facility_name: Leon Regional Juvenile Detention Center

summary: PREA - Year 2 Cycle 4

raw_content:
PREA Facility Audit Report: Final
Name of Facility: Leon Regional Juvenile Detention Center
Facility Type: Juvenile
Date Interim Report Submitted: NA
Date Final Report Submitted: 02/29/2024
Auditor Certification
The contents of this report are accurate to the best of my knowledge.
No conflict of interest exists with respect to my ability to conduct an audit of the
agency under review.
I have not included in the final report any personally identifiable information (PII)
about any inmate/resident/detainee or staff member, except where the names of
administrative personnel are specifically requested in the report template.
Auditor Full Name as Signed: Shirley Turner Date of
Signature:
02/29/
2024
AUDITOR INFORMATION
Auditor name: Turner, Shirley
Email: shirleyturner3199@comcast.net
Start Date of On- 01/22/2024
Site Audit:
End Date of On-Site 01/23/2024
Audit:
FACILITY INFORMATION
Facility name: Leon Regional Juvenile Detention Center
Facility physical 2303 Ronellis Drive, Tallahassee, Florida - 32310
address:
Facility mailing
address:
Primary Contact
Name: Mamine Saintil
Email Address: mamine.saintil@djj.state.fl.us
Telephone Number: 850-363-9826
Superintendent/Director/Administrator
Name: Mamine Saintil
Email Address: mamine.saintil@fldjj.gov
Telephone Number: 8503639826
Facility PREA Compliance Manager
Name: Charles Cooper
Email Address: charles.cooper@fldjj.gov
Telephone Number: O: 850-488-7672
Name: Demetrius Pigford
Email Address: demetrius.pigford@fldjj.gov
Telephone Number: O: 850-488-7672
Name: Mamine Saintil
Email Address: mamine.saintil@djj.state.fl.us
Telephone Number: O: 850-363-9826
Facility Characteristics
Designed facility capacity: 40
Current population of facility: 37
Average daily population for the past 12 30
months:
Has the facility been over capacity at any No
point in the past 12 months?
Which population(s) does the facility hold? Both females and males
Age range of population: 15
Facility security levels/resident custody High
levels:
Number of staff currently employed at the 60
facility who may have contact with
residents:
Number of individual contractors who have 10
contact with residents, currently
authorized to enter the facility:
Number of volunteers who have contact 3
with residents, currently authorized to
enter the facility:
AGENCY INFORMATION
Name of agency: Florida Department of Juvenile Justice
Governing authority
or parent agency (if
applicable):
Physical Address: 2737 Centerview Drive, Tallahassee, Florida - 32399
Mailing Address:
Telephone number: 8504881850
Agency Chief Executive Officer Information:
Name: Eric S. Hall
Email Address: Eric.Hall@fldjj.gov
Telephone Number: 8504881850
Agency-Wide PREA Coordinator Information
Name: Jeff Wenhold Email Address: jeff.wenhold@fldjj.gov
Facility AUDIT FINDINGS
Summary of Audit Findings
The OAS automatically populates the number and list of Standards exceeded, the number of
Standards met, and the number and list of Standards not met.
Auditor Note: In general, no standards should be found to be "Not Applicable" or "NA." A
compliance determination must be made for each standard. In rare instances where an auditor
determines that a standard is not applicable, the auditor should select "Meets Standard” and
include a comprehensive discussion as to why the standard is not applicable to the facility being
audited.
Number of standards exceeded:
0
Number of standards met:
43
Number of standards not met:
0
POST-AUDIT REPORTING INFORMATION
GENERAL AUDIT INFORMATION
On-site Audit Dates
1. Start date of the onsite portion of the 2024-01-22
audit:
2. End date of the onsite portion of the 2024-01-23
audit:
Outreach
10. Did you attempt to communicate Yes
with community-based organization(s)
or victim advocates who provide
No
services to this facility and/or who may
have insight into relevant conditions in
the facility?
a. Identify the community-based Refuge House Incorporated - Tallahassee, FL
organization(s) or victim advocates with
whom you communicated:
AUDITED FACILITY INFORMATION
14. Designated facility capacity: 40
15. Average daily population for the past 30
12 months:
16. Number of inmate/resident/detainee 3
housing units:
17. Does the facility ever hold youthful Yes
inmates or youthful/juvenile detainees?
No
Not Applicable for the facility type audited
(i.e., Community Confinement Facility or
Juvenile Facility)
Audited Facility Population Characteristics on Day One of the Onsite
Portion of the Audit
Inmates/Residents/Detainees Population Characteristics on Day One of the Onsite Portion
of the Audit
36. Enter the total number of inmates/ 41
residents/detainees in the facility as of
the first day of onsite portion of the
audit:
38. Enter the total number of inmates/ 0
residents/detainees with a physical
disability in the facility as of the first
day of the onsite portion of the audit:
39. Enter the total number of inmates/ 1
residents/detainees with a cognitive or
functional disability (including
intellectual disability, psychiatric
disability, or speech disability) in the
facility as of the first day of the onsite
portion of the audit:
40. Enter the total number of inmates/ 0
residents/detainees who are Blind or
have low vision (visually impaired) in the
facility as of the first day of the onsite
portion of the audit:
41. Enter the total number of inmates/ 0
residents/detainees who are Deaf or
hard-of-hearing in the facility as of the
first day of the onsite portion of the
audit:
42. Enter the total number of inmates/ 0
residents/detainees who are Limited
English Proficient (LEP) in the facility as
of the first day of the onsite portion of
the audit:
43. Enter the total number of inmates/ 0
residents/detainees who identify as
lesbian, gay, or bisexual in the facility as
of the first day of the onsite portion of
the audit:
44. Enter the total number of inmates/ 0
residents/detainees who identify as
transgender or intersex in the facility as
of the first day of the onsite portion of
the audit:
45. Enter the total number of inmates/ 0
residents/detainees who reported sexual
abuse in the facility as of the first day of
the onsite portion of the audit:
46. Enter the total number of inmates/ 1
residents/detainees who disclosed prior
sexual victimization during risk
screening in the facility as of the first
day of the onsite portion of the audit:
47. Enter the total number of inmates/ 0
residents/detainees who were ever
placed in segregated housing/isolation
for risk of sexual victimization in the
facility as of the first day of the onsite
portion of the audit:
48. Provide any additional comments No text provided.
regarding the population characteristics
of inmates/residents/detainees in the
facility as of the first day of the onsite
portion of the audit (e.g., groups not
tracked, issues with identifying certain
populations):
Staff, Volunteers, and Contractors Population Characteristics on Day One of the Onsite
Portion of the Audit
49. Enter the total number of STAFF, 60
including both full- and part-time staff,
employed by the facility as of the first
day of the onsite portion of the audit:
50. Enter the total number of 3
VOLUNTEERS assigned to the facility as
of the first day of the onsite portion of
the audit who have contact with
inmates/residents/detainees:
51. Enter the total number of 10
CONTRACTORS assigned to the facility as
of the first day of the onsite portion of
the audit who have contact with
inmates/residents/detainees:
52. Provide any additional comments No text provided.
regarding the population characteristics
of staff, volunteers, and contractors who
were in the facility as of the first day of
the onsite portion of the audit:
INTERVIEWS
Inmate/Resident/Detainee Interviews
Random Inmate/Resident/Detainee Interviews
53. Enter the total number of RANDOM 10
INMATES/RESIDENTS/DETAINEES who
were interviewed:
54. Select which characteristics you Age
considered when you selected RANDOM
INMATE/RESIDENT/DETAINEE Race
interviewees: (select all that apply)
Ethnicity (e.g., Hispanic, Non-Hispanic)
Length of time in the facility
Housing assignment
Gender
Other
None
55. How did you ensure your sample of Conferred with staff, reviewed daily
RANDOM INMATE/RESIDENT/DETAINEE population sheet, reviewed resident files, and
interviewees was geographically observed population.
diverse?
56. Were you able to conduct the Yes
minimum number of random inmate/
resident/detainee interviews?
No
57. Provide any additional comments No text provided.
regarding selecting or interviewing
random inmates/residents/detainees
(e.g., any populations you oversampled,
barriers to completing interviews,
barriers to ensuring representation):
Targeted Inmate/Resident/Detainee Interviews
58. Enter the total number of TARGETED 2
INMATES/RESIDENTS/DETAINEES who
were interviewed:
As stated in the PREA Auditor Handbook, the breakdown of targeted interviews is intended to
guide auditors in interviewing the appropriate cross-section of inmates/residents/detainees who
are the most vulnerable to sexual abuse and sexual harassment. When completing questions
regarding targeted inmate/resident/detainee interviews below, remember that an interview with
one inmate/resident/detainee may satisfy multiple targeted interview requirements. These
questions are asking about the number of interviews conducted using the targeted inmate/
resident/detainee protocols. For example, if an auditor interviews an inmate who has a physical
disability, is being held in segregated housing due to risk of sexual victimization, and disclosed
prior sexual victimization, that interview would be included in the totals for each of those
questions. Therefore, in most cases, the sum of all the following responses to the targeted
inmate/resident/detainee interview categories will exceed the total number of targeted inmates/
residents/detainees who were interviewed. If a particular targeted population is not applicable in
the audited facility, enter "0".
60. Enter the total number of interviews 0
conducted with inmates/residents/
detainees with a physical disability using
the "Disabled and Limited English
Proficient Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff; reviewed sample of risk
to determine if this population exists in screening instruments, and observed
the audited facility (e.g., based on population.
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
61. Enter the total number of interviews 1
conducted with inmates/residents/
detainees with a cognitive or functional
disability (including intellectual
disability, psychiatric disability, or
speech disability) using the "Disabled
and Limited English Proficient Inmates"
protocol:
62. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are Blind or have low
vision (i.e., visually impaired) using the
"Disabled and Limited English Proficient
Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff; reviewed sample of risk
to determine if this population exists in screening instruments, and observed
the audited facility (e.g., based on population.
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
63. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are Deaf or hard-of-
hearing using the "Disabled and Limited
English Proficient Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff; reviewed sample of risk
to determine if this population exists in screening instruments, and observed
the audited facility (e.g., based on population.
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
64. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are Limited English
Proficient (LEP) using the "Disabled and
Limited English Proficient Inmates"
protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff; reviewed sample of risk
to determine if this population exists in screening instruments, and observed
the audited facility (e.g., based on population.
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
65. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who identify as lesbian, gay,
or bisexual using the "Transgender and
Intersex Inmates; Gay, Lesbian, and
Bisexual Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff and reviewed sample of
to determine if this population exists in risk screening instruments.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
66. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who identify as transgender
or intersex using the "Transgender and
Intersex Inmates; Gay, Lesbian, and
Bisexual Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff and reviewed sample of
to determine if this population exists in risk screening instruments.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
67. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who reported sexual abuse in
this facility using the "Inmates who
Reported a Sexual Abuse" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff; reviewed sample of risk
to determine if this population exists in screening instruments, reviewed investigative
the audited facility (e.g., based on report, and reviewed daily population sheet.
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
68. Enter the total number of interviews 1
conducted with inmates/residents/
detainees who disclosed prior sexual
victimization during risk screening using
the "Inmates who Disclosed Sexual
Victimization during Risk Screening"
protocol:
69. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are or were ever placed
in segregated housing/isolation for risk
of sexual victimization using the
"Inmates Placed in Segregated Housing
(for Risk of Sexual Victimization/Who
Allege to have Suffered Sexual Abuse)"
protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Conferred with staff; reviewed sample of risk
to determine if this population exists in screening instruments, reviewed confinement
the audited facility (e.g., based on reports; and interviewed staff.
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
70. Provide any additional comments No text provided.
regarding selecting or interviewing
targeted inmates/residents/detainees
(e.g., any populations you oversampled,
barriers to completing interviews):
Staff, Volunteer, and Contractor Interviews
Random Staff Interviews
71. Enter the total number of RANDOM 12
STAFF who were interviewed:
72. Select which characteristics you Length of tenure in the facility
considered when you selected RANDOM
STAFF interviewees: (select all that Shift assignment
apply)
Work assignment
Rank (or equivalent)
Other (e.g., gender, race, ethnicity,
languages spoken)
None
If "Other," describe: Gender, race, ethnicity.
73. Were you able to conduct the Yes
minimum number of RANDOM STAFF
interviews?
No
74. Provide any additional comments No text provided.
regarding selecting or interviewing
random staff (e.g., any populations you
oversampled, barriers to completing
interviews, barriers to ensuring
representation):
Specialized Staff, Volunteers, and Contractor Interviews
Staff in some facilities may be responsible for more than one of the specialized staff duties.
Therefore, more than one interview protocol may apply to an interview with a single staff
member and that information would satisfy multiple specialized staff interview requirements.
75. Enter the total number of staff in a 7
SPECIALIZED STAFF role who were
interviewed (excluding volunteers and
contractors):
76. Were you able to interview the Yes
Agency Head?
No
77. Were you able to interview the Yes
Warden/Facility Director/Superintendent
or their designee?
No
78. Were you able to interview the PREA Yes
Coordinator?
No
79. Were you able to interview the PREA Yes
Compliance Manager?
No
NA (NA if the agency is a single facility
agency or is otherwise not required to have a
PREA Compliance Manager per the Standards)
80. Select which SPECIALIZED STAFF Agency contract administrator
roles were interviewed as part of this
audit from the list below: (select all that Intermediate or higher-level facility staff
apply) responsible for conducting and documenting
unannounced rounds to identify and deter
staff sexual abuse and sexual harassment
Line staff who supervise youthful inmates
(if applicable)
Education and program staff who work with
youthful inmates (if applicable)
Medical staff
Mental health staff
Non-medical staff involved in cross-gender
strip or visual searches
Administrative (human resources) staff
Sexual Assault Forensic Examiner (SAFE) or
Sexual Assault Nurse Examiner (SANE) staff
Investigative staff responsible for
conducting administrative investigations
Investigative staff responsible for
conducting criminal investigations
Staff who perform screening for risk of
victimization and abusiveness
Staff who supervise inmates in segregated
housing/residents in isolation
Staff on the sexual abuse incident review
team
Designated staff member charged with
monitoring retaliation
First responders, both security and non-
security staff
Intake staff
Other
81. Did you interview VOLUNTEERS who Yes
may have contact with inmates/
residents/detainees in this facility?
No
a. Enter the total number of 2
VOLUNTEERS who were interviewed:
b. Select which specialized VOLUNTEER Education/programming
role(s) were interviewed as part of this
audit from the list below: (select all that Medical/dental
apply)
Mental health/counseling
Religious
Other
82. Did you interview CONTRACTORS Yes
who may have contact with inmates/
residents/detainees in this facility?
No
a. Enter the total number of 2
CONTRACTORS who were interviewed:
b. Select which specialized CONTRACTOR Security/detention
role(s) were interviewed as part of this
audit from the list below: (select all that Education/programming
apply)
Medical/dental
Food service
Maintenance/construction
Other
83. Provide any additional comments Interviews with the agency head designee,
regarding selecting or interviewing investigative staff, and agency contract
specialized staff. administrator were previously interviewed
during a facility audit for this same agency.
SITE REVIEW AND DOCUMENTATION SAMPLING
Site Review
PREA Standard 115.401 (h) states, "The auditor shall have access to, and shall observe, all areas
of the audited facilities." In order to meet the requirements in this Standard, the site review
portion of the onsite audit must include a thorough examination of the entire facility. The site
review is not a casual tour of the facility. It is an active, inquiring process that includes talking
with staff and inmates to determine whether, and the extent to which, the audited facility's
practices demonstrate compliance with the Standards. Note: As you are conducting the site
review, you must document your tests of critical functions, important information gathered
through observations, and any issues identified with facility practices. The information you
collect through the site review is a crucial part of the evidence you will analyze as part of your
compliance determinations and will be needed to complete your audit report, including the Post-
Audit Reporting Information.
84. Did you have access to all areas of Yes
the facility?
No
Was the site review an active, inquiring process that included the following:
85. Observations of all facility practices Yes
in accordance with the site review
component of the audit instrument (e.g.,
No
signage, supervision practices, cross-
gender viewing and searches)?
86. Tests of all critical functions in the Yes
facility in accordance with the site
review component of the audit
No
instrument (e.g., risk screening process,
access to outside emotional support
services, interpretation services)?
87. Informal conversations with inmates/ Yes
residents/detainees during the site
review (encouraged, not required)?
No
88. Informal conversations with staff Yes
during the site review (encouraged, not
required)?
No
89. Provide any additional comments No text provided.
regarding the site review (e.g., access to
areas in the facility, observations, tests
of critical functions, or informal
conversations).
Documentation Sampling
Where there is a collection of records to review-such as staff, contractor, and volunteer training
records; background check records; supervisory rounds logs; risk screening and intake
processing records; inmate education records; medical files; and investigative files-auditors must
self-select for review a representative sample of each type of record.
90. In addition to the proof Yes
documentation selected by the agency
or facility and provided to you, did you
No
also conduct an auditor-selected
sampling of documentation?
91. Provide any additional comments No text provided.
regarding selecting additional
documentation (e.g., any documentation
you oversampled, barriers to selecting
additional documentation, etc.).
SEXUAL ABUSE AND SEXUAL HARASSMENT ALLEGATIONS AND
INVESTIGATIONS IN THIS FACILITY
Sexual Abuse and Sexual Harassment Allegations and Investigations
Overview
Remember the number of allegations should be based on a review of all sources of allegations
(e.g., hotline, third-party, grievances) and should not be based solely on the number of
investigations conducted. Note: For question brevity, we use the term “inmate” in the following
questions. Auditors should provide information on inmate, resident, or detainee sexual abuse
allegations and investigations, as applicable to the facility type being audited.
92. Total number of SEXUAL ABUSE allegations and investigations overview during
the 12 months preceding the audit, by incident type:
# of allegations
# of
# of that had both
sexual # of criminal
administrative criminal and
abuse investigations
investigations administrative
allegations
investigations
Inmate- 0 0 0 0
on-
inmate
sexual
abuse
Staff- 1 0 1 0
on-
inmate
sexual
abuse
Total 1 0 1 0
93. Total number of SEXUAL HARASSMENT allegations and investigations overview
during the 12 months preceding the audit, by incident type:
# of allegations
# of sexual # of that had both
# of criminal
harassment administrative criminal and
investigations
allegations investigations administrative
investigations
Inmate-on- 0 0 0 0
inmate
sexual
harassment
Staff-on- 0 0 0 0
inmate
sexual
harassment
Total 0 0 0 0
Sexual Abuse and Sexual Harassment Investigation Outcomes
Sexual Abuse Investigation Outcomes
Note: these counts should reflect where the investigation is currently (i.e., if a criminal
investigation was referred for prosecution and resulted in a conviction, that investigation
outcome should only appear in the count for “convicted.”) Do not double count. Additionally, for
question brevity, we use the term “inmate” in the following questions. Auditors should provide
information on inmate, resident, and detainee sexual abuse investigation files, as applicable to
the facility type being audited.
94. Criminal SEXUAL ABUSE investigation outcomes during the 12 months preceding
the audit:
Referred Indicted/
Convicted/
Ongoing for Court Case Acquitted
Adjudicated
Prosecution Filed
Inmate-on- 0 0 0 0 0
inmate sexual
abuse
Staff-on- 0 0 0 0 0
inmate sexual
abuse
Total 0 0 0 0 0
95. Administrative SEXUAL ABUSE investigation outcomes during the 12 months
preceding the audit:
Ongoing Unfounded Unsubstantiated Substantiated
Inmate-on-inmate 0 0 0 0
sexual abuse
Staff-on-inmate 0 0 1 0
sexual abuse
Total 0 0 1 0
Sexual Harassment Investigation Outcomes
Note: these counts should reflect where the investigation is currently. Do not double count.
Additionally, for question brevity, we use the term “inmate” in the following questions. Auditors
should provide information on inmate, resident, and detainee sexual harassment investigation
files, as applicable to the facility type being audited.
96. Criminal SEXUAL HARASSMENT investigation outcomes during the 12 months
preceding the audit:
Indicted/
Referred
Court Convicted/
Ongoing for Acquitted
Case Adjudicated
Prosecution
Filed
Inmate-on- 0 0 0 0 0
inmate sexual
harassment
Staff-on- 0 0 0 0 0
inmate sexual
harassment
Total 0 0 0 0 0
97. Administrative SEXUAL HARASSMENT investigation outcomes during the 12
months preceding the audit:
Ongoing Unfounded Unsubstantiated Substantiated
Inmate-on-inmate 0 0 0 0
sexual
harassment
Staff-on-inmate 0 0 0 0
sexual
harassment
Total 0 0 0 0
Sexual Abuse and Sexual Harassment Investigation Files Selected for
Review
Sexual Abuse Investigation Files Selected for Review
98. Enter the total number of SEXUAL 1
ABUSE investigation files reviewed/
sampled:
99. Did your selection of SEXUAL ABUSE Yes
investigation files include a cross-
section of criminal and/or administrative
No
investigations by findings/outcomes?
NA (NA if you were unable to review any
sexual abuse investigation files)
Inmate-on-inmate sexual abuse investigation files
100. Enter the total number of INMATE- 0
ON-INMATE SEXUAL ABUSE investigation
files reviewed/sampled:
101. Did your sample of INMATE-ON- Yes
INMATE SEXUAL ABUSE investigation
files include criminal investigations?
No
NA (NA if you were unable to review any
inmate-on-inmate sexual abuse investigation
files)
102. Did your sample of INMATE-ON- Yes
INMATE SEXUAL ABUSE investigation
files include administrative
No
investigations?
NA (NA if you were unable to review any
inmate-on-inmate sexual abuse investigation
files)
Staff-on-inmate sexual abuse investigation files
103. Enter the total number of STAFF- 1
ON-INMATE SEXUAL ABUSE investigation
files reviewed/sampled:
104. Did your sample of STAFF-ON- Yes
INMATE SEXUAL ABUSE investigation
files include criminal investigations?
No
NA (NA if you were unable to review any
staff-on-inmate sexual abuse investigation
files)
105. Did your sample of STAFF-ON- Yes
INMATE SEXUAL ABUSE investigation
files include administrative
No
investigations?
NA (NA if you were unable to review any
staff-on-inmate sexual abuse investigation
files)
Sexual Harassment Investigation Files Selected for Review
106. Enter the total number of SEXUAL 0
HARASSMENT investigation files
reviewed/sampled:
a. Explain why you were unable to There were no allegations of sexual
review any sexual harassment harassment during this audit period.
investigation files:
107. Did your selection of SEXUAL Yes
HARASSMENT investigation files include
a cross-section of criminal and/or
No
administrative investigations by
findings/outcomes?
NA (NA if you were unable to review any
sexual harassment investigation files)
Inmate-on-inmate sexual harassment investigation files
108. Enter the total number of INMATE- 0
ON-INMATE SEXUAL HARASSMENT
investigation files reviewed/sampled:
109. Did your sample of INMATE-ON- Yes
INMATE SEXUAL HARASSMENT files
include criminal investigations?
No
NA (NA if you were unable to review any
inmate-on-inmate sexual harassment
investigation files)
110. Did your sample of INMATE-ON- Yes
INMATE SEXUAL HARASSMENT
investigation files include administrative
No
investigations?
NA (NA if you were unable to review any
inmate-on-inmate sexual harassment
investigation files)
Staff-on-inmate sexual harassment investigation files
111. Enter the total number of STAFF- 0
ON-INMATE SEXUAL HARASSMENT
investigation files reviewed/sampled:
112. Did your sample of STAFF-ON- Yes
INMATE SEXUAL HARASSMENT
investigation files include criminal
No
investigations?
NA (NA if you were unable to review any
staff-on-inmate sexual harassment
investigation files)
113. Did your sample of STAFF-ON- Yes
INMATE SEXUAL HARASSMENT
investigation files include administrative
No
investigations?
NA (NA if you were unable to review any
staff-on-inmate sexual harassment
investigation files)
114. Provide any additional comments No text provided.
regarding selecting and reviewing
sexual abuse and sexual harassment
investigation files.
SUPPORT STAFF INFORMATION
DOJ-certified PREA Auditors Support Staff
115. Did you receive assistance from any Yes
DOJ-CERTIFIED PREA AUDITORS at any
point during this audit? REMEMBER: the
No
audit includes all activities from the pre-
onsite through the post-onsite phases to
the submission of the final report. Make
sure you respond accordingly.
Non-certified Support Staff
116. Did you receive assistance from any Yes
NON-CERTIFIED SUPPORT STAFF at any
point during this audit? REMEMBER: the
No
audit includes all activities from the pre-
onsite through the post-onsite phases to
the submission of the final report. Make
sure you respond accordingly.
AUDITING ARRANGEMENTS AND COMPENSATION
121. Who paid you to conduct this audit? The audited facility or its parent agency
My state/territory or county government
employer (if you audit as part of a consortium
or circular auditing arrangement, select this
option)
A third-party auditing entity (e.g.,
accreditation body, consulting firm)
Other
Identify the name of the third-party Correctional Management and
auditing entity Communications Group, LLC
Standards
Auditor Overall Determination Definitions
• Exceeds Standard
(Substantially exceeds requirement of standard)
• Meets Standard
(substantial compliance; complies in all material ways with the stand for the relevant
review period)
• Does Not Meet Standard
(requires corrective actions)
Auditor Discussion Instructions
Auditor discussion, including the evidence relied upon in making the compliance or non-
compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions.
This discussion must also include corrective action recommendations where the facility does not
meet standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
Zero tolerance of sexual abuse and sexual harassment; PREA
115.311
coordinator
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ Policy 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Organization Charts
Interviews:
PREA Coordinator
PREA Compliance Manager
Random Staff
Residents
Provision (a):
An agency shall have a written policy mandating zero tolerance toward all forms of
sexual abuse and sexual harassment and outlining the agency’s approach to
preventing, detecting, and responding to such conduct.
The agency Policy 1919 and the FOP collectively provide for zero-tolerance of sexual
abuse and sexual harassment and provide guidelines for the strategies and
approach to preventing, detecting and responding to sexual abuse and sexual
harassment. The policies include definitions of prohibited behaviors and sanctions
for those found to have participated in prohibited behaviors.
Staff training, resident education, and intake screening assist in detecting sexual
abuse and sexual harassment. The identified policy and and supporting FOPs
include but are not limited to responding to sexual abuse and sexual harassment
through prevention; responsive planning; training and education; reporting;
investigations; medical and mental care; assessments; disciplinary sanctions for
residents and staff; and data collection and review. The interviews confirmed
knowledge of the zero-tolerance policies regarding sexual abuse and sexual
harassment.
Provision (b):
An agency shall employ or designate an upper-level, agency-wide PREA Coordinator
with sufficient time and authority to develop, implement, and oversee agency
efforts to comply with the PREA standards in all of its facilities.
The Leon Regional Juvenile Detention Center is a juvenile detention facility operated
by the Florida Department of Juvenile Justice (DJJ) which employs an agency-wide
PREA Coordinator, an upper-level management position within the agency. A
previous interview with the PREA Coordinator revealed he has sufficient time and
authority to develop, implement, and oversee the agency’s efforts to comply with
the PREA standards in all applicable State operated and contract facilities.
Provision (c):
Where an agency operates more than one facility, each facility shall designate a
PREA compliance manager with sufficient time and authority to coordinate the
facility’s efforts to comply with the PREA standards.
The facility’s Superintendent serves as the PREA Compliance Manager as indicated
on the facility’s organization chart. The position of Superintendent is currently
vacant and the regional management staff, Chief Operation and Program Manager,
is serving in the capacity of Superintendent/PREA Compliance Manager. An interview
with the Chief revealed that in her role as Superintendent she has the time to fulfill
the PREA duties and is assisted through meetings with supervisors and other staff. It
was determined that she has the authority required to fulfill those duties. Interviews
conducted with staff revealed their awareness of the role of the PREA Compliance
Manager. Observations and interviews confirmed the Chief has the support of the
facility staff, and the DJJ statewide PREA Coordinator.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined the facility is compliant with this standard.
115.312 Contracting with other entities for the confinement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Superintendent
Agency Contract Administrator
Provision (a):
A public agency that contracts for the confinement of its residents with private
agencies or other entities, including other government agencies, shall include in any
new contract or contract renewal the entity’s obligation to adopt and comply with
the PREA standards.
The agency has 32 contracts with providers for the confinement of juveniles in
residential facilities throughout the State of Florida. The contracts contain the
requirement for implementation of the PREA Standards and for PREA audits to be
conducted.
Provision (b):
Any new contract or contract renewal shall provide for agency contract monitoring
to ensure that the contractor is complying with the PREA standards.
A review of a sample signed contract and previous interviews with the PREA
Coordinator and agency contract administrator, revealed the provider’s
acknowledgement to comply with all requirements of the PREA Standards as
outlined in FDJJ Policy 1919.
Conclusion:
Based upon the review and analysis of the available documentation and interviews,
the Auditor determined all contracts require the contractor’s compliance with PREA
standards and PREA compliance audits.
115.313 Supervision and monitoring
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Staffing Plan
Staffing Plan Assessment
Unannounced Rounds
Interviews:
Intermediate Staff
Superintendent/PREA Compliance Manager
PREA Coordinator
Random Staff
Residents
Provision (a):
The agency shall ensure that each facility it operates shall develop, implement, and
document a staffing plan that provides for adequate levels of staffing, and, where
applicable, video monitoring, to protect residents against sexual abuse. In
calculating adequate staffing levels and determining the need for video monitoring,
facilities shall take into consideration:
(1) Generally accepted juvenile detention and correctional/secure residential
practices;
(2) Any judicial findings of inadequacy;
(3) Any findings of inadequacy from Federal investigative agencies;
(4) Any findings of inadequacy from internal or external oversight bodies;
(5) All components of the facility’s physical plant (including “blind spots” or areas
where staff or residents may be isolated);
(6) The composition of the resident population;
(7) The number and placement of supervisory staff;
(8) Institution programs occurring on a particular shift;
(9) Any applicable State or local laws, regulations, or standards;
(10) The prevalence of substantiated and unsubstantiated incidents of sexual
abuse; and
(11) Any other relevant factors.
The policy and FOP require the facility to develop, implement and document an
approved staffing plan. The Superintendent/Compliance Manager interview verified
the development of the facility’s staffing plan, the continual assessment of
adequate staffing levels and the need for video monitoring. The hold-over policy is
vital to providing adequate coverage through the staffing ratios.
Provision (b):
The agency shall comply with the staffing plan except during limited and discrete
exigent circumstances and shall fully document deviations from the plan during
such circumstances.
The staffing plan is based upon the facility’s capacity of 40 residents. Policies and
procedures require the facility to document deviations from the staffing plan. The
facility’s hold-over policy, assist in reducing deviations from the plan.
Provision (c):
Each secure juvenile facility shall maintain staff ratios of a minimum of 1:8 during
resident waking hours and 1:16 during resident sleeping hours, except during
limited and discrete exigent circumstances, which shall be fully documented. Only
security staff shall be included in these ratios. Any facility that, as of the date of
publication of this final rule, is not already obligated by law, regulation, or judicial
consent decree to maintain the staffing ratios set forth in this paragraph shall have
until October 1, 2017, to achieve compliance.
The Superintendent’s interview confirmed there is no law, regulation or judicial
decree regarding staffing. The agency requirement is to maintain staffing ratios of
1:8 staff to resident ratio during waking hours and 1:16 staff to resident ratio during
sleeping hours and the facility’s staffing plan reflects the required ratios.
Observations revealed the staff to resident ratio requirements are met.
Provision (d):
Whenever necessary, but no less frequently than once each year, for each facility
the agency operates, in consultation with the PREA Coordinator required by §
115.311, the agency shall assess, determine, and document whether adjustments
are needed to:
(1) The staffing plan established pursuant to paragraph (a) of this section;
(2) Prevailing staffing patterns;
(3) The facility’s deployment of video monitoring systems and other monitoring
technologies; and
(4) The resources the facility has available to commit to ensure adherence to the
staffing plan.
Documentation of the annual assessment of the staffing plan dated 9/28/23 was
reviewed and found to be in compliance with all elements contained in the standard.
The FDJJ Statewide PREA Coordinator and the Superintendent corroborate on the
staffing plan and staffing plan assessment. There were no adjustments made. The
facility utilizes video monitoring combined with direct staff supervision to protect
residents from sexual abuse and sexual harassment. The facility has a total of 64
cameras on the inside and outside.
Provision (e):
Each secure facility shall implement a policy and practice of having intermediate-
level or higher-level supervisors conduct and document unannounced rounds to
identify and deter staff sexual abuse and sexual harassment. Such policy and
practice shall be implemented for night shifts as well as day shifts. Each secure
facility shall have a policy to prohibit staff from alerting other staff members that
these supervisory rounds are occurring, unless such announcement is related to the
legitimate operational functions of the facility.
Intermediate or higher-level staff are required to conduct unannounced rounds to
deter and identify staff sexual abuse and sexual harassment. An interview with a
higher-level staff member and a review of unannounced rounds documentation
revealed over time unannounced rounds are conducted on three shifts in all areas of
the facility. The Superintendent and the two Assistant Superintendents conduct the
unannounced visits. The intermediate staff does not alert staff when conducting
unannounced rounds and he comes into the facility at different times and different
entrance ways. He will remind staff not to alert other staff that the visits are
occurring. Based on the information derived from documentation of an
unannounced round, the Auditor was able to view the unannounced round, on
camera, being conducted by one of the Assistant Superintendents.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance with this standard.
115.315 Limits to cross-gender viewing and searches
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Training Curriculum
Training Sign-in Sheet
Posted Signs
Interviews:
Superintendent
Random Staff
Residents
Provision (a):
The facility shall not conduct cross-gender strip searches or cross-gender visual
body cavity searches (meaning a search of the anal or genital opening) except in
exigent circumstances or when performed by medical practitioners.
Policy and procedures prohibit cross-gender strip searches, or pat down searches of
youth, except in exigent circumstances. There is no evidence of such searches being
conducted.
Provision (b):
The agency shall not conduct cross-gender pat-down searches except in exigent
circumstances.
The consensus of the random staff interviews revealed the emergency where a
female would conduct a cross-gender pat- down search is that there are no males
available, weapons are involved, and/or other contraband. The training materials
show staff receives training on how to conduct searches, including cross gender
searches. Staff participation in the training is documented. Staff interviews
confirmed awareness of how to conduct searches. No residents or staff interviewed
reported the occurrence of any cross-gender searches. Cross-gender pat-down
searches have not occurred at the facility during the last 12 months.
Provision (c):
The facility shall document and justify all cross-gender strip searches, cross-gender
visual body cavity searches, and cross-gender pat-down searches.
Policy prohibits cross-gender strip searches and cross-gender visual body cavity
searches. Cross-gender pat-down searches may be conducted only in exigent
circumstances which random staff interviews summarized as an extreme
emergency. In the event a cross-gender search is warranted pursuant to an
emergency circumstance; it must be approved by the Superintendent and the
justification for the search documented. Such searches will be documented. The
form requires the staff to record the reason for the search. The evidence shows the
facility is prepared to document and justify all cross-gender pat-down searches.
Provision (d):
The facility shall implement policies and procedures that enable residents to
shower, perform bodily functions, and change clothing without nonmedical staff of
the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent
circumstances or when such viewing is incidental to routine cell checks. Such
policies and procedures shall require staff of the opposite gender to announce their
presence when entering a resident housing unit. In facilities (such as group homes)
that do not contain discrete housing units, staff of the opposite gender shall be
required to announce their presence when entering an area where residents are
likely to be showering, performing bodily functions, or changing clothing.
Opposite gender staff, volunteers and contractors entering housing units must to
announce themselves. Resident and random staff interviews verified this is done on
consistently. Residents are provided reasonable privacy to allow residents to
shower, perform bodily functions and change clothing without staff of the opposite
sex viewing their bodies. Staff and resident interviews confirm there is no cross-
gender viewing. Observation of the bathrooms revealed all shower stalls have
shower coverings to allow privacy while taking showers. Staff members of the
opposite gender are required to announce themselves upon entering the unit based
on the posted signs. This practice was confirmed through observation of signage
indicating such, observations and interviews with residents and staff and the
announcements made during the site review. No resident interviewed reported ever
having been naked in full view of opposite gender staff while showering, changing
clothing, and performing bodily functions. Based on the review of the
documentation, staff and resident interviews, and observations, the facility follows
this provision of the standard. The viewing of the cameras and staff and resident
interviews confirmed that residents are not directly viewed by staff when showering,
using the toilet or changing clothes. Observation of the surveillance system/
monitors revealed cameras do not capture showers, toilets or inside residents’
rooms.
Provision (e):
The facility shall not search or physically examine a transgender or intersex resident
for the sole purpose of determining the resident’s genital status. If the resident’s
genital status is unknown, it may be determined during conversations with the
resident, by reviewing medical records, or, if necessary, by learning that information
as part of a broader medical examination conducted in private by a medical
practitioner.
Policy and procedures prohibit the search of transgender or intersex residents solely
for the purpose of determining the residents’ genital status and staff interviews
verified no such searches have occurred in the past 12 months. According to the
Policy, if the resident’s genital status is unknown, it may be determined during
conversations with the resident, by reviewing medical records, or by learning that
information as part of a broader medical examination conducted in private by a
medical practitioner. Staff interviews confirmed they are aware facility policy
prohibits them from conducting a physical examination of transgender or intersex
resident solely for the purpose of determining the resident’s genital status. Based
on the documentation reviewed and staff interviews, the facility meets this provision
of the standard.
Provision (f):
The agency shall train security staff in how to conduct cross-gender pat-down
searches, and searches of transgender and intersex residents, in a professional and
respectful manner, and in the least intrusive manner possible, consistent with
security needs.
FDJJ Policy 1919 and Leon RJDC FOP PREA states that staff shall be trained in how to
conduct cross-gender pat-down searches, and searches of transgender and intersex
residents, in a professional and respectful manner, and in the least intrusive manner
possible, consistent with security needs. The documentation and staff interviews
support the training is conducted at least annually. Training participation is
documented with sign-in sheets and training acknowledgement forms. The evidence
shows staff are trained in how to conduct cross-gender pat-down searches, and
searches of transgender and intersex residents, in a professional and respectful
manner, and in the least intrusive manner possible, consistent with security needs.
One hundred percent of direct care staff received the training on conducting cross-
gender pat-down searches and searches of transgender and intersex residents.
Conclusion:
Based on the reviewed documentation and interviews, the facility follows this
provision of the standard.
Residents with disabilities and residents who are limited English
115.316
proficient
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Invoice
Interviews:
Superintendent
Residents
Random Staff
Provision (a):
The agency shall take appropriate steps to ensure that residents with disabilities
(including, for example, residents who are deaf or hard of hearing, those who are
blind or have low vision, or those who have intellectual, psychiatric, or speech
disabilities), have an equal opportunity to participate in or benefit from all aspects
of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual
harassment. Such steps shall include, when necessary to ensure effective
communication with residents who are deaf or hard of hearing, providing access to
interpreters who can interpret effectively, accurately, and impartially, both
receptively and expressively, using any necessary specialized vocabulary. In
addition, the agency shall ensure that written materials are provided in formats or
through methods that ensure effective communication with residents with
disabilities, including residents who have intellectual disabilities, limited reading
skills, or who are blind or have low vision. An agency is not required to take actions
that it can demonstrate would result in a fundamental alteration in the nature of a
service, program, or activity, or in undue financial and administrative burdens, as
those terms are used in regulations promulgated under title II of the Americans With
Disabilities Act, 28 CFR 35.164.
Policy and procedures support the provision of support services for disabled
residents by providing these residents the equal opportunity to participate in or
benefit from all aspects of the facility’s efforts to prevent, detect, and respond to
sexual abuse and sexual harassment. Policy prohibits use of resident interpreters,
resident readers, or other types of resident assistance except in limited
circumstances where an extended delay in obtaining an effective interpreter could
compromise the resident’s safety, performance of first responder duties, or the
investigation of the allegations. Staff interviews confirmed this information. The
agency provides for the services of a professional interpreting agency. The Leon
County school system provides for supportive services to residents with disabilities
and for residents who may be limited English proficient. Mental health staff may
also provide assistance in ensuring residents understand PREA education.
Provision (b):
The agency shall take reasonable steps to ensure meaningful access to all aspects
of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual
harassment to residents who are limited English proficient, including steps to
provide interpreters who can interpret effectively, accurately, and impartially, both
receptively and expressively, using any necessary specialized vocabulary.
An Interpreting and Translation Agreement is documented with Language Line
Services, Inc. for services to residents. The evidence shows residents with
disabilities and who may be limited English proficient are provided equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to
prevent, detect, and respond to sexual abuse and sexual harassment. Overall, the
random staff interviewed confirmed residents are not used as interpreters and
understand prior arrangements have been made regarding interpreters. There are
also staff who can speak and translate in other languages. The facility ensures
access to all aspects of the agency’s efforts to prevent, detect, and respond to
sexual abuse and sexual harassment to residents who are limited English proficient,
including taking steps to provide professional interpreters who can interpret
effectively, accurately, and impartially, using any necessary specialized vocabulary.
Posted PREA related information is posted in English and other languages.
Provision (c):
The agency shall not rely on resident interpreters, resident readers, or other types
of resident s except in limited circumstances where an extended delay in obtaining
an effective interpreter could compromise the resident’s safety, the performance of
first-response duties under § 115.364, or the investigation of the resident’s
allegations.
The facility prohibits the use of resident interpreters, resident readers or any kind of
resident assistance except when a delay in obtaining interpreter services could
jeopardize a resident’s safety, performance of the first responder duties, or the
investigation of the allegation. Staff interviews confirmed residents have not been
used to relate PREA information to or from other residents in the past 12 months
and beyond. There were no residents in need of an interpreter or translation
services during the site review.
Conclusion:
Based upon the review and analysis of the evidence, the Auditor determined the
facility is compliant with this standard.
115.317 Hiring and promotion decisions
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) PREA
Personnel Files
Interviews:
Superintendent/Administrative (Human Resources) Staff
Provisions (a) & (f):
(a) The agency shall not hire or promote anyone who may have contact with
residents, and shall not enlist the services of any contractor who may have contact
with residents, who—
(1) Has engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997);
(2) Has been convicted of engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or coercion, or if
the victim did not consent or was unable to consent or refuse; or
(3) Has been civilly or administratively adjudicated to have engaged in the activity
described in paragraph (a)(2) of this section.
(f): The agency shall also ask all applicants and employees who may have contact
with residents directly about previous misconduct described in paragraph (a) of this
section in written applications or interviews for hiring or promotions and in any
interviews or written self-evaluations conducted as part of reviews of current
employees. The agency shall also impose upon employees a continuing affirmative
duty to disclose any such misconduct.
FDJJ Policy 1919 PREA and FOP 3.09 Hiring and Promotions section address hiring
and promotion processes and decisions, including the requirement for background
checks for new hires and five-year checks thereafter. The collective policies and
interview with the Human Resources staff member revealed information regarding
the hiring process, completion of background checks, and the grounds for
termination. A review of a sample of personnel files confirmed compliance with the
initial and five-year background checks through the agency's Background Screening
Unit which include local, state and federal checks. According to the interview, staff
has a continuing duty to report related misconduct and omission of sexual
misconduct or providing false information will be grounds for termination.
Provision (b):
The agency shall consider any incidents of sexual harassment in determining
whether to hire or promote anyone, or to enlist the services of any contractor, who
may have contact with residents.
According to the Human Resource staff, the facility considers any incidents of sexual
abuse or sexual harassment in determining whether to hire a person, contract for
services, or whether to promote an employee. Policies FDJJ 1800 and FDJJ 1919 and
an interview with the Human Resource staff collectively provide that staff has a
continuing duty to report misconduct and provide that omissions of misconduct or
providing false information will be grounds for termination. 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 incidents of
sexual harassment in determining whether to hire or promote anyone, or to enlist
the services of any contractor, who may have contact with residents.
Provisions (c) & (d):
(c): Before hiring new employees or (d): contractors who may have contact with
residents, the agency shall:
(1) Perform a criminal background records check;
(2) Consult any child abuse registry maintained by the State or locality in which the
employee would work; and
(3) Consistent with Federal, State, and local law, make its best efforts to contact all
prior institutional employers for information on substantiated allegations of sexual
abuse or any resignation during a pending investigation of an allegation of sexual
abuse.
(d): The agency shall also perform a criminal background records check, and
consult applicable child abuse registries, before enlisting the services of any
contractor who may have contact with residents.
Policy requires background checks to occur prior to residents receiving services from
contractors and volunteers. The background check process includes consulting a
child abuse registry as confirmed during the interview and review of personnel files.
The prospective employee or contractor also has to be cleared through the Florida
Department of Children and Families. Best efforts are made to identify information
of incidents or allegations of sexual abuse by a prospective employee.
Provision (e):
The agency shall either conduct criminal background records checks at least every
five years of current employees and contractors who may have contact with
residents or have in place a system for otherwise capturing such information for
current employees.
Policy and procedures are aligned with the requirements of the provisions of the
standard and provides background checks occur prior to employment and every five
years thereafter. Initial background checks and five-year checks were reviewed
while onsite. Based on the review of documentation and the interview, the evidence
shows the facility practices are aligned with the provisions of this standard. A review
of a sample of a variety of personnel files revealed completed criminal background
records checks and a sample review of personnel files of current staff employed for
more than 5 years revealed criminal background re-screenings had been completed.
Provision (g):
Material omissions regarding such misconduct, or the provision of materially false
information, shall be grounds for termination.
Policy and procedures state material omissions regarding such misconduct, or the
provision of materially false information, shall be grounds for termination. Based on
the review of the documentation and the interview, the evidence shows the facility
follows this provision of the standard.
Provision (h):
Unless prohibited by law, the agency shall provide information on substantiated
allegations of sexual abuse or sexual harassment involving a former employee upon
receiving a request from an institutional employer for whom such employee has
applied to work.
The interview with the Superintendent/Human Resources staff confirmed the facility
will provide this information if requested to do so. Policy and procedures provide
that the information will be provided when requested unless it is prohibited by law
to provide the information.
Conclusion:
Based on the review of the personnel files and other documentation, and the
interview, the Auditor determined the facility is compliant with this standard.
115.318 Upgrades to facilities and technologies
Auditor Overall Determination: Meets Standard
Auditor Discussion
Policy and procedures require when installing or updating a video monitoring system
or designing or planning expansion on any substantial expansions, the facility will
consider how such technology and expansions may enhance the ability to protect
residents from sexual abuse. During the site review, the video surveillance system
was observed, and all cameras were pointed out by staff. The video monitoring
system was also assessed during the annual review of the staffing plan. There have
not been any substantial expansions or updates to the monitoring system since the
last PREA audit.
115.321 Evidence protocol and forensic medical examinations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP), 3.09 PREA
PREA Compliance Form
Correspondence
Posted Information
Brochure
Interviews:
Random Staff
Superintendent/PREA Compliance Manager
Advocacy Agency Representative
Provisions (a) & (b):
Provision (a): To the extent the agency is responsible for investigating allegations
of sexual abuse, the agency shall follow a uniform evidence protocol that maximizes
the potential for obtaining usable physical evidence for administrative proceedings
and criminal prosecutions. Provision (b): The protocol shall be developmentally
appropriate for youth and, as appropriate, shall be adapted from or otherwise based
on the most recent edition of the U.S. Department of Justice’s Office on Violence
Against Women publication, “A National Protocol for Sexual Assault Medical Forensic
Examinations, Adults/Adolescents,” or similarly comprehensive and authoritative
protocols developed after 2011.
Policy and procedures provide for uniform agency protocols to be followed; the PREA
Compliance Form is accessible in the facility and provided to law enforcement
investigators. The protocol is outlined in the PREA Compliance document and is
appropriate for youth. The agency Protocol addresses but is not limited to
interviewing; evidence collection; victim services; notifications; and prosecution of
sexual assault cases. The agency investigators conduct administrative
investigations and the Leon County Sheriff’s Office investigates sexual abuse
allegations that are criminal in nature. The collective staff interviews confirm an
understanding of the facility’s protocols for obtaining usable physical evidence if a
resident alleges sexual abuse and knowledge of the entities responsible for
conducting investigations.
Provision (c):
The agency shall offer all residents who experience sexual abuse access to forensic
medical examinations whether on-site or at an outside facility, without financial
cost, where evidentiary or medically appropriate. Such examinations shall be
performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse
Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the
examination can be performed by other qualified medical practitioners. The agency
shall document its efforts to provide SAFEs or SANEs.
Forensic medical examinations will be conducted at the Refuge House Incorporated
or Children's Advocacy Center, based on the age of the alleged victim, by a Sexual
Assault Nurse Examiner (SANE), Sexual Assault Forensic Examiner (SAFE) or another
qualified medical practitioner. Accompaniment may be provided at either site by a
victim advocate affiliated with the Refuge House Incorporated. Policy and
procedures state that the services will be provided at no cost to the victim. There
were no forensic medical examinations conducted during this audit period.
Provisions (d) & (e):
Provision (d): The agency shall attempt to make available to the victim a victim
advocate from a rape crisis center. If a rape crisis center is not available to provide
victim advocate services, the agency shall make available to provide these services
a qualified staff member from a community-based organization or a qualified
agency staff member. Agencies shall document efforts to secure services from rape
crisis centers. For the purpose of this standard, a rape crisis center refers to an
entity that provides intervention and related assistance, such as the services
specified in 42 U.S.C. 14043g(b)(2)(C), to victims of sexual assault of all ages. The
agency may utilize a rape crisis center that is part of a governmental unit as long as
the center is not part of the criminal justice system (such as a law enforcement
agency) and offers a comparable level of confidentiality as a nongovernmental
entity that provides similar victim services. Provision (e): As requested by the
victim, the victim advocate, qualified agency staff member, or qualified community-
based organization staff member shall accompany and support the victim through
the forensic medical examination process and investigatory interviews and shall
provide emotional support, crisis intervention, information, and referrals.
The facility has to secure a Memorandum of Understanding (MOU) with the Refuge
House Incorporated for victim advocacy services. However, the lack of a MOU does
not hinder the provision of services to residents at the facility. The Superintendent
and correspondence support that a MOU will be developed to ensure the current
signatures, including a new facility administrator. Advocacy education has been
provided to the residents by a representative from Refuge House Incorporated. The
supportive services to victims include access to 24-hour reporting and contact for
advocacy services; emotional support; accompaniment through the forensic
examination and investigative interview; and provision of information and
resources. The interview with the Superintendent and advocacy agency
representative confirmed the resident and/or facility staff members are able to
utilize the victim services hotline to request a victim advocate.
Provisions (f), (g) & (h):
Provision (f): To the extent the agency itself is not responsible for investigating
allegations of sexual abuse, the agency shall request that the investigating agency
follow the requirements of paragraphs (a) through (f) of this section. Provision (g):
The requirements of paragraphs (a) through (f) of this section shall also apply to: (1)
Any State entity outside of the agency that is responsible for investigating
allegations of sexual abuse in juvenile facilities; and (2) Any Department of Justice
component that is responsible for investigating allegations of sexual abuse in
juvenile facilities. Provision (h): For the purposes of this standard, a qualified
agency staff member or a qualified community-based staff member shall be an
individual who has been screened for appropriateness to serve in this role and has
received education concerning sexual assault and forensic examination issues in
general.
The agency requires that allegations of sexual abuse be reported to the Leon
County Sheriff’s Office, Florida Abuse Hotline and the agency's Central
Communication Center (CCC). When the Leon County Sheriff’s Office arrives at the
facility to conduct an investigation, facility staff will provide and request the
investigative agency follow the agency's Inspector General Directive, PREA
Compliance Form to maximize the potential for obtaining usable physical evidence
for criminal prosecution. Advocacy services are accessible through Refuge House
Incorporated.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance with the provisions of this standard.
115.322 Policies to ensure referrals of allegations for investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
PREA Compliance Form
Investigative Report
Interviews:
Random Staff
Superintendent
PREA Coordinator
Provision (a):
The agency shall ensure that an administrative or criminal investigation is
completed for all allegations of sexual abuse and sexual harassment.
Policy directs staff to report all allegations of sexual abuse and sexual harassment
and to document the reports which were supported by staff interviews and a
previous interview with the agency head designee. The facility reports one
allegation of sexual abuse and sexual harassment; staff on youth. The
administrative investigation was concluded just prior to the onsite audit phase and
was closed as Information Only regarding sexual abuse. Agency policy and a review
of the investigative report confirm the cooperation between the facility staff and the
investigative entities which are investigators from the Department of Juvenile
Justice, Department of Children and Families and Leon County Sheriff's Office. The
documentation shows the allegation was reported to all investigative entities and
that it moved forward as an administrative investigation.
Provisions (b) & (c):
Provision (b): The agency shall have in place a policy to ensure that allegations of
sexual abuse or sexual harassment are referred for investigation to an agency with
the legal authority to conduct criminal investigations, unless the allegation does not
involve potentially criminal behavior. The agency shall publish such policy on its
website or, if it does not have one, make the policy available through other means.
The agency shall document all such referrals. Provision (c): If a separate entity is
responsible for conducting criminal investigations, such publication shall describe
the responsibilities of both the agency and the investigating entity.
The agency’s website provides the information and related policies for reporting
allegations of sexual abuse and related investigations. Third-party reporting
information is also accessible through the website. Consistent reporting information
is also posted in various areas of the facility. The posted information is accessible to
residents, staff, contractors and visitors. The policy, investigative report and
interviews confirm allegations of sexual abuse and sexual harassment are
investigated. Administrative investigations are conducted by the trained agency
investigators and sexual abuse allegations that are criminal in nature are
investigated by the Leon County Sheriff’s Office and referred to the Department of
Children and Families as indicated in policy.
Provision (d):
Any State entity responsible for conducting administrative or criminal investigations
of sexual abuse or sexual harassment in juvenile facilities shall have in place a
policy governing the conduct of such investigations.
The agency has policies governing investigations and has trained investigators. A
previous interview with investigative staff and documentation confirm that
administrative investigations are conducted by a trained investigator and
allegations that are criminal in nature are referred to law enforcement and the
Department of Children and Families. The agency, through the Office of Inspector
General, provides facilities with the PREA Compliance Form which outlines the
investigation protocols in accordance with the PREA Standards; it is provided to
investigators.
Provision (e):
Any Department of Justice component responsible for conducting administrative or
criminal investigations of sexual abuse or sexual harassment in juvenile facilities
shall have in place a policy governing the conduct of such investigations.
The Department of Justice is not responsible for conducting administrative or
criminal investigations of sexual abuse or sexual harassment in this facility.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.331 Employee training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
PREA Curriculum
Sign-in Sheets
Course Participant Reports
Interviews:
Random Staff
Superintendent/PREA Compliance Manager
Provisions (a) & (c):
Provision (a): The agency shall train all employees who may have contact with
residents on:
(1) Its zero-tolerance policy for sexual abuse and sexual harassment;
(2) How to fulfill their responsibilities under agency sexual abuse and sexual
harassment prevention, detection, reporting, and response policies and procedures;
(3) Residents’ right to be free from sexual abuse and sexual harassment;
(4) The right of residents and employees to be free from retaliation for reporting
sexual abuse and sexual harassment;
(5) The dynamics of sexual abuse and sexual harassment in juvenile facilities;
(6) The common reactions of juvenile victims of sexual abuse and sexual
harassment;
(7) How to detect and respond to signs of threatened and actual sexual abuse and
how to distinguish between consensual sexual contact and sexual abuse between
residents;
(8) How to avoid inappropriate relationships with residents;
(9) How to communicate effectively and professionally with residents, including
lesbian, gay, bisexual, transgender, intersex, or gender nonconforming residents;
and
(10) How to comply with relevant laws related to mandatory reporting of sexual
abuse to outside authorities;
(11) Relevant laws regarding the applicable age of consent.
Provision (c): All current employees who have not received such training shall be
trained within one year of the effective date of the PREA standards, and the agency
shall provide each employee with refresher training every two years to ensure that
all employees know the agency’s current sexual abuse and sexual harassment
policies and procedures. In years in which an employee does not receive refresher
training, the agency shall provide refresher information on current sexual abuse and
sexual harassment policies.
Agency policy and FOP address PREA related training for staff. All interviewed staff
members were familiar with the PREA information regarding primary components of
preventing, detecting and responding to sexual abuse or sexual harassment. Staff
interviews revealed staff are knowledgeable of PREA standards. However, staff
interviewed were not clearly aware of how the search of a transgender or intersex
youth would occur to meet the intent of the standard. The Superintendent
implemented a corrective action and conducted refresher training for the staff
aligned with agency policy. The training provided undisputed information and
emphasized the transgender and intersex youth are asked the gender they prefer to
conduct the pat-down search and after documentation of the preference, the initial
general training regarding pat-down searches is relied on thereafter. Documentation
of the sessions conducted with staff was provided to the Auditor. The sign-in roster
contained the title of the refresher session, date, shift, and identified the instructor.
PREA training is provided to staff in a classroom setting, electronically, during shift
briefings, and a review of policy, procedures and training documents. The
documents and staff interviews support refresher training is conducted and is
documented.
The direct care staff interviewed and the PREA Compliance Manager reported the
training is provided as required. All direct care staff members interviewed, and
document review verified the general topics below were included in the training:
1. Zero-tolerance PREA related policies.
2. Staff responsibilities and how to fulfill them regarding allegations or incidents of
sexual abuse or sexual harassment.
3. Residents’ right to be free from sexual abuse and sexual harassment.
4. The right for staff and residents to be free from retaliation for reporting
allegations or cooperating in an investigation.
5. Dynamics of sexual abuse and sexual harassment in juvenile facilities.
6. Residents and employees rights to be free from retaliation for reporting sexual
abuse and sexual harassment.
7. How to avoid inappropriate relationships with residents.
8. Common reactions of sexual abuse and sexual harassment by juvenile victims.
9. Communicating effectively and professionally with residents, including lesbian,
gay, bisexual, transgender, intersex, or gender non-conforming residents.
10. Mandatory reporting.
11. Relevant laws regarding the applicable age of consent.
The Policy and FOP, training materials, staff interviews, review of the trainings log
and acknowledgement statements verify the staff training occurs. Training is
conducted annually, and refresher training is provided as needed as demonstrated
with the implementation of the corrective action. Staff interviews confirmed they
have received training on the 11 required topics. The interviews revealed staff are
knowledgeable of PREA standards and were able to articulate their responsibilities in
the PREA roles.
Provision (b):
Such training shall be tailored to the unique needs and attributes of residents of
juvenile facilities and to the gender of the residents at the employee’s facility. The
employee shall receive additional training if the employee is reassigned from a
facility that houses only male residents to a facility that houses only female
residents, or vice versa.
The facility houses males and females and the training considers the needs of the
population as determined by a review of training curricula and interviews with
random staff. Policy supports that the training be tailored to the needs and
attributes to the population served.
Provision (d):
The agency shall document, through employee signature or electronic verification
that employees understand the training they have received.
All training is documented. Staff members sign training rosters and training
acknowledgement statements; training records are also maintained electronically.
The facility provided the Auditor with several examples for verification of the
training occurring and the training was verified through staff interviews.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance with the provisions of this standard.
115.332 Volunteer and contractor training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Training Curriculum
Acknowledgement Statements
Interviews:
Contractors (2)
Volunteers (2)
Provision (a):
The agency shall ensure that all volunteers and contractors who have contact with
residents have been trained on their responsibilities under the agency’s sexual
abuse and sexual harassment prevention, detection, and response policies and
procedures.
Policy and procedures require volunteers and contractors who have contact with
residents, to be trained on PREA and their responsibilities regarding sexual assault
prevention, detection, and response to allegations of sexual abuse and sexual
harassment. A review of training records and interviews document the training
occurs. The interviewed volunteers provide religious services and the contractors
interviewed provide medical services.
Provision (b):
The level and type of training provided to volunteers and contractors shall be based
on the services they provide and level of contact they have with residents, but all
volunteers and contractors who have contact with residents shall be notified of the
agency’s zero-tolerance policy regarding sexual abuse and sexual harassment and
informed how to report such incidents.
The interviews and documentation reveal the PREA training informs the participants
of their role in reporting allegations of sexual abuse and sexual harassment. The
participants are informed of their responsibilities regarding sexual abuse prevention,
detection, and response to a PREA allegation. The training is based on the services
provided by the contractors and volunteers. The education staff member stated the
training includes a review of the zero-tolerance policy regarding sexual abuse and
sexual harassment of residents.
Provision (c):
The agency shall maintain documentation confirming that volunteers and
contractors understand the training they have received.
The acknowledgement statements contain the information reviewed with the
contractors and volunteers. The review of training records reveal volunteers and
contract providers are given a downloaded version of the SkillPro on-line PREA
training, asked to read it and given the opportunity to ask questions prior to signing
acknowledging they understand the contents of the documents regarding PREA.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with the provisions of this standard
115.333 Resident education
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Brochures
Acknowledgement Statements
PREA Multilingual Posters
Interviews:
Residents
Intake Staff
Provisions (a) and (b):
Provision (a): During the intake process, residents shall receive information
explaining, in an age appropriate fashion, the agency’s zero tolerance policy
regarding sexual abuse and sexual harassment and how to report incidents or
suspicions of sexual abuse or sexual harassment. Provision (b): Within 10 days of
intake, the agency shall provide comprehensive age-appropriate education to
residents either in person or through video regarding their rights to be free from
sexual abuse and sexual harassment and to be free from retaliation for reporting
such incidents, and regarding agency policies and procedures for responding to
such incidents.
Policy and procedures provide all residents admitted receive information about the
facility, including PREA education. Residents receive directions on how to report
allegations of sexual abuse and sexual harassment; and the right to be free from
retaliation for reporting. According to the Intake staff who provides PREA education
to residents and the residents interviewed, an orientation is provided to residents
during the intake process. Policy provides that residents receive a comprehensive
age-appropriate PREA education session within 10 days of admission to the facility.
According to the Intake Staff, group settings discussing various topics including
PREA are conducted periodically.
The Intake Staff’s interview and review of documentation reveal residents are
educated regarding their rights to be free from sexual abuse and sexual
harassment, and to be free from retaliation for reporting such incidents. The PREA
education sessions include a review of the PREA brochure. The residents sign
acknowledgement statements confirming their receipt of the PREA information. A
review of documentation showing dates and indicating residents’ participation in
PREA education sessions confirmed the PREA education sessions occur; however,
the residents were not aware of the services provided by the victim advocacy
agency. An advocacy agency representative, employee of Refuge House
Incorporated, provided a refresher to all residents at the facility. Documentation of
the sessions conducted were provided to the Auditor which included formal training
rosters signed by the residents and instructor. A collection of Refuge House
brochures were used as the curriculum guide for the presentation. The PREA related
information is provided to staff in policies and procedures, training and staff
meetings.
Provision (c):
Current residents who have not received such education shall be educated within
one year of the effective date of the PREA standards and shall receive education
upon transfer to a different facility to the extent that the policies and procedures of
the resident’s new facility differ from those of the previous facility.
Based on the evidence shown documenting the PREA education sessions in
Provisions (a) and (b), and interviews, residents received PREA education and
refresher education sessions. The facility reports that 1206 youths were admitted to
the facility during the past 12 months and that all participated in PREA education
sessions.
Provision (d):
The agency shall provide resident education in formats accessible to all residents,
including those who are limited English proficient, deaf, visually impaired, or
otherwise disabled, as well as to residents who have limited reading skills.
The facility has the capability to provide the PREA education in formats accessible to
all residents including those who may be hearing impaired; Deaf; have intellectual,
psychiatric and speech disabilities; low vision; blind; limited reading, limited English
proficient, and based on the individual need of the resident. The teachers, through
the Leon County Board of Education, are equipped to provide accommodations and
supportive services for residents in the aforementioned areas. Posted PREA
information is in English, French, Creole and Spanish accessible to residents, staff,
contractors, volunteers, and visitors. Staff interviews confirmed residents are not
used as translators or readers for other residents. The mental health staff has the
background to assist in ensuring that the PREA education sessions are beneficial to
all residents.
Provision (e):
The agency shall maintain documentation of resident participation in these
education sessions.
A sample of signed acknowledgement statements were reviewed which support the
residents’ involvement in PREA education sessions. The residents were generally
aware of PREA information, including their rights regarding PREA, how to report
allegations and that they would not be punished for reporting allegations of sexual
abuse or sexual harassment. The Intake Staff was interviewed regarding PREA
education for residents. The staff ensures residents’ receipt of the information,
including the resident signing the acknowledgement statement. The refresher
training was focused specifically on the services provided at Refuge House
Incorporated.
Provision (f):
In addition to providing such education, the agency shall ensure that key
information is continuously and readily available or visible to residents through
posters, resident handbooks, or other written formats.
The PREA education materials provide residents information on how to report
allegations of sexual harassment and sexual abuse. A brochure is provided to each
resident to eliminate incidents of sexual abuse and sexual harassment. The
brochure provides educational information regarding sexual abuse and victims. The
residents revealed they can report allegations of sexual abuse or sexual harassment
by telling a staff member; telling a family member who may report the allegation for
them; access to the hotline to report allegations of sexual abuse or sexual
harassment; or complete a PREA form. Each resident is provided a PREA elated
Brochure.
Staff present the PREA information in a manner that is accessible to all residents. If
needed, the facility has internal and external resources to provide translation
services through staff or LanguageLine Solutions, Inc. for residents who may be
limited English proficient or through Leon County Schools for hearing and visual
impairment services and for residents with other disabilities. The posted information
is consistent throughout the facility and is posted throughout the facility. The
resident handbook also contains PREA information.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with the provision of this standard.
115.334 Specialized training: Investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Training Curriculum
Training Roster
Incident Information/Investigation Summary
PREA Compliance Form
Interviews:
Superintendent
Provision (a) & (b):
Provision (a): In addition to the general training provided to all employees
pursuant to §115.331, the agency shall ensure that, to the extent the agency itself
conducts sexual abuse investigations, its investigators have received training in
conducting such investigations in confinement settings. Provision (b): Specialized
training shall include techniques for interviewing juvenile sexual abuse victims,
proper use of Miranda and Garrity warnings, sexual abuse evidence collection in
confinement settings, and the criteria and evidence required to substantiate a case
for administrative action or prosecution referral.
Agency policy, staff interview and previous interview with investigative staff
provides that investigators to be trained. Administrative investigations are
conducted by the Florida Department of Juvenile Justice (DJJ), Office of Inspector
General (OIG). Regular PREA training is required in addition to the specialized
training regarding conducting administrative investigations. Allegations of sexual
abuse are also referred for investigation to be conducted by law enforcement. The
previous interview with investigative staff and review of agency documents
confirmed administrative investigations are conducted by trained investigators
within the DJJ/OIG. The specialized training includes but is not limited to interviewing
techniques; proper use of Garrity and Miranda warnings; preserving evidence; and
criteria for supporting a finding of substantiated, unsubstantiated or unfounded
Provision (c):
The agency shall maintain documentation that agency investigators have
completed the required specialized training in conducting sexual abuse
investigations.
Specific training records of the administrative investigators are maintained by the
agency. Allegations of sexual abuse are referred to law enforcement and the Florida
Department of Children and Families, in accordance with policy. All allegations of
sexual abuse and sexual harassment are reported to DJJ, Office of Inspector General,
through the Central Communications Center.
Provision (d):
Any State entity or Department of Justice component that investigates sexual abuse
in juvenile confinement settings shall provide such training to its agents and
investigators who conduct such investigations.
The agency provides training to its investigators. Local law enforcement and the
child welfare agency are responsible for training their investigators who conduct
sexual abuse investigations. The agency provides law enforcement investigators
with the PREA Compliance Form which details the PREA requirements for conducting
sexual abuse investigations.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with this standard.
115.335 Specialized training: Medical and mental health care
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Electronic Training Records
Training Curriculum
Interviews:
Medical Staff
Mental Health Staff
Provision (a):
The agency shall ensure that all full- and part-time medical and mental health care
practitioners who work regularly in its facilities have been trained in:
(1) How to detect and assess signs of sexual abuse and sexual harassment;
(2) How to preserve physical evidence of sexual abuse;
(3) How to respond effectively and professionally to juvenile victims of sexual abuse
and sexual harassment; and
(4) How and to whom to report allegations or suspicions of sexual abuse and sexual
harassment.
Policy and procedures provide medical and mental health staff members receive the
regular PREA training as well as the specialized training. Training records document
specialized training for medical and mental health staff members. Specialized
medical and mental health training is provided through SkillPro, the agency's online
training system. Documentation of specialized training was reviewed for all medical
and mental health staff and confirmed during interviews of medical and mental
health staff. The interviews and documentation confirm completion of training which
includes the provisions of the standard.
Provision (b):
If medical staff employed by the agency conduct forensic examinations, such
medical staff shall receive the appropriate training to conduct such examinations.
Forensic examinations are not conducted by the facility’s medical staff as verified
during the medical staff interview. Forensic examinations will be conducted at the
Refuge House Incorporated by a Sexual Assault Nurse Examiner or a Sexual Assault
Forensic Examiner certified examiners.
Provision (c):
The agency shall maintain documentation that medical and mental health
practitioners have received the training referenced in this standard either from the
agency or elsewhere.
The training documents, including training certificates and the interviews with
medical and mental health staff confirmed receipt of the required training.
Provision (d):
Medical and mental health care practitioners shall also receive the training
mandated for employees under Standard 115.331 or for contractors and volunteers
under Standard 115.332, depending upon the practitioner’s status at the agency.
Medical and mental health staff completed the general training that is provided for
all staff members as documented by training documentation.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.341 Obtaining information from residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Facility Operating Procedures 2.02 Classification
Screening for Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB)
Interviews:
Superintendent/PREA Compliance Manager
Staff that Perform Screening for Risk of Victimization and Abusiveness (Risk
Screener)
Residents
Provision (a):
Within 72 hours of the resident’s arrival at the facility and periodically throughout a
resident’s confinement, the agency shall obtain and use information about each
resident’s personal history and behavior to reduce the risk of sexual abuse by or
upon a resident.
Policies provide for each resident to be screened for risk of victimization or
abusiveness prior to room assignment in order to reduce the risk of sexual abuse by
or upon a resident. The interviews and practice (review of sample of VSABs) indicate
the risk assessment is completed on the day of admission. The Risk Screener
revealed the youth is asked questions from the instrument and he pays attention to
the body language and responses. The youth is interviewed to obtain information
about personal history and behavior.
The intake screening instrument, Screening for Vulnerability, Victimization and
Sexually Aggressive Behavior (VSAB), is used to document such assessment. The
interviews revealed the practice of the risk screening being conducted in
accordance with policy. Screening instruments and the interview with the Risk
Screener confirmed the information obtained includes but is not limited to:
Prior sexual victimization or abusiveness;
Resident’s own perception of vulnerability;
Current charges and offense history;
Self-identification of resident;
Intellectual or developmental disabilities;
Physical disabilities;
Mental illness or mental disabilities;
Information regarding relationships with other youth;
Confirmation of size and stature;
Confirmation of Age;
Policy addresses the occurrence and criteria regarding formal reassessments of
residents. It is reported that the number of youths admitted to the facility within the
past 12 months who were screened during the admission process for risk of sexual
victimization and the risk of sexually abusing other residents is 1206.
Provision (b):
Such assessments shall be conducted using an objective screening instrument.
The VSAB is used to obtain the information required by the standard, including but
not limited to prior sexual victimization or abusiveness; self-identification; current
charges and offense history; intellectual or developmental disabilities; and a
resident’s concern regarding his own safety. The interview and review of policies
and procedures revealed how the objective instrument is administered to obtain
information to assist staff in keeping residents safe.
The responses on the instrument accumulate a score and the risk level is
determined by definition and the corresponding number or weight to that definition.
The screening instrument is rules-based which contributes to its objectivity.
Provision (c):
At a minimum, the agency shall attempt to ascertain information about:
(1) Prior sexual victimization or abusiveness;
(2) Any gender nonconforming appearance or manner or identification as lesbian,
gay, bisexual, transgender, or intersex, and whether the resident may therefore be
vulnerable to sexual abuse;
(3) Current charges and offense history;
(4) Age;
(5) Level of emotional and cognitive development;
(6) Physical size and stature;
(7) Mental illness or mental disabilities;
(8) Intellectual or developmental disabilities;
(9) Physical disabilities;
(10) The residents own perception of vulnerability; and
(11) Any other specific information about individual residents that may indicate
heightened needs for supervision, additional safety precautions, or separation from
certain other residents.
The Auditor reviewed a sample of VSABs during the document review prior to the
onsite audit and during the onsite audit phase. The review of the VSAB screening
instrument revealed it includes the areas required by this provision of the standard.
The interview with the Risk Screener confirmed awareness of the elements of the
risk screening instrument. The resident interviews also confirmed the administration
of the screening instrument.
Provision (d):
This information shall be ascertained through conversations with the resident during
the intake process and medical and mental health screenings; during classification
assessments; and by reviewing court records, case files, facility behavioral records,
and other relevant documentation from the resident’s files.
The staff and resident interviews are aligned with the policy and procedures. The
review of the instrument and interview with the Risk Screener confirmed the
information is ascertained through conversations through the asking of the
questions contained on the instrument. Resident interviews also revealed the
instrument is used. Additional screening instruments are used and based on the
needs of the resident.
Provision (e):
The agency shall implement appropriate controls on the dissemination within the
facility of responses to questions asked pursuant to this standard in order to ensure
that sensitive information is not exploited to the resident’s detriment by staff or
other residents.
Policies and procedures provide for appropriate controls to be taken to ensure that
sensitive information is protected and not exploited. The completed VSABs are
maintained in a confidential and secure manner electronically.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.342 Placement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
FOP Admissions
FOP Classification
FOP Alerts
Interviews:
Superintendent/PREA Compliance Manager
Staff that Perform Screening for Risk of Victimization and Abusiveness (Risk
Screener)
Residents
Random Staff
Provision (a):
The agency shall use all information obtained pursuant to § 115.341 and
subsequently to make housing, bed, program, education, and work assignments for
residents with the goal of keeping all residents safe and free from sexual abuse.
The facility requires victimization screening information to be used to determine a
resident’s room assignment and room’s proximity to direct care staff to ensure
resident’s safety. The facility also utilizes Classification Alerts to ensure that direct-
care staff are advised if the resident is identified as being at-risk for victimization or
posing a risk for perpetrating abuse.
Policy provides guidance to staff regarding the use of the information obtained from
the vulnerability assessment. The staff interviews and information obtained
thorough 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 aforementioned completed screening instrument.
The facility also uses additional screening instruments to measure risks.
Provision (b):
Residents may be isolated from others only as a last resort when less restrictive
measures are inadequate to keep them and other residents safe, and then only until
an alternative means of keeping all residents safe can be arranged. During any
period of isolation, agencies shall not deny residents daily large-muscle exercise and
any legally required educational programming or special education services.
Residents in isolation shall receive daily visits from a medical or mental health care
clinician. Residents shall also have access to other programs and work opportunities
to the extent possible.
Agency policy supports that any use of segregated housing to protect a resident
who is alleged to have suffered sexual abuse shall comply with § 115.342 and the
provision (a). At no time will any client be denied any legally required educational
programs, special education services, daily large-muscle exercise, or medical/
mental health care. At risk residents may only be placed in isolation in an
emergency situation, and only as a last resort if less restrictive measures are
inadequate to keep the resident safe.
No residents were determined to be at risk of sexual victimization and that were
placed in isolation in the 12 months preceding the audit. The interview with the
Superintendent Provided that the facility has not used isolation for protective
custody. The policy is inclusive of this provision if there were to be an emergency
situation. The use of any type isolation is documented. The residents’ rights to daily
large-muscle exercise and any legally required educational programming or special
education services is provided during isolation.
Provision (c):
Lesbian, gay, bisexual, transgender, or intersex residents shall not be placed in
particular housing, bed, or other assignments solely on the basis of such
identification or status, nor shall agencies consider lesbian, gay, bisexual,
transgender, or intersex identification or status as an indicator of likelihood of being
sexually abusive.
The facility precludes lesbian, gay, bi-sexual, transgender and intersex residents
from being placed in a particular module and states LGBTI identification or status is
not an indicator of likelihood of being sexually abusive. Transgender or intersex
resident’s own view with respect to his/her safety will be given serious
consideration. During the site review, there were no rooms or areas observed to be
reserved for transgender or intersex residents. The interview with the
Superintendent and observation during the site review revealed there is no special
housing based on how a resident identifies.
Provision (d):
In deciding whether to assign a transgender or intersex resident to a facility for
male or female residents, and in making other housing and programming
assignments, the agency shall consider on a case-by-case basis whether a
placement would ensure the resident’s health and safety, and whether the
placement would present management or security problems.
Policy supports that housing and program assignments for transgender or intersex
residents will be made on a case-by-case basis and these residents will not be
placed in particular or special housing which was evident from staff interviews.
There were no transgender or intersex residents in the facility during the site review.
The Risk Screener and Superintendent confirmed the facility will consider on a case-
by-case basis whether a placement will ensure the resident’s health and safety, and
whether the placement will present management or security problems.
Provision (e):
Placement and programming assignments for each transgender or intersex resident
shall be reassessed at least twice each year to review any threats to safety
experienced by the resident.
Policy provides that placement and programming assignments for each transgender
or intersex resident shall be reassessed at least twice each year if they remain in
detention for that long. This function would be done to review any threats to safety
experienced by the resident. The Intake staff confirmed each transgender or
intersex resident would be reassessed at least twice each year to review any threats
to safety experienced by the resident.
Provision (f):
A transgender or intersex resident’s own views with respect to his or her own safety
shall be given serious consideration.
The resident’s concern for his own safety is taken into account through the
administration of the VSAB. The residents confirmed in the interviews, they are
asked about their own safety concern. This concern in reviewed during treatment
team meetings according to some residents. There were no transgender or intersex
residents in the facility during the site review.
Provision (g):
Transgender and intersex residents shall be given the opportunity to shower
separately from other residents.
Transgender and intersex residents will be given the opportunity to shower
separately from other youth. The policy also states isolation or room restriction may
be used as a last resort when less restrictive measures are inadequate to ensure
youths safety and only until an alternative means of keeping all youth safe can be
arranged.
Provision (h):
If a resident is isolated pursuant to paragraph (b) of this section, the facility shall
clearly document:
(1) The basis for the facility’s concern for the resident’s safety; and
(2) The reason why no alternative means of separation can be arranged.
The Policy states if a resident is isolated pursuant to part (B.2.) of this section, the
facility shall document:
a. The basis for the facility’s concern for the resident’s safety; and
b. The reason why no alternative means of separation can be arranged.
No residents at risk of sexual victimization were placed in isolation in the 12 months
preceding the audit. Interviews with the Superintendent/PREA Compliance Manager
confirmed the facility has not used isolation for this purpose. The policy is inclusive
of this provision if there were to be an emergency situation. The isolation/separation
will be documented according to the provisions of the policy and standard.
Provision (i):
Every 30 days, the facility shall afford each resident described in paragraph (h) of
this section a review to determine whether there is a continuing need for separation
from the general population.
There is not a practice of separating residents from the general population for 30
days. No residents at risk of sexual victimization were placed in isolation in the 12
months preceding the audit. Interviews with the Superintendent/PREA Compliance
Manager confirmed the facility has not used isolation for this purpose.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.351 Resident reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Agency Policy (Chapter 63 F-11), Central Communications Center
Facility Operating Procedures (FOP) 3.01, Abuse-Free Environment
FOP 3.09, PREA
Grievance Form
PREA Incident Reporting Form
Agency Website, Third Party Reporting Information
Brochures
U. S. Citizenship and Immigration Services Notice
Investigative Report
PREA Multilingual Posters
Advocacy Agency Representative
Interviews:
Random Staff
Residents
Superintendent/PREA Compliance Manager
Provision (a):
The agency shall provide multiple internal ways for residents to privately report
sexual abuse and sexual harassment, retaliation by other residents or staff for
reporting sexual abuse and sexual harassment, and staff neglect or violation of
responsibilities that may have contributed to such incidents.
Multiple internal ways for reporting exists for residents and for residents to privately
report. Interviews with residents revealed the multiple ways including staff,
completing a written form and placing it in a secure drop box, and utilizing the
abuse hotline. Policy, procedures and interviews verify the multiple ways a resident
may report allegations of sexual abuse and sexual harassment, including how he/
she can privately report sexual abuse and sexual harassment; retaliation for
reporting; and staff neglect or violations of responsibilities that may have
contributed to such.
Residents may report allegations of sexual abuse or sexual harassment by
telephone through the 24-hour Florida abuse reporting hotline which is not a part of
the facility/agency as confirmed by interviews; observations; policy and procedures;
posters and other posted information. Some of the interviews revealed residents
may use the telephone to privately report sexual abuse and sexual harassment. The
victim advocacy agency, Refuge House Incorporated was contacted to determine
the scope of services provided. An agency representative described the services
available to the residents that are aligned with the Standards including
accompaniment, emotional support, and referral services.
Help request forms, such as sick call and grievance, may also be used to report
allegations of sexual abuse and sexual harassment. If a resident uses a grievance
form to report allegations of sexual abuse or sexual harassment, he/she just needs
to place his/her name on the form, check the appropriate space and place it in the
locked box. The one allegation was received by staff written on a grievance form.
The resident receives information through PREA education sessions regarding
reporting allegations of sexual abuse and sexual harassment. Posted information
and other printed materials, including ways to report allegations of sexual abuse,
are available and accessible to residents. Posters are located in the living units and
other areas visible to residents, staff, contractors and visitors. Residents revealed
they have contact with someone who does not work at the facility such as a family
member or other person they could report abuse to if needed. Staff members
receive information on how to report allegations of sexual abuse or sexual
harassment through policies and procedures, training, and staff meetings
Provision (b):
The agency shall also provide at least one way for residents to report abuse or
harassment to a public or private entity or office that is not part of the agency and
that is able to receive and immediately forward resident reports of sexual abuse and
sexual harassment to agency officials, allowing the resident to remain anonymous
upon request. Residents detained solely for civil immigration purposes shall be
provided information on how to contact relevant consular officials and relevant
officials at the Department of Homeland Security.
Policy and procedures require residents to have one way of reporting sexual abuse
and sexual harassment to a public or private entity or office that is not a part of the
agency. Residents may call the Florida Abuse Hotline to report allegations of sexual
abuse and sexual harassment. Residents may request to use a telephone with some
degree of privacy to call the hotline without having to explain the contents of the
call to staff. Policy and procedures mandate staff not to question residents about the
reason for the call.
Signs are posted explaining how to access the help agencies, including the Sheriff’s
Office. The resident is also instructed on the signage to dial 911 for emergencies.
Direct care staff revealed staff could use the abuse hotline to report allegations of
abuse and it was revealed that staff may also call 911. One allegation was
investigated regarding staff on youth sexual abuse; the investigation revealed that
the allegation was unsubstantiated. The facility does not detain residents solely for
civil immigration purposes.
Provision (c):
Staff shall accept reports made verbally, in writing, anonymously, and from third
parties and shall promptly document any verbal reports.
The staff interviews confirmed the methods available to residents for reporting
allegations of sexual abuse and sexual harassment. Staff members are required to
accept third-party reports and to document verbal reports. The resident interviews
demonstrated their familiarity with the various ways they may report either in
person, in writing, tell staff, by telephone, or through a third-party. The residents
were aware third-party reports may be made and that reports may also be made
anonymously. Staff members interviewed were aware of their duty to receive and
document third-party reports. Information is posted in the facility to facilitate third-
party reporting and such information is accessible on the agency website.
Provision (d):
The facility shall provide residents with access to tools necessary to make a written
report.
Writing materials are available for residents to complete the forms, as mandated by
policy. The interviews with staff and residents and observations confirmed the
accessibility of writing utensils.
Provision (e):
The agency shall provide a method for staff to privately report sexual abuse and
sexual harassment of residents.
The staff interviews revealed staff can privately report allegations of sexual abuse.
The interviews collectively identified the following ways a report may be made
privately, including but not limited to: Florida Abuse Hotline; call 911; complete a
PREA Incident Reporting Form; Call the agency's Central Communication Center; or
talk to the shift supervisor in private.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.352 Exhaustion of administrative remedies
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Grievance Forms
Interview:
Superintendent/PREA Compliance Manager
PREA Coordinator
When a grievance is received regarding sexual abuse or sexual harassment, the
policy and procedures for reporting allegations of sexual abuse and sexual
harassment are initiated and a report is made as required by policy. The grievance
system does not include a process for the facility staff to investigate or resolve
allegations of sexual abuse or sexual harassment. When an allegation of sexual
abuse or sexual harassment is placed on a grievance form, the content of the
grievance is reported to the agency's Central Communications Center and the
Florida Department of Children and Families, and/or local law enforcement. The one
allegation was reported in writing on a grievance form. The allegation was reported
by staff to all investigative entities.
Resident access to outside confidential support services and legal
115.353
representation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
FOP 3.08, Mail/Telephone Use/Visitation
Correspondence, Refuge House Incorporated (Victim Advocacy Agency)
Brochures
Posted Multilingual Information
U. S. Citizenship and Immigration Services Notice
Acknowledgement Statements
Training Rosters
Interviews:
Residents
Superintendent/PREA Compliance Manager
Advocacy Agency Representatives
Provision (a):
The facility shall provide residents with access to outside victim advocates for
emotional support services related to sexual abuse, by providing, posting, or
otherwise making accessible mailing addresses and telephone numbers, including
toll free hotline numbers where available, of local, State, or national victim
advocacy or rape crisis organizations, and, for persons detained solely for civil
immigration purposes, immigrant services agencies. The facility shall enable
reasonable communication between residents and these organizations and
agencies, in as confidential a manner as possible.
The facility ensures residents are provided access to outside confidential support
services. The facility is in the process of establishing a Memorandum of
Understanding (MOU) with the Refuge House Incorporated which provides the
following: a 24/7 hotline staffed by victim advocates; victim advocates to respond to
requests for advocacy and accompaniment during forensic medical examination and
investigative interview; counselling; follow- up support; and referral for treatment
after release or transfer to another facility. Signs containing the Refuge House Rape
Crisis Center hotline number and basic information about the services were
observed posted in the facility.
Contact information for advocacy services is a part of the PREA education sessions
and information is provided through signs and posters in various parts of the facility.
However, fifty percent of the residents interviewed were not aware of the services
provided by the victims advocacy agency. The Superintendent implemented a
corrective action which provided refresher education sessions to residents to review
the services provided by Refuge House Incorporated. Documentation of the sessions
conducted was provided to the Auditor which included formal training rosters
containing the signatures of residents. An advocacy agency representative provided
the education refresher sessions onsite with the residents during the post onsite
audit phase and provided related printed material. The hotline telephone number
for the advocacy agency was tested by the Auditor and deemed in working order.
The response from the operator was prompt and very informative regarding the
available services and response to an alleged victim.
Provision (b):
The facility shall inform residents, prior to giving them access, of the extent to
which such communications will be monitored and the extent to which reports of
abuse will be forwarded to authorities in accordance with mandatory reporting laws.
Confidentiality of the advocacy support services is included on the posted
information. Medical and mental health staff provide notices to the residents
regarding their limitations of confidentiality and their duty to report. An
acknowledgement statement which includes information regarding reporting
allegations is signed by the resident during the intake process and by the staff
providing the PREA education. Samples of acknowledgement statements were
reviewed by the Auditor.
Provision (c):
The agency shall maintain or attempt to enter into memoranda of understanding or
other agreements with community service providers that are able to provide
residents with confidential emotional support services related to sexual abuse. The
agency shall maintain copies of agreements or documentation showing attempts to
enter into such agreements.
The facility is working on the formulation of a MOU with the advocacy agency. The
access and availability of services are not hindered as evidenced by a
representative providing PREA education at the facility with the residents. There is
correspondence regarding the presentation to the residents between the
Superintendent and an agency representative. The 24/7 hotline services and other
advocacy services are available to the residents at the Leon Regional Juvenile
Detention Center. The Superintendent confirmed the availability and accessibility of
outside confidential support services to residents.
Provision (d):
The facility shall also provide residents with reasonable and confidential access to
their attorneys or other legal representation and reasonable access to parents or
legal guardians.
The interviews and policies and procedures confirm residents have access to
attorneys and court workers and reasonable access to their parents/legal guardians.
The comprehensive site review revealed areas where residents can meet privately
with a legal representative and the visitation area for visits with family members. All
residents interviewed stated family may visit and they provided the days and times
of visitation and for telephone calls. The Superintendent confirmed the facility
provides residents with reasonable and confidential access to their attorneys or
court representatives and reasonable access to parents or legal guardians.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.354 Third-party reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Agency Website
Multilingual Posters
Interviews:
Random Staff
Residents
§115.354
The agency shall establish a method to receive third-party reports of sexual abuse
and sexual harassment and shall distribute publicly information on how to report
sexual abuse and sexual harassment on behalf of a resident.
The agency's website provides the public with information regarding third-party
reporting of sexual abuse and sexual harassment on behalf of a resident. Resident
interviews revealed their awareness of reporting sexual abuse and sexual
harassment to others outside of the facility, if needed, including to family members
or other persons that the resident has contact with through telephone calls or
visitation. Policy and procedures address third-party reporting and interviews
revealed random staff members are aware third-party reporting of sexual abuse and
sexual harassment may be done and stated they will be accepted and reported.
The interviews revealed that residents may report allegations of sexual abuse and
sexual harassment in writing, anonymously, and through third parties. The residents
interviewed stated they knew someone who did not work at the facility they could
report to regarding allegations of sexual abuse and that person could make a report
for them. The interviews with the residents revealed their knowledge of third-party
reporting. Information regarding reporting is provided through observed postings
located in various areas of the facility accessible to visitors, residents, staff,
contractors and volunteers.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance regarding third-party reporting.
115.361 Staff and agency reporting duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Florida Statute: Chapter 39, Section 201
Multilingual Posters
Interviews:
Random Staff
Medical Staff
Mental Health Staff
Superintendent/PREA Compliance Manage
Provision (a) & (b):
Provision (a): The agency shall require all staff to report immediately and
according to agency policy any knowledge, suspicion, or information they receive
regarding an incident of sexual abuse or sexual harassment that occurred in a
facility, whether or not it is part of the agency; retaliation against residents or staff
who reported such an incident; and any staff neglect or violation of responsibilities
that may have contributed to an incident or retaliation. Provision (b): The agency
shall also require all staff to comply with any applicable mandatory child abuse
reporting laws.
Collectively, the State law, policy and procedures support that all staff report any
knowledge, suspicion, information, or receipt of information regarding an incident or
allegation of sexual abuse, sexual harassment or incidents of retaliation. Staff
members are deemed as mandated reporters by the State. Trained agency
investigators conduct administrative investigations and allegations that are criminal
in nature are investigated by trained local law enforcement investigators. The
facility and agency policies and procedures provide guidance to staff on reporting
allegations of sexual abuse and sexual harassment and the duties of the first
responder.
Staff members are required to report any allegation of sexual misconduct to the
Central Communications Center (CCC). Policy provides that staff is prohibited from
revealing any related information to anyone other than those persons making
treatment, investigation, security, or management decisions. This information
should be reported to the CCC, Department of Children and Families Abuse Registry,
and local law enforcement. Mandated reporters must also report retaliation against
residents or staff who reported allegations; and any staff neglect or violation of
responsibilities that may have contributed to an incident or retaliation.
Provision (c):
Apart from reporting to designated supervisors or officials and designated State or
local services agencies, staff shall be prohibited from revealing any information
related to a sexual abuse report to anyone other than to the extent necessary, as
specified in agency policy, to make treatment, investigation, and other security and
management decisions.
According to policy, after allegations have been appropriately reported, staff must
not give out any other information relating to what was reported except when
necessary to obtain treatment for the resident, aid in the investigation, or help
retain the security of the facility. Staff is expected to continue to abide by the
confidentiality requirements of the facility. Interviews with staff indicated their
knowledge of the prohibition of revealing any information related to a sexual abuse
report to anyone other than to the extent necessary to make treatment,
investigation, and other security and management decisions.
Provision (d):
(1) Medical and mental health practitioners shall be required to report sexual abuse
to designated supervisors and officials pursuant to paragraph (a) of this section, as
well as to the designated State or local services agency where required by
mandatory reporting laws.
(2) Such practitioners shall be required to inform residents at the initiation of
services of their duty to report and the limitations of confidentiality.
The medical and mental health staff interviewed stated residents are informed at
the initiation of services of the limitations of confidentiality and the duty of the staff
members to report. The clinical staff interviewed revealed they are mandated
reporters. They also indicated informed consent would be documented for a
resident 18 years old and over regarding reporting allegations of sexual abuse that
did not occur in an institutional setting.
Provision (e):
(1) Upon receiving any allegation of sexual abuse, the facility head or his or her
designee shall promptly report the allegation to the appropriate agency office and
to the alleged victim’s parents or legal guardians, unless the facility has official
documentation showing the parents or legal guardians should not be notified.
(2) If the alleged victim is under the guardianship of the child welfare system, the
report shall be made to the alleged victim’s caseworker instead of the parents or
legal guardians.
(3) If a juvenile court retains jurisdiction over the alleged victim, the facility head or
designee shall also report the allegation to the juvenile’s attorney or other legal
representative of record within 14 days of receiving the allegation.
Reports of allegations of sexual abuse will be made by the facility Superintendent/
designee which includes but is not limited to the agency's Central Communications
Center (CCC), Florida Abuse Hotline and Leon County Sheriff’s Office. The interview
with the Superintendent confirmed if the resident is under the custody of a child
welfare agency, the Case Worker will be notified. The Department of Juvenile Justice
receives notice through the contact with the CCC; attorney's of record will be
notified where indicated.
Provision (f):
The facility shall report all allegations of sexual abuse and sexual harassment,
including third-party and anonymous reports, to the facility’s designated
investigators.
In accordance with policies and procedures, all allegations of sexual abuse and
sexual harassment information should be reported to the CCC, Department of
Children and Families Abuse Registry, and local law enforcement. Staff interviews
support the standard requirement. Third-party and anonymous reports received
must be reported and documented by staff as confirmed through random staff
interviews. The interviews confirmed that all allegations are reported in accordance
with agency policy.
Conclusion:
Based on the available information, the Auditor determined the facility is compliant
with this standard.
115.362 Agency protection duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Superintendent/PREA Compliance Manager
Random Staff
Random Residents
§115.362
When an agency learns that a resident is subject to a substantial risk of imminent
sexual abuse, it shall take immediate action to protect the resident.
The staff is required to protect the residents through implementing protective
measures. Administration of the risk screening instrument provides information that
assists and guide staff in keeping residents safe through housing and program
assignments. Additional assessment instruments provide information which offer
supporting information in determining the risk level of each resident. The interviews
revealed protective measures include but are not limited to separating youth and
reporting the information to administrators, supervisors and other staff.
During the intake process, residents are asked about how they feel about their
safety as part of the inquiries by staff completing the Screening for Vulnerability,
Victimization and Sexually Aggressive Behavior. No resident was identified to be at
substantial risk of imminent sexual abuse in the past 12 months. The interviews
with the residents revealed during the intake process, how they feel about their
safety is part of the inquiries by staff in completing paperwork. A review of a sample
of Vulnerability Assessments supports the information provided by residents.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.363 Reporting to other confinement facilities
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Superintendent/PREA Compliance Manager
Provisions (a)-(d):
Provision (a): Upon receiving an allegation that a resident was sexually abused
while confined at another facility, the head of the facility that received the
allegation shall notify the head of the facility or appropriate office of the agency
where the alleged abuse occurred and shall also notify the appropriate investigative
agency. Provision (b): Such notification shall be provided as soon as possible, but
no later than 72 hours after receiving the allegation. Provision (c): The agency
shall document that it has provided such notification. Provision (d): The facility
head or agency office that receives such notification shall ensure that the allegation
is investigated in accordance with these standards.
If an allegation of sexual abuse is received that a resident was sexually abused
while confined at another facility, the Superintendent/PREA Compliance Manager
will notify the head of the facility where the alleged abuse occurred. The notification
will be made as soon as possible and within 72 hours in accordance with policy. The
Superintendent is also required to make a report to the Central Communications
Center. The policy and interview support that allegations of sexual abuse or sexual
harassment from a resident regarding their stay in another facility will be reported
and investigated as required. In the past 12 months, there were no allegations
reported of sexual abuse occurring at another facility.
Conclusion:
Based upon the information received and interviews, the Auditor determined the
facility is compliant with this standard.
115.364 Staff first responder duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Random Staff
Provision (a):
Upon learning of an allegation that a resident was sexually abused, the first staff
member to respond to the report shall be required to:
(1) Separate the alleged victim and abuser;
(2) Preserve and protect any crime scene until appropriate steps can be taken to
collect any evidence;
(3) If the abuse occurred within a time period that still allows for the collection of
physical evidence, request that the alleged victim not take any actions that could
destroy physical evidence, including, as appropriate, washing, brushing teeth,
changing clothes, urinating, defecating, smoking, drinking, or eating; and
(4) If the abuse occurred within a time period that still allows for the collection of
physical evidence, ensure that the alleged abuser does not take any actions that
could destroy physical evidence, including, as appropriate, washing, brushing teeth,
changing clothes, urinating, defecating, smoking, drinking, or eating.
Agency policy and the FOP provide that upon learning of an allegation that a
resident was sexually abused, the first security-level staff member to respond to the
report shall be required to:
a. Separate the alleged victim and abuser;
b. Preserve and protect any crime scene until appropriate steps can be taken to
collect any evidence;
c. If the abuse occurred within a time period that still allows for the collection of
physical evidence, request that the alleged victim not take any actions that could
destroy physical evidence.
The interviews with staff confirmed awareness of first responder duties and the
training provided. There were no substantiated allegations of sexual abuse in the
past 12 months. There was not a need for first responder intervention.
Provision (b):
If the first staff responder is not a security staff member, the responder shall be
required to request that the alleged victim not take any actions that could destroy
physical evidence, and then notify security staff.
The non-security staff who may act as a first responder are directed to request that
physical evidence be preserved and to contact direct care staff for assistance. There
were no allegations or incidents where a non-security staff member had to act as a
first responder in the last 12 months.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.365 Coordinated response
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Leon Regional Juvenile Detention Center Coordinated Response Plan
Interviews:
Superintendent/PREA Compliance Manager
Random Staff
§115.365
The facility shall develop a written institutional plan to coordinate actions taken in
response to an incident of sexual abuse among staff first responders, medical and
mental health practitioners, investigators, and facility leadership.
FDJJ Policy 1919 PREA and the FOP require the development of a written plan to
coordinate actions taken in response to an incident of sexual abuse among staff first
responders, medical, and facility leadership. The facility’s coordinated response plan
was reviewed and found in compliance with the standard. Interviews with the
Superintendent and random staff revealed they are knowledgeable of their duties in
response to an allegation of sexual abuse. The random staff interviewed was
familiar with the roles regarding the response to an allegation of sexual abuse. The
Superintendent discussed the coordinated actions in response to an incident of
sexual abuse which were aligned with policy and procedures.
Forensic medical examinations will be provided free of charge to the victim at the
Refuge House Incorporated or another facility, based on the age of the resident, by
a Sexual Assault Nurse Examiner (SANE). The Center has 24/7 access to a SANE
provider. A qualified medical professional shall perform a forensic medical
examination if there is no SANE available. The victim will be provided unimpeded
access to crisis intervention and medical services.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility complies with the provisions of the standard.
Preservation of ability to protect residents from contact with
115.366
abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document Reviewed:
Master Contract
Interview:
Superintendent
Agency policy and the Master Contract do not limit 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.
Conclusion:
The facility is compliant with this standard.
115.367 Agency protection against retaliation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Retaliation Monitoring Forms
Interviews:
Retaliation Monitor
Superintendent/PREA Compliance Manager
Provision (a):
The agency shall establish a policy to protect all residents and staff who report
sexual abuse or sexual harassment or cooperate with sexual abuse or sexual
harassment investigations from retaliation by other residents or staff and shall
designate which staff members or departments are charged with monitoring
retaliation.
FDJJ Policy 1919 PREA and Leon RJDC 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. One of the
facility’s Captains serves as the Retaliation Monitor and his interview revealed he is
knowledgeable of the position’s responsibilities. Multiple measures regarding staff
are monitored such as as housing changes, transfers, and staff assignments. A
dedicated form is used to monitor retaliation. There was one case during this audit
period where retaliation monitoring was conducted in accordance with policy and
procedures.
Provision (b):
The agency shall employ multiple protection measures, such as housing changes or
transfers for resident victims or abusers, removal of alleged staff or resident
abusers from contact with victims, and emotional support services for residents or
staff who fear retaliation for reporting sexual abuse or sexual harassment or for
cooperating with investigations.
Agency policy and the Retaliation Monitor's interview collectively identify 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 protects residents and staff from retaliation for
sexual abuse and sexual harassment allegations. Protective measures available
include housing changes, transfers, removing alleged abusers, and emotional
support services.
Provision (c):
For at least 90 days following a report of sexual abuse, the agency shall monitor the
conduct or treatment of residents or staff who reported the sexual abuse and of
residents who were reported to have suffered sexual abuse to see if there are
changes that may suggest possible retaliation by residents or staff and shall act
promptly to remedy any such retaliation. Items the agency should monitor include
any resident disciplinary reports, housing, or program changes, or negative
performance reviews or reassignments of staff. The agency shall continue such
monitoring beyond 90 days if the initial monitoring indicates a continuing need.
Policy states the monitoring will occur for at least 90 days to see if there are any
changes that may suggest possible retaliation is occurring. It is the responsibility of
the Retaliation Monitor to act promptly to remedy the situation. He monitors
resident disciplinary reports, housing or program changes, or negative performance
reviews, and/or reassignments of staff. The monitoring lasts for the duration of the
youth's stay and continues beyond ninety (90) days, if a resident remains in
detention that long. There have been no incidents of retaliation during the 12
months preceding the audit. The Retaliation Monitor explained during the interview
how he discharge those duties, including monitoring the items identified in the
standard.
Provision (d):
In the case of residents, such monitoring shall also include periodic status checks.
The Retaliation Monitor indicated status checks are initiated with staff and residents
in accordance with policy and procedures. The Retaliation Monitoring Form is used
to document the status checks as well as the ongoing motoring; samples were
reviewed by the Auditor.
Provision (e):
If any other individual who cooperates with an investigation expresses a fear of
retaliation, the facility shall take appropriate measures to protect that individual
against retaliation.
If any other individual who cooperates with an investigation expresses the
occurrence of retaliation from another resident or staff member, the Retaliation
Monitor will take appropriate measures to protect that individual against retaliation.
Provision (f):
An agency’s obligation to monitor shall terminate if the agency determines that the
allegation is unfounded.
The facility’s obligation to monitor terminates if it is determined the allegation is
unfounded, in accordance with policy.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.368 Post-allegation protective custody
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Superintendent/PREA Compliance Manager
Mental Health Staff
Medical Staff
§115.368
Any use of segregated housing to protect a resident who is alleged to have suffered
sexual abuse shall be subject to the requirements of §115.342.
FDJJ Policy 1919 PREA and Leon RJDC FOP PREA provides that residents may be
isolated from others only as a last resort when less restrictive measures are
inadequate to keep them and other residents safe, and then only until an alternative
means of keeping a resident safe can be arranged. During the isolation period, the
resident must have access to daily large muscle activities and legally required
educational programming or special education services. FOP 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. According
to the Superintendent, isolation or segregated housing has not been used to protect
a resident who alleged sexual abuse. The medical and mental health staff stated
they were not aware of an incident regarding sexual abuse. The clinical staff
confirmed that a resident in protective custody will be visited at least daily.
Conclusion:
Based upon the review and analysis of Policy, interviews and observations, the
Auditor determined the facility is compliant with this standard.
115.371 Criminal and administrative agency investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Superintendent/PREA Compliance Manager
Random Staff
Provision (a):
When the agency conducts its own investigations into allegations of sexual abuse
and sexual harassment, it shall do so promptly, thoroughly, and objectively for all
allegations, including third-party and anonymous reports.
The administrative investigations are conducted by the investigators with the
Florida Department of Juvenile Justice (DJJ), Office of the Inspector General (OIG).
Based on policies and other documentation and interviews, trained investigators
conduct administrative investigations as prescribed by policy. Allegations that are
criminal in nature are referred to local law enforcement and the Florida Department
of Children and Families and all allegations are reported through the Central
Communications Center and the Florida Abuse Registry. Investigations are
conducted in accordance with policy, procedures and staff training.
Provisions (b) & (c):
Provision (b): Where sexual abuse is alleged, the agency shall use investigators
who have received special training in sexual abuse investigations involving juvenile
victims pursuant to § 115.334. Provision (c): Investigators shall gather and
preserve direct and circumstantial evidence, including any available physical and
DNA evidence and any available electronic monitoring data; shall interview alleged
victims, suspected perpetrators, and witnesses; and shall review prior complaints
and reports of sexual abuse involving the suspected perpetrator.
The agency's investigative staff is trained through the OIG. Based on a previous
interview with investigative staff, the investigator gathers direct and circumstantial
evidence that includes but is not limited to reviewing video; gathering witness
statements; listening to any related telephone calls; and reviewing logs. The law
enforcement investigator and/or qualified medical practitioner are responsible for
collecting direct physical and DNA evidence. The facility staff and DJJ investigators
are trained on how to assist in preserving evidence. The agency provides each
facility with the PREA Form which is provided to law enforcement investigators
referencing the PREA standards regarding conducting investigations in accordance
with the standards. The DJJ investigators follow the OIG guidelines governing PREA
related investigations, in accordance with policy.
Provision (d):
The agency shall not terminate an investigation solely because the source of the
allegation recants the allegation.
The interviews and policy confirm the provision that an investigation is not
terminated if the source recants an allegation of sexual abuse or sexual
harassment. This practice was verified by a previous interview with investigative
staff.
Provision (e):
When the quality of evidence appears to support criminal prosecution, the agency
shall conduct compelled interviews only after consulting with prosecutors as to
whether compelled interviews may be an obstacle for subsequent criminal
prosecution.
The agency investigators do not conduct compelled interviews.
Provision (f):
The credibility of an alleged victim, suspect, or witness shall be assessed on an
individual basis and shall not be determined by the person’s status as resident or
staff. No agency shall require a resident who alleges sexual abuse to submit to a
polygraph examination or other truth-telling device as a condition for proceeding
with the investigation of such an allegation.
The credibility of an alleged victim, suspect, or witness is assessed on an individual
basis and is not determined by the person’s status as a resident or staff as
supported by the interviews of the administrators and a previous interview with
investigative staff, training, and in accordance with policy. No resident who alleges
sexual abuse will be subjected to a polygraph examination or other truth telling
device as a condition for proceeding with the investigation of the allegation.
Provisions (g) & (h):
Provision (g): Administrative investigations: (1) Shall include an effort to
determine whether staff actions or failures to act contributed to the abuse; and (2)
Shall be documented in written reports that include a description of the physical and
testimonial evidence, the reasoning behind credibility assessments, and
investigative facts and findings. Provision (h): Criminal investigations shall be
documented in a written report that contains a thorough description of physical,
testimonial, and documentary evidence and attaches copies of all documentary
evidence where feasible.
The interviews revealed that PREA investigations include an effort to determine
whether staff actions or failures to act contributed to the abuse. Investigations in all
facilities are completed with written reports that include a description of the
evidence and investigative facts and findings as gleaned from review of
investigation reports completed by agency investigators and a previous interview
with investigative staff.
Provision (I):
Substantiated allegations of conduct that appears to be criminal shall be referred for
prosecution.
The agency investigators do not conduct criminal investigations. It is the
responsibility of local law enforcement personnel to refer cases for prosecution.
Provision (j):
The agency shall retain all written reports referenced in paragraphs (g) and (h) of
this section for as long as the alleged abuser is incarcerated or employed by the
agency, plus five years, unless the abuse was committed by a juvenile resident and
applicable law requires a shorter period of retention.
The written investigative reports are maintained for as long as the alleged abuser is
incarcerated or employed by the agency, plus five years as stated in policy.
Provision (k):
The departure of the alleged abuser or victim from the employment or control of the
facility or agency shall not provide a basis for terminating an investigation.
A previous interview with investigative staff and the interviews with the
administrators confirmed that upon the start of an investigation, it will not end until
the investigation has been completed. The departure of the alleged abuser or victim
from the employment or control of the facility will not terminate the investigation.
Provision (l):
Any State entity or Department of Justice component that conducts such
investigations shall do so pursuant to the above requirements.
The investigative agencies are aware of the PREA standards requirements through
the initial sharing of PREA information, PREA Compliance Form, and subsequent
interactions with facility administrators. The Department of Justice does not conduct
investigations in this facility or agency.
Provision (m):
When outside agencies investigate sexual abuse, the facility shall cooperate with
outside investigators and shall endeavor to remain informed about the progress of
the investigation.
The agency investigators do not conduct criminal investigations. The Leon County
Sheriff’s Office and the Florida Department of Children and Families cooperatively
conduct criminal investigations. The agency's OIG investigators review allegations
to identify any misconduct by staff related policy and guidelines. The
Superintendent remains abreast of investigations through communication with the
appropriate agency. There have been no substantiated allegations of sexual abuse
during this audit period.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.372 Evidentiary standard for administrative investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Superintendent
PREA Compliance Manager
§115.372
The agency shall impose no standard higher than a preponderance of the evidence
in determining whether allegations of sexual abuse or sexual harassment are
substantiated.
Policy and the previous interview with investigative staff provide that the agency
shall impose no standard higher than a preponderance of the evidence in
determining whether allegations of misconduct by staff are substantiated.
Conclusion:
Based upon the review and analysis of the available evidence and the interviews,
the Auditor determined the facility is compliant with this standard.
115.373 Reporting to residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Notification Letter
Interview:
Superintendent/PREA Compliance Manager
Provision (a):
Following an investigation into a resident’s allegation of sexual abuse suffered in an
agency facility, the agency shall inform the resident as to whether the allegation
has been determined to be substantiated, unsubstantiated, or unfounded.
Agency policy requires that at the conclusion of an investigation into sexual abuse,
the victim or the victim’s parent(s) or legal guardian(s) shall be notified the
investigation has concluded. The statewide PREA Coordinator will send a letter
notifying residents/parents /legal guardian of charges and of the outcome of the
investigation including the identification of the investigative entity and state the
findings. The Superintendent’s interview confirmed his knowledge of the policy and
the requirements of this standard. There has been no substantiated case of sexual
abuse during this audit period.
Provision (b):
If the agency did not conduct the investigation, it shall request the relevant
information from the investigative agency in order to inform the resident.
The statewide PREA Coordinator will send a letter notifying residents/parents /legal
guardian of charges and of the outcome of the investigation including the
identification of the investigative entity and state the findings. The victim is
provided the Notification Letter informing them of the results of the investigation.
Provision (c):
Following a resident’s allegation that a staff member has committed sexual abuse
against the resident, the agency shall subsequently inform the resident (unless the
agency has determined that the allegation is unfounded) whenever:
(1) The staff member is no longer posted within the resident’s unit;
(2) The staff member is no longer employed at the facility;
(3) The agency learns that the staff member has been indicted on a charge related
to sexual abuse within the facility; or
(4) The agency learns that the staff member has been convicted on a charge related
to sexual abuse within the facility.
Policy requires that following a resident’s allegation that a staff member committed
sexual abuse against the resident, the resident will be informed of the following,
unless it has been determined that the allegation is unfounded, whenever:
a. The staff member is no longer assigned within the resident’s housing unit;
b. The staff member is no longer employed at the facility;
c. The staff member has been indicted on a charge related to sexual abuse within
Leon RJDC; or
d. The staff member has been convicted on a charge related to sexual abuse within
the facility.
Provision (d):
Following a resident’s allegation that he or she has been sexually abused by another
resident, the agency shall subsequently inform the alleged victim whenever:
(1) The agency learns that the alleged abuser has been indicted on a charge related
to sexual abuse within the facility; or
(2) The agency learns that the alleged abuser has been convicted on a charge
related to sexual abuse within the facility.
Policy provides that following a resident’s allegation that he/she has been sexually
abused by another resident, the alleged victim shall be subsequently informed
whenever:
a. The alleged abuser is criminally charged related to the sexual abuse; or
b. The alleged abuser is adjudicated on a charge related to sexual abuse.
Provision (e):
All such notifications or attempted notifications shall be documented.
Policy provides for the notification to the resident be documented. There is
familiarity with the requirement by the Superintendent. Such notifications and
results of investigations will be provided. The statewide PREA Coordinator will send
a letter notifying residents/parents /legal guardian of charges and of the outcome of
the investigation including the identification of the investigative entity and state the
findings.
Conclusion:
Based on the review and analysis of the available documentation and interviews,
the Auditor determined the facility is compliant with this standard.
115.376 Disciplinary sanctions for staff
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interview:
Superintendent/PREA Compliance Manager
Provision (a):
Staff shall be subject to disciplinary sanctions up to and including termination for
violating agency sexual abuse or sexual harassment policies.
Policy, procedures and the interview support that staff be subject to disciplinary
sanctions up to and including termination for violating facility sexual abuse or
sexual harassment policies
Provision (b):
Termination shall be the presumptive disciplinary sanction for staff who has
engaged in sexual abuse.
Termination is the presumptive disciplinary sanction for staff who has engaged in
sexual abuse with a resident. The interview was aligned with policy. The facility
reports that no staff member violated policy regarding sexual abuse or sexual
harassment during this audit period. The interview with the Superintendent, who
performs personnel duties, confirmed the premise. No employees were terminated
or disciplined in the past 12 months for violation of the facility’s sexual abuse or
sexual harassment policies.
Provision (c):
Disciplinary sanctions for violations of agency policies relating to sexual abuse or
sexual harassment (other than actually engaging in sexual abuse) shall be
commensurate with the nature and circumstances of the acts committed, the staff
member’s disciplinary history, and the sanctions imposed for comparable offenses
by other staff with similar histories.
Any staff with findings other than actually engaging in sexual abuse will be subject
to termination, and other measures appropriate to the circumstance of the incident
and the other components of the provision and remedial in-service if permitted to
return to work, in accordance with policy. Disciplinary sanctions for violations of
policies relating to sexual abuse or sexual harassment (other than engaging in
sexual abuse) will be commensurate with the act committed, the staff member’s
disciplinary history, and the similar history of other staff.
Provision (d):
All terminations for violations of agency sexual abuse or sexual harassment policies,
or resignations by staff who would have been terminated if not for their resignation,
shall be reported to law enforcement agencies, unless the activity was clearly not
criminal, and to any relevant licensing bodies.
Policy provides that terminations for violations of the facility’s sexual abuse or
sexual harassment policies or resignations by staff that would have been terminated
if not for their resignation, will be reported to law enforcement, unless the activity is
clearly not criminal. In addition, such will be reported to relevant licensing bodies.
No staff member has been terminated for violating the facility’s sexual abuse or
sexual harassment policies during this audit period.
Conclusion:
Based upon the review of documentation and interview, the Auditor determined the
facility is compliant with this standard.
115.377 Corrective action for contractors and volunteers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Superintendent/PREA Compliance Manager
Provision (a):
Any contractor or volunteer who engages in sexual abuse shall be prohibited from
contact with residents and shall be reported to law enforcement agencies, unless
the activity was clearly not criminal, and to relevant licensing bodies.
Agency policy requires any contractor or volunteer who engages in sexual abuse be
prohibited from contact with residents. Policies also require contractors and
volunteers who engage in sexual abuse be reported to law enforcement and to
relevant licensing bodies. During the past 12 months, there were no allegations of
sexual abuse or sexual harassment regarding contractors or volunteers.
A review of training acknowledgement statements and training materials revealed
the facility takes measures to provide volunteers and contractors a clear
understanding that sexual misconduct with a resident is strictly prohibited and is a
serious breach of conduct. The review of materials confirmed participation in PREA
training and awareness of the zero-tolerance policy and how to report allegations of
sexual abuse or sexual harassment of residents.
Provision (b):
The facility shall take appropriate remedial measures and shall consider whether to
prohibit further contact with residents, in the case of any other violation of agency
sexual abuse or sexual harassment policies by a contractor or volunteer.
The appropriate measures will be taken which will prohibit further contact with
residents in the case of any violation of the sexual abuse and sexual harassment
policies by a contractor or volunteer. In the past 12 months, no contractors or
volunteers were reported for allegations of sexual abuse or sexual harassment.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined the facility is in compliant with this standard.
115.378 Interventions and disciplinary sanctions for residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PRE
Multilingual PREA posters
Interviews:
Superintendent/PREA Compliance Manager
Mental Health Staff
Medical Staff
Provision (a):
A resident may be subject to disciplinary sanctions only pursuant to a formal
disciplinary process following an administrative finding that the resident engaged in
resident-on-resident sexual abuse or following a criminal finding of guilt for resident-
on-resident sexual abuse.
Policy and procedures 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.
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 transferred to another facility.
Provision (b):
Any disciplinary sanctions shall be commensurate with the nature and
circumstances of the abuse committed, the resident’s disciplinary history, and the
sanctions imposed for comparable offenses by other residents with similar histories.
In the event a disciplinary sanction results in the isolation of a resident, agencies
shall not deny the resident daily large-muscle exercise or access to any legally
required educational programming or special education services. Residents in
isolation shall receive daily visits from a medical or mental health care clinician.
Residents shall also have access to other programs and work opportunities to the
extent possible.
Policy and procedures provide that disciplinary sanctions are commensurate with
the nature and circumstances of the offense, the resident’s disciplinary history, and
the sanctions imposed for comparable offenses by other residents with similar
histories. In the extreme event a disciplinary sanction results in the isolation of a
resident, the facility will not deny the resident daily large-muscle exercise or access
to any legally required educational programming or special education services.
Policy provides for daily visits by mental health and medical personnel as also
confirmed through interviews.
Provision (c):
The disciplinary process shall consider whether a resident’s mental disabilities or
mental illness contributed to his or her behavior when determining what type of
sanction, if any, should be imposed.
Disciplinary and other processes consider whether a resident’s mental disabilities or
mental illness contributed to a resident’s behavior regarding the application of
disciplinary measures.
Provision (d):
If the facility offers therapy, counseling, or other interventions designed to address
and correct underlying reasons or motivations for the abuse, the facility shall
consider whether to offer the offending resident participation in such interventions.
The agency may require participation in such interventions as a condition of access
to any rewards-based behavior management system or other behavior-based
incentives, but not as a condition to access to general programming or education.
Based on the interviews with the mental health staff, the facility would consider
whether to offer an offending resident intervention and support services to address
and intervene in the underlying reasons or motivations for the abuse participation.
The facility does not require participation in such interventions as a condition for
participation in the behavior management system or to access general
programming or education as determined from the interview.
Provision (e):
The agency may discipline a resident for sexual contact with staff only upon a
finding that the staff member did not consent to such contact.
Agency policy provides the facility may discipline a resident for sexual contact with
staff only upon finding that the staff member did not consent to such contact.
Provision (f):
For the purpose of disciplinary action, a report of sexual abuse made in good faith
based upon a reasonable belief that the alleged conduct occurred shall not
constitute falsely reporting an incident or lying, even if an investigation does not
establish evidence sufficient to substantiate the allegation.
Any resident reporting in good faith shall be immune from any civil or criminal
liability. A report of sexual abuse made in good faith based on the belief that the
alleged incident occurred does not constitute falsely reporting or an incident or
lying, even if an investigation does not establish evidence sufficient to substantiate
the allegation, in accordance with policy.
Provision (g):
An agency may, in its discretion, prohibit all sexual activity between residents and
may discipline residents for such activity. An agency may not, however, deem such
activity to constitute sexual abuse if it determines that the activity is not coerced.
Agency policy prohibits any sexual conduct between residents. All such conduct is
subject to disciplinary action due to a rule violation.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined the facility is compliant with this standard.
115.381 Medical and mental health screenings; history of sexual abuse
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Screening for Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB)
Mental Health Referrals
Interviews:
Staff that Perform Screening for Risk of Victimization and Abusiveness (Risk
Screener)
Medical Staff
Mental Health Staff
Targeted Interview
Provisions (a) & (b):
Provision (a): If the screening pursuant to § 115.341 indicates that a resident has
experienced prior sexual victimization, whether it occurred in an institutional setting
or in the community, staff shall ensure that the resident is offered a follow-up
meeting with a medical or mental health practitioner within 14 days of the intake
screening. Provision (b): If the screening pursuant to § 115.341 indicates that a
resident has previously perpetrated sexual abuse, whether it occurred in an
institutional setting or in the community, staff shall ensure that the resident is
offered a follow-up meeting with a mental health practitioner within 14 days of the
intake screening.
FDJJ Policy 1919 PREA and the FOP require a follow-up meeting with a medical or
mental health practitioner within 14 days when a resident discloses any prior
incidents of sexual abuse whether victim or perpetrator. Interviews with the medical
and mental health staff and a review of documentation revealed residents are
generally seen by medical and mental health staff on the same day of admission as
part of the intake process. Interviews with the medical and mental health staff and
observations revealed documentation of the services provided to each resident is
maintained in medical and clinical files. Medical and mental health staff discussed
their knowledge of informed consent which may be documented in clinical notes.
Provision (c):
Any information related to sexual victimization or abusiveness that occurred in an
institutional setting shall be strictly limited to medical and mental health
practitioners and other staff, as necessary, to inform treatment plans and security
and management decisions, including housing, bed, work, education, and program
assignments, or as otherwise required by Federal, State, or local law.
Policy and procedures support that any information related to sexual victimization or
abusiveness that occurred in an institutional setting shall be limited to medical and
mental health practitioners and other staff, as necessary, to inform treatment plans
and security and management decisions, including housing, bed, work, education,
and program assignments, or as otherwise required by Federal, State, or local law in
accordance with agency policy and the standard. The resident files are maintained
in a secure manner; the files are secured in locked cabinets behind a locked door,
when the office is unoccupied. Electronic records are password protected with
identified and limited access.
Provision (d):
Medical and mental health practitioners shall obtain informed consent from
residents before reporting information about prior sexual victimization that did not
occur in an institutional setting, unless the resident is under the age of 18.
Policy provides that medical and mental health practitioners shall obtain informed
consent from residents before reporting information about prior sexual victimization
that did not occur in an institutional setting, unless the resident is under the age of
18. The informed consent may be documented on a dedicated form or in the file
notes.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.382 Access to emergency medical and mental health services
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 13HS:01.01), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Medical Staff
Mental Health Staff
Superintendent
Advocacy Agency Representative
Provision (a):
Resident victims of sexual abuse shall receive timely, unimpeded access to
emergency medical treatment and crisis intervention services, the nature and scope
of which are determined by medical and mental health practitioners according to
their professional judgment.
The interviews and policies and procedures support the alleged victim will receive
timely and unimpeded access to emergency medical treatment and crisis
intervention services. The interviews with medical and mental health staffs were
aligned with the policies and included that the nature and scope of their services
are determined according to their professional judgment. Residents are informed of
clinical services and meet with those practitioners and are provided services during
the intake process and throughout their stay in the facility. An alleged victim will get
services within the facility as well as timely services from a community resource,
through the advocacy agency, Refuge House Incorporated.
Medical and mental health staff members maintain secondary materials and
documentation of encounters with residents. Medical and mental health staff
interviews confirmed emergency medical care and crisis intervention services will
be provided by medical and mental health staff as required. Processes and services
are in place for a victim to receive timely access to sexually transmitted infections
prophylaxis, where medically appropriate. Observations revealed medical and
mental health staff members maintain secondary materials that document services
to residents and these staff are knowledgeable of what must occur in an incident of
sexual abuse.
Provision (b):
If no qualified medical or mental health practitioners are on duty at the time a
report of recent abuse is made, staff first responders shall take preliminary steps to
protect the victim pursuant to § 115.362 and shall immediately notify the
appropriate medical and mental health practitioners.
The interviews with clinical staff revealed residents have unimpeded access to
emergency services. The written coordinated response plan provides guidance to
staff in protecting residents and for contacting the appropriate staff regarding
allegations or incidents of sexual abuse, including contacting medical and mental
health staff. Nursing services are available onsite seven days a week from
8:00am-8:00pm. The Designated Health Authority is on-call to the facility beyond
the nursing coverage. Review of the coordinated plan; observations of the
interactions among residents, medical and mental health practitioners; and staff
interviews indicated unimpeded medical and crisis intervention services will be
available to a victim of sexual abuse. There have been no substantiated allegations
of sexual abuse during this audit period.
Provision (c):
Resident victims of sexual abuse while incarcerated shall be offered timely
information about and timely access to emergency contraception and sexually
transmitted infections prophylaxis, in accordance with professionally accepted
standards of care, where medically appropriate.
Policies and procedures and interviews confirmed processes and services are in
place for a victim to receive timely access to sexually transmitted infection
prophylaxis, where medically appropriate. Additionally, follow-up services as needed
will be provided by the facility’s medical and mental health staff, according to the
interviews with clinical staff. The facility houses females and males.
Provision (d):
Treatment services shall be provided to the victim without financial cost and
regardless of whether the victim names the abuser or cooperates with any
investigation arising out of the incident.
Treatment services will be provided to the victim without financial cost and
regardless of whether the victim names the abuser or cooperates with any
investigation arising out of the incident; confirmed through interviews and
documentation.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
Ongoing medical and mental health care for sexual abuse victims
115.383
and abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Medical Staff
Mental Health Staff
Superintendent/PREA Compliance Manager
Provision (a):
The facility shall offer medical and mental health evaluation and, as appropriate,
treatment to all residents who have been victimized by sexual abuse in any prison,
jail, lockup, or juvenile facility.
Policy and procedures and interviews support that medical and mental health
evaluation and treatment will be offered to resident victims of sexual abuse. The
interviews revealed that follow-up services will be provided that include but are not
limited to administration/management of any medication; follow-up treatment for
any physical injuries; individual counseling; and crisis and/or trauma responsive
services. Treatment services will be provided at no cost to residents. There have
been no substantiated allegations or incidents of sexual abuse in the past 12
months.
Provision (b):
The evaluation and treatment of such victims shall include, as appropriate, follow-up
services, treatment plans, and, when necessary, referrals for continued care
following their transfer to, or placement in, other facilities, or their release from
custody.
Interviews with the clinical staff and observations confirmed on-going medical and
mental health care will be provided as appropriate and will include administration/
management of any medication; follow-up treatment for any physical injuries;
individual counseling; and crisis and/or trauma responsive services. Referral
services will be utilized and/or provided to the resident upon release where
indicated.
Provision (c):
The facility shall provide such victims with medical and mental health services
consistent with the community level of care.
Review of policy and procedures, staff interviews and observations during the site
review indicated medical and mental health services are consistent with the
community level of care. Treatment services may be provided by facility staff and
contract services if needed. The interviews and observations during the site review
support that treatment services at the facility are consistent with the community
level of care.
Provision (d):
Resident victims of sexually abusive vaginal penetration while incarcerated shall be
offered pregnancy tests.
Pregnancy tests will be conducted at an advocacy center as a part of the forensic
medical services and may also be conducted at the facility.
Provision (e):
If pregnancy results from conduct specified in paragraph (d) of this section, such
victims shall receive timely and comprehensive information about and timely access
to all lawful pregnancy-related medical services.
Victims will be given timely information and access to all lawful pregnancy-related
services. A referral may also be made to the community clinic for support in the
provision of information and access to services.
Provision (f):
Resident victims of sexual abuse while incarcerated shall be offered tests for
sexually transmitted infections as medically appropriate.
The medical staff interview and policy ensure that victims of sexual abuse will be
provided tests for sexually transmitted infections as medically appropriate. There
have been no incidents of sexual abuse during this audit period. Follow-up services
may be done at the facility, as needed, by mental health and medical professionals.
Provision (g):
Treatment services shall be provided to the victim without financial cost and
regardless of whether the victim names the abuser or cooperates with any
investigation arising out of the incident.
All treatment services will be provided at no cost to the victim, according to policy,
procedures and staff interviews.
Provision (h):
The facility shall attempt to conduct a mental health evaluation of all known
resident-on-resident abusers within 60 days of learning of such abuse history and
offer treatment when deemed appropriate by mental health practitioners.
Medical and mental health evaluation and treatment will be offered to resident
victims of sexual abuse. The mental health staff confirmed that the resident would
get a mental health evaluation as soon as possible of learning of a known resident-
on-resident abuser. Policy provides for an attempt to be made for a mental health
practitioner to conduct a mental health evaluation within 60 days on all known
resident-on-resident abusers and offer appropriate treatment by mental health
staff.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor determined
the facility is compliant with this standard.
115.386 Sexual abuse incident reviews
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP), 3.09 PREA
Incident Review Team Meeting Minutes
Interviews:
Superintendent/PREA Compliance Manager
Incident Review Team Member
PREA Coordinator
Provision (a):
The facility shall conduct a sexual abuse incident review at the conclusion of every
sexual abuse investigation, including where the allegation has not been
substantiated, unless the allegation has been determined to be unfounded.
Policy and procedures, in accordance with agency practice, require an incident
review team meeting occurs within 30 days of the conclusion of each investigation.
The policy mandates review team participation by identified staff. The statewide
PREA Coordinator facilitates the meeting, prepares a written report and submits the
report to the facility Superintendent and regional staff. The review of the document
and interviews confirm this practice. The interviews reflected an understanding of
the role of the incident review team.
Provision (b):
Such review shall ordinarily occur within 30 days of the conclusion of the
investigation.
The policy and procedures require the incident reviews to occur within 30 days of
the conclusion of the investigation. The recently completed case of the one
allegation of staff on youth had an incident review team meeting within the 30-day
requirement. An administrative investigation was conducted by the agency and was
closed as Information Only.
Provision (c):
The review team shall include upper-level management officials, with input from line
supervisors, investigators, and medical or mental health practitioners.
Policy identifies the incident review team members as upper level management;
Superintendent/PREA Compliance Manager; regional agency staff; input from line
supervisors, agency investigator, medical staff, and mental health staff. The
investigators from the Leon County Sheriff’s Office may be invited to the meeting
where indicated. The incident review team is facilitated by the statewide PREA
Coordinator who also writes and disseminates the written report of the meeting
activities.
Provision (d):
The review team shall:
(1) Consider whether the allegation or investigation indicates a need to change
policy or practice to better prevent, detect, or respond to sexual abuse;
(2) Consider whether the incident or allegation was motivated by race; ethnicity;
gender identity; lesbian, gay, bisexual, transgender, or intersex identification,
status, or perceived status; or, gang affiliation; or was motivated or otherwise
caused by other group dynamics at the facility;
(3) Examine the area in the facility where the incident allegedly occurred to assess
whether physical barriers in the area may enable abuse;
(4) Assess the adequacy of staffing levels in that area during different shifts;
(5) Assess whether monitoring technology should be deployed or augmented to
supplement supervision by staff; and
(6) Prepare a report of its findings, including but not necessarily limited to
determinations made pursuant to paragraphs (d)(1)-(d)(5) of this section, and any
recommendations for improvement and submit such report to the facility head and
PREA Compliance Manager.
The interviews indicate the team considers the elements of the standard provisions
including: whether the allegation or investigation indicates a need to change policy
or practice; 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; and/or other group dynamics at the
facility. The team members will also consider adequacy of staffing and examine the
area in the facility where the incident allegedly occurred to assess whether physical
barriers in the area may enable abuse; assess whether monitoring technology
should be deployed or augmented to supplement supervision by staff.
Provision (e):
The facility shall implement the recommendations for improvement or shall
document its reasons for not doing so.
Policy and procedures require the meeting to be documented, including
recommendations and the document provided to the Superintendent. The PREA
Coordinator prepares a report of its findings and any recommendations for
improvement regarding reducing the occurrence of the same type incident or
allegation. The reason(s) for not following any recommendations of the incident
review team will be documented in accordance with agency policy and the
interviews.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined the facility is compliant with this standard.
115.387 Data collection
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Agency Policy (FDJJ 2020), Incident Operations and Incident Reviews
PREA Data Report
Interview:
Superintendent/PREA Compliance Manager
Provisions (a) & (c):
Provision (a): The agency shall collect accurate, uniform data for every allegation
of sexual abuse at facilities under its direct control using a standardized instrument
and set of definitions. Provision (c): The incident-based data collected shall
include, at a minimum, the data necessary to answer all questions from the most
recent version of the Survey of Sexual Violence conducted by the Department of
Justice.
The agency has a standardized instrument with definitions to collect accurate,
uniform data for every allegation of sexual abuse. The instrument includes the data
necessary to answer all questions from the most recent version of the Survey of
Sexual violence conducted by the Department of Justice. Agency policy 1919
requires the agency's Central Communications Center (CCC) to collect all data
relating to PREA. FDJJ Policy 1919 requires the collection of data through the CCC for
every allegation of sexual misconduct which occurs in its state-operated detention
centers and its contracted residential facilities.
Provision (b):
The agency shall aggregate the incident-based sexual abuse data at least annually.
Agency policy, previous interview with the statewide PREA Coordinator, review of
the annual report and data gathering instrument, and other documents confirm the
agency collects incident-based, uniform data regarding allegations of sexual abuse
and sexual harassment. A standardized instrument and specific guidelines and
definitions provided in agency policy are used to assist in identifying the data.
Provision (d):
The agency shall maintain, review, and collect data as needed from all available
incident-based documents, including reports, investigation files, and sexual abuse
incident reviews.
The agency maintains, collects and aggregates various types of identified data and
related documents regarding PREA in accordance with policy. The data culminates
into an annual report. The data is collected and various types of data are identified
and related documents regarding PREA information as applicable. Policy requires
that statistical information is maintained for various service areas and occurrences,
including major incidents and medical and mental health emergencies.
Provision (e):
The agency also shall obtain incident-based and aggregated data from every private
facility with which it contracts for the confinement of its residents.
The agency collects and maintains data for state-run and contract facilities and
aggregates the data which culminates into the annual report. The data is collected
from the contract facilities and is included in the agency’s annual report. The data is
aggregated at the central office level. The Leon Regional Juvenile Detention Center
(RJDC) does not contract with outside facilities for confinement of its residents.
Provision (f):
Upon request, the agency shall provide all such data from the previous calendar
year to the Department of Justice no later than June 30.
Upon request, the Leon RJDC will provide all such data from the previous calendar
year to the Department of Justice no later than June 30. A request was not made for
the previous calendar year.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor determined
the facility is compliant with this standard.
115.388 Data review for corrective action
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Annual Report
Interview:
Superintendent/PREA Compliance Manager
Provision (a):
The agency shall review data collected and aggregated pursuant to §115.387 in
order to assess and improve the effectiveness of its sexual abuse prevention,
detection, and response policies, practices, and training, including:
(1) Identifying problem areas;
(2) Taking corrective action on an ongoing basis; and
(3) Preparing an annual report of its findings and corrective actions for each facility,
as well as this agency as a whole.
The interview with the Superintendent/PREA Compliance Manager and previous
interviews with the agency's statewide PREA Coordinator and Agency Head
Designee support the review of data and that it is used to improve the agency’s
PREA efforts. The interviews and review of documentation revealed the collection of
various types of data, including PREA related information. Data is reviewed to
assess and improve the effectiveness of prevention, detection and response within
the agency as well as individual facilities. The data is also primary to preparing
annual reports.
Provisions (b)-(d):
Provision (b): Such report shall include a comparison of the current year’s data
and corrective actions with those from prior years and shall provide an assessment
of the agency’s progress in addressing sexual abuse. Provision (c): The agency’s
report shall be approved by the agency head and made readily available to the
public through its website or, if it does not have one, through other means.
Provision (d): The agency may redact specific material from the reports when
publication would present a clear and specific threat to the safety and security of a
facility, but must indicate the nature of the material redacted.
The annual report is prepared by the agency's statewide PREA Coordinator for the
agency and includes data from all state-run and contract facilities within the agency.
The annual reports are approved by the agency head/designee. There are no
personal identifiers in the report. The annual report contains PREA related data that
represents previous calendar years allowing for the comparison of data. The
overarching annual report for the agency is posted on the agency’s website,
accessible to the public.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor determined
the agency is compliant with this standard.
115.389 Data storage, publication, and destruction
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Agency Policy (FDJJ 1316), Records and Information Management Procedures
Facility Operating Procedures (FOP) 3.09 PREA
Annual Report
Interview:
Superintendent/PREA Compliance Manager
Provisions (a)-(d):
Provision (a): The agency shall ensure that data collected pursuant to §115.387
are securely retained. Provision (b): The agency shall make all aggregated sexual
abuse data, from facilities under its direct control and private facilities with which it
contracts, readily available to the public at least annually through its website or, if it
does not have one, through other means. Provision (c): Before making aggregated
sexual abuse data publicly available, the agency shall remove all personal
identifiers. Provision (d): The agency shall maintain sexual abuse data collected
pursuant to §115.387 for at least 10 years after the date of its initial collection
unless Federal, State, or local law requires otherwise.
Policy provides that the data collected is securely stored and maintained for at least
10 years after the date of collection unless a law requires otherwise. Personal
identifiers are removed from aggregated data before making the data publicly
available. The annual report is available to the public through the agency's website.
A review of the annual report verified there are no personal identifiers contained in
the report. All facility and agency records are securely stored in locked cabinets
behind locked doors and electronic records are password protected with limited
access.
Conclusion:
Based upon the review and analysis of the documentation, interviews and
observations, the Auditor determined the facility is compliant with this standard.
115.401 Frequency and scope of audits
Auditor Overall Determination: Meets Standard
Auditor Discussion
The Auditor was provided complete access to the facility and observed all areas of
the facility’s buildings and grounds. Additionally, all relevant documents were
provided prior to the onsite phase of the audit and upon request during the site
review. The facility made space available for private staff and resident interviews.
Residents were provided information on the posted “Notice of the Auditor’s Onsite
Visit” regarding how to send confidential information to the Auditor. No
correspondence was received by the Auditor and the facility has in place a process
regarding confidential correspondence. All final PREA audits for each applicable
facility is posted on the agency's website.
115.403 Audit contents and findings
Auditor Overall Determination: Meets Standard
Auditor Discussion
A review of the FDJJ’s website revealed PREA Audit Reports are posted for detention
centers operated by the agency and residential facilities operated by contract
agencies. This facility was previously audited in 2021 and the Auditor confirmed the
audit report was posted on the agency’s website as is the practice with the agency.
This current and previous reports do not contain any personal identifying
information and there were no conflicts of interest regarding the completion of the
audit. The facility policies and other documentation were reviewed regarding
compliance with the standards and have been identified in the report. The audit
findings were based on a review of policies, procedures and supporting
documentation; interviews with staff, residents, contractors and volunteers; and
observations.
Appendix: Provision Findings
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(a) coordinator
Does the agency have a written policy mandating zero tolerance yes
toward all forms of sexual abuse and sexual harassment?
Does the written policy outline the agency’s approach to yes
preventing, detecting, and responding to sexual abuse and sexual
harassment?
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(b) coordinator
Has the agency employed or designated an agency-wide PREA yes
Coordinator?
Is the PREA Coordinator position in the upper-level of the agency yes
hierarchy?
Does the PREA Coordinator have sufficient time and authority to yes
develop, implement, and oversee agency efforts to comply with
the PREA standards in all of its facilities?
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(c) coordinator
If this agency operates more than one facility, has each facility yes
designated a PREA compliance manager? (N/A if agency operates
only one facility.)
Does the PREA compliance manager have sufficient time and yes
authority to coordinate the facility’s efforts to comply with the
PREA standards? (N/A if agency operates only one facility.)
115.312
Contracting with other entities for the confinement of residents
(a)
If this agency is public and it contracts for the confinement of its yes
residents with private agencies or other entities including other
government agencies, has the agency included the entity’s
obligation to adopt and comply with the PREA standards in any
new contract or contract renewal signed on or after August 20,
2012? (N/A if the agency does not contract with private agencies
or other entities for the confinement of residents.)
115.312
Contracting with other entities for the confinement of residents
(b)
Does any new contract or contract renewal signed on or after yes
August 20, 2012 provide for agency contract monitoring to ensure
that the contractor is complying with the PREA standards? (N/A if
the agency does not contract with private agencies or other
entities for the confinement of residents OR the response to
115.312(a)-1 is "NO".)
115.313
Supervision and monitoring
(a)
Does the agency ensure that each facility has developed a staffing yes
plan that provides for adequate levels of staffing and, where
applicable, video monitoring, to protect residents against sexual
abuse?
Does the agency ensure that each facility has implemented a yes
staffing plan that provides for adequate levels of staffing and,
where applicable, video monitoring, to protect residents against
sexual abuse?
Does the agency ensure that each facility has documented a yes
staffing plan that provides for adequate levels of staffing and,
where applicable, video monitoring, to protect residents against
sexual abuse?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
prevalence of substantiated and unsubstantiated incidents of
sexual abuse?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring:
Generally accepted juvenile detention and correctional/secure
residential practices?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
judicial findings of inadequacy?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
findings of inadequacy from Federal investigative agencies?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
findings of inadequacy from internal or external oversight bodies?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: All
components of the facility’s physical plant (including “blind-spots”
or areas where staff or residents may be isolated)?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
composition of the resident population?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
number and placement of supervisory staff?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring:
Institution programs occurring on a particular shift?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
applicable State or local laws, regulations, or standards?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
other relevant factors?
115.313
Supervision and monitoring
(b)
Does the agency comply with the staffing plan except during yes
limited and discrete exigent circumstances?
In circumstances where the staffing plan is not complied with, yes
does the facility fully document all deviations from the plan? (N/A
if no deviations from staffing plan.)
115.313
Supervision and monitoring
(c)
Does the facility maintain staff ratios of a minimum of 1:8 during yes
resident waking hours, except during limited and discrete exigent
circumstances? (N/A only until October 1, 2017.)
Does the facility maintain staff ratios of a minimum of 1:16 during yes
resident sleeping hours, except during limited and discrete
exigent circumstances? (N/A only until October 1, 2017.)
Does the facility fully document any limited and discrete exigent yes
circumstances during which the facility did not maintain staff
ratios? (N/A only until October 1, 2017.)
Does the facility ensure only security staff are included when yes
calculating these ratios? (N/A only until October 1, 2017.)
Is the facility obligated by law, regulation, or judicial consent no
decree to maintain the staffing ratios set forth in this paragraph?
115.313
Supervision and monitoring
(d)
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The staffing plan established
pursuant to paragraph (a) of this section?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: Prevailing staffing patterns?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The facility’s deployment of
video monitoring systems and other monitoring technologies?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The resources the facility has
available to commit to ensure adherence to the staffing plan?
115.313
Supervision and monitoring
(e)
Has the facility implemented a policy and practice of having yes
intermediate-level or higher-level supervisors conduct and
document unannounced rounds to identify and deter staff sexual
abuse and sexual harassment? (N/A for non-secure facilities )
Is this policy and practice implemented for night shifts as well as yes
day shifts? (N/A for non-secure facilities )
Does the facility have a policy prohibiting staff from alerting other yes
staff members that these supervisory rounds are occurring, unless
such announcement is related to the legitimate operational
functions of the facility? (N/A for non-secure facilities )
115.315
Limits to cross-gender viewing and searches
(a)
Does the facility always refrain from conducting any cross-gender yes
strip or cross-gender visual body cavity searches, except in
exigent circumstances or by medical practitioners?
115.315
Limits to cross-gender viewing and searches
(b)
Does the facility always refrain from conducting cross-gender pat- yes
down searches in non-exigent circumstances?
115.315
Limits to cross-gender viewing and searches
(c)
Does the facility document and justify all cross-gender strip yes
searches and cross-gender visual body cavity searches?
Does the facility document all cross-gender pat-down searches? yes
115.315
Limits to cross-gender viewing and searches
(d)
Does the facility implement policies and procedures that enable yes
residents to shower, perform bodily functions, and change clothing
without nonmedical staff of the opposite gender viewing their
breasts, buttocks, or genitalia, except in exigent circumstances or
when such viewing is incidental to routine cell checks?
Does the facility require staff of the opposite gender to announce yes
their presence when entering a resident housing unit?
In facilities (such as group homes) that do not contain discrete yes
housing units, does the facility require staff of the opposite gender
to announce their presence when entering an area where
residents are likely to be showering, performing bodily functions,
or changing clothing? (N/A for facilities with discrete housing
units)
115.315
Limits to cross-gender viewing and searches
(e)
Does the facility always refrain from searching or physically yes
examining transgender or intersex residents for the sole purpose
of determining the resident’s genital status?
If a resident’s genital status is unknown, does the facility yes
determine genital status during conversations with the resident,
by reviewing medical records, or, if necessary, by learning that
information as part of a broader medical examination conducted
in private by a medical practitioner?
115.315
Limits to cross-gender viewing and searches
(f)
Does the facility/agency train security staff in how to conduct yes
cross-gender pat down searches in a professional and respectful
manner, and in the least intrusive manner possible, consistent
with security needs?
Does the facility/agency train security staff in how to conduct yes
searches of transgender and intersex residents in a professional
and respectful manner, and in the least intrusive manner possible,
consistent with security needs?
115.316 Residents with disabilities and residents who are limited
(a) English proficient
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who are deaf or hard of hearing?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who are blind or have low vision?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have intellectual disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have psychiatric disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have speech disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Other? (if "other," please explain in overall determination notes.)
Do such steps include, when necessary, ensuring effective yes
communication with residents who are deaf or hard of hearing?
Do such steps include, when necessary, providing access to yes
interpreters who can interpret effectively, accurately, and
impartially, both receptively and expressively, using any
necessary specialized vocabulary?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Have
intellectual disabilities?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Have
limited reading skills?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Who are
blind or have low vision?
115.316 Residents with disabilities and residents who are limited
(b) English proficient
Does the agency take reasonable steps to ensure meaningful yes
access to all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment to residents
who are limited English proficient?
Do these steps include providing interpreters who can interpret yes
effectively, accurately, and impartially, both receptively and
expressively, using any necessary specialized vocabulary?
115.316 Residents with disabilities and residents who are limited
(c) English proficient
Does the agency always refrain from relying on resident yes
interpreters, resident readers, or other types of resident assistants
except in limited circumstances where an extended delay in
obtaining an effective interpreter could compromise the resident’s
safety, the performance of first-response duties under §115.364,
or the investigation of the resident’s allegations?
115.317
Hiring and promotion decisions
(a)
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has engaged in sexual
abuse in a prison, jail, lockup, community confinement facility,
juvenile facility, or other institution (as defined in 42 U.S.C. 1997)?
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has been convicted of
engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or
coercion, or if the victim did not consent or was unable to consent
or refuse?
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has been civilly or
administratively adjudicated to have engaged in the activity
described in the bullet immediately above?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has
engaged in sexual abuse in a prison, jail, lockup, community
confinement facility, juvenile facility, or other institution (as
defined in 42 U.S.C. 1997)?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has been
convicted of engaging or attempting to engage in sexual activity
in the community facilitated by force, overt or implied threats of
force, or coercion, or if the victim did not consent or was unable to
consent or refuse?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has been
civilly or administratively adjudicated to have engaged in the
activity described in the two bullets immediately above?
115.317
Hiring and promotion decisions
(b)
Does the agency consider any incidents of sexual harassment in yes
determining whether to hire or promote anyone, or to enlist the
services of any contractor, who may have contact with residents?
115.317 Hiring and promotion decisions
(c)
Before hiring new employees who may have contact with yes
residents, does the agency: Perform a criminal background records
check?
Before hiring new employees who may have contact with yes
residents, does the agency: Consult any child abuse registry
maintained by the State or locality in which the employee would
work?
Before hiring new employees who may have contact with yes
residents, does the agency: Consistent with Federal, State, and
local law, make its best efforts to contact all prior institutional
employers for information on substantiated allegations of sexual
abuse or any resignation during a pending investigation of an
allegation of sexual abuse?
115.317
Hiring and promotion decisions
(d)
Does the agency perform a criminal background records check yes
before enlisting the services of any contractor who may have
contact with residents?
Does the agency consult applicable child abuse registries before yes
enlisting the services of any contractor who may have contact
with residents?
115.317
Hiring and promotion decisions
(e)
Does the agency either conduct criminal background records yes
checks at least every five years of current employees and
contractors who may have contact with residents or have in place
a system for otherwise capturing such information for current
employees?
115.317
Hiring and promotion decisions
(f)
Does the agency ask all applicants and employees who may have yes
contact with residents directly about previous misconduct
described in paragraph (a) of this section in written applications or
interviews for hiring or promotions?
Does the agency ask all applicants and employees who may have yes
contact with residents directly about previous misconduct
described in paragraph (a) of this section in any interviews or
written self-evaluations conducted as part of reviews of current
employees?
Does the agency impose upon employees a continuing affirmative yes
duty to disclose any such misconduct?
115.317
Hiring and promotion decisions
(g)
Does the agency consider material omissions regarding such yes
misconduct, or the provision of materially false information,
grounds for termination?
115.317
Hiring and promotion decisions
(h)
Unless prohibited by law, does the agency provide information on yes
substantiated allegations of sexual abuse or sexual harassment
involving a former employee upon receiving a request from an
institutional employer for whom such employee has applied to
work? (N/A if providing information on substantiated allegations of
sexual abuse or sexual harassment involving a former employee is
prohibited by law.)
115.318
Upgrades to facilities and technologies
(a)
If the agency designed or acquired any new facility or planned any yes
substantial expansion or modification of existing facilities, did the
agency consider the effect of the design, acquisition, expansion,
or modification upon the agency’s ability to protect residents from
sexual abuse? (N/A if agency/facility has not acquired a new
facility or made a substantial expansion to existing facilities since
August 20, 2012, or since the last PREA audit, whichever is later.)
115.318
Upgrades to facilities and technologies
(b)
If the agency installed or updated a video monitoring system, no
electronic surveillance system, or other monitoring technology,
did the agency consider how such technology may enhance the
agency’s ability to protect residents from sexual abuse? (N/A if
agency/facility has not installed or updated a video monitoring
system, electronic surveillance system, or other monitoring
technology since August 20, 2012, or since the last PREA audit,
whichever is later.)
115.321
Evidence protocol and forensic medical examinations
(a)
If the agency is responsible for investigating allegations of sexual yes
abuse, does the agency follow a uniform evidence protocol that
maximizes the potential for obtaining usable physical evidence for
administrative proceedings and criminal prosecutions? (N/A if the
agency/facility is not responsible for conducting any form of
criminal OR administrative sexual abuse investigations.)
115.321
Evidence protocol and forensic medical examinations
(b)
Is this protocol developmentally appropriate for youth? (N/A if the yes
agency/facility is not responsible for conducting any form of
criminal OR administrative sexual abuse investigations.)
Is this protocol, as appropriate, adapted from or otherwise based yes
on the most recent edition of the U.S. Department of Justice’s
Office on Violence Against Women publication, “A National Protocol
for Sexual Assault Medical Forensic Examinations, Adults/
Adolescents,” or similarly comprehensive and authoritative
protocols developed after 2011? (N/A if the agency/facility is not
responsible for conducting any form of criminal OR administrative
sexual abuse investigations. )
115.321
Evidence protocol and forensic medical examinations
(c)
Does the agency offer all residents who experience sexual abuse yes
access to forensic medical examinations, whether on-site or at an
outside facility, without financial cost, where evidentiarily or
medically appropriate?
Are such examinations performed by Sexual Assault Forensic yes
Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs)
where possible?
If SAFEs or SANEs cannot be made available, is the examination yes
performed by other qualified medical practitioners (they must
have been specifically trained to conduct sexual assault forensic
exams)?
Has the agency documented its efforts to provide SAFEs or yes
SANEs?
115.321
Evidence protocol and forensic medical examinations
(d)
Does the agency attempt to make available to the victim a victim yes
advocate from a rape crisis center?
If a rape crisis center is not available to provide victim advocate yes
services, does the agency make available to provide these
services a qualified staff member from a community-based
organization, or a qualified agency staff member?
Has the agency documented its efforts to secure services from yes
rape crisis centers?
115.321
Evidence protocol and forensic medical examinations
(e)
As requested by the victim, does the victim advocate, qualified yes
agency staff member, or qualified community-based organization
staff member accompany and support the victim through the
forensic medical examination process and investigatory
interviews?
As requested by the victim, does this person provide emotional yes
support, crisis intervention, information, and referrals?
115.321
Evidence protocol and forensic medical examinations
(f)
If the agency itself is not responsible for investigating allegations yes
of sexual abuse, has the agency requested that the investigating
entity follow the requirements of paragraphs (a) through (e) of this
section? (N/A if the agency is responsible for investigating
allegations of sexual abuse.)
115.321
Evidence protocol and forensic medical examinations
(h)
If the agency uses a qualified agency staff member or a qualified yes
community-based staff member for the purposes of this section,
has the individual been screened for appropriateness to serve in
this role and received education concerning sexual assault and
forensic examination issues in general? (Check N/A if agency
attempts to make a victim advocate from a rape crisis center
available to victims per 115.321(d) above.)
115.322
Policies to ensure referrals of allegations for investigations
(a)
Does the agency ensure an administrative or criminal yes
investigation is completed for all allegations of sexual abuse?
Does the agency ensure an administrative or criminal yes
investigation is completed for all allegations of sexual
harassment?
115.322
Policies to ensure referrals of allegations for investigations
(b)
Does the agency have a policy in place to ensure that allegations yes
of sexual abuse or sexual harassment are referred for
investigation to an agency with the legal authority to conduct
criminal investigations, unless the allegation does not involve
potentially criminal behavior?
Has the agency published such policy on its website or, if it does yes
not have one, made the policy available through other means?
Does the agency document all such referrals? yes
115.322
Policies to ensure referrals of allegations for investigations
(c)
If a separate entity is responsible for conducting criminal yes
investigations, does such publication describe the responsibilities
of both the agency and the investigating entity? (N/A if the
agency/facility is responsible for criminal investigations. See
115.321(a))
115.331
Employee training
(a)
Does the agency train all employees who may have contact with yes
residents on: Its zero-tolerance policy for sexual abuse and sexual
harassment?
Does the agency train all employees who may have contact with yes
residents on: How to fulfill their responsibilities under agency
sexual abuse and sexual harassment prevention, detection,
reporting, and response policies and procedures?
Does the agency train all employees who may have contact with yes
residents on: Residents’ right to be free from sexual abuse and
sexual harassment
Does the agency train all employees who may have contact with yes
residents on: The right of residents and employees to be free from
retaliation for reporting sexual abuse and sexual harassment?
Does the agency train all employees who may have contact with yes
residents on: The dynamics of sexual abuse and sexual
harassment in juvenile facilities?
Does the agency train all employees who may have contact with yes
residents on: The common reactions of juvenile victims of sexual
abuse and sexual harassment?
Does the agency train all employees who may have contact with yes
residents on: How to detect and respond to signs of threatened
and actual sexual abuse and how to distinguish between
consensual sexual contact and sexual abuse between residents?
Does the agency train all employees who may have contact with yes
residents on: How to avoid inappropriate relationships with
residents?
Does the agency train all employees who may have contact with yes
residents on: How to communicate effectively and professionally
with residents, including lesbian, gay, bisexual, transgender,
intersex, or gender nonconforming residents?
Does the agency train all employees who may have contact with yes
residents on: How to comply with relevant laws related to
mandatory reporting of sexual abuse to outside authorities?
Does the agency train all employees who may have contact with yes
residents on: Relevant laws regarding the applicable age of
consent?
115.331
Employee training
(b)
Is such training tailored to the unique needs and attributes of yes
residents of juvenile facilities?
Is such training tailored to the gender of the residents at the yes
employee’s facility?
Have employees received additional training if reassigned from a yes
facility that houses only male residents to a facility that houses
only female residents, or vice versa?
115.331
Employee training
(c)
Have all current employees who may have contact with residents yes
received such training?
Does the agency provide each employee with refresher training yes
every two years to ensure that all employees know the agency’s
current sexual abuse and sexual harassment policies and
procedures?
In years in which an employee does not receive refresher training, yes
does the agency provide refresher information on current sexual
abuse and sexual harassment policies?
115.331
Employee training
(d)
Does the agency document, through employee signature or yes
electronic verification, that employees understand the training
they have received?
115.332
Volunteer and contractor training
(a)
Has the agency ensured that all volunteers and contractors who yes
have contact with residents have been trained on their
responsibilities under the agency’s sexual abuse and sexual
harassment prevention, detection, and response policies and
procedures?
115.332
Volunteer and contractor training
(b)
Have all volunteers and contractors who have contact with yes
residents been notified of the agency’s zero-tolerance policy
regarding sexual abuse and sexual harassment and informed how
to report such incidents (the level and type of training provided to
volunteers and contractors shall be based on the services they
provide and level of contact they have with residents)?
115.332
Volunteer and contractor training
(c)
Does the agency maintain documentation confirming that yes
volunteers and contractors understand the training they have
received?
115.333
Resident education
(a)
During intake, do residents receive information explaining the yes
agency’s zero-tolerance policy regarding sexual abuse and sexual
harassment?
During intake, do residents receive information explaining how to yes
report incidents or suspicions of sexual abuse or sexual
harassment?
Is this information presented in an age-appropriate fashion? yes
115.333
Resident education
(b)
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Their rights to be free from sexual abuse and
sexual harassment?
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Their rights to be free from retaliation for
reporting such incidents?
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Agency policies and procedures for responding to
such incidents?
115.333
Resident education
(c)
Have all residents received such education? yes
Do residents receive education upon transfer to a different facility yes
to the extent that the policies and procedures of the resident’s
new facility differ from those of the previous facility?
115.333
Resident education
(d)
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are limited English proficient?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are deaf?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are visually impaired?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are otherwise disabled?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Have limited reading skills?
115.333
Resident education
(e)
Does the agency maintain documentation of resident participation yes
in these education sessions?
115.333
Resident education
(f)
In addition to providing such education, does the agency ensure yes
that key information is continuously and readily available or visible
to residents through posters, resident handbooks, or other written
formats?
115.334
Specialized training: Investigations
(a)
In addition to the general training provided to all employees yes
pursuant to §115.331, does the agency ensure that, to the extent
the agency itself conducts sexual abuse investigations, its
investigators have received training in conducting such
investigations in confinement settings? (N/A if the agency does
not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
115.334
Specialized training: Investigations
(b)
Does this specialized training include: Techniques for interviewing yes
juvenile sexual abuse victims? (N/A if the agency does not conduct
any form of administrative or criminal sexual abuse investigations.
See 115.321(a).)
Does this specialized training include: Proper use of Miranda and yes
Garrity warnings? (N/A if the agency does not conduct any form of
administrative or criminal sexual abuse investigations. See
115.321(a).)
Does this specialized training include: Sexual abuse evidence yes
collection in confinement settings? (N/A if the agency does not
conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
Does this specialized training include: The criteria and evidence yes
required to substantiate a case for administrative action or
prosecution referral? (N/A if the agency does not conduct any form
of administrative or criminal sexual abuse investigations. See
115.321(a).)
115.334
Specialized training: Investigations
(c)
Does the agency maintain documentation that agency yes
investigators have completed the required specialized training in
conducting sexual abuse investigations? (N/A if the agency does
not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
115.335
Specialized training: Medical and mental health care
(a)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to detect and assess signs of sexual
abuse and sexual harassment? (N/A if the agency does not have
any full- or part-time medical or mental health care practitioners
who work regularly in its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to preserve physical evidence of sexual
abuse? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in
its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to respond effectively and
professionally to juvenile victims of sexual abuse and sexual
harassment? (N/A if the agency does not have any full- or part-
time medical or mental health care practitioners who work
regularly in its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How and to whom to report allegations or
suspicions of sexual abuse and sexual harassment? (N/A if the
agency does not have any full- or part-time medical or mental
health care practitioners who work regularly in its facilities.)
115.335
Specialized training: Medical and mental health care
(b)
If medical staff employed by the agency conduct forensic na
examinations, do such medical staff receive appropriate training
to conduct such examinations? (N/A if agency medical staff at the
facility do not conduct forensic exams or the agency does not
employ medical staff.)
115.335
Specialized training: Medical and mental health care
(c)
Does the agency maintain documentation that medical and yes
mental health practitioners have received the training referenced
in this standard either from the agency or elsewhere? (N/A if the
agency does not have any full- or part-time medical or mental
health care practitioners who work regularly in its facilities.)
115.335
Specialized training: Medical and mental health care
(d)
Do medical and mental health care practitioners employed by the yes
agency also receive training mandated for employees by
§115.331? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in
its facilities.)
Do medical and mental health care practitioners contracted by yes
and volunteering for the agency also receive training mandated
for contractors and volunteers by §115.332? (N/A if the agency
does not have any full- or part-time medical or mental health care
practitioners contracted by or volunteering for the agency.)
115.341
Obtaining information from residents
(a)
Within 72 hours of the resident’s arrival at the facility, does the yes
agency obtain and use information about each resident’s personal
history and behavior to reduce risk of sexual abuse by or upon a
resident?
Does the agency also obtain this information periodically yes
throughout a resident’s confinement?
115.341
Obtaining information from residents
(b)
Are all PREA screening assessments conducted using an objective yes
screening instrument?
115.341
Obtaining information from residents
(c)
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Prior sexual
victimization or abusiveness?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Any gender
nonconforming appearance or manner or identification as lesbian,
gay, bisexual, transgender, or intersex, and whether the resident
may therefore be vulnerable to sexual abuse?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Current
charges and offense history?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Age?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Level of
emotional and cognitive development?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Physical size
and stature?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Mental illness
or mental disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Intellectual or
developmental disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Physical
disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: The resident’s
own perception of vulnerability?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Any other
specific information about individual residents that may indicate
heightened needs for supervision, additional safety precautions, or
separation from certain other residents?
115.341
Obtaining information from residents
(d)
Is this information ascertained: Through conversations with the yes
resident during the intake process and medical mental health
screenings?
Is this information ascertained: During classification assessments? yes
Is this information ascertained: By reviewing court records, case yes
files, facility behavioral records, and other relevant documentation
from the resident’s files?
115.341
Obtaining information from residents
(e)
Has the agency implemented appropriate controls on the yes
dissemination within the facility of responses to questions asked
pursuant to this standard in order to ensure that sensitive
information is not exploited to the resident’s detriment by staff or
other residents?
115.342
Placement of residents
(a)
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Housing Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Bed assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Work Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Education
Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Program Assignments?
115.342
Placement of residents
(b)
Are residents isolated from others only as a last resort when less yes
restrictive measures are inadequate to keep them and other
residents safe, and then only until an alternative means of
keeping all residents safe can be arranged?
During any period of isolation, does the agency always refrain yes
from denying residents daily large-muscle exercise?
During any period of isolation, does the agency always refrain yes
from denying residents any legally required educational
programming or special education services?
Do residents in isolation receive daily visits from a medical or yes
mental health care clinician?
Do residents also have access to other programs and work yes
opportunities to the extent possible?
115.342
Placement of residents
(c)
Does the agency always refrain from placing: Lesbian, gay, and yes
bisexual residents in particular housing, bed, or other assignments
solely on the basis of such identification or status?
Does the agency always refrain from placing: Transgender yes
residents in particular housing, bed, or other assignments solely
on the basis of such identification or status?
Does the agency always refrain from placing: Intersex residents in yes
particular housing, bed, or other assignments solely on the basis
of such identification or status?
Does the agency always refrain from considering lesbian, gay, yes
bisexual, transgender, or intersex identification or status as an
indicator or likelihood of being sexually abusive?
115.342
Placement of residents
(d)
When deciding whether to assign a transgender or intersex yes
resident to a facility for male or female residents, does the agency
consider on a case-by-case basis whether a placement would
ensure the resident’s health and safety, and whether a placement
would present management or security problems (NOTE: if an
agency by policy or practice assigns residents to a male or female
facility on the basis of anatomy alone, that agency is not in
compliance with this standard)?
When making housing or other program assignments for yes
transgender or intersex residents, does the agency consider on a
case-by-case basis whether a placement would ensure the
resident’s health and safety, and whether a placement would
present management or security problems?
115.342
Placement of residents
(e)
Are placement and programming assignments for each yes
transgender or intersex resident reassessed at least twice each
year to review any threats to safety experienced by the resident?
115.342
Placement of residents
(f)
Are each transgender or intersex resident’s own views with yes
respect to his or her own safety given serious consideration when
making facility and housing placement decisions and
programming assignments?
115.342
Placement of residents
(g)
Are transgender and intersex residents given the opportunity to yes
shower separately from other residents?
115.342
Placement of residents
(h)
If a resident is isolated pursuant to paragraph (b) of this section, na
does the facility clearly document: The basis for the facility’s
concern for the resident’s safety? (N/A for h and i if facility doesn’t
use isolation?)
If a resident is isolated pursuant to paragraph (b) of this section, na
does the facility clearly document: The reason why no alternative
means of separation can be arranged? (N/A for h and i if facility
doesn’t use isolation?)
115.342
Placement of residents
(i)
In the case of each resident who is isolated as a last resort when yes
less restrictive measures are inadequate to keep them and other
residents safe, does the facility afford a review to determine
whether there is a continuing need for separation from the general
population EVERY 30 DAYS?
115.351
Resident reporting
(a)
Does the agency provide multiple internal ways for residents to yes
privately report: Sexual abuse and sexual harassment?
Does the agency provide multiple internal ways for residents to yes
privately report: 2. Retaliation by other residents or staff for
reporting sexual abuse and sexual harassment?
Does the agency provide multiple internal ways for residents to yes
privately report: Staff neglect or violation of responsibilities that
may have contributed to such incidents?
115.351
Resident reporting
(b)
Does the agency also provide at least one way for residents to yes
report sexual abuse or sexual harassment to a public or private
entity or office that is not part of the agency?
Is that private entity or office able to receive and immediately yes
forward resident reports of sexual abuse and sexual harassment to
agency officials?
Does that private entity or office allow the resident to remain yes
anonymous upon request?
Are residents detained solely for civil immigration purposes yes
provided information on how to contact relevant consular officials
and relevant officials at the Department of Homeland Security to
report sexual abuse or harassment?
115.351
Resident reporting
(c)
Do staff members accept reports of sexual abuse and sexual yes
harassment made verbally, in writing, anonymously, and from
third parties?
Do staff members promptly document any verbal reports of sexual yes
abuse and sexual harassment?
115.351
Resident reporting
(d)
Does the facility provide residents with access to tools necessary yes
to make a written report?
115.351
Resident reporting
(e)
Does the agency provide a method for staff to privately report yes
sexual abuse and sexual harassment of residents?
115.352
Exhaustion of administrative remedies
(a)
Is the agency exempt from this standard? yes
NOTE: The agency is exempt ONLY if it does not have
administrative procedures to address resident grievances
regarding sexual abuse. This does not mean the agency is exempt
simply because a resident does not have to or is not ordinarily
expected to submit a grievance to report sexual abuse. This
means that as a matter of explicit policy, the agency does not
have an administrative remedies process to address sexual abuse.
115.352
Exhaustion of administrative remedies
(b)
Does the agency permit residents to submit a grievance regarding na
an allegation of sexual abuse without any type of time limits? (The
agency may apply otherwise-applicable time limits to any portion
of a grievance that does not allege an incident of sexual abuse.)
(N/A if agency is exempt from this standard.)
Does the agency always refrain from requiring an resident to use na
any informal grievance process, or to otherwise attempt to resolve
with staff, an alleged incident of sexual abuse? (N/A if agency is
exempt from this standard.)
115.352
Exhaustion of administrative remedies
(c)
Does the agency ensure that: A resident who alleges sexual abuse na
may submit a grievance without submitting it to a staff member
who is the subject of the complaint? (N/A if agency is exempt from
this standard.)
Does the agency ensure that: Such grievance is not referred to a na
staff member who is the subject of the complaint? (N/A if agency
is exempt from this standard.)
115.352
Exhaustion of administrative remedies
(d)
Does the agency issue a final agency decision on the merits of any na
portion of a grievance alleging sexual abuse within 90 days of the
initial filing of the grievance? (Computation of the 90-day time
period does not include time consumed by residents in preparing
any administrative appeal.) (N/A if agency is exempt from this
standard.)
If the agency determines that the 90 day timeframe is insufficient na
to make an appropriate decision and claims an extension of time
(the maximum allowable extension of time to respond is 70 days
per 115.352(d)(3)) , does the agency notify the resident in writing
of any such extension and provide a date by which a decision will
be made? (N/A if agency is exempt from this standard.)
At any level of the administrative process, including the final level, na
if the resident does not receive a response within the time allotted
for reply, including any properly noticed extension, may a resident
consider the absence of a response to be a denial at that level?
(N/A if agency is exempt from this standard.)
115.352
Exhaustion of administrative remedies
(e)
Are third parties, including fellow residents, staff members, family na
members, attorneys, and outside advocates, permitted to assist
residents in filing requests for administrative remedies relating to
allegations of sexual abuse? (N/A if agency is exempt from this
standard.)
Are those third parties also permitted to file such requests on na
behalf of residents? (If a third party, other than a parent or legal
guardian, files such a request on behalf of a resident, the facility
may require as a condition of processing the request that the
alleged victim agree to have the request filed on his or her behalf,
and may also require the alleged victim to personally pursue any
subsequent steps in the administrative remedy process.) (N/A if
agency is exempt from this standard.)
If the resident declines to have the request processed on his or na
her behalf, does the agency document the resident’s decision?
(N/A if agency is exempt from this standard.)
Is a parent or legal guardian of a juvenile allowed to file a na
grievance regarding allegations of sexual abuse, including
appeals, on behalf of such juvenile? (N/A if agency is exempt from
this standard.)
If a parent or legal guardian of a juvenile files a grievance (or an na
appeal) on behalf of a juvenile regarding allegations of sexual
abuse, is it the case that those grievances are not conditioned
upon the juvenile agreeing to have the request filed on his or her
behalf? (N/A if agency is exempt from this standard.)
115.352
Exhaustion of administrative remedies
(f)
Has the agency established procedures for the filing of an na
emergency grievance alleging that a resident is subject to a
substantial risk of imminent sexual abuse? (N/A if agency is
exempt from this standard.)
After receiving an emergency grievance alleging a resident is na
subject to a substantial risk of imminent sexual abuse, does the
agency immediately forward the grievance (or any portion thereof
that alleges the substantial risk of imminent sexual abuse) to a
level of review at which immediate corrective action may be
taken? (N/A if agency is exempt from this standard.)
After receiving an emergency grievance described above, does na
the agency provide an initial response within 48 hours? (N/A if
agency is exempt from this standard.)
After receiving an emergency grievance described above, does na
the agency issue a final agency decision within 5 calendar days?
(N/A if agency is exempt from this standard.)
Does the initial response and final agency decision document the na
agency’s determination whether the resident is in substantial risk
of imminent sexual abuse? (N/A if agency is exempt from this
standard.)
Does the initial response document the agency’s action(s) taken in na
response to the emergency grievance? (N/A if agency is exempt
from this standard.)
Does the agency’s final decision document the agency’s action(s) na
taken in response to the emergency grievance? (N/A if agency is
exempt from this standard.)
115.352
Exhaustion of administrative remedies
(g)
If the agency disciplines a resident for filing a grievance related to na
alleged sexual abuse, does it do so ONLY where the agency
demonstrates that the resident filed the grievance in bad faith?
(N/A if agency is exempt from this standard.)
115.353 Resident access to outside confidential support services and
(a) legal representation
Does the facility provide residents with access to outside victim yes
advocates for emotional support services related to sexual abuse
by providing, posting, or otherwise making accessible mailing
addresses and telephone numbers, including toll-free hotline
numbers where available, of local, State, or national victim
advocacy or rape crisis organizations?
Does the facility provide persons detained solely for civil yes
immigration purposes mailing addresses and telephone numbers,
including toll-free hotline numbers where available of local, State,
or national immigrant services agencies?
Does the facility enable reasonable communication between yes
residents and these organizations and agencies, in as confidential
a manner as possible?
115.353 Resident access to outside confidential support services and
(b) legal representation
Does the facility inform residents, prior to giving them access, of yes
the extent to which such communications will be monitored and
the extent to which reports of abuse will be forwarded to
authorities in accordance with mandatory reporting laws?
115.353 Resident access to outside confidential support services and
(c) legal representation
Does the agency maintain or attempt to enter into memoranda of yes
understanding or other agreements with community service
providers that are able to provide residents with confidential
emotional support services related to sexual abuse?
Does the agency maintain copies of agreements or documentation yes
showing attempts to enter into such agreements?
115.353 Resident access to outside confidential support services and
(d) legal representation
Does the facility provide residents with reasonable and yes
confidential access to their attorneys or other legal
representation?
Does the facility provide residents with reasonable access to yes
parents or legal guardians?
115.354
Third-party reporting
(a)
Has the agency established a method to receive third-party yes
reports of sexual abuse and sexual harassment?
Has the agency distributed publicly information on how to report yes
sexual abuse and sexual harassment on behalf of a resident?
115.361
Staff and agency reporting duties
(a)
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding an incident of sexual abuse or
sexual harassment that occurred in a facility, whether or not it is
part of the agency?
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding retaliation against residents or
staff who reported an incident of sexual abuse or sexual
harassment?
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding any staff neglect or violation of
responsibilities that may have contributed to an incident of sexual
abuse or sexual harassment or retaliation?
115.361
Staff and agency reporting duties
(b)
Does the agency require all staff to comply with any applicable yes
mandatory child abuse reporting laws?
115.361
Staff and agency reporting duties
(c)
Apart from reporting to designated supervisors or officials and yes
designated State or local services agencies, are staff prohibited
from revealing any information related to a sexual abuse report to
anyone other than to the extent necessary, as specified in agency
policy, to make treatment, investigation, and other security and
management decisions?
115.361
Staff and agency reporting duties
(d)
Are medical and mental health practitioners required to report yes
sexual abuse to designated supervisors and officials pursuant to
paragraph (a) of this section as well as to the designated State or
local services agency where required by mandatory reporting
laws?
Are medical and mental health practitioners required to inform yes
residents of their duty to report, and the limitations of
confidentiality, at the initiation of services?
115.361
Staff and agency reporting duties
(e)
Upon receiving any allegation of sexual abuse, does the facility yes
head or his or her designee promptly report the allegation to the
appropriate office?
Upon receiving any allegation of sexual abuse, does the facility yes
head or his or her designee promptly report the allegation to the
alleged victim’s parents or legal guardians unless the facility has
official documentation showing the parents or legal guardians
should not be notified?
If the alleged victim is under the guardianship of the child welfare yes
system, does the facility head or his or her designee promptly
report the allegation to the alleged victim’s caseworker instead of
the parents or legal guardians? (N/A if the alleged victim is not
under the guardianship of the child welfare system.)
If a juvenile court retains jurisdiction over the alleged victim, does yes
the facility head or designee also report the allegation to the
juvenile’s attorney or other legal representative of record within
14 days of receiving the allegation?
115.361
Staff and agency reporting duties
(f)
Does the facility report all allegations of sexual abuse and sexual yes
harassment, including third-party and anonymous reports, to the
facility’s designated investigators?
115.362
Agency protection duties
(a)
When the agency learns that a resident is subject to a substantial yes
risk of imminent sexual abuse, does it take immediate action to
protect the resident?
115.363
Reporting to other confinement facilities
(a)
Upon receiving an allegation that a resident was sexually abused yes
while confined at another facility, does the head of the facility that
received the allegation notify the head of the facility or
appropriate office of the agency where the alleged abuse
occurred?
Does the head of the facility that received the allegation also yes
notify the appropriate investigative agency?
115.363
Reporting to other confinement facilities
(b)
Is such notification provided as soon as possible, but no later than yes
72 hours after receiving the allegation?
115.363
Reporting to other confinement facilities
(c)
Does the agency document that it has provided such notification? yes
115.363
Reporting to other confinement facilities
(d)
Does the facility head or agency office that receives such yes
notification ensure that the allegation is investigated in
accordance with these standards?
115.364
Staff first responder duties
(a)
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Separate the alleged victim and abuser?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Preserve and protect any crime scene until
appropriate steps can be taken to collect any evidence?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Request that the alleged victim not take any actions
that could destroy physical evidence, including, as appropriate,
washing, brushing teeth, changing clothes, urinating, defecating,
smoking, drinking, or eating, if the abuse occurred within a time
period that still allows for the collection of physical evidence?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Ensure that the alleged abuser does not take any
actions that could destroy physical evidence, including, as
appropriate, washing, brushing teeth, changing clothes, urinating,
defecating, smoking, drinking, or eating, if the abuse occurred
within a time period that still allows for the collection of physical
evidence?
115.364
Staff first responder duties
(b)
If the first staff responder is not a security staff member, is the yes
responder required to request that the alleged victim not take any
actions that could destroy physical evidence, and then notify
security staff?
115.365
Coordinated response
(a)
Has the facility developed a written institutional plan to coordinate yes
actions among staff first responders, medical and mental health
practitioners, investigators, and facility leadership taken in
response to an incident of sexual abuse?
115.366 Preservation of ability to protect residents from contact with
(a) abusers
Are both the agency and any other governmental entities yes
responsible for collective bargaining on the agency’s behalf
prohibited from entering into or renewing any collective
bargaining agreement or other agreement that limits the agency’s
ability to remove alleged staff sexual abusers from contact with
any residents pending the outcome of an investigation or of a
determination of whether and to what extent discipline is
warranted?
115.367
Agency protection against retaliation
(a)
Has the agency established a policy to protect all residents and yes
staff who report sexual abuse or sexual harassment or cooperate
with sexual abuse or sexual harassment investigations from
retaliation by other residents or staff?
Has the agency designated which staff members or departments yes
are charged with monitoring retaliation?
115.367
Agency protection against retaliation
(b)
Does the agency employ multiple protection measures for yes
residents or staff who fear retaliation for reporting sexual abuse or
sexual harassment or for cooperating with investigations, such as
housing changes or transfers for resident victims or abusers,
removal of alleged staff or resident abusers from contact with
victims, and emotional support services?
115.367
Agency protection against retaliation
(c)
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor the conduct and
treatment of residents or staff who reported the sexual abuse to
see if there are changes that may suggest possible retaliation by
residents or staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor the conduct and
treatment of residents who were reported to have suffered sexual
abuse to see if there are changes that may suggest possible
retaliation by residents or staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Act promptly to remedy any
such retaliation?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Any resident
disciplinary reports?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Resident housing
changes?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Resident program
changes?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Negative performance
reviews of staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Reassignments of
staff?
Does the agency continue such monitoring beyond 90 days if the yes
initial monitoring indicates a continuing need?
115.367
Agency protection against retaliation
(d)
In the case of residents, does such monitoring also include yes
periodic status checks?
115.367
Agency protection against retaliation
(e)
If any other individual who cooperates with an investigation yes
expresses a fear of retaliation, does the agency take appropriate
measures to protect that individual against retaliation?
115.368
Post-allegation protective custody
(a)
Is any and all use of segregated housing to protect a resident who yes
is alleged to have suffered sexual abuse subject to the
requirements of § 115.342?
115.371
Criminal and administrative agency investigations
(a)
When the agency conducts its own investigations into allegations yes
of sexual abuse and sexual harassment, does it do so promptly,
thoroughly, and objectively? (N/A if the agency does not conduct
any form of administrative or criminal investigations of sexual
abuse or harassment. See 115.321(a).)
Does the agency conduct such investigations for all allegations, yes
including third party and anonymous reports? (N/A if the agency
does not conduct any form of administrative or criminal
investigations of sexual abuse or harassment. See 115.321(a).)
115.371
Criminal and administrative agency investigations
(b)
Where sexual abuse is alleged, does the agency use investigators yes
who have received specialized training in sexual abuse
investigations involving juvenile victims as required by 115.334?
115.371
Criminal and administrative agency investigations
(c)
Do investigators gather and preserve direct and circumstantial yes
evidence, including any available physical and DNA evidence and
any available electronic monitoring data?
Do investigators interview alleged victims, suspected yes
perpetrators, and witnesses?
Do investigators review prior reports and complaints of sexual yes
abuse involving the suspected perpetrator?
115.371
Criminal and administrative agency investigations
(d)
Does the agency always refrain from terminating an investigation yes
solely because the source of the allegation recants the allegation?
115.371
Criminal and administrative agency investigations
(e)
When the quality of evidence appears to support criminal no
prosecution, does the agency conduct compelled interviews only
after consulting with prosecutors as to whether compelled
interviews may be an obstacle for subsequent criminal
prosecution?
115.371 Criminal and administrative agency investigations
(f)
Do agency investigators assess the credibility of an alleged victim, yes
suspect, or witness on an individual basis and not on the basis of
that individual’s status as resident or staff?
Does the agency investigate allegations of sexual abuse without yes
requiring a resident who alleges sexual abuse to submit to a
polygraph examination or other truth-telling device as a condition
for proceeding?
115.371
Criminal and administrative agency investigations
(g)
Do administrative investigations include an effort to determine yes
whether staff actions or failures to act contributed to the abuse?
Are administrative investigations documented in written reports yes
that include a description of the physical evidence and testimonial
evidence, the reasoning behind credibility assessments, and
investigative facts and findings?
115.371
Criminal and administrative agency investigations
(h)
Are criminal investigations documented in a written report that yes
contains a thorough description of the physical, testimonial, and
documentary evidence and attaches copies of all documentary
evidence where feasible?
115.371
Criminal and administrative agency investigations
(i)
Are all substantiated allegations of conduct that appears to be yes
criminal referred for prosecution?
115.371
Criminal and administrative agency investigations
(j)
Does the agency retain all written reports referenced in yes
115.371(g) and (h) for as long as the alleged abuser is
incarcerated or employed by the agency, plus five years unless
the abuse was committed by a juvenile resident and applicable
law requires a shorter period of retention?
115.371
Criminal and administrative agency investigations
(k)
Does the agency ensure that the departure of an alleged abuser yes
or victim from the employment or control of the facility or agency
does not provide a basis for terminating an investigation?
115.371
Criminal and administrative agency investigations
(m)
When an outside entity investigates sexual abuse, does the facility yes
cooperate with outside investigators and endeavor to remain
informed about the progress of the investigation? (N/A if an
outside agency does not conduct administrative or criminal sexual
abuse investigations. See 115.321(a).)
115.372
Evidentiary standard for administrative investigations
(a)
Is it true that the agency does not impose a standard higher than yes
a preponderance of the evidence in determining whether
allegations of sexual abuse or sexual harassment are
substantiated?
115.373
Reporting to residents
(a)
Following an investigation into a resident’s allegation of sexual yes
abuse suffered in the facility, does the agency inform the resident
as to whether the allegation has been determined to be
substantiated, unsubstantiated, or unfounded?
115.373
Reporting to residents
(b)
If the agency did not conduct the investigation into a resident’s yes
allegation of sexual abuse in an agency facility, does the agency
request the relevant information from the investigative agency in
order to inform the resident? (N/A if the agency/facility is
responsible for conducting administrative and criminal
investigations.)
115.373
Reporting to residents
(c)
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The staff member is
no longer posted within the resident’s unit?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The staff member is
no longer employed at the facility?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The agency learns
that the staff member has been indicted on a charge related to
sexual abuse in the facility?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The agency learns
that the staff member has been convicted on a charge related to
sexual abuse within the facility?
115.373
Reporting to residents
(d)
Following a resident’s allegation that he or she has been sexually yes
abused by another resident, does the agency subsequently inform
the alleged victim whenever: The agency learns that the alleged
abuser has been indicted on a charge related to sexual abuse
within the facility?
Following a resident’s allegation that he or she has been sexually yes
abused by another resident, does the agency subsequently inform
the alleged victim whenever: The agency learns that the alleged
abuser has been convicted on a charge related to sexual abuse
within the facility?
115.373
Reporting to residents
(e)
Does the agency document all such notifications or attempted yes
notifications?
115.376
Disciplinary sanctions for staff
(a)
Are staff subject to disciplinary sanctions up to and including yes
termination for violating agency sexual abuse or sexual
harassment policies?
115.376
Disciplinary sanctions for staff
(b)
Is termination the presumptive disciplinary sanction for staff who yes
have engaged in sexual abuse?
115.376
Disciplinary sanctions for staff
(c)
Are disciplinary sanctions for violations of agency policies relating yes
to sexual abuse or sexual harassment (other than actually
engaging in sexual abuse) commensurate with the nature and
circumstances of the acts committed, the staff member’s
disciplinary history, and the sanctions imposed for comparable
offenses by other staff with similar histories?
115.376
Disciplinary sanctions for staff
(d)
Are all terminations for violations of agency sexual abuse or yes
sexual harassment policies, or resignations by staff who would
have been terminated if not for their resignation, reported to: Law
enforcement agencies, unless the activity was clearly not
criminal?
Are all terminations for violations of agency sexual abuse or yes
sexual harassment policies, or resignations by staff who would
have been terminated if not for their resignation, reported to:
Relevant licensing bodies?
115.377
Corrective action for contractors and volunteers
(a)
Is any contractor or volunteer who engages in sexual abuse yes
prohibited from contact with residents?
Is any contractor or volunteer who engages in sexual abuse yes
reported to: Law enforcement agencies (unless the activity was
clearly not criminal)?
Is any contractor or volunteer who engages in sexual abuse yes
reported to: Relevant licensing bodies?
115.377
Corrective action for contractors and volunteers
(b)
In the case of any other violation of agency sexual abuse or sexual yes
harassment policies by a contractor or volunteer, does the facility
take appropriate remedial measures, and consider whether to
prohibit further contact with residents?
115.378
Interventions and disciplinary sanctions for residents
(a)
Following an administrative finding that a resident engaged in yes
resident-on-resident sexual abuse, or following a criminal finding
of guilt for resident-on-resident sexual abuse, may residents be
subject to disciplinary sanctions only pursuant to a formal
disciplinary process?
115.378
Interventions and disciplinary sanctions for residents
(b)
Are disciplinary sanctions commensurate with the nature and yes
circumstances of the abuse committed, the resident’s disciplinary
history, and the sanctions imposed for comparable offenses by
other residents with similar histories?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident is not denied daily
large-muscle exercise?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident is not denied access
to any legally required educational programming or special
education services?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident receives daily visits
from a medical or mental health care clinician?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the resident also have access to other programs
and work opportunities to the extent possible?
115.378
Interventions and disciplinary sanctions for residents
(c)
When determining what types of sanction, if any, should be yes
imposed, does the disciplinary process consider whether a
resident’s mental disabilities or mental illness contributed to his or
her behavior?
115.378
Interventions and disciplinary sanctions for residents
(d)
If the facility offers therapy, counseling, or other interventions yes
designed to address and correct underlying reasons or motivations
for the abuse, does the facility consider whether to offer the
offending resident participation in such interventions?
If the agency requires participation in such interventions as a yes
condition of access to any rewards-based behavior management
system or other behavior-based incentives, does it always refrain
from requiring such participation as a condition to accessing
general programming or education?
115.378
Interventions and disciplinary sanctions for residents
(e)
Does the agency discipline a resident for sexual contact with staff yes
only upon a finding that the staff member did not consent to such
contact?
115.378
Interventions and disciplinary sanctions for residents
(f)
For the purpose of disciplinary action, does a report of sexual yes
abuse made in good faith based upon a reasonable belief that the
alleged conduct occurred NOT constitute falsely reporting an
incident or lying, even if an investigation does not establish
evidence sufficient to substantiate the allegation?
115.378
Interventions and disciplinary sanctions for residents
(g)
Does the agency always refrain from considering non-coercive yes
sexual activity between residents to be sexual abuse? (N/A if the
agency does not prohibit all sexual activity between residents.)
115.381
Medical and mental health screenings; history of sexual abuse
(a)
If the screening pursuant to § 115.341 indicates that a resident yes
has experienced prior sexual victimization, whether it occurred in
an institutional setting or in the community, do staff ensure that
the resident is offered a follow-up meeting with a medical or
mental health practitioner within 14 days of the intake screening?
115.381
Medical and mental health screenings; history of sexual abuse
(b)
If the screening pursuant to § 115.341 indicates that a resident yes
has previously perpetrated sexual abuse, whether it occurred in
an institutional setting or in the community, do staff ensure that
the resident is offered a follow-up meeting with a mental health
practitioner within 14 days of the intake screening?
115.381
Medical and mental health screenings; history of sexual abuse
(c)
Is any information related to sexual victimization or abusiveness yes
that occurred in an institutional setting strictly limited to medical
and mental health practitioners and other staff as necessary to
inform treatment plans and security management decisions,
including housing, bed, work, education, and program
assignments, or as otherwise required by Federal, State, or local
law?
115.381
Medical and mental health screenings; history of sexual abuse
(d)
Do medical and mental health practitioners obtain informed yes
consent from residents before reporting information about prior
sexual victimization that did not occur in an institutional setting,
unless the resident is under the age of 18?
115.382
Access to emergency medical and mental health services
(a)
Do resident victims of sexual abuse receive timely, unimpeded yes
access to emergency medical treatment and crisis intervention
services, the nature and scope of which are determined by
medical and mental health practitioners according to their
professional judgment?
115.382
Access to emergency medical and mental health services
(b)
If no qualified medical or mental health practitioners are on duty yes
at the time a report of recent sexual abuse is made, do staff first
responders take preliminary steps to protect the victim pursuant
to § 115.362?
Do staff first responders immediately notify the appropriate yes
medical and mental health practitioners?
115.382
Access to emergency medical and mental health services
(c)
Are resident victims of sexual abuse offered timely information yes
about and timely access to emergency contraception and sexually
transmitted infections prophylaxis, in accordance with
professionally accepted standards of care, where medically
appropriate?
115.382
Access to emergency medical and mental health services
(d)
Are treatment services provided to the victim without financial yes
cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident?
115.383 Ongoing medical and mental health care for sexual abuse
(a) victims and abusers
Does the facility offer medical and mental health evaluation and, yes
as appropriate, treatment to all residents who have been
victimized by sexual abuse in any prison, jail, lockup, or juvenile
facility?
115.383 Ongoing medical and mental health care for sexual abuse
(b) victims and abusers
Does the evaluation and treatment of such victims include, as yes
appropriate, follow-up services, treatment plans, and, when
necessary, referrals for continued care following their transfer to,
or placement in, other facilities, or their release from custody?
115.383 Ongoing medical and mental health care for sexual abuse
(c) victims and abusers
Does the facility provide such victims with medical and mental yes
health services consistent with the community level of care?
115.383 Ongoing medical and mental health care for sexual abuse
(d) victims and abusers
Are resident victims of sexually abusive vaginal penetration while yes
incarcerated offered pregnancy tests? (N/A if all-male facility.)
115.383 Ongoing medical and mental health care for sexual abuse
(e) victims and abusers
If pregnancy results from the conduct described in paragraph § yes
115.383(d), do such victims receive timely and comprehensive
information about and timely access to all lawful pregnancy-
related medical services? (N/A if all-male facility.)
115.383 Ongoing medical and mental health care for sexual abuse
(f) victims and abusers
Are resident victims of sexual abuse while incarcerated offered yes
tests for sexually transmitted infections as medically appropriate?
115.383 Ongoing medical and mental health care for sexual abuse
(g) victims and abusers
Are treatment services provided to the victim without financial yes
cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident?
115.383 Ongoing medical and mental health care for sexual abuse
(h) victims and abusers
Does the facility attempt to conduct a mental health evaluation of yes
all known resident-on-resident abusers within 60 days of learning
of such abuse history and offer treatment when deemed
appropriate by mental health practitioners?
115.386
Sexual abuse incident reviews
(a)
Does the facility conduct a sexual abuse incident review at the yes
conclusion of every sexual abuse investigation, including where
the allegation has not been substantiated, unless the allegation
has been determined to be unfounded?
115.386
Sexual abuse incident reviews
(b)
Does such review ordinarily occur within 30 days of the conclusion yes
of the investigation?
115.386
Sexual abuse incident reviews
(c)
Does the review team include upper-level management officials, yes
with input from line supervisors, investigators, and medical or
mental health practitioners?
115.386
Sexual abuse incident reviews
(d)
Does the review team: Consider whether the allegation or yes
investigation indicates a need to change policy or practice to
better prevent, detect, or respond to sexual abuse?
Does the review team: Consider whether the incident or allegation yes
was motivated by race; ethnicity; gender identity; lesbian, gay,
bisexual, transgender, or intersex identification, status, or
perceived status; gang affiliation; or other group dynamics at the
facility?
Does the review team: Examine the area in the facility where the yes
incident allegedly occurred to assess whether physical barriers in
the area may enable abuse?
Does the review team: Assess the adequacy of staffing levels in yes
that area during different shifts?
Does the review team: Assess whether monitoring technology yes
should be deployed or augmented to supplement supervision by
staff?
Does the review team: Prepare a report of its findings, including yes
but not necessarily limited to determinations made pursuant to §§
115.386(d)(1)-(d)(5), and any recommendations for improvement
and submit such report to the facility head and PREA compliance
manager?
115.386
Sexual abuse incident reviews
(e)
Does the facility implement the recommendations for yes
improvement, or document its reasons for not doing so?
115.387
Data collection
(a)
Does the agency collect accurate, uniform data for every yes
allegation of sexual abuse at facilities under its direct control
using a standardized instrument and set of definitions?
115.387
Data collection
(b)
Does the agency aggregate the incident-based sexual abuse data yes
at least annually?
115.387
Data collection
(c)
Does the incident-based data include, at a minimum, the data yes
necessary to answer all questions from the most recent version of
the Survey of Sexual Violence conducted by the Department of
Justice?
115.387
Data collection
(d)
Does the agency maintain, review, and collect data as needed yes
from all available incident-based documents, including reports,
investigation files, and sexual abuse incident reviews?
115.387
Data collection
(e)
Does the agency also obtain incident-based and aggregated data yes
from every private facility with which it contracts for the
confinement of its residents? (N/A if agency does not contract for
the confinement of its residents.)
115.387
Data collection
(f)
Does the agency, upon request, provide all such data from the na
previous calendar year to the Department of Justice no later than
June 30? (N/A if DOJ has not requested agency data.)
115.388
Data review for corrective action
(a)
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Identifying problem areas?
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Taking corrective action on an
ongoing basis?
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Preparing an annual report of
its findings and corrective actions for each facility, as well as the
agency as a whole?
115.388
Data review for corrective action
(b)
Does the agency’s annual report include a comparison of the yes
current year’s data and corrective actions with those from prior
years and provide an assessment of the agency’s progress in
addressing sexual abuse?
115.388
Data review for corrective action
(c)
Is the agency’s annual report approved by the agency head and yes
made readily available to the public through its website or, if it
does not have one, through other means?
115.388
Data review for corrective action
(d)
Does the agency indicate the nature of the material redacted yes
where it redacts specific material from the reports when
publication would present a clear and specific threat to the safety
and security of a facility?
115.389
Data storage, publication, and destruction
(a)
Does the agency ensure that data collected pursuant to § 115.387 yes
are securely retained?
115.389
Data storage, publication, and destruction
(b)
Does the agency make all aggregated sexual abuse data, from yes
facilities under its direct control and private facilities with which it
contracts, readily available to the public at least annually through
its website or, if it does not have one, through other means?
115.389
Data storage, publication, and destruction
(c)
Does the agency remove all personal identifiers before making yes
aggregated sexual abuse data publicly available?
115.389
Data storage, publication, and destruction
(d)
Does the agency maintain sexual abuse data collected pursuant to yes
§ 115.387 for at least 10 years after the date of the initial
collection, unless Federal, State, or local law requires otherwise?
115.401
Frequency and scope of audits
(a)
During the prior three-year audit period, did the agency ensure yes
that each facility operated by the agency, or by a private
organization on behalf of the agency, was audited at least once?
(Note: The response here is purely informational. A "no" response
does not impact overall compliance with this standard.)
115.401
Frequency and scope of audits
(b)
Is this the first year of the current audit cycle? (Note: a “no” yes
response does not impact overall compliance with this standard.)
If this is the second year of the current audit cycle, did the agency na
ensure that at least one-third of each facility type operated by the
agency, or by a private organization on behalf of the agency, was
audited during the first year of the current audit cycle? (N/A if this
is not the second year of the current audit cycle.)
If this is the third year of the current audit cycle, did the agency na
ensure that at least two-thirds of each facility type operated by
the agency, or by a private organization on behalf of the agency,
were audited during the first two years of the current audit cycle?
(N/A if this is not the third year of the current audit cycle.)
115.401
Frequency and scope of audits
(h)
Did the auditor have access to, and the ability to observe, all yes
areas of the audited facility?
115.401
Frequency and scope of audits
(i)
Was the auditor permitted to request and receive copies of any yes
relevant documents (including electronically stored information)?
115.401
Frequency and scope of audits
(m)
Was the auditor permitted to conduct private interviews with yes
inmates, residents, and detainees?
115.401
Frequency and scope of audits
(n)
Were inmates, residents, and detainees permitted to send yes
confidential information or correspondence to the auditor in the
same manner as if they were communicating with legal counsel?
115.403
Audit contents and findings
(f)
The agency has published on its agency website, if it has one, or yes
has otherwise made publicly available, all Final Audit Reports. The
review period is for prior audits completed during the past three
years PRECEDING THIS AUDIT. The pendency of any agency
appeal pursuant to 28 C.F.R. § 115.405 does not excuse
noncompliance with this provision. (N/A if there have been no Final
Audit Reports issued in the past three years, or, in the case of
single facility agencies, there has never been a Final Audit Report
issued.)

report_type: PREA

pdf_url: https://www.djj.state.fl.us/content/download/1158694/file/Florida_Leon Regional Juvenile Detention Center_Year2Cycle4.pdf?version=1

program_name_raw: Leon Regional Juvenile Detention Center

cycle: Year 2 Cycle 4