Prison Rape Elimination Act (PREA) Basics: What RSAT Programs Need to Know RSAT Webinar

2

Learning Objectives To explain PREA, its mandates, and the legislation that created it. At completion participants will be able to: Describe at least three categories of individuals who have contact with inmates and are subject to PREA law List three characteristics of male inmates associated with an increased risk of becoming a victim of prison sexual assault Discuss the prevalence of sexual assault and abuse in custody and methods used to collect prevalence data Identify at least three services that facilities should offer to victims 6/11/20163

Module I: Research 6/11/20164 Overview of today’s topics PREA implementation involves many disciplines and practices that can’t be covered in a single webinar….We will focus on 4 foundational topics relevant to RSAT Programs: 1.PREA Law and legislative mandates 2.Profile of sexual abuse/assault of inmates in custody 3.Information specific to substance use 4.Practical responses, tips and procedures …And links to more information, resources, and technical assistance RSAT-TTA can provide additional training upon request. Let us know about your needs!

Part One: PREA law and legislative mandates Congress enacted the Prison Rape Elimination Act (PREA, P. L ) to end sexual abuse of persons in custody, unanimously in How many victims are involved? a) Incidence – number of reported cases – Administrative review – Investigations files b)Prevalence – proportion experiencing sexual assault in custody – Inmate Survey data – Staff estimates Link to Public Law /11/20165

Module I: Research Bureau of Justice Statistics (BJS) began surveying inmates to determine rates of sexual abuse.  Since 2004, BJS has required states to submit a yearly summary of investigations into cases of reported sexual victimization.  Since 2007, each year ACASI –an audio assisted, computerized- touch screen inmate survey, has been administered to a sample from a facility in each state.  Facilities with highest and lowest rates are listed in reports and have been required to give testimony before Congress. You can access all these reports in the BJS PREA Publication Series at: 6/11/20166 Part One: PREA’s National Research Agenda (Subsection 4)

Part One: 1 st National Inmate Survey Results (BJS) /11/20167  Inmate-on-Inmate – Non-consensual 1.3% 16, 800 – Abusive contact 0.8% 10, 600 – Total 2.1% 27, 500  Staff-on-Inmate – Unwilling Activity 1.7% 22,600 – Willing Activity 1.7% 22,700 – Total 2.9% 38,600 – Overall Sexual Victimization 4.5% 60,500

Part One: 1 st National Inmate Survey Results (BJS) /11/20168

Module I: Research The commission was charged with developing draft National PREA Standards, which were first released for public comment in June, Also conducted a legal and factual study of effects in consultation with accreditation organizations. Could not impose mandates resulting in substantial cost increase. Authorized the Protecting Offenders and Safeguarding Communities Grant Program ―16 states in 2004 ―28 in /11/ Part One: PREA Commission & grants to the states (Subsections 6,7)

Module I: Research US Attorney General was charged with reviewing standards and releasing final version - (AG review completed on May 17, 2012) Compliance expected from the states within 1 year of issuance * Audit reports every 3 years Possible sanctions for non-compliance (5% reduction of federal funding) Accreditation organizations must adopt standards to keep receiving federal funds *BOP compliance expected upon release of standards PREA Standards: (268 pages) 6/11/ Part One: Where we are today (Subsections 8 & 9)

Part Two: Overview of Prison Rape and PREA Goals 6/11/  Prevention – assessing institutional safety and offender risk factors; offering inmate education and staff training  Detection – creating a reporting culture through staff training and safe reporting avenues for victims  Investigation – effective investigation of staff misconduct and inmate on inmate abuses; training in forensic interviewing and evidence preservation  Response – appropriate services for victims, ensuring their safety and security, and prosecuting perpetrators

Module I: Research A relatively large proportion of inmates (20-40%) engage in consensual sexual activities About 10% engage in some form of bartering A much smaller number report inmate-on-inmate sexual victimization  Sexual coercion by force or threat of harm (1 – 4%) (2 out of 100 or 2-5% in more recent studies)  Unwanted Sexual Contact (20%) Source: Dr. Ann Loper- Virginia Prison Study (Presented at the National GAINS Center Conference, 2008) 6/11/ Part Two: Sexual Behavior in Prisons

Part Two: Assaults Occurring in Prisons Most likely location is in cells - approximately 2/3 of all reported cases - followed by the shower or bathroom. Common areas—dayrooms, work places, cafeterias—are least likely for males but most likely in female facilities; closets or locked areas. Staff on inmate sexual misconduct in prisons between female staff and male inmates is more common; in jails it is the opposite. But, female prisoners report a higher rate of ever having experienced any incident of sexual victimization while incarcerated. 6/11/201613

Module I: Research Assailants- Large stature Violent or sexual childhood abuse Violent offenses Violent or predatory sex crime Young/middle aged; long sentence Higher security; gang affiliation History of prison violence Heterosexual 6/11/ Part Two: Profile of Inmate Risk (Male) Victims - Small stature Violent or sexual childhood abuse Non-violent offenses Non-assaultive, opportunistic sex crime Young; first time offender Impaired (mentally or physically) History of substance abuse Perceived as feminine or homosexual / transgender

Part Two: Profile of Risk (Female) 6/11/ Trauma history (available from NIC as DVD or Online) Mental illness, substance abuse History of prostitution Poverty Naïve - first time offenders Low self esteem Prior victimization that went unaddressed No clear profile of female perpetrators

Part Two: Juveniles—2012 Youth in Custody Survey 6/11/ An estimated 9.5% of youth in juvenile facilities reported sexual victimization by other youth or staff. About 2.5% reported an incident involving another youth. About 7.7% reported an incident involving facility staff. 3.5% reported sexual contact w/facility staff due to force or coercion. 4.7% reported sexual contact w/staff – no force, threat, or explicit coercion. Two thirds of youth victimized by other youth reported physical force or threat of force. 25.2% were offered favors or protection. 18.1% were given drugs or alcohol to engage in sexual contact. Full report:

Part Two: Juvenile Standards 6/11/  Standards require secure juvenile facilities to have minimum staffing ratios during resident waking hours and sleeping hours.  DOJ encourages the use of continuous, direct supervision, whenever possible in secure juvenile facilities.  Youthful offenders in adult facilities (under 18) must be housed separately. Link to PREA Resource Center – Juvenile Standards: 101/juvenile-facility-standards

Module I: Research Are the majority of reports are false? Fact: Although there is likely to be some false reporting, BJS national data on the outcome of investigations of reported cases reveals: 25% Unfounded (assumed to be false) are 25% Substantiated (assumed to be true ) 50% Unsubstantiated (cannot be assumed false, or proven true) ( BJS, 2007) All reports are investigated! 6/11/ Part Two: Investigating PREA incidents and allegations

6/11/ Substance facilitated sexual assault may involve, bartering, promising, supplying, forcing and drugging. Coercion Trading Withholding Impairment Unconsciousness Force Part Three : PREA and Substance Use

6/11/ Clinical characteristics of a sample of 201 male inmate victims (%) Mental health problem 54·7 Substance abuse 22.8 Head trauma 9.1 Chronic physical condition 32.8 Part Three : PREA and Substance Use

Part Three : Incarcerated Men: Substance use and Trauma Histories 6/11/ literature review found up to 21% w/PTSD (Goff, Rose, Rose and Purvis, 2007) In Vermont 21% active PTSD, 33% lifetime (Gibson, John C. Holt, Fondacaro, Tang, Powell, Turbitt, 2008 ) In juvenile justice 50%-90% report at least one traumatic event (Ford, Chapman, Hawke and Allen, 2007) According to CSAT, up to two thirds of women and men in publically funded substance abuse treatment report a history of physical or sexual abuse in childhood.

Part Three : Incarcerated Women: Substance use and Trauma 6/11/ Rhode Island Data on Women Offenders: – 40% - Childhood sexual abuse – 55% - Childhood physical abuse – 53% - Adult rape – 63% - Adult physical assault – 34% - Lifetime PTSD (Nationally, 33%) (Zlotnick, 1997; Zlotnick, Najavits et al, 2003) 90% of female inmates in substance abuse & mental health treatment (Commonwealth of Mass, 2005)

Part Four: Prevention, detection and response basics for RSAT staff 6/11/ Screening for risk of vulnerability and risk of violence Detecting and assessing signs; reporting suspicions Investigating allegations and preserving physical evidence Responding effectively to victims and offering needed services Key Topics

Module I: Research Certain needs are unique due offender status, but many needs are the same as any victim of sexual assault … However, the challenges of delivering those services within a prison or jail are very different: Confidential reporting mechanisms Victim advocacy Medical services Mental health counseling Safety 6/11/ Part Four: Care Needs -Victim’s Services

Module I: Research  Long before an offender is released, connections to community- based victims services can be put into place. PREA supports collaborative agreements with outside victim’s services.  Connections to community care, resources and a support system are critical needs.  In studies of post-release deaths of re-entering prisoners the risk of death by drug overdose was from 40 to 129 times the average risk, with markedly elevated relative risks of both suicide and homicide. 6/11/ Part Four: Victims’ Services - Re-entry

Module I: Research 6/11/ Resource Page National PREA Resource Center - BJA funded TA providers – asks questions, request help, sign up for updates National Institute of Corrections – PREA Project: Online resource library and training PREA Resource DVD: Four videos, eLearning course and documents Meeting the Needs of Victim’s of Prison Rape: A Technical Assistance Guide for Sexual Assault Counselors and Advocates: Juveniles: Addressing Sexual Violence Against Youth in Custody: Youth Workers’ Handbook on Identifying and Addressing Sexual Violence in Juvenile Justice Settings Romantic Relationships with Inmates: Addresses risk factors for undue familiarity and staff training.

Module I: Research Questions, ideas, thoughts or comments? Let us know if you’re interested in a PREA Part II webinar? Note: We invite you to post your PREA implementation experiences, programs or questions on The RSAT forum: Sincerest thanks for your participation! 6/11/ Questions?

RSAT Technical Assistance and Training Center 6/11/ Contact for Niki Miller : For more information on RSAT training and technical assistance visit: Or Jon Grand, RSAT TA Coordinator :