific topics as outlined in the policy and the curriculum are consistent with this
standard’s requirements and is tailored to the facility’s resident population. All employees are
trained as new hires regardless of their previous experience. Employee’s training records
were reviewed and staff interviews verified staff comprehension of their responsibilities
relating to PREA standards.
Standard 115.332- Volunteer and Contractor Training
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires volunteers and contracted providers who have contact with
residents to be trained on their responsibilities on sexual misconduct prevention, detection,
reporting and responding to sexual abuse, assault or sexual harassment. Staff interviews and
review of volunteer training records revealed volunteers were given a downloaded version of
the staff on-line PREA training, asked to read and to sign acknowledging they understand the
contents of the documents regarding PREA. During the corrective action period,
documentation was provided that volunteers and contractors are provided with an interactive
form of training and the appropriate supervisor reviews the training material with the person
to give the volunteer/contractor an opportunity to ask questions as needed. An interview with
two contract providers revealed they are knowledgeable concerning their responsibilities
relative to PREA and the agency’s zero tolerance policy regarding sexual abuse and
harassment.
Standard 115.333- Resident Education
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires residents to receive comprehensive education regarding the
facility’s zero tolerance policy and how to report sexual abuse and sexual harassment. Intake
staff explain the PREA handout to residents and residents sign verifying they received the
information. Documentation of resident’s signatures were reviewed and confirmed during
resident interviews. All residents interviewed stated they received this information the same
day they arrived.
PREA AUDIT: AUDITOR’S FINAL REPORT 9
Staff present the PREA information in a manner that is accessible to all residents. If needed,
the facility has internal and external resources to provide translation services, hearing and
visual impairment services for residents with disabilities or who may be limited English
proficient.
Resident interviews revealed youth have no knowledge of the victims’ advocacy service that
was recently posted in each housing module. During the corrective action period
documentation of residents’ education sessions were provided indicating that residents were
provided education regarding the Suncoast Center and the services they provide to victims of
sexual abuse.
Standard 115.334- Specialized Training: Investigation
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor comments:
The Pinellas County Sheriff’s Department and the Florida Department of Children and
Families conduct criminal investigations into allegations of sexual abuse. Pinellas does not
conduct any investigations.
Standard 115.335- Specialized Training: Medical and Mental Health Care
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires that PREA training for all employees and specialized training
for medical and mental health staff. There was no documentation of specialized training for
medical and mental health staff. During the corrective action period documentation of the
medical and mental health staff’s participation in specialized PREA training for medical and
mental health staff was provided as required by this standard. Forensic examinations are
conducted at a local hospital.
Standard 115.341- Obtaining information from Residents
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
PREA AUDIT: AUDITOR’S FINAL REPORT 10
Auditor Comments:
Pinellas PREA FOP requires staff to complete the FDJJ’s Vulnerability to Victimization and
Sexually Aggressive Behavior (VSAB) form if youth arrive from the Juvenile Assessment
Center without a completed form. Documentation and resident interviews revealed that risk
screenings are being conducted; however, Intake staff and resident interviews indicated
residents were not asked whether they identify with being gay, bi-sexual, transgender or
intersex. Corrective action was taken to revise the form to require the interviewer to ask the
question so the response is not solely based upon the interviewer’s perception.
Documentation confirming use of the revised screening form has been verified. Completed
VSAB forms are maintained in residents’ medical files.
Standard 115.342- Placement of Residents in housing, bed, program, education and work
Assignments.
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires victimization screening information to be used to determine a
resident’s room assignment and the room’s proximity to direct care staff to ensure resident’s
safety. The facility also utilizes the Classification Alerts to ensure that staff working directly
with residents are advised if the resident is identified as being at risk for victimization or
posing a risk.
Pinellas PREA FOP precludes lesbian, gay, bi-sexual, transgender and intersex residents
from being placed in a particular module and states that LGBTI identification or status is not
an indicator of likelihood of being sexually abusive. Transgender or intersex resident’s own
view with respect to his/her safety will be given serious consideration. Staff interviews also
verified compliance with this standard. Transgender and intersex residents are given the
opportunity to shower separately from other youth.
Standard 115. 351- Resident Reporting
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP provides multiple ways for residents to privately report sexual abuse,
sexual harassment, retaliation and staff neglect including telling a staff member and calling
Florida Abuse Hotline. The FOP further states the facility is exempt from this standard
because it does not have administrative procedures in place for residents to report allegations
of sexual abuse and sexual harassment through the grievance procedure while FDJJ Policy
1919 PREA allows for the use of the grievance process to report allegations of sexual abuse
and sexual harassment. During the corrective action period, FOP 10-25 was revised to allow
PREA AUDIT: AUDITOR’S FINAL REPORT 11
residents to use a PREA reporting procedure to privately report allegations of sexual abuse
and sexual harassment in a secure drop box for residents to deposit their allegation.
The PREA FOP requires youth to have one way of reporting sexual abuse and sexual
harassment to a public or private entity or office that is not a part of the agency. Residents
may call the Florida Abuse Hotline. Signs are posted throughout the facility with the hotline
number; however, residents must ask staff’s permission to make a call and may be questioned
by staff as to the reason for the call. Since the on-site audit, a procedure has been
implemented that allows residents to use a telephone with some degree of privacy to call the
hotline without having to obtain staff permission and that mandates staff not question
residents about the reason for the call. The PREA FOP was revised to reflect these changes.
Standard 115. 352- Exhaustion of Administrative Remedies
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP states the facility is exempt from this standard because it does not have
administrative procedures in place for residents to report allegations of sexual abuse and
sexual harassment through the grievance procedure while FDJJ Policy 1919 PREA allows for
the use of the grievance process to report allegations of sexual abuse and sexual harassment.
During the corrective action period, FDJJ Policy 1919 was revised to be consistent with FOP
10-2. The facility does not have administrative procedures to report allegations of sexual
abuse and sexual harassment.
Standard 115. 353- Resident Access to Outside Support Services and Legal Representation
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP ensures residents are provided access to outside confidential support
services. The facility is in the process of obtaining a signed MOU with the Suncoast Center,
Inc.
Signs containing the Suncoast hotline number and basic information about the service were
posted throughout the facility; however, resident interviews revealed they had no knowledge
of these services. During the corrective action period documentation was provided of resident
education regarding services offered by the victims’ advocacy organization.
Attorneys and other legal representatives are provided with reasonable and private access
upon request. Residents may call their parents/legal guardians and can receive visits from
them three times a week.
PREA AUDIT: AUDITOR’S FINAL REPORT 12
Standard 115. 354- Third Party Reporting
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
FDJJ’s website provides the public with information regarding third-party reporting of
sexual abuse or sexual harassment on behalf of a resident. Resident interviews revealed their
awareness of reporting sexual abuse or sexual harassment to others outside of the facility
including their parents/legal guardians.
Standard 115. 361- Staff and Agency Reporting Duties
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
All Pinellas staff are mandated reporters and are required by the PREA FOP and FDJJ Policy
1919 to immediately report any knowledge, suspicion or information they receive regarding
sexual abuse and harassment, retaliation against residents or staff who report any incidents or
any staff neglect or violation of responsibilities that may have contributed to an incident or
retaliation. Random staff interviews also helped to verify the facility’s compliance with this
standard.
An interview with the nurse confirmed her responsibility to inform residents 18 years old of
her duty to report and limitations of confidentiality.
While conducting resident interviews, a resident who was processed in the night before,
informed the interviewer he was constantly watched by a male staff member while taking a
shower in intake and that the staff member ran his hand across the resident’s penis while
conducting a pat-search after he dressed out following the shower. Upon, receiving the report,
the Superintendent took appropriate action and called CCC to report the allegation and
notified the resident’s parents.
Standard 115. 362- Agency Protection Duties
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
PREA AUDIT: AUDITOR’S FINAL REPORT 13
Pinellas PREA FOP requires staff to take immediate action to protect a resident when he/she
is identified as being subject to substantial risk of imminent sexual abuse. There were no
residents identified as being at risk for sexual abuse in the past 12 months, as revealed in
interviews with the Superintendent and random staff.
Standard 115. 363- Reporting to other Confinement Facilities
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires the Superintendent to notify the head of another facility within
72 hours upon receiving an allegation that a resident was sexually abused while confined at
another facility. During the past 12 months, there were no allegations received that a resident
was abused while confined to another facility nor were there allegations of sexual abuse
received by Pinellas from other facilities.
Standard 115. 364- Staff First Responder Duties
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires staff to take specific steps to respond to a report of sexual abuse
including; separating the alleged victim from the abuser; preserving any crime scene within a
period of time that still allows for the collection of physical evidence; request the alleged
victim not take any action that could destroy physical evidence; and ensure that the alleged
abuser does not take any action to destroy physical evidence, if the abuse took place within a
time period that still allows for the collection of physical evidence. Random staff interviews
revealed considerable knowledge of actions to be taken upon learning that a resident was
sexually abused.
Standard 115. 365- Coordinated Response
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires the development of a written plan to coordinate actions taken in
response to an incident of sexual assault among staff first responders, medical, and facility
PREA AUDIT: AUDITOR’S FINAL REPORT 14
leadership; however, a plan was not available. During the corrective action period, a
coordinated staff response plan was developed and provided for review.
Interviews with the Superintendent and other staff revealed that they are knowledgeable of
their duties in response to an allegation of sexual abuse.
Standard 115. 366- Preservation of Ability to Protect Residents from Contact with Abusers
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
X Non-Applicable Standard
Auditor Comments:
FDJJ is not a collective bargaining agency therefore this standard is not applicable.
Standard 115. 367- Agency Protection against Retaliation
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
FDJJ Policy 1919 PREA requires the protection of residents and staff who have reported
sexual abuse or harassment or who have cooperated in a sexual abuse or sexual harassment
investigation. The monitoring will take place for a period of 90 days or longer, as needed.
There were no incidents of retaliation in the past 12 months.
Standard 115. 368- Post-Allegation Protective Custody
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas would only restrict a resident to his/her single room as a last measure to keep a
resident who alleged sexual abuse safe and then only until an alternative means for keeping
the resident safe can be arranged. No residents have alleged sexual abuse in the past 12
months.
Standard 115. 371- Criminal and Administrative Agency Investigations
PREA AUDIT: AUDITOR’S FINAL REPORT 15
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP states that FDJJ does not conduct criminal investigations of residents’
allegations of sexual abuse. Local law enforcement (Pinellas County Sheriff’s Department)
and the Florida Department of Children and Families handle criminal investigations. FDJJ’s
Office of Inspector General (OIG) reviews allegations to identify any misconduct by staff
related to FDJJ regulatory guidance.
There was one allegation of resident-on-resident sexual harassment reported by a resident.
The Pinellas County Sheriff’s Department, CCC and the Florida Abuse Hotline was called in
accordance with the PREA FOP. Although there was no investigation, the Sheriff’s
Department forwarded the allegation to the Florida Attorney General’s Office for review;
however, one employee received a reprimand for failing to report the allegation within two
hours of receiving the report.
Standard 115. 372- Evidentiary Standards for Administrative Investigations
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP states the facility shall impose no standard higher than a preponderance
of the evidence in determining whether allegations of misconduct by staff is substantiated.
Standard 115. 373- Reporting to Residents
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
There were no criminal or administrative investigations during the past 12 months.
Therefore, no notices have been sent to residents. Pinellas PREA FOP requires the
Superintendent to notify residents who alleged sexual abuse when the facility learns that the
alleged abuser has been indicted on charges or convicted on a charge related to sexual abuse
within the facility. The OIG will notify residents whether the allegation has been determined
to be substantiated, unsubstantiated or unfounded.
PREA AUDIT: AUDITOR’S FINAL REPORT 16
Standard 115. 376- Disciplinary for Staff
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP mandates staff disciplinary sanctions up to and including termination for
violating agency’s sexual abuse or sexual harassment policies. The policy also mandates the
violation be reported to local law enforcement. During the past 12 months, no employees
were terminated for violating the facility’s sexual abuse or harassment policies; however, one
employee received a reprimand for failing to report an allegation of sexual harassment within
two hours of receiving the report.
Standard 115. 377- Corrective Action for Contractors and volunteers
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires volunteers and contractors in violation of the facility’s policies
and procedures regarding sexual abuse and harassment of residents to be reported to local law
enforcement unless the activity was clearly not criminal and to relevant licensing bodies. This
was verified during an interview with the Superintendent. There have been no allegations of
volunteers or contractors sexual abuse or sexual harassment reported in the past 12 months.
Standard 115. 378- Disciplinary sanctions for Residents
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP states that residents may receive disciplinary sanctions following an
administrative finding or a criminal investigation that resident engaged in youth-on-youth
sexual abuse and sanctions shall be commensurate with the nature and circumstances of the
sexual abuse, the resident’s disciplinary history, and the sanctions imposed for comparable
offenses by other residents with similar histories. There were no administrative or criminal
findings of guilt for resident-on-resident sexual abuse in the past 12 months.
PREA AUDIT: AUDITOR’S FINAL REPORT 17
Standard 115. 381- Medical and Mental screening; History of Sexual Abuse
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires residents who disclose a history of sexual abuse or who
disclose previously perpetrating sexual abuse to be referred for medical and mental health
screening services within 24 hours of the screening. Staff interviews verified compliance
with this standard; however, documentation demonstrating the immediate notification of the
medical and mental health staff was not available. During the corrective action period,
documentation of referrals was provided.
Medical/mental health staff obtain informed consent from residents 18 years of age.
Standard 115. 382- Access to Emergency Medical and Mental Health Services
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires timely and unimpeded access to emergency medical treatment,
crisis intervention services and victim advocacy services. The resident victim would be
transported to the Northside Hospital for a forensic examination at no cost to the victim.
Medical staff are required to document the response and timeliness of emergency medical
treatment and follow-up. There have been no victims of sexual abuse in the past 12 months.
Standard 115. 383- Ongoing Medical and Mental Health Care for Sexual Abuse Victims and
Abusers
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires that a medical and mental health evaluation and treatment, as
determined by medical/mental health staff, be offered to resident victims of sexual abuse.
There have been no sexual assault victims in the past 12 months; however, if needed,
procedures are in place as verified during staff interviews.
PREA AUDIT: AUDITOR’S FINAL REPORT 18
Standard 115. 386- Sexual Abuse Incident Reviews
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Pinellas PREA FOP requires the Superintendent to schedule a sexual assault incident
review team meeting within 30 days of the conclusion of each investigation. The policy
mandates review team participation to include regional office staff, Assistant
Superintendent, facility supervisor, medical and mental health staff, and OIG staff, if OIG
investigated the incident, The FDJJ PREA Coordinator will prepare a report of the review
team’s findings and submit the report to the Assistant Secretary for Detention Services,
regional office staff and the facility’s Superintendent. There were no criminal or
administrative investigations of sexual abuse in the past 12 months.
Standard 115. 387- Data Collection
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
Since the on-site visit, FDJJ has developed a standardized instrument with definitions to
collect accurate, uniform data for every allegation of sexual assault. The instrument includes
the data necessary to answer all questions from the most recent version of the Survey of
Sexual violence conducted by the Department of Justice. Pinellas PREA FOP requires CCC
to collect all data relating to PREA. A review of the annual report revealed it was completed
according to this standard.
Standard 115. 388- Data Review for Corrective Action
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
FDJJ’s annual report for fiscal year 2013-2014 indicates 32 PREA related allegations
reported by detention centers and residential facilities throughout the agency which include
one reported incident for Pinellas. The FDJJ PREA Coordinator reviews data to improve the
effectiveness of its prevention, protection and response policies, practices and training. The
annual report is made available to the public on FDJJ’s website.
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Standard 115. 389- Data Storage, Publication, and Destruction
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor comments:
Pinellas PREA FOP requires that sexual abuse and sexual harassment data to be collected and
securely retained for 10 years in accordance with the State of Florida’s records retention
schedule. The annual report is made available to the public on FDJJ’s website.
AUDITOR CERTIFICATION:
The auditor certifies that the contents of the report are accurate to the best of her knowledge
and no conflict of interest exists with respect to her ability to conduct an audit of the agency
under review.
Auditor’s Signature Date: December 8, 2014
PREA AUDIT: AUDITOR’S FINAL REPORT 20

report_type: PREA