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Prison Rape Elimination Act Staff Development Emergency Operations.

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Presentation on theme: "Prison Rape Elimination Act Staff Development Emergency Operations."— Presentation transcript:

1 Prison Rape Elimination Act Staff Development Emergency Operations

2 2 Performance Objectives Identify 6 costs to society incurred as a result of sexual assaults inside prison Identify 6 costs to society incurred as a result of sexual assaults inside prison Identify the purposes of the Prison Rape Elimination Act (PREA) Identify the purposes of the Prison Rape Elimination Act (PREA)

3 3 Performance Objectives Identify 5 benefits of reducing the number of sexual assaults in prison Identify 5 benefits of reducing the number of sexual assaults in prison Understand the goals and objectives of the Sexual Assault Response Team (SART) Understand the goals and objectives of the Sexual Assault Response Team (SART)

4 4 ACA Standards Revise intake screening requirements to identify potential victims or potential predators Revise intake screening requirements to identify potential victims or potential predators Require that an investigation be conducted and documented whenever an assault or threat of assault is reported Require that an investigation be conducted and documented whenever an assault or threat of assault is reported

5 5 ACA Standards Require that offenders with history of sexually assaultive behavior are assessed by mental health or other qualified professionals Require that offenders with history of sexually assaultive behavior are assessed by mental health or other qualified professionals Those with a history of sexual assaultive behavior are identified, monitored and counseled Those with a history of sexual assaultive behavior are identified, monitored and counseled Require offenders at risk for victimization be identified, monitored and counseled Require offenders at risk for victimization be identified, monitored and counseled

6 6 PREA Calls For The gathering of national statistics about the problem The gathering of national statistics about the problem The development of guidelines for states about how to address sexual assaults/violence The development of guidelines for states about how to address sexual assaults/violence

7 7 PREA Calls For The creation of a review panel to hold annual hearings The creation of a review panel to hold annual hearings The provision of grants to states to combat the problem The provision of grants to states to combat the problem

8 8 Costs To Society Increased costs to administer prison systems Increased costs to administer prison systems Levels of violence go up Levels of violence go up Health care expenditures are increased (AIDS, injuries, etc.) Health care expenditures are increased (AIDS, injuries, etc.) Mental health care expenditures are increased (PTSD) Mental health care expenditures are increased (PTSD) Risks of recidivism (The cycle of crime continues) Risks of recidivism (The cycle of crime continues) Interracial tensions increase (when the victim and perpetrator are of different races) Interracial tensions increase (when the victim and perpetrator are of different races)

9 9 PREA Recommendations Zero tolerance Zero tolerance Elimination of sexual assault – top priority Elimination of sexual assault – top priority Detection, prevention, reduction, punishment Detection, prevention, reduction, punishment Increase data Increase data Standardize definitions Standardize definitions Increase accountability of prison officials Increase accountability of prison officials Increase efficiency and effectiveness of federal expenditures Increase efficiency and effectiveness of federal expenditures Reduce the costs that sexual assaults in prison imposes Reduce the costs that sexual assaults in prison imposes

10 10 IDOC Policy and Procedure Includes zero tolerance for all forms of sexual conduct between offenders and staff, volunteers, contractors, visitors or other offenders. Includes zero tolerance for all forms of sexual conduct between offenders and staff, volunteers, contractors, visitors or other offenders. Sexual conduct includes: abusive sexual contact against another offender, staff, contractor, visitor or volunteer; nonconsensual sexual act against another offender, staff, contractor, visitor or volunteer; staff/contractor/volunteer/ visitor sexual harassment; and staff/contractor/volunteer/ visitor sexual misconduct. Sexual conduct includes: abusive sexual contact against another offender, staff, contractor, visitor or volunteer; nonconsensual sexual act against another offender, staff, contractor, visitor or volunteer; staff/contractor/volunteer/ visitor sexual harassment; and staff/contractor/volunteer/ visitor sexual misconduct. Defines sexual assault. Defines sexual assault. Prohibits inappropriate contact with offenders: Policy Prohibits inappropriate contact with offenders: Policy

11 11 IDOC Policy and Procedure Refers to Indiana Code that criminalizes sexual contact between staff and offenders. Refers to Indiana Code that criminalizes sexual contact between staff and offenders. Policy establishes procedures for sexual assault prevention and reporting. Policy establishes procedures for sexual assault prevention and reporting. Policy establishes procedures for child abuse and neglect reporting. Policy establishes procedures for child abuse and neglect reporting.

12 12 IDOC Policy and Procedure Issues an educational brochure to offenders and to staff. Issues an educational brochure to offenders and to staff. Has concrete procedures for identifying inappropriate Has concrete procedures for identifying inappropriate sexual behavior, including nonconsensual sexual acts, sexual behavior, including nonconsensual sexual acts, abusive sexual contact, sexual misconduct, sexual abusive sexual contact, sexual misconduct, sexual harassment, and actions to take when such behavior harassment, and actions to take when such behavior is identified. is identified. Although the IDOC does not condone consensual sexual acts between offenders, the IDOC recognizes and reports consensual sexual acts between offenders. Although the IDOC does not condone consensual sexual acts between offenders, the IDOC recognizes and reports consensual sexual acts between offenders.

13 13 Sexual Assault Response Team (SART) Each Facility Head shall establish a Sexual Assault Response Team (SART). A SART provides a coordinated, efficient and supportive response to victims of sexual assaults. The members of the SART will provide a full range of comprehensive services to sexual assault victims who have made the decision to report a sexual assault. Persons assigned to the facilitys SART shall receive specialized training in providing comprehensive services to victims of sexual assaults.

14 14 Goals and Objectives of SART Meet the needs of the victim with crisis intervention Meet the needs of the victim with crisis intervention and support services. and support services. Provide a comprehensive forensic examination Provide a comprehensive forensic examination for abuse victims. for abuse victims. Provide a joint, effective, sensitive approach to victims of Provide a joint, effective, sensitive approach to victims of sexual assaults. sexual assaults. Document and preserve forensic evidence for potential Document and preserve forensic evidence for potential prosecution. prosecution. Conduct investigations of the crime from notification Conduct investigations of the crime from notification through prosecution. through prosecution.

15 15 SART Members and Responsibilities Staff designated as First Responders Staff designated as First Responders Internal Affairs Investigators Internal Affairs Investigators Sexual Assault Nurse Examiners (SANE) Sexual Assault Nurse Examiners (SANE) Victim Advocates Victim Advocates Local Prosecutors Local Prosecutors

16 16 Offender Intake into Department Assess offenders within 24 hours of Assess offenders within 24 hours of admission to Departments intake unit admission to Departments intake unit Assessment includes Sexual Assessment includes Sexual Violence Assessment Tool (SVAT) Violence Assessment Tool (SVAT)

17 17 Housing Facility Assessment When transferred from intake or another facility, receiving facility determines if offender has been assessed according to administrative procedures When transferred from intake or another facility, receiving facility determines if offender has been assessed according to administrative procedures If offender hasnt been assessed in the past 12 months, staff ensure an assessment is conducted If offender hasnt been assessed in the past 12 months, staff ensure an assessment is conducted

18 18 Housing Facility Assessment Assessment includes: A review of offenders record A review of offenders record Application of Sexual Violence Assessment Tool (SVAT) Application of Sexual Violence Assessment Tool (SVAT) An interview, if necessary, to determine whether offender is a likely PREA predator or a likely PREA victim An interview, if necessary, to determine whether offender is a likely PREA predator or a likely PREA victim

19 19 Housing Facility Assessment Offenders identified as likely PREA Offenders identified as likely PREA predators may be housed in Administrative Segregation predators may be housed in Administrative Segregation Offenders identified as likely PREA Offenders identified as likely PREA predators shall not be housed in the predators shall not be housed in the same cell or in a bed adjacent to same cell or in a bed adjacent to offenders who are identified as likely offenders who are identified as likely PREA victims PREA victims

20 20 Housing Facility Assessment Offenders identified as likely PREA victims may be housed in Protective Offenders identified as likely PREA victims may be housed in Protective Custody or other assignment that reduces the likelihood of sexual victimization Custody or other assignment that reduces the likelihood of sexual victimization

21 21 Observable Signs of Sexual Assault An offender who has difficulty, or pain while walking or sitting An offender who has difficulty, or pain while walking or sitting An offender who has unusual bruises or marks that may indicate assault An offender who has unusual bruises or marks that may indicate assault Bloody clothing, especially in the seat of the pants or underwear Bloody clothing, especially in the seat of the pants or underwear Bloody linen Bloody linen Frequent requests by the offender to see health care staff Frequent requests by the offender to see health care staff Frequent requests for laundry exchange Frequent requests for laundry exchange

22 22 Environmental Signs of Sexual Assault Offender group approaching single offender Offender group approaching single offender Rumors Rumors Unaffiliated offenders with organized offenders Unaffiliated offenders with organized offenders Single offenders who defy the norm snitching Single offenders who defy the norm snitching A decrease in interest in normal activities A decrease in interest in normal activities Withdrawal from social activities Withdrawal from social activities Attitude change by an offender Attitude change by an offender Offenders who loiter or congregate in blind spots (areas not readily observable by staff) Offenders who loiter or congregate in blind spots (areas not readily observable by staff)

23 23 Reporting Inappropriate Sexual Conduct If signs are observed a report shall be made If signs are observed a report shall be made An incident report shall be made An incident report shall be made Offenders shall be encouraged to report Offenders shall be encouraged to report Offenders shall be made aware of how to report Offenders shall be made aware of how to report Offenders shall be able to report to any staff member Offenders shall be able to report to any staff member

24 24 Reporting Inappropriate Sexual Behavior Any staff person, volunteer, or contractor has a duty to report Any staff person, volunteer, or contractor has a duty to report Staff shall ensure that both their Facility Head and Internal Affairs are notified Staff shall ensure that both their Facility Head and Internal Affairs are notified Facility Head will submit a Report of Critical Incident Facility Head will submit a Report of Critical Incident If a juvenile is involved, a report shall be made to Child Protective Services If a juvenile is involved, a report shall be made to Child Protective Services

25 25 Investigation of Inappropriate Sexual Conduct When a report is received, the alleged victim and alleged perpetrator shall be physically separated When a report is received, the alleged victim and alleged perpetrator shall be physically separated Protective custody or administrative segregation is an option Protective custody or administrative segregation is an option Shift Supervisor shall inform Facility Head, inform Facility Head, SAPP Coordinator, SAPP Coordinator, Internal Affairs, Internal Affairs, Medical and Mental Medical and Mental Health Care staff.

26 26 Investigation of Inappropriate Sexual Conduct Facility Internal Affairs staff or Central Office Internal Affairs staff shall conduct an investigation

27 27 Crime Scene & Evidence Preservation Primary duties are to provide safety for the victim and preserve evidence Primary duties are to provide safety for the victim and preserve evidence Primary source of evidence is the victim Primary source of evidence is the victim If within 96 hours of the incident, staff will preserve as much evidence as possible If within 96 hours of the incident, staff will preserve as much evidence as possible Victim should not shower, brush teeth, use toilet Victim should not shower, brush teeth, use toilet Questioning of victim following prescribed guidelines Questioning of victim following prescribed guidelines

28 Crime Scene & Evidence Preservation Perpetrator shall be ordered to follow the same actions as victim with regard to clothing, toilet, showering, etc. Perpetrator shall be ordered to follow the same actions as victim with regard to clothing, toilet, showering, etc. Gather all clothing worn during the assault Gather all clothing worn during the assault Collection of evidence will follow a strict procedure Collection of evidence will follow a strict procedure State form 2287: Chain of Custody Evidence Card to be used State form 2287: Chain of Custody Evidence Card to be used

29 CONFIDENTIALITY Employees shall not release any information concerning other employees or offenders of the Department without proper authorization IDOC POLICY

30 30 Post Traumatic Stress Disorder (PTSD) Acute Phase Signs Acute Phase Signs Long Term Effects Long Term Effects

31 31 PTSD Acute Phase Signs Fear at inappropriate or unusual times Fear at inappropriate or unusual times Anger at inappropriate or unusual times Anger at inappropriate or unusual times Outward emotional responses including: Outward emotional responses including: Talkativeness Talkativeness Tenseness Tenseness Crying Crying Trembling Trembling Shock Shock Disbelief Disbelief Dispassion Dispassion Quiescence Quiescence

32 32 PTSD Long Term Effects Mental re-experiencing of the assault Mental re-experiencing of the assault Aversion to sex Aversion to sex Anxiety Anxiety Phobias Phobias Depression Depression Nightmares Nightmares Suspiciousness (paranoia) Suspiciousness (paranoia) Sleep disorders Sleep disorders

33 33 Medical and Mental Health Services… If an allegation is of inappropriate sexual conduct, the If an allegation is of inappropriate sexual conduct, the victim shall be referred to the facilitys Health Care staff for victim shall be referred to the facilitys Health Care staff for examination in accordance with HCSD 2.30 and the Health examination in accordance with HCSD 2.30 and the Health Care Sexual Assault Manual. Care Sexual Assault Manual. Offender victims shall be provided access to approved outside Offender victims shall be provided access to approved outside victim advocates and/or Mental Health professionals for victim advocates and/or Mental Health professionals for support services related to sexual abuse. support services related to sexual abuse. Victims have the right to refuse medical and/or mental health care, Victims have the right to refuse medical and/or mental health care, after receiving counseling about the potential value of the services after receiving counseling about the potential value of the services they would receive and information about confidentiality. they would receive and information about confidentiality. Should the offender refuse or decline medical treatment the Should the offender refuse or decline medical treatment the offender shall sign a REFUSAL OF TREATMENT form which will be offender shall sign a REFUSAL OF TREATMENT form which will be documented in the offenders Health Care record. documented in the offenders Health Care record.

34 34 Victim Support Be professional Be professional Offer protection from the perpetrator Offer protection from the perpetrator Advise victim that an investigation will be conducted Advise victim that an investigation will be conducted Refer victim to mental health staff as needed Refer victim to mental health staff as needed Offer counseling and support services Offer counseling and support services The Sexual Assault Prevention Committee shall review The Sexual Assault Prevention Committee shall review the alleged victims PREA Victim Likely flag status and the alleged victims PREA Victim Likely flag status and determine if a change in the flags status is necessary determine if a change in the flags status is necessary Review victims housing/work assignments Review victims housing/work assignments May arrange for counseling in the community upon release May arrange for counseling in the community upon release

35 35 Offender Education Program Verbal and written information Verbal and written information Advised of consequences for inappropriate sexual conduct Advised of consequences for inappropriate sexual conduct Offenders are provided a brochure advising them of potential dangers of inappropriate sexual conduct or harassment Offenders are provided a brochure advising them of potential dangers of inappropriate sexual conduct or harassment How to report victimization How to report victimization

36 Sexual Assault Prevention Coordinator, Committee, and Statistical Reporting 36 The Sexual Assault Prevention Coordinator and Committee oversees sexual assault prevention and reporting at each facility, and gathers data for statistical reporting.

37 37 Benefits of Reducing Sexual Assaults 1. Increased security 2. Cost savings 3. Increased job satisfaction 4. Fewer suicides 5. Fewer reports 6. Reduced tension among offenders

38 38 You have completed the module on the Prison Rape Elimination Act. Please review the module again if you have any questions, or proceed to the next module. Thanks! Staff Development Emergency Operations


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