summary: PREA

raw_content:
PREA AUDIT: Auditor’s Summary Report
JUVENILE FACILITIES
Name of
Physical
Date report
Auditor
Telephone
Date of facility
Facility
Facility Mailing
(if different from above) Same as Above
Telephone
The Facility County
Private for Municipal X
Private not for
Facility Correction
Name of PREA Compliance Manager: Frank Garrett Acting Supt
941-737-4583
Email Address: frank.gargett@djj.state.fl.us Telephone
Agency
Name of
Governing Authority Parent Agency: (if applicable)
Florida Department of Juvenile Justice
Physical
Mailing Address: (if different from above) Same as Above
Telephone
Agency Chief Executive
Name: Christy Daly Interim Secretary
850-413-7313
Email Address: Christy.Daly@djj.state.fl.us
Agency Wide PREA
Name: Gene McMahon Program Coordinator
850-688-0550
Email Address: gene.mcmahon@djj.state.fl.us
1
AUDIT FINDINGS
NARRATIVE:
Manatee Regional Juvenile Detention Center (MRJDC) is a 42 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 Bradenton, the facility is
operated by the Florida Department of Juvenile Justice (FDJJ) and serves Manatee, Sarasota and DeSoto
Counties. MRJDC admitted 1426 in the past 12 months. The average daily population is 27 and the average
length of stay for residents is 11 days.
In addition to 89 full-time staff, the facility has ten medical staff contracted through Maxim Healthcare
Services and eight mental health staff contracted through Camelot Community Care. Educational services
are provided by the Manatee County School Board. MRJDC has a total of 32 volunteers authorized to enter
the facility.
Services for residents include: education; mental health; substance abuse treatment; and health care.
Various mental health groups are offered to youth throughout their confinement. Recreational activities are
provided and encouraged for youth to take part in exercise programs and learning various coping
mechanisms. A typical day for residents involves hygiene, meals, school, structured physical and
educational activities, and court appearances as scheduled.
DESCRIPTION OF FACILITY CHARACTERISTICS:
The facility consists of one building with the following components: intake; medical; main control;
administrative offices; dining hall/kitchen area; classrooms and four housing modules. Only three modules,
two for males and one for females are currently being used. There are single occupancy rooms and three
observation rooms. Each module has an open dayroom area and a central bathroom with sinks and open
showers. The facility is equipped with a video surveillance system which includes 40 cameras.
SUMMARY OF AUDIT FINDINGS:
The notification of the on-site audit was posted on May 16, 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.
Half of the Pre-Audit Questionnaire, policies and supporting documentation were received on June 10, and
the other half was received the following week. The Pre-Audit Questionnaire and policies and documents
were uploaded to a UBS flash drive for review. 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
The on-site audit was conducted June 27, 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, observation was made of residents 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.
During the on-site visit, 14 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 FDJJ PREA Coordinator 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. Corrective measures were verified as indicated throughout this final PREA
Audit Auditor’s Summary 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
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:
MRJDC 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.
MRJDC 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 Acting Superintendent serves as the PREA
Compliance Manager. An interview with the PREA Compliance Manager revealed he has
sufficient time to oversee the facility’s PREA compliance efforts and to perform his other
duties.
Standard 115.312- Contracting with Other Entities for the Confinement of 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:
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
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:
MRJDC PREA FOP requires the facility to develop, implement and document an approved
staffing plan. My initial review indicated the facility does not have a staffing plan and 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 those ratios are met as indicated on the shift
schedules. The facility’s staffing pattern is based upon the current operating capacity of 42
residents. MRJDC PREA FOP requires the facility to 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 21, 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 was not available.
Corrective Measures Taken:
 A staffing plan was developed and implemented along with a form to document
staffing plan deviations.
 Documentation was provided 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:
MRJDC 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.
PREA AUDIT: AUDITOR’S FINAL
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.
MRJDC 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. The corrective action plan requires
that partitions or shower curtains be installed 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
bases.
MRJDC 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.
Corrective Measures Taken:
 FOP Room, Youth and Program Searches was revised to be consistent with this
standard and the PREA FOP regarding cross-gender searches.
 The PREA FOP was revised to prohibit cross-gender visual body cavity searches.
 Shower curtains were installed to each shower stall opening for privacy.
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:
MRJDC 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.
MRJDC 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
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 MRJDC 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. MRJDC 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:
MRJDC has not acquired any new facilities or updated surveillance technology since August
20, 2012. Three new cameras were acquired on June 11, 2014 to address blind spots in the
computer classroom and in B-3 housing module as identified during the annual staffing plan
review.
Standard 115.321- Evidence Protocol and Forensic Medical Examinations
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)
PREA AUDIT: AUDITOR’S FINAL
Auditor Comments:
MRJDC PREA FOP requires staff to report allegations of sexual abuse to the Manatee Police
Department for criminal investigations and to the Florida Central Abuse Hotline and FDJJ’s
Central Communication Center (CCC). MRJDC does not have a Memorandum of
Understanding or documented attempts to obtain a MOU with the Manatee Police
Department.
MRJDC is in the process of obtaining a MOU with Manatee Glens Rape Crisis Services, Inc.
for victims’ advocacy services. Forensic examinations will be conducted at the Manatee
Memorial Hospital by Manatee Glens’ SANE examiners.
Corrective Measures Taken:
 Documentation was provided of attempts to obtain an MOU from the Manatee Police
Department.
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:
MRJDC PREA FOP requires the immediate referral of all sexual abuse allegations to the
Manatee Police Department, the Florida Abuse Hotline and CCC. In the past 12 months,
MRJDC 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
Auditor Comments:
MRJDC 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. Employees 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:
MRJDC 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 read and to sign acknowledging they understand the
contents of the documents regarding PREA.
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.
Corrective Measures Taken:
 Documentation of an interactive form of PREA training for volunteers was provided
which includes having the appropriate supervisor review the training materials with
the volunteer to give the volunteer an opportunity to ask questions as needed.
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:
MRJDC 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
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.
Corrective Action Taken:
 Documentation was provided of current residents’ education sessions regarding
Manatee Glens 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 Manatee Police Department and the Florida Department of Children and Families
conduct criminal investigations into allegations of sexual abuse. MRJDC 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:
MRJDC 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.
Forensic examinations are conducted at a local hospital.
Corrective Measure Taken:
 Documentation was provided of the medical and mental health staff participation in
specialized PREA training.
PREA AUDIT: AUDITOR’S FINAL
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)
Auditor Comments:
MRJDC 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 (JAC) 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:
MRJDC 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.
MRJDC 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)
Meets Standard (substantial compliance; complies in all material ways with the
standard for the relevant review period)
X Does Not Meet Standard (requires corrective action)
PREA AUDIT: AUDITOR’S FINAL
Auditor Comments:
MRJDC 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.
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.
Corrective Measures Taken:
 FOP 10-25 PREA was revised to allow residents to use a PREA Reporting process to
report allegations of sexual abuse and sexual harassment.
 A PREA Reporting form was developed which would only require a resident to write
his/her name and check a box indicating the compliant is in reference to sexual abuse
or sexual harassment.
 Drop boxes were installed for residents to deposit their PREA Reporting forms to
ensure residents can privately report sexual abuse and sexual harassment.
 A procedure was implemented which allows residents to use a telephone to call the
hotline without having to obtain staff permission and that mandates staff not to
question residents about the reason for the call.
 Documentation was provided of staff and resident training on the implementation of
the above referenced procedure.
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:
MRJDC 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.
PREA AUDIT: AUDITOR’S FINAL
Corrective Measure Taken:
 FDJJ Policy 1919 was revised to indicate that the grievance procedure is not
used to report sexual abuse and sexual harassment. A PREA Reporting form
was implemented to allow residents to privately report sexual abuse and
sexual harassment in writing.
Standard 115. 353- 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:
MRJDC 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 Manatee Glens
Rape Crisis Center.
Signs containing the Manatee Glens hotline number and basic information about the service
were posted throughout the facility however resident interviews revealed they had no
knowledge of these services. 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.
Corrective Measure Taken:
 Documentation was provided of residents’ education sessions regarding services
offered by the victims’ advocacy organization (Manatee Glens).
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.
PREA AUDIT: AUDITOR’S FINAL
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 MRJDC staff are mandated reporters and are required by the MRJDC 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.
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:
MRJDC 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:
MRJDC 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 however during resident interviews, a resident
disclosed that he had been beaten the day before while detained at the JAC. I immediately
notified the Acting Superintendent who reported the incident as required by policy. There
PREA AUDIT: AUDITOR’S FINAL
were no allegations of sexual abuse received by MRJDC 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:
MRJDC 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:
MRJDC 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
leadership however a plan was not available.
Interviews with the Superintendent and other staff revealed that they are knowledgeable of
their duties in response to an allegation of sexual abuse.
Corrective Measure Taken:
 A coordinated staff response plan was developed.
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
PREA AUDIT: AUDITOR’S FINAL
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:
MRJDC would only restrict a resident to his/her single room or a direct observation 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
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:
MRJDC PREA FOP states that FDJJ does not conduct criminal investigations of residents’
allegations of sexual abuse. Local law enforcement (Manatee Police 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 were no allegations of sexual abuse or sexual harassment during the past 12 months.
PREA AUDIT: AUDITOR’S FINAL
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:
MRJDC 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. MRJDC 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.
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:
MRJDC 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 disciplined or terminated for violating the facility’s sexual abuse or harassment policies.
PREA AUDIT: AUDITOR’S FINAL
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:
MRJDC 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 Acting 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:
MRJDC 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.
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:
MRJDC 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. Medical/mental health staff obtain
informed consent from residents 18 years of age.
PREA AUDIT: AUDITOR’S FINAL
Corrective Measures Taken:
 Samples were provided of referrals to medical/mental health when residents disclose
a history of sexual abuse victimization or previously perpetrating sexual abuse.
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:
MRJDC 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 Manatee Memorial Hospital for a forensic examination by Manatee Glens
at no cost to the victim. Medical/mental health staff are required to document the response
and timeliness of emergency medical treatment and follow-up in a PREA Logbook. 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:
MRJDC 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.
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)
PREA AUDIT: AUDITOR’S FINAL
Auditor Comments:
MRJDC 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. MRJDC 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 includes
no reported incident for MRJDC. 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.
PREA AUDIT: AUDITOR’S FINAL
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:
MRJDC 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