1. IDJC PREA Information Refresher

2. What PREA Does zThe Act supports the prevention, detection, reduction and punishment of sexual assault and rape within the corrections systems zPending Governor certification of state compliance or state laws adopting the standards, PREA will apply to all state and local prisons, jails, police lock-ups, private facilities and community settings such as residential facilities.

3. What PREA Does zEstablishes a zero-tolerance standard for the incidence of resident sexual assault and rape; zMakes prevention of resident sexual assault and rape a top priority in all our facility's; zIncrease accountability of corrections officials who fail to detect, prevent, reduce and punish prison rape; zProtects the Eight Amendment rights of residents. (cruel and unusual punishment)

4. Relevant Policies & Law (The following policy slides do not contain the policy in its entirety. Staff should read the policies in full to gain a comprehensive understanding of expected practices) zPrison Rape Elimination Act of 2003 (PREA) Compliance (914) zProgram Response to Sexual Misconduct (5/6/740.07) zJuvenile Disclosure of Criminal Activity/Abuse (5/6/740.20) zReporting of Abuse, Abandonment or Neglect (Idaho Code 16-1505) zAs used in this training, the term “staff” includes volunteers, interns and contractors.

5. Definitions zSexual Abuse includes — Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident; and sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer. zResident-on-Resident Sexual Abuse - includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse: (1) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight; (2) Contact between the mouth and the penis, vulva, or anus; (3) Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and (4) Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation. zStaff-on-Resident Sexual Abuse - includes any of the following acts, with or without consent of the inmate, detainee, or resident: (1) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight; (2) Contact between the mouth and the penis, vulva, or anus; (3) Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; (4) Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; (5) Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; (6) Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in paragraphs (1)-(5) of this section; (7) Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, detainee, or resident, and (8) Voyeurism by a staff member, contractor, or volunteer.

6. Definitions zVoyeurism by a staff member, contractor, or volunteer - An invasion of privacy of an inmate, detainee, or resident by staff for reasons unrelated to official duties, such as peering at an inmate who is using a toilet in his or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an inmate’s naked body or of an inmate performing bodily functions. zStaff-on-Resident Sexual Harassment - Repeated verbal comments or gestures of a sexual nature to an inmate, detainee, or resident by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. zResident-on-Resident Sexual Harassment - Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate, detainee, or resident directed toward another. zInappropriate Sexual Behavior - Inappropriate sexual behaviors include a continuum of activities directed toward juvenile offenders by staff or other juvenile offenders, regardless of voluntariness, that may include otherwise developmentally normative behaviors, norm-violating behaviors, sexual harassment, exploitation/taking unfair advantage of another, and sexual assault. Minimally, they violate a facility’s rules and policies, and they may also be abusive or illegal.

7. PREA Policy (policy 914) Procedure zIDJC will aggressively respond to, investigate, and support the prosecution of sexual abuse, both internally and externally in partnership with law enforcement and prosecutors. IDJC will comply with all mandatory reporting laws and will contact law enforcement when warranted or if otherwise requested by the alleged victim. zAll staff will respect the dignity and privacy of those involved in an allegation of sexual abuse, including the alleged offender, alleged victim and any witness. Incidents of sexual abuse are not topics for casual conversation with staff or juveniles. zStaff shall not reveal information related to an allegation of sexual abuse to anyone, including other staff, except for purposes of reporting as outlined in policy or to the extent necessary to assist in an investigation, to provide medical or mental health treatment, or for other security purposes. zAll information and/or questions regarding an allegation or investigation of sexual abuse shall be provided to the Facility PREA Compliance Manager (Facility PCM), Agency PREA Coordinator or Legal Services for a response and follow-up.

8. PREA Policy - Staff Responsibilities Upon suspicion of and/or becoming aware of a possible sexual abuse incident occurring at an IDJC Juvenile Correction Center, staff will: zEnsure the safety of the alleged victim(s) and take steps to separate the alleged offender(s), victim(s) and witnesses. (Separation does not mean isolation, unless other less restrictive measures to ensure the safety of those involved have failed.) zIf the first staff responder is not a security staff member (non-direct care, intern, volunteer, contractor) the responder shall request that the alleged victim not take any actions that could destroy physical evidence, & then notify security staff. zImmediately contact their supervisor/designee or Duty Officer and complete an incident report prior to the end of their shift. Upon suspicion and/or becoming aware of a possible sexual abuse incident occurring at a contract facility, IDJC staff will: zImmediately contact the Clinical Supervisor; or, if not available, the designee or Duty Officer.

9. PREA Policy - Supervisor/Duty Officer Responsibilities Upon receiving a report of a possible sexual abuse incident the supervisor or Duty Officer will: zInitiate a response to ensure that all sections of the PREA and other applicable policies and procedures are followed. zImmediately notify the Superintendent and the Facility PCM zThe Facility PCM will notify the PREA Coordinator of the possible sexual abuse incident within 24 hours of the incident. zThe PREA Coordinator will notify IDJC Legal Services zEnsure that medical and mental health services are provided if needed. Upon suspicion and/or being notified by staff of a possible sexual abuse incident occurring at a contract facility, the Supervisor/Duty Officer will: zNotify the PREA Coordinator of the possible sexual abuse incident no later than 24 hours after receiving the report. zFollow other applicable IDJC policies and procedures.

10. Program Response to Sexual Misconduct Policy (640.07) zInstances of sexual contact and/or abuse (verbal, physical, or emotional) in a treatment program are significant events which are counterproductive to the treatment needs of residents. They must be addressed immediately, whether the sexual contact is consensual or nonconsensual. Failure to respond to such incidents in the above manner undermines treatment integrity and the safety of the staff and juveniles in the program. zThis policy refers to sexual misconduct/contact between juveniles, however, any and all sexual conduct or contact between staff and juveniles is unethical and constitutes a violation of the Juvenile Abuse (5/6/740.04), and Standards of Conduct (366.00) policies. Such behavior may be determined to be illegal, and if so, it will be prosecuted to the fullest extent possible. zSexual acting out by juveniles with other juveniles is inappropriate and may also be determined to be illegal. Every instance of such behavior will be documented and reported as specified by the PREA Compliance policy and Idaho mandatory reporting laws. zIt is the responsibility of all staff to be constantly aware of the possibility of sexual acting out by juveniles and to act to prevent such behavior to the fullest extent possible.

11. Program Response to Sexual Misconduct - Staff Responsibilities zOnce a staff member becomes aware of sexual misconduct or an allegation of sexual misconduct, he or she will complete an incident report describing the situation or allegation and report this to his/her supervisor immediately. zSexual misconduct in this regard refers to incidents involving staff/juvenile interaction as well as juvenile/juvenile interaction. zUnit Managers and Primary Case Managers will follow the procedure for reporting criminal offenses outlined in the Juvenile Disclosure of Criminal Activity/Abuse Policy (5/6/740.02) to the Superintendent, JPO, and JSC. zThe Superintendent will determine if mandatory notification is necessary and appropriate.

12. Program Response to Sexual Misconduct - Staff Responsibilities zThe Superintendent will report back to the Primary Case Manager what action was taken as soon as a course of action in determined. zSexual misconduct includes all behaviors defined by PREA as constituting sexual abuse or sexual harassment, as well as voyeurism, exposure, public masturbation, unwelcome physical contact, or other inappropriate sexual behaviors such as repeated public exposure, frottage, or openly expressed threats/acts of sexual violence. zIncidents of sexual acting out that do not meet the above definition of sexual misconduct will be documented, handled, and reported through routine program interventions. These behaviors and interventions will be reported in treatment group interactions and documented in group and individual logs. The community notification will be through monthly telephone conference calls and progress letters.

13. Juvenile Disclosure of Criminal Activity/Abuse Policy (5/6/740.20) – Staff Responsibilities zWithin 24 hours of intake the juvenile shall have the Notice of Limited Confidentiality (DJC-206) carefully explained to him/her. The juvenile will be asked to sign that he/she understands the information. DJC-206 will be filed in the juvenile’s permanent case management file. zThe purpose of this policy is to provide some guidelines for the reporting of disclosures made by juveniles committed to the IDJC in any circumstances noted below. zDisclosures of prior criminal activity not involving sexual behavior. zDisclosures of prior sexual abuse perpetrated by the juvenile. zDisclosures of prior sexual abuse in which the juvenile was a victim. zDisclosures of sexual activity among juveniles of the facility. zDisclosures of sexual activity among juveniles at previous placements.

14. Juvenile Disclosure of Criminal Activity/Abuse – Staff Responsibilities zAny information shared with the staff related to past or present offending behavior is to be forwarded to the appropriate primary case manager. zClinical staff providing individual, group, or family counseling as well as staff facilitating other specialized services (substance abuse groups, religious counseling, sexual abuse meetings) must meet the same legally mandated reporting requirements, as do other professional staff. Following the report, they should forward all relevant information to the appropriate primary case manager. zAny disclosure by a juvenile of past or present sexual behavior or abuse must be reported by phone within 24 hours of the disclosure to the regional office of the Department of Health and Welfare (DHW) or the law enforcement agency in the county from where the juvenile was committed, by the primary case manager.

15. Juvenile Disclosure of Criminal Activity/Abuse – Staff Responsibilities zIDJC will cooperate with any ongoing investigation. IDJC staff may be asked to restrict the juvenile’s communication with outside parties regarding the disclosure during the course of a criminal investigation. zThe juvenile may provide a written statement in addition to the report provided by the staff. Juveniles will not be required to provide a written statement to the IDJC staff, but may be asked to do so by the investigating authority. zThe primary case manager is responsible for sharing the disclosure and actions taken with the JPO and JSC within two working days of the disclosure. zAny IDJC staff involved in an ongoing investigation need to keep the Superintendent informed of the current situation.

16. Juvenile Disclosure of Criminal Activity/Abuse – Staff Responsibilities zWhen a juvenile makes a disclosure of past or present offending behavior, it is important that the staff recording the disclosure include all known pertinent information about the juvenile and the incident(s) described. Specifically, the following information must be included in the report provided by the staff, but only to the extent they have it: zName of the juvenile, his/her home county, and names of JSC, JPO, and Primary Case Manager. zThe date of the incident, including where it occurred, when or over what period of time it took place, and who else was involved. zIf possible, some identification of the victim, even if not by name or if not an individual. zDescribe the source of the information/disclosure, either through a written or verbal report.

17. Juvenile Disclosure of Criminal Activity/Abuse – Staff Responsibilities zDocument on the Notice of Disclosure form (DJC ‑ 131) the disclosure and report made to either DHW or law enforcement officials. Attach any written statement offered by the juvenile to DJC-131. zIn the case of imminent risk that requires immediate attention or serious criminal actions, the staff will call the Superintendent to notify law enforcement directly, as well as the JPO and JSC. The Superintendent will decide whether the Director needs to be notified. The Superintendent or designee will make the decision on who will contact law enforcement officials.

18. Professional Boundaries Boundary Crossing zBrief excursions across boundaries with a return to established limits of the professional relationship zMay begin as a simple act of kindness or courtesy zUnintentional or intentional zUsually no harmful long term effects Boundary Violation zIncludes doing favors you would not want others to know about zIndulgence of personal privilege by the professional zPersonal rather than professional relationship zDisclosing inappropriately personal information zPotential for devastating long term effects.

19. Sexual Misconduct by the Staff Professional zOvert or covert expression of erotic or romantic thought/feelings/gestures by the professional toward the juvenile, that are sexual or may be reasonably construed as sexual zUsually intentional zMay or may not begin with boundary violations. zParallels incest experience zLong term effects may not be readily apparent

20. Whose at Risk? Juveniles zHistory of Incest or Sexual Abuse zBorderline Personality zNeed to be liked, found attractive, cared for zDifficulty with separation and loss zDissociative states zMultiple personality Staff zSuffering from long-standing problems zEmotionally unfulfilled zOver-invested in work zUnaware of the importance of professional boundaries zMiscalculation of the situation

22. PREA Information Summary zDo your part to support a zero tolerance standard for the incidence of sexual assault and harassment. zUnderstand that there is no such thing as consensual sexual relations in any juvenile correctional facility. zReport all knowledge or suspicion of sexual misconduct and harassment to your supervisor. zFollow the nation standards (IDJC Policy) for the: yDetection yPrevention yReduction yand punishment of prison rape.

23. QUIZ TIME True or False zThe Prison Rape Elimination Act covers only instances of forcible rape. zPREA protects a juveniles right to be free from cruel and unusual punishment. zPREA is state law. zStaff are to immediately notify their supervisor or designee upon becoming aware of an incident of sexual misconduct. zA staff first responder should make sure the victim is safe by separating them from the alleged offender. zConsensual sexual contact between juveniles, where there is no identifiable victim, is permissible. zFor juveniles in our custody who are 18 and older, sexual relations with staff are not recommended, but are permissible. zWhen a staff member becomes aware of a possible sexual misconduct incident at a contract provider, they are to notify the Clinical Supervisor, designee, or DO. zAll PREA investigations will be conducted by IDJC, therefore it is not necessary to contact law enforcement. zIt is the responsibility of the juveniles to prevent sexual assault and harassment amongst themselves and their group. zClinical staff providing individual, family or group counseling services are exempt from being required to report disclosures of sexual abuse/misconduct. zDisclosures of past or present sexual behavior or abuse must be reported within 24 hours of the disclosure to (DHW) or law enforcement. zThe cycle of staff sexual misconduct includes: Client at Risk + Distressed Professional + Opportunity. zName:. Date:. z