Presentation on theme: ": This project is supported by Award No. 2006-RP-BX-K001, awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of."— Presentation transcript:
: This project is supported by Award No. 2006-RP-BX-K001, awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view in this document are those of the author and do not necessarily represent the official policies of the U.S. Department of Justice. A Training Program by the American Probation & Parole Association through funding from the Bureau of Justice Assistance, U.S. Department of Justice
DEFINING THE ISSUE & UNDERSTANDING THE PRISON RAPE ELIMINATION ACT MODULE ONE
OBJECTIVES Describe the Purpose & Implications of PREA Define Prohibited Behaviors List a Variety of Benefits of PREA Discuss Myths & Realities about Prison Rape MODULE ONE
THE PRISON RAPE ELIMINATION ACT PREA passed unanimously by Congress in 2003.
PURPOSES OF PREA ZERO TOLERANCE NATIONAL STANDARDS COLLECT DATA ACCOUNTABILITY
WHO IS COVERED BY PREA? Federal, State and Local Jails Prisons Lock-ups Temporary holding Juvenile facilities Community corrections facilities
WHY NOW? EVENTS OVER PAST 30 YEARS – Civil rights acts – National attention – Key court cases – Significant reports
NATIONAL STANDARDS Support national effort to eliminate sexual abuse in custody Eliminate inconsistent efforts within corrections Maintain credible data about incidents
IMPACT OF STANDARDS No criminal penalty in the actual law Reduction of federal funds if noncompliant Increased civil liability Increased accountability to prevent and address abuse Review policies and procedures
MY WORDS, YOUR WORDS – ARE WE ON THE SAME PAGE? CLASS EXCERCISE
CLASS DISCUSSION In your own words, define: Sexual Abuse Sexual Harassment Staff Sexual Misconduct
DEFINITIONS Important to define prohibited behaviors – Be specific – Everyone understands – Data collection purposes See Appendix for examples of what is being used now
CLASS EXCERCISE WHY DO I CARE? WHAT ARE THE BENEFITS?
BENEFITS OF PREA Safer work environment High level of professionalism Safety and security in facility Integrity and respect Reduces embarrassment Reduces liability Public safety Public health
MYTH 1 “We have no reports of this kind, so we don’t have a problem.” AND THE REALITY………………
MYTH 2 “Our jail is small, so this kind of activity does not occur.” AND THE REALITY………………
MYTH 3 “Inmates consent to these relationships with staff.” AND THE REALITY………………
MYTH 4 “ Inmates are inmates, and they will act like inmates not matter what.” AND THE REALITY………………
MYTH 5 “Employees are clear about their professional boundaries.” AND THE REALITY………………
MYTH 6 “It is the rookie employee who is most likely to get involved withmisconduct.” AND THE REALITY………………
“The real victims of staff sexual misconduct are the employees who are manipulated by the inmates.” AND THE REALITY……………… MYTH 7
MYTH 8 “Activities between inmates, including sexual behavior, is part of what happens normally in jail. Inmates should expect it.” AND THE REALITY………………
DYNAMICS OF SEXUAL ABUSE, VIOLENCE AND MISCONDUCT IN CUSTODIAL FACILITIES MODULE TWO
Describe why people get involved Identify risk factors Identify the impact of victimization Identify RED FLAGS Demonstrate skills to protect oneself from manipulation Discuss agency culture Discuss ethics and boundaries MODULE TWO OBJECTIVES
INMATE CHARACTERISTICS WHAT MAKES THEM MORE LIKELY TO PARTICIPATE IN THIS BEHAVIOR?
MENTAL HEALTH 64% in jails have mental health problems More mentally ill persons in jails and prisons than hospitals
HISTORY OF PRIOR ABUSE Inmates with history or prior sexual victimization are 6 times more likely to be victimized or display predatory behavior
TRIBAL STATISTICS 1.2 percent of those incarcerated in state and federal facilities are American Indian (but only 1 percent of total USA population) 40 percent in tribal jails are violent offenders Victimization rate in Indian Country DOUBLE that of US citizens 1 in 3 women will be raped
THE CYCLE OF VIOLENCE Vulnerability and Predatory Behavior
INMATE SEXUAL ABUSE Higher likelihood of victimization if: white or multi-racial, compared to black; college degree or higher, compared to high school or less; gender preference other than heterosexual; a history of prior sexual abuse.
STAFF WITH INMATES More likely: among white inmates compared to black inmates; among inmates age 25 or older, among inmates with college degrees; among inmates with a history or prior sexual abuse; Most victims were male, and most perpetrators were female.
HISTORY OF TRAUMA (abuse or mental illness) Less equipped to handle stress Pessimistic view of world More at risk for further victimization Less able to distinguish unhealthy and exploitative relationships PTSD Lie to protect their abusers More manipulative
CLASS EXCERCISE NOW WHAT DO I DO WITH THIS INFORMATION?
CLASS EXCERCISE CODE OF SILENCE – WHY INMATES AND STAFF DON’T REPORT
MANIPULATIVE INMATES Fact of life Inmates find ways to gain control over something – and you are generally the target Fight or flight –a natural response to incarceration A way to get something they want
PROTECTING OURSELVES AGAINST MANIPULATION Best Defense………. Know the rules & follow them Recognize manipulative attempts Be professional at ALL times Maintain clear professional boundaries Be respectful, but firm
CLASS EXCERCISE Protecting Myself from Manipulation – How does my Response Control the Outcome?
AGENCY CULTURE The total of the attitudes, behaviors, beliefs, traditions and practices of present and past employees. Determines what is acceptable and unacceptable behavior in the workplace.
CULTURE IMPACTS SEXUAL ABUSE IN FACILITY Lack of respect = inappropriateness Lack of trust = silence and secrets Lack of respect for inmate rights = failure to protect human rights Lack of training = unprofessionalism Lack of dialogue about the issue = misunderstanding & ignorance
ETHICS Principles of right or good conduct Moral principles and values Rules or standards governing professional conduct
WHY DO WE CARE ABOUT ETHICS? We want to do the right thing Ethical behavior is good for business Unethical behavior has consequences Lack of ethics causes chaos and danger
ETHICAL DECISION MAKING 1.Define the issue 2.Gather information 3.Pros and cons? 4.Agency mission? 5.Rules and regulations? 6.Consequences? 7.Live with your decision?
QUESTIONS TO ASK YOURSELF ? Would I get permission? ? Is it legal? ? Would co-workers approve? ? Would superiors approve? ? Would family approve? ? Does it reflect my moral beliefs?
CLASS EXCERCISE Is it Ethical? Case Studies in Decision Making
OBJECTIVES Describe unique nature of sexual abuse investigations List First Responder duties Identify Rights and Responsibilities while under investigation Discuss legal concerns and consequences MODULE THREE
INVESTIGATIONS CRITICAL TO PREVENTION Competent investigations build trust in the process Competent investigators find the truth Fair and consistent sanctions build professionalism Competent investigations are a deterrent to sexual abuse
UNIQUE NATURE OF SEXUAL ABUSE INVESTIGATIONS Mental and physical state of victim Sensitive and personal issue Safety for victims is at risk Victims responds differently Embarrassment Complicated physical evidence Special training needed Medical & mental health needs
FIRST RESPONDERS What we need to do………. and NOT do!
#1 - RENDER AID Physical condition Mental state Victims are in shock Use a gentle manner with victim Be aware of how differently victims may respond and act
#2 - PRESERVE SAFETY AND SECURITY Relocate the inmate? Relocate employee, if accused? Check emergency response procedures
# 3 - PRESERVE EVIDENCE Could evidence be present? Let no one unauthorized near the scene or evidence Victim - No washing of person or clothes, depending on time frame Don’t interview without permission from investigator Document everything – statements, comments, potential witnesses
# 4 - MAKE APPROPRIATE NOTIFICATIONS Follow procedures Notify supervisor, etc. Know the policy for who to notify Assure that investigators are notified Maintain confidentiality – don’t talk to anyone except those authorized
# 5 - ASSIST INVESTIGATORS Provide all information you have when they arrive Don’t interfere or interrupt the investigation Take notes Offer assistance when asked
# 6 - DOCUMENT EVERYTHING What you saw What you heard What you did as first responder Names of those present Names of potential witnesses, suspects
# 7 - BE OBSERVANT Duties don’t end when investigator arrives Be observant for activity and comments as time goes by Observe to protect victim Observe to protect against retaliatory acts
# 8 - BE PREPARED Know policy and procedure Know your responsibilities Be familiar with dynamics of victimization Know what is going on around you at all times Do you own research about First Responding
CLASS EXCERCISE What do I do now? Real events for First Responders
CLASS EXCERCISE The Path of an Investigation – Do I Know What Happens?
MY RIGHTS AND PROTECTIONS To be notified During questioning – – Miranda – right against self-incrimination (criminal invest.) – Garrity – compelled statements (administrative invest.) Time frames Due process – right to hearing Outcome – notification & appeal rights
MY RESPONSIBILITIES Maintain confidentiality Stop talking about it Cooperate Truthfulness
INMATE RIGHTS & PROTECTIONS Indian Civil Rights Act – Civil suits in Indian Country have been limited – Can be handled in Federal torts court – Protects them from abuse in custody – “cruel and unusual punishment” – Right to due process – a hearing
LEGAL CONSEQUENCES FOR STAFF SEXUAL MISCONDUCT PREA Standards increase accountability and potential liability Criminal prosecution for employees and inmates – Tribal Codes and Laws – Major Crimes Act – some tribes – General Crimes Act – non-Indian perp. – PL280 – some state laws
OBJECTIVES MODULE FOUR List 2-3 PREA Standards Describe Impact on Policy and Procedure Discuss requirements for National Data Collection participation
WHAT ARE THE STANDARDS? 41 STANDARDS intended to: Provide guidelines Demonstrate best practices Achieve consistent level of competency and professionalism
HOW WERE STANDARDS DEVELOPED? By a National Commission Set of hearings with corrections and law enforcement, tribal representatives, victims and advocates Draft standards to the U.S. Attorney General Currently in final process.
PREA DATA COLLECTION Annually to BJS Information on all reported incidents Based on definitions of behaviors Creates national data base
CLASS DISCUSSION SELECTED STANDARDS FOR DISCUSSION
115.33 (TR3) INMATE EDUCATION During intake process More comprehensive after 30 days Inmates advised of: – Right to be free from abuse – Right to be free from retaliation – How to report – Agency policy
115.41 (SC1) SCREENING INMATES FOR RISK Inmates screened at intake and subsequent reviews to determine risk Screened for risk factors listed in standard Agency uses standard forms for screening
115.14 LIMITS TO CROSS-GENDER VIEWING AND SEARCHES Cross-gender strip search only in emergency or by medical Only medical to search to determine genital status Train all staff to perform proper cross- gender and transgender pat-downs.