summary: PREA - Year 2 Cycle 2

raw_content:
Prison Rape Elimination Act (PREA) Audit Report
Juvenile Facilities
☐ ☒
Interim Final
Date of Report September 27, 2018
Auditor Information
Name: Cheryl M. Anderson Email: thechandegroup@gmail.com
Company Name: Correctional Management and Communications Group, LLC
Mailing Address: Post Office Box 502 City, State, Zip: Blythewood, SC 29016
Telephone: 803-240-1209 Date of Facility Visit: August 27-28, 2018
Agency Information
Name of Agency Governing Authority or Parent Agency (If Applicable)
Florida Department of Juvenile Justice Florida State Government
Physical Address: Knight Building, 2737 City, State, Zip: Tallahassee, FL 32399-3100
Centerview Drive
Mailing Address: Same as above City, State, Zip: Same as above
Telephone: (850) 413-7313 Is Agency accredited by any organization? ☐ Yes ☒ No
The Agency Is: ☐ ☐ ☐
Military Private for Profit Private not for Profit
☐ ☐ ☒ ☐
Municipal County State Federal
Agency mission: To increase public safety by reducing juvenile delinquency through effective
prevention, intervention and treatment services that strengthen families and turn around the lives of
troubled youth.
Agency Website with PREA Information: www.djj.state.fl.us/partners/prison-rape-elimination-act-(prea)
Agency Chief Executive Officer
Name: Timothy Niermann Title: Interim Secretary
Email: timothy.niermann@djj.state.fl.us Telephone: (850) 488-1850
PREA Audit Report Page 1 of 83 Facility Name – double click to change
Agency-Wide PREA Coordinator
Name: Jeff Wenhold Title: PREA Coordinator
Email: Jeff.Wenhold@djj.state.fl.us Telephone: 850-717-2533
PREA Coordinator Reports to: Number of Compliance Managers who report to the
PREA Coordinator None
Laura K. Moneyham, Assistant Secretary
Residential Services
Facility Information
Name of Facility: Miami Dade Regional Juvenile Detention Center
Physical Address: 3300 NW 27th Ave., Miami, Florida, 33142
Mailing Address (if different than above): Same as above
Telephone Number: 954-467-4563
The Facility Is: ☐ ☐ ☐
Military Private for Profit Private not for Profit
☐ ☐ ☒ ☐
Municipal County State Federal
Facility Type: ☒ ☐ ☐ ☐
Detention Correction Intake Other
Facility Mission: To increase public safety by reducing juvenile delinquency through effective
prevention, intervention and treatment services that strengthen families and turn around the lives of
troubled youth.
Facility Website with PREA Information: www.djj.state.fl.us/partners/prison-rape-elimination-act-(prea)
☐ ☒
Is this facility accredited by any other organization? Yes No
Facility Administrator/Superintendent
Name: Steve Owens Title: Superintendent
Email: steve.owens@djj.state.fl.us Telephone: 305-216-5353
Facility PREA Compliance Manager
Name: Steve Owens Title: Superintendent
Email: steve.owens@djj.state.fl.us Telephone: 305-216-5353
PREA Audit Report Page 2 of 83 Facility Name – double click to change
Facility Health Service Administrator
Name: Molly Asbury Title: Regional Director, LCSW
Email:Masbury@camelotcommunitycare.org Telephone: 561-859-5642
Facility Characteristics
Designated Facility Capacity: 126 Current Population of Facility: 63
Number of residents admitted to facility during the past 12 months 1328
Number of residents admitted to facility during the past 12 months whose length of stay in 606
the facility was for 10 days or more:
Number of residents admitted to facility during the past 12 months whose length of stay in 735
the facility was for 72 hours or more:
Number of residents on date of audit who were admitted to facility prior to August 20, 0
2012:
Age Range of 9-21
Population:
Average length of stay or time under supervision: 18 days
Facility Security Level: Secure Detention
Resident Custody Levels: Secure Detention
Number of staff currently employed by the facility who may have contact with residents: 173
Number of staff hired by the facility during the past 12 months who may have contact with 173
residents:
Number of contracts in the past 12 months for services with contractors who may have 2
contact with residents:
Physical Plant
Number of Buildings: 1 Number of Single Cell Housing Units: 0
Number of Multiple Occupancy Cell Housing Units: 7
Number of Open Miami Dade/Dorm Housing Units: 0
Number of Segregation Cells (Administrative and 10
Disciplinary:
Description of any video or electronic monitoring technology (including any relevant information about where
cameras are placed, where the control room is, retention of video, etc.):
The facility is equipped with a video surveillance system which includes 178 cameras. The
monitors are located in the Main Control room in the administrative area. The monitoring data will
be maintained for at least 30 days or until review of data is complete, whichever occurs first.
Medical
Type of Medical Facility: In-house clinic
Forensic sexual assault medical exams are conducted Roxy Bolton Sexual Assault Program
at:
Other
Number of volunteers and individual contractors, who may have contact with residents, 5
currently authorized to enter the facility:
Number of investigators the agency currently employs to investigate allegations of 0
sexual abuse:
PREA Audit Report Page 3 of 83 Facility Name – double click to change
Audit Findings
Audit Narrative
The auditor’s description of the audit methodology should include a detailed description of the following
processes during the pre-onsite audit, onsite audit, and post-audit phases: documents and files reviewed,
discussions and types of interviews conducted, number of days spent on-site, observations made during the
site-review, and a detailed description of any follow-up work conducted during the post-audit phase. The
narrative should describe the techniques the auditor used to sample documentation and select interviewees,
and the auditor’s process for the site review.
The Miami Dade Regional Juvenile Detention Center (MDRJDC) is located in Miami, Florida.
The onsite audit phase of the Prison Rape Elimination Act (PREA) audit was conducted on
August 29-30, 2018 by Cheryl Anderson, a certified U. S. Department of Justice PREA
Auditor. The facility’s initial PREA audit was completed with a written report on August 7,
2015. The current audit was attained and assigned to the Auditor by Correctional
Management and Communications Group, LLC of Minneola, Florida.
The MDRJDC is a 126-bed hardware secure facility and houses residents 9-21 years old. The
facility serves youth detained by various circuit court(s). Youth are detained pending
adjudication, disposition or placement in commitment facility. Services for youth include:
education, mental health, substance abuse, and health care. Medical and mental health are
contracted services. Educational services are funded by the Department of Education through
Miami-Dade County Public Schools. There are no known existing conflicts of interest with the
Auditors and the facility and there were no barriers in completing any phase of the audit.
Audit Methodology
Pre-Onsite Audit Phase
In preparation for the on-site audit, a conference call was conducted with the Florida
Department of Juvenile Justice (FDJJ) Statewide PREA Coordinator, a North Regional Office
representative, a South Regional Office representative, the facility Superintendent, who also
serves as the PREA Compliance Manager, and the facility’s Captain. During the conference
call, an overview of the audit process was discussed and requested documentation was
reviewed. There were also discussions concerning access to the facility and staff, the audit
process, logistics for the onsite phase of the audit, and goals and expectations prior to the
site visit. The notifications of the on-site audit which provided Auditor contact information were
posted six weeks prior to the audit. The postings of the notices were verified by photographs
received electronically from the Superintendent. The photographs indicated notices were
posted in various locations throughout the facility including the housing areas, educational
areas, dining areas, and administrative areas. The audit notice was posted using color and
large print that was easy to see and read. The notices were strategically placed throughout
the facility, accessible to residents, staff, visitors, and volunteers. The posted audit notices
contained the Auditor’s contact information and included information regarding confidentiality.
No correspondence was received during any phase of the audit. Further verification of their
placement was made through observations during the site tour. The original notice was
PREA Audit Report Page 4 of 83 Facility Name – double click to change
provided to the facility by the FDJJ PREA Coordinator and had previously been provided by
CMCG to the FDJJ PREA Coordinator. The notice was posted in English at eye levels easy
for a person to see either standing or sitting. All residents in the facility during the time of the
site visit spoke and read English.
The Pre-Audit Questionnaire (PAQ), completed August 19, 2018, policies and supporting
documentation were received within an adequate timeframe prior to the onsite visit for review.
The documents were uploaded to a USB flash drive. The initial review revealed the flash drive
was well-organized and easy to navigate. Any additional information needed was discussed
with the facility Superintendent and was received within a timely manner or available for
review during the onsite visit.
The PREA Coordinator had been previously provided a document by CMCG titled,
“Information Requested to Determine Staff and Residents to be Interviewed During the On-
Site PREA Audit.” The document was forwarded to the facility Superintendent who completed
and returned the document to the Auditor. The document requested the identification of the
staff members who served and performed in specific PREA related specialized roles within
the facility, including volunteers and contractors who have contact with residents. The
document requested a list of direct care staff and their shift assignments and a resident
population roster. Additionally, the request included information regarding residents who may
be in vulnerable categories such as disabled; limited English proficient; intersex, gay, lesbian,
bisexual and/or transgender residents; and residents housed in isolation.
The Auditor communicated with the facility Superintendent to confirm schedules and to clarify
specialized PREA roles. A current resident roster was also provided to the Auditor. As a result
of the information received, the Auditor developed an interview schedule of specialized and
random staff and residents, including targeted resident interviews. The facility provided the
lists and information before and during the site visit that assisted with the following
determinations and interview selections:
Lists/Information Comments
Complete Resident Roster An up-to-date roster was provided prior to
the site visit.
Youthful inmates/detainees Youthful inmates/detainees identified on
interview document sent to the facility.
Residents with disabilities None were identified.
Residents who are Limited English Proficient None were identified.
LGBTI Residents None were identified.
Residents in segregated housing None were identified.
Residents in Isolation None were identified.
Residents who reported sexual abuse None were identified.
Residents who reported sexual victimization None were identified
during risk screening.
Staff roster for the time of the site visit. The roster was provided during the pre-
onsite phase of the audit.
PREA Audit Report Page 5 of 83 Facility Name – double click to change
Specialized Staff Specialized staff was identified on interview
document sent to the facility.
Contractors who have contact with the Contractors identified on interview
residents document sent to the facility and on the
flash drive.
Volunteer who has contact with the residents Volunteer identified on interview document
sent to the facility and on the flash drive.
All grievances/allegations made in the 12 None
months preceding the audit
All allegations of sexual abuse and sexual None
harassment reported for investigation in the 12
months preceding the audit
Hotline calls made during the 12 months None
preceding the audit
Detailed list of number of sexual abuse and The facility reported there were no
sexual harassment allegations in the 12 months allegations of sexual abuse or sexual
preceding the audit harassment in the 12 months preceding the
audit.
The Auditor reviewed the lists/documents provided and conferred with the facility
Superintendent in development of the interview schedule to ensure clarity regarding
specialized PREA roles among staff.
Internet research of the facility revealed no indication of litigation, U. S. Department of Justice
involvement, or federal consent decrees. General and specific information about the facility
and the programs and services provided are detailed on the facility’s website. An array of
information, pictures of the facility and contact information may be accessed from the
informative page. The facility’s website also contains PREA information including but not
limited to the zero-tolerance and coordinated response policies. The PREA audit report for
the initial audit on August 7, 2015 is located on the website and it also contains the third-party
reporting form.
Onsite Audit Phase
During the pre-audit phase, the Auditor was provided a diagram of the physical plant which
provided familiarity with the layout of the facility. The physical plant consists of one main
building. The main building houses the lobby area; administrative area with conference
room; video surveillance control room; seven housing units (three of which are being
renovated); thirteen confinement cells; youth game-room; staff training room; medical clinic;
intake/release; sally port; offices; library; kitchen/dining area; and five classrooms for
education. Upon arriving at the facility, an entrance meeting was held. Formal introductions
were made and a review of the audit process, site visit activities and the itinerary were
reviewed. Following the entrance meeting with the Superintendent, Captain, a South
Regional Office representative, and a North Regional Office representative, a
comprehensive tour of the facility was conducted, guided by the Captain.
During the tour, youth were observed to be under constant supervision of the staff while
PREA Audit Report Page 6 of 83 Facility Name – double click to change
involved in various activities. PREA signage (in bold and colorful print) was displayed in all
areas frequented by the residents. The tour included all areas of the facility which included
but was not limited to Intake, all housing units, medical, food services, industry areas,
programming, and education areas. The facility was clean and well maintained. Staff,
contractors and volunteers announced themselves prior to entering the housing area of the
opposite gender.
Signage was observed on doors indicating youth are not allowed in the room/area or only
allowed with staff supervision. Observation of community bathrooms revealed shower stall
openings have shower curtains to allow residents privacy when taking showers. The shower
procedures are printed and posted at the entrance of the bathroom on each unit. Also,
residents have toilets in their single cell unit to allow for privacy when using the toilet.
Observation of the surveillance system monitors revealed cameras do not capture showers,
toilets or inside residents’ rooms.
The signage posted includes instructions on accessing the 24/7 hotline for reporting
allegations and requesting advocacy services for The Roxy Bolton Center (rape crisis center)
in Miami, FL. A Memorandum of Understanding (MOU) exists with The Roxy Bolton Center to
receive allegations of sexual abuse and sexual harassment and for the provision of advocacy
services upon request. The Center was contacted and interviewed by phone and confirmed
the advocacy services to be provided in accordance with the MOU.
Documentation and interviews with the Nurse and Superintendent confirmed forensic medical
examinations will be performed at the Roxy Bolton Center or the Jackson Memorial Hospital.
The hospital’s Sexual Assault Policy provides that a Sexual Assault Nurse Examiner (SANE)
will conduct the examinations. According to the Advocacy Center’s written Policy, when a
SANE is not available, the Emergency Department Physician and Emergency Department
Nurse will assume care of the patient and follow the protocols outlined in the Policy.
Questions were answered by staff during informal interviews regarding resident activities and
program services as the tour progressed throughout the facility. The site visit also included
the outside grounds. During the tour, the intake process was described, and the daily
scheduled activities and staff supervision were discussed by the Superintendent/PREA
Manager. There were no new admissions during the site visit. Staff readily explained activities
as different facility areas were visited.
Staff of the opposite gender, must announce their presence when entering the housing unit
or any area where a resident shower, change clothes, or perform bodily functions. All
residents interviewed stated the staff members announce their presence prior to entering the
housing unit. This practice was experienced and observed during the tour.
Medical Request Forms, PREA/grievance forms, and the locked boxes for each are posted in
the common area, accessible to all residents, staff and visitors. All residents have access to
writing utensils needed for completing the forms. The doors to closets and storage rooms are
kept locked.
PREA Audit Report Page 7 of 83 Facility Name – double click to change
Interviews
One hundred and seventy-three staff members are currently employed at the facility that may
have contact with residents. During the on-site visit, 12 random direct care staff from the three
shifts and ten specialized staff were interviewed. The interviews revealed staff are
knowledgeable of PREA standards and were able to articulate their responsibilities in the
PREA roles. Ten residents were also interviewed including three targeted population residents
after randomly selecting the names from the facility population report. A previous inquiry was
made regarding vulnerable categories within the resident population related to the selection
of targeted interviews. The random selections were made from the population roster,
considering each housing unit and information regarding the make-up of the population. The
interviews revealed the residents were informed of their right to be free from sexual abuse
and sexual harassment and how to report sexual abuse and sexual harassment. Most
residents indicated that they learned of PREA during their stay at the Juvenile Assessment
Center (JAC). The resident population on the first day of the onsite audit was 62.
The training records of staff interviewed, and the files of residents interviewed were reviewed
along with policies and other secondary documentation. The Auditor reviewed staff, contractor
and volunteer training records to ensure that all required training had been completed. The
Auditor also reviewed staff personnel files related to completed investigations and disciplinary
actions taken regarding PREA related allegations.
The Auditor conducted 16 resident interviews in the following categories during the onsite
phase of the audit:
Category of Residents Number of
Interviews
Random Residents 16
Resident who Identify as Gay or Bisexual 1
Resident with Physical Disability 1
Resident with Cognitive Disability 1
The Auditor conducted the following number of specialized staff interviews during the onsite
phase of the audit:
Category of Staff Number of
Interviews
Medical Staff 1
Mental Health Staff 1
Administrative (Human Resources) Staff
1
Intermediate or Higher-level Facility Staff
1
(unannounced rounds)
Volunteer who have Contact with
1
Residents (by phone)
PREA Audit Report Page 8 of 83 Facility Name – double click to change
Staff who Perform Screening for Risk of
1
Victimization and Abusiveness
Staff on the Incident Review Team 1
Designated Staff Member Charged with
1
Monitoring Retaliation
Non-Security Staff First Responders 1
Intake Staff 1
Number of Specialized Staff Interviews 10
Number of Random Staff Interviews 12
Total Random and Specialized Interviews 22
Total Interviews plus Superintendent/
23
PREA Coordinator
Onsite Documentation Review
The Auditor received many examples of documentation from resident and staff files as part of
the Pre-Onsite Audit Phase. During the Pre-Onsite Audit Phase and the Onsite Audit Phase
the auditor reviewed a sample of personnel files of the staff selected to be interviewed,
including documentation of criminal background checks occurring. The PREA Pre-Audit
Questionnaire and facility policies, procedures and supporting documentation were reviewed
prior to the site visit and while onsite for interviewees and persons not interviewed. The
secondary documentation reviewed included but was not limited to Vulnerability
Assessments; PREA/Grievance Form; Medical Request Form; PREA education and training
acknowledgement forms; training records; checklists; sexual abuse coordinated response
plan; annual staffing plan assessment; staffing plan; staff schedules; unannounced rounds
reports; retaliation monitoring form; organization chart; and other documentation. The facility
reports there were no allegations of sexual abuse or sexual harassment in the past 12 months.
Additional information for the audit process was provided upon request and in a timely manner
while on-site. A close-out meeting was held at the conclusion of the on-site audit with the
Superintendent, Captain, a South Regional Office Representative and a North Regional Office
Representative to allow the opportunity for questions and to review the on-site audit process
was provided. The timelines for the submission of PREA reports were reviewed.
Post Onsite Audit Phase
The Auditor contacted the Superintendent regarding clarity of information. The final report was
concluded on the posted date. The Auditor determined the information and documentation
received and reviewed and the results of the site visit confirmed all the standards were met
as indicated below and detailed throughout this report. The report was submitted to the FDJJ
PREA Coordinator to be reviewed and subsequently forwarded to the facility.
There were no corrective actions to be addressed, the facility was found to be in compliance
with all applicable standards.
PREA Audit Report Page 9 of 83 Facility Name – double click to change
Facility Characteristics
The auditor’s description of the audited facility should include details about the facility type, demographics
and size of the inmate, resident or detainee population, numbers and type of staff positions, configuration
and layout of the facility, numbers of housing units, description of housing units including any special
housing units, a description of programs and services, including food service and recreation. The auditor
should describe how these details are relevant to PREA implementation and compliance.
The MDRJDC is a hardware secure facility that serves youth between 9 to 21 years of age
who are pending adjudication, disposition or placement in commitment facilities. The average
length of stay is approximately eighteen days. The facility’s rated capacity is 126. One
thousand, three-hundred and twenty-eight residents have been admitted to the MDRJDC
facility in the past 12 months. The facility is equipped with a video surveillance system which
includes 178 cameras. The monitors are located in the Main Control room in the administrative
area.
The physical plant consists of one main building. The main building houses the lobby area;
administrative area with conference room; video surveillance control room; seven housing
units (three of which are being renovated); thirteen confinement cells; youth game-room; staff
training room; medical clinic; intake/release; sally port; offices; library; kitchen/dining area;
and five classrooms for education. The facility's dining area is the primary location for
visitation. Visitation occurs two times a week on Wednesdays and Sundays.
The facility provides supervision of youth in a safe, secure and humane environment. The
facility operates with a total of one hundred seventy-three full time employees including a
superintendent, captain, administrative assistant, administrative secretary, thirteen
supervisors, maintenance staff, food support staff, mental health staff, medical staff,
educational staff, and Juvenile Detention Officer staff. Services for youth include education,
mental health, substance abuse and medical health care. Medical services are contracted
with Camelot Health Care Services and Mental Health services are contracted with Maxim
Health Care Services. Medical and Mental Health Services are available to youth seven days
a week. The contracted staff consists of a Physician, an Advanced Registered Nurse
Practitioner, Registered Nurses and Licensed Practical Nurses as well as a Licensed Mental
Health Counselor. The educational services are funded by the Florida Department of
Education through the Miami Dade County Public Schools.
Direct care staff members/random staff are responsible for the daily and direct supervision of
residents and manage them during their daily activities. The staff to resident ratio was
observed to be met in all areas of the facility during the on-site tour. The camera monitoring
system, in addition to mirrors, support the direct supervision provided by staff. The cameras
were observed to be constantly monitored.
There is a host of management, supervisory, support and contract staff members who provide
oversite of or participation in processes and activities that contribute to the facility operations.
Allegations that are criminal in nature are investigated by the Miami-Dade Police Department
as confirmed through interviews.
PREA Audit Report Page 10 of 83 Facility Name – double click to change
The resident interviews, documentation and observations confirmed the provision of the
programs and services described. The residents indicated they could communicate with their
parents/guardians through telephone calls and visits. Observations during the tour revealed
adequate space for conducting the programs and services described. There is enough space
to accommodate visitation and meetings in private, as needed.
Summary of Audit Findings
The summary should include the number of standards exceeded, number of standards met, and number of
standards not met, along with a list of each of the standards in each category. If relevant, provide a
summarized description of the corrective action plan, including deficiencies observed, recommendations
made, actions taken by the agency, relevant timelines, and methods used by the auditor to reassess
compliance.
Auditor Note: No standard should be found to be “Not Applicable” or “NA”. A compliance determination
must be made for each standard.
Number of Standards Exceeded: 0
Click or tap here to enter text.
41
Number of Standards Met:
Click or tap here to enter text.
Number of Standards Not Met: 0
Click or tap here to enter text.
Summary of Corrective Action (if any)
Specific corrective actions taken to address the deficiencies identified during the review and on-site
visit are summarized in this report under the related standard.
None
PREVENTION PLANNING
Standard 115.311: Zero tolerance of sexual abuse and sexual harassment;
PREA coordinator
All Yes/No Questions Must Be Answered by The Auditor to Complete the Report
115.311 (a)
▪ Does the agency have a written policy mandating zero tolerance toward all forms of sexual
abuse and sexual harassment? ☒ Yes ☐ No
▪ Does the written policy outline the agency’s approach to preventing, detecting, and responding
to sexual abuse and sexual harassment? ☒ Yes ☐ No
115.311 (b)
PREA Audit Report Page 11 of 83 Facility Name – double click to change
▪ Has the agency employed or designated an agency-wide PREA Coordinator? ☒ Yes ☐ No
▪ Is the PREA Coordinator position in the upper-level of the agency hierarchy? ☒ Yes ☐ No
▪ Does the PREA Coordinator have sufficient time and authority to develop, implement, and
oversee agency efforts to comply with the PREA standards in all of its facilities? ☒ Yes ☐ No
115.311 (c)
▪ If this agency operates more than one facility, has each facility designated a PREA compliance
manager? (N/A if agency operates only one facility.) ☒ Yes ☐ No ☐ NA
▪ Does the PREA compliance manager have sufficient time and authority to coordinate the
facility’s efforts to comply with the PREA standards? (N/A if agency operates only one facility.)
☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documentation Reviewed:
PREA Pre-Audit Questionnaire
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Organizational Chart
PREA Coordinator’s Job Description
2017 Annual Report
Interviews:
PREA Coordinator
Random Staff
PREA Audit Report Page 12 of 83 Facility Name – double click to change
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 FDJJ PREA Policy 1919 and MDRJDC Facility Operating Procedure (FOP)-PREA,
mandates zero-tolerance of sexual abuse and sexual harassment and outlines how the facility
carries out its approach to preventing, detecting and responding to sexual abuse and sexual
harassment. The Policy and FOP includes definitions of prohibited behaviors and sanctions
for those found to have participated in prohibited behaviors. The Policy and FOP also provides
strategies and responses for reducing and preventing sexual abuse and 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.
MDRJDC is a juvenile detention facility governed and operated by the Florida Department of
Juvenile Justice (FDJJ) which employs an agency-wide PREA Coordinator who is in an upper-
level management position within the agency. An interview with the PREA Coordinator
revealed he has sufficient time and authority to develop, implement, and oversee agency
efforts to comply with the PREA standards in all of the agency’s 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 also serves as the PREA Compliance Manager. An interview
with the PREA Compliance Manager revealed he has sufficient time to oversee the facility’s
PREA compliance efforts and to perform his other duties.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor has
determined the facility is compliant with this standard requiring a zero-tolerance policy toward
sexual abuse and sexual harassment and the designation of a PREA Coordinator.
Standard 115.312: Contracting with other entities for the confinement of
residents
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.312 (a)
▪ If this agency is public and it contracts for the confinement of its residents with private agencies
PREA Audit Report Page 13 of 83 Facility Name – double click to change
or other entities including other government agencies, has the agency included the entity’s
obligation to adopt and comply with the PREA standards in any new contract or contract
renewal signed on or after August 20, 2012? (N/A if the agency does not contract with private
agencies or other entities for the confinement of residents.) ☒ Yes ☐ No ☐ NA
115.312 (b)
▪ Does any new contract or contract renewal signed on or after August 20, 2012 provide for agency
contract monitoring to ensure that the contractor is complying with the PREA standards? (N/A if the
agency does not contract with private agencies or other entities for the confinement of residents OR
the response to 115.312(a)-1 is "NO".) ☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
PREA Pre-Audit Questionnaire
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interview:
Superintendent
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.
Currently, FDJJ has 82 contracts with providers for the confinement of juveniles in residential
facilities throughout the State of Florida. A review of a signed contract revealed provider’s
agreement to comply with all requirements and standards of the Prison Rape Elimination Act
28 CFR Part 115 as outlined in FDJJ Policy 1919.
PREA Audit Report Page 14 of 83 Facility Name – double click to change
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.
All contracts require FDJJ to monitor the contractor’s compliance with PREA standards.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor has determined the
facility does contract for the confinement of its residents.
Standard 115.313: Supervision and monitoring
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.313 (a)
▪ Does the agency ensure that each facility has developed a staffing plan that provides for
adequate levels of staffing and, where applicable, video monitoring, to protect residents against
sexual abuse? ☒ Yes ☐ No
▪ Does the agency ensure that each facility has implemented a staffing plan that provides for
adequate levels of staffing and, where applicable, video monitoring, to protect residents against
sexual abuse? ☒ Yes ☐ No Does the agency ensure that each facility has documented a
staffing plan that provides for adequate levels of staffing and, where applicable, video
monitoring, to protect residents against sexual abuse? ☒ Yes ☐ No
▪ Does the agency ensure that each facility’s staffing plan takes into 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? ☒ Yes ☐ No
▪ Does the agency ensure that each facility’s staffing plan takes into 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?
☒ Yes ☐ No
▪ Does the agency ensure that each facility’s staffing plan takes into consideration the 11 criteria
below in calculating adequate staffing levels and determining the need for video monitoring: Any
judicial findings of inadequacy? ☒ Yes ☐ No
▪ Does the agency ensure that each facility’s staffing plan takes into 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? ☒ Yes ☐ No
▪ Does the agency ensure that each facility’s staffing plan takes into 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? ☒ Yes ☐ No
▪ Does the agency ensure that each facility’s staffing plan takes into consideration the 11 criteria
PREA Audit Report Page 15 of 83 Facility Name – double click to change
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)? ☒ Yes ☐ No
▪ Does the agency ensure that each facility’s staffing plan takes into consideration the 11 criteria
below in calculating adequate staffing levels and determining the need for video monitoring: The
composition of the resident population? ☒ Yes ☐ No
▪ Does the agency ensure that each facility’s staffing plan takes into consideration the 11 criteria
below in calculating adequate staffing levels and determining the need for video monitoring: The
number and placement of supervisory staff? ☒ Yes ☐ No
▪ Does the agency ensure that each facility’s staffing plan takes into consideration the 11 criteria
below in calculating adequate staffing levels and determining the need for video monitoring:
Institution programs occurring on a particular shift? ☒ Yes ☐ No
▪ Does the agency ensure that each facility’s staffing plan takes into 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? ☒ Yes ☐ No
▪ Does the agency ensure that each facility’s staffing plan takes into consideration the 11 criteria
below in calculating adequate staffing levels and determining the need for video monitoring: Any
other relevant factors? ☒ Yes ☐ No
115.313 (b)
▪ Does the agency comply with the staffing plan except during limited and discrete exigent
circumstances? ☒ Yes ☐ No
▪ In circumstances where the staffing plan is not complied with, does the facility document all
deviations from the plan? (N/A if no deviations from staffing plan.) ☐ Yes ☐ No ☒ NA
115.313 (c)
▪ Does the facility maintain staff ratios of a minimum of 1:8 during resident waking hours, except
during limited and discrete exigent circumstances? (N/A only until October 1, 2017.)
☒ Yes ☐ No ☐ NA
▪ Does the facility maintain staff ratios of a minimum of 1:16 during resident sleeping hours,
except during limited and discrete exigent circumstances? (N/A only until October 1, 2017.)
☒ Yes ☐ No ☐ NA
▪ Does the facility fully document any limited and discrete exigent circumstances during which the
facility did not maintain staff ratios? (N/A only until October 1, 2017.) ☒ Yes ☐ No ☐ NA
▪ Does the facility ensure only security staff are included when calculating these ratios? (N/A only
until October 1, 2017.) ☒ Yes ☐ No ☐ NA
PREA Audit Report Page 16 of 83 Facility Name – double click to change
▪ Is the facility obligated by law, regulation, or judicial consent decree to maintain the staffing
ratios set forth in this paragraph? ☐ Yes ☒ No
115.313 (d)
▪ In the past 12 months, has the facility, in consultation with the agency PREA Coordinator, assessed,
determined, and documented whether adjustments are needed to: The staffing plan established
pursuant to paragraph (a) of this section? ☒ Yes ☐ No
▪ In the past 12 months, has the facility, in consultation with the agency PREA Coordinator,
assessed, determined, and documented whether adjustments are needed to: Prevailing staffing
patterns? ☒ Yes ☐ No
▪ In the past 12 months, has the facility, in consultation with the agency PREA Coordinator,
assessed, determined, and documented whether adjustments are needed to: The facility’s
deployment of video monitoring systems and other monitoring technologies? ☒ Yes ☐ No
▪ In the past 12 months, has the facility, in consultation with the agency PREA Coordinator,
assessed, determined, and documented whether adjustments are needed to: The resources the
facility has available to commit to ensure adherence to the staffing plan? ☒ Yes ☐ No
▪ 115.313 (e)
▪ Has the facility implemented a policy and practice of having intermediate-level or higher-level
supervisors conduct and document unannounced rounds to identify and deter staff sexual
abuse and sexual harassment? (N/A for non-secure facilities) ☒ Yes ☐ No ☐ NA
▪ Is this policy and practice implemented for night shifts as well as day shifts? (N/A for non-secure
facilities) ☒ Yes ☐ No ☐ NA
▪ Does the facility have a policy prohibiting staff from alerting other staff members that these
supervisory rounds are occurring, unless such announcement is related to the legitimate
operational functions of the facility? (N/A for non-secure facilities) ☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
PREA Audit Report Page 17 of 83 Facility Name – double click to change
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Staffing Plan
Staffing Plan Assessment
Monthly Schedule
Resident Daily Rosters
PREA Pre-Audit Questionnaire
Interviews:
Superintendent/PREA Compliance Manager
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.
FDJJ Policy 1919 and MDRJDC FOP-PREA requires the facility to develop, implement and
document an approved staffing plan. 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.
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 126 residents. MDRJDC FOP- PREA
requires the facility to document deviations from the staffing plan on the Shift Report however
due to the facility’s hold-over policy, there were no deviations from the plan to review.
PREA Audit Report Page 18 of 83 Facility Name – double click to change
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 to
maintain staffing ratios of 1:8 staff to resident ratio during waking hours or a 1:16 staff to
resident ratio during sleeping hours; however, the facility’s staffing plan does reflect the
required ratios. Observation during the tour revealed the staff to residents’ ratio exceeds
requirements.
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 May 22, 2018 was
reviewed and found to be in compliance with all elements contained in (d)-1 of this standard.
MDRJDC utilizes video monitoring combined with direct staff supervision to protect residents
from sexual abuse and sexual harassment. FDJJ Policy 1919 and MDRJDC FOP PREA
requires intermediate or higher-level staff to conduct unannounced rounds to deter and identify
staff sexual abuse and sexual harassment.
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.
An interview with a higher- level staff member and a review of unannounced rounds
documentation revealed over time unannounced rounds are conducted on all three shifts in
all areas of the facility.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
PREA Audit Report Page 19 of 83 Facility Name – double click to change
the facility is in compliance with this standard regarding supervision and monitoring.
Standard 115.315: Limits to cross-gender viewing and searches
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.315 (a)
▪ Does the facility always refrain from conducting any cross-gender strip or cross-gender visual
body cavity searches, except in exigent circumstances or by medical practitioners?
☒ Yes ☐ No
115.315 (b)
▪ Does the facility always refrain from conducting cross-gender pat-down searches in non-exigent
circumstances? ☒ Yes ☐ No ☐ NA
115.315 (c)
▪ Does the facility document and justify all cross-gender strip searches and cross-gender visual
body cavity searches? ☒ Yes ☐ No
▪ Does the facility document all cross-gender pat-down searches? X Yes ☐ No
115.315 (d)
▪ Does the facility 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? ☒ Yes ☐ No
▪ Does the facility require staff of the opposite gender to announce their presence when entering
a resident housing unit? ☒ Yes ☐ No
▪ In facilities (such as group homes) that do not contain discrete housing units, does the facility
require staff of the opposite gender to announce their presence when entering an area where
residents are likely to be showering, performing bodily functions, or changing clothing? (N/A for
facilities with discrete housing units) ☐ Yes ☐ No ☒ NA
115.315 (e)
▪ Does the facility always refrain from searching or physically examining transgender or intersex
residents for the sole purpose of determining the resident’s genital status? ☒ Yes ☐ No
▪ If a resident’s genital status is unknown, does the facility determine genital status during
conversations with the resident, by reviewing medical records, or, if necessary, by learning that
PREA Audit Report Page 20 of 83 Facility Name – double click to change
information as part of a broader medical examination conducted in private by a medical practitioner?
☒ Yes ☐ No
115.315 (f)
▪ Does the facility/agency train security staff in how to conduct cross-gender pat down searches
in a professional and respectful manner, and in the least intrusive manner possible, consistent
with security needs? ☒ Yes ☐ No
▪ Does the facility/agency train security staff in how to conduct searches of transgender and
intersex residents in a professional and respectful manner, and in the least intrusive manner
possible, consistent with security needs? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
PREA Pre-Audit Questionnaire
Training Curriculum
Training Acknowledgement Statements
Training Sign-in Sheet
Posted Signs
Interviews
Random Staff
Residents
Provision (a):
The facility shall not conduct cross-gender strip searches or cross-gender visual body cavity
PREA Audit Report Page 21 of 83 Facility Name – double click to change
searches (meaning a search of the anal or genital opening) except in exigent circumstances
or when performed by medical practitioners.
FDJJ Policy 1919 and MDRJDC FOP PREA prohibit cross-gender strip searches, or pat down
searches of youth, except in exigent circumstances and there have been no such searches
conducted by direct care staff in the past 12 months as verified by random staff and random
resident interviews.
Provision (b):
The agency shall not conduct cross-gender pat-down searches except in exigent
circumstances.
MDRJDC FOP Searches states body cavity searches require the Superintendent’s
authorization and must be conducted by licensed medical personnel in a medical
establishment. There were no body cavity searches of residents in the past 12 months.
MDRJDC FOP PREA states the facility must be configured to allow residents to shower,
perform bodily functions and change clothing without staff of the opposite sex viewing their
bodies. Staff and resident interviews confirm there is no cross-gender viewing. Observation
of the bathrooms revealed all shower stalls have shower curtains to allow privacy while taking
showers.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA require opposite sex staff, volunteers and
contractors entering housing units to announce themselves. Resident interviews verified this
is done on consistent bases.
FDJJ Policy 1919 and MDRJDC FOP PREA prohibit the search of a transgender or intersex
resident solely for the purpose of determining the resident’s genital status and staff interviews
verified compliance.
One hundred percent of direct care staff have received training on cross-gender pat down
searches and searches of transgender and intersex residents as verified during interviews of
random staff. The interviews revealed staff are knowledgeable of PREA standards and were
able to articulate their responsibilities in the PREA roles. Training curriculum and training logs
were reviewed and confirmed compliance.
Standard 115.316: Residents with disabilities and residents who are limited
English proficient
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.316 (a)
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including: Residents who are deaf or hard
PREA Audit Report Page 22 of 83 Facility Name – double click to change
of hearing? ☒ Yes ☐ No
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an
equal opportunity to participate in or benefit from all aspects of the agency’s efforts to
prevent, detect, and respond to sexual abuse and sexual harassment, including: Residents
who are blind or have low vision? ☒ Yes ☐ No
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including: Residents who have intellectual
disabilities? ☒ Yes ☐ No
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including: Residents who have psychiatric
disabilities? ☒ Yes ☐ No
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including: Residents who have speech
disabilities? ☒ Yes ☐ No
▪ Does the agency take appropriate steps to ensure that residents with disabilities have an equal
opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including: Other? (If "other," please
explain in overall determination notes.) ☒ Yes ☐ No
▪ Do such steps include, when necessary, ensuring effective communication with residents who
are deaf or hard of hearing? ☒ Yes ☐ No
▪ Do such steps include, when necessary, providing access to interpreters who can interpret
effectively, accurately, and impartially, both receptively and expressively, using any necessary
specialized vocabulary? ☒ Yes ☐ No
▪ Does the agency ensure that written materials are provided in formats or through methods that
ensure effective communication with residents with disabilities including residents who: Have
intellectual disabilities? ☒ Yes ☐ No
▪ Does the agency ensure that written materials are provided in formats or through methods that
ensure effective communication with residents with disabilities including residents who: Have
limited reading skills? ☒ Yes ☐ No
▪ Does the agency ensure that written materials are provided in formats or through methods that
ensure effective communication with residents with disabilities including residents who: Are
blind or have low vision? ☒ Yes ☐ No
115.316 (b)
▪ Does the agency take reasonable steps to ensure meaningful access to all aspects of the
PREA Audit Report Page 23 of 83 Facility Name – double click to change
agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment to
residents who are limited English proficient? ☒ Yes ☐ No
▪ Do these steps include providing interpreters who can interpret effectively, accurately, and
impartially, both receptively and expressively, using any necessary specialized vocabulary?
☒ Yes ☐ No
115.316 (c)
▪ Does the agency always refrain from relying on resident interpreters, resident readers, or other
types of resident assistants except in limited circumstances where an extended delay in
obtaining an effective interpreter could compromise the resident’s safety, the performance of
first-response duties under §115.364, or the investigation of the resident’s allegations?
☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Memorandum of Understanding (MOU), The School Board of Miami Dade County, FL
Language Line Services, Inc. Purchase Order
List of Bilingual Staff able to translate
FDJJ Special Needs Directives and Alerts
Interviews:
Superintendent
Residents
Random Staff
Provision (a):
PREA Audit Report Page 24 of 83 Facility Name – double click to change
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.
The Policy and FOP addresses 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.
The Policy and FOP prohibits use of resident interpreters, resident readers, or other types of
resident assistants except in limited circumstances where an extended delay in obtaining an
effective interpreter could compromise the resident’s safety, performance of first responder
duties, or the investigation of the allegations. Staff interviews confirmed this information. The
facility has a MOU with the School Board of Miami Dade County for supportive services to
residents with disabilities or who may be limited English proficient which was verified through
the interview with the Superintendent.
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. All staff interviewed confirmed residents are not used as interpreters and
understand prior arrangements have been made regarding language interpreters. There are
staff who can speak and translate in other languages in an emergency situation. The evidence
shows the facility ensures access to all aspects of the agency’s efforts to prevent, detect, and
respond to sexual abuse and sexual harassment to residents who are limited English
proficient, including taking steps to provide interpreters who can interpret effectively,
accurately, and impartially, using any necessary specialized vocabulary.
PREA Audit Report Page 25 of 83 Facility Name – double click to change
Provision (c):
The agency shall not rely on resident interpreters, resident readers, or other types of resident
assistants except in limited circumstances where an extended delay in obtaining an effective
interpreter could compromise the resident’s safety, the performance of first-response duties
under § 115.364, or the investigation of the resident’s allegations.
According to Policy and FOP, the facility prohibits the use of resident interpreters, resident
readers or any kind of resident assistants except when a delay in obtaining interpreter services
could jeopardize a resident’s safety, performance of the first responder duties, or the
investigation of the allegation. Staff interviews confirmed residents have not been used to
relate PREA information to or from other residents in the past 12 months. There were no
residents in need of an interpreter during the site visit.
FDJJ’s South Region has a blanket purchase order with Language Line Solutions, Inc. to
provide interpreter services for facilities in the South Region. A letter from Miami Dade County
School District confirms their ability to provide services for hearing-impaired, visually impaired
and other residents on a as needed bases to provide them with an equal opportunity to
participate in or benefit from all aspects of the agency’s effort to prevent, detect and respond
to sexual abuse and sexual harassment. Mental Health professionals are also trained to
provide appropriate explanations regarding PREA to residents, when needed.
Conclusion:
Based upon the review and analysis of the evidence, the Auditor has determined the facility
is compliant with this standard regarding residents with disabilities and residents who are
limited English Proficient. Residents with disabilities and who are 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.
Standard 115.317: Hiring and promotion decisions
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.317 (a)
▪ Does the agency prohibit the hiring or promotion of anyone who may have contact with
residents who: Has engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997)? ☒ Yes ☐ No
▪ Does the agency prohibit the hiring or promotion of anyone who may have contact with
residents who: Has been convicted of engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or coercion, or if the victim did
not consent or was unable to consent or refuse? ☒ Yes ☐ No
▪ Does the agency prohibit the hiring or promotion of anyone who may have contact with
residents who: Has been civilly or administratively adjudicated to have engaged in the activity
described in the question immediately above? ☒ Yes ☐ No
PREA Audit Report Page 26 of 83 Facility Name – double click to change
▪ Does the agency prohibit the enlistment of services of any contractor who may have contact
with residents who: Has engaged in sexual abuse in a prison, jail, lockup, community
confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997)?
☒ Yes ☐ No
▪ Does the agency prohibit the enlistment of services of any contractor who may have contact
with residents who: Has been convicted of engaging or attempting to engage in sexual activity in
the community facilitated by force, overt or implied threats of force, or coercion, or if the victim
did not consent or was unable to consent or refuse? ☒ Yes ☐ No
▪ Does the agency prohibit the enlistment of services of any contractor who may have contact
with residents who: Has been civilly or administratively adjudicated to have engaged in the
activity described in the question immediately above? ☒ Yes ☐ No
115.317 (b)
▪ Does the agency consider any incidents of sexual harassment in determining whether to hire or
promote anyone, or to enlist the services of any contractor, who may have contact with
residents? ☒ Yes ☐ No
115.317 (c)
▪ Before hiring new employees, who may have contact with residents, does the agency: Perform
a criminal background records check? ☒ Yes ☐ No
▪ Before hiring new employees, who may have contact with residents, does the agency: Consult
any child abuse registry maintained by the State or locality in which the employee would work?
☐ Yes ☒ No
▪ Before hiring new employees, who may have contact with residents, does the agency:
Consistent with Federal, State, and local law, make its best efforts to contact all prior
institutional employers for information on substantiated allegations of sexual abuse or any
resignation during a pending investigation of an allegation of sexual abuse? ☒ Yes ☐ No
115.317 (d)
▪ Does the agency perform a criminal background records check before enlisting the services of
any contractor who may have contact with residents? ☒ Yes ☐ No
▪ Does the agency consult applicable child abuse registries before enlisting the services of any
contractor who may have contact with residents? ☒ Yes ☐ No
115.317 (e)
▪ Does the agency either conduct criminal background records checks at least every five years of
current employees and contractors who may have contact with residents or have in place a
system for otherwise capturing such information for current employees? ☒ Yes ☐ No
PREA Audit Report Page 27 of 83 Facility Name – double click to change
115.317 (f)
▪ Does the agency ask all applicants and employees who may have contact with residents directly
about previous misconduct described in paragraph (a) of this section in written applications or
interviews for hiring or promotions? ☒ Yes ☐ No
▪ Does the agency ask all applicants and employees who may have contact with residents directly
about previous misconduct described in paragraph (a) of this section in any interviews or written
self-evaluations conducted as part of reviews of current employees? ☒ Yes ☐ No
▪ Does the agency impose upon employees a continuing affirmative duty to disclose any such
misconduct? ☒ Yes ☐ No
115.317 (g)
▪ Does the agency consider material omissions regarding such misconduct, or the provision of
materially false information, grounds for termination? ☒ Yes ☐ No
115.317 (h)
▪ Unless prohibited by law, does the agency provide information on substantiated allegations of
sexual abuse or sexual harassment involving a former employee upon receiving a request from
an institutional employer for whom such employee has applied to work? (N/A if providing
information on substantiated allegations of sexual abuse or sexual harassment involving a
former employee is prohibited by law.) ☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
PREA Audit Report Page 28 of 83 Facility Name – double click to change
Documentation Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Personnel Files
Interviews:
Administrative (Human Resources) Staff
Provision (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 1800 Background Screening, FDJJ Policy 1919 PREA and MDRJDC FOP Hiring
and Promotions address hiring and promotion processes and decisions, including the
requirement for background checks for new hires. The collective policies and interview with
the Human Resource staff member revealed information regarding the hiring process,
completion of background checks, and the grounds for termination. The policies are aligned
with the requirements of the standard and provide that background checks are conducted
every five years. A review of a sample of personnel files confirmed compliance.
The Policy is 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 on site. Additional personnel
information reviewed during the pre-audit and the onsite audit phases included: Offender
Watch Registry checks; Pre-Hire Interview Questions; New Hire Application Packet;
Applications; results of Diana Screens. The interview with the Superintendent and a review of
Policy and FOP provide details about the hiring process, completion of background checks,
and the grounds for termination in accordance with the PREA standard. 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. The forms
completed and included in the personnel files are in response to the above provisions of this
standard.
According to FOP, all applicants are asked about any prior misconduct involving any sexual
PREA Audit Report Page 29 of 83 Facility Name – double click to change
activity. In addition, MDRJDC shall not hire or promote anyone who has been civilly or
administratively adjudicated to have been convicted of engaging in or attempted to engage in
sexual activity by any means. Also, MDRJDC does not hire anyone who has engaged in
sexual abuse in a prison, jail, community confinement facility, or anyone, who has used or
attempted to use force in the community to engage in sexual abuse.
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 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.
The Policy and FOP states any incidents of sexual harassment by a staff member will be
taken into consideration if the staff member is eligible for promotion. The interview with the
HR Staff was aligned with the standard. 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. Based on the review of the personnel files,
records provided during the pre-audit phase, and the interview with the Superintendent, the
facility follows this provision of the standard.
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.
The policy requires background checks to occur prior to residents receiving services from
contractors and volunteers and confirmed by the Superintendent’s interview. Additionally,
best efforts should be made 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. Based on the review of documentation and interview with the
Superintendent, the facility follows this provision of the standard.
The Superintendent provided documentation that Florida State law does not allow FDJJ or
other agencies to contact the abuse registry for the purpose of screening applicants.
PREA Audit Report Page 30 of 83 Facility Name – double click to change
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.
The Policy and FOP is 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 and during the pre-audit
phase. This was also confirmed during the Superintendent’s interview. 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 personnel files for a sample of staff hired in the past 12 months revealed that all
had criminal records checks and a sample review of personnel files of current staff employed
for more than 5 years revealed that all have had criminal background checks conducted every
five years.
Provision (g):
Material omissions regarding such misconduct, or the provision of materially false information,
shall be grounds for termination.
FOP states 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 with the Superintendent, 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 confirmed the facility would provide this information if
requested to do so. Policy and FOP states the information would be provided when requested
unless it is prohibited by law to provide the information.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is compliant with the provisions of the standard regarding hiring and promotion
decisions.
Standard 115.318: Upgrades to facilities and technologies
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.318 (a)
PREA Audit Report Page 31 of 83 Facility Name – double click to change
▪ If the agency designed or acquired any new facility or planned any substantial expansion or
modification of existing facilities, did the agency consider the effect of the design, acquisition,
expansion, or modification upon the agency’s ability to protect residents from sexual abuse?
(N/A if agency/facility has not acquired a new facility or made a substantial expansion to existing
facilities since August 20, 2012, or since the last PREA audit, whichever is later.)
☐ Yes ☐ No ☒ NA
115.318 (b)
▪ If the agency installed or updated a video monitoring system, electronic surveillance system, or
other monitoring technology, did the agency consider how such technology may enhance the
agency’s ability to protect residents from sexual abuse? (N/A if agency/facility has not installed
or updated a video monitoring system, electronic surveillance system, or other monitoring
technology since August 20, 2012, or since the last PREA audit, whichever is later.)
☐ Yes ☐ No ☒ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
MDRJDC FOP PREA requires when installing or updating a video monitoring system,
electronic surveillance system or other monitoring technology, the facility will consider how
such technology may enhance the ability to protect residents from sexual abuse.
Documentation of the annual staffing plan assessment referenced 197 operating cameras in
the facility. No blind spots were identified at that time.
During the facility tour, the video surveillance system was observed, and all cameras were
pointed out by staff.
The interview with the Superintendent and according to the Pre-Audit Questionnaire, the
cameras and DVR systems were updated since the last PREA audit in 2015. The updates
included 13 DVRs, 4-terabyte surveillance hard drives, and numerous cameras. The
PREA Audit Report Page 32 of 83 Facility Name – double click to change
surveillance hard drives allow for adequate memory and the ability to save video at more
frames per second. Policy and FOP states that when there is substantial expansion to the
facility, the ability to protect residents and staff from sexual abuse will be reviewed and
ensured.
RESPONSIVE PLANNING
Standard 115.321: Evidence protocol and forensic medical examinations
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.321 (a)
▪ If the agency is responsible for investigating allegations of sexual abuse, does the agency follow
a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence
for administrative proceedings and criminal prosecutions? (N/A if the agency/facility is not
responsible for conducting any form of criminal OR administrative sexual abuse investigations.)
☐ Yes ☐ No ☒ NA
115.321 (b)
▪ Is this protocol developmentally appropriate for youth where applicable? (N/A if the
agency/facility is not responsible for conducting any form of criminal OR administrative sexual
abuse investigations.) ☐ Yes ☐ No ☒ NA
▪ Is this protocol, as appropriate, adapted from or otherwise based on the most recent edition of
the U.S. Department of Justice’s Office on Violence Against Women publication, “A National
Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” or similarly
comprehensive and authoritative protocols developed after 2011? (N/A if the agency/facility is
not responsible for conducting any form of criminal OR administrative sexual abuse
investigations.) ☐ Yes ☐ No ☒ NA
115.321 (c)
▪ Does the agency offer all residents who experience sexual abuse access to forensic medical
examinations, whether on-site or at an outside facility, without financial cost, where evidentiarily
or medically appropriate? ☒ Yes ☐ No
▪ Are such examinations performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual
Assault Nurse Examiners (SANEs) where possible? ☒ Yes ☐ No
▪ If SAFEs or SANEs cannot be made available, is the examination performed by other qualified
medical practitioners (they must have been specifically trained to conduct sexual assault
forensic exams)? ☒ Yes ☐ No
PREA Audit Report Page 33 of 83 Facility Name – double click to change
▪ Has the agency documented its efforts to provide SAFEs or SANEs? ☒ Yes ☐ No
115.321 (d)
▪ Does the agency attempt to make available to the victim a victim advocate from a rape crisis
center? ☒ Yes ☐ No
▪ If a rape crisis center is not available to provide victim advocate services, does the agency
make available to provide these services a qualified staff member from a community-based
organization, or a qualified agency staff member? ☒ Yes ☐ No
▪ Has the agency documented its efforts to secure services from rape crisis centers?
☒ Yes ☐ No
115.321 (e)
▪ As requested by the victim, does the victim advocate, qualified agency staff member, or
qualified community-based organization staff member accompany and support the victim
through the forensic medical examination process and investigatory interviews? ☒ Yes ☐ No
▪ As requested by the victim, does this person provide emotional support, crisis intervention,
information, and referrals? ☒ Yes ☐ No
115.321 (f)
▪ If the agency itself is not responsible for investigating allegations of sexual abuse, has the
agency requested that the investigating entity follow the requirements of paragraphs (a) through
(e) of this section? (N/A if the agency/facility is responsible for conducting criminal AND
administrative sexual abuse investigations.) ☒ Yes ☐ No ☐ NA
115.321 (g)
▪ Auditor is not required to audit this provision.
115.321 (h)
▪ If the agency uses a qualified agency staff member or a qualified community-based staff
member for the purposes of this section, has the individual been screened for appropriateness
to serve in this role and received education concerning sexual assault and forensic examination
issues in general? (Check N/A if agency attempts to make a victim advocate from a rape crisis
center available to victims per 115.321(d) above.) ☐ Yes ☐ No ☒ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
PREA Audit Report Page 34 of 83 Facility Name – double click to change
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Inspector General Directive
FDJJ Evidence Protocol
Memorandum of Understanding (MOU), Roxy Bolton Center
Staff Training Certificate
Resident Brochure
Interviews:
Direct Care Staff
Superintendent/PREA Manager
Provisions (a) & (b):
(a) To the extent the agency is responsible for investigating allegations of sexual abuse, the
agency shall follow a uniform evidence protocol that maximizes the potential for obtaining
usable physical evidence for administrative proceedings and criminal prosecutions.
(b) The protocol shall be developmentally appropriate for youth and, as appropriate, shall be
adapted from or otherwise based on the most recent edition of the U.S. Department of
Justice’s Office on Violence Against Women publication, “A National Protocol for Sexual
Assault Medical Forensic Examinations, Adults/Adolescents,” or similarly comprehensive and
authoritative protocols developed after 2011.
Policy and FOP provides for the uniform FDJJ Protocols to be followed. The Protocol is
outlined regarding appropriateness for youth and adults. The FDJJ Protocol, developed by
related professionals, addresses but is not limited to interviewing; evidence collection; victim
services; notifications; and prosecution of sexual assault cases. The agency-based
investigators conduct administrative investigations and the Miami Dade Police Department
investigate sexual abuse allegations that are criminal in nature. The Police Department agrees
to follow the FDJJ Protocol. Staff interviews confirmed an understanding of the facility’s
protocol 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
PREA Audit Report Page 35 of 83 Facility Name – double click to change
examinations whether on-site or at an outside facility, without financial cost, where
evidentiarily or medically appropriate. Such examinations shall be performed by Sexual
Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs) where
possible. If SAFEs or SANEs cannot be made available, the examination can be performed
by other qualified medical practitioners. The agency shall document its efforts to provide
SAFEs or SANEs.
The Policy states forensic medical examinations will be conducted at the Roxy Bolton Center
who employs Sexual Assault Nurse Examiners (SANE) and Sexual Assault Forensic
Examiners. Forensic examinations will be conducted at the Roxy Bolton Center. The Sexual
Assault Policy of the Center states that the medical forensic examination will be conducted by
a SANE or SAFE. The facility Policy states that the services will be provided at no cost to the
victim. The Nurse’s interview was aligned with the facility Policy.
Provisions (d) & (e):
(d) The agency shall attempt to make available to the victim a victim advocate from a rape
crisis center. If a rape crisis center is not available to provide victim advocate services, the
agency shall make available to provide these services a qualified staff member from a
community-based organization or a qualified agency staff member. Agencies shall document
efforts to secure services from rape crisis centers. For the purpose of this standard, a rape
crisis center refers to an entity that provides intervention and related assistance, such as the
services specified in 42 U.S.C. 14043g(b)(2)(C), to victims of sexual assault of all ages. The
agency may utilize a rape crisis center that is part of a governmental unit as long as the center
is not part of the criminal justice system (such as a law enforcement agency) and offers a
comparable level of confidentiality as a nongovernmental entity that provides similar victim
services. (e) As requested by the victim, the victim advocate, qualified agency staff member,
or qualified community-based organization staff member shall accompany and support the
victim through the forensic medical examination process and investigatory interviews and
shall provide emotional support, crisis intervention, information, and referrals.
The facility has a MOU with the Roxy Bolton Center for victim advocacy services. According
to the MOU, the supportive services to victims include access to 24-hour reporting and contact
for advocacy service; emotional support; accompaniment through forensic examination and
investigative interview upon request; and provision of information and resources. The
Superintendent confirmed that advocacy services will be provided in accordance with the
MOU. The interview with the Superintendent confirmed the resident and/or facility staff
members are able to utilize the hotline to request a victim advocate.
Provisions (f), (g) & (h):
(f) To the extent the agency itself is not responsible for investigating allegations of sexual
abuse, the agency shall request that the investigating agency follow the requirements of
paragraphs (a) through (f) of this section.
(g) The requirements of paragraphs (a) through (f) of this section shall also apply to:
(1) Any State entity outside of the agency that is responsible for investigating allegations of
sexual abuse in juvenile facilities; and
(2) Any Department of Justice component that is responsible for investigating allegations of
PREA Audit Report Page 36 of 83 Facility Name – double click to change
sexual abuse in juvenile facilities.
(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.
MDRJDC FOP PREA requires staff to report allegations of sexual abuse to the Miami Dade
Police Department for criminal investigations and to the Florida Central Abuse Hotline and
FDJJ’s Central Communication Center (CCC). MDRJDC does not have a Memorandum of
Understanding (MOU) however the policy states when the Miami Dade Police Department
arrives at the facility to conduct an investigation, facility staff will provide and request the
investigative agency to follow the DJJ Inspector General Directive 3-05 (uniform evidence
protocol that maximizes the potential for obtaining usable physical evidence for criminal
prosecution and appropriate for youth).
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is in compliance with the provisions of this standard.
Standard 115.322: Policies to ensure referrals of allegations for
investigations
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.322 (a)
▪ Does the agency ensure an administrative or criminal investigation is completed for all
allegations of sexual abuse? ☒ Yes ☐ No
▪ Does the agency ensure an administrative or criminal investigation is completed for all
allegations of sexual harassment? ☒ Yes ☐ No
115.322 (b)
▪ Does the agency have a policy and practice in place to ensure that allegations of sexual abuse
or sexual harassment are referred for investigation to an agency with the legal authority to
conduct criminal investigations, unless the allegation does not involve potentially criminal
behavior? ☒ Yes ☐ No
▪ Has the agency published such policy on its website or, if it does not have one, made the policy
available through other means? ☒ Yes ☐ No
▪ Does the agency document all such referrals? ☒ Yes ☐ No
PREA Audit Report Page 37 of 83 Facility Name – double click to change
115.322 (c)
▪ If a separate entity is responsible for conducting criminal 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).]
☒ Yes ☐ No ☐ NA
115.322 (d)
▪ Auditor is not required to audit this provision.
115.322 (e)
▪ Auditor is not required to audit this provision.
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
PREA Pre-Audit Questionnaire
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.
PREA Audit Report Page 38 of 83 Facility Name – double click to change
The Policy directs staff to report all allegations of sexual abuse and sexual harassment and
to document the reports. Staff members are aware of the Policy requirements as verified
through their interviews. The facility reports one allegation of sexual abuse and sexual
harassment. The facility Policy ensures the cooperation between the facility staff and the
Miami Dade Police Department.
Provision (b) and (c):
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 facility’s website provides the information and related policies for reporting allegations of
sexual abuse. A third-party reporting form is also on the website. Reporting information is also
posted in various areas of the facility including but not limited to living units. The posted
information is accessible to residents, staff, contractors and visitors. The Policy and interviews
confirmed allegations of sexual abuse and sexual harassment are investigated. Administrative
investigations are conducted by the trained facility investigators and sexual abuse allegations
that are criminal in nature are investigated by the Miami Dade Police Department.
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.
MDRJDC PREA FOP requires the immediate referral of all sexual abuse allegations to the
Miami Dade Police Department, the Florida Abuse Hotline and FDJJ’s CCC. Interviews with
the Superintendent and random direct care staff verified their knowledge of the policy’s
requirements. The facility and the Miami Dade Police Department have policies governing
investigations.
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.
A review of FDJJ’s website revealed a PREA page includes investigative entities
responsibilities for conducting investigations of allegations of sexual abuse.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is compliant with this standard regarding policies to ensure referrals of allegations
for investigations.
PREA Audit Report Page 39 of 83 Facility Name – double click to change
TRAINING AND EDUCATION
Standard 115.331: Employee training
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.331 (a)
▪ Does the agency train all employees who may have contact with residents on: Its zero-tolerance
policy for sexual abuse and sexual harassment? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on: How to fulfill their
responsibilities under agency sexual abuse and sexual harassment prevention, detection,
reporting, and response policies and procedures? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on: Residents’ right
to be free from sexual abuse and sexual harassment ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on: The right of
residents and employees to be free from retaliation for reporting sexual abuse and sexual
harassment? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on: The dynamics of
sexual abuse and sexual harassment in juvenile facilities? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on: The common
reactions of juvenile victims of sexual abuse and sexual harassment? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on: How to detect
and respond to signs of threatened and actual sexual abuse and how to distinguish between
consensual sexual contact and sexual abuse between residents? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on: How to avoid
inappropriate relationships with residents? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on: How to
communicate effectively and professionally with residents, including lesbian, gay, bisexual,
transgender, intersex, or gender nonconforming residents? ☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on: How to comply
with relevant laws related to mandatory reporting of sexual abuse to outside authorities?
☒ Yes ☐ No
▪ Does the agency train all employees who may have contact with residents on: Relevant laws
regarding the applicable age of consent? ☒ Yes ☐ No
PREA Audit Report Page 40 of 83 Facility Name – double click to change
115.331 (b)
▪ Is such training tailored to the unique needs and attributes of residents of juvenile facilities?
☒ Yes ☐ No
▪ Is such training tailored to the gender of the residents at the employee’s facility? ☒ Yes ☐ No
▪ Have employees received additional training if reassigned from a facility that houses only male
residents to a facility that houses only female residents, or vice versa? ☒ Yes ☐ No
115.331 (c)
▪ Have all current employees who may have contact with residents received such training?
☒ Yes ☐ No
▪ Does the agency provide each employee with refresher training every two years to ensure that
all employees know the agency’s current sexual abuse and sexual harassment policies and
procedures? ☒ Yes ☐ No
▪ In years in which an employee does not receive refresher training, does the agency provide
refresher information on current sexual abuse and sexual harassment policies? ☒ Yes ☐ No
115.331 (d)
▪ Does the agency document, through employee signature or electronic verification, that
employees understand the training they have received? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
PREA Audit Report Page 41 of 83 Facility Name – double click to change
Staff SkillPro PREA Curriculum
Training Attendance Record (Sign-in Sheets)
PREA Training Acknowledgement Statements
Interviews:
Random Staff
Superintendent/PREA Manager
Provisions (a) and (c):
(a)The agency shall train all employees who may have contact with residents on:
(1) Its zero-tolerance policy for sexual abuse and sexual harassment;
(2) How to fulfill their responsibilities under agency sexual abuse and sexual harassment
prevention, detection, reporting, and response policies and procedures;
(3) Residents’ right to be free from sexual abuse and sexual harassment;
(4) The right of residents and employees to be free from retaliation for reporting sexual abuse
and sexual harassment;
(5) The dynamics of sexual abuse and sexual harassment in juvenile facilities;
(6) The common reactions of juvenile victims of sexual abuse and sexual harassment;
(7) How to detect and respond to signs of threatened and actual sexual abuse and how to
distinguish between consensual sexual contact and sexual abuse between residents;
(8) How to avoid inappropriate relationships with residents;
(9) How to communicate effectively and professionally with residents, including lesbian, gay,
bisexual, transgender, intersex, or gender nonconforming residents; and
(10) How to comply with relevant laws related to mandatory reporting of sexual abuse to
outside authorities;
(11) Relevant laws regarding the applicable age of consent.
(c) All current employees who have not received such training shall be trained within one year
of the effective date of the PREA standards, and the agency shall provide each employee with
refresher training every two years to ensure that all employees know the agency’s current
sexual abuse and sexual harassment policies and procedures. In years in which an employee
does not receive refresher training, the agency shall provide refresher information on current
sexual abuse and sexual harassment policies.
The agency Policy and FOP addresses 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. PREA training
is provided to staff, as indicated by a review of Policy and training documents. The documents
and staff interviews support refresher training is also conducted and is documented.
The direct care staff interviewed and the PREA 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.
PREA Audit Report Page 42 of 83 Facility Name – double click to change
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. 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 male and female and the training considers the needs of the population
as determined by a review of training curricula and interviews with random staff. The Policy
state the training shall be tailored to the needs and attributes to the population served.
Provision (d):
The agency shall document, through employee signature or electronic verification that
employees understand the training they have received.
The Policy and FOP provides all training be documented. Staff members sign training rosters
and training acknowledgement statements. A checklist is utilized for orientation training for all
new employees and contains the elements of PREA training. The facility provided the Auditor
with several examples for verification of the training occurring and the training was verified
through staff interviews. The facility follows this provision of the standard.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is in compliance with the provisions of this standard.
Standard 115.332: Volunteer and contractor training
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
PREA Audit Report Page 43 of 83 Facility Name – double click to change
115.332 (a)
▪ Has the agency ensured that all volunteers and contractors who have contact with residents
have been trained on their responsibilities under the agency’s sexual abuse and sexual
harassment prevention, detection, and response policies and procedures? ☒ Yes ☐ No
115.332 (b)
▪ Have all volunteers and contractors who have contact with residents been notified of the
agency’s zero-tolerance policy regarding sexual abuse and sexual harassment and informed
how to report such incidents (the level and type of training provided to volunteers and
contractors shall be based on the services they provide and level of contact they have with
residents)? ☒ Yes ☐ No
115.332 (c)
▪ Does the agency maintain documentation confirming that volunteers and contractors
understand the training they have received? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Volunteer and Contractor Training Curriculum
PREA Notification/Acknowledgement Statement
Interviews:
Volunteer
Superintendent
PREA Audit Report Page 44 of 83 Facility Name – double click to change
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.
The Policy and FOP require volunteers and contractors who have contact with residents, 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.
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 revealed the PREA training informs the participants of their role in reporting
allegations of sexual abuse and sexual harassment. The participants are informed of their
responsibilities regarding sexual abuse prevention, detection, and response to a PREA
allegation. The training is based on the services provided by the contractors and volunteers.
The volunteer stated the training includes a review of the zero-tolerance policy regarding
sexual abuse and sexual harassment of residents.
Provision (c):
The agency shall maintain documentation confirming that volunteers and contractors
understand the training they have received.
The PREA Notification document contains the information reviewed with the contractor and
volunteer. The document also serves as the training acknowledgement statement containing
the signature of the participant and the date, confirming their understanding of the PREA
information.
The review of training records revealed 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 has determined
the facility is compliant with the provisions of this standard regarding volunteer and contractor
training.
Standard 115.333: Resident education
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
PREA Audit Report Page 45 of 83 Facility Name – double click to change
115.333 (a)
▪ During intake, do residents receive information explaining the agency’s zero-tolerance policy
regarding sexual abuse and sexual harassment? ☒ Yes ☐ No
▪ During intake, do residents receive information explaining how to report incidents or suspicions
of sexual abuse or sexual harassment? ☒ Yes ☐ No
▪ Is this information presented in an age-appropriate fashion? ☒ Yes ☐ No
115.333 (b)
▪ Within 10 days of intake, does the agency provide age-appropriate comprehensive education to
residents either in person or through video regarding: Their rights to be free from sexual abuse
and sexual harassment? ☒ Yes ☐ No
▪ Within 10 days of intake, does the agency provide age-appropriate comprehensive education to
residents either in person or through video regarding: Their rights to be free from retaliation for
reporting such incidents? ☒ Yes ☐ No
▪ Within 10 days of intake, does the agency provide age-appropriate comprehensive education to
residents either in person or through video regarding: Agency policies and procedures for
responding to such incidents? ☒ Yes ☐ No
115.333 (c)
▪ Have all residents received such education? ☒ Yes ☐ No
▪ Do residents receive education upon transfer to a different facility to the extent that the policies
and procedures of the resident’s new facility differ from those of the previous facility?
☒ Yes ☐ No
115.333 (d)
▪ Does the agency provide resident education in formats accessible to all residents including
those who: Are limited English proficient? ☒ Yes ☐ No
▪ Does the agency provide resident education in formats accessible to all residents including
those who: Are deaf? ☒ Yes ☐ No
▪ Does the agency provide resident education in formats accessible to all residents including
those who: Are visually impaired? ☒ Yes ☐ No
▪ Does the agency provide resident education in formats accessible to all residents including
those who: Are otherwise disabled? ☒ Yes ☐ No
▪ Does the agency provide resident education in formats accessible to all residents including
those who: Have limited reading skills? ☒ Yes ☐ No
PREA Audit Report Page 46 of 83 Facility Name – double click to change
115.333 (e)
▪ Does the agency maintain documentation of resident participation in these education sessions?
☒ Yes ☐ No
115.333 (f)
▪ In addition to providing such education, does the agency ensure that key information is
continuously and readily available or visible to residents through posters, resident handbooks,
or other written formats? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
PREA Safety Brochure
Acknowledgement Statements
PREA Posters
Interviews:
Residents (3 targeted interviews)
Intake Staff
Provisions (a) and (b):
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
PREA Audit Report Page 47 of 83 Facility Name – double click to change
such incidents, and regarding agency policies and procedures for responding to such
incidents.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA provides 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. The results of the staff
and resident interviews indicated the information provided to the residents is comprehensive
and age-appropriate.
The intake staff’s interview revealed he ensures 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 Safety
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. 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.
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. Documentation was reviewed of a MOU between the
facility and Miami Dade County Board of Education for the provision of accommodations and
supportive services for residents in the aforementioned areas. Posted PREA information is
in English and Spanish accessible to residents, staff, contractors, volunteers, and visitors.
The facility also has a MOU with Language Line Solutions for interpreting and translating
services. Staff interviews confirmed residents are not used as translators or readers for other
residents.
Provision (e):
The agency shall maintain documentation of resident participation in these education
PREA Audit Report Page 48 of 83 Facility Name – double click to change
sessions.
A sample of signed acknowledgement statements were reviewed which supported the
residents’ involvement in PREA education sessions. The residents were 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. She ensures residents’
receipt of the information, including the resident signing the acknowledgement form.
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/grievance form. Each resident is
provided a Safety 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
Language Line Solutions, Inc. for residents who may be limited English proficient or through
Miami Dade County Schools for hearing and visual impairment services and for residents with
other disabilities.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is compliant with the provision of this standard.
Standard 115.334: Specialized training: Investigations
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.334 (a)
▪ In addition to the general training provided to all employees pursuant to §115.331, does the
agency ensure that, to the extent the agency itself conducts sexual abuse investigations, its
investigators have received training in conducting such investigations in confinement settings?
[N/A if the agency does not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).] ☒ Yes ☐ No ☐ NA
115.334 (b)
PREA Audit Report Page 49 of 83 Facility Name – double click to change
▪ Does this specialized training include: Techniques for interviewing juvenile sexual abuse
victims? [N/A if the agency does not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).] ☒ Yes ☐ No ☐ NA
▪ Does this specialized training include: Proper use of Miranda and Garrity warnings? [N/A if the
agency does not conduct any form of administrative or criminal sexual abuse investigations.
See 115.321(a).] ☒ Yes ☐ No ☐ NA
▪ Does this specialized training include: Sexual abuse evidence collection in confinement
settings? [N/A if the agency does not conduct any form of administrative or criminal sexual
abuse investigations. See 115.321(a).] ☒ Yes ☐ No ☐ NA
▪ Does this specialized training include: The criteria and evidence required to substantiate a case
for administrative action or prosecution referral? [N/A if the agency does not conduct any form of
administrative or criminal sexual abuse investigations. See 115.321(a).] ☒ Yes ☐ No ☐ NA
115.334 (c)
▪ Does the agency maintain documentation that agency investigators have completed the
required specialized training in conducting sexual abuse investigations? [N/A if the agency does
not conduct any form of administrative or criminal sexual abuse investigations. See 115.321(a).]
☒ Yes ☐ No ☐ NA
115.334 (d)
▪ Auditor is not required to audit this provision.
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documentation Reviewed:
PREA Audit Report Page 50 of 83 Facility Name – double click to change
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Inspector General Directive
Training Curriculum
PREA Compliance Form
Interviews:
Superintendent
Provision (a) & (b):
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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA provides for investigations of allegations
of sexual abuse that are criminal in nature to be conducted by the Miami Dade Police
Department. The Policy and FOP provides for the investigators to be trained.
Provision (c):
The agency shall maintain documentation that agency investigators have completed the
required specialized training in conducting sexual abuse investigations.
FDJJ Policy 1919 PREA states local law enforcement agencies and the Florida Department
of Children and Families Services conduct criminal investigations into allegations of sexual
abuse. FDJJ’s Office of Inspector General (OIG) conducts administrative and management
reviews, separate and apart from any criminal investigation. The policy further states the OIG
staff will be trained on the policies and procedures for the Department policies and procedures
related to handling of sexual misconduct incidents and reports.
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.
Facility staff does not conduct administrative nor criminal investigations into allegations of
sexual abuse and sexual harassment.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor has determined the
facility is compliant with this standard regarding specialized training for investigations.
Standard 115.335: Specialized training: Medical and mental health care
PREA Audit Report Page 51 of 83 Facility Name – double click to change
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.335 (a)
▪ Does the agency ensure that all full- and part-time medical and mental health care practitioners
who work regularly in its facilities have been trained in: How to detect and assess signs of
sexual abuse and sexual harassment? ☒ Yes ☐ No
▪ Does the agency ensure that all full- and part-time medical and mental health care practitioners
who work regularly in its facilities have been trained in: How to preserve physical evidence of
sexual abuse? ☒ Yes ☐ No
▪ Does the agency ensure that all full- and part-time medical and mental health care practitioners
who work regularly in its facilities have been trained in: How to respond effectively and
professionally to juvenile victims of sexual abuse and sexual harassment? ☒ Yes ☐ No
▪ Does the agency ensure that all full- and part-time medical and mental health care practitioners
who work regularly in its facilities have been trained in: How and to whom to report allegations
or suspicions of sexual abuse and sexual harassment? ☒ Yes ☐ No
115.335 (b)
▪ If medical staff employed by the agency conduct forensic examinations, do such medical staff
receive appropriate training to conduct such examinations? (N/A if agency medical staff at the
facility do not conduct forensic exams.) ☐ Yes ☐ No ☒ NA
115.335 (c)
▪ Does the agency maintain documentation that medical and mental health practitioners have
received the training referenced in this standard either from the agency or elsewhere?
☒ Yes ☐ No
115.335 (d)
▪ Do medical and mental health care practitioners employed by the agency also receive training
mandated for employees by §115.331? ☒ Yes ☐ No
▪ Do medical and mental health care practitioners contracted by and volunteering for the agency
also receive training mandated for contractors and volunteers by §115.332? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
PREA Audit Report Page 52 of 83 Facility Name – double click to change
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documentation Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Contractor Training example
PREA-Mental Health and Medical Professional Training example
Power Point Training Modules
Interviews:
Nurse
Counselor
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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA 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, FDJJ’s online E-
Learning 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 with the Nurse and Counselor and a review of training certificates, curricula, and
training logs confirmed 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 are conducted at the Roxy Bolton Center by
SANE or SAFE certified examiners.
Provision (c):
PREA Audit Report Page 53 of 83 Facility Name – double click to change
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 has determined
the facility is compliant with this standard regarding specialized training for medical and mental
health care.
SCREENING FOR RISK OF SEXUAL VICTIMIZATION
AND ABUSIVENESS
Standard 115.341: Screening for risk of victimization and abusiveness
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.341 (a)
▪ Within 72 hours of the resident’s arrival at the facility, does the agency obtain and use
information about each resident’s personal history and behavior to reduce risk of sexual abuse
by or upon a resident? ☒ Yes ☐ No
▪ Does the agency also obtain this information periodically throughout a resident’s confinement?
☒ Yes ☐ No
115.341 (b)
▪ Are all PREA screening assessments conducted using an objective screening instrument?
☒ Yes ☐ No
115.341 (c)
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: Prior sexual victimization or abusiveness? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does 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
PREA Audit Report Page 54 of 83 Facility Name – double click to change
vulnerable to sexual abuse? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: Current charges and offense history? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: Age? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: Level of emotional and cognitive development? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: Physical size and stature? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: Mental illness or mental disabilities? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: Intellectual or developmental disabilities? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: Physical disabilities? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does the agency attempt to
ascertain information about: The resident’s own perception of vulnerability? ☒ Yes ☐ No
▪ During these PREA screening assessments, at a minimum, does 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? ☒ Yes ☐ No
115.341 (d)
▪ Is this information ascertained: Through conversations with the resident during the intake
process and medical mental health screenings? ☒ Yes ☐ No
▪ Is this information ascertained: During classification assessments? ☒ Yes ☐ No
▪ Is this information ascertained: By reviewing court records, case files, facility behavioral records,
and other relevant documentation from the resident’s files? ☒ Yes ☐ No
115.341 (e)
▪ Has the agency implemented appropriate controls on the dissemination within the facility of
responses to questions asked pursuant to this standard in order to ensure that sensitive
information is not exploited to the resident’s detriment by staff or other residents? ☒ Yes ☐ No
Auditor Overall Compliance Determination
PREA Audit Report Page 55 of 83 Facility Name – double click to change
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Sample of Vulnerability Assessment: Risk of Victimization and/or Sexual Aggression
Interviews:
Superintendent/PREA Manager
Staff Responsible for Risk Screening
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. The Policy
provides a risk screening occurs within 72 hours upon arrival to the facility. The Intake
Coordinator will interview the resident at intake to obtain information about the resident’s
personal history and behavior in order to reduce the risk of sexual abuse by or upon a resident.
The resident’s risk level is reassessed periodically.
MDRJDC FOP PREA requires staff to complete the FDJJ’s Vulnerability to Victimization and
Sexually Aggressive Behavior (VSAB) form if youth arrive from the Juvenile Assessment
Center (JAC) without a completed form or is returning from a residential program. JAC staff
and Intake staff obtain information from court records, current charges, and interviews with
the resident and his/her parents. The Intake staff interview confirmed compliance with this
standard.
Resident interviews indicated they were asked whether they identify with being gay, bi- sexual,
transgender or intersex, if they think they are in danger of sexual abuse and if they have any
disabilities. Random resident interviews verified they were asked the same questions by
mental health staff during their initial interview.
PREA Audit Report Page 56 of 83 Facility Name – double click to change
Disclosure of prior victimization or perpetrated sexual abuse is addressed during the time of
disclosure. The information is related to mental health personnel following the disclosure of
the information. There was no resident in the facility who had disclosed prior victimization. A
review of documentation, interviews with residents and staff confirmed the Vulnerability
Assessment is administered. The information for the instrument may be obtained by asking
questions from the form, medical and mental health screenings and other methods. All
residents interviewed could identify specific areas inquired about in the administration of the
Vulnerability Assessment. Reassessments are conducted periodically. PREA Education and
Screening log was reviewed and it is maintained indicating the administration of the initial
assessment and the completion of the follow-up assessments.
The facility provided the Auditor with examples of the screening tool. The Intake staff,
responsible for risk screening, confirmed residents are screened whether a new admission or
transfer from another facility for risk of sexual abuse victimization or sexual abusiveness
toward the other residents. The risk screening occurs within 72 hours of intake, usually on the
first day. Risk levels are reassessed periodically per the Intake Coordinator and a review of
documents. All residents interviewed entered the facility within the past 12 months. They
confirmed they were asked questions like the following examples at intake:
(1) Have you have ever been sexually abused?
(2) Do you identify with being gay, bisexual or transgender?
(3) Do you have any disabilities?
(4) Do you think you might be in danger of sexual abuse at the facility?
Based on the review of the Pre-audit questionnaire, review of resident records, interview with
the staff responsible for risk screening, and resident interviews, the evidence shows that
resident’s risk levels are assessed during intake, but no later than 72 hours of their arrival at
the facility. Additionally, risk levels are reassessed periodically. The facility follows this
provision of the standard.
Provision (b):
Such assessments shall be conducted using an objective screening instrument.
The Vulnerability Assessment 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 Policy and FOP revealed how
the objective instrument is administered to glean information to assist staff in keeping
residents safe. The responses on the instrument garner a score and the risk level is
determined by definition and the corresponding number to that definition. The Policy and FOP
states residents will be screened within 72 hours of admission however interviews with
residents indicated it is also administered earlier.
Provision (c):
At a minimum, the agency shall attempt to ascertain information about:
(1) Prior sexual victimization or abusiveness;
PREA Audit Report Page 57 of 83 Facility Name – double click to change
(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 resident’s own perception of vulnerability; and
(11) Any other specific information about individual residents that may indicate heightened
needs for supervision, additional safety precautions, or separation from certain other
residents.
The Auditor reviewed the Vulnerability Assessment: Risk of Victimization and/or Sexual
Aggression screening instrument and determined all factors required by this provision of the
standard are included. The interview with the Intake staff confirmed she is aware 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 FDJJ Policy 1919 PREA and MDRJDC FOP PREA states the 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 file. The staff and resident interviews are aligned with the Policy and FOP and this
provision of the standard. The review of the instrument and interview with the Intake staff
responsible for risk screening confirmed the information is ascertained through conversations
with the residents using the Vulnerability Assessment: Risk of Victimization and/or Sexual
Aggression screening 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.
The Policy and FOP provides for appropriate controls be taken to ensure that sensitive
information is protected and not exploited. The interview with the PREA Manager revealed
the completed VSAB forms are maintained in residents’ medical and Intake files and are
available to staff only on a need to know bases. The Auditor observed the files to be
PREA Audit Report Page 58 of 83 Facility Name – double click to change
maintained in a secure manner. The evidence shows the facility follows this provision of the
standard.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is fully compliant with this standard regarding screening for risk of victimization and
abusiveness.
Standard 115.342: Use of screening information
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.342 (a)
▪ Does the agency use all of the information obtained pursuant to § 115.341 and subsequently,
with the goal of keeping all residents safe and free from sexual abuse, to make: Housing
Assignments? ☒ Yes ☐ No
▪ Does the agency use all of the information obtained pursuant to § 115.341 and subsequently,
with the goal of keeping all residents safe and free from sexual abuse, to make: Bed
assignments? ☒ Yes ☐ No
▪ Does the agency use all of the information obtained pursuant to § 115.341 and subsequently,
with the goal of keeping all residents safe and free from sexual abuse, to make: Work
Assignments? ☒ Yes ☐ No
▪ Does the agency use all of the information obtained pursuant to § 115.341 and subsequently,
with the goal of keeping all residents safe and free from sexual abuse, to make: Education
Assignments? ☒ Yes ☐ No
▪ Does the agency use all of the information obtained pursuant to § 115.341 and subsequently,
with the goal of keeping all residents safe and free from sexual abuse, to make: Program
Assignments? ☒ Yes ☐ No
115.342 (b)
▪ Are residents isolated from others only as a last resort when less restrictive measures are
inadequate to keep them and other residents safe, and then only until an alternative means of
keeping all residents safe can be arranged? ☒ Yes ☐ No
▪ During any period of isolation, does the agency always refrain from denying residents daily
large-muscle exercise? ☒ Yes ☐ No
▪ During any period of isolation, does the agency always refrain from denying residents any
legally required educational programming or special education services? ☒ Yes ☐ No
PREA Audit Report Page 59 of 83 Facility Name – double click to change
▪ Do residents in isolation receive daily visits from a medical or mental health care clinician?
☒ Yes ☐ No
▪ Do residents also have access to other programs and work opportunities to the extent possible?
☒ Yes ☐ No
115.342 (c)
▪ Does the agency always refrain from placing: Lesbian, gay, and bisexual residents in particular
housing, bed, or other assignments solely on the basis of such identification or status?
☒ Yes ☐ No
▪ Does the agency always refrain from placing: Transgender residents in particular housing, bed,
or other assignments solely on the basis of such identification or status? ☒ Yes ☐ No
▪ Does the agency always refrain from placing: Intersex residents in particular housing, bed, or
other assignments solely on the basis of such identification or status? ☒ Yes ☐ No
▪ Does the agency always refrain from considering lesbian, gay, bisexual, transgender, or
intersex identification or status as an indicator or likelihood of being sexually abusive?
☒ Yes ☐ No
115.342 (d)
▪ When deciding whether to assign a transgender or intersex resident to a facility for male or
female residents, does the agency consider on a case-by-case basis whether a placement
would ensure the resident’s health and safety, and whether a placement would present
management or security problems (NOTE: if an agency by policy or practice assigns residents
to a male or female facility on the basis of anatomy alone, that agency is not in compliance with
this standard)? ☒ Yes ☐ No
▪ When making housing or other program assignments for transgender or intersex residents,
does the agency consider on a case-by-case basis whether a placement would ensure the
resident’s health and safety, and whether a placement would present management or security
problems? ☒ Yes ☐ No
115.342 (e)
▪ Are placement and programming assignments for each transgender or intersex resident
reassessed at least twice each year to review any threats to safety experienced by the resident?
☒ Yes ☐ No
115.342 (f)
▪ Are each transgender or intersex resident’s own views with respect to his or her own safety
given serious consideration when making facility and housing placement decisions and
programming assignments? ☒ Yes ☐ No
115.342 (g)
PREA Audit Report Page 60 of 83 Facility Name – double click to change
▪ Are transgender and intersex residents given the opportunity to shower separately from other
residents? ☒ Yes ☐ No
115.342 (h)
▪ If a resident is isolated pursuant to paragraph (b) of this section, 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?) ☒ Yes ☐ No ☐ NA
▪ If a resident is isolated pursuant to paragraph (b) of this section, 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?) ☒ Yes ☐ No ☐ NA
115.342 (i)
▪ In the case of each resident who is isolated as a last resort when less restrictive measures are
inadequate to keep them and other residents safe, does the facility afford a review to determine
whether there is a continuing need for separation from the general population EVERY 30
DAYS? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions.
This discussion must also include corrective action recommendations where the facility does not meet the standard.
These recommendations must be included in the Final Report, accompanied by information on specific corrective
actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Sample of Vulnerability Assessment: Risk of Victimization and/or Sexual Aggression (VSAB)
FOP Admissions
FOP Classification
FOP Alerts
VSAB Curriculum
PREA Audit Report Page 61 of 83 Facility Name – double click to change
Interviews:
Resident (targeted interview)
Superintendent/PREA Manager
Staff Responsible for Risk Screening/Intake Staff
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.
MDRJDC FOP PREA 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 PREA Compliance Manager interview confirmed the facility’s compliance with this
standard. The facility also utilizes the 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.
The facility Policy provides guidance to staff regarding the use of the information obtained
from the Vulnerability Assessment: Risk for Victimization and/or Sexual Aggressiveness. The
staff interviews, and information obtained through the administration of the screening
instrument assist in determining bed, education and other program assignments with the goal
of keeping all residents safe and meeting the needs of each resident. This information was
verified through a review of specific samples of the aforementioned completed screening
instrument. The facility also uses additional screening instruments.
Provision (b):
Residents may be isolated from others only as a last resort when less restrictive measures
are inadequate to keep them and other residents safe, and then only until an alternative
means of keeping all residents safe can be arranged. During any period of isolation, agencies
shall not deny residents daily large-muscle exercise and any legally required educational
programming or special education services. Residents in isolation shall receive daily visits
from a medical or mental health care clinician. Residents shall also have access to other
programs and work opportunities to the extent possible.
The Policy states 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 at risk of sexual victimization were placed in isolation in the 12 months preceding
the audit. The interview with the Superintendent 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 use of isolation would be documented. The residents’ rights to daily large-
PREA Audit Report Page 62 of 83 Facility Name – double click to change
muscle exercise and any legally required educational programming or special education
services would be provided. Based on the review of the Pre-audit questionnaire, related
documents and interview with the Superintendent, the evidence shows the facility follows this
provision of the standard.
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.
MDRJDC FOP PREA 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. The PREA Compliance
Manager’s interview also verified compliance with this standard.
During the site tour, there were no rooms observed to be reserved for transgender or intersex
residents. The restroom/showers were observed and were configured for a reasonable
amount of privacy. A staff interview, and observations 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.
The Policy and FOP also provides that housing and program assignments for transgender or
intersex residents would be made on a case-by-case basis and these residents would 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 visit and this audit period. The
Intake staff’s interview confirmed the facility would 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.
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.
The Policy and FOP states placement and programming assignments for each transgender
or intersex resident shall be reassessed at least twice each year. This function would be done
to review any threats to safety experienced by the resident and the Intake staff is aware of the
requirement. 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. Based on the review of the Pre-audit Questionnaire and interview with the Intake
PREA Audit Report Page 63 of 83 Facility Name – double click to change
staff, the evidence shows the facility follows this provision of the standard.
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 Vulnerability Assessment and this applies to every resident. The residents confirmed in
the interviews, they are asked about their safety concerns. A review of the PREA Education
& Screening Log demonstrated the additional documentation of the screening assessments
and re-assessments completed for each resident. The staff interviews revealed staff members
are aware of the Policy which requires the provision of the standard to be followed.
Provision (g):
Transgender and intersex residents shall be given the opportunity to shower separately from
other residents.
Transgender and intersex residents are 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 and PREA 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 would 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.
The Policy states every thirty (30) days, staff shall afford each resident described in provision
(b) of this section a review to determine whether there is a continuing need for separation
from the general population. No residents at risk of sexual victimization were placed in
PREA Audit Report Page 64 of 83 Facility Name – double click to change
isolation in the 12 months preceding the audit. Interviews with the Director and PREA
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.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is fully compliant with this standard regarding use of screening information. The
facility uses information from the risk screening required by §115.341 to inform housing, bed,
work, education, and program assignments with the goal of keeping all residents safe and
free from sexual abuse. The facility prohibits placing LGBTI residents in particular housing,
bed, or other assignments solely on the basis of such identification or status and does not
consider such identification or status as an indicator of likelihood of being sexually abusive.
The facility is prepared to provide a safe and secure environment and follow all provisions of
this standard.
REPORTING
Standard 115.351: Resident reporting
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.351 (a)
▪ Does the agency provide multiple internal ways for residents to privately report: Sexual abuse
and sexual harassment? ☒ Yes ☐ No
▪ Does the agency provide multiple internal ways for residents to privately report: Retaliation by
other residents or staff for reporting sexual abuse and sexual harassment? ☒ Yes ☐ No
▪ Does the agency provide multiple internal ways for residents to privately report: Staff neglect or
violation of responsibilities that may have contributed to such incidents? ☒ Yes ☐ No
115.351 (b)
▪ Does the agency also provide at least one way for residents to report sexual abuse or sexual
harassment to a public or private entity or office that is not part of the agency? ☒ Yes ☐ No
▪ Is that private entity or office able to receive and immediately forward resident reports of sexual
abuse and sexual harassment to agency officials? ☒ Yes ☐ No
▪ Does that private entity or office allow the resident to remain anonymous upon request?
☒ Yes ☐ No
▪ Are residents detained solely for civil immigration purposes provided information on how to
contact relevant consular officials and relevant officials at the Department of Homeland Security
to report sexual abuse or harassment? ☒ Yes ☐ No
PREA Audit Report Page 65 of 83 Facility Name – double click to change
115.351 (c)
▪ Do staff members accept reports of sexual abuse and sexual harassment made verbally, in
writing, anonymously, and from third parties? ☒ Yes ☐ No
▪ Do staff members promptly document any verbal reports of sexual abuse and sexual
harassment? ☒ Yes ☐ No
115.351 (d)
▪ Does the facility provide residents with access to tools necessary to make a written report?
☒ Yes ☐ No
▪ Does the agency provide a method for staff to privately report sexual abuse and sexual
harassment of residents? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
PREA/Grievance Forms
Medical Request Form
Third Party Reporting Forms
Safety Brochure
Sample of Incident Report
Resident Reporting Poster
Multilingual Posters
MOU, Roxy Bolton Center
PREA Audit Report Page 66 of 83 Facility Name – double click to change
Interviews:
Random Staff
Residents
Superintendent/PREA 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.
MDRJDC FOP PREA provides multiple internal ways for residents to privately report sexual
abuse and sexual harassment, retaliation and staff neglect including telling a trusted staff
member or filling out a PREA Reporting form and placing it in a secure drop box. Random
resident interviews confirmed their knowledge of this procedure. FOP addresses this
standard and provides for multiple internal 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 hotline of an agency not a part of the facility as confirmed by resident interviews,
posters, staff, MOU, and posted phone instructions. Direct care staff interviews revealed
residents may use the telephone, located on each unit, to privately report sexual abuse and
sexual harassment. The telephone was tested during the site tour and was found to be in
working order.
The residents also identified internal ways a resident may report such as completing a
PREA/grievance form; talking to a trusted staff member; completing a Medical Request Form;
or tell an outside person or family member. There are designated locked boxes and forms on
the living units for depositing the written grievance forms. 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 grievance box.
The resident receives a Safety Brochure which provides PREA related information, including
how to report allegations of sexual abuse. 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
PREA Audit Report Page 67 of 83 Facility Name – double click to change
officials, allowing the resident to remain anonymous upon request. Residents detained solely
for civil immigration purposes shall be provided information on how to contact relevant
consular officials and relevant officials at the Department of Homeland Security.
The MDRJDC FOP PREA requires youth to have one way of reporting sexual abuse and
sexual harassment to a public or private entity or office not a part of the agency. Residents
may call the Florida Abuse Hotline or call the victims’ advocate hotline. Residents may request
to use a telephone with some degree of privacy to call the hotline without having to obtain
staff permission and that mandates staff not to question residents about the reason for the
call. A resident can request writing materials to write and send a letter to one of these sources.
Random residents interviewed were aware of the abuse hotline and were able to articulate
how they could gain access.
Residents may use of the emergency telephone located on each unit. The resident may select
the appropriate line and dial a number to reach a victim advocate at The Roxy Bolton Center
to report an allegation of abuse and/or request advocacy services. Signs are posted
explaining how to access the Center and contains non-emergency numbers for agencies,
including the Police Department. The resident is also instructed on the signage to dial 911 for
emergencies. Direct care staff revealed staff could use the emergency phone to report
allegations of abuse. Allegations of sexual abuse have not been reported during this audit
period. 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. All residents interviewed revealed they are familiar
with the provisions of the standard. The resident interviews demonstrated their familiarity with
the various ways they may report either in person, in writing, by phone, completing a
PREA/grievance or Medical Request Form, or through a third-party. The residents were aware
third-party reports could be made and that reports can be made anonymously. Staff members
interviewed were aware of their duty to receive and document third-party reports.
Provision (d):
The facility shall provide residents with access to tools necessary to make a written report.
Writing materials are readily available for residents to complete the accessible forms. Prior to
the site visit pictures were sent to the Auditor showing the reporting forms such as
PREA/Grievance forms and Medical Request Forms and the accessibility of writing utensils.
During the site visit and while on the site review, the Auditor observed the accessibility of
writing utensils to the residents.
Provision (e):
The agency shall provide a method for staff to privately report sexual abuse and sexual
PREA Audit Report Page 68 of 83 Facility Name – double click to change
harassment of residents.
The staff interviews revealed staff can privately report allegations of sexual abuse. The
interviews collectively identified the following ways a report can be made privately: use of the
telephone on the living units; use of telephone in an office; third-party reporting form online;
report by email to administrative staff; and/or talk to supervisor in private.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is compliant with this standard regarding resident reporting. The residents have
multiple internal ways for to privately report. Reports can be made verbally, in writing,
anonymously, and from third parties. A youth may also call or write his/her parent(s) or
guardian or call or write his/her attorney or legal representative. Verbal reports would be
documented immediately. Residents have access to pens and pencils to write a grievance or
complete a Medical Request Form. Staff can privately report sexual abuse and sexual
harassment of residents.
Standard 115.352: Exhaustion of administrative remedies
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.352 (a)
▪ Is the agency exempt from this standard? NOTE: The agency is exempt ONLY if it does not
have administrative procedures to address resident grievances regarding sexual abuse. This
does not mean the agency is exempt simply because a resident does not have to or is not
ordinarily expected to submit a grievance to report sexual abuse. This means that as a matter of
explicit policy, the agency does not have an administrative remedies process to address sexual
abuse. ☒ Yes ☐ No ☐ NA
115.352 (b)
▪ Does the agency permit residents to submit a grievance regarding an allegation of sexual abuse
without any type of time limits? (The agency may apply otherwise-applicable time limits to any
portion of a grievance that does not allege an incident of sexual abuse.) (N/A if agency is
exempt from this standard.) ☐ Yes ☐ No ☒ NA
▪ Does the agency always refrain from requiring a resident to use any informal grievance process,
or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse? (N/A if agency
is exempt from this standard.) ☐ Yes ☐ No ☒ NA
115.352 (c)
Does the agency ensure that: A resident who alleges sexual abuse may submit a grievance
▪
without submitting it to a staff member who is the subject of the complaint? (N/A if agency is
exempt from this standard.) ☐ Yes ☐ No ☒ NA
▪ Does the agency ensure that: Such grievance is not referred to a staff member who is the
PREA Audit Report Page 69 of 83 Facility Name – double click to change
subject of the complaint? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
115.352 (d)
▪ Does the agency issue a final agency decision on the merits of any portion of a grievance
alleging sexual abuse within 90 days of the initial filing of the grievance? (Computation of the
90-day time period does not include time consumed by residents in preparing any administrative
appeal.) (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
▪ If the agency determines that the 90-day timeframe is insufficient to make an appropriate
decision and claims an extension of time [the maximum allowable extension of time to respond
is 70 days per 115.352(d)(3)], does the agency notify the resident in writing of any such
extension and provide a date by which a decision will be made? (N/A if agency is exempt from
this standard.) ☐ Yes ☐ No ☒ NA
▪ At any level of the administrative process, including the final level, if the resident does not
receive a response within the time allotted for reply, including any properly noticed extension,
may a resident consider the absence of a response to be a denial at that level? (N/A if agency is
exempt from this standard.) ☐ Yes ☐ No ☒ NA
115.352 (e)
▪ Are third parties, including fellow residents, staff members, family members, attorneys, and
outside advocates, permitted to assist residents in filing requests for administrative remedies
relating to allegations of sexual abuse? (N/A if agency is exempt from this standard.)
☐ Yes ☐ No ☒ NA
▪ Are those third parties also permitted to file such requests on behalf of residents? (If a third
party, other than a parent or legal guardian, files such a request on behalf of a resident, the
facility may require as a condition of processing the request that the alleged victim agree to
have the request filed on his or her behalf, and may also require the alleged victim to personally
pursue any subsequent steps in the administrative remedy process.) (N/A if agency is exempt
from this standard.) ☐ Yes ☐ No ☒ NA
▪ If the resident declines to have the request processed on his or her behalf, does the agency
document the resident’s decision? (N/A if agency is exempt from this standard.)
☐ Yes ☐ No ☒ NA
▪ Is a parent or legal guardian of a juvenile allowed to file a grievance regarding allegations of
sexual abuse, including appeals, on behalf of such juvenile? (N/A if agency is exempt from this
standard.) ☐ Yes ☐ No ☒ NA
▪ If a parent or legal guardian of a juvenile files a grievance (or an appeal) on behalf of a juvenile
regarding allegations of sexual abuse, is it the case that those grievances are not conditioned
upon the juvenile agreeing to have the request filed on his or her behalf? (N/A if agency is
exempt from this standard.) ☐ Yes ☐ No ☒ NA
115.352 (f)
PREA Audit Report Page 70 of 83 Facility Name – double click to change
▪ Has the agency established procedures for the filing of an emergency grievance alleging that a
resident is subject to a substantial risk of imminent sexual abuse? (N/A if agency is exempt from
this standard.) ☐ Yes ☐ No ☒ NA
▪ After receiving an emergency grievance alleging a resident is subject to a substantial risk of
imminent sexual abuse, does the agency immediately forward the grievance (or any portion
thereof that alleges the substantial risk of imminent sexual abuse) to a level of review at which
immediate corrective action may be taken? (N/A if agency is exempt from this standard.).
☐ Yes ☐ No ☒ NA
▪ After receiving an emergency grievance described above, does the agency provide an initial
response within 48 hours? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
▪ After receiving an emergency grievance described above, does the agency issue a final agency
decision within 5 calendar days? (N/A if agency is exempt from this standard.)
☐ Yes ☐ No ☒ NA
▪ Does the initial response and final agency decision document the agency’s determination
whether the resident is in substantial risk of imminent sexual abuse? (N/A if agency is exempt
from this standard.) ☐ Yes ☐ No ☒ NA
▪ Does the initial response document the agency’s action(s) taken in response to the emergency
grievance? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
▪ Does the agency’s final decision document the agency’s action(s) taken in response to the
emergency grievance? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
115.352 (g)
▪ If the agency disciplines a resident for filing a grievance related to alleged sexual abuse, does it
do so ONLY where the agency demonstrates that the resident filed the grievance in bad faith?
(N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
PREA Audit Report Page 71 of 83 Facility Name – double click to change
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Resident Brochure
Inspector General statement
Interviews:
Superintendent/PREA Manager
MDRJDC FOP PREA states the facility is exempt from this standard because it does not have
administrative procedures in place for residents to report allegations of sexual abuse and
sexual harassment through the grievance procedure.
Standard 115.353: Resident access to outside confidential support services
and legal representation
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.353 (a)
▪ Does the facility provide residents with access to outside victim advocates for emotional support
services related to sexual abuse by providing, posting, or otherwise making assessible mailing
addresses and telephone numbers, including toll-free hotline numbers where available, of local,
State, or national victim advocacy or rape crisis organizations? ☒ Yes ☐ No
▪ Does the facility provide persons detained solely for civil immigration purposes mailing
addresses and telephone numbers, including toll-free hotline numbers where available of local,
State, or national immigrant services agencies? ☒ Yes ☐ No
▪ Does the facility enable reasonable communication between residents and these organizations
and agencies, in as confidential a manner as possible? ☒ Yes ☐ No
115.353 (b)
▪ Does the facility inform residents, prior to giving them access, of the extent to which such
communications will be monitored and the extent to which reports of abuse will be forwarded to
authorities in accordance with mandatory reporting laws? ☒ Yes ☐ No
115.353 (c)
▪ Does the agency maintain or attempt to enter into memoranda of understanding or other
agreements with community service providers that are able to provide residents with confidential
emotional support services related to sexual abuse? ☒ Yes ☐ No
▪ Does the agency maintain copies of agreements or documentation showing attempts to enter
into such agreements? ☒ Yes ☐ No
PREA Audit Report Page 72 of 83 Facility Name – double click to change
115.353 (d)
▪ Does the facility provide residents with reasonable and confidential access to their attorneys or
other legal representation? ☒ Yes ☐ No
▪ Does the facility provide residents with reasonable access to parents or legal guardians?
☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
MOU, The Roxy Bolton Center
PREA Brochure (Safety Pamphlet)
PREA Notification/Acknowledgement Form
Posted Information
Interviews:
Residents
Superintendent/PREA Manager
Advocate, advocacy agency
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
PREA Audit Report Page 73 of 83 Facility Name – double click to change
and agencies, in as confidential a manner as possible.
MDRJDC FOP PREA ensures residents are provided access to outside confidential support
services. The facility has an MOU with the Roxy Bolton Center which provides the following:
a 24/7 hotline staffed by certified victim advocate; certified victim advocates to respond to
requests for advocacy and accompaniment during forensic examination; counselling; follow-
up support; and referral for treatment after release or transfer to another facility. Signs
containing the Roxy Bolton hotline number and basic information about the service were
observed throughout the facility.
Contact information for advocacy services is a part of the PREA education sessions and is
also provided to each resident in the PREA brochure. Information is also provided through
signs and posters in various parts of the facility including each living unit. The resident
interviews revealed their knowledge of the advocacy services available to them and the
limitations of confidentiality. The hotline telephone was observed in each living unit and the
contact information for services from the agencies was posted. The telephone was tested and
deemed in working order.
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.
The FOP addresses confidentiality of the advocacy support services. The resident receives
information regarding the limitations of confidentiality during the intake process. An
acknowledgement statement specific to the review of the reporting and advocacy services
contains information regarding the advocacy services to be provided by The Roxy Bolton
Center. Samples of acknowledgement statements were reviewed.
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 FOP states the facility has a MOU with the advocacy agency, available by telephone to
the resident for access to outside confidential support services. The resident may use the
phone, located on each living unit, and push the appropriate number to gain access and speak
with a victim advocate. The agency is identified on the signage along with directions for
reporting allegations or requesting advocacy services. The Superintendent/PREA Manager
confirmed the availability and accessibility of outside confidential support services to
residents. A staff member of the advocacy agency stated that an advocate would go to the
facility or the hospital upon request.
Provision (d):
The facility shall also provide residents with reasonable and confidential access to their
PREA Audit Report Page 74 of 83 Facility Name – double click to change
attorneys or other legal representation and reasonable access to parents or legal guardians.
The interviews confirmed residents have access to attorneys and court workers and
reasonable access to their parents/legal guardians. The site tour revealed areas where
residents could meet privately with a legal representative and the visitation area for visits with
family members. All residents interviewed stated family could visit and they provided the days
and times of visitation and for phone calls.
Residents interviewed confirmed the facility would allow them to see or talk with their lawyer,
another lawyer or a court representative privately. Residents interviewed confirmed the facility
would allow them to see and talk with their parents or someone else, such as a legal guardian.
Visitors to the facility are informed of PREA and an acknowledgement statement is signed. A
sample of PREA Acknowledgement forms were reviewed, including that of an attorney. The
Superintendent/PREA Manager confirmed the facility provides residents with reasonable and
confidential access to their attorneys or court representatives and reasonable access to
parents or legal guardians. Based on interviews with residents and the Superintendent, the
evidence shows the facility follows this provision of the standard.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is compliant with this standard regarding resident access to outside confidential
support services and legal representation.
Standard 115.354: Third-party reporting
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.354 (a)
▪ Has the agency established a method to receive third-party reports of sexual abuse and sexual
harassment? ☒ Yes ☐ No
▪ Has the agency distributed publicly information on how to report sexual abuse and sexual
harassment on behalf of a resident? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
PREA Audit Report Page 75 of 83 Facility Name – double click to change
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Acknowledgement Statements
Third Party Reporting Form
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.
FDJJ’s website provides the public with information regarding third-party reporting of sexual
abuse or sexual harassment on behalf of a resident. Resident interviews revealed their
awareness of reporting sexual abuse or sexual harassment to others outside of the facility
including their parents/legal guardians.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA addresses third-party reporting and
interviews revealed random staff members are aware third-party reporting of sexual abuse
and sexual harassment can be done and stated they will be accepted and reported. Staff
members also stated they are to immediately document all verbal reports received. The
interviews revealed they may report allegations privately through the use of the abuse
reporting hotline or a third-party reporting form.
All residents interviewed stated they knew someone who did not work at the facility they could
report to regarding allegations of sexual abuse and that person could make a report for them.
The interviews with the residents revealed their knowledge of third-party reporting. The
residents identified the methods within the facility in which they may make third party reports
such as file an emergency grievance, report to staff or a family member, or utilize the abuse
reporting hotline telephone.
Information regarding reporting is provided through observed postings located in various
areas of the facility accessible to visitors, residents, staff, contractors and volunteers. The
facility’s website contains information regarding third-party reporting of allegations of sexual
abuse. The Third-Party Reporting Form is observed to be located on the website. Copies of
PREA Audit Report Page 76 of 83 Facility Name – double click to change
the Third-Party Reporting form are maintained in the lobby and the reporting information is
provided to parents/guardians. There were no third- party reports received during this audit
period.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor determined the
facility is in compliance regarding third-party reporting. The facility provides various methods
for third-party reports of sexual abuse or sexual harassment.
OFFICIAL RESPONSE FOLLOWING A RESIDENT REPORT
Standard 115.361: Staff and agency reporting duties
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.361 (a)
▪ Does the agency require all staff to report immediately and according to agency policy any
knowledge, suspicion, or information regarding an incident of sexual abuse or sexual
harassment that occurred in a facility, whether or not it is part of the agency? ☒ Yes ☐ No
▪ Does the agency require all staff to report immediately and according to agency policy any
knowledge, suspicion, or information regarding retaliation against residents or staff who
reported an incident of sexual abuse or sexual harassment? ☒ Yes ☐ No
▪ Does the agency require all staff to report immediately and according to agency policy any
knowledge, suspicion, or information regarding any staff neglect or violation of responsibilities
that may have contributed to an incident of sexual abuse or sexual harassment or retaliation?
☒ Yes ☐ No
115.361 (b)
▪ Does the agency require all staff to comply with any applicable mandatory child abuse reporting
laws? ☒ Yes ☐ No
115.361 (c)
▪ Apart from reporting to designated supervisors or officials and designated State or local services
agencies, are staff prohibited from revealing any information related to a sexual abuse report to
anyone other than to the extent necessary, as specified in agency policy, to make treatment,
investigation, and other security and management decisions? ☒ Yes ☐ No
115.361 (d)
▪ Are medical and mental health practitioners required to report sexual abuse to designated
supervisors and officials pursuant to paragraph (a) of this section as well as to the designated State
PREA Audit Report Page 77 of 83 Facility Name – double click to change
or local services agency where required by mandatory reporting laws? ☒ Yes ☐ No
▪ Are medical and mental health practitioners required to inform residents of their duty to report, and
the limitations of confidentiality, at the initiation of services? ☒ Yes ☐ No
115.361 (e)
▪ Upon receiving any allegation of sexual abuse, does the facility head or his or her designee
promptly report the allegation to the appropriate office? ☒ Yes ☐ No
▪ Upon receiving any allegation of sexual abuse, does the facility head or his or her designee
promptly report the allegation to the alleged victim’s parents or legal guardians unless the facility
has official documentation showing the parents or legal guardians should not be notified?
☒ Yes ☐ No
▪ If the alleged victim is under the guardianship of the child welfare system, does the facility head
or his or her designee promptly report the allegation to the alleged victim’s caseworker instead
of the parents or legal guardians? (N/A if the alleged victim is not under the guardianship of the
child welfare system.) ☒ Yes ☐ No ☐ NA
▪ If a juvenile court retains jurisdiction over the alleged victim, does the facility head or designee
also report the allegation to the juvenile’s attorney or other legal representative of record within
14 days of receiving the allegation? ☒ Yes ☐ No
115.361 (f)
▪ Does the facility report all allegations of sexual abuse and sexual harassment, including third- party
and anonymous reports, to the facility’s designated investigators? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
PREA Audit Report Page 78 of 83 Facility Name – double click to change
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Florida Administrative Rule 63F-11
Multilingual Posters
Interviews:
Random Staff
Medical Staff/Nurse
Mental Health Staff/Counselor
Superintendent/PREA Manager
Provision (a) and (b):
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.
According to the MDRJDC FOP PREA and the Florida Administrative Code Rule 63F-11, all
staff members are required to report any allegation of sexual misconduct or youth-on-youth
sexual activity to the Central Communications Center (CCC). The Policy further states that
staff is prohibited from revealing any related information to anyone other than those persons
making treatment, investigation, security, or management decisions. The Policy also states
that staff members are to immediately report any knowledge, suspicion or information they
receive regarding sexual abuse and sexual harassment; retaliation against residents or staff
who report any incidents; or any staff neglect or violation of responsibilities that may have
contributed to an incident or retaliation. This information should be reported to the CCC,
Department of Children and Families Abuse Registry, and local law enforcement. Staff
interviews support the standard requirement.
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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA supports that after allegations have been
appropriately reported, staff will not be permitted to 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. Based on the review of documentation and interviews with staff,
PREA Audit Report Page 79 of 83 Facility Name – double click to change
it is evident the facility follows this provision of the standard.
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.
Allegations of sexual abuse will be made by the facility Superintendent/designee which
includes but is not limited to the Miami Dade Police Department. The interview with the
Superintendent confirmed if the resident is under the custody of a child welfare agency, the
Case Worker will be notified. This information was also verified through Policy review and the
interview with the Superintendent.
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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA states that 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.
Conclusion:
The interviews with random staff, mental health and medical staff and Superintendent
revealed their awareness of the requirements regarding the reporting duties. All staff
interviewed acknowledged they are mandated reporters and a written report must immediately
follow reported allegations or incidents. The random staff interviewed provided the reporting
PREA Audit Report Page 80 of 83 Facility Name – double click to change
requirements and that staff is expected to document receipt of verbal reports immediately.
The facility staff members are also required by the Policy to report allegations that were made
anonymously or by a third-party. During this audit period, there were no allegations of sexual
abuse.
Standard 115.362: Agency protection duties
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.362 (a)
▪ When the agency learns that a resident is subject to a substantial risk of imminent sexual
abuse, does it take immediate action to protect the resident? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Vulnerability Assessments
Inspector General Directive
Interviews:
Superintendent/PREA Manager
Random Staff
§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 MDRJDC FOP PREA addresses this standard and provides that when the facility learns
PREA Audit Report Page 81 of 83 Facility Name – double click to change
that a resident is subject to substantial risk of imminent sexual abuse, it takes immediate
action to protect the resident. There have been no incidents in the last 12 months where the
facility took any action regarding a resident being in substantial risk of imminent sexual abuse,
as revealed in interviews with the Superintendent and random staff. Policy guides the
response to this standard if it becomes necessary.
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. The
Superintendent/PREA Manager report during the past 12 months, no residents were identified
as being subject to substantial risk of imminent sexual abuse. The Checklists regarding the
investigations of allegations serves to assist the investigator in ensuring the required protocols
are followed.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is compliant with this standard and the provisions regarding agency protection
duties.
Standard 115.363: Reporting to other confinement facilities
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.363 (a)
▪ Upon receiving an allegation that a resident was sexually abused while confined at another
facility, does the head of the facility that received the allegation notify the head of the facility or
appropriate office of the agency where the alleged abuse occurred? ☒ Yes ☐ No
▪ Does the head of the facility that received the allegation also notify the appropriate investigative
agency? ☒ Yes ☐ No
115.363 (b)
▪ Is such notification provided as soon as possible, but no later than 72 hours after receiving the
allegation? ☒ Yes ☐ No
115.363 (c)
▪ Does the agency document that it has provided such notification? ☒ Yes ☐ No
115.363 (d)
▪ Does the facility head or agency office that receives such notification ensure that the allegation is
investigated in accordance with these standards? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
PREA Audit Report Page 82 of 83 Facility Name – double click to change
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Superintendent
Provisions (a), (b), (c), and (d):
Upon receiving an allegation that a resident was sexually abused while confined at another
facility, the head of the facility that received the allegation shall notify the head of the facility
or appropriate office of the agency where the alleged abuse occurred and shall also notify the
appropriate investigative agency. (b) Such notification shall be provided as soon as possible,
but no later than 72 hours after receiving the allegation. (c)The agency shall document that it
has provided such notification. (d) The facility head or agency office that receives such
notification shall ensure that the allegation is investigated in accordance with these standards.
MDRJDC FOP PREA requires the Superintendent to notify the head of another facility within
72 hours upon receiving an allegation a resident was sexually abused while confined at another
facility. If any allegation is made, the notifications and documentation of the notifications would
be made according to facility policy.
During the past 12 months, there were no allegations received a resident was abused while
confined to another facility nor were there allegations of sexual abuse received by MDRJDC
from other facilities.
Conclusion:
Based upon the information received and interviews, the Auditor has determined the facility
is compliant with this standard regarding reporting to other confinement facilities.
Standard 115.364: Staff first responder duties
PREA Audit Report Page 83 of 83 Facility Name – double click to change
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.364 (a)
▪ Upon learning of an allegation that a resident was sexually abused, is the first security staff
member to respond to the report required to: Separate the alleged victim and abuser?
☒ Yes ☐ No
▪ Upon learning of an allegation that a resident was sexually abused, is the first security staff
member to respond to the report required to: Preserve and protect any crime scene until
appropriate steps can be taken to collect any evidence? ☒ Yes ☐ No
▪ Upon learning of an allegation that a resident was sexually abused, is the first security staff
member to respond to the report required to: Request that the alleged victim not take any
actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth,
changing clothes, urinating, defecating, smoking, drinking, or eating, if the abuse occurred
within a time period that still allows for the collection of physical evidence? ☒ Yes ☐ No
▪ Upon learning of an allegation that a resident was sexually abused, is the first security staff
member to respond to the report required to: Ensure that the alleged abuser does not take any
actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth,
changing clothes, urinating, defecating, smoking, drinking, or eating, if the abuse occurred
within a time period that still allows for the collection of physical evidence? ☒ Yes ☐ No
115.364 (b)
If the first staff responder is not a security staff member, is the responder required to request that the alleged
victim not take any actions that could destroy physical evidence, and then notify security staff? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
PREA Audit Report Page 84 of 83 Facility Name – double click to change
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
MDRJDC Coordinated Response
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.
MDRJDC FOP PREA provides 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 they
had been provided. There were no allegations that a resident was sexually abused in the last
12 months.
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.
Random staff interviews revealed considerable knowledge of actions to be taken upon
learning a resident alleges being sexually abused.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is compliant with this standard regarding staff first responder duties.
PREA Audit Report Page 85 of 83 Facility Name – double click to change
Standard 115.365: Coordinated response
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.365 (a)
▪ Has the facility developed a written institutional plan to coordinate actions among staff first responders,
medical and mental health practitioners, investigators, and facility leadership taken in response to an
incident of sexual abuse? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
MDRJDC Coordinated Response
Interviews:
Superintendent
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 MDRJDC FOP PREA require the development of a written plan
to coordinate actions taken in response to an incident of sexual assault among staff first
responders, medical, and facility leadership. The facility’s coordinated staff response plan was
reviewed and found in compliance with the standard.
PREA Audit Report Page 86 of 83 Facility Name – double click to change
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 was
parallel to Policy.
Forensic medical examinations will be provided free of charge to the victim at the Roxy Bolton
Center 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 as stated in the Center’s Sexual Assault Policy. 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 has determined
the facility complies with the provisions of the standard regarding a coordinated response to
an incident of sexual abuse. No allegations of sexual abuse have been reported during this
audit period.
Standard 115.366: Preservation of ability to protect residents from contact
with abusers
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.366 (a)
▪ Are both the agency and any other governmental entities responsible for collective bargaining
on the agency’s behalf prohibited from entering into or renewing any collective bargaining
agreement or other agreement that limits the agency’s ability to remove alleged staff sexual
abusers from contact with any residents pending the outcome of an investigation or of a
determination of whether and to what extent discipline is warranted? ☐ Yes ☒ No
115.366 (b)
▪ Auditor is not required to audit this provision.
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
PREA Audit Report Page 87 of 83 Facility Name – double click to change
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
FDJJ is not a collective bargaining agency; therefore, this standard is not applicable as
confirmed by the Superintendent and included in the PREA Pre-Audit Questionnaire.
Standard 115.367: Agency protection against retaliation
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.367 (a)
▪ Has the agency established a policy to protect all residents and staff who report sexual abuse or
sexual harassment or cooperate with sexual abuse or sexual harassment investigations from
retaliation by other residents or staff? ☒ Yes ☐ No
▪ Has the agency designated which staff members or departments are charged with monitoring
retaliation? ☒ Yes ☐ No
115.367 (b)
▪ Does the agency employ multiple protection measures for 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? ☒ Yes ☐ No
115.367 (c)
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency: Monitor the conduct
and treatment of residents or staff who reported the sexual abuse to see if there are changes
that may suggest possible retaliation by residents or staff? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency: Monitor the conduct
and treatment of residents who were reported to have suffered sexual abuse to see if there are
changes that may suggest possible retaliation by residents or staff? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency: Act promptly to remedy
any such retaliation? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency: Monitor: Any resident
disciplinary reports? ☒ Yes ☐ No
PREA Audit Report Page 88 of 83 Facility Name – double click to change
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency: Monitor: Resident
housing changes? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency: Monitor: Resident
program changes? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency: Monitor: Negative
performance reviews of staff? ☒ Yes ☐ No
▪ Except in instances where the agency determines that a report of sexual abuse is unfounded,
for at least 90 days following a report of sexual abuse, does the agency: Monitor:
Reassignments of staff? ☒ Yes ☐ No
▪ Does the agency continue such monitoring beyond 90 days if the initial monitoring indicates a
continuing need? ☒ Yes ☐ No
115.367 (d)
▪ In the case of residents, does such monitoring also include periodic status checks?
☒ Yes ☐ No
115.367 (e)
▪ If any other individual who cooperates with an investigation expresses a fear of retaliation, does
the agency take appropriate measures to protect that individual against retaliation?
☒ Yes ☐ No
115.367 (f)
▪ Auditor is not required to audit this provision.
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
PREA Audit Report Page 89 of 83 Facility Name – double click to change
MDRJDC meets the requirements of this standard based upon the following evidence:
Documentation Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Comprehensive Accountability Report
Facility Organizational Chart
Interviews:
Retaliation Monitor
Superintendent/PREA 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 MDRJDC FOP PREA require the protection of residents and
staff who have reported sexual abuse or harassment or who have cooperated in a sexual
abuse or sexual harassment investigation. The policy requires the monitoring to take place
for a period of 90 days or longer, as needed.
The Captain serves as the Retaliation Monitor and his interview revealed he is knowledgeable
of the position’s responsibilities. He articulated multiple measures available for victims,
abusers and staff such as housing changes, transfers, reassign staff, etc. FDJJ has developed
a form to document monitoring.
There was no retaliation monitoring in the past 12 months.
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.
The Policy identifies measures to protect staff and residents including the following:
a. Initiating housing changes or transfers for resident victims or abusers;
b. Removing alleged staff or resident abusers from contact with victims; and
c. Providing emotional support services.
The interview confirmed the facility would protect residents and staff from retaliation for sexual
abuse and sexual harassment allegations. Protective measures would include housing
changes, transfers, removing alleged abusers, and emotional support services. The PREA
Manager identified protective measures that are aligned with the FOP and standard, including
separating the alleged abuser from the alleged victim.
PREA Audit Report Page 90 of 83 Facility Name – double click to change
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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA requires the monitoring of items identified
in this provision of the standard. The PREA Manager explained during the interview how he
would discharge those duties, including monitoring the items identified in the standard and
whether a resident filed a grievance alleging sexual abuse or sexual harassment. Retaliation
monitoring would occur for 90 days to see if there are any changes that may suggest possible
retaliation by residents or staff, and shall act promptly to remedy any such retaliation,
according to Policy. The monitoring will continue beyond ninety (90) days, if the initial
monitoring indicates a continuing need. There have been no incidents of retaliation during the
12 months preceding the audit.
Provision (d):
In the case of residents, such monitoring shall also include periodic status checks.
The PREA Manager indicated status checks would be initiated with staff and residents. The
FOP states periodic status will occur. The Retaliation Status Checklist would be used to
document the status checks as well as the Retaliation Monitoring Checklist to document the
ongoing motoring and use of the Retaliation Status Checklist.
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.
The FOP states if any other individual who cooperates with an investigation expresses the
occurrence retaliation from another resident or staff member, MDRJDC shall 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 FOP states the facility’s obligation to monitor shall terminate if it is determined that the
allegation is unfounded.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is compliant with this standard regarding agency protection against retaliation
PREA Audit Report Page 91 of 83 Facility Name – double click to change
Standard 115.368: Post-allegation protective custody
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.368 (a)
▪ Is any and all use of segregated housing to protect a resident who is alleged to have suffered
sexual abuse subject to the requirements of § 115.342? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Superintendent
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.
MDRJDC FOP PREA requires residents may only be restricted to his/her single room as a
last measure to keep a resident who alleged sexual abuse safe and then only until an
alternative means for keeping the resident safe can be arranged. No residents have alleged
sexual abuse in the past 12 months. The Superintendent’s interview confirmed compliance
with this standard.
PREA Audit Report Page 92 of 83 Facility Name – double click to change
FDJJ Policy 1919 PREA and MDRJDC 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, Nurse and Counselor, stated
they are not aware of an incident regarding sexual abuse or sexual harassment. The clinical
staff confirmed in such case, the resident would be visited at least daily.
Conclusion:
Based upon the review and analysis of Policy, interviews and observations, the Auditor has
determined the facility is compliant with this standard regarding post-allegation protective
custody.
INVESTIGATIONS
Standard 115.371: Criminal and administrative agency investigations
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.371 (a)
▪ When the agency conducts its own investigations into allegations of sexual abuse and sexual
harassment, does it do so promptly, thoroughly, and objectively? [N/A if the agency/facility is not
responsible for conducting any form of criminal OR administrative sexual abuse investigations.
See 115.321(a).] ☒ Yes ☐ No ☐ NA
▪ Does the agency conduct such investigations for all allegations, including third party and
anonymous reports? [N/A if the agency/facility is not responsible for conducting any form of
criminal OR administrative sexual abuse investigations. See 115.321(a).]
☒ Yes ☐ No ☐ NA
115.371 (b)
▪ Where sexual abuse is alleged, does the agency use investigators who have received
specialized training in sexual abuse investigations involving juvenile victims as required by
115.334? ☒ Yes ☐ No
115.371 (c)
▪ Do investigators gather and preserve direct and circumstantial evidence, including any available
physical and DNA evidence and any available electronic monitoring data? ☒ Yes ☐ No
PREA Audit Report Page 93 of 83 Facility Name – double click to change
▪ Do investigators interview alleged victims, suspected perpetrators, and witnesses?
☒ Yes ☐ No
▪ Do investigators review prior reports and complaints of sexual abuse involving the suspected
perpetrator? ☒ Yes ☐ No
115.371 (d)
▪ Does the agency always refrain from terminating an investigation solely because the source of
the allegation recants the allegation? ☒ Yes ☐ No
115.371 (e)
▪ When the quality of evidence appears to support criminal prosecution, does the agency conduct
compelled interviews only after consulting with prosecutors as to whether compelled interviews
may be an obstacle for subsequent criminal prosecution? ☒ Yes ☐ No
115.371 (f)
▪ Do agency investigators assess the credibility of an alleged victim, suspect, or witness on an
individual basis and not on the basis of that individual’s status as resident or staff?
☒ Yes ☐ No
▪ Does the agency investigate allegations of sexual abuse without requiring a resident who
alleges sexual abuse to submit to a polygraph examination or other truth-telling device as a
condition for proceeding? ☒ Yes ☐ No
115.371 (g)
▪ Do administrative investigations include an effort to determine whether staff actions or failures to
act contributed to the abuse? ☒ Yes ☐ No
▪ Are administrative investigations documented in written reports that include a description of the
physical evidence and testimonial evidence, the reasoning behind credibility assessments, and
investigative facts and findings? ☒ Yes ☐ No
115.371 (h)
▪ Are criminal investigations documented in a written report that contains a thorough description
of the physical, testimonial, and documentary evidence and attaches copies of all documentary
evidence where feasible? ☒ Yes ☐ No
115.371 (i)
▪ Are all substantiated allegations of conduct that appears to be criminal referred for prosecution?
☒ Yes ☐ No
115.371 (j)
PREA Audit Report Page 94 of 83 Facility Name – double click to change
▪ Does the agency retain all written reports referenced in 115.371(g) and (h) for as long as the
alleged abuser is incarcerated or employed by the agency, plus five years unless the abuse was
committed by a juvenile resident and applicable law requires a shorter period of retention?
☒ Yes ☐ No
115.371 (k)
▪ Does the agency ensure that the departure of an alleged abuser or victim from the employment
or control of the agency does not provide a basis for terminating an investigation?
☒ Yes ☐ No
115.371 (l)
▪ Auditor is not required to audit this provision.
115.371 (m)
▪ When an outside entity investigates sexual abuse, does the facility cooperate with outside
investigators and endeavor to remain informed about the progress of the investigation? (N/A if
an outside agency does not conduct administrative or criminal sexual abuse investigations. See
115.321(a).) ☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Inspector General Directive
Interviews:
Superintendent/PREA Manager
Random Staff
PREA Audit Report Page 95 of 83 Facility Name – double click to change
§115.371
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.
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.
Provision (d):
The agency shall not terminate an investigation solely because the source of the allegation
recants the allegation.
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.
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.
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.
Provision (i):
Substantiated allegations of conduct that appears to be criminal shall be referred for
PREA Audit Report Page 96 of 83 Facility Name – double click to change
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.
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.
Provision (l):
Any State entity or Department of Justice component that conducts such investigations shall
do so pursuant to the above requirements.
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.
MDRJDC FOP PREA states FDJJ does not conduct criminal investigations of residents’
allegations of sexual abuse. The Miami Dade Police Department and the Florida Department
of Children and Families Services handle criminal investigations. FDJJ’s Office of Inspector
General (OIG) reviews allegations to identify any misconduct by staff related to FDJJ
regulatory guidance. The policy also states the agency does not terminate an investigation
solely because the source of the allegation recants the allegation.
The agency retains all written reports of investigations pertaining to administrative and
criminal investigations.
There have been no substantiated allegations of sexual abuse since the last PREA audit. The
interviews confirmed what the practice will be in accordance with the Policy, FOP, and
standard.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is compliant with this standard regarding criminal and administrative agency
investigations.
Standard 115.372: Evidentiary standard for administrative investigations
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.372 (a)
▪ Is it true that the agency does not impose a standard higher than a preponderance of the
evidence in determining whether allegations of sexual abuse or sexual harassment are
PREA Audit Report Page 97 of 83 Facility Name – double click to change
substantiated? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Inspector General Directive
Interviews:
Superintendent/PREA 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.
MDRJDC FOP PREA states the facility shall impose no standard higher than a preponderance
of the evidence in determining whether allegations of misconduct by staff are substantiated.
The interview with the Superintendent and review of the Directive from the OIG was aligned
with the FOP.
Conclusion:
Based upon the review and analysis of the available evidence and the interviews, the Auditor
has determined the facility is compliant with this standard regarding evidentiary standard for
administrative investigations.
Standard 115.373: Reporting to residents
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
PREA Audit Report Page 98 of 83 Facility Name – double click to change
115.373 (a)
▪ Following an investigation into a resident’s allegation that he or she suffered sexual abuse in an
agency facility, does the agency inform the resident as to whether the allegation has been
determined to be substantiated, unsubstantiated, or unfounded? ☒ Yes ☐ No
115.373 (b)
▪ If the agency did not conduct the investigation into a resident’s allegation of sexual abuse in 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.) ☒ Yes ☐ No ☐ NA
115.373 (c)
▪ Following a resident’s allegation that a staff member has committed sexual abuse against the
resident, unless the agency has determined that the allegation is unfounded, or unless the
resident has been released from custody, does the agency subsequently inform the resident
whenever: The staff member is no longer posted within the resident’s unit? ☒ Yes ☐ No
▪ Following a resident’s allegation that a staff member has committed sexual abuse against the
resident, unless the agency has determined that the allegation is unfounded, or unless the
resident has been released from custody, does the agency subsequently inform the resident
whenever: The staff member is no longer employed at the facility? ☒ Yes ☐ No
▪ Following a resident’s allegation that a staff member has committed sexual abuse against the
resident, unless the agency has determined that the allegation is unfounded, or unless the
resident has been released from custody, does the agency subsequently inform the resident
whenever: The agency learns that the staff member has been indicted on a charge related to
sexual abuse in the facility? ☒ Yes ☐ No
▪ Following a resident’s allegation that a staff member has committed sexual abuse against the
resident, unless the agency has determined that the allegation is unfounded, or unless the
resident has been released from custody, does the agency subsequently inform the resident
whenever: The agency learns that the staff member has been convicted on a charge related to
sexual abuse within the facility? ☒ Yes ☐ No
115.373 (d)
▪ Following a resident’s allegation that he or she has been sexually abused by another resident,
does the agency subsequently inform the alleged victim whenever: The agency learns that the
alleged abuser has been indicted on a charge related to sexual abuse within the facility?
☒ Yes ☐ No
▪ Following a resident’s allegation that he or she has been sexually abused by another resident,
does the agency subsequently inform the alleged victim whenever: The agency learns that the
alleged abuser has been convicted on a charge related to sexual abuse within the facility?
☒ Yes ☐ No
PREA Audit Report Page 99 of 83 Facility Name – double click to change
115.373 (e)
▪ Does the agency document all such notifications or attempted notifications? ☒ Yes ☐ No
115.373 (f)
▪ Auditor is not required to audit this provision.
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Comprehensive Accountability Report
Inspector General Directive
Interviews:
Superintendent/PREA 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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA require at the conclusion of any law
enforcement 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.
PREA Audit Report Page 100 of Facility Name – double click to change
83
The Superintendent’s interview confirmed his knowledge of the policies and the requirements
of this standard.
There has been no criminal investigation completed during the past 12 months.
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.
Provision (c):
Following a resident’s allegation that a staff member has committed sexual abuse against the
resident, the agency shall subsequently inform the resident (unless the agency has
determined that the allegation is unfounded) whenever:
(1) The staff member is no longer posted within the resident’s unit;
(2) The staff member is no longer employed at the facility;
(3) The agency learns that the staff member has been indicted on a charge related to sexual
abuse within the facility; or
(4) The agency learns that the staff member has been convicted on a charge related to sexual
abuse within the facility.
The 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 MDRJDC;
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.
The Policy provides that following a resident’s allegation that he 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
PREA Audit Report Page 101 of Facility Name – double click to change
83
b. The alleged abuser is adjudicated on a charge related to sexual abuse.
Provision (e):
All such notifications or attempted notifications shall be documented.
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:
The interviews with the identified staff confirm the Policy requirements and their knowledge of
the process of reporting to a resident regarding the outcomes of an allegation of sexual abuse.
Based on the review and analysis of the available documentation and interviews, the Auditor
has determined the facility is compliant with this standard regarding reporting to residents.
DISCIPLINE
Standard 115.376: Disciplinary sanctions for staff
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.376 (a)
▪ Are staff subject to disciplinary sanctions up to and including termination for violating agency
sexual abuse or sexual harassment policies? ☒ Yes ☐ No
115.376 (b)
▪ Is termination the presumptive disciplinary sanction for staff who have engaged in sexual
abuse? ☒ Yes ☐ No
115.376 (c)
▪ Are disciplinary sanctions for violations of agency policies relating to sexual abuse or sexual
harassment (other than actually engaging in sexual abuse) commensurate with the nature and
circumstances of the acts committed, the staff member’s disciplinary history, and the sanctions
imposed for comparable offenses by other staff with similar histories? ☒ Yes ☐ No
115.376 (d)
▪ Are all terminations for violations of agency sexual abuse or sexual harassment policies, or
resignations by staff who would have been terminated if not for their resignation, reported to:
Law enforcement agencies (unless the activity was clearly not criminal)? ☒ Yes ☐ No
▪ Are all terminations for violations of agency sexual abuse or sexual harassment policies, or
resignations by staff who would have been terminated if not for their resignation, reported to:
PREA Audit Report Page 102 of Facility Name – double click to change
83
Relevant licensing bodies? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Employee Handbook
Interview:
Superintendent
Provision (a):
Staff shall be subject to disciplinary sanctions up to and including termination for violating
agency sexual abuse or sexual harassment policies.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA require staff disciplinary sanctions up to
and including termination for violating facility’s sexual abuse or harassment policies. The
policies also mandate the violation be reported to law enforcement and states termination
shall be the presumptive disciplinary sanction for staff who engaged in sexual abuse.
The interview with the Superintendent, who performs personnel duties, confirmed the FOP.
No employees were terminated or disciplined in the past 12 months for violation of the facility’s
sexual abuse or harassment policies.
Provision (b):
Termination shall be the presumptive disciplinary sanction for staff who have engaged in
sexual abuse.
The FOP states that termination shall be the presumptive disciplinary sanction for staff who
has engaged in sexual abuse with a resident as confirmed by the Superintendent.
PREA Audit Report Page 103 of Facility Name – double click to change
83
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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA provides that disciplinary sanctions for
violations of MDRJDC FOP 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.
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.
MDRJDC FOP states all terminations for violations of the facility’s sexual abuse or sexual
harassment policies, or staff resignations related to violations of this policy, shall be reported
to law enforcement, unless the activity is clearly not criminal. In addition, it shall be reported
to relevant licensing bodies.
Conclusion:
Based upon the review of Policy, FOP, and interview, the Auditor has determined the facility
is compliant with this standard regarding disciplinary sanctions for staff.
Standard 115.377: Corrective action for contractors and volunteers
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.377 (a)
▪ Is any contractor or volunteer who engages in sexual abuse prohibited from contact with
residents? ☒ Yes ☐ No
▪ Is any contractor or volunteer who engages in sexual abuse reported to: Law enforcement
agencies (unless the activity was clearly not criminal)? ☒ Yes ☐ No
▪ Is any contractor or volunteer who engages in sexual abuse reported to: Relevant licensing
bodies? ☒ Yes ☐ No
115.377 (b)
▪ In the case of any other violation of agency sexual abuse or sexual harassment policies by a
contractor or volunteer, does the facility take appropriate remedial measures, and consider
PREA Audit Report Page 104 of Facility Name – double click to change
83
whether to prohibit further contact with residents? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Employee Handbook
Interviews:
Volunteer
Superintendent/PREA 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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA require 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):
PREA Audit Report Page 105 of Facility Name – double click to change
83
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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA states the Superintendent will take
appropriate remedial measures and consider whether to prohibit further contact with residents
in the case of any other violation of the sexual abuse and sexual harassment policies by a
contractor or volunteer.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor has
determined the facility is in compliant with this standard regarding corrective action for
contractors and volunteers.
Standard 115.378: Interventions and disciplinary sanctions for residents
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.378 (a)
▪ Following an administrative finding that a resident engaged in resident-on-resident sexual
abuse, or following a criminal finding of guilt for resident-on-resident sexual abuse, may
residents be subject to disciplinary sanctions only pursuant to a formal disciplinary process?
☒ Yes ☐ No
115.378 (b)
▪ Are disciplinary sanctions commensurate with the nature and circumstances of the abuse
committed, the resident’s disciplinary history, and the sanctions imposed for comparable
offenses by other residents with similar histories? ☒ Yes ☐ No
▪ In the event a disciplinary sanction results in the isolation of a resident, does the agency ensure
the resident is not denied daily large-muscle exercise? ☒ Yes ☐ No
▪ In the event a disciplinary sanction results in the isolation of a resident, does the agency ensure
the resident is not denied access to any legally required educational programming or special
education services? ☒ Yes ☐ No
▪ In the event a disciplinary sanction results in the isolation of a resident, does the agency ensure
the resident receives daily visits from a medical or mental health care clinician? ☒ Yes ☐ No
▪ In the event a disciplinary sanction results in the isolation of a resident, does the resident also
have access to other programs and work opportunities to the extent possible? ☒ Yes ☐ No
115.378 (c)
▪ When determining what types of sanction, if any, should be imposed, does the disciplinary
process consider whether a resident’s mental disabilities or mental illness contributed to his
or her behavior? ☒ Yes ☐ No
PREA Audit Report Page 106 of Facility Name – double click to change
83
115.378 (d)
▪ If the facility offers therapy, counseling, or other interventions designed to address and correct
underlying reasons or motivations for the abuse, does the facility consider whether to offer the
offending resident participation in such interventions? ☒ Yes ☐ No
▪ If the agency requires participation in such interventions as a condition of access to any
rewards-based behavior management system or other behavior-based incentives, does it
always refrain from requiring such participation as a condition to accessing general
programming or education? ☒ Yes ☐ No
115.378 (e)
▪ Does the agency discipline a resident for sexual contact with staff only upon a finding that the
staff member did not consent to such contact? ☒ Yes ☐ No
115.378 (f)
▪ For the purpose of disciplinary action does a report of sexual abuse made in good faith based
upon a reasonable belief that the alleged conduct occurred NOT constitute falsely reporting an
incident or lying, even if an investigation does not establish evidence sufficient to substantiate
the allegation? ☒ Yes ☐ No
115.378 (g)
▪ Does the agency always refrain from considering non-coercive sexual activity between residents
to be sexual abuse? (N/A if the agency does not prohibit all sexual activity between residents.)
☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
PREA Audit Report Page 107 of Facility Name – double click to change
83
Document Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Behavior Management Memo
Florida Administrative Rule
Multilingual PREA posters
Interviews:
Superintendent/PREA Manager
Nurse
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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA require an administrative process for
dealing with violations of resident-on-resident sexual abuse. The Superintendent’s interview
confirms the formal disciplinary process however residents may also be referred to law
enforcement for charges regarding resident-on-resident sexual abuse. Sexual activity
between residents is prohibited and court or administrative processes and sanctions occur
after determination the sexual activity was coerced. Residents will be disciplined for sexual
contact with staff only when it has been determined the staff member did not consent to the
sexual contact.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA provide anyone reporting in good faith will
not receive any repercussions. The policies and interview with the mental health staff confirms
counseling or other interventions will be offered to address and correct the underlying reasons
or motivations for abuse when the resident remains in or returns to the facility after a sexual
abuse incident. The interview also revealed any type interventions or treatment services
provided are not as a condition for the resident to access participation in the behavior
management system, education services, or other programs.
The Policy addresses an administrative process for dealing with rule violations and references
the policy that deals with discipline. Sanctions are directly related to the seriousness of the
negative behavior. The interview with the Superintendent revealed the process regarding
allegations of resident-on-resident abuse which can include the resident being removed from
the facility and placed in the detention center during the investigation by law enforcement.
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
PREA Audit Report Page 108 of Facility Name – double click to change
83
health care clinician. Residents shall also have access to other programs and work
opportunities to the extent possible.
MDRJDC Policy provides that disciplinary sanctions are commensurate with the nature and
circumstances of the abuse committed, the resident’s disciplinary history, and the sanctions
imposed for comparable offenses by other residents with similar histories. In the extreme
event a disciplinary sanction results in the isolation of a resident, MDRJDC shall not deny the
resident daily large-muscle exercise or access to any legally required educational
programming or special education services. Policy further provides for daily visits by mental
health and medical personnel. Residents shall also have access to other programs and work
opportunities to the extent possible and receive daily visits from medical and mental health
staff, in accordance with FOP.
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.
The MDRJDC FOP provides that the disciplinary process considers whether a resident’s
mental disabilities or mental illness contributed to his or her behavior when determining what
type of sanction, if any, should be imposed. This was confirmed by the interview with the
Superintendent.
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.
MDRJDC FOP provides the facility considers whether to offer the offending resident therapy,
counseling, or other interventions designed to address and correct underlying reasons or
motivations for the abuse participation. The facility may require participation in such
interventions as a condition of access to privileges, but not as a condition to access to general
programming or education.
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.
MDRJDC 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
PREA Audit Report Page 109 of Facility Name – double click to change
83
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.
The MDRJDC FOP states 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.
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.
The FOP prohibits any sexual conduct between residents. All such conduct is subject to
disciplinary action. Court processes occur after determination the sexual activity was coerced.
Conclusion:
There have been no residents placed in isolation as a disciplinary sanction for sexual abuse
in the past 12 months. Additionally, there have been no administrative or criminal findings of
resident-on-resident sexual abuse in the past 12 months. Based upon the review and analysis
of the available documentation, the Auditor determined the facility is compliant with this
standard regarding interventions and disciplinary sanctions for residents.
MEDICAL AND MENTAL CARE
Standard 115.381: Medical and mental health screenings; history of sexual
abuse
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.381 (a)
▪ If the screening pursuant to § 115.341 indicates that a resident has experienced prior sexual
victimization, whether it occurred in an institutional setting or in the community, do staff ensure
that the resident is offered a follow-up meeting with a medical or mental health practitioner
within 14 days of the intake screening? ☒ Yes ☐ No
115.381 (b)
▪ If the screening pursuant to § 115.341 indicates that a resident has previously perpetrated
sexual abuse, whether it occurred in an institutional setting or in the community, do staff ensure
that the resident is offered a follow-up meeting with a mental health practitioner within 14 days
of the intake screening? ☒ Yes ☐ No
115.381 (c)
PREA Audit Report Page 110 of Facility Name – double click to change
83
▪ Is any information related to sexual victimization or abusiveness that occurred in an institutional
setting strictly limited to medical and mental health practitioners and other staff as necessary to
inform treatment plans and security management decisions, including housing, bed, work,
education, and program assignments, or as otherwise required by Federal, State, or local law?
☒ Yes ☐ No
115.381 (d)
▪ Do medical and mental health practitioners obtain informed consent from residents before
reporting information about prior sexual victimization that did not occur in an institutional setting,
unless the resident is under the age of 18? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documentation Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Youth VSAB Examples
Florida Administrative Rule
Critical Alerts Curriculum
Interviews:
Staff Responsible for Risk Screening
Medical Staff
Mental Health Staff
Provision (a) and (b):
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
PREA Audit Report Page 111 of Facility Name – double click to change
83
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 MDRJDC FOP PREA 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. The policies
verify information related to sexual victimization or abusiveness which occurred in an
institutional setting is limited to those staff where it is based on their need to know to make
the appropriate management and security decisions.
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, in accordance with
policy. The facility utilizes a consent form regarding treatment services for residents 18 years
old and up. The age range of residents admitted to the facility is 9-21 years old. This
information was also confirmed through the interview with the Intake Staff.
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.
The FOP supports that 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. The Auditor observed the resident
files maintained in a secure manner. The files are secured in a locked cabinet behind a locked
door, when the office is unoccupied.
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.
The FOP 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 facility has created
the Informed Consent form to document this type of situation.
PREA Audit Report Page 112 of Facility Name – double click to change
83
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has determined
the facility is compliant with this standard regarding medical and mental health screenings;
and history of sexual abuse.
Standard 115.382: Access to emergency medical and mental health
services
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.382 (a)
▪ Do resident victims of sexual abuse receive timely, unimpeded access to emergency medical
treatment and crisis intervention services, the nature and scope of which are determined by
medical and mental health practitioners according to their professional judgment? ☒ Yes ☐ No
115.382 (b)
▪ If no qualified medical or mental health practitioners are on duty at the time a report of recent
sexual abuse is made, do staff first responders take preliminary steps to protect the victim
pursuant to § 115.362? ☒ Yes ☐ No
▪ Do staff first responders immediately notify the appropriate medical and mental health
practitioners? ☒ Yes ☐ No
115.382 (c)
▪ Are resident victims of sexual abuse offered timely information about and timely access to
emergency contraception and sexually transmitted infections prophylaxis, in accordance with
professionally accepted standards of care, where medically appropriate? ☒ Yes ☐ No
115.382 (d)
▪ Are treatment services provided to the victim without financial cost and regardless of whether
the victim names the abuser or cooperates with any investigation arising out of the incident?
☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
PREA Audit Report Page 113 of Facility Name – double click to change
83
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documentation Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Samples of Acknowledgement of PREA Education
MOU, The Roxy Bolton Center
Medical-Mental Health Contract
Interviews:
Medical Staff
Mental Health Staff
Superintendent
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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA mandate youth victims of sexual abuse
receive timely and unimpeded access to onsite and offsite emergency medical treatment and
crisis intervention services, the nature and scope as determined by the judgement of medical
and mental health professionals. 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. It is documented through policies and understood by the medical and mental
health staff treatment services will be provided at no cost to the victim, whether or not the
victim cooperates with the investigation.
There have been no resident victims of sexual abuse in the past 12 months.
Residents are provided access to an outside victim advocacy agency for services through a
MOU with the Roxy Bolton Center which includes but is not limited to emotional support and
accompaniment through the forensic examination and investigative interviews. The advocate
will go to the facility or the hospital to provide services. Review of medical files shows that
PREA Audit Report Page 114 of Facility Name – double click to change
83
medical and mental health staff members maintain secondary materials and documentation
of resident encounters. There have been no allegations of sexual abuse during this audit
period.
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 FOP and the written coordinated response plan flow chart provide 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. The on-call
medical list has the names of medical staff and their emergency contact number. The full-time
Nurse is generally on-call 24/7 as determined by the interview. 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 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.
The FOP 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.
The FOP states 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. This was also confirmed through staff interviews.
Conclusion:
Facility Policy revealed emergency services will be provided by medical and mental health
staff. The medical and mental health staff interviews revealed they are knowledgeable of
actions to take regarding an incident of sexual abuse. It is documented through FDJJ Policy
1919 PREA and MDRJDC FOP PREA and understood by the medical and mental health staff
PREA Audit Report Page 115 of Facility Name – double click to change
83
that treatment services will be provided at no cost to the victim. Based upon the review and
analysis of the available evidence, the Auditor has determined the facility is compliant with
this standard regarding access to emergency medical and mental health services.
Standard 115.383: Ongoing medical and mental health care for sexual abuse
victims and abusers
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.383 (a)
▪ Does the facility offer medical and mental health evaluation and, as appropriate, treatment to all
residents who have been victimized by sexual abuse in any prison, jail, lockup, or juvenile
facility? ☒ Yes ☐ No
115.383 (b)
▪ Does the evaluation and treatment of such victims include, as appropriate, follow-up services,
treatment plans, and, when necessary, referrals for continued care following their transfer to, or
placement in, other facilities, or their release from custody? ☒ Yes ☐ No
115.383 (c)
▪ Does the facility provide such victims with medical and mental health services consistent with
the community level of care? ☒ Yes ☐ No
115.383 (d)
▪ Are resident victims of sexually abusive vaginal penetration while incarcerated offered
pregnancy tests? (N/A if all-male facility.) ☒ Yes ☐ No ☐ NA
115.383 (e)
▪ If pregnancy results from the conduct described in paragraph § 115.383(d), do such victims
receive timely and comprehensive information about and timely access to all lawful pregnancy-
related medical services? (N/A if all-male facility.) ☒ Yes ☐ No ☐ NA
115.383 (f)
▪ Are resident victims of sexual abuse while incarcerated offered tests for sexually transmitted
infections as medically appropriate? ☒ Yes ☐ No
115.383 (g)
▪ Are treatment services provided to the victim without financial cost and regardless of whether
the victim names the abuser or cooperates with any investigation arising out of the incident?
☒ Yes ☐ No
115.383 (h)
PREA Audit Report Page 116 of Facility Name – double click to change
83
▪ Does the facility attempt to conduct a mental health evaluation of all known resident-on-resident
abusers within 60 days of learning of such abuse history and offer treatment when deemed
appropriate by mental health practitioners? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Vulnerability Assessment: Risk of Victimization and/or Sexual Aggressiveness
Florida Administrative Rule
Medical-Mental Health Contract
Interviews:
Medical Staff
Mental Health Staff
Superintendent
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.
MDRJDC FOP PREA requires mental health evaluation and treatment, as determined by
medical/mental health staff, be offered to residents who disclose prior sexual victimization or
perpetrated sexual abuse during intake screening. Treatment services are provided at no cost
to residents.
There have been no sexual assault victims in the past 12 months; however, if needed,
procedures are in place as verified during staff interviews.
PREA Audit Report Page 117 of Facility Name – double click to change
83
The FOP requires that a medical and mental health evaluation and treatment be offered to
resident victims of sexual abuse. According to the interviews, medical and mental health staff
members are aware of the FOP mandates. The FOP and interviews support medical and
mental health evaluations and treatment will be offered to all residents who have been
victimized by sexual abuse. Interviews with the clinical staff and observations confirmed on-
going medical and mental health care will be provided as appropriate, including assessments
and therapy.
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 but not limited to additional testing
and medical services; medication management, if prescribed; individual counseling; trauma
group; and referrals as needed. The FOP states that follow-up services will be provided.
Provision (c):
The facility shall provide such victims with medical and mental health services consistent with
the community level of care.
Provision (d):
Resident victims of sexually abusive vaginal penetration while incarcerated shall be offered
pregnancy tests.
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.
FOP, staff interviews, and observations revealed medical and mental health services are
consistent with the community level of care.
Provision (f):
Resident victims of sexual abuse while incarcerated shall be offered tests for sexually
transmitted infections as medically appropriate.
The Policy and interviews ensure that victims of sexual abuse will be provided tests for
sexually transmitted infections as medically appropriate. Testing would be done at the Roxy
Bolton Center and follow-up services may be done at the facility, as needed.
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
PREA Audit Report Page 118 of Facility Name – double click to change
83
incident.
All treatment services will be provided at no cost to the victim, according to FOP 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.
Facility Policy provides for attempts 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. Services will include but not be limited to
individual, group and family counseling. Additionally, an evaluation or reassessment will be
administered utilizing the Vulnerability Assessment.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor has determined the
facility is compliant with this standard regarding ongoing medical and mental health care for
sexual abuse victims and abusers.
DATA COLLECTION AND REVIEW
Standard 115.386: Sexual abuse incident reviews
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.386 (a)
▪ Does the facility conduct a sexual abuse incident review at the conclusion of every sexual abuse
investigation, including where the allegation has not been substantiated, unless the allegation
has been determined to be unfounded? ☒ Yes ☐ No
115.386 (b)
▪ Does such review ordinarily occur within 30 days of the conclusion of the investigation?
☒ Yes ☐ No
115.386 (c)
▪ Does the review team include upper-level management officials, with input from line
supervisors, investigators, and medical or mental health practitioners? ☒ Yes ☐ No
115.386 (d)
▪ Does the review team: Consider whether the allegation or investigation indicates a need to
change policy or practice to better prevent, detect, or respond to sexual abuse? ☒ Yes ☐ No
PREA Audit Report Page 119 of Facility Name – double click to change
83
▪ Does the review team: Consider whether the incident or allegation was motivated by race;
ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or
perceived status; gang affiliation; or other group dynamics at the facility? ☒ Yes ☐ No
▪ Does the review team: Examine the area in the facility where the incident allegedly occurred to
assess whether physical barriers in the area may enable abuse? ☒ Yes ☐ No
▪ Does the review team: Assess the adequacy of staffing levels in that area during different
shifts? ☒ Yes ☐ No
▪ Does the review team: Assess whether monitoring technology should be deployed or
augmented to supplement supervision by staff? ☒ Yes ☐ No
▪ Does the review team: Prepare a report of its findings, including but not necessarily limited to
determinations made pursuant to §§ 115.386(d)(1) - (d)(5), and any recommendations for
improvement and submit such report to the facility head and PREA compliance manager?
☒ Yes ☐ No
115.386 (e)
▪ Does the facility implement the recommendations for improvement, or document its reasons for
not doing so? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
PREA Audit Report Page 120 of Facility Name – double click to change
83
Superintendent
Incident Review Team Member
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.
FDJJ Policy 1919 PREA and MDRJDC FOP PREA require an incident review team meeting
within 30 days of the conclusion of each investigation. The policy mandates review team
participation to include the agency-wide PREA Coordinator, the facility’s PREA Compliance
Manager, regional office staff, Assistant Superintendent, facility supervisor, medical and
mental health staff. The FDJJ’s PREA Coordinator will prepare a report of the review team’s
findings and submit the report to the Assistant Secretary for Detention Services, regional office
staff and the facility’s Superintendent.
The interview with the Superintendent/PREA Compliance Manager and a review of the form
used to document the incident review team’s findings indicate the team: consider whether the
allegation or investigation indicates a need to change policy or practice to better prevent,
detect, or respond to sexual abuse considers whether the incident or allegation was motivated
by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex
identification, status, or perceived status; gang affiliation; or other group dynamics at the
facility; examine the area in the facility where the incident allegedly occurred to assess
whether physical barriers in the area may enable abuse; assess the adequacy of staffing
levels in that area during different shifts; assess whether monitoring technology should be
deployed or augmented to supplement supervision by staff.
Provision (b):
Such review shall ordinarily occur within 30 days of the conclusion of the investigation.
The FOP requires that the reviews occur within 30 days of the conclusion of the investigation.
Although there has not been an allegation of sexual abuse, the Superintendent/PREA
Compliance Manager confirmed incident reviews would occur within 30 days of the conclusion
of an investigation in accordance with facility FOP and the standard.
Provision (c):
The review team shall include upper-level management officials, with input from line
supervisors, investigators, and medical or mental health practitioners.
The FOP identifies the incident review team members as administrators with input from line
supervisors, investigators, medical staff, and Counselors. The investigators from the Miami
Dade Police Department would be invited to the meeting. The interview with the
Superintendent confirmed the FOP requirements.
Provision (d):
The review team shall:
PREA Audit Report Page 121 of Facility Name – double click to change
83
(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.
Provision (e):
The facility shall implement the recommendations for improvement or shall document its
reasons for not doing so.
The Policy outlines the requirements of the standard for the areas to be assessed by the
incident review team. The interview with the Superintendent, review of FOP and
documentation method confirmed the incident review team is charged with considering the
factors identified in this standard provision regarding the results of the investigation, including:
considering the make-up and vulnerability of the population such as gang affiliation; whether
the resident identifies as gay, bisexual, transgender, or intersex; other group dynamics;
assessment of the area relative to the allegations; and adequacy of staffing.
The FOP requires the meeting to be documented, including recommendations and the
document provided to the Superintendent. The interview with the Captain/Incident Review
Team Member confirmed the facility would prepare a report of its findings and any
recommendations for improvement when conducting a sexual abuse incident review. She
confirmed the team would consider all factors required by the standard. A sexual abuse
incident review has not been conducted during this audit period. There were no allegations of
sexual abuse in the past 12 months.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor has
determined the facility is compliant with this standard regarding sexual abuse incident reviews.
Standard 115.387: Data collection
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.387 (a)
PREA Audit Report Page 122 of Facility Name – double click to change
83
▪ Does the agency collect accurate, uniform data for every allegation of sexual abuse at facilities
under its direct control using a standardized instrument and set of definitions? ☒ Yes ☐ No
115.387 (b)
▪ Does the agency aggregate the incident-based sexual abuse data at least annually?
☒ Yes ☐ No
115.387 (c)
▪ Does the incident-based data include, at a minimum, the data necessary to answer all questions
from the most recent version of the Survey of Sexual Violence conducted by the Department of
Justice? ☒ Yes ☐ No
115.387 (d)
▪ Does the agency maintain, review, and collect data as needed from all available incident-based
documents, including reports, investigation files, and sexual abuse incident reviews?
☒ Yes ☐ No
115.387 (e)
▪ Does the agency also obtain incident-based and aggregated data from every private facility with
which it contracts for the confinement of its residents? (N/A if agency does not contract for the
confinement of its residents.) ☒ Yes ☐ No ☐ NA
115.387 (f)
▪ Does the agency, upon request, provide all such data from the previous calendar year to the
Department of Justice no later than June 30? (N/A if DOJ has not requested agency data.)
☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
PREA Audit Report Page 123 of Facility Name – double click to change
83
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
PREA Data (Annual Report)
CCC Uniform Definitions
Interview:
Superintendent/PREA Compliance Manager
Provisions (a) & (c):
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. 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.
FDJJ has developed a standardized instrument with definitions to collect accurate, uniform
data for every allegation of sexual assault. The instrument includes the data necessary to
answer all questions from the most recent version of the Survey of Sexual violence conducted
by the Department of Justice. FDJJ Policy 1919 PREA requires CCC to collect all data relating
to PREA. FDJJ Policy 1919 requires the collection of data though the CCC for every allegation
of sexual misconduct which occurs in its state-operated detention centers and its contracted
residential facilities. FDJJ’s website includes annual data collected for fiscal years 2013-2014,
2014-2015, 2015-2016,2016-2017, and 2017-2018.
Provision (b):
The agency shall aggregate the incident-based sexual abuse data at least annually.
The FOP and review of the annual report and data gathering instrument and other documents
confirm the facility collects incident-based, uniform data regarding allegations of sexual abuse
and sexual harassment. A standardized instrument and specific guidelines and definitions 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 facility maintains and collects various types of identified data and related documents
regarding PREA. The facility collects and maintains data in accordance with Policy directives
and FDJJ and aggregates the data which culminates into an annual report.
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.
PREA Audit Report Page 124 of Facility Name – double click to change
83
MDRJDC 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.
The FOP states that upon request, MDRJDC shall 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 has determined the
facility is compliant with this standard regarding data collection.
Standard 115.388: Data review for corrective action
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.388 (a)
▪ Does the agency review data collected and aggregated pursuant to § 115.387 in order to
assess and improve the effectiveness of its sexual abuse prevention, detection, and response
policies, practices, and training, including by: Identifying problem areas? ☒ Yes ☐ No
▪ Does the agency review data collected and aggregated pursuant to § 115.387 in order to
assess and improve the effectiveness of its sexual abuse prevention, detection, and response
policies, practices, and training, including by: Taking corrective action on an ongoing basis?
☒ Yes ☐ No
▪ Does the agency review data collected and aggregated pursuant to § 115.387 in order to
assess and improve the effectiveness of its sexual abuse prevention, detection, and response
policies, practices, and training, including by: Preparing an annual report of its findings and
corrective actions for each facility, as well as the agency as a whole? ☒ Yes ☐ No
115.388 (b)
▪ Does the agency’s annual report include a comparison of the current year’s data and corrective
actions with those from prior years and provide an assessment of the agency’s progress in
addressing sexual abuse ☒ Yes ☐ No
115.388 (c)
▪ Is the agency’s annual report approved by the agency head and made readily available to the
public through its website or, if it does not have one, through other means? ☒ Yes ☐ No
115.388 (d)
PREA Audit Report Page 125 of Facility Name – double click to change
83
▪ Does the agency indicate the nature of the material redacted where it redacts specific material
from the reports when publication would present a clear and specific threat to the safety and
security of a facility? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Annual Report
Interviews:
Superintendent/PREA Compliance Manager
FDJJ 1919 and the MDRJDC FOP PREA address this standard. The statewide PREA
Coordinator will review the collected and aggregated data to assess and improve the
effectiveness of the PREA related efforts and initiatives. The Policy also states that an annual
report will be prepared. A review of documentation confirms this practice.
The annual report is approved as required by Policy, per the interviews and a review of the
report was conducted by the Auditor. The annual report reflects a comparison of the results
of annual data, by calendar year. The annual report has been reviewed and the report is
accessible to the public through the facility’s website. There are no personal identifiers on the
annual report.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor has determined the
facility is compliant with this standard regarding data review for corrective action.
Standard 115.389: Data storage, publication, and destruction
PREA Audit Report Page 126 of Facility Name – double click to change
83
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.389 (a)
▪ Does the agency ensure that data collected pursuant to § 115.387 are securely retained?
☒ Yes ☐ No
115.389 (b)
▪ Does the agency make all aggregated sexual abuse data, from facilities under its direct control
and private facilities with which it contracts, readily available to the public at least annually
through its website or, if it does not have one, through other means? ☒ Yes ☐ No
115.389 (c)
▪ Does the agency remove all personal identifiers before making aggregated sexual abuse data
publicly available? ☒ Yes ☐ No
115.389 (d)
▪ Does the agency maintain sexual abuse data collected pursuant to § 115.387 for at least 10
years after the date of the initial collection, unless Federal, State, or local law requires
otherwise? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Annual Report
Interviews:
Superintendent/PREA Compliance Manager
PREA Audit Report Page 127 of Facility Name – double click to change
83
FDJJ Policy 1919 PREA requires the collection of data though the CCC for every allegation
of sexual misconduct which occurs in its state-operated detention centers and its contracted
residential facilities. All collected data is maintained for a ten-year period as required by the
State of Florida’s records and retention schedule. According to the FOP, the aggregated
sexual abuse data will be readily available to the public through the agency’s website; the
practice is that the report is posted on the agency’s website. A review of the annual report
verified there are no personal identifiers and it was observed posted on the website, as
required. Related documentation in the facility was observed to be securely stored.
Conclusion:
Based upon the review and analysis of the documentation, interviews and observations, the
Auditor has determined the facility is compliant with this standard regarding data storage,
publication, and destruction.
AUDITING AND CORRECTIVE ACTION
Standard 115.401: Frequency and scope of audits
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.401 (a)
▪ During the three-year period starting on August 20, 2013, and during each three-year period
thereafter, did the agency ensure that each facility operated by the agency, or by a private
organization on behalf of the agency, was audited at least once? (N/A before August 20, 2016.)
☒ Yes ☐ No ☐ NA
115.401 (b)
▪ During each one-year period starting on August 20, 2013, did the agency ensure that at least
one-third of each facility type operated by the agency, or by a private organization on behalf of
the agency, was audited? ☒ Yes ☐ No
115.401 (h)
▪ Did the auditor have access to, and the ability to observe, all areas of the audited facility?
☒ Yes ☐ No
115.401 (i)
▪ Was the auditor permitted to request and receive copies of any relevant documents (including
electronically stored information)? ☒ Yes ☐ No
115.401 (m)
▪ Was the auditor permitted to conduct private interviews with inmates, residents, and detainees?
☒ Yes ☐ No
PREA Audit Report Page 128 of Facility Name – double click to change
83
115.401 (n)
▪ Were residents permitted to send confidential information or correspondence to the auditor in
the same manner as if they were communicating with legal counsel? ☒ Yes ☐ No
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
Since August 20, 2013, FDJJ has ensured one-third of all operated detention centers and all
contracted residential facilities have been audited as evidenced by the Final Audit reports
provided on the Agency’s website.
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 upon request.
The facility made space available for private staff and resident interviews. Residents were
provided information on the “Notice of the Auditor’s Onsite Visit” regarding how to send
confidential information to the Auditor. No correspondence was received by the Auditor.
Standard 115.403: Audit contents and findings
All Yes/No Questions Must Be Answered by the Auditor to Complete the Report
115.403 (f)
▪ The agency has published on its agency website, if it has one, or has otherwise made publicly
available, all Final Audit Reports within 90 days of issuance by auditor. The review period is for
prior audits completed during the past three years PRECEDING THIS AGENCY AUDIT. In the
case of single facility agencies, the auditor shall ensure that the facility’s last audit report was
published. 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 that there has never been a
PREA Audit Report Page 129 of Facility Name – double click to change
83
Final Audit Report issued.) ☒ Yes ☐ No ☐ NA
Auditor Overall Compliance Determination
☐
Exceeds Standard (Substantially exceeds requirement of standards)
☒
Meets Standard (Substantial compliance; complies in all material ways with the
standard for the relevant review period)
☐
Does Not Meet Standard (Requires Corrective Action)
Instructions for Overall Compliance Determination Narrative
The narrative below must include a comprehensive discussion of all the evidence relied upon in making the
compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s
conclusions. This discussion must also include corrective action recommendations where the facility does
not meet the standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
MDRJDC meets the requirements of this standard based upon the following evidence:
A review of the FDJJ’s website revealed PREA Audit Reports dating back to 2014 through 2018 for
detention centers operated by FDJJ and residential facilities contracted by FDJJ are posted and can
be downloaded.
This facility was previously audited August 7, 2015 and the Auditor confirmed the audit report was
posted on the agency’s website as is the practice with the facility. This report does 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
and procedures and supporting documentation; interviews with staff, residents, a volunteer; and
observations.
PREA Audit Report Page 130 of Facility Name – double click to change
83
AUDITOR CERTIFICATION
I certify that:
☒ The contents of this report are accurate to the best of my knowledge.
☒ No conflict of interest exists with respect to my ability to conduct an audit of the
agency under review, and
☒ I have not included in the final report any personally identifiable information (PII)
about any resident or staff member, except where the names of administrative
personnel are specifically requested in the report template.
Auditor Instructions:
Type your full name in the text box below for Auditor Signature. This will function as your official
electronic signature. Auditors must deliver their final report to the PREA Resource Center as a
searchable PDF format to ensure accessibility to people with disabilities. Save this report document
into a PDF format prior to submission.1 Auditors are not permitted to submit audit reports that have
been scanned.2 See the PREA Auditor Handbook for a full discussion of audit report formatting
requirements.
Cheryl M. Anderson September 27, 2018
Auditor Signature Date
1 See additional instructions here: https://support.office.com/en-us/article/Save-or-convert-to-PDF-d85416c5-7d77-4fd6-
a216-6f4bf7c7c110 .
2 See PREA Auditor Handbook, Version 1.0, August 2017; Pages 68-69.
PREA Audit Report Page 131 of Facility Name – double click to change
83

program_name_raw: miami dade rjdc

cycle: Year 2 Cycle 2