summary: PREA - Year 3 Cycle 3

raw_content:
Prison Rape Elimination Act (PREA) Audit Report
Juvenile Facilities
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Interim Final
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Date of Interim Audit Report: Click or tap here to enter text. N/A
If no Interim Audit Report, select N/A
Date of Final Audit Report: January 19, 2022
Auditor Information
Name: Robert Manville Email: robertmanville9@gmail.com
Company Name: Correctional Management and Communications Group, LLC
Mailing Address: 168Dogwood Drive City, State, Zip: Milledgeville, Ga. 31061
Telephone: 912-486-0004 Date of Facility Visit: 01-10 through 01- 11, 2022
Agency Information
Name of Agency
Florida Department of Juvenile Justice
Governing Authority or Parent Agency (If Applicable):
2737 Centerview Drive City, State, Zip: Tallahassee, Florida 32399
Mailing Address: Click or tap here to enter text. City, State, Zip
The Agency Is:
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Military
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Private for Profit
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Private not for Profit
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Municipal County State Federal
Agency Website with PREA Information: www. djj.state.fl.us/partners/prison-rape-elimination-act-(prea)
Agency Chief Executive Officer
Name: Eric S. Hall
Email: Eric.Hall@fldjj.gov Telephone: 850-717-2701
Agency-Wide PREA Coordinator
Name: Jeff Wenhold
Email: jeff.wenhold@djj.state.fl.us Telephone: 850-717-2533
PREA Coordinator Report to: Number of Compliance Managers who report to the PREA
Coordinator: 0
PREA Audit Report – v6 Page 1 of 111 Southwest Regional Detention Center
Garrett Tucker Click or tap here to enter text.
Facility Information
Name of Facility: Southwest Regional Juvenile Detention Center (SWRJDC)
Physical Address: 2525 Ortiz Ave City, State, Zip: Fort Myers, Florida, 33905
Mailing Address: Click or tap here to enter text. City, State, Zip: Click or tap here to enter text.
☐ ☐ ☐
The Facility Is: Military Private for Profit Private not for Profit
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Municipal County State Federal
Facility Website with PREA Information: www.djj.state.fl.us/partners/prison-rape-elimination-act-(prea)
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Has the facility been accredited within the past 3 years? Yes No
If the facility has been accredited within the past 3 years, select the accrediting organization(s) – select all that apply (N/A if
the facility has not been accredited within the past 3 years):
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ACA
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NCCHC
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CALEA
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Other (please name or describe: N/A
If the facility has completed any internal or external audits other than those that resulted in accreditation, please describe:
Florida Department of Juvenile Justice Quality Improvement Audit
Facility Superintendent/Superintendent/Director
Name: Kiva Hagans – Acting Superintendent
Email: Kiva.Hagans@fldjj.gov Telephone: 239-332-6927
Facility PREA Compliance Manager
Name: Mary Pagano – Asst. Superintendent
Email: Mary.Pagano@fldjj.gov Telephone: 239-464-5112
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Facility Health Service Superintendent N/A
Name: Dr. Ramandeep Dhillon-Gill
Email: Ramandeep.DhilonGill@fldjjj.gov Telephone: 330-464-5112
Facility Characteristics
Designated Facility Capacity: 60
PREA Audit Report – v6 Page 2 of 111 Southwest Regional Detention Center
Current Population of Facility: 19
Average daily population for the past 12 months: 19
Has the facility been over capacity at any point in the ☐ ☒
Yes No
past 12 months?
Which population(s) does the facility hold?
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Females
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Males
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Both Females and Males
Age range of population: 9-21
Average length of stay or time under supervision 21 days
Facility security levels/resident custody levels secure
Number of residents admitted to facility during the past 12 months 416
Number of residents admitted to facility during the past 12 months whose length of
296
stay in the facility was for 72 hours or more:
Number of residents admitted to facility during the past 12 months whose length of
267
stay in the facility was for 10 days or more:
Does the audited facility hold residents for one or more other agencies (e.g. a State
correctional agency, U.S. Marshals Service, Bureau of Prisons, U.S. Immigration and
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Yes
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No
Customs Enforcement)?
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Federal Bureau of Prisons
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U.S. Marshals Service
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U.S. Immigration and Customs Enforcement
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Bureau of Indian Affairs
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U.S. Military branch
Select all other agencies for which the audited ☐ State or Territorial correctional agency
facility holds residents: Select all that apply (N/A if
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the audited facility does not hold residents for any County correctional or detention agency
other agency or agencies):
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Judicial district correctional or detention facility
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City or municipal correctional or detention facility (e.g. police lockup or
city jail)
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Private corrections or detention provider
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Other - please name or describe: Click or tap here to enter text.
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N/A
Number of staff currently employed by the facility who may have contact with
36
residents:
Number of staff hired by the facility during the past 12 months who may have contact
with residents:
88
Number of contracts in the past 12 months for services with contractors who may
1
have contact with residents:
Number of individual contractors who have contact with residents, currently
10
authorized to enter the facility:
Number of volunteers who have contact with residents, currently authorized to enter
5
the facility:
PREA Audit Report – v6 Page 3 of 111 Southwest Regional Detention Center
Physical Plant
Number of buildings:
Auditors should count all buildings that are part of the facility, whether residents are
formally allowed to enter them or not. In situations where temporary structures have
been erected (e.g., tents) the auditor should use their discretion to determine whether
1
to include the structure in the overall count of buildings. As a general rule, if a
temporary structure is regularly or routinely used to hold or house residents, or if the
temporary structure is used to house or support operational functions for more than a
short period of time (e.g., an emergency situation), it should be included in the overall
count of buildings.
Number of resident housing units:
Enter 0 if the facility does not have discrete housing units. DOJ PREA Working Group
FAQ on the definition of a housing unit: How is a "housing unit" defined for the
purposes of the PREA Standards? The question has been raised in particular as it
relates to facilities that have adjacent or interconnected units. The most common
concept of a housing unit is architectural. The generally agreed-upon definition is a
space that is enclosed by physical barriers accessed through one or more doors of
various types, including commercial-grade swing doors, steel sliding doors,
interlocking sally port doors, etc. In addition to the primary entrance and exit,
additional doors are often included to meet life safety codes. The unit contains
sleeping space, sanitary facilities (including toilets, lavatories, and showers), and a
2
dayroom or leisure space in differing configurations. Many facilities are designed with
modules or pods clustered around a control room. This multiple-pod design provides
the facility with certain staff efficiencies and economies of scale. At the same time, the
design affords the flexibility to separately house residents of differing security levels,
or who are grouped by some other operational or service scheme. Generally, the
control room is enclosed by security glass, and in some cases, this allows residents
to see into neighboring pods. However, observation from one unit to another is
usually limited by angled site lines. In some cases, the facility has prevented this
entirely by installing one-way glass. Both the architectural design and functional use
of these multiple pods indicate that they are managed as distinct housing units.
Number of single resident cells, rooms, or other enclosures: 4
Number of multiple occupancy cells, rooms, or other enclosures: 23
Number of open bay/dorm housing units: 0
Number of segregation or isolation cells or rooms (for example, administrative,
4
disciplinary, protective custody, etc.):
Does the facility have a video monitoring system, electronic surveillance system, or ☒ ☐
Yes No
other monitoring technology (e.g. cameras, etc.)?
Has the facility installed or updated a video monitoring system, electronic surveillance ☒ ☐
Yes No
system, or other monitoring technology in the past 12 months?
Medical and Mental Health Services and Forensic Medical Exams
Are medical services provided on-site?
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Yes
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No
Are mental health services provided on-site?
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Yes
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No
PREA Audit Report – v6 Page 4 of 111 Southwest Regional Detention Center
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On-site
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Where are sexual assault forensic medical exams Local hospital/clinic
provided? Select all that apply. ☐
Rape Crisis Center
☒ Other (please name or describe: Health Department)
Investigations
Criminal Investigations
Number of investigators employed by the agency and/or facility who are responsible
for conducting CRIMINAL investigations into allegations of sexual abuse or sexual 0
harassment:
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Facility investigators
When the facility received allegations of sexual abuse or sexual harassment (whether
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staff-on-resident or resident-on-resident), CRIMINAL INVESTIGATIONS are conducted Agency investigators
by: Select all that apply.
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An external investigative entity
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Local police department
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Local sheriff’s department
Select all external entities responsible for CRIMINAL ☐
State police
INVESTIGATIONS: Select all that apply (N/A if no
external entities are responsible for criminal ☐
A U.S. Department of Justice component
investigations)
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Other
☐
N/A
Administrative Investigations
Number of investigators employed by the agency and/or facility who are responsible
for conducting ADMINISTRATIVE investigations into allegations of sexual abuse or 13 Fl. DJJ Inspector General
sexual harassment?
When the facility receives allegations of sexual abuse or sexual harassment (whether ☐
Facility investigators
staff-on-resident or resident-on-resident), ADMINISTRATIVE INVESTIGATIONS are
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conducted by: Select all that apply Agency investigators
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An external investigative entity
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Local police department
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Local sheriff’s department
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Select all external entities responsible for State police
ADMINISTRATIVE INVESTIGATIONS: Select all that
☐
apply (N/A if no external entities are responsible for A U.S. Department of Justice component
administrative investigations) ☒
Other Florida Department of Juvenile Justice Office of the
Inspector General (OIG)
☐
N/A
Audit Findings
Audit Narrative (including Audit Methodology)
PREA Audit Report – v6 Page 5 of 111 Southwest Regional Detention Center
The auditor’s description of the audit methodology should include a detailed description of the following
processes during the pre-onsite audit, onsite audit, and post-audit phases: documents and files reviewed,
discussions and types of interviews conducted, number of days spent on-site, and observations made during
the site-review, and a detailed description of any follow-up work conducted during the post-audit phase. The
narrative should describe the techniques the auditor used to sample documentation and select interviewees,
and the auditor’s process for the site review.
On December 1, 2021, Southwest Regional Juvenile Detention Center placed Audit Notices (in
English and Spanish) in strategic locations throughout the center where residents routinely
live, enter and exit buildings, and participate in programming.
The Southwest Regional Juvenile Detention Center was asked to complete the Pre-Audit
Questionnaire (PAQ) which was received from the center on December 29, 2021. Pertinent
documentation received during the pre-audit phase was reviewed and follow-up clarification or
requests for additional documentation and revised submittals were assessed. Documentation
reviewed included, but not limited to, educational materials, training logs, posters, brochures,
agency policies and procedures.
Site Review:
Immediately following the opening meeting, a tour of center was conducted. The auditor was
escorted by the center’s PREA Compliance Manager. The auditor was given unimpeded
access to all areas of the center.
During the comprehensive tour of the facility, posted signs were also observed regarding
general PREA information and contact numbers for reporting sexual abuse or sexual
harassment. Also presented was the phone number and address for the Abuse, Counseling
and Treatment Shelter (ACT) and the telephone number for the local police department and
the Central Communication Centers (CCC). Residents were observed interacting with staff
under staff’s direct supervision during dinner time, leisure activities, and education activities in
the classrooms. Telephone calls to the ACT, local police and CCC were answered by a live
person. There is an office that is utilized by the resident to make these phone calls in each of
the housing units or supervisor’s office. The resident’s attorneys and parent can utilize this
same phone in emergency or legal information.
A review of logbooks and records revealed documentation of safety and PREA rounds. The
Facility Superintendent makes continuous rounds throughout the center. Staff announce their
presence prior to entering a dormitory housing resident of the other gender. There are posting
in each living unit, day room, and food service area that includes Zero Policy for sexual abuse
or sexual harassment, ways of reporting sexual abuse or sexual harassment, victim advocacy
phone number and address, and Florida Department of Juvenile Justice PREA hotline. (CCC)
Staff Interviews:
PREA Audit Report – v6 Page 6 of 111 Southwest Regional Detention Center
The center is staffed by 36 persons. The facility superintendent oversees the overall
operations of the complex. There are a minimum of two staff always assigned to the facility.
The facility requires a minimum of one (1) direct care staff for 8 residents during always waken
hours and a minimum ratio of one (1) direct care staff for 16 residents on duty at other times.
The center has had a reduction in staff due to the pandemic and are in the process of
recruiting and training inexperienced staff members.
During the audit there were a total of 18 direct staff working at the facility during the two day
audit. Fifteen direct care were available for interviews. One direct care staff was supervising a
Zoom court proceeding, two were off site for a medical appointment All of the remaining direct
care staff were interviewed by the audit. This included five on the first shift, five on the second
shift and five on the third shift. Direct care staff were interviewed regarding training, their
knowledge of first responder duties, reporting mechanisms for staff and residents, and their
perception of sexual safety and appropriate offender privacy issues. Nine (9) specialized staff
were interviewed. The specialized staff included the Facility Superintendent, PREA
Compliance Manager, Assistant Manager, Shift Supervisors, Nurse, Mental Health,
Administrative Assistant, and Retaliation Monitor. These staff have collateral duties that
include all areas required for a PREA audit. Telephone interviews were conducted by the
Agency Head designee, Agency PREA coordinator and Agency contracting supervisor and
staff with the Office of Inspector General. Telephone interviews were also conducted with the
Abuse, Counseling and Treatment Shelter who are also responsible to advocacy service and
emotional support services for residents. Lee County Medical Center provides SANE
evaluations and activates the SART when a resident is transported for a SANE evaluation.
Resident Interviews:
At the time of the audit there were 19 residents assigned to the facility. Sixteen residents were
interviewed. One resident declined interview, one resident was out of the faciity, and one
resident was in a court hearing. There were one resident that claimed prior sexual abuse or
victimization and one resident that that was English deficient in the targeted population as
published by the auditor’s handbook.
Staff File Review:
The auditor requested random personnel background checks and reviewed 10 employee
training records two contractor files and two volunteer files. The employee records included
three staff that had been employed at the facility more than 5 years, 3 of the staff were
promoted and four of the staff were employed in the last 12 months check was completed and
is maintained on file in the personnel’s office. The contractor’s files had the same email
indicating background clearance and contained PREA training documentation.
Training Files Review
The auditor requested some specific and some random training files for employees. Including
in the specific list was training staff, director, PCM, shift supervisor and ten random monitors.
Medical staff receive the same specialized training as Department medical staff. At Southwest
County medical and mental health staff are contracted with Camelot Medical and Mental
PREA Audit Report – v6 Page 7 of 111 Southwest Regional Detention Center
Health providers. Their training files are maintained by Camelot. The training files were
requested and reviewed. The medical and mental health staff have received specialized
training for Sexual Abuse and victimization.
Resident Files Review
Ten residential records were reviewed utilizing the worksheet provided by the PREA Resource
Center. Included in the review was age, date of arrival, date of initial PREA orientation, date of
comprehensive PREA training, initial Vulnerability Screening and rescreening after resident
had been at the facility twenty five to thirty days. A review of the residential records also
included resident referrals for mental health or victim advocate programs. The resident’s file
contained documentation of Intake Screening, Intake PREA notification, rescreening and
formalized PREA education. All time requirements were met on each area.
Investigation Review:
One Investigative files was reviewed by the auditor. The investigation was determined to be
sexual abuse and referred to OIG and local police who investigated the allegation The
investigation was determined to be unfounded.
Facility Characteristics
The auditor’s description of the audited facility should include details about the facility type, demographics
and size of the resident, resident or detainee population, numbers and type of staff positions, configuration
and layout of the facility, numbers of housing units, description of housing units including any special
housing units, a description of programs and services, including food service and recreation. The auditor
should describe how these details are relevant to PREA implementation and compliance.
After meeting with the facility superintendent, a tour of the facility was conducted. During the
tour, the auditor reviewed PREA related documentation and materials located on bulletin
boards, and pertinent log entries made by staff who visit work and program areas. Additional
areas of focus during the center tour included an assessment of limits to cross-gender viewing
(can residents shower, dress, and use the bathroom facilities without exposing themselves to
employees of the opposite gender). External advocacy and “internal hotline” information was
assessed while touring the facilities. Postings (in English and Spanish) regarding PREA
violation reporting and the agency’s zero tolerance Policy for sexual abuse and sexual
harassment were prominently displayed in all living units, and throughout the center. The tour
revealed adequate staff coverage, and physical supervision. There are 36 staff and 11
contractors’ positions assigned to SWRJDC at the present time.
The building is located at 2525 Ortiz Ave, Fort Myers, Florida. The center operates under one
roof. There is a front entrance staff for sign in and maintains securing to the secure area of the
facility. The facility has a control room that houses an updated monitoring area in which all
cameras’ feeds or on display to the control room operator. The physical plant consists of one
main building and three education portables. The main building houses the lobby area;
administrative area; video surveillance control room; three housing units; four confinement
PREA Audit Report – v6 Page 8 of 111 Southwest Regional Detention Center
cells; multi-purpose room; staff briefing/training room; medical clinic; intake; offices; computer
lab; kitchen/dining area; and teachers’ lounge. The facility's dining area is the primary location
for visitation. Female youth are housed in Module G which houses a capacity of 12 sleeping
rooms and a community bathroom and three individual shower stalls with shower curtains for
privacy. G module has an expansion wall that provides separation from the female unit shower
and sleeping area and increases the number of male youths that can be housed in a separate
area that includes an entrance and exit door and an officer’s station for the female unit and an
entrance, exit and staff station for the male unit. The other Module B has twelve rooms and
houses the male population. This module also includes a community bathroom and three
individual shower stalls with shower curtains for privacy.
There is a multiple purpose area located in each housing units for group meeting and general
leisure activities.
Each housing unit has a PREA board that includes the information for the Victim Advocate
program, PREA specific posters to provide general information on sexual safe facilities. Also it
includes external advocacy, and “internal hotline” information was assessed while touring the
facilities. Postings (in English and Spanish) regarding PREA violation reporting and the
agency’s zero tolerance Policy for sexual abuse and sexual harassment. There is a Medical
Request Forms, PREA/grievance forms, and the locked boxes for each are posted in the
communal area, accessible to all residents, staff, and visitors. All residents have access to
writing utensils needed for completing the forms. All housing units are under constant camera
surveillance .
The bathrooms used by the residents afford them a reasonable amount of privacy for changing
clothes, using the toilet, and showering. There are no surveillance cameras located in the
bedrooms or bathrooms. Posted signs were observed requiring female staff to announce their
presence when entering the dormitories. The residents interviewed stated female staff
members announce their presence upon entering their dormitory. The practice of female staff
announcing their presence was observed during the comprehensive tour of the facility.
The intake processing area includes a salle port entry into this area. There are single rooms
located in this area that is also utilized for time out or holding rooms for the general population.
There are private offices and a changing room in this area. A PREA bulletin board is in this
area. There is a television located in the intake area in which all residents see a PREA video
that is Southwest Regional Juvenile Detention Center explaining the PREA program at the
facility. It is one of several videos that intake staff use as a PREA comprehensive training
program, however it is the first notification as soon as the resident arrives at the facility prior to
the intake process.
The facility has two nurses that are assigned to the facility to provide 12 hours of coverage a
day. They share a small examination room and office area. Medical services are contracted
with Camelot Health Care Services and Mental Health services are contracted with Maxim
Health Care Services. Medical and Mental Health Services are available to youth seven days a
week. The contracted staff consists of a Physician, a Registered Nurse Practitioner,
Registered Nurses, and a Licensed Mental Health Counselor.
PREA Audit Report – v6 Page 9 of 111 Southwest Regional Detention Center
The food service area includes a food prep area, a cooking area, a general storage area and a
dining room area. Each of these areas are under constant monitoring by cameras.
The education wing includes three portable classrooms. There are cameras located in each of
the classrooms. The educational services are funded by the Florida Department of Education
through the Lee County School District
The visitation area can be accessed through the front entrance and through the secure area of
the facility. The facility allows for contact visits. There are cameras located in the visitation
room as well as PREA Notices on the visitation room bulletin board.
Summary of Audit Findings
The summary should include the number and list of standards exceeded, number of standards met, and
number and list of standards not met.
Auditor Note: No standard should be found to be “Not Applicable” or “NA.” A compliance determination
must be made for each standard.
Standards Exceeded
Number of Standards Exceeded: 5
List of Standards Exceeded: Standard 115.311: Zero tolerance of sexual abuse
and sexual harassment; Standard 115.321: Evidence protocol and forensic medical
examinations ; Standard 115.383: Ongoing medical and mental health care for sexual abuse
victims and abusers Standard 115.333: Resident education; Standard 115.353: Resident
access to outside confidential support services and legal representation; Standard 115.383:
Ongoing medical and mental health care for sexual abuse victims and abusers
Standards Met
Number of Standards Met: 38
Standards Not Met
Number of Standards Not Met: Click or tap here to enter text.
List of Standards Not Met: Click or tap here to enter text.
PREVENTION PLANNING
Standard 115.311: Zero tolerance of sexual abuse and sexual harassment;
PREA coordinator
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
PREA Audit Report – v6 Page 10 of 111 Southwest Regional Detention Center
115.311 (a)
▪ Does the agency have a written Policy mandating zero tolerance toward all forms of sexual
abuse and sexual harassment? ☒ Yes ☐ No
▪ Does the written Policy outline the agency’s approach to preventing, detecting, and responding
to sexual abuse and sexual harassment? ☒ Yes ☐ No
115.311 (b)
▪ Has the agency employed or designated an agency-wide PREA Coordinator? ☒ Yes ☐ No
▪ Is the PREA Coordinator position in the upper-level of the agency hierarchy? ☒ Yes ☐ No
▪ Does the PREA Coordinator have sufficient time and authority to develop, implement, and
oversee agency efforts to comply with the PREA standards in all of its facilities? ☒ Yes ☐ No
115.311 (c)
▪ If this agency operates more than one facility, has each facility designated a PREA compliance
manager? (N/A if agency operates only one facility.) ☒ Yes ☐ No ☐ NA
▪ Does the PREA compliance manager have sufficient time and authority to coordinate the
facility’s efforts to comply with the PREA standards? (N/A if agency operates only one facility.)
☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☒
Exceeds Standard (Substantially exceeds requirement of standards)
☐
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
Agency Org Chart
Facility Org Chart
Department of Juvenile Justice Policy 1919 PREA revised 4-16-19.
PREA Audit Report – v6 Page 11 of 111 Southwest Regional Detention Center
Zero tolerance poster
agency-overview-with-names
Agency PREA contact staff
Department of Juvenile Justice Policy 1919 PREA - Definitions
Florida Department of Juvenile Justice is committed to a zero-tolerance standard for incidents
of sexual abuse and sexual harassment. The agency has developed and implement policies to
comply with PREA standards for Juvenile Facilities.
Everyone has the right to be free from sexual abuse, sexual harassment, neglect, and
exploitation. This includes not being subjected to sexually assaultive, abusive, and/or
harassing behavior from staff and other residents. DJJ policies establishes that all facilities,
staff, residents, volunteers, contractors, or visitor are committed to a zero-tolerance standard
for incidents of sexual abuse and sexual harassment. Residents with disabilities are afforded
the same rights and will be provided access to interpreters, presented material to effectively
communicate with those residents who have intellectual disabilities, limited reading skills, blind
or have low vision. Residents will have access to interpreters who can interpret effectively,
accurately, and impartially, both receptively and expressively, using any necessary specialized
vocabulary. Interpreters will be provided through local community resources. Residents with
disabilities have equal opportunity to participate in and benefit from all aspects of Southwest
Regional Juvenile Detention Center’s efforts to prevent, detect, and respond to sexual abuse
and sexual harassment. While housed at Southwest Regional Juvenile Detention Center
there is no such thing as consensual sex, meaning no person regardless of age can “agree” to
have sex or sexual contact with staff or another resident. If the center learns that a resident is
subjected to or a substantial risk of imminent sexual abuse, the center shall take immediate
action to protect the resident. Within this Policy all references to sexual abuse includes sexual
harassment, as appropriate.
Florida Department of Juvenile Justice employs an upper-level, agency-wide PREA
Coordinator at the headquarters level. The agency’s organizational chart depicts her position
within the agency. DJJ mandate employee to oversee statewide agency efforts to comply with
the PREA standards as set forth in this Policy for all DJJ residential facilities. DJJ mandate
site specific employee designated to coordinate the facility’s efforts to comply with the PREA
standards as set forth in this Policy. The Florida Department of Juvenile Justice Policy 1919
(FDJJ Policy 1919 ) serves as the overarching Policy for all facilities. South Regional
management team which includes a regional director, assistant regional director and a
Government Operation Consultant II that works with the State Facilities to facilitate PREA
obligations. The South area consultant is knowledgeable of PREA and works with the facility
superintendents to resolves any concerns, or corrective actions plans.
The PREA Coordinator oversees the efforts to comply with the PREA standards in all
facilities. The PREA coordinator ensures that all its facilities have a PREA Compliance
Manager with sufficient time and authority to coordinate the facilities PREA efforts.
Any employee, supervisor or manager who violates PREA mandates and in accordance with
the agency’s Standards of Conduct, is subject to disciplinary action, including termination. All
PREA Audit Report – v6 Page 12 of 111 Southwest Regional Detention Center
volunteers, vendors, contractors, and their representatives shall also comply with this Policy,
or the working relationship/contract may be severed.
All claims of sexual assault will be immediately reported to the Florida Department of Juvenile
Justice and when violation of law to local law enforcement agency.
Residents are informed orally about the zero-tolerance Policy and the PREA program during
in-processing. Additional interpretive services are available for residents who do not speak or
read English. The agency provides resources to facilities to support the needs for deaf and
blind residents. Both institution staff and residents are provided with a wealth of opportunities
to become aware of PREA policies and procedures. In general discussion with youth, it was
obvious that the youth at SWRJDC feel safe and comfortable to discuss protecting each other
from sexual abuse or sexual harassment.
Exceed Compliance was determined by review of multiple PREA policies, posters and
interviews with staff and residents. Somers, CT 06071 Niantic, CT 06357
Standard 115.312: Contracting with other entities for the confinement of
residents
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.312 (a)
▪ If this agency is public and it contracts for the confinement of its residents with private agencies
or other entities including other government agencies, has the agency included the entity’s
obligation to adopt and comply with the PREA standards in any new contract or contract
renewal signed on or after August 20, 2012? (N/A if the agency does not contract with private
agencies or other entities for the confinement of residents.) ☒ Yes ☐ No ☐ NA
115.312 (b)
▪ Does any new contract or contract renewal signed on or after August 20, 2012, provide for
agency contract monitoring to ensure that the contractor is complying with the PREA standards?
(N/A if the agency does not contract with private agencies or other entities for the confinement
of residents.) ☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
PREA Audit Report – v6 Page 13 of 111 Southwest Regional Detention Center
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
Copy of FDJJ Contracted Programs
Field Operation Procedure 3.09
PDF Global Interpreting Services July 2020
FDJJ Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
PREA contract language
FDJJ Policy (FDJJ 1919), Prison Rape Elimination Act (PREA) mandates any new contract or
contract renewal shall provide for agency contract monitoring to ensure that the contractor is
complying with the PREA standards. All contracts require FDJJ to monitor the contractor’s
compliance with PREA standards. Currently, FDJJ has over 50 contracts with providers for the
confinement of juveniles in residential facilities throughout the State of Florida. A review of a
signed contract 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. A
random review of contracting facilities from the FDJJ website found that all reviewed
contracting facilities have undergone PREA audits during the last 3 years. Compliance was
determined by review of the policy, PREA audits and interviews with PREA coordinator.
Standard 115.313: Supervision and monitoring
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.313 (a)
▪ Does the facility have a documented staffing plan that provides for adequate levels of staffing
and, where applicable, video monitoring, to protect residents against sexual abuse?
▪ ☒ Yes ☐ No
▪ In calculating adequate staffing levels and determining the need for video monitoring, does the
staffing plan take into consideration: Generally accepted juvenile detention and
correctional/secure residential practices? ☒ Yes ☐ No
▪ In calculating adequate staffing levels and determining the need for video monitoring, does the
staffing plan take into consideration: Any judicial findings of inadequacy? ☒ Yes ☐ No
▪ In calculating adequate staffing levels and determining the need for video monitoring, does the
staffing plan take into consideration: Any findings of inadequacy from Federal investigative
agencies? ☒ Yes ☐ No
PREA Audit Report – v6 Page 14 of 111 Southwest Regional Detention Center
▪ In calculating adequate staffing levels and determining the need for video monitoring, does the
staffing plan take into consideration: Any findings of inadequacy from internal or external
oversight bodies? ☒ Yes ☐ No
▪ In calculating adequate staffing levels and determining the need for video monitoring, does the
staffing plan take into consideration: All components of the facility’s physical plant (including
“blind-spots” or areas where staff or residents may be isolated)? ☒ Yes ☐ No
▪ In calculating adequate staffing levels and determining the need for video monitoring, does the
staffing plan take into consideration: The composition of the resident population? ☒ Yes ☐ No
▪ In calculating adequate staffing levels and determining the need for video monitoring, does the
staffing plan take into consideration: The number and placement of supervisory staff? ☒ Yes
☐ No
▪ In calculating adequate staffing levels and determining the need for video monitoring, does the
staffing plan take into consideration: Institution programs occurring on a particular shift? ☒ Yes
☐ No
▪ In calculating adequate staffing levels and determining the need for video monitoring, does the
staffing plan take into consideration: Any applicable State or local laws, regulations, or
standards? ☒ Yes ☐ No
▪ In calculating adequate staffing levels and determining the need for video monitoring, does the
staffing plan take into consideration the prevalence of substantiated and unsubstantiated
incidents of sexual abuse? ☒ Yes ☐ No
▪ In calculating adequate staffing levels and determining the need for video monitoring, does the
staffing plan take into consideration: Any other relevant factors? ☒ Yes ☐ No
115.313 (b)
▪ Does the agency comply with the staffing plan except during limited and discrete exigent
circumstances? ☒ Yes ☐ No
▪ In circumstances where the staffing plan is not complied with, does the facility document all
deviations from the plan? (N/A if no deviations from staffing plan.) ☒ Yes ☐ No ☐ NA
115.313 (c)
▪ Does the facility maintain staff ratios of a minimum of 1:8 during resident waking hours, except
during limited and discrete exigent circumstances? (N/A if the facility is not a secure juvenile
facility per the PREA standards definition of “secure.”)
☒ Yes ☐ No ☐ NA
▪ Does the facility maintain staff ratios of a minimum of 1:16 during resident sleeping hours,
except during limited and discrete exigent circumstances? (N/A if the facility is not a secure
juvenile facility per the PREA standards definition of “secure.”) ☒ Yes ☐ No ☐ NA
PREA Audit Report – v6 Page 15 of 111 Southwest Regional Detention Center
▪ Does the facility fully document any limited and discrete exigent circumstances during which the
facility did not maintain staff ratios? (N/A if the facility is not a secure juvenile facility per the
PREA standards definition of “secure.”) ☒ Yes ☐ No ☐ NA
▪ Does the facility ensure only security staff are included when calculating these ratios? (N/A if the
facility is not a secure juvenile facility per the PREA standards definition of “secure.”) ☒ Yes ☐
No ☐ NA
▪ Is the facility obligated by law, regulation, or judicial consent decree to maintain the staffing
ratios set forth in this paragraph? ☒ Yes ☐ No
115.313 (d)
▪ In the past 12 months, has the facility, in consultation with the agency PREA Coordinator, assessed,
determined, and documented whether adjustments are needed to: The staffing plan established
pursuant to paragraph (a) of this section? ☒ Yes ☐ No
▪ In the past 12 months, has the facility, in consultation with the agency PREA Coordinator,
assessed, determined, and documented whether adjustments are needed to: Prevailing staffing
patterns? ☒ Yes ☐ No
▪ In the past 12 months, has the facility, in consultation with the agency PREA Coordinator,
assessed, determined, and documented whether adjustments are needed to: The facility’s
deployment of video monitoring systems and other monitoring technologies? ☒ Yes ☐ No
▪ In the past 12 months, has the facility, in consultation with the agency PREA Coordinator,
assessed, determined, and documented whether adjustments are needed to: The resources the
facility has available to commit to ensure adherence to the staffing plan? ☒ Yes ☐ No
115.313 (e)
▪ Has the facility implemented a Policy and practice of having intermediate-level or higher-level
supervisors conduct and document unannounced rounds to identify and deter staff sexual
abuse and sexual harassment? (N/A for non-secure facilities) ☒ Yes ☐ No ☐ NA
▪ Is this Policy and practice implemented for night shifts as well as day shifts? (N/A for non-
secure facilities) ☒ Yes ☐ No ☐ NA
▪ Does the facility have a Policy prohibiting staff from alerting other staff members that these
supervisory rounds are occurring unless such announcement is related to the legitimate
operational functions of the facility? (N/A for non-secure facilities) ☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
PREA Audit Report – v6 Page 16 of 111 Southwest Regional Detention Center
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
Staff to youth ratio docs
Unannounced Tours Mar Apr May 2021
FDJJ Policy 1919 Prison Rape Elimination Act (PREA)
STAFFING PLAN-Southwest 2021
Staffing plan assessment 6.16.21
Southwest PREA Shower Procedures
Southwest Staffing Plan Memo
Southwest Facility Org Chart
Monthly Schedule
Resident Daily Rosters
FOP 3.09
PREA 2019-2021 Staffing Plans
PREA Pre-Audit Questionnaire
DJJ Policies mandates that supervisor will conduct and document unannounced rounds. The
Policy also mandates that Facility Superintendent conducts unannounced visits on all shifts
during the night and weekend. The center maintains a log of these reviews that confirm their
visits. Policy requires that staff will not be alerted to the unannounced unscheduled rounds
occurring.
Unless there is an exigent circumstance staff of the opposite gender entering a unit will
announce their presence when entering an area where residents are likely to be showering,
performing bodily functions, or changing clothing. Staff would document on the unit log if an
exigent circumstance occurred.
Each year during the agency reviews of staffing includes needs for cameras, staffing or
rearranging the staffing plan to meet the required staff in order to maintain a safe and secure
operation. Their staffing plan’s annual reviews conducted in 2021 were found to be in
compliance with this standard.
The staffing plan included:
1) Generally accepted detention and correctional/secure residential practices.
(2) Any judicial findings of inadequacy.
PREA Audit Report – v6 Page 17 of 111 Southwest Regional Detention Center
(3) Any findings of inadequacy from Federal investigative agencies.
(4) Any findings of inadequacy from internal or external oversight bodies.
(5) All components of the facility’s physical plant (including “blind spots” or areas where staff or
residents may be isolated).
(6) The composition of the resident population.
(7) The number and placement of supervisory staff.
(8) Institution programs occurring on a particular shift.
(9) Any applicable State or local laws, regulations, or standards.
(10) The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and
(11) Any other relevant factors.
The facility did not report deviations from the staffing plan during the past 12 months. The staff-
to-youth ratios of a minimum of 1: 8 during the resident waking and minimum of 1:16 during
sleeping hours is always maintained, the facility has a mechanism in place for call outs and
staff volunteer to stay over if needed. Southwest Regional Juvenile Detention Center utilizes
staff monitoring to protect the residents from sexual abuse and harassment. Based on
conversations with the PREA coordinator and facility superintendent it was obvious that the
facilities review all areas of the center for additional staffing and resident movement in order to
meet the requirement of this standard.
The direct care staff were noted to be located throughout the center during the tour or review
of cameras monitoring. The facilities utilize the standard of minimum of 1 to 8 direct care staff
during waking hours and minimum of 1 to 16 during sleeping hours. Random interviewed direct
care confirmed that they are assigned based on activities at each unit which will impact the
staffing plan. The random staff stated that the center does not count control operators toward
meeting this requirement. The facility superintendent provided a daily roster that indicates the
staffing utilized during the prior 24 hours.
During the last year, as most facilities, the facility has had to meet the minimum staffing by
hold overs, over time and reduction in residents the center could manage. In interviews with
the superintendent and with the regional director, the facilities in the south region work in a
coordinated effort to maintain the staff needed to meet the minimum standards and to maintain
a safe environment for the residents. If residents are assigned to a hospital, the regional staff
will augment staff from other facilities to maintain the minimum staffing. According to the
regional director at least weekly if not daily staff from the regional office discuss staffing needs
with each facility. This includes, high security intakes, one on one mental health residents,
hospital admissions and increases in resident behavioral problems.
The superintendent and Regional Staff conduct and document unannounced rounds on all
shifts and all areas of the facility to monitor and deter staff sexual abuse and harassment.
Compliance was determined by review of policies, documentation and interview with staff
confirm compliance with this standard.
Standard 115.315: Limits to cross-gender viewing and searches
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
PREA Audit Report – v6 Page 18 of 111 Southwest Regional Detention Center
115.315 (a)
▪ Does the facility always refrain from conducting any cross-gender strip or cross-gender visual
body cavity searches, except in exigent circumstances or by medical practitioners?
☒ Yes ☐ No
115.315 (b)
▪ Does the facility always refrain from conducting cross-gender pat-down searches in non-exigent
circumstances? ☒ Yes ☐ No ☐ NA
115.315 (c)
▪ Does the facility document and justify all cross-gender strip searches and cross-gender visual
body cavity searches? ☒ Yes ☐ No
▪ Does the facility document all cross-gender pat-down searches? ☒ Yes ☐ No
115.315 (d)
▪ Does the facility have policies that enable residents to shower, perform bodily functions, and
change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks,
or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell
checks? ☒ Yes ☐ No
▪ Does the facility have procedures that enable residents to shower, perform bodily functions, and
change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks,
or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell
checks? ☒ Yes ☐ No
▪ Does the facility require staff of the opposite gender to announce their presence when entering
a resident housing unit? ☒ Yes ☐ No
▪ In facilities (such as group homes) that do not contain discrete housing units, does the facility
require staff of the opposite gender to announce their presence when entering an area where
residents are likely to be showering, performing bodily functions, or changing clothing? (N/A for
facilities with discrete housing units) ☒ Yes ☐ No ☐ NA
115.315 (e)
▪ Does the facility always refrain from searching or physically examining transgender or intersex
residents for the sole purpose of determining the resident’s genital status? ☒ Yes ☐ No
▪ If a resident’s genital status is unknown, does the facility determine genital status during
conversations with the resident, by reviewing medical records, or, if necessary, by learning that
PREA Audit Report – v6 Page 19 of 111 Southwest Regional Detention Center
information as part of a broader medical examination conducted in private by a medical
practitioner? ☒ Yes ☐ No
115.315 (f)
▪ Does the facility/agency train security staff in how to conduct cross-gender pat down searches
in a professional and respectful manner, and in the least intrusive manner possible, consistent
with security needs? ☒ Yes ☐ No
▪ Does the facility/agency train security staff in how to conduct searches of transgender and
intersex residents in a professional and respectful manner, and in the least intrusive manner
possible, consistent with security needs? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 Searches
Cross Gender viewing and searches
PREA statement of Preference
FOP 5.11 Searches
SWRJDC 3.09 PREA
FOP 3.09 PREA- Staff announcement
Searches of cross-gender youth
Training on Closs gender -gender LBGTQ
Cross-gender and transgender pat searches
Training Video on Guidance on Cross Gender and LBGTQ searches
PREA Statement of preference
Based on interviews with staff and residents there have been no cross-gender pat down
searches in the last 12 months. Agency Policy prohibits searching or physically examining a
PREA Audit Report – v6 Page 20 of 111 Southwest Regional Detention Center
transgender or intersex youth for the sole purpose of determining the youth’s genital status.
Policy mandate that the center shall document and justify all searches.
All residents can shower, perform bodily functions, and change clothing without nonmedical
staff of the opposite gender viewing their genitals, buttocks, breasts except in the case of an
emergency, by accident. All toilets have doors, and all showers have curtains. Only staff of the
same gender supervise in the bathroom/shower areas. The staff do not view the youth
unclothed but are able to see feet and heads and are required to remain in the bathroom area
providing awareness supervision. Staff announce their presence when entering a housing unit
where residents of the other genders are being housed.
A review of the cameras noted there were no cameras that provided views of the shower or
toilet areas in any of the units. The review also provided areas where mirrors or other objects
had been rearranged to assure no bling spots. All offices, classrooms, storage areas, closets
and pipe chases are locked at all times when not in use or staff are present.
Transgender and intersex youth are given the opportunity to shower separately from other
youth and are given the opportunity to choose the gender of the staff to perform searches. The
intake staff indicated that the superintendent and transgender resident would discuss the
appropriate housing assignment. The faciity utilizes the screening instrument and interviews
with residents to determine appropriate housing assignment. The at risk residents are housed
in the G module.
A tour of the center found that all areas that are utilized for housing residents have necessary
barriers to allow resident to shower without being viewed by person of the opposite gender and
privacy from other residents during the showering process.
A review of the staff training plan includes intervention techniques and standards required to
be utilized prior to conducting any searches. Interview with random staff confirmed they had
received training on intervention techniques. All the random interview staff confirmed that there
have been no cross gender searches during the last 12 months. Interviews with residents
confirmed that no female resident has been searched by male staff and no male resident has
been searched by female staff. The facility has not housed a transgender in the last 12
months. Compliance was determined by review of the training plan, interviews with staff and
residents.
Standard 115.316: Residents with disabilities and residents who are limited
English proficient
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.316 (a)
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,
PREA Audit Report – v6 Page 21 of 111 Southwest Regional Detention Center
and respond to sexual abuse and sexual harassment, including: Residents who are deaf or hard
of hearing? ☒ Yes ☐ No
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including: Residents who are blind or
have low vision? ☒ Yes ☐ No
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including: Residents who have intellectual
disabilities? ☒ Yes ☐ No
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including: Residents who have psychiatric
disabilities? ☒ Yes ☐ No
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including: Residents who have speech
disabilities? ☒ Yes ☐ No
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including: Other? (If "other," please
explain in overall determination notes.) ☒ Yes ☐ No
▪ Do such steps include, when necessary, ensuring effective communication with residents who
are deaf or hard of hearing? ☒ Yes ☐ No
▪ Do such steps include, when necessary, providing access to interpreters who can interpret
effectively, accurately, and impartially, both receptively and expressively, using any necessary
specialized vocabulary? ☒ Yes ☐ No
▪ Does the agency ensure that written materials are provided in formats or through methods that
ensure effective communication with residents with disabilities including residents who: Have
intellectual disabilities? ☒ Yes ☐ No
▪ Does the agency ensure that written materials are provided in formats or through methods that
ensure effective communication with residents with disabilities including residents who: Have
limited reading skills? ☒ Yes ☐ No
▪ Does the agency ensure that written materials are provided in formats or through methods that
ensure effective communication with residents with disabilities including residents who: Are
blind or have low vision? ☒ Yes ☐ No
115.316 (b)
PREA Audit Report – v6 Page 22 of 111 Southwest Regional Detention Center
▪ Does the agency take reasonable steps to ensure meaningful access to all aspects of the
agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment to
residents who are limited English proficient? ☒ Yes ☐ No
▪ Do these steps include providing interpreters who can interpret effectively, accurately, and
impartially, both receptively and expressively, using any necessary specialized vocabulary?
☒ Yes ☐ No
115.316 (c)
▪ Does the agency always refrain from relying on resident interpreters, resident readers, or other
types of resident assistants except in limited circumstances where an extended delay in
obtaining an effective interpreter could compromise the resident’s safety, the performance of
first-response duties under §115.364, or the investigation of the resident’s allegations?
☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
Department of Juvenile Justice Policy- 1919 PREA revised 4-16-19.
FOP 2.01 Special Needs Youth
Southwest Special Needs poster
PREA - Advocacy
DJJ includes polices and directives that residents with disabilities and residents who are
limited English Proficient mandates that the agency shall take appropriate steps to ensure that
residents with disabilities (including, for example, residents who are deaf or hard of hearing,
those who are blind or have low vision, or those who have intellectual, psychiatric, or speech
disabilities), have an equal opportunity to participate in or benefit from all aspects of the
agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment. Such
steps shall include, when necessary to ensure effective communication with residents who are
PREA Audit Report – v6 Page 23 of 111 Southwest Regional Detention Center
deaf or hard of hearing, providing access to interpreters who can interpret effectively,
accurately, and impartially, both receptively and expressively, using any necessary specialized
vocabulary. In addition, the agency shall ensure that written materials are provided in formats
or through methods that ensure effective communication with residents with disabilities,
including residents who have intellectual disabilities, limited reading skills, or who are blind or
have low vision.
Residents receive information explaining the agency’s zero tolerance policy in an age-
appropriate fashion including how to report incidents or suspicions of sexual abuse or sexual
harassment in the appropriate manner, taking into consideration age, disabilities, sexual
orientation, and language. During the interviews with residents a limited English speaking
resident was interviewed, He had received PREA screening and provided information of PREA
during the assessment center by staff that were bilingual, however did not understand the
video that was played during the intake process and did not understand all of the information
that was provided during the intake process. He indicated that he did not tell staff that he could
only speak a little English. He indicated that the medical staff provided him information in
Spanish. Medical was not aware that intake staff were not aware of his limited English. A
corrective action plan was required. The corrective action plan was completed with 3 days of
being made aware of the incident by the auditor. The regional staff provided the
superintendent, who has been at the facility less than three weeks a copy of the Language
Line contract and had him distribute a copy of the contract and ways to access the contract
with al supervisors, placed on each housing staff station and the intake area. Mandated that
prior to accepting a resident the intake staff will ask the resident if he speaks English, request
the assessment center advise the intake staff of any concerns during the initial screening at
the assessment center regarding resident ability to understand English, had any disabilities
that would require any auxiliary services to conduct the initial intake. Then have the resident,
who had been at the facility less than four days to go back through the intake process utilizing
the contract language line.
The comprehensive education is accessible to all residents, including those who are limited
English proficient, deaf, visually impaired, or otherwise disabled as well as to the residents who
have limited reading skills. If the youth reports a deficiency or the staff are aware of a
deficiency in any of these areas, they will report to the supervisor the need for an additional
resource. The supervisor will notify the facility superintendent who will contact the appropriate
community resource services. Arrangements will be made for an interpreter who can interpret
effectively, accurately, and impartially, both receptively and expressively, using any necessary
specialized vocabulary, when necessary. In all circumstances this center will not rely on
resident interpreters.
All special needs youth shall be offered the ability to have any rules or grievance procedures
read orally and explained to them. At a minimum, the following special needs are to be
addressed:
When youth 9 years or younger are admitted into the facility the following procedures must be
followed:
PREA Audit Report – v6 Page 24 of 111 Southwest Regional Detention Center
• During awake activities, these youth shall be separated from the general population or
assigned to an officer who will maintain constant sight and sound supervision of the youth.
During sleep time, normal supervision shall be provided.
• These youth shall be placed in sleeping rooms by themselves whenever possible. If it is
not possible to provide individual sleeping rooms, they shall be placed in a room with an
appropriate youth based on the classification process and selected in conjunction with
the medical and mental health staff.
• Facility mental health and medical personnel shall assess youth weekly to determine any
special needs. The results of the assessment, including recommendations for care, shall
be reported to the Superintendent. The Superintendent or designee shall review the
reports and take necessary action.
• The Detention Superintendent or designee shall immediately notify the Regional Director,
DJJ Legal Counsel, the CCC and the Circuit Probation Office upon the admission of a
youth 9 years of age or younger. These parties shall work together to coordinate with the
court and the parent/legal guardian for alternative placement and/or delivery of services
and release from secure detention.
• The Regional Director or designee is responsible for ensuring necessary assistance is
provided to the detention center to assist in meeting the needs of those youth.
When youth are identified as having developmental disabilities who have been determined as
unable to function in the general population are admitted to the facility, the following procedures
shall be followed:
• These youth shall be documented in the Facility and Mod logbook on each shift and on
the shift report, and if applicable, documented in JJIS and FMS.
• During awake activities, these youth shall be separated from the general population or
assigned to an officer who will maintain constant sight and sound supervision of the youth.
During sleep time, normal supervision shall be provided.
Compliance was determined by review of the policies and interviews with random staff and
review of documented training programs utilized for resident education and completion of the
corrective action plan.
Standard 115.317: Hiring and promotion decisions
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.317 (a)
▪ Does the agency prohibit the hiring or promotion of anyone who may have contact with
residents who: Has engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997)? ☒ Yes ☐ No
▪ Does the agency prohibit the hiring or promotion of anyone who may have contact with
residents who: Has been convicted of engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or coercion, or if the victim did
not consent or was unable to consent or refuse? ☒ Yes ☐ No
PREA Audit Report – v6 Page 25 of 111 Southwest Regional Detention Center
▪ Does the agency prohibit the hiring or promotion of anyone who may have contact with
residents who: Has been civilly or administratively adjudicated to have engaged in the activity
described in the question immediately above? ☒ Yes ☐ No
▪ Does the agency prohibit the enlistment of services of any contractor who may have contact
with residents who: Has engaged in sexual abuse in a prison, jail, lockup, community
confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997)?
☒ Yes ☐ No
▪ Does the agency prohibit the enlistment of services of any contractor who may have contact
with residents who: Has been convicted of engaging or attempting to engage in sexual activity in
the community facilitated by force, overt or implied threats of force, or coercion, or if the victim
did not consent or was unable to consent or refuse? ☒ Yes ☐ No
▪ Does the agency prohibit the enlistment of services of any contractor who may have contact
with residents who: Has been civilly or administratively adjudicated to have engaged in the
activity described in the question immediately above? ☒ Yes ☐ No
115.317 (b)
▪ Does the agency consider any incidents of sexual harassment in determining whether to hire or
promote anyone who may have contact with residents? ☒ Yes ☐ No
▪ Does the agency consider any incidents of sexual harassment in determining whether to enlist
the services of any contractor who may have contact with residents? ☒ Yes ☐ No
115.317 (c)
▪ Before hiring new employees, who may have contact with residents, does the agency perform a
criminal background records check? ☒ Yes ☐ No
▪ Before hiring new employees, who may have contact with residents, does the agency consult
any child abuse registry maintained by the State or locality in which the employee would work?
☒ Yes ☐ No
▪ Before hiring new employees who may have contact with residents, does the agency, consistent
with Federal, State, and local law, make its best efforts to contact all prior institutional employers
for information on substantiated allegations of sexual abuse or any resignation during a pending
investigation of an allegation of sexual abuse? ☒ Yes ☐ No
115.317 (d)
▪ Does the agency perform a criminal background records check before enlisting the services of
any contractor who may have contact with residents? ☒ Yes ☐ No
▪ Does the agency consult applicable child abuse registries before enlisting the services of any
contractor who may have contact with residents? ☒ Yes ☐ No
PREA Audit Report – v6 Page 26 of 111 Southwest Regional Detention Center
115.317 (e)
▪ Does the agency either conduct criminal background records checks at least every five years of
current employees and contractors who may have contact with residents or have in place a
system for otherwise capturing such information for current employees? ☒ Yes ☐ No
115.317 (f)
▪ Does the agency ask all applicants and employees who may have contact with residents directly
about previous misconduct described in paragraph (a) of this section in written applications or
interviews for hiring or promotions? ☒ Yes ☐ No
▪ Does the agency ask all applicants and employees who may have contact with residents directly
about previous misconduct described in paragraph (a) of this section in any interviews or written
self-evaluations conducted as part of reviews of current employees? ☒ Yes ☐ No
▪ Does the agency impose upon employees a continuing affirmative duty to disclose any such
misconduct? ☒ Yes ☐ No
115.317 (g)
▪ Does the agency consider material omissions regarding such misconduct, or the provision of
materially false information, grounds for termination? ☒ Yes ☐ No
115.317 (h)
▪ Does the agency provide information on substantiated allegations of sexual abuse or sexual
harassment involving a former employee upon receiving a request from an institutional
employer for whom such employee has applied to work? (N/A if providing information on
substantiated allegations of sexual abuse or sexual harassment involving a former employee is
prohibited by law.) ☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
PREA Audit Report – v6 Page 27 of 111 Southwest Regional Detention Center
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1800 – Background Screening and Hiring Practices
Department of Juvenile Justice Policy 1919 - PREA
FOP 1.01- background screening
DJJ Employee Handbook
Background list current year 1
2121 list of background screenings
Five year rescreening
DJJ or agency shall not hire or promote anyone who may have contact with youth and shall not
enlist the services of any contractor who may have contact with youth, who.
1. Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility,
juvenile facility, or other institution (as defined in 42 U.S.C. 1997).
2. Has been convicted of engaging or attempting to engage in sexual activity in the community
facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent
or was unable to consent or refuse; or
3. Has been civilly or administratively adjudicated to have engaged in or attempting to engage
in sexual activity in the community facilitated by force, overt or implied threats of force, or
coercion, or if the victim did not consent or was unable to consent or refuse.
4. DJJ shall consider any incidents of sexual harassment in determining whether to hire or
promote anyone, or to enlist the services of any contractor, who may have contact with youth.
5. Before hiring new employees who may have contact with youth, the division shall adhere to
DJJ 1800 Background Check
6. DJJ shall ensure that a criminal background records check has been completed, and consult
applicable child abuse registries, before enlisting the services of any contractor who may have
unsupervised contact with youth.
DJJ shall conduct background checks on all DJJ staff, volunteers, interns, and contractors
every five (5) years, or sooner.
During initial interviews, prospective employees, interns, and volunteers shall be informed of
the background check procedure. DJJ shall require the following background checks on all DJJ
staff, volunteers, interns, and contractors and any applicant that is being considered for
employment or promotion with DJJ:
1. Criminal background or records check.
2. Sexual offender registry check; and
3. Child abuse and neglect registry check.
Persons desiring employment with SWRJDC completes the application packet; a portion of
which is sent from SWRJDC to the FDJJ Office of the Inspector General for background
screening. Details of the screening are described on the FDJJ’s website and include
PREA Audit Report – v6 Page 28 of 111 Southwest Regional Detention Center
conducting two background screenings: the Level II pre-employment screening and a 5-year
re-screening. Upon request, background screening is conducted on state and contract provider
directors, owners, applicants, employees, volunteers, mentors, and interns. The term contract
provider includes grant recipient employees, volunteers, mentors, and interns. Background
screenings consist of a state and national fingerprint check through the Florida Department of
Law Enforcement and the Federal Bureau of Investigations, and a demographic search of the
Florida Clerk of the Courts. As a criminal justice agency, the Department has access to
juvenile, sealed, and expunged criminal history information. DJJ Policy mandates that facilities
will not hire or promote anyone who has been civilly or administratively adjudicated to have
been convicted of engaging in or attempted to engage in sexual activity by any means. Also,
the agency does not hire anyone who has engaged in sexual abuse in a prison, jail, community
confinement facility, or anyone, who has used or attempted to use force in the community to
engage in sexual abuse.
The Agency Policy states any incidents of sexual harassment by a staff member will be taken
into consideration if the staff member is eligible for promotion. Prior to a promotion the facility
will conduct a promotion board. Prior to meeting with the board, the applicant completes a
questionnaire that includes all areas of the standard. The interview questions for employment
also address previous misconduct. The evidence shows the facility considers any incident of
sexual harassment in determining whether to hire or promote anyone, or to enlist the services
of any contractor, who may have contact with residents. Policy states any incidents of sexual
harassment by a staff member will be taken into consideration if the staff member is eligible for
promotion. The interview questions for employment also address previous misconduct. The
evidence shows the facility considers any incident of sexual harassment in determining
whether to hire or promote anyone, or to enlist the services of any contractor, who may have
contact with residents.
Contracting staff must undergo the same background check, sexual offender registry check
and child abuse and neglect registry check as DJJ staff and volunteers.
The auditor requested background verification for staff hired in the last year, staff that had five
years or more tenure at the facility and staff that were promoted. Compliance was determined
by review of personnel files and PREA policies, review of the background checks randomly
selected, interview of the PREA Coordinator, Facility Superintendent, Lead Nurse and Human
Resources staff from the regional office.
Standard 115.318: Upgrades to facilities and technologies
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.318 (a)
▪ If the agency designed or acquired any new facility or planned any substantial expansion or
modification of existing facilities, did the agency consider the effect of the design, acquisition,
expansion, or modification upon the agency’s ability to protect residents from sexual abuse?
(N/A if agency/facility has not acquired a new facility or made a substantial expansion to existing
PREA Audit Report – v6 Page 29 of 111 Southwest Regional Detention Center
facilities since August 20, 2012, or since the last PREA audit, whichever is later.)
☐ Yes ☐ No ☒ NA
115.318 (b)
▪ If the agency installed or updated a video monitoring system, electronic surveillance system, or
other monitoring technology, did the agency consider how such technology may enhance the
agency’s ability to protect residents from sexual abuse? (N/A if agency/facility has not installed
or updated a video monitoring system, electronic surveillance system, or other monitoring
technology since August 20, 2012, or since the last PREA audit, whichever is later.)
☐ Yes ☐ No ☒ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FOP 3.09 PREA
Statement of Fact
Southwest Camera Screenshots
camera schematic
Policy and FOP states that when there is substantial expansion to the facility, the ability to
protect residents and staff from sexual abuse will be reviewed and ensured.
There have been no upgrades or expansion of the physical plant since the last update. There
have been major upgrades to the monitoring system to enhance the ability of the control room
to monitor all cameras. There were no other needs noted in the yearly review for staffing or
monitoring. Compliance was determined by review of the polices, camera video, tour of the
facility and interview with staff.
RESPONSIVE PLANNING
PREA Audit Report – v6 Page 30 of 111 Southwest Regional Detention Center
Standard 115.321: Evidence protocol and forensic medical examinations
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.321 (a)
▪ If the agency is responsible for investigating allegations of sexual abuse, does the agency follow
a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence
for administrative proceedings and criminal prosecutions? (N/A if the agency/facility is not
responsible for conducting any form of criminal OR administrative sexual abuse investigations.)
☐ Yes ☐ No ☒ NA
115.321 (b)
▪ Is this protocol developmentally appropriate for youth where applicable? (N/A if the
agency/facility is not responsible for conducting any form of criminal OR administrative sexual
abuse investigations.) ☐ Yes ☐ No ☒ NA
▪ Is this protocol, as appropriate, adapted from or otherwise based on the most recent edition of
the U.S. Department of Justice’s Office on Violence Against Women publication, “A National
Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” or similarly
comprehensive and authoritative protocols developed after 2011? (N/A if the agency/facility is
not responsible for conducting any form of criminal OR administrative sexual abuse
investigations.) ☐ Yes ☐ No ☒ NA
115.321 (c)
▪ Does the agency offer all residents who experience sexual abuse access to forensic medical
examinations, whether on-site or at an outside facility, without financial cost, where evidentiary
or medically appropriate? ☒ Yes ☐ No
▪ Are such examinations performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual
Assault Nurse Examiners (SANEs) where possible? ☒ Yes ☐ No
▪ If SAFEs or SANEs cannot be made available, is the examination performed by other qualified
medical practitioners (they must have been specifically trained to conduct sexual assault
forensic exams)? ☒ Yes ☐ No
▪ Has the agency documented its efforts to provide SAFEs or SANEs? ☒ Yes ☐ No
115.321 (d)
▪ Does the agency attempt to make available to the victim a victim advocate from a rape crisis
center? ☒ Yes ☐ No
▪ If a rape crisis center is not available to provide victim advocate services, does the agency
make available to provide these services a qualified staff member from a community-based
PREA Audit Report – v6 Page 31 of 111 Southwest Regional Detention Center
organization, or a qualified agency staff member? (N/A if the agency always makes a victim
advocate from a rape crisis center available to victims.) ☐ Yes ☐ No ☒ NA
▪ Has the agency documented its efforts to secure services from rape crisis centers?
☒ Yes ☐ No
115.321 (e)
▪ As requested by the victim, does the victim advocate, qualified agency staff member, or
qualified community-based organization staff member accompany and support the victim
through the forensic medical examination process and investigatory interviews? ☒ Yes ☐ No
▪ As requested by the victim, does this person provide emotional support, crisis intervention,
information, and referrals? ☒ Yes ☐ No
115.321 (f)
▪ If the agency itself is not responsible for investigating allegations of sexual abuse, has the
agency requested that the investigating agency follow the requirements of paragraphs (a)
through (e) of this section? (N/A if the agency/facility is responsible for conducting criminal AND
administrative sexual abuse investigations.) ☒ Yes ☐ No ☐ NA
115.321 (g)
▪ Auditor is not required to audit this provision.
115.321 (h)
▪ If the agency uses a qualified agency staff member or a qualified community-based staff
member for the purposes of this section, has the individual been screened for appropriateness
to serve in this role and received education concerning sexual assault and forensic examination
issues in general? (N/A if agency always makes a victim advocate from a rape crisis center
available to victims.) ☐ Yes ☐ No ☒ NA
Auditor Overall Compliance Determination
☒
Exceeds Standard (Substantially exceeds requirement of standards)
☐ Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
PREA Audit Report – v6 Page 32 of 111 Southwest Regional Detention Center
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 PREA - Forensic Medical Exams and MOU
FDJJ Policy 1919 PREA - Investigative Protocols
Forensic medical Examinations
IG Compliance Form-directive 3-05
IG Directive 4-03
IG request to Law Enforcement Officers to follow uniform evidence protocols.
Investigative protocol
ACT Shelter Poster
MOU Southwest Regional Juvenile Detention Center 2021 with ACT shelter
IG request to LEO to follow uniform evidence protocols
DJJ Policy includes upon learning that a resident may at substantial risk of imminent sexual
abuse or has been sexually abused, immediate corrective action shall be taken which shall
include the protections of the resident(s).
All staff (including medical and mental health practitioners) shall report sexual abuse to the
facility superintendent and notify PREA Coordinator by the “Hot line for reporting.” All
allegations of sexual abuse/sexual harassment and staff neglect or violation of responsibilities
that may have contributed to such incidents will be investigated either criminally or
administratively.
FDJJ Policy 1919 - Investigative Protocols contained the elements of the standard and identifies
that all allegations of sexual abuse and sexual harassment be referred to the appropriate
investigative agency based upon the victim’s age. As requested by the victim, the victim’s
parent(s)/guardian(s), a victim advocate, or a trained or licensed DJJ direct care employee such
as a Clinical Coordinator shall accompany and support the victim through the forensic medical
examination process and investigatory interviews and shall provide emotional support, crisis
intervention, information, and referrals. Additionally, Policy requires protocols for informed
consent, confidentiality, reporting to law enforcement, and reporting to child abuse investigative
agencies Florida Department of Juvenile Justice does not conduct their own investigations of
sexual abuse and harassment. the Florida Department of Juvenile Justice Office of the Inspector
General (OIG) conduct administrative investigations. the Florida Department of Children and
Families (DCF) is responsible for conducting allegations of child abuse. In cases that are criminal
in nature the facility superintendent would contact the local law enforcement. The OIG provides
each facility written information regarding PREA related investigations and comprehensive
uniform evidence protocols developed after 2011 that is shared with their local law enforcement
agency who investigate allegations that are criminal in nature. The OIG published the following
direction and offered assistance in carrying out the following directive: “According to DJJ policy,
and to remain PREA compliant, all investigations conducted by DJJ investigators concerning allegations
of sexual abuse, will conform to the following PREA Standards. It is the desire of DJJ that all assisting
PREA Audit Report – v6 Page 33 of 111 Southwest Regional Detention Center
law enforcement entities also adhere to the below listed requirements of 28 CFR 115.21, as are
applicable on a case by case basis.”
Residents and staff shall immediately report sexual abuse or sexual harassment, staff neglect
or violation of staff responsibilities, or retaliation to any employee, hotline or by using the
center grievance process. A review of an investigation included all areas of this standard.
There will be no time limit on when an allegation of sexual abuse can be reported.
The facility does have a MOU with the ACT Shelter that includes Lee County Medical Center
as part of the victim advocacy services. This MOU includes advocacy services and emotional
support services. The Victim’s center director was contacted and provided a review of the
program and services available to residents at the ACT Shelter at no cost to the resident. The
Advocacy program was familiar with the Southwest Regional Juvenile Detention Center
program. She verbally provided qualification of advocacy staff at the program and the services
they provide to residents. The facility utilizes Safe Nurse at Lee County Medical Center. The
medical center staff interviewed by telephone verified that the hospital had SANE staff on duty
and had a working relationship with the ACT Shelter.
Compliance was determined through the review of MOU with the ACT Shelter and interviews
with staff from the OIG office. Reviews of policies also contributed to the finding of compliance.
Interviews with Mental Health Provider, Medical Superintendent, the Victim’s center staff, and
Medical Center and interviews with OIG investigator also provided compliance with this
standard.
Standard 115.322: Policies to ensure referrals of allegations for
investigations
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.322 (a)
▪ Does the agency ensure an administrative or criminal investigation is completed for all
allegations of sexual abuse? ☒ Yes ☐ No
▪ Does the agency ensure an administrative or criminal investigation is completed for all
allegations of sexual harassment? ☒ Yes ☐ No
115.322 (b)
▪ Does the agency have a Policy and practice in place to ensure that allegations of sexual abuse
or sexual harassment are referred for investigation to an agency with the legal authority to
conduct criminal investigations unless the allegation does not involve potentially criminal
behavior? ☒ Yes ☐ No
▪ Has the agency published such Policy on its website or, if it does not have one, made the
Policy available through other means? ☒ Yes ☐ No
▪ Does the agency document all such referrals? ☒ Yes ☐ No
PREA Audit Report – v6 Page 34 of 111 Southwest Regional Detention Center
115.322 (c)
▪ If a separate entity is responsible for conducting criminal investigations, does the Policy
describe the responsibilities of both the agency and the investigating entity? (N/A if the
agency/facility is responsible for criminal investigations. See 115.321(a).) ☒ Yes ☐ No ☐
NA
115.322 (d)
▪ Auditor is not required to audit this provision.
115.322 (e)
▪ Auditor is not required to audit this provision.
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 - Investigative Protocols
IG Compliance Form-directive
IG Directive
IG request to Law Enforcement Officers to follow uniform evidence protocols.
FDJJ Website
The agency ensures that an administrative or criminal investigation is completed for all
allegations of sexual abuse and sexual harassment. All staff are required to refer all alleged
incidents of sexual abuse, harassment, or misconduct to the Florida Department of Juvenile
Justice Office Inspector General (OIG) to determine the investigative agency to complete the
investigation and to coordinate and support with the investigation. The DJJ PREA Policy
describes how investigative responsibilities are handled for allegations of sexual abuse and
harassment can be found at the Florida DJJ's website. Further the agency has a policy that
requires allegations of sexual abuse or sexual harassment be referred to an agency with the
PREA Audit Report – v6 Page 35 of 111 Southwest Regional Detention Center
legal authority to conduct criminal investigations unless the allegation does not involve criminal
behavior. Staff including the facility superintendent and residents indicated that any allegations
that are received by residents, staff, volunteers, or contractors would be “Hot Line” by the
person with the most information when possible. Interviews with the superintendent indicated
he has two hours to notify Central Control Center of any special incident or any sexual
allegation or sexual harassment. Compliance was verified by reviewing policies, procedures,
agency website and interviews with agency designee, facility superintendent, Investigator from
OIG, staff, and residents.
TRAINING AND EDUCATION
Standard 115.331: Employee training
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.331 (a)
▪ Does the agency train all employees who may have contact with residents on its zero-tolerance
Policy for sexual abuse and sexual harassment? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on how to fulfill their
responsibilities under agency sexual abuse and sexual harassment prevention, detection,
reporting, and response policies and procedures? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on residents’ right to
be free from sexual abuse and sexual harassment ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on the right of
residents and employees to be free from retaliation for reporting sexual abuse and sexual
harassment? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on the dynamics of
sexual abuse and sexual harassment in juvenile facilities? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on the common
reactions of juvenile victims of sexual abuse and sexual harassment? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on how to detect and
respond to signs of threatened and actual sexual abuse and how to distinguish between
consensual sexual contact and sexual abuse between residents? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on how to avoid
inappropriate relationships with residents? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on how to
communicate effectively and professionally with residents, including lesbian, gay, bisexual,
transgender, intersex, or gender nonconforming residents? ☒ Yes ☐ No
PREA Audit Report – v6 Page 36 of 111 Southwest Regional Detention Center
▪ Does the agency train all employees who may have contact with residents on how to comply
with relevant laws related to mandatory reporting of sexual abuse to outside authorities?
☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on relevant laws
regarding the applicable age of consent? ☒ Yes ☐ No
115.331 (b)
▪ Is such training tailored to the unique needs and attributes of residents of juvenile facilities?
☒ Yes ☐ No
▪ Is such training tailored to the gender of the residents at the employee’s facility? ☒ Yes ☐ No
▪ Have employees received additional training if reassigned from a facility that houses only male
residents to a facility that houses only female residents, or vice versa? ☒ Yes ☐ No
115.331 (c)
▪ Have all current employees who may have contact with residents received such training?
☒ Yes ☐ No
▪ Does the agency provide each employee with refresher training every two years to ensure that
all employees know the agency’s current sexual abuse and sexual harassment policies and
procedures? ☒ Yes ☐ No
▪ In years in which an employee does not receive refresher training, does the agency provide
refresher information on current sexual abuse and sexual harassment policies? ☒ Yes ☐ No
115.331 (d)
▪ Does the agency document, through employee signature or electronic verification, that
employees understand the training they have received? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
PREA Audit Report – v6 Page 37 of 111 Southwest Regional Detention Center
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 PREA - Staff Training
SWRJDC FOP 3.09 PREA
Acknowledgement form
PREA SkillPro training curriculum
PREA training 2020
PREA training 2021
PREA VSAB Training
DJJ Employee Training Policy mandates that prior to having contact with the residents all
staff, volunteers, teachers, counselors, contractors, volunteers, and interns who have contact
with the residents will be trained on:
1. The center Zero Tolerance Policy for sexual abuse and sexual harassment.
2. How to fulfill their responsibilities under the center sexual abuse and sexual harassment
prevention, detection, reporting, and response policies and procedures.
3. Residents’ right to be free from sexual abuse and sexual harassment.
4. The right of residents and employees to be free from retaliation for reporting sexual
abuse and sexual harassment.
5. The dynamics of sexual abuse and sexual harassment juvenile facilities.
6. The common reactions of juvenile victims of sexual abuse and sexual harassment.
7. How to detect and respond to signs of threatened and actual sexual abuse and how to
distinguish between consensual sexual contact and sexual abuse between residents.
8. How to avoid inappropriate relationships with residents.
9. How to communicate effectively and professionally with residents, including lesbian, gay,
bisexual, transgender, intersex, or gender nonconforming residents.
10. How to comply with relevant laws related to mandatory reporting of sexual abuse to outside
authorities; and
11. Relevant laws regarding the applicable age of consent.
All new employees sign the “Acknowledgement of New Hire Orientation PREA Training” form
indicating they received the training and understand their responsibilities for all the different
training modules and tested upon completion of the initial PREA training. A review of all staff
and training education forms, including a power point presentation, lesson plan, and
observation of the day-to-day operations as well as staff interviews confirmed the staff is
receiving their required PREA training.
At the facility, the staff is trained continually about the PREA standards during shift briefings
and the completion of various online trainings. Training records are documented in staff
training files. The training files contain each training provided including the dates, times, and
PREA Audit Report – v6 Page 38 of 111 Southwest Regional Detention Center
duration of training. A pre and post-test will be given to ensure the staff, volunteers, and
contractors understand the training received.
The center provides a power point presentation of the training program provided to staff. The
power point presentation provided all the information noted in the Policy .
The facility houses male and female, and the training considers the needs of the population as
determined by a review of training curricula and interviews with random staff. The Policy state
the training shall be tailored to the needs and attributes to the population served. A review of
the training curriculum and interviews with staff verified that training includes female, males,
transgender, intersex communication skills for staff.
The agency has added a video training program on conducting cross gender or persons frisk
searches (pat down). All staff are required to complete this training. Training roster and training
records were reviewed and documented this training.
Staff interviewed indicated they receive classroom training with video aides, resident PREA
reports, review of several posters, including the Victim Advocate, how to report, CCC
information and how to aide residents in contacting CCC or the Victim Advocacy program prior
to being assigned to work with the residents.
The training officer indicated that yearly training includes an online course named skill-pro that
has four modules dealing with PREA. Based on the assignment of the staff all staff must attend
at least module one. The training program is tailored for working with male and female
residents and includes training on how to communicate with transgender or intersex residents.
This was confirmed by interviews with staff.
At the facility, it was evident through documentation, interviews, and observation of the day-to-
day operations the staff is trained continually about the PREA standards during shift briefings,
monthly staff meetings, and the completion of various on-line and instructor led trainings.
A review of the training records of 12 staff including medical, mental health, direct care, facility
superintendent indicated staff have received the training. An interview with random staff
confirmed that they received the training and refresher training as mandated by Policy .
Standard 115.332: Volunteer and contractor training
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.332 (a)
▪ Has the agency ensured that all volunteers and contractors who have contact with residents
have been trained on their responsibilities under the agency’s sexual abuse and sexual
harassment prevention, detection, and response policies and procedures? ☒ Yes ☐ No
115.332 (b)
PREA Audit Report – v6 Page 39 of 111 Southwest Regional Detention Center
▪ Have all volunteers and contractors who have contact with residents been notified of the
agency’s zero-tolerance Policy regarding sexual abuse and sexual harassment and informed
how to report such incidents (the level and type of training provided to volunteers and
contractors shall be based on the services they provide and level of contact they have with
residents)? ☒ Yes ☐ No
115.332 (c)
▪ Does the agency maintain documentation confirming that volunteers and contractors
understand the training they have received? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
Volunteers and General Contractors Training
FDJJ Policy 1919 - Volunteer and contractor Training
FOP 3.09 PREA - Volunteer and Contractor Training
Contracted Medical training
Volunteer and Contractor Training Curriculum PREA Notification/Acknowledgement Statement
FOP 1.01 Background and Training for Volunteer and Contractors
Training Sign in Sheets
Prior to having contact with the residents all volunteers and contractors receive training on
their responsibilities under the agency’s sexual abuse and sexual harassment prevention,
detention, and response policies and procedures. The level and type of training provided to
volunteers and contractors shall be based on the services they provide and level of contact
they have with residents, but all volunteers and contractors who have contact with residents
shall be notified of the agency’s zero-tolerance policy regarding sexual abuse and sexual
harassment and informed how to report such incidents. The interviews revealed the PREA
training informs the participants of their role in reporting allegations of sexual abuse and sexual
harassment. The participants are informed of their responsibilities regarding sexual abuse
PREA Audit Report – v6 Page 40 of 111 Southwest Regional Detention Center
prevention, detection, and response to a PREA allegation. The training is based on the
services provided by the contractors and volunteers. The volunteer stated the training includes
a review of the zero-tolerance policy regarding sexual abuse and sexual harassment of
residents.
The contracting services as Southwest Regional Juvenile Detention center are provided by
Southwest County Board of Education for educational and education needs and by Camelot
Health Care Services for medical and mental health needs. Each contracting agency MOU
requires all full time staff with contact with resident received the PREA training program as
FDJJ staff.
All volunteers, interns and contractors receive and sign an acknowledgement form upon
completion of the PREA training they received. The training consists of a power point
presentation that includes policies, PREA definitions, reporting requirements and other
required procedures.
The PREA Compliance Managers supervises or coordinates volunteer and contractors training
and background check. A review of the contractor files maintained by the administrative
assistant contained email verifying background checks and documentation of PREA training.
Compliance was determined by review of the center Policy , review of contractor files and
interview PCM and Facility Superintendent.
Standard 115.333: Resident education
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.333 (a)
▪ During intake, do residents receive information explaining the agency’s zero-tolerance Policy
regarding sexual abuse and sexual harassment? ☒ Yes ☐ No
▪ During intake, do residents receive information explaining how to report incidents or suspicions
of sexual abuse or sexual harassment? ☒ Yes ☐ No
▪ Is this information presented in an age-appropriate fashion? ☒ Yes ☐ No
115.333 (b)
▪ Within 10 days of intake, does the agency provide age-appropriate comprehensive education to
residents either in person or through video regarding: Their rights to be free from sexual abuse
and sexual harassment? ☒ Yes ☐ No
▪ Within 10 days of intake, does the agency provide age-appropriate comprehensive education to
residents either in person or through video regarding: Their rights to be free from retaliation for
reporting such incidents? ☒ Yes ☐ No
PREA Audit Report – v6 Page 41 of 111 Southwest Regional Detention Center
▪ Within 10 days of intake, does the agency provide age-appropriate comprehensive education to
residents either in person or through video regarding: Agency policies and procedures for
responding to such incidents? ☒ Yes ☐ No
115.333 (c)
▪ Have all residents received the comprehensive education referenced in 115.333(b)?
☒ Yes ☐ No
▪ Do residents receive education upon transfer to a different facility to the extent that the policies
and procedures of the resident’s new facility differ from those of the previous facility?
☒ Yes ☐ No
115.333 (d)
▪ Does the agency provide resident education in formats accessible to all residents including
those who: Are limited English proficient? ☒ Yes ☐ No
▪ Does the agency provide resident education in formats accessible to all residents including
those who: Are deaf? ☒ Yes ☐ No
▪ Does the agency provide resident education in formats accessible to all residents including
those who: Are visually impaired? ☒ Yes ☐ No
▪ Does the agency provide resident education in formats accessible to all residents including
those who: Are otherwise disabled? ☒ Yes ☐ No
▪ Does the agency provide resident education in formats accessible to all residents including
those who: Have limited reading skills? ☒ Yes ☐ No
115.333 (e)
▪ Does the agency maintain documentation of resident participation in these education sessions?
☒ Yes ☐ No
115.333 (f)
▪ In addition to providing such education, does the agency ensure that key information is
continuously and readily available or visible to residents through posters, resident handbooks,
or other written formats? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☒
Exceeds Standard (Substantially exceeds requirement of standards)
☐ 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 Report – v6 Page 42 of 111 Southwest Regional Detention Center
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 - Youth Training and education
PREA acknowledgement form
PREA Brochure
Special accommodations for disability
Youth education sign in
Youth training
Youth education sign in
Education and orientation Videos
PREA Youth Safety Brochure
Education material
Advocacy brochure
10 Resident Files
FDJJ Policy 1919 - Youth Training and education mandate that PREA information, both orally
and in writing for residents to receive comprehensive age-appropriate education information
regarding safety, background information on PREA, prevention/intervention, self-protection,
reporting and treatment/ counseling, and confidentiality. During the intake process staff provide
residents education on the zero-tolerance policy and how to report incidents or suspicions of
sexual abuse and sexual harassment. Policy requires within ten (10) days of arrival residents
receive information regarding their right to be free from sexual abuse and sexual harassment
and to be free from retaliation for reporting such incidents. Facilities are required to provide the
PREA information for Limited English Proficient residents, and those with disabilities such as
limited reading skills, deaf or visually impaired.
The agency shall provide resident education in formats accessible to all residents, including
those who are limited English proficient, deaf, visually impaired, or otherwise disabled, as well
as to residents who have limited reading skills. The agency maintains documentation of
participation in the education program. In addition to providing such education, the agency
shall ensure that key information is continuously and readily available or visible to residents
through posters, resident handbooks, or other written formats. The center conducts an initial
training on all new residents when received at the facility usually within 72 hours that provide
all aspects of the training requirements. At the present time the facility is providing the
comprehensive training when resident complete the intake process.
When the residents arrives to the facility from the assessment center, they are shown a video
that is specific to Southwest Regional Detention Center. The video is a high quality with a
PREA Audit Report – v6 Page 43 of 111 Southwest Regional Detention Center
direct care staff talking about the facility and specifically how the facility meets the pillars of
PREA. The video explains the agency zero tolerance, how to report allegations, how reporting
an allegation will not be punished for making a report, how to access the telephone system to
contact the victim advocacy and provides the resident with the phone number for the National
Sexual Abuse Hotline. The video information is also located in the resident’s handbook. The
intake staff then reviews the Victim Screening instrument with the residents and sign off on the
instrument. The staff reviews the MAYSI 2 and makes referral to mental health based on the
MAYSI and the victim screening instrument. Then the staff discuss the video and conducts a
comprehensive education program that includes touring to point out the telephone system, the
PREA report forms and PREA box. The resident then views another PREA video, and this
information is discussed with the residents. The comprehensive education to residents is age
appropriate.
The residents sign acknowledgement statements confirming their receipt of the PREA
information. A review of documentation showing dates and indicating residents’ participation in
PREA education sessions confirmed the PREA education sessions occur.
The facility has the capability to provide the PREA education in formats accessible to all
residents including those who may be hearing impaired; Deaf; have intellectual, psychiatric
and speech disabilities; low vision; blind; limited reading, limited English proficient, and based
on the individual need of the resident. Documentation was reviewed of a MOU between the
facility and Southwest County Board of Education for the provision of accommodations and
supportive services for residents in the aforementioned areas. Posted PREA information is in
is accessible to residents, staff, contractors, volunteers, and visitors. The facility also has a
MOU with Language Line Solutions for interpreting and translating services. Staff interviews
confirmed residents are not used as translators or readers for other residents. The facility had
a resident arrive at the facility that spoke little English and did not receive the appropriate
training in his native language. A corrective action plan was instituted, and the resident was
rescreened and received a comprehensive education program in his native language utilizing
the contracted language line. The corrective action plan is contained in standard 115. 116.
Compliance was confirmed by review of the training curriculum, interview with direct care staff,
facility superintendent, and residents.
A review of ten (10) resident files confirmed the resident is provided the PREA education upon
arrival. Also, the staff completes an “Admissions Checklist” form and document the intake
information on a progress note. An interview with the PREA Compliance managers and
documentation confirmed PREA education is provided to all residents upon arrival to the
facility. Sixteen resident interviews stated they received the PREA information and identified
the receipt of the brochure the same day they arrived at the facility. Further compliance was
determined review of center policy, and training materials and review of resident records and
interviews with residents. A discussion with several of the residents validated how residents
utilize the training module to address such things as inappropriate words that tend to
exasperate sexual harassment.
Standard 115.334: Specialized training: Investigations
PREA Audit Report – v6 Page 44 of 111 Southwest Regional Detention Center
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.334 (a)
▪ In addition to the general training provided to all employees pursuant to §115.331, does the
agency ensure that, to the extent the agency itself conducts sexual abuse investigations, its
investigators have received training in conducting such investigations in confinement settings?
(N/A if the agency does not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
☒ Yes ☐ No ☐ NA
115.334 (b)
▪ Does this specialized training include techniques for interviewing juvenile sexual abuse victims?
(N/A if the agency does not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).) ☒ Yes ☐ No ☐ NA
▪ Does this specialized training include proper use of Miranda and Garrity warnings? (N/A if the
agency does not conduct any form of administrative or criminal sexual abuse investigations.
See 115.321(a).) ☒ Yes ☐ No ☐ NA
▪ Does this specialized training include sexual abuse evidence collection in confinement settings?
(N/A if the agency does not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).) ☒ Yes ☐ No ☐ NA
▪ Does this specialized training include the criteria and evidence required to substantiate a case
for administrative action or prosecution referral? (N/A if the agency does not conduct any form
of administrative or criminal sexual abuse investigations. See 115.321(a).)
☒ Yes ☐ No ☒ NA
115.334 (c)
▪ Does the agency maintain documentation that agency investigators have completed the
required specialized training in conducting sexual abuse investigations? (N/A if the agency does
not conduct any form of administrative or criminal sexual abuse investigations. See 115.321(a).)
☒ Yes ☐ No ☐ NA
115.334 (d)
▪ Auditor is not required to audit this provision.
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
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 Report – v6 Page 45 of 111 Southwest Regional Detention Center
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
Prison Rape Elimination Act - OIG investigator training
PREA Compliance Form 2019
PREA Current Inspector General Employee Training Roster
FDJJ 1919 revised 4-16-19
Southwest Regional Juvenile Detention Center does not conduct any form of administrative or
criminal sexual abuse investigation. When an allegation of sexual abuse or sexual harassment
is received by an staff member, the facility will notify the CCC within 2 hours. CCC will notify OIG
and OIG will assign and investigator and will immediately start the investigation. OIG refers all
criminal allegations to local law enforcement and assists the local law enforcement in any way
possible. OIG does conduct an administrative investigation on all allegation of sexual abuse. All
OIG investigators undergo an extensive training prior to conducting administrative investigations
which includes “PREA Investigation Training.” Documentation review contained the training
certificates and training history report of OIG investigator confirmed completing the required
initial and annual investigation training. A review of the training curriculum consisted of
interviewing techniques, Miranda warnings, Garrity warnings, sexual abuse evidence collection,
and the criteria and evidence to substantiate a case for administrative or prosecution referral
and techniques to interviewing juveniles. Also, the assigned investigator will conduct an initial
inquiry into the alleged allegation of sexual abuse or sexual harassment, subsequently conduct
an administrative investigation and when necessary, refer the information to the local law
enforcement for further investigation for the determination of criminal charges.
Information obtained through the investigator interview, review of the training curriculum and
training records of investigator documents compliance with this standard.
Standard 115.335: Specialized training: Medical and mental health care
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.335 (a)
▪ Does the agency ensure that all full- and part-time medical and mental health care practitioners
who work regularly in its facilities have been trained in: How to detect and assess signs of
sexual abuse and sexual harassment? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in its facilities.)
PREA Audit Report – v6 Page 46 of 111 Southwest Regional Detention Center
☒ Yes ☐ No ☐ NA
▪ Does the agency ensure that all full- and part-time medical and mental health care practitioners
who work regularly in its facilities have been trained in: How to preserve physical evidence of
sexual abuse? (N/A if the agency does not have any full- or part-time medical or mental health
care practitioners who work regularly in its facilities.) ☒ Yes ☐ No ☐ NA
▪ Does the agency ensure that all full- and part-time medical and mental health care practitioners
who work regularly in its facilities have been trained in: How to respond effectively and
professionally to juvenile victims of sexual abuse and sexual harassment? (N/A if the agency
does not have any full- or part-time medical or mental health care practitioners who work
regularly in its facilities.) ☒ Yes ☐ No ☐ NA
▪ Does the agency ensure that all full- and part-time medical and mental health care practitioners
who work regularly in its facilities have been trained in: How and to whom to report allegations
or suspicions of sexual abuse and sexual harassment? (N/A if the agency does not have any
full- or part-time medical or mental health care practitioners who work regularly in its facilities.)
☒ Yes ☐ No ☐ NA
115.335 (b)
▪ If medical staff employed by the agency conduct forensic examinations, do such medical staff
receive appropriate training to conduct such examinations? (N/A if agency medical staff at the
facility do not conduct forensic exams or the agency does not employ medical staff.)
☒ Yes ☐ No ☐ NA
115.335 (c)
▪ Does the agency maintain documentation that medical and mental health practitioners have
received the training referenced in this standard either from the agency or elsewhere? (N/A if
the agency does not have any full- or part-time medical or mental health care practitioners who
work regularly in its facilities.) ☒ Yes ☐ No ☐ NA
115.335 (d)
▪ Do medical and mental health care practitioners employed by the agency also receive training
mandated for employees by §115.331? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in its facilities.)
☒ Yes ☐ No ☐ NA
▪ Do medical and mental health care practitioners contracted by or volunteering for the agency
also receive training mandated for contractors and volunteers by §115.332? (N/A if the agency
does not have any full- or part-time medical or mental health care practitioners contracted by or
volunteering for the agency.) ☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
PREA Audit Report – v6 Page 47 of 111 Southwest Regional Detention Center
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 - Specialized Training Medical-MH
Medical training
Mental health training
PREA-Mental Health and Mental Professionals_
Specialized training for medical and mental health Module 1
PREA-Mental Health and Medical Professionals Module 2
PREA-Mental Health and Medical Professionals Module 3
Signed training docs.
FDJJ Policy 1919 provide medical and mental health staff members receive the regular
PREA training and the specialized training available online through the SkillPro training system
provided by FDJJ. The mental health and medical staff completed the general and refresher
training provided for all staff members. Forensic medical examinations are not conducted by
the facility medical staff mandates the medical and mental health staff (employee and contract)
at the facility and are required to complete the basic PREA training and the specialized training
for medical and mental health staff as required by FDJJ. The facility utilizes a private vendor to
provide medical and mental health services. By contract agreement, all contracting medical
and mental health staff attend the training module provided by the Department of Juvenile
Justice. Documentation review confirmed both medical and mental health staff completed the
initial required training and Specialized Training.
In addition to the Zero Tolerance Policy , all full- and part-time medical and mental health care
practitioners will be trained in the following:
1. How to detect and assess signs of sexual abuse and sexual harassment.
2. How to preserve physical evidence of sexual abuse.
3. How to respond effectively and professionally to juvenile victims of sexual abuse and sexual
harassment.
4. How and to whom to report allegations or suspicions of sexual abuse and sexual
harassment.
PREA Audit Report – v6 Page 48 of 111 Southwest Regional Detention Center
5. Medical and mental health practitioners are required by mandatory reporting laws to report
sexual abuse.
6. Medical and mental health practitioners shall inform residents at the initiation of services of
their duty to report and the limitations of confidentiality regarding sexual abuse.
7. Southwest Regional Juvenile Detention Center medical health staff shall not conduct
forensic investigations but will assist and cooperate with the local law enforcement agency for
in conducting the investigation.
The facility provided training records indicated that medical and mental health staff had
attended medical specialized training. A review of the training curriculum, sign in rosters and
interview with medical and mental health staff confirmed that the staff have received
specialized training.
SCREENING FOR RISK OF SEXUAL VICTIMIZATION
AND ABUSIVENESS
Standard 115.341: Screening for risk of victimization and abusiveness
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.341 (a)
▪ Within 72 hours of the resident’s arrival at the facility, does the agency obtain and use
information about each resident’s personal history and behavior to reduce risk of sexual abuse
by or upon a resident? ☒ Yes ☐ No
▪ Does the agency also obtain this information periodically throughout a resident’s confinement?
☒ Yes ☐ No
115.341 (b)
▪ Are all PREA screening assessments conducted using an objective screening instrument?
☒ Yes ☐ No
115.341 (c)
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: (1) Prior sexual victimization or abusiveness? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: (2) Any gender nonconforming appearance or manner or
identification as lesbian, gay, bisexual, transgender, or intersex, and whether the resident may
therefore be vulnerable to sexual abuse? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: (3) Current charges and offense history? ☒ Yes ☐ No
PREA Audit Report – v6 Page 49 of 111 Southwest Regional Detention Center
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: (4) Age? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: (5) Level of emotional and cognitive development? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: (6) Physical size and stature? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: (7) Mental illness or mental disabilities? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: (8) Intellectual or developmental disabilities? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: (9) Physical disabilities? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: (10) The residents’ own perception of vulnerability? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: (11) Any other specific information about individual residents that
may indicate heightened needs for supervision, additional safety precautions, or separation from
certain other residents? ☒ Yes ☐ No
115.341 (d)
▪ Is this information ascertained through conversations with the resident during the intake process
and medical mental health screenings? ☒ Yes ☐ No
▪ Is this information ascertained during classification assessments? ☒ Yes ☐ No
▪ Is this information ascertained by reviewing court records, case files, facility behavioral records,
and other relevant documentation from the resident’s files? ☒ Yes ☐ No
115.341 (e)
▪ Has the agency implemented appropriate controls on the dissemination within the facility of
responses to questions asked pursuant to this standard ensure that sensitive information is not
exploited to the resident’s detriment by staff or other residents? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
PREA Audit Report – v6 Page 50 of 111 Southwest Regional Detention Center
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
Screening procedures
Vulnerability for Victimization and Sexual Aggressive Behavior (VSAB)
FDJJ Policy 1919 - Screening (VSAB)
Facility Operating Procedures 3.09 PREA
Sample AVAB female/ Male
Suicide Risk Screening Instrument sample
Facility Operating Procedures 2.02 Classification
Facility Operating Procedures 2.03 Alerts
FDJJ Policy 1919 PREA - Screening mandates that all residents will be interviewed using an
objective screening instrument for risk of victimization potential vulnerabilities or sexual
abusiveness tendencies to act out with sexually aggressive predatory behavior within seventy-
two (72) hours. All residents are screened within twenty-four hours upon arrival at the facility to
determine placement and their special needs. The medical and mental health screenings,
conversations, classification assessments as well as reviewed court records and case files.
This procedure is inclusive of residents that are received from the Assessment Center or
residents that transfer to the facility from other Detention Centers, including residents that are
housed at the center for transient status such as court hearings, law enforcement interviews or
pending an investigation at the sending facility.
Also, policies require all residents to be assessed during intake screening and upon transfer to
another facility for their risk of being sexually abused by other residents or sexually abusive
toward other residents. VSAB screening include mental, physical, or developmental
disabilities, age, physical build, prior incarcerations, criminal history (violent and non-violent),
prior convictions for sex offenses against an adult or child, prior acts of sexual abuse, prior
convictions for violent offenses, history of prior institutional violence or sexual abuse, prior
sexual victimization, perception of vulnerability, and if the resident is or is perceived to be
(LGBTQI) or gender nonconforming. The facility’s policy limits staff access to this information
PREA Audit Report – v6 Page 51 of 111 Southwest Regional Detention Center
on a “need to know basis.” Also, prohibits the discipline of any resident for refusing to answer
screening questions.
Sensitive information obtained will not be exploited to the resident’s detriment by staff or other
residents. All staff will follow appropriate confidentiality when dealing with sensitive information.
Information obtained will only be used to make housing, bed, program, and education
assignments with the goal to keep all residents safe and free from sexual abuse and to reduce
the risk of victimization.
Periodically throughout the resident’s confinement information is obtained about the residents'
personal history and behavior to reduce the risk of sexual abuse by or upon a resident.
Information is gathered through staff conversations with the resident, information provided by
the probation department, and/or family member, and incident reports written by the staff. This
information will be placed in the resident’s file and relayed to the facility superintendent and
team leader on duty. If warranted, the supervisor will notify the Facility Superintendent to
determine if further action is necessary. If residents indicate they have a history of sexual
victimization the facility will enter a Hotline report and notify the resident’s clinical supervisor
and case manager.
The facility utilizes classification to identify victims and predators and assigned residents to
appropriate housing and provide additional information for mental health staff for providing
services to the resident population.
The facility announces to staff during briefing any resident that is on an alert status based on
mental health evaluations or classification reviews.
Prior to being assigned to the facility, residents are transported to the assessment center
which is in the local jails annex. At the assessment center the resident will be interviewed, and
a determination will be made if the resident is going to be placed in the detention center. At
that time, an assessment specialist conduct an interview with the residents and completes a
suicide screening and a Vulnerability for Victim or Sexual Aggressive Behavior Screening. The
resident will be then transported to the intake area of the facility.
At that time, the intake staff will notify medical, mental health and assistant director that the
youth has arrived at the facility. The intake officer will show the PREA orientation video and
then discuss the information received from the assessment staff. The intake staff will then
explain to the resident the purpose of the VSAB screening tool and review his/her answers to
the screening instrument. At that time, the intake staff will refer at risk resident and risk of
history of sexual aggressive and victimization resident to mental health.
The Screening instrument utilized by Florida Department of Juvenile Justice is weighted and
provides a scale from 0 to 3. Residents that are often bullied receive a score of 3 on that
specific question. Youth’s age will be scored zero, one, two, or three. Since the center houses
residents from 9 to 21, youth that are 10 or younger receive a score of 3. Part of the screening
instrument includes interviews with resident legal guardian. Based on the interview with the
guardian the screening can be modified to reflect family knowledge of the youth. The mental
health staff, education staff, and medical staff can make recommendation of rescreening
during their interviews and dealing with the resident. At that time, a new screening instrument
PREA Audit Report – v6 Page 52 of 111 Southwest Regional Detention Center
will be developed. Youth that score a 12 on the screening instrument or considered vulnerable
and house appropriately.
Based in the screening instrument and interviews with the residents, residents will be assigned
to the appropriate housing. For female residents there is only one housing unit so the at risk
residents are housed in single rooms closest to the officer’s station. For male residents, at risk
residents are assigned to the G Mod which is a small unit located next to the female unit.
Due to a break down in the communication from the assessment center and the intake staff
that led to a limited speaking English resident being processed by the intake staff will not
realizing the resident could had limited ability to understand English it was recommended the
PREA coordinator for FDJJ codify a requirement that the assessment center prior to taking a
youth to the center, the assessment center advise the facility of any disabilities that will needed
to be addressed in order for the resident to understand and participate in developing a
screening instrument at the center. In interviewing a resident that spoke and understood
limited English, the assessment center provided the resources to conduct all the assessment
requirements, however, did not advise the facility of the barrier of the resident participating in
the intake process in a meaning full way. The facility re did the intake process as soon as they
were made aware that the youth spoke limited English.
Based on the implementation of the corrective action plan and review of the agency policy and
procedures, observations and information obtained through staff and resident interviews, and
review of 12 resident files, the facility has demonstrated compliance with this standard.
Standard 115.342: Use of screening information
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.342 (a)
▪ Does the agency use all of the information obtained pursuant to § 115.341 and subsequently,
with the goal of keeping all residents safe and free from sexual abuse, to make: Housing
Assignments? ☒ Yes ☐ No
▪ Does the agency use all of the information obtained pursuant to § 115.341 and subsequently,
with the goal of keeping all residents safe and free from sexual abuse, to make: Bed
assignments? ☒ Yes ☐ No
▪ Does the agency use all of the information obtained pursuant to § 115.341 and subsequently,
with the goal of keeping all residents safe and free from sexual abuse, to make: Work
Assignments? ☒ Yes ☐ No
▪ Does the agency use all of the information obtained pursuant to § 115.341 and subsequently,
with the goal of keeping all residents safe and free from sexual abuse, to make: Education
Assignments? ☒ Yes ☐ No
PREA Audit Report – v6 Page 53 of 111 Southwest Regional Detention Center
▪ Does the agency use all of the information obtained pursuant to § 115.341 and subsequently,
with the goal of keeping all residents safe and free from sexual abuse, to make: Program
Assignments? ☒ Yes ☐ No
115.342 (b)
▪ Are residents isolated from others only as a last resort when less restrictive measures are
inadequate to keep them and other residents safe, and then only until an alternative means of
keeping all residents safe can be arranged? (N/A if the facility never places residents in isolation
for any reason.) ☒ Yes ☐ No ☐ NA
▪ During any period of isolation, does the agency always refrain from denying residents daily
large-muscle exercise? (N/A if the facility never places residents in isolation for any reason.)
☒ Yes ☐ No ☐ NA
▪ During any period of isolation, does the agency always refrain from denying residents any
legally required educational programming or special education services? (N/A if the facility
never places residents in isolation for any reason.) ☒ Yes ☐ No ☐ NA
▪ Do residents in isolation receive daily visits from a medical or mental health care clinician? (N/A
if the facility never places residents in isolation for any reason.) ☒ Yes ☐ No ☐ NA
▪ Do residents in isolation also have access to other programs and work opportunities to the
extent possible? (N/A if the facility never places residents in isolation for any reason.)
☒ Yes ☐ No ☐ NA
115.342 (c)
▪ Does the agency always refrain from placing lesbian, gay, and bisexual (LGB) residents in
particular housing, bed, or other assignments solely on the basis of such identification or status?
☒ Yes ☐ No
▪ Does the agency always refrain from placing transgender residents in particular housing, bed, or
other assignments solely on the basis of such identification or status? ☒ Yes ☐ No
▪ Does the agency always refrain from placing intersex residents in particular housing, bed, or
other assignments solely on the basis of such identification or status? ☒ Yes ☐ No
▪ Does the agency always refrain from considering lesbian, gay, bisexual, transgender, or
intersex (LGBTI) identification or status as an indicator or likelihood of being sexually abusive?
☒ Yes ☐ No
115.342 (d)
▪ When deciding whether to assign a transgender or intersex resident to a facility for male or
female residents, does the agency consider, on a case-by-case basis, whether a placement
would ensure the resident’s health and safety, and whether a placement would present
management or security problems (NOTE: if an agency by Policy or practice assigns residents
to a male or female facility on the basis of anatomy alone, that agency is not in compliance with
this standard)? ☒ Yes ☐ No
PREA Audit Report – v6 Page 54 of 111 Southwest Regional Detention Center
▪ When making housing or other program assignments for transgender or intersex residents,
does the agency consider, on a case-by-case basis, whether a placement would ensure the
resident’s health and safety, and whether a placement would present management or security
problems? ☒ Yes ☐ No
115.342 (e)
▪ Are placement and programming assignments for each transgender or intersex resident
reassessed at least twice each year to review any threats to safety experienced by the resident?
☒ Yes ☐ No
115.342 (f)
▪ Are each transgender or intersex resident’s own views with respect to his or her own safety
given serious consideration when making facility and housing placement decisions and
programming assignments? ☒ Yes ☐ No
115.342 (g)
▪ Are transgender and intersex residents given the opportunity to shower separately from other
residents? ☒ Yes ☐ No
115.342 (h)
▪ If a resident is isolated pursuant to provision (b) of this section, does the facility clearly
document: The basis for the facility’s concern for the resident’s safety? (N/A if the facility never
places residents in isolation for any reason.) ☒ Yes ☐ No ☐ NA
▪ If a resident is isolated pursuant to provision (b) of this section, does the facility clearly
document: The reason why no alternative means of separation can be arranged? (N/A if the
facility never places residents in isolation for any reason.) ☒ Yes ☐ No ☐ NA
115.342 (i)
▪ In the case of each resident who is isolated as a last resort when less restrictive measures are
inadequate to keep them and other residents safe, does the facility afford a review to determine
whether there is a continuing need for separation from the general population EVERY 30
DAYS? (N/A if the facility never places residents in isolation for any reason.)
☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
PREA Audit Report – v6 Page 55 of 111 Southwest Regional Detention Center
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 - Placement of Youth
Screening information
VSAB skillpro training
Suicide Risk Screening Instrument sample
Facility Operating Procedures 2.02 Classification
Facility Operating Procedures 2.03 Alert
Facility Operating Procedures 3.09 PREA
Statement of Fact
As part of the initial screening into the facility all residents undergo a Suicide Risk Screening
Instrument. This information the VSAB screening instrument and all information obtained upon
intake and periodically throughout the residents’ confinement are used to make housing, bed,
program, and education assignments with the goal of keeping all residents safe and free from
sexual abuse. The facility houses male and female resident from age 9 to age 21. The
screening instrument includes conversations with the legal guardian can be modified based on
these interviews. It also can be modified based on mental health evaluation of maturity and
interaction with education and direct care staff.
The facility policy provides guidance to staff regarding the use of the information obtained from
the Vulnerability Assessment: Risk for Victimization and/or Sexual Aggressiveness. The staff
interviews, and information obtained through the administration of the screening instrument
assist in determining bed, education, and other program assignments with the goal of keeping
all residents safe and meeting the needs of each resident. This information was verified
through a review of specific samples of the completed screening instrument. The facility also
uses additional screening instruments.
This facility does not house residents in isolation for a means of protective custody.
A resident that scores a 12 on the screening instrument will is considered vulnerable. While
these residents are housed in the smaller unit, the facility superintendent and assistant director
develop a plan of action to keep the resident safe. Based on interviews with the superintendent
and Captain this may include changing the ratio to one to four, releasing to home confinement,
or holding resident in private office with staff one on one supervision until appropriate remedies
can be assessed and implemented. Even during any period of separation from other residents,
residents shall not be denied large-muscle exercise, educational programming, special
PREA Audit Report – v6 Page 56 of 111 Southwest Regional Detention Center
education services and other programs to the extent possible. Residents separated from other
residents shall receive daily visits from a medical or mental health care clinician.
Lesbian, gay, bisexual, transgender, questioning or intersex (LGBTQI) residents shall not be
placed housing, bed, or other assignments solely based on such identification or status, nor
shall agencies consider LGBTQI identification or status as an indicator of likelihood of being
sexually abusive. In deciding to assign a transgender or intersex resident to a center for male
or female residents, and in making other housing and programming assignments, the agency
shall consider on a case-by-case basis whether a placement would ensure the resident’s
health and safety, and whether the placement would present management or security
problems. Placement and programming assignments for each transgender or intersex resident
shall be reassessed by the Superintendent and PREA compliance manager at least twice each
year to review any threats to safety experienced by the resident. A transgender or intersex
resident’s own view with respect to his/her own safety shall be given serious consideration.
Transgender or intersex residents shall be given the opportunity to shower separately from
other residents. In fact all resident shower by themselves at SWRJDC. The superintendent
indicated that the center would house transgender and intersex residents in the unit they felt
most safe.
The center has not segregated or removed residents from the program for a PREA incident in
the last 12 months. The agency PREA coordinator, and facility superintendent interviewed
indicated that the center would comply with requirements of the standard if transgender were
housed at the facility. The Facility Superintendent indicated that the initial screening and any
updated screening information is considered for placement of residents on a continuous basis.
Compliance of this standard were determined by review of the screening instrument, interviews
with medical and mental health director, and facility superintendent.
REPORTING
Standard 115.351: Resident reporting
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.351 (a)
▪ Does the agency provide multiple internal ways for residents to privately report: Sexual abuse
and sexual harassment? ☒ Yes ☐ No
▪ Does the agency provide multiple internal ways for residents to privately report: Retaliation by
other residents or staff for reporting sexual abuse and sexual harassment? ☒ Yes ☐ No
▪ Does the agency provide multiple internal ways for residents to privately report: Staff neglect or
violation of responsibilities that may have contributed to such incidents? ☒ Yes ☐ No
115.351 (b)
PREA Audit Report – v6 Page 57 of 111 Southwest Regional Detention Center
▪ Does the agency also provide at least one way for residents to report sexual abuse or sexual
harassment to a public or private entity or office that is not part of the agency? ☒ Yes ☐ No
▪ Is that private entity or office able to receive and immediately forward resident reports of sexual
abuse and sexual harassment to agency officials? ☒ Yes ☐ No
▪ Does that private entity or office allow the resident to remain anonymous upon request?
☒ Yes ☐ No
▪ Are residents detained solely for civil immigration purposes provided information on how to
contact relevant consular officials and relevant officials at the Department of Homeland Security
to report sexual abuse or harassment? (N/A if the facility never houses residents detained solely
for civil immigration purposes.) ☒ Yes ☐ No ☐ NA
115.351 (c)
▪ Do staff members accept reports of sexual abuse and sexual harassment made verbally, in
writing, anonymously, and from third parties? ☒ Yes ☐ No
▪ Do staff members promptly document any verbal reports of sexual abuse and sexual
harassment? ☒ Yes ☐ No
115.351 (d)
▪ Does the facility provide residents with access to tools necessary to make a written report? ☒
Yes ☐ No
▪ Does the agency provide a method for staff to privately report sexual abuse and sexual
harassment of residents? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
PREA Audit Report – v6 Page 58 of 111 Southwest Regional Detention Center
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
CCC Florida Administrative code 63F
FDJJ Policy 1919 PREA - Youth reporting
General Counsel - PREA immigration status
SWRJDC Field Office Procedures 3.08 mail and phone procedures
SWRJDC Field Office Procedures 3.09 PREA
Tell someone Posters
Language Provider - Global Word Version July 2020
PREA-Advocacy poster
Youth Reporting
The above policies, MOUs and External reporting mechanism identifies the multiple internal
ways for residents to report sexual abuse and harassment incidents, retaliation, staff neglect or
violation of responsibilities that may have contributed to such incidents. Included are Reporting
registry hotline, confidential access through Victim Advocacy program to receive and forward
reports of sexual abuse and sexual harassment to FDJJ officials, allowing residents to remain
anonymous upon request. Also, the policies identified the resident’s accessibility to filing a
grievance, communication (telephone, visitation, and correspondence) with their attorney
and/or parent/guardian, staff providing access to the hotline without asking the resident the
purpose of the call, the staff requirement of mandatory reporting and completing an incident
report. The department has provided a method for staff to privately report sexual abuse and
sexual harassment of residents.
Residents have the right to privately report sexual assault, abuse, harassment or retaliation by
other residents or staff for reporting sexual abuse and sexual harassment, and staff neglect or
violation of responsibilities that may have contributed to such incidents to Direct Care Staff,
Volunteer, Intern, Supervisor, PREA Compliance Manager, and Assistant Superintendent.
The residents also identified internal ways a resident may report such as completing a
PREA/grievance form; talking to a trusted staff member; completing a Medical Request Form;
or tell an outside person or family member. There are designated locked boxes and forms on
the living units for depositing the written PREA forms. If a resident uses the form to report
allegations of sexual abuse or sexual harassment, he/she just needs to place his/her name on
the form, check the appropriate space and place it in the grievance box. Resident are shown
the forms, telephone access, and private area for confidential phone calls during the
comprehensive education program.
Residents may use of the emergency telephone located on each unit. The resident may select
the appropriate line and dial a number to reach a victim advocate at ACT Shelter to report an
allegation of abuse and/or request advocacy services. Signs are posted explaining how to
access the Center and contains non-emergency numbers for agencies, including the Police
Department. The resident is also instructed on the signage to dial 911 for emergencies. Direct
care staff revealed staff could use the emergency phone to report allegations of abuse. One
allegations of sexual abuse has been reported during this audit period. The facility does not
detain residents solely for civil immigration purposes.
PREA Audit Report – v6 Page 59 of 111 Southwest Regional Detention Center
Staff may privately report sexual abuse and sexual harassment of residents to their local law
enforcement, state reporting agency, facility superintendent or the PREA compliance manager.
Staff must report sexual abuse and sexual harassment immediately to the Facility
Superintendent and must immediately notify the Child Registry hotline and Central
Communication Center. Staff and Facility Superintendent confirmed that staff may report
directly to the facility superintendent, and he will coordinate with the staff to call the Child
Abuse registry Hotline. However, it is the responsibility of the staff that receive or witness this
action to assist the resident in making the call or for making the call to the hotline. During the
tour, the telephone system was tested in both living units. All calls were answered by staff and
advised residents if they were immediate danger to contact the closest staff.
The residents interviewed stated they have contact with someone who does not work at the
facility they could report abuse to if needed. Policies and staff interviews indicate staff
members are required to immediately document all verbal reports. Staff members receive
information on how to report allegations of sexual abuse and sexual harassment through
policies and procedures, training, and staff meetings.
Compliance was determined by review of posters, Policy , and interview with staff, and
residents.
Standard 115.352: Exhaustion of administrative remedies
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.352 (a)
▪ Is the agency exempt from this standard? NOTE: The agency is exempt ONLY if it does not
have administrative procedures to address resident grievances regarding sexual abuse. This
does not mean the agency is exempt simply because a resident does not have to or is not
ordinarily expected to submit a grievance to report sexual abuse. This means that as a matter of
explicit Policy , the agency does not have an administrative remedies process to address sexual
abuse. ☒ Yes ☐ No
115.352 (b)
▪ Does the agency permit residents to submit a grievance regarding an allegation of sexual abuse
without any type of time limits? (The agency may apply otherwise-applicable time limits to any
portion of a grievance that does not allege an incident of sexual abuse.) (N/A if agency is
exempt from this standard.) ☐ Yes ☐ No ☒ NA
▪ Does the agency always refrain from requiring a resident to use any informal grievance process,
or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse? (N/A if agency
is exempt from this standard.) ☐ Yes ☐ No ☒ NA
115.352 (c)
PREA Audit Report – v6 Page 60 of 111 Southwest Regional Detention Center
▪ Does the agency ensure that: A resident who alleges sexual abuse may submit a grievance
without submitting it to a staff member who is the subject of the complaint? (N/A if agency is
exempt from this standard.) ☐ Yes ☐ No ☒ NA
▪ Does the agency ensure that: Such grievance is not referred to a staff member who is the
subject of the complaint? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
115.352 (d)
• Does the agency issue a final agency decision on the merits of any portion of a grievance
alleging sexual abuse within 90 days of the initial filing of the grievance? (Computation of the
90-day time period does not include time consumed by residents in preparing any administrative
appeal.) (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
• If the agency determines that the 90-day timeframe is insufficient to make an appropriate
decision and claims an extension of time [the maximum allowable extension of time to respond
is 70 days per 115.352(d)(3)], does the agency notify the resident in writing of any such
extension and provide a date by which a decision will be made? (N/A if agency is exempt from
this standard.) ☐ Yes ☐ No ☒ NA
• At any level of the administrative process, including the final level, if the resident does not
receive a response within the time allotted for reply, including any properly noticed extension,
may a resident consider the absence of a response to be a denial at that level? (N/A if agency is
exempt from this standard.) ☐ Yes ☐ No ☒ NA
115.352 (e)
• Are third parties, including fellow residents, staff members, family members, attorneys,
and outside advocates, permitted to assist residents in filing requests for administrative
remedies relating to allegations of sexual abuse? (N/A if agency is exempt from this
standard.) ☐ Yes ☐ No ☒ NA
• Are those third parties also permitted to file such requests on behalf of residents? (If a
third party, other than a parent or legal guardian, files such a request on behalf of a
resident, the facility may require as a condition of processing the request that the alleged
victim agree to have the request filed on his or her behalf and may also require the
alleged victim to personally pursue any subsequent steps in the administrative remedy
process.) (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
• If the resident declines to have the request processed on his or her behalf, does the
agency document the resident’s decision? (N/A if agency is exempt from this standard.)
☐ Yes ☐ No ☒ NA
• Is a parent or legal guardian of a juvenile allowed to file a grievance regarding
allegations of sexual abuse, including appeals, on behalf of such juvenile? (N/A if
agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
• If a parent or legal guardian of a juvenile files a grievance (or an appeal) on behalf of a
juvenile regarding allegations of sexual abuse, is it the case that those grievances are
PREA Audit Report – v6 Page 61 of 111 Southwest Regional Detention Center
not conditioned upon the juvenile agreeing to have the request filed on his or her behalf?
(N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
115.352 (f)
▪ Has the agency established procedures for the filing of an emergency grievance alleging that a
resident is subject to a substantial risk of imminent sexual abuse? (N/A if agency is exempt from
this standard.) ☐ Yes ☐ No ☒ NA
▪ After receiving an emergency grievance alleging a resident is subject to a substantial risk of
imminent sexual abuse, does the agency immediately forward the grievance (or any portion
thereof that alleges the substantial risk of imminent sexual abuse) to a level of review at which
immediate corrective action may be taken? (N/A if agency is exempt from this standard.).
☐ Yes ☐ No ☒ NA
▪ After receiving an emergency grievance described above, does the agency provide an initial
response within 48 hours? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
▪ After receiving an emergency grievance described above, does the agency issue a final agency
decision within 5 calendar days? (N/A if agency is exempt from this standard.)
☐ Yes ☐ No ☒ NA
▪ Does the initial response and final agency decision document the agency’s determination
whether the resident is in substantial risk of imminent sexual abuse? (N/A if agency is exempt
from this standard.) ☐ Yes ☐ No ☒ NA
▪ Does the initial response document the agency’s action(s) taken in response to the emergency
grievance? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
▪ Does the agency’s final decision document the agency’s action(s) taken in response to the
emergency grievance? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
115.352 (g)
▪ If the agency disciplines a resident for filing a grievance related to alleged sexual abuse, does it
do so ONLY where the agency demonstrates that the resident filed the grievance in bad faith?
(N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
PREA Audit Report – v6 Page 62 of 111 Southwest Regional Detention Center
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 Youth Grievance
Youth Handbook
Resident may file a grievance; however, the director will forward the grievance to the CCC
within 2 hours. The facility will not undertake investigations of the grievance, however if it is an
emergency grievance and the resident claims or appears to be imminent danger or if the
grievance claims staff member sexual abuse, the facility director will take immediate steps to
protect the resident, to preserve the crime scene and to remove the staff from the areas where
the resident is housed or placed staff member on administrative leave pending investigation.
FDJJ Grievance Procedure allows a resident to submit a grievance regarding an allegation of
sexual abuse with the following stipulations:
1. There is no time limit for reporting allegations.
2. Third parties, including fellow residents, staff members, family members, attorneys, and
outside advocates, may assist residents in filing requests for administrative remedies
relating to allegations of sexual abuse,
3. Permitted to file such requests on behalf of residents.
4. Allows the facility to request the alleged victim to agree to third party grievances alleging
sexual abuse. If a resident decline to have the request processed, the facility will
document the residents’ decision.
5. Prohibits the requirement a resident must first use an informal grievance process, or to
otherwise attempt to resolve with staff, when reporting an allegation of sexual abuse.
6. Allows a resident to submit a grievance without submitting to a staff member who is the
subject of the complaint and prohibits the agency from referring the grievance to a staff
member who is the subject of the complaint.
7. Requires a final agency decision within ninety (90) days on any portion of a grievance
that alleges sexual abuse, and that the ninety (90) days shall not include time
consumed by residents preparing any administrative appeal
8. Allows the department to claim an extension of time to respond to a grievance up to
seventy (70) days, with notification to the resident.
9. Establishes an emergency grievance for a resident subject to a substantial risk of
imminent sexual abuse, including an initial response within 24 hours and a final
response within five (5) days.
10. Prohibits the discipline of a resident for filing a grievance related to sexual abuse only
where the agency demonstrates the resident filed the grievance in bad faith.
PREA Audit Report – v6 Page 63 of 111 Southwest Regional Detention Center
The Policy describes the orientation residents receive explaining how to use the grievance
process to report allegations of abuse and has administrative procedures/appeal process for
dealing with resident’s grievances regarding sexual abuse or harassment. Residents may
place a written grievance or complaint in the grievance box located in living/multi-purpose area
of the facility. Residents are not required to utilize an informal process for reporting allegations
of sexual abuse or sexual harassment nor are they required to submit it to the staff member
involved in the allegation. The Juvenile superintendent will review the complaint immediately
and advise the resident of the outcome or status of the investigation. The policies and
procedures describe an unimpeded process and allow for other individuals to assist a resident
in filing a grievance or to file grievances themselves on behalf of residents. The facility’s
protocol indicated when a resident submits a grievance relating to sexual abuse or sexual
harassment or sexual misconduct staff will immediately report the alleged details of the
allegation directly to their supervisor and Juvenile Facility superintendent. A grievance
regarding a PREA allegation is not processed as a grievance but is forwarded to the OIG for
an investigation.
There were no grievances filed involving PREA related issues during the past 12 months.
There were no grievances alleging sexual abuse that involved an extension due to the final
decision not being reached within 90 days. Additionally, there were no grievances alleging
sexual abuse filed by residents in which the resident declined third-party assistance
Compliance was determined by review of Policy and grievance logs, as well as an interview
with the PREA compliance manager and faciity manager.
Standard 115.353: Resident access to outside confidential support services
and legal representation
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.353 (a)
▪ Does the facility provide residents with access to outside victim advocates for emotional support
services related to sexual abuse by providing, posting, or otherwise making assessable mailing
addresses and telephone numbers, including toll-free hotline numbers where available, of local,
State, or national victim advocacy or rape crisis organizations? ☒ Yes ☐ No
▪ Does the facility provide persons detained solely for civil immigration purposes mailing
addresses and telephone numbers, including toll-free hotline numbers where available of local,
State, or national immigrant services agencies? (N/A if the facility never has persons detained
solely for civil immigration purposes.) ☒ Yes ☐ No ☐ NA
▪ Does the facility enable reasonable communication between residents and these organizations
and agencies, in as confidential a manner as possible? ☒ Yes ☐ No
115.353 (b)
PREA Audit Report – v6 Page 64 of 111 Southwest Regional Detention Center
▪ Does the facility inform residents, prior to giving them access, of the extent to which such
communications will be monitored and the extent to which reports of abuse will be forwarded to
authorities in accordance with mandatory reporting laws? ☒ Yes ☐ No
115.353 (c)
▪ Does the agency maintain or attempt to enter into memoranda of understanding or other
agreements with community service providers that are able to provide residents with confidential
emotional support services related to sexual abuse? ☒ Yes ☐ No
▪ Does the agency maintain copies of agreements or documentation showing attempts to enter
into such agreements? ☒ Yes ☐ No
115.353 (d)
▪ Does the facility provide residents with reasonable and confidential access to their attorneys or
other legal representation? ☒ Yes ☐ No
▪ Does the facility provide residents with reasonable access to parents or legal guardians?
☒ Yes ☐ No
Auditor Overall Compliance Determination
☒
Exceeds Standard (Substantially exceeds requirement of standards)
☐
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
Agency Policy (FDJJ 1919), Prison Rape Elimination (PREA) Policy
Facility Operating Procedures 3.09 PREA
MOU, Abuse, Counseling and Treatment Shelter (ACT)
ACT posters
PREA Notification/Acknowledgement Form
Posted Information- US Citizenship and Immigration Services – English/ Spanish
Website review of ACT shelter
PREA Audit Report – v6 Page 65 of 111 Southwest Regional Detention Center
The facility has a MOU with the ACT shelter which provides the following: a 24/7 hotline staffed
by certified victim advocate; certified victim advocates to respond to requests for advocacy and
accompaniment during forensic examination; counselling; followup support; and referral for
treatment after release or transfer to another facility. Signs containing the ACT hotline number
and basic information about the service were observed throughout the facility. Contact
information for advocacy services is a part of the PREA education sessions and is also
provided to each resident in the PREA brochure. Information is also provided through signs
and posters in various parts of the facility including each living unit. The resident interviews
revealed their knowledge of the advocacy services available to them and the limitations of
confidentiality. The hotline telephone was observed in each living unit and the contact
information for services from the agencies was posted. The telephone was tested, and a
person answered the telephone.
The FOP addresses confidentiality of the advocacy support services. The resident receives
information regarding the limitations of confidentiality during the intake process. An
acknowledgement statement specific to the review of the reporting and advocacy services
contains information regarding the advocacy services to be provided by ACT Shelter. Samples
of acknowledgement statements were reviewed.
Attorneys are provided private areas to meet with residents. All services for advocacy services,
attorney visits and child victimization must comply with State and Federal laws of reporting of
child abuse. US Citizenship and Immigration Services poster are located throughout the
facility.
Interviews with the ACT shelter executive director confirmed the agency has a MOU with
SWRJDC. The executive director indicated that staff receive 60 hours of training prior to be
utilize for emotional support staff. The agency is a member of the Florida Counsel of Sexual
Abuse and has a working relationship with the local Rape Crisis Center. The executive director
indicated that they provide emotional support for children throughout Lee County and always
share their duty to report however short of that duty all information is confidential. When asked
if they had ever received a call from residents at the center, she indicated their policy is not to
ask the child where they are calling from and so she was not aware of any calls. She indicated
that part of the MOU and part of the services they provide is to meet with the children in a
private area and would arrange for the resident to come to the center, meet at a pre-
determined location or go to the facility if required by the center. Compliance was determined
by review of center visitation rules, policies, and memorandums, poster located throughout the
facility and interview with Director of the ACT Shelter.
Standard 115.354: Third-party reporting
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.354 (a)
PREA Audit Report – v6 Page 66 of 111 Southwest Regional Detention Center
▪ Has the agency established a method to receive third-party reports of sexual abuse and sexual
harassment? ☒ Yes ☐ No
▪ Has the agency distributed publicly information on how to report sexual abuse and sexual
harassment on behalf of a resident? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
PREA Brochure
Posted Information
FDJJ Website
FDJJ Policy 1919 PREA- Third Party Reporting
Instructional Support
DJJ shall provide youth with reasonable and confidential access to their attorneys or other
legal representation and reasonable access to parent(s) or legal guardian(s) in accordance
with DJJ Policy . Third Party Reporting process, instructs staff to accept third party reports
from any source, provides information for anyone who sees or suspects sexual abuse, sexual
harassment, or victimization of any kind to report it promptly through . FDJJ websites provides
the public with information regarding third-party reporting of sexual abuse or sexual
harassment on behalf of a resident. Additionally, the staff provides the parent/guardian with a
packet containing varied forms, victim advocate services and third-party reporting information.
There are two (2) separate reporting options for the receipt of third-party reports of sexual
abuse or sexual harassment. Reporting Posters were in the visitation room and the main lobby
of the facility. While entering the facility the auditor asked a visiting parent if she was aware of
how to make a report if her child called about a sexual abuse or sexual harassment. She
indicated she had seen the posters, however would call law enforcement. Compliance was
determined by reviewing the DJJ website and interviews with random staff and residents as
well as review of policies and posters.
PREA Audit Report – v6 Page 67 of 111 Southwest Regional Detention Center
OFFICIAL RESPONSE FOLLOWING A RESIDENT REPORT
Standard 115.361: Staff and agency reporting duties
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.361 (a)
▪ Does the agency require all staff to report immediately and according to agency Policy any
knowledge, suspicion, or information regarding an incident of sexual abuse or sexual
harassment that occurred in a facility, whether or not it is part of the agency? ☒ Yes ☐ No
▪ Does the agency require all staff to report immediately and according to agency Policy any
knowledge, suspicion, or information regarding retaliation against residents or staff who
reported an incident of sexual abuse or sexual harassment? ☒ Yes ☐ No
▪ Does the agency require all staff to report immediately and according to agency Policy any
knowledge, suspicion, or information regarding any staff neglect or violation of responsibilities
that may have contributed to an incident of sexual abuse or sexual harassment or retaliation?
☒ Yes ☐ No
115.361 (b)
• Does the agency require all staff to comply with any applicable mandatory child abuse
report laws? ☒ Yes ☐ No
115.361
Apart from reporting to designated supervisors or officials and designated State or local
services agencies, are staff prohibited from revealing any information related to a sexual abuse
report to anyone other than to the extent necessary, as specified in agency Policy , to make
treatment, investigation, and other security and management decisions? ☒ Yes ☐ No
115.361 (d)
▪ Are medical and mental health practitioners required to report sexual abuse to designated
supervisors and officials pursuant to paragraph (a) of this section as well as to the designated State
or local services agency where required by mandatory reporting laws? ☒ Yes ☐ No
▪ Are medical and mental health practitioners required to inform residents of their duty to report, and
the limitations of confidentiality, at the initiation of services? ☒ Yes ☐ No
115.361 (e)
▪ Upon receiving any allegation of sexual abuse, does the facility head or his or her designee
promptly report the allegation to the appropriate office? ☒ Yes ☐ No
PREA Audit Report – v6 Page 68 of 111 Southwest Regional Detention Center
▪ Upon receiving any allegation of sexual abuse, does the facility head or his or her designee
promptly report the allegation to the alleged victim’s parents or legal guardians unless the facility
has official documentation showing the parents or legal guardians should not be notified? ☒
Yes ☐ No
▪ If an alleged victim is under the guardianship of the child welfare system, does the facility head
or his or her designee promptly report the allegation to the alleged victim’s caseworker instead
of the parents or legal guardians? ☒ Yes ☐ No
▪ If a juvenile court retains jurisdiction over the alleged victim, does the facility head or designee
also report the allegation to the juvenile’s attorney or other legal representative of record within
14 days of receiving the allegation? ☒ Yes ☐ No
115.361 (f)
• Does the facility report all allegations of sexual abuse and sexual harassment, including
third-party and anonymous reports, to the facility’s designated investigators? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 PREA; - Reporting Allegations
FDJJ Staff PREA Education and Training
FDJJ Policy 1919 - Reporting Allegations and FDJJ Staff training mandates that all
employees, volunteers, interns, and contractors shall immediately report to their supervisor any
knowledge, suspicion, or information regarding an incident of sexual abuse or sexual
harassment that occurred in the facility, retaliation against residents or staff who reported such
an incident, and any staff neglect or violation of responsibilities that may have contributed to an
incident or retaliation. Upon receiving any allegation of sexual abuse, facility superintendent
PREA Audit Report – v6 Page 69 of 111 Southwest Regional Detention Center
promptly reports allegations to the Agency’s Central Control Center(CCC). Medical and Mental
Health staff interviewed confirmed their responsibility to inform residents under 18 years old of
their duty to report and limitations of confidentiality.
The CCC will make appropriate notification to senior DJJ management who will make
notification to management overseeing the facility where the alleged abuse occurred. Policies
require the Executive Director to notify the alleged victim’s parents or legal guardians. If the
resident is under the Department of Children and Families (DCF) custody, the DCF Case
Worker will be notified and if applicable, the attorney of record will be notified of the allegation
within 14 days of receipt of the allegation.
DJJ Policy mandates and interviews with random staff confirmed that persons making the
reports of any incidents that would occur in the facility and they are prohibited from sharing
information with anyone who is not part of the investigation or reporting process.
Compliance was determined by review of policies, training module, and interviews with direct
care staff first responders that are not direct care staff, the facility superintendent, and the
agency head designee and the PREA coordinator.
Standard 115.362: Agency protection duties
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.362 (a)
▪ When the agency learns that a resident is subject to a substantial risk of imminent sexual
abuse, does it take immediate action to protect the resident? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
PREA Audit Report – v6 Page 70 of 111 Southwest Regional Detention Center
DC Policy 1.12 – Incident/CCC Reporting
FDJJ Policy 1919 - Agency Protection Duties
Facility Policy 1.12 and FDJJ Policy 1919 require staff to protect the residents through
immediately implementing protective measures. Interviews with the residents revealed their
concerns about their own safety are discussed during the intake process and during the
administration of Screening assessments. Policies requires that if the resident alleges, they are
at substantial risk of imminent sexual abuse, staff will take immediate steps to ensure the
safety of the resident. The direct care staff will take steps to separate the alleged victim from
the alleged perpetrator and notify the staff with highest authority at the facility and the assistant
facility superintendent, or facility director. These staff will then determine the best options to
protect the victim. The staff will then follow the mandatory reporting steps. There have been no
instances where residents were at imminent danger of sexual abuse. Compliance was
determined by review of policies and interviews with direct care staff, non-direct care staff, and
the facility superintendent.
Standard 115.363: Reporting to other confinement facilities
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.363 (a)
▪ Upon receiving an allegation that a resident was sexually abused while confined at another
facility, does the head of the facility that received the allegation notify the head of the facility or
appropriate office of the agency where the alleged abuse occurred? ☒ Yes ☐ No
▪ Does the head of the facility that received the allegation also notify the appropriate investigative
agency? ☒ Yes ☐ No
115.363 (b)
▪ Is such notification provided as soon as possible, but no later than 72 hours after receiving the
allegation? ☒ Yes ☐ No
115.363 (c)
▪ Does the agency document that it has provided such notification? ☒ Yes ☐ No
115.363 (d)
▪ Does the facility head or agency office that receives such notification ensure that the allegation
is investigated in accordance with these standards? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
PREA Audit Report – v6 Page 71 of 111 Southwest Regional Detention Center
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ 1919 PREA
Facility Operating Procedures 3.09 PREA
Upon receiving an allegation that a resident was sexually abused while confined at another
facility, the head of the facility that received the allegation shall notify the head of the facility or
appropriate office of the agency where the alleged abuse occurred and shall also notify the
appropriate investigative agency. (b) Such notification shall be provided as soon as possible,
but no later than 72 hours after receiving the allegation. (c)The agency shall document that it
has provided such notification. (d) The facility head or agency office that receives such
notification shall ensure that the allegation is investigated in accordance with these standards.
FDJJ 1919 PREA requires the Superintendent to notify the head of another facility within 72
hours upon receiving an allegation a resident was sexually abused while confined at another
facility. If any allegation is made, the notifications and documentation of the notifications would
be made according to facility policy. During the past 12 months, there were no allegations
received a resident was abused while confined to another facility nor were there allegations of
sexual abuse received by SWRJDC from other facilities. Compliance was determined by
review of agency and facility policies and interviews with facility superintendent.
Standard 115.364: Staff first responder duties
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.364 (a)
▪ Upon learning of an allegation that a resident was sexually abused, is the first security staff
member to respond to the report required to: Separate the alleged victim and abuser?
☒ Yes ☐ No
PREA Audit Report – v6 Page 72 of 111 Southwest Regional Detention Center
▪ Upon learning of an allegation that a resident was sexually abused, is the first security staff
member to respond to the report required to: Preserve and protect any crime scene until
appropriate steps can be taken to collect any evidence? ☒ Yes ☐ No
▪ Upon learning of an allegation that a resident was sexually abused, is the first security staff
member to respond to the report required to: Request that the alleged victim not take any
actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth,
changing clothes, urinating, defecating, smoking, drinking, or eating, if the abuse occurred
within a time period that still allows for the collection of physical evidence? ☒ Yes ☐ No
▪ Upon learning of an allegation that a resident was sexually abused, is the first security staff
member to respond to the report required to: Ensure that the alleged abuser does not take any
actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth,
changing clothes, urinating, defecating, smoking, drinking, or eating, if the abuse occurred
within a time period that still allows for the collection of physical evidence? ☒ Yes ☐ No
115.364 (b)
▪ If the first staff responder is not a security staff member, is the responder required to request
that the alleged victim not take any actions that could destroy physical evidence, and then notify
security staff? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FRJDC First Responder Plan
FDJJ Policy 1919 - Responding to Allegations
FOP 1.12 Incident/CCC reporting
PREA - Volunteer and Contractor Training
Staff Responder
Investigation procedures from OIG
Statement of Fact
PREA Audit Report – v6 Page 73 of 111 Southwest Regional Detention Center
The center trains all staff on first responder duties. A review of the training documentation
confirmed staff had been trained in their responsibilities as first responders and have been
provided with all types of additional training. The alleged perpetrator is kept physically
separated from the alleged victim; ensure that alleged perpetrator has no contact with the
alleged victim pending the outcome of the investigation; Secure the crime scene (the victim
and the perpetrator are prevented from taking any actions that may destroy physical evidence
(such as washing/showering, changing clothes, brushing teeth, combing hair, or using the
restroom, until an investigator arrives on the scene); and document the incident. All responders
indicated they would alert the supervisor, separate the victim and perpetrator, and request the
victim and perpetrator do not take any actions that could destroy physical evidence. There was
one allegation of sexual abuse during the last 12 months. The investigation was unfounded.
Compliance was determined by a review of center training plan, first responder flow chart and
interviews with all staff including the maintenance staff that does not deal directly with resident.
Standard 115.365: Coordinated response
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.365 (a)
▪ Has the facility developed a written institutional plan to coordinate actions among staff first
responders, medical and mental health practitioners, investigators, and facility leadership taken
in response to an incident of sexual abuse? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Coordinated Response Plan
PREA Audit Report – v6 Page 74 of 111 Southwest Regional Detention Center
FDJJ Policy 1919 PREA - Coordinated Response
FDJJ Coordinated Response includes a written plan to coordinate actions of employee first
responders, medical and mental health practitioners, investigators, and facility leadership in
response to an incident of sexual abuse. The facility shall develop a written institutional plan to
coordinate actions taken in response to an incident of sexual abuse among staff first
responders, medical and mental health practitioners, investigators, and facility leadership. The
facility has developed a Coordinated Response Flow Chart which is aligned with the detailed
information in the policy regarding the response to an allegation or incident of sexual abuse.
The Plan outlines the actions of the identified staff members such as the first responder;
supervisors; medical; mental health; and management. The flow chart maps out the steps to
take and staff responsibilities. The random staff interviewed was familiar with the roles
regarding the response to an allegation of sexual abuse. The Director discussed the
coordinated actions in response to an incident of sexual abuse which was parallel to Policy.
Forensic medical examinations will be provided free of charge to the victim at the Rape Crisis
Center - children or Lee County Medical Center by a Sexual Assault Nurse Examiner (SANE)
from Lee County Medical Center. The Center has 24/7 access to a SANE provider. The victim
will be provided unimpeded access to crisis intervention and medical services. ACT would be
notified and would report to the appropriate examination site and would provide follow up
counseling and emotional support with the child and legal guardian. Staff members are
directed to follow the steps outlined and to utilize the Checklist in addressing the situation.
Compliance was determined by review of the Coordinated Response of an Allegations of
Sexual Abuse and interviews with random staff, Medical Center SART coordinator, ACT
executive director, Shift Supervisors, PREA compliance managers and PREA coordinator.
Standard 115.366: Preservation of ability to protect residents from contact
with abusers
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.366 (a)
▪ Are both the agency and any other governmental entities responsible for collective bargaining
on the agency’s behalf prohibited from entering into or renewing any collective bargaining
agreement or other agreement that limits the agency’s ability to remove alleged staff sexual
abusers from contact with any residents pending the outcome of an investigation or of a
determination of whether and to what extent discipline is warranted? ☒ Yes ☐ No
115.366 (b)
▪ Auditor is not required to audit this provision.
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
PREA Audit Report – v6 Page 75 of 111 Southwest Regional Detention Center
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 - PREA
Statement of Fact
Pursuant to 28 C.F.R. 115.366 of the Federal Prison Rape Elimination Standard (PREA), the
Florida Department of Juvenile Justice (FDJJ) does not engage in the collective bargaining
process regarding any violation of departmental Policy regarding PREA. FDJJ does not allow
an entity to restrict the department’s ability to terminate an employee or remove a staff who
allegedly abuses or harasses youth from having contact with residents pending the outcome of
an investigation or a determination of whether and to what extent to discipline is warranted.
Interviews with the FDJJ Commissioner and PREA Coordinator determined the facility meets
the requirements of the standard.
Standard 115.367: Agency protection against retaliation
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.367 (a)
▪ Has the agency established a Policy to protect all residents and staff who report sexual abuse
or sexual harassment or cooperate with sexual abuse or sexual harassment investigations from
retaliation by other residents or staff? ☒ Yes ☐ No
▪ Has the agency designated which staff members or departments are charged with monitoring
retaliation? ☒ Yes ☐ No
115.367 (b)
1. Does the agency employ multiple protection measures, such as housing changes or transfers
for resident victims or abusers, removal of alleged staff or resident abusers from contact with
victims, and emotional support services, for residents or staff who fear retaliation for reporting
sexual abuse or sexual harassment or for cooperating with investigations? ☒ Yes ☐ No
PREA Audit Report – v6 Page 76 of 111 Southwest Regional Detention Center
115.367 (c)
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency monitor: The conduct
and treatment of residents or staff who reported the sexual abuse to see if there are changes
that may suggest possible retaliation by residents or staff? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency monitor: The conduct
and treatment of residents who were reported to have suffered sexual abuse to see if there are
changes that may suggest possible retaliation by residents or staff? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency: Act promptly to remedy
any such retaliation? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency monitor: Any resident
disciplinary reports? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency monitor: Resident
housing changes? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency monitor: Resident
program changes? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency monitor: Negative
performance reviews of staff? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency monitor:
Reassignments of staff? ☒ Yes ☐ No
▪ Does the agency continue such monitoring beyond 90 days if the initial monitoring indicates a
continuing need? ☒ Yes ☐ No
115.367 (d)
▪ In the case of residents, does such monitoring also include periodic status checks?
☒ Yes ☐ No
115.367 (e)
▪ If any other individual who cooperates with an investigation expresses a fear of retaliation, does
the agency take appropriate measures to protect that individual against retaliation?
☒ Yes ☐ No
115.367 (f)
PREA Audit Report – v6 Page 77 of 111 Southwest Regional Detention Center
▪ Auditor is not required to audit this provision.
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 - Protection against Retaliation
Southwest Regional Juvenile Detention Center Retaliation Form
Retaliation forms.
SWRJDC Memo for Compliance and Retaliation Monitor
FDJJ Policy 1919 PREA and SWRJDC FOP PREA require 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 policy requires the monitoring to take place for a period
of 90 days or longer, as needed. The agency shall employ multiple protection measures, such
as housing changes or transfers for resident victims or abusers, removal of alleged staff or
resident abusers from contact with victims, and emotional support services for residents or
staff who fear retaliation for reporting sexual abuse or sexual harassment or for cooperating
with investigations. The Policy identifies measures to protect staff and residents including the
following: a. Initiating housing changes or transfers for resident victims or abusers; b.
Removing alleged staff or resident abusers from contact with victims; and c. Providing
emotional support services. The interview confirmed the facility would protect residents and
staff from retaliation for sexual abuse and sexual harassment allegations. Protective measures
would include housing changes, transfers, removing alleged abusers, and emotional support
services.
If any other individual who cooperates with an investigation expresses a fear of retaliation, the
facility shall take appropriate measures to protect that individual against retaliation. The FOP
states if any other individual who cooperates with an investigation expresses the occurrence
retaliation from another resident or staff member, SWRJDC shall take appropriate measures to
PREA Audit Report – v6 Page 78 of 111 Southwest Regional Detention Center
protect that individual against retaliation. An agency’s obligation to monitor shall terminate if
the agency determines that the allegation is unfounded.
The retaliation monitor interview indicated that monitoring steps include reviewing group, or
facility assignments, reviewing youth progress reports, periodic status checks with the youth,
and performance reviews or reassignments of employees involved in the initial report or
investigation. She indicated that at SWRJDC monitoring would last as long as the resident was
assigned to the facility. During the last 12 months there was one (1) allegation of sexual
abuse. The incident was unfounded.
Compliance was determined by review of Policy, retaliation monitoring forms, interview
retaliation monitor and PREA coordinator.
Standard 115.368: Post-allegation protective custody
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.368 (a)
▪ Is any and all use of segregated housing to protect a resident who is alleged to have suffered
sexual abuse subject to the requirements of § 115.342? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 PREA- Protection against Retaliation
Facility Operating Procedures 3.09 PREA
Statement of Fact
FDJJ Policy 1919 PREA addresses this standard regarding placing residents in isolation who
have alleged to have suffered sexual abuse. According to Policy , a resident would only be
PREA Audit Report – v6 Page 79 of 111 Southwest Regional Detention Center
placed in isolation as a last resort if less restrictive measures are inadequate and only until
alternative placement could be found. Interviews the facility director, and mental health director
stated they would develop a plan to protect the resident. If no other alternative is available, the
resident could be moved to a facility to protect the resident. During any period of isolation
residents shall not be denied large-muscle exercise, educational programming, special
education services and other programs to the extent possible. Residents in isolation would
receive daily visits from a medical or mental health care clinician. If a resident who alleges to
have suffered sexual abuse is held in isolation, the facility affords each such resident a review
every 30 days to determine whether there is continuing need for separation from the general
population.
Based on interview with the facility superintendent, the facility would not hold a resident in
isolation for a sexual abuse. The facility would notify CCC and an investigation would occur. In
the meantime the regional director would determine the best was of managing the allegation
which would exclude isolation. It may be that the child is placed in home confinement or moved
to a neighboring facility. If a child was abused by another resident or staff the other resident
would be moved and the staff placed on administrative leave. If necessary, the child could be
placed on one on one supervision.
Compliance was determined by review of Policy interviews with Facility Director and Assistant
Director.
INVESTIGATIONS
Standard 115.371: Criminal and administrative agency investigations
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.371 (a)
▪ When the agency conducts its own investigations into allegations of sexual abuse and sexual
harassment, does it do so promptly, thoroughly, and objectively? [N/A if the agency/facility is not
responsible for conducting any form of criminal OR administrative sexual abuse investigations.
See 115.321(a).] ☐ Yes ☐ No ☒ NA
▪ Does the agency conduct such investigations for all allegations, including third party and
anonymous reports? [N/A if the agency/facility is not responsible for conducting any form of
criminal OR administrative sexual abuse investigations. See 115.321(a).]
☐ Yes ☐ No ☒ NA
115.371 (b)
▪ Where sexual abuse is alleged, does the agency use investigators who have received
specialized training in sexual abuse investigations involving juvenile victims as required by
115.334? ☒ Yes ☐ No
PREA Audit Report – v6 Page 80 of 111 Southwest Regional Detention Center
115.371 (c)
▪ Do investigators gather and preserve direct and circumstantial evidence, including any available
physical and DNA evidence and any available electronic monitoring data? ☒ Yes ☐ No
▪ Do investigators interview alleged victims, suspected perpetrators, and witnesses?
☒ Yes ☐ No
▪ Do investigators review prior reports and complaints of sexual abuse involving the suspected
perpetrator? ☒ Yes ☐ No
115.371 (d)
1. Does the agency always refrain from terminating an investigation solely because the source of
the allegation recants the allegation? ☒ Yes ☐ No
115.371 (e)
▪ When the quality of evidence appears to support criminal prosecution, does the agency conduct
compelled interviews only after consulting with prosecutors as to whether compelled interviews
may be an obstacle for subsequent criminal prosecution? ☒ Yes ☐ No
115.371 (f)
▪ Do agency investigators assess the credibility of an alleged victim, suspect, or witness on an
individual basis and not on the basis of that individual’s status as resident or staff?
☒ Yes ☐ No
▪ Does the agency investigate allegations of sexual abuse without requiring a resident who
alleges sexual abuse to submit to a polygraph examination or other truth-telling device as a
condition for proceeding? ☒ Yes ☐ No
115.371 (g)
▪ Do administrative investigations include an effort to determine whether staff actions or failures to
act contributed to the abuse? ☒ Yes ☐ No
▪ Are administrative investigations documented in written reports that include a description of the
physical evidence and testimonial evidence, the reasoning behind credibility assessments, and
investigative facts and findings? ☒ Yes ☐ No
115.371 (h)
▪ Are criminal investigations documented in a written report that contains a thorough description
of the physical, testimonial, and documentary evidence and attaches copies of all documentary
evidence where feasible? ☒ Yes ☐ No
PREA Audit Report – v6 Page 81 of 111 Southwest Regional Detention Center
115.371 (i)
▪ Are all substantiated allegations of conduct that appears to be criminal referred for prosecution?
☒ Yes ☐ No
115.371 (j)
▪ Does the agency retain all written reports referenced in 115.371(g) and (h) for as long as the
alleged abuser is incarcerated or employed by the agency, plus five years unless the abuse was
committed by a juvenile resident and applicable law requires a shorter period of retention?
☒ Yes ☐ No
115.371 (k)
▪ Does the agency ensure that the departure of an alleged abuser or victim from the employment
or control of the agency does not provide a basis for terminating an investigation?
☒ Yes ☐ No
115.371 (l)
▪ Auditor is not required to audit this provision.
115.371 (m)
▪ When an outside agency investigates sexual abuse, does the facility cooperate with outside
investigators and endeavor to remain informed about the progress of the investigation? (N/A if
an outside agency does not conduct administrative or criminal sexual abuse investigations. See
115.321(a).) ☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
PREA Audit Report – v6 Page 82 of 111 Southwest Regional Detention Center
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 PREA – Investigations
FOP 1.12 Incident/CCC reporting
Investigation procedures from OIG
Investigative Notifications
FDJJ Policy 1919 establishes the agency Policy that all allegations of sexual abuse or sexual
harassment will be investigated. Florida Department of Juvenile Justice does not conduct their
own criminal investigations of sexual abuse. The Office of the Inspector General or PREA
coordinator conducts administrative investigations and criminal investigations are conducted by local
law enforcement. Sustained allegations as a result of a criminal investigation will be referred for
prosecution. The Florida Department of Children and Families are also called when there is an
allegation of sexual abuse or sexual harassment.
The policies direct facility staff to cooperate with investigations and the documentation
reviewed indicates that cooperation is provided. FDJJ Policy 1919 affords an investigation is
not terminated because the source recants the allegation or resident, or staff are no longer
assigned to the facility. The Office of Inspector General follows protocols in conducting
administrative investigations in FDJJ settings and the investigators receive training on the
related agency policies Florida Department of Juvenile Justice has requested the agencies that
conduct allegation of sexual abuse or sexual harassment follow the PREA standards.
All allegations shall be evaluated on case-by-case basis to determine if the allegations are
criminal in nature and should be submitted to law enforcement. Investigators shall be
cognizant that allegations that are clearly criminal in nature shall be reported to the appropriate
law enforcement agency. All allegations involving sexual contact between a staff member and
a resident are criminal violations and shall be reported to law enforcement. Once the law
enforcement agency has been notified and agree to open an investigation, investigators shall
not proceed with the investigation until the law enforcement agency or office management
gives their approval. After the criminal investigation, OIG would conduct an administrative
investigation.
Any criminal investigations are conducted by local law enforcement and would be referred to
appropriate jurisdiction for prosecution. Completed reports shall be retained in the Office of
the inspector general in accordance with the state retention schedule. Interviews with Facility
Superintendent and investigator confirmed that the present retention period is the agency
retain all written reports referenced in 115.371 for as long as the alleged abuser is incarcerated
or employed by the agency, plus five years.
As part of the responsive planning staff are trained on protecting the crimes scene and
cooperating with investigative units. There has been one allegation of sexual abuse made at
during the last 12 months. This investigation was referred to the local law enforcement, who
determined the act unfounded. Department of Children and Families Services reviewed the
incident and determined it was unfounded. An administrative investigation was conducted and
was determine as unfounded.
PREA Audit Report – v6 Page 83 of 111 Southwest Regional Detention Center
Compliance was determined by review of first responder duties and interviews with PREA
coordinator, chief of OIG and facility superintendent.
Standard 115.372: Evidentiary standard for administrative investigations
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.372 (a)
▪ Is it true that the agency does not impose a standard higher than a preponderance of the
evidence in determining whether allegations of sexual abuse or sexual harassment are
substantiated? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 – Investigations
FOP 1.12 Incident/CCC reporting
Facility Operating Procedures (FOP) 3.09 PREA
Report of Investigation
FDJJ Office of the Inspector General conducts administrative investigations. The investigator
may make a finding of Substantiated, Not Substantiated, Unfounded, or Pending further
investigation. The finding will be made using the standard of proof of the preponderance of the
evidence.
Compliance of the standard was determined by reviewing the policy , investigative report,
training curriculum and interview with the agency PREA coordinator and Chief investigator
from Office of Inspector General.
PREA Audit Report – v6 Page 84 of 111 Southwest Regional Detention Center
Standard 115.373: Reporting to residents
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.373 (a)
▪ Following an investigation into a resident’s allegation that he or she suffered sexual abuse in an
agency facility, does the agency inform the resident as to whether the allegation has been
determined to be substantiated, unsubstantiated, or unfounded? ☒ Yes ☐ No
115.373 (b)
▪ If the agency did not conduct the investigation into a resident’s allegation of sexual abuse in the
agency’s facility, does the agency request the relevant information from the investigative agency
in order to inform the resident? (N/A if the agency/facility is responsible for conducting
administrative and criminal investigations.) ☒ Yes ☐ No ☐ NA
115.373 (c)
▪ Following a resident’s allegation that a staff member has committed sexual abuse against the
resident, unless the agency has determined that the allegation is unfounded, or unless the
resident has been released from custody, does the agency subsequently inform the resident
whenever: The staff member is no longer posted within the resident’s unit? ☒ Yes ☐ No
▪ Following a resident’s allegation that a staff member has committed sexual abuse against the
resident, unless the agency has determined that the allegation is unfounded, or unless the
resident has been released from custody, does the agency subsequently inform the resident
whenever: The staff member is no longer employed at the facility? ☒ Yes ☐ No
▪ Following a resident’s allegation that a staff member has committed sexual abuse against the
resident, unless the agency has determined that the allegation is unfounded, or unless the
resident has been released from custody, does the agency subsequently inform the resident
whenever: The agency learns that the staff member has been indicted on a charge related to
sexual abuse in the facility? ☒ Yes ☐ No
▪ Following a resident’s allegation that a staff member has committed sexual abuse against the
resident, unless the agency has determined that the allegation is unfounded, or unless the
resident has been released from custody, does the agency subsequently inform the resident
whenever: The agency learns that the staff member has been convicted on a charge related to
sexual abuse within the facility? ☒ Yes ☐ No
115.373 (d)
▪ Following a resident’s allegation that he or she has been sexually abused by another resident,
does the agency subsequently inform the alleged victim whenever: The agency learns that the
alleged abuser has been indicted on a charge related to sexual abuse within the facility?
☒ Yes ☐ No
PREA Audit Report – v6 Page 85 of 111 Southwest Regional Detention Center
▪ Following a resident’s allegation that he or she has been sexually abused by another resident,
does the agency subsequently inform the alleged victim whenever: The agency learns that the
alleged abuser has been convicted on a charge related to sexual abuse within the facility?
☒ Yes ☐ No
115.373 (e)
▪ Does the agency document all such notifications or attempted notifications? ☒ Yes ☐ No
115.373 (f)
▪ Auditor is not required to audit this provision.
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 – Reporting to Youth
Inspector General Directive 4-03
Comprehensive Accountability Report
Certification of the letter
Notification letter
The PREA Policy mandates reporting to residents. Following a resident's allegation that a staff
member has committed sexual abuse against the resident, the agency/facility subsequently
informs the resident (unless the allegations were determined to be unfounded) whenever:
(a) Following an investigation into a resident’s allegation of sexual abuse suffered in an
agency center, the agency shall inform the resident as to whether the allegation has been
determined to be substantiated, unsubstantiated, or unfounded.
PREA Audit Report – v6 Page 86 of 111 Southwest Regional Detention Center
(b) If the agency did not conduct the investigation, it shall request the relevant information from
the investigative agency in order to inform the resident.
(c) Following a resident’s allegation that a staff member has committed sexual abuse against
the resident, the agency shall subsequently inform the resident (unless the agency has
determined that the allegation is unfounded) whenever:
(1) The staff member is no longer posted within the resident’s unit.
(2) The staff member is no longer employed at the center.
(3) The agency learns that the staff member has been indicted on a charge related to sexual
abuse within the center; or
(4) The agency learns that the staff member has been convicted on a charge related to sexual
abuse within the center.
(d) Following a resident’s allegation that he or she has been sexually abused by another
resident, the agency shall subsequently inform the alleged victim whenever:
(1) The agency learns that the alleged abuser has been indicted on a charge related to sexual
abuse within the center; or
(2) The agency learns that the alleged abuser has been convicted on a charge related to
sexual abuse within the center.
(e) All such notifications or attempted notifications shall be documented.
(f) An agency’s obligation to report under this standard shall terminate if the resident is
released from the agency’s custody.
Following and investigation of sexual harassment resident was provided a memo from facility
superintendent that resident assigned receipt. There was one finding that required reporting to
residents during the Audit Period. A certified letter was sent to the legal guardian of the
resident since the resident was no longer in the custody of DJJ. Compliance was determined
by policy, certified letter, and interviews with PREA coordinator, Office of Inspector General
Investigator and Facility Superintendent.
DISCIPLINE
Standard 115.376: Disciplinary sanctions for staff
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.376 (a)
▪ Are staff subject to disciplinary sanctions up to and including termination for violating agency
sexual abuse or sexual harassment policies? ☒ Yes ☐ No
PREA Audit Report – v6 Page 87 of 111 Southwest Regional Detention Center
115.376 (b)
▪ Is termination the presumptive disciplinary sanction for staff who have engaged in sexual
abuse? ☒ Yes ☐ No
115.376 (c)
▪ Are disciplinary sanctions for violations of agency policies relating to sexual abuse or sexual
harassment (other than actually engaging in sexual abuse) commensurate with the nature and
circumstances of the acts committed, the staff member’s disciplinary history, and the sanctions
imposed for comparable offenses by other staff with similar histories? ☒ Yes ☐ No
115.376 (d)
▪ Are all terminations for violations of agency sexual abuse or sexual harassment policies, or
resignations by staff who would have been terminated if not for their resignation, reported to:
Law enforcement agencies (unless the activity was clearly not criminal)? ☒ Yes ☐ No
▪ Are all terminations for violations of agency sexual abuse or sexual harassment policies, or
resignations by staff who would have been terminated if not for their resignation, reported to:
Relevant licensing bodies? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 – Disciplinary sanctions for Staff
FDJJ 1800P Background Screenings
FOP 3.09 PREA relevant
Discipline
DJJ Employee Handbook
PAQ
Statement of Fact
PREA Audit Report – v6 Page 88 of 111 Southwest Regional Detention Center
Staff is subjected to disciplinary sanctions up to and including termination for violating agency
sexual abuse or sexual harassment policies. Staff are made aware of these staff discipline in
the employee handbook and during the initial training.
1. All allegations of sexual abuse shall be immediately investigated. Upon the conclusion of
the investigation, if staff is determined that they were involved in sexual abuse of a resident,
that staff will be terminated immediately, and the investigation will be forwarded to law
enforcement for further review and charges.
2. Disciplinary sanctions for violations of agency policies relating to sexual abuse and
harassment other than engaging in sexual abuse will be commensurate with the nature and
circumstances of the acts committed. However, most likely any degree of sexual abuse and
harassment will be met with termination of the staff member.
3. All staff members who are terminated and or resign in lieu of termination due to violations of
the sexual abuse and sexual harassment Policy shall be reported to law enforcement. Staff
who resign because they would have been terminated, are reported to the Florida State Police
(KSP), unless the activities were not clearly criminal.
A review of the PAQ indicated there were no discipline for staff for violation of PREA
standards, allegations of sexual abuse or sexual harassment.
Compliance was determined by review of the policy, staff training curriculum, and interviews
with PREA coordinator, and facility superintendent.
.
Standard 115.377: Corrective action for contractors and volunteers
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.377 (a)
▪ Is any contractor or volunteer who engages in sexual abuse prohibited from contact with
residents? ☒ Yes ☐ No
▪ Is any contractor or volunteer who engages in sexual abuse reported to: Law enforcement
agencies (unless the activity was clearly not criminal)? ☒ Yes ☐ No
▪ Is any contractor or volunteer who engages in sexual abuse reported to: Relevant licensing
bodies? ☒ Yes ☐ No
115.377 (b)
▪ In the case of any other violation of agency sexual abuse or sexual harassment policies by a
contractor or volunteer, does the facility take appropriate remedial measures, and consider
whether to prohibit further contact with residents? ☒ Yes ☐ No
Auditor Overall Compliance Determination
PREA Audit Report – v6 Page 89 of 111 Southwest Regional Detention Center
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 919 – Disciplinary sanctions for Staff
PAQ
Employee Handbook- relevant PREA
Statement of Fact
FDJJ Policy 1919 provide any contractor or volunteer who engages in sexual abuse is
prohibited from contact with residents. The Policies also provide for contractors and volunteers
who engage in sexual abuse to be reported to law enforcement and to relevant licensing
bodies. The documentation and interviews with the Staff Development Coordinator, Assistant
Facility Superintendent and a contractor revealed the provision of information to volunteers
and contractors that sexual misconduct with a resident is strictly prohibited.
Documentation and the interview with the contractor indicate PREA training occurs. The
contractor is aware of the zero-tolerance Policy and how to report allegations of sexual abuse
or sexual harassment of residents. During this audit period, there have been no allegations of
sexual abuse or sexual harassment involving a contractor or volunteer.
Compliance was determined by review of contractor files and interviews with Facility
Administrative.
Standard 115.378: Interventions and disciplinary sanctions for residents
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.378 (a)
PREA Audit Report – v6 Page 90 of 111 Southwest Regional Detention Center
▪ Following an administrative finding that a resident engaged in resident-on-resident sexual
abuse, or following a criminal finding of guilt for resident-on-resident sexual abuse, may
residents be subject to disciplinary sanctions only pursuant to a formal disciplinary process? ☒
Yes ☐ No
115.378 (b)
▪ Are disciplinary sanctions commensurate with the nature and circumstances of the abuse
committed, the resident’s disciplinary history, and the sanctions imposed for comparable
offenses by other residents with similar histories? ☒ Yes ☐ No
▪ In the event a disciplinary sanction results in the isolation of a resident, does the agency ensure
the resident is not denied daily large-muscle exercise? ☒ Yes ☐ No
▪ In the event a disciplinary sanction results in the isolation of a resident, does the agency ensure
the resident is not denied access to any legally required educational programming or special
education services? ☒ Yes ☐ No
▪ In the event a disciplinary sanction results in the isolation of a resident, does the agency ensure
the resident receives daily visits from a medical or mental health care clinician? ☒ Yes ☐ No
▪ In the event a disciplinary sanction results in the isolation of a resident, does the resident also
have access to other programs and work opportunities to the extent possible? ☒ Yes ☐ No
115.378 (c)
▪ When determining what types of sanction, if any, should be imposed, does the disciplinary
process consider whether a resident’s mental disabilities or mental illness contributed to his or
her behavior? ☒ Yes ☐ No
115.378 (d)
▪ If the facility offers therapy, counseling, or other interventions designed to address and correct
underlying reasons or motivations for the abuse, does the facility consider whether to offer the
offending resident participation in such interventions? ☒ Yes ☐ No
▪ If the agency requires participation in such interventions as a condition of access to any
rewards-based behavior management system or other behavior-based incentives, does it
always refrain from requiring such participation as a condition to accessing general
programming or education? ☒ Yes ☐ No
115.378 (e)
▪ Does the agency discipline a resident for sexual contact with staff only upon a finding that the
staff member did not consent to such contact? ☒ Yes ☐ No
115.378 (f)
PREA Audit Report – v6 Page 91 of 111 Southwest Regional Detention Center
▪ For the purpose of disciplinary action does a report of sexual abuse made in good faith based
upon a reasonable belief that the alleged conduct occurred NOT constitute falsely reporting an
incident or lying, even if an investigation does not establish evidence sufficient to substantiate
the allegation? ☒ Yes ☐ No
115.378 (g)
▪ If the agency prohibits all sexual activity between residents, does the agency always refrain
from considering non-coercive sexual activity between residents to be sexual abuse? (N/A if the
agency does not prohibit all sexual activity between residents.) ☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 – Disciplinary sanctions and interventions for Youth
FDJJ Policy 1919 PREA -Resident discipline sanctions and interventions
Multilingual PREA posters
Florida Administrative Rule Behavior Management
Behavior Management Memo 2013
SWRJDC FOP 3.02 Behavior Management System
PAQ
Statement of Fact
Several DJJ policies requires a resident who makes a report of resident-on-resident sexual
violence or employee sexual misconduct or sexual harassment that is determined to be false,
may be charged with sanctions pursuant to the behavior management program if it is
determined the report was made in bad faith following consultation with the FDJJ regional
director and PREA Coordinator. Residents shall not be charged for reports of sexual abuse
made in good faith, based upon a reasonable belief that the alleged conduct occurred. Such a
report shall not constitute falsely reporting PREA Audit. Sanctions to be commensurate with
PREA Audit Report – v6 Page 92 of 111 Southwest Regional Detention Center
the nature and circumstances of the abuse committed, the resident’s disciplinary history, and
the sanctions imposed for comparable offenses by other residents with similar histories. Policy
requires consideration whether a resident’s mental disabilities or mental illness contributed to
his or her behavior when determining what type of sanction, if any, should be imposed. The
facility will make a consideration whether to require the offending resident to participate in
interventions as a condition of access to programming or other benefits when services, such
as therapy, counseling or other interventions designed to address and correct underlying
reasons or motivations for abuse, are available. The Statement of Fact indicated during this
audit period this facility has not had any incidents that require intervention for residents having
sexual conduct.
A resident may be subject to disciplinary sanctions only pursuant to a formal disciplinary
process following an administrative finding that the resident engaged in resident-on-resident
sexual abuse or following a criminal finding of guilt for resident-on-resident sexual abuse. FDJJ
Policy 1919 PREA require an administrative process for dealing with violations of resident-on-
resident sexual abuse. The superintendent’s interview confirms the formal disciplinary process
however residents may also be referred to law enforcement for charges regarding resident-on-
resident sexual abuse. Sexual activity between residents is prohibited and court or
administrative processes and sanctions occur after determination the sexual activity was
coerced. Residents will be disciplined for sexual contact with staff only when it has been
determined the staff member did not consent to the sexual contact.
FDJJ Policy 1919 PREA provides anyone reporting in good faith will not receive any
repercussions. The policies and interview with the mental health staff confirms counseling or
other interventions will be offered to address and correct the underlying reasons or motivations
for abuse when the resident remains in or returns to the facility after a sexual abuse incident.
The interview also revealed any type interventions or treatment services provided are not as a
condition for the resident to access participation in the behavior management system,
education services, or other programs. The Policy addresses an administrative process for
dealing with rule violations and references the policy that deals with discipline. Sanctions are
directly related to the seriousness of the negative behavior. The interview with the
Superintendent revealed the process regarding allegations of resident-on-resident abuse
which can include the resident being removed from the facility and placed in the detention
center during the investigation by law enforcement.
Any disciplinary sanctions shall be commensurate with the nature and circumstances of the
abuse committed, the resident’s disciplinary history, and the sanctions imposed for comparable
offenses by other residents with similar histories. In the event a disciplinary sanction results in
the isolation of a resident, agencies shall not deny the resident daily large muscle exercise or
access to any legally required educational programming or special education services.
Residents shall also have access to other programs and work opportunities to the extent
possible. SWRJDC Policy provides that disciplinary sanctions are commensurate with the
nature and circumstances of the abuse committed, the resident’s disciplinary history, and the
sanctions imposed for comparable offenses by other residents with similar histories.
PREA Audit Report – v6 Page 93 of 111 Southwest Regional Detention Center
In the extreme event a disciplinary sanction results in the isolation of a resident, SWRJDC
shall not deny the resident daily large-muscle exercise or access to any legally required
educational programming or special education services. Policy further provides for daily visits
by mental health and medical personnel. Residents shall also have access to other programs
and work opportunities to the extent possible and receive daily visits from medical and mental
health staff, in accordance with FOP.
The disciplinary process shall consider whether a resident’s mental disabilities or mental
illness contributed to his or her behavior when determining what type of sanction, if any, should
be imposed. The DJJ policy provides that the disciplinary process considers whether a
resident’s mental disabilities or mental illness contributed to his or her behavior when
determining what type of sanction, if any, should be imposed. This was confirmed by the
interview with the Facility Superintendent.
According to the PAQ, there were no disciplinary or other sanctions for residents regarding
PREA standards.
Based on the review of the agency policy and procedures, observations, and interviews with
the Facility Superintendent the facility is in compliance with this standard.
MEDICAL AND MENTAL CARE
Standard 115.381: Medical and mental health screenings; history of sexual
abuse
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.381 (a)
▪ If the screening pursuant to § 115.341 indicates that a resident has experienced prior sexual
victimization, whether it occurred in an institutional setting or in the community, do staff ensure
that the resident is offered a follow-up meeting with a medical or mental health practitioner
within 14 days of the intake screening? ☒ Yes ☐ No
115.381 (b)
▪ If the screening pursuant to § 115.341 indicates that a resident has previously perpetrated
sexual abuse, whether it occurred in an institutional setting or in the community, do staff ensure
that the resident is offered a follow-up meeting with a mental health practitioner within 14 days
of the intake screening? ☒ Yes ☐ No
115.381 (c)
▪ Is any information related to sexual victimization or abusiveness that occurred in an institutional
setting strictly limited to medical and mental health practitioners and other staff as necessary to
PREA Audit Report – v6 Page 94 of 111 Southwest Regional Detention Center
inform treatment plans and security management decisions, including housing, bed, work,
education, and program assignments, or as otherwise required by Federal, State, or local law?
☒ Yes ☐ No
115.381 (d)
▪ Do medical and mental health practitioners obtain informed consent from residents before
reporting information about prior sexual victimization that did not occur in an institutional setting
unless the resident is under the age of 18? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 – MH and Medical Screening
Crisis Assessment
SW Table Facility Audit Questions
Statement of Fact
Florida Admin Rule relevant alerts
Florida Admin rule relevant alerts 2
FDJJ 1919 relevant 115.381
Critical Alerts Curriculum
If any of the intake screening forms indicates a resident has experienced prior sexual
victimization, whether it occurred in an institutional setting or in the community, the facility
intake officer shall document the information on the Follow up Notification Form.
Any information related to sexual victimization or abuse that occurred in an institutional setting
shall be strictly limited to medical and mental health practitioners and other staff, as necessary,
to develop treatment plans and security and management decisions, including housing,
PREA Audit Report – v6 Page 95 of 111 Southwest Regional Detention Center
bedding, education, and bedding, education, and program assignments, or as otherwise
required by Federal, State, or Local law.
Medical and mental health staff is required to notify residents at the initiation of services their
duty to report, limitations of confidentiality, and must obtain informed consent from youth who
are 18 years old or older before reporting information about the resident’s prior sexual
victimization that did not occur in an institutional setting. Residents who report prior sexual
victimization or disclose prior incidents of perpetrating sexual abuse, either in an institution or
in the community, are required to be offered a follow-up with a medical or mental health
practitioner within 14 days of admission/screening.
The medical and mental health staff interviews confirmed although there were one disclosures
of sexual victimization during the last 12 months, however, all residents are offered follow-up
meetings with medical and mental health providers. Medical staff provides residents with
health education (including sexual abuse/assault) during the initial intake process and
throughout their stay at the facility.
The facility has had one (1) victims of sexual abuse requiring referred medical or mental health
treatment during the last 12 months. The resident was interviewed an indicated she had been
referred to the mental health staff however, declined because she had been to counseling and
doesn’t expect to be here over a day or two. Mental health staff interviewed and stated that the
incident had been reported prior to the resident arriving at the facility. The resident had
received counseling following the incident and chose not to discuss the incident with staff. The
facility had documentation that the incident was investigated by law enforcement prior to the
resident encountering the Department of Juvenile Justice.
The Mental Health staff indicated due to the low number of residents he sees residents on a
daily or weekly basis. He indicated that he sees the victim weekly for general counseling.
Compliance was determined by review of policy , intake screening documentations and
interviews with mental health and medical staff, and facility superintendent.
Standard 115.382: Access to emergency medical and mental health
services
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.382 (a)
▪ Do resident victims of sexual abuse receive timely, unimpeded access to emergency medical
treatment and crisis intervention services, the nature and scope of which are determined by
medical and mental health practitioners according to their professional judgment? ☒ Yes ☐ No
115.382 (b)
PREA Audit Report – v6 Page 96 of 111 Southwest Regional Detention Center
▪ If no qualified medical or mental health practitioners are on duty at the time a report of recent
sexual abuse is made, do staff first responders take preliminary steps to protect the victim
pursuant to § 115.362? ☒ Yes ☐ No
▪ Do staff first responders immediately notify the appropriate medical and mental health
practitioners? ☒ Yes ☐ No
115.382 (c)
▪ Are resident victims of sexual abuse offered timely information about and timely access to
emergency contraception and sexually transmitted infections prophylaxis, in accordance with
professionally accepted standards of care, where medically appropriate? ☒ Yes ☐ No
115.382 (d)
▪ Are treatment services provided to the victim without financial cost and regardless of whether
the victim names the abuser or cooperates with any investigation arising out of the incident?
☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
Resident medical treatment forms
FDJJ Policy 1919 PREA – Access to Emergency Medical and Mental Health Services
Facility Operating Procedures (FOP) 3.09 PREA
Advocacy brochure
Mental Substance Abuse Sample
FDJJ Policy 1919 – Access to Emergency Medical and MH requires resident victims of sexual
abuse are offered timely information about and timely access to emergency contraception and
sexually transmitted disease prophylaxis, in accordance with professionally accepted
PREA Audit Report – v6 Page 97 of 111 Southwest Regional Detention Center
standards of care, where medically appropriate and unimpeded access to emergency medical
treatment and crisis intervention services. The medical staff have a protocol in place to assist
in expediting a resident to the emergency room with specific documentation for the direct care
staff. The facility utilizes Local Hospital for emergency medical treatment and the Kimberly
center for Child Protection for advocacy services in cases of sexual abuse.
Staff at the SART program at Lee County Medical Center indicated that victims of sexual
abuse receives treatment for any medical problems or provided access to emergency
contraception and sexual transmitted diseases prophylaxis. The medical staff at the facility
indicate that when a resident returns from a SANE evaluation they would continue to provide
care as approved by their clinical director (Physician). Staff at ACT indicated they would
continue to provide emotional support and if the resident left the facility, they would provide the
support in Fort Myers and refer the residents to the emotional support team within the State of
Florida victim advocacy programs. The State of Florida has a designated rape crisis and victim
advocacy services network throughout the State.
The evaluation and treatment shall include, as appropriate, follow-up services, treatment plans,
and when necessary, referrals for continued care following their transfer to, or placement in,
other facilities, or their release from custody. Medical and mental health services shall be
provided to the victims consistent with the community level of care. Resident victims of
sexually abusive vaginal penetration while incarcerated shall be offered pregnancy tests. If
pregnancy results from the abuse, the victim shall receive timely and comprehensive
information about and timely access to all lawful pregnancy-related medical services. Resident
victims of sexual abuse shall be offered tests for sexually transmitted infections as medically
appropriate. Treatment services shall be provided to the victim without financial cost and
regardless of the victim names the abuser or cooperates with any investigation of the incident.
The center shall attempt to conduct a mental health evaluation of all known resident-on
resident abusers within 60 days of learning of such abuse history and offer treatment when
deemed appropriate by mental health practitioners. The center mental health practitioners will
determine the length of treatment needed.
Compliance was determined by review of policy and interview with mental health, and medical
staff.
Standard 115.383: Ongoing medical and mental health care for sexual
abuse victims and abusers
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.383 (a)
▪ Does the facility offer medical and mental health evaluation and, as appropriate, treatment to all
residents who have been victimized by sexual abuse in any prison, jail, lockup, or juvenile
facility? ☒ Yes ☐ No
115.383 (b)
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▪ Does the evaluation and treatment of such victims include, as appropriate, follow-up services,
treatment plans, and, when necessary, referrals for continued care following their transfer to, or
placement in, other facilities, or their release from custody? ☒ Yes ☐ No
115.383 (c)
▪ Does the facility provide such victims with medical and mental health services consistent with
the community level of care? ☒ Yes ☐ No
115.383 (d)
▪ Are resident victims of sexually abusive vaginal penetration while incarcerated offered
pregnancy tests? (N/A if “all-male” facility. Note: in “all-male” facilities, there may be residents
who identify as transgender men who may have female genitalia. Auditors should be sure to
know whether such individuals may be in the population and whether this provision may apply in
specific circumstances.) ☒ Yes ☐ No ☐ NA
115.383 (e)
▪ If pregnancy results from the conduct described in paragraph § 115.383(d), do such victims
receive timely and comprehensive information about and timely access to all lawful pregnancy-
related medical services? (N/A if “all-male” facility. Note: in “all-male” facilities, there may be
residents who identify as transgender men who may have female genitalia. Auditors should be
sure to know whether such individuals may be in the population and whether this provision may
apply in specific circumstances.) ☒ Yes ☐ No ☐ NA
115.383 (f)
▪ Are resident victims of sexual abuse while incarcerated offered tests for sexually transmitted
infections as medically appropriate? ☒ Yes ☐ No
115.383 (g)
▪ Are treatment services provided to the victim without financial cost and regardless of whether
the victim names the abuser or cooperates with any investigation arising out of the incident? ☒
Yes ☐ No
115.383 (h)
▪ Does the facility attempt to conduct a mental health evaluation of all known resident-on-resident
abusers within 60 days of learning of such abuse history and offer treatment when deemed
appropriate by mental health practitioners? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☒
Exceeds Standard (Substantially exceeds requirement of standards)
PREA Audit Report – v6 Page 99 of 111 Southwest Regional Detention Center
☐ Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
Statement of Fact
FDJJ Policy 1919 PREA – Access to Emergency Medical and MH
Facility Operating Procedures 3.09 PREA
Advocacy brochure
Statement of Fact
Florida Department of Juvenile Justice requires ongoing medical and mental health care for
sexual abuse victims and abusers. Additionally, Policy requires the facility to offer medical and
mental health evaluations and appropriate follow-up treatment. Victims of sexual abuse will be
transported to Local Hospital where they will receive treatment and where physical evidence
can be gathered by a certified SAFE medical examiner.
The evaluation and treatment shall include, as appropriate, follow-up services, treatment plans,
and when necessary, referrals for continued care following their transfer to, or placement in,
other facilities, or their release from custody. Medical and mental health services shall be
provided to the victims consistent with the community level of care. Resident victims of
sexually abusive vaginal penetration while incarcerated shall be offered pregnancy tests. If
pregnancy results from the abuse, the victim shall receive timely and comprehensive
information about and timely access to all lawful pregnancy-related medical services. Resident
victims of sexual abuse shall be offered tests for sexually transmitted infections as medically
appropriate. Treatment services shall be provided to the victim without financial cost and
regardless of if the victim names the abuser or cooperates with any investigation of the
incident. The agency will conduct a mental health evaluation of all known resident-on resident
abusers within 60 days of learning of such abuse history and offer treatment when deemed
appropriate by mental health Clinician. This would include working with the Victim’s center
advocacy program and revisiting the resident’s treatment plan. The resident treatment plan is
formulated by a team of care givers and is finalized by a review and in many cases an
interview with an agency clinical director.
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If the perpetrator were a resident, he/she would also be referred to the case manager and
clinical director to review the resident’s treatment plan and update appropriate mental health
interventions.
The center shall offer medical and mental health evaluation and, as appropriate, treatment to
all residents who have been victimized or have been a perpetrator of sexual abuse in a
juvenile center (substantiated investigations). The evaluation and treatment shall include, as
appropriate, follow-up services, treatment plans, and when necessary, referrals for continued
care following their transfer to, or placement in, other facilities, or their release from custody.
Medical and mental health services shall be provided to the victims consistent with the
community level of care. Staff at ACT indicated they would continue to provide emotional
support and if the resident left the facility, they would provide the support in Fort Myers and
refer the residents to the emotional support team within the State of Florida victim advocacy
programs. The State of Florida has a designated rape crisis and victim advocacy services
network throughout the State.
There have been no investigations of alleged resident’s sexual assault or sexual behavior that
would require emergency medical care or ongoing treatment that occurred in this facility in the
past 12 months.
Compliance was determined by review of the first responder program, coordinated response
plan and center Policy. A review of a coordinated treatment plan following a finding of sexual
abuse included all components of this standard. Compliance was also determined by interview
with victim advocacy program, Sexual Assault Nurse Examiner (SANE) staff and review of the
agency protocols.
DATA COLLECTION AND REVIEW
Standard 115.386: Sexual abuse incident reviews
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.386 (a)
▪ Does the facility conduct a sexual abuse incident review at the conclusion of every sexual abuse
investigation, including where the allegation has not been substantiated, unless the allegation
has been determined to be unfounded? ☒ Yes ☐ No
115.386 (b)
▪ Does such review ordinarily occur within 30 days of the conclusion of the investigation?
☒ Yes ☐ No
115.386 (c)
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▪ Does the review team include upper-level management officials, with input from line
supervisors, investigators, and medical or mental health practitioners? ☒ Yes ☐ No
115.386 (d)
▪ Does the review team: Consider whether the allegation or investigation indicates a need to
change Policy or practice to better prevent, detect, or respond to sexual abuse? ☒ Yes ☐ No
▪ Does the review team: Consider whether the incident or allegation was motivated by race;
ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or
perceived status; gang affiliation; or other group dynamics at the facility? ☒ Yes ☐ No
▪ Does the review team: Examine the area in the facility where the incident allegedly occurred to
assess whether physical barriers in the area may enable abuse? ☒ Yes ☐ No
▪ Does the review team: Assess the adequacy of staffing levels in that area during different
shifts? ☒ Yes ☐ No
▪ Does the review team: Assess whether monitoring technology should be deployed or
augmented to supplement supervision by staff? ☒ Yes ☐ No
▪ Does the review team: Prepare a report of its findings, including but not necessarily limited to
determinations made pursuant to §§ 115.386(d)(1) - (d)(5), and any recommendations for
improvement and submit such report to the facility head and PREA compliance manager?
☒ Yes ☐ No
115.386 (e)
▪ Does the facility implement the recommendations for improvement, or document its reasons for
not doing so? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
PREA Audit Report – v6 Page 102 of 111 Southwest Regional Detention
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not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 – Incident Reviews
Florida Department of Juvenile Justice Memorandum
Incident Review
Florida Department of Juvenile Justice Memorandum requires that all PREA related incidents
that are closed without a finding of ‘unfounded’ require an incident review be conducted by the
Agency.
The purpose of these reviews is to determine if policies or procedures should be changed, the
motivation behind the assault such as gang or race related, were there physical barriers where
the incident occurred that prevented detection, did the facility have adequate staffing levels at
the time and an assessment of the monitoring technology in use.
The following protocol will be utilized when completing these reviews:
For detention programs and residential facilities this review will be chaired by the Statewide
PREA coordinator or an upper level manager from the Regional Program Office. Other
members of this review team shall include but are not limited to the
1. A DJJ regional representative from the respective program office such as Residential or
Detention Services.
2. Facility Superintendent or Detention Superintendent
3. The PREA Facility Compliance Manager
4. PREA Coordinator
5. A member of the Mental Health or Medical team at the facility
6. Selected supervisors at the facility such as Assistant Facility
Superintendent/Superintendents and line Supervisors
The Chair will complete the attached ‘PREA incident Review’ and prepare a report for the DJJ
Regional Director for the respective program area. There has been only one allegation of
sexual abuse at this facility in the last 12 months and it was unfounded. Compliance was
determined by a blank Incident Review form and interviews with IRT members.
Standard 115.387: Data collection
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.387 (a)
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▪ Does the agency collect accurate, uniform data for every allegation of sexual abuse at facilities
under its direct control using a standardized instrument and set of definitions? ☒ Yes ☐ No
115.387 (b)
▪ Does the agency aggregate the incident-based sexual abuse data at least annually?
☒ Yes ☐ No
115.387 (c)
▪ Does the incident-based data include, at a minimum, the data necessary to answer all questions
from the most recent version of the Survey of Sexual Violence conducted by the Department of
Justice? ☒ Yes ☐ No
115.387 (d)
▪ Does the agency maintain, review, and collect data as needed from all available incident-based
documents, including reports, investigation files, and sexual abuse incident reviews?
☒ Yes ☐ No
115.387 (e)
▪ Does the agency also obtain incident-based and aggregated data from every private facility with
which it contracts for the confinement of its residents? (N/A if agency does not contract for the
confinement of its residents.) ☒ Yes ☐ No ☐ NA
115.387 (f)
▪ Does the agency, upon request, provide all such data from the previous calendar year to the
Department of Justice no later than June 30? (N/A if DOJ has not requested agency data.)
☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
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The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 – Data Collection
FOP 3.09 PREA – Data Collection
FDJJ 2020 - Incident Operations Center
PREA FY 2017-18 Annual Report Final
PREA FY 2018-19 Annual Report
PREA FY 2019-20 Annual Report
FDJJ Policy 1919 and a review of reports confirm that FDJJ collects incident-based, uniform
data regarding allegations of sexual abuse at facilities under its direct control, including
contractors, using a standardized instrument and specific guidelines. The format used for FDJJ
facilities and contractors capture the information required to complete the most recent version
of the Survey of Sexual Violence conducted by the U. S. Department of Justice (DOJ).
Florida DJJ maintains and collects various types of identified data and related documents
regarding sexual abuse incidents. The facility collects and maintains data in accordance with
directives by FDJJ and FDJJ aggregates the sexual abuse data which culminates into an
annual report. The agency provides DOJ with data as requested.
Compliance was determined by reviewing data collections for preceding three years and
review of FDJJ website.
Standard 115.388: Data review for corrective action
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.388 (a)
▪ Does the agency review data collected and aggregated pursuant to § 115.387 in order to
assess and improve the effectiveness of its sexual abuse prevention, detection, and response
policies, practices, and training, including by: Identifying problem areas? ☒ Yes ☐ No
▪ Does the agency review data collected and aggregated pursuant to § 115.387 in order to
assess and improve the effectiveness of its sexual abuse prevention, detection, and response
policies, practices, and training, including by: Taking corrective action on an ongoing basis?
☒ Yes ☐ No
▪ Does the agency review data collected and aggregated pursuant to § 115.387 in order to
assess and improve the effectiveness of its sexual abuse prevention, detection, and response
policies, practices, and training, including by: Preparing an annual report of its findings and
corrective actions for each facility, as well as the agency as a whole? ☒ Yes ☐ No
115.388 (b)
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▪ Does the agency’s annual report include a comparison of the current year’s data and corrective
actions with those from prior years and provide an assessment of the agency’s progress in
addressing sexual abuse ☒ Yes ☐ No
115.388 (c)
▪ Is the agency’s annual report approved by the agency head and made readily available to the
public through its website or, if it does not have one, through other means? ☒ Yes ☐ No
115.388 (d)
▪ Does the agency indicate the nature of the material redacted where it redacts specific material
from the reports when publication would present a clear and specific threat to the safety and
security of a facility? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ Policy 1919 – Data Collection
FOP 3.09 PREA – Data Collection
PREA FY 2017-18 Annual Report
PREA FY 2018-19 Annual Report
PREA FY 2019-20 Annual Report
FDJJ Policy 1919 Policy Data Collection requires the review of data for corrective action to
improve the effectiveness of its prevention, protection and response policies, practices, and
training. A review of the 2019-2020 annual Report indicated compliance with the standard and
included all the required elements. The DJJ 2019-2020 Annual Report is posted and readily
available on the Florida DJJ Website for public review. During the 2020 there were three
substantiated cases of sexual abuse or sexual harassment. One was resident on resident
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sexual abuse, on was resident on resident sexual harassment and one was staff misconduct.
This was a decrease from 21 the previous year.
This data is used to improve the department as a whole and prevent sexual abuse. Problem
areas will be reviewed and corrected as needed or at least once a year. The data collected will
be compared to last year’s data to find out if we have made progress in detecting sexual abuse
and responded according to our policies. Any material that is redacted from the final report will
be reported to the Agency PREA coordinator. By policy, the agency redacts specific material from
the reports when publication would present a clear and specific threat to the safety and security of a
facility.
Compliance was determined by interview with agency PREA Coordinator, Agency Head
Designee, and review for Agency Website. Three were no substantiated allegations of sexual
abuse or sexual harassment in the last 12 months.
Standard 115.389: Data storage, publication, and destruction
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.389 (a)
▪ Does the agency ensure that data collected pursuant to § 115.387 are securely retained?
☒ Yes ☐ No
115.389 (b)
▪ Does the agency make all aggregated sexual abuse data, from facilities under its direct control
and private facilities with which it contracts, readily available to the public at least annually
through its website or, if it does not have one, through other means? ☒ Yes ☐ No
115.389 (c)
▪ Does the agency remove all personal identifiers before making aggregated sexual abuse data
publicly available? ☒ Yes ☐ No
115.389 (d)
▪ Does the agency maintain sexual abuse data collected pursuant to § 115.387 for at least 10
years after the date of the initial collection, unless Federal, State, or local law requires
otherwise? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
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☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The following polices, directives, memorandum and agency or facility supplements were
reviewed for compliance with this standard.
FDJJ1316 - Data storage procedure
FDJJ1316 Policy - Data storage
FOP 3.09 PREA – Data Collection
Records Retention Schedule
DJJ 909 Data Collection and Review requires that data be collected and securely retained for
10 years. The aggregated sexual abuse data was reviewed, and all personal identifiers are
removed. The website included State and privately operated facilities. The website includes all
PREA audits for preceding three (3) years are more. Compliance was determined by review of
the website and interview with the agency PREA coordinator.
AUDITING AND CORRECTIVE ACTION
Standard 115.401: Frequency and scope of audits
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.401 (a)
▪ During the prior three-year audit period, did the agency ensure that each facility operated by the
agency, or by a private organization on behalf of the agency, was audited at least once? (Note:
The response here is purely informational. A "no" response does not impact overall compliance
with this standard.) ☒ Yes ☐ No
115.401 (b)
▪ Is this the first year of the current audit cycle? (Note: a “no” response does not impact overall
compliance with this standard.) ☐ Yes ☒ No
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▪ If this is the second year of the current audit cycle, did the agency ensure that at least one-third
of each facility type operated by the agency, or by a private organization on behalf of the
agency, was audited during the first year of the current audit cycle? (N/A if this is not the
second year of the current audit cycle.) ☐Yes ☐ No ☒ NA
▪ If this is the third year of the current audit cycle, did the agency ensure that at least two-thirds of
each facility type operated by the agency, or by a private organization on behalf of the agency,
were audited during the first two years of the current audit cycle? (N/A if this is not the third year
of the current audit cycle.) ☒ Yes ☐ No ☐ NA
115.401 (h)
▪ Did the auditor have access to, and the ability to observe, all areas of the audited facility?
☒ Yes ☐ No
115.401 (i)
▪ Was the auditor permitted to request and receive copies of any relevant documents (including
electronically stored information)? ☒ Yes ☐ No
115.401 (m)
▪ Was the auditor permitted to conduct private interviews with residents? ☒ Yes ☐ No
115.401 (n)
▪ Were residents permitted to send confidential information or correspondence to the auditor in
the same manner as if they were communicating with legal counsel? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
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This facility was previously audited in February 2016 and January 2029. The Auditor confirmed
the audit report was posted on the agency’s website as is the practice with FDJJ. This report
does not contain any personal identifying information and there were no conflicts of interest
regarding the completion of the audit. The facility and agency policies were reviewed regarding
compliance with the standards and have been identified in the report. The audit findings were
based on a review of policies and procedures and supporting documentation; interviews with
staff and residents; and observations.
Standard 115.403: Audit contents and findings
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.403 (f)
▪ The agency has published on its agency website, if it has one, or has otherwise made publicly
available, all Final Audit Reports. The review period is for prior audits completed during the past
three years PRECEDING THIS AGENCY AUDIT. The pendency of any agency appeals
pursuant to 28 C.F.R. § 115.405 does not excuse noncompliance with this provision. (N/A if
there have been no Final Audit Reports issued in the past three years, or in the case of single
facility agencies that there has never been a Final Audit Report issued.) ☒ Yes ☐ No ☐
NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
The website included State and privately operated facilities. The website www.
djj.state.fl.us/partners/prison-rape-elimination-act-(prea) includes all PREA audits for preceding
three (3) years are more. Compliance was determined by review of the website and interview
with the agency PREA coordinator.
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AUDITOR CERTIFICATION
I certify that:
☒ The contents of this report are accurate to the best of my knowledge.
☒ No conflict of interest exists with respect to my ability to conduct an audit of the
agency under review, and
☒ I have not included in the final report any personally identifiable information (PII)
about any resident or staff member, except where the names of administrative
personnel are specifically requested in the report template.
Auditor Instructions:
Type your full name in the text box below for Auditor Signature. This will function as your official
electronic signature. Auditors must deliver their final report to the PREA Resource Center as a
searchable PDF format to ensure accessibility to people with disabilities. Save this report document into
a PDF format prior to submission.1 Auditors are not permitted to submit audit reports that have been
scanned.2 See the PREA Auditor Handbook for a full discussion of audit report formatting
requirements.
Robert Manville January 19, 2022
Auditor Signature Date
1 See additional instructions here: https://support.office.com/en-us/article/Save-or-convert-to-PDF-d85416c5-7d77-4fd6-
a216-6f4bf7c7c110 .
2 See PREA Auditor Handbook, Version 1.0, August 2017; Pages 68-69.
PREA Audit Report – v6 Page 111 of 111 Southwest Regional Detention
Center

pdf_url: https://www.djj.state.fl.us/content/download/68347/file/Florida_Southwest Regional Juvenile Detention Center_Year3Cycle3.pdf?version=1

cycle: Year 3 Cycle 3