PREA 2013 PRISON RAPE ELIMINATION ACT LOUISIANA OFFICE OF JUVENILE JUSTICE

Overview Review history of the Prison Rape Elimination Act of 2003 Define staff responsibilities related to prevention, detection and response procedures for sexual harassment and sexual abuse of youth in custody Recognize behaviors and red flags for sexual harassment and sexual abuse of youth in custody Define reporting procedures and legal implications of sexual harassment and sexual abuse of youth in custody

PREA History Federal law enacted in September 2003. Sets a standard that protects the Eighth Amendment right (prohibiting cruel or unusual punishment) of offenders. Supports the elimination, reduction and prevention of sexual assault and nonconsensual sexual acts within corrections systems. Applies to all federal, state and local prisons, jails, police lock-ups, private facilities and community settings such as residential facilities. The final National Standards to Prevent, Detect, and Respond to Prison Rape (PREA Standards) were signed by Attorney General Eric Holder on May 16, 2012 and released by the United States Department of Justice on May 17, 2012.

Major Provisions Prevention Planning Medical and Mental Health Care Supervision and Monitoring Grievances Staffing Juvenile Facilities Audits Juveniles in Adult Facilities LGBTI Youth Cross-Gender Searches and Viewing Youth with Disabilities and Limited English Proficient (LEP) Youth Training and Education Screening Reporting Responsive Planning Investigations Discipline

Why do we have PREA training? OJJ has a ZERO TOLERANCE policy regarding sexual abuse and sexual harassment.

OJJ PREA POLICY Youth Services is committed to a zero-tolerance standard for sexual abuse and sexual harassment. All youth in OJJ care have the right to be free from sexual abuse and sexual harassment and retaliation. The purpose of this policy is to describe how the Prison Rape Elimination Act (PREA) shall be implemented within YS. This policy provides uniform guidelines and procedures to reduce the risk of sexual assault and sexual harassment within both YS secure care and contracted facilities.

PREA Committee Initiatives Developed training for staff/youth including: Initial/ongoing training for staff Orientation for youth Posters at facilities to raise awareness Brochures distributed to youth Establishment of the Sexual Assault Response Team (SART) at secure facilities

Committee Initiatives (cont’d) Established a PREA “flag” (alert) in JETS Physical plant improvements, including: Shower stall partitions Visibility windows in counselors’ offices Site visits to all OJJ facilities Contract residential facilities site visits

PREA Grant Offered through the USDOJ BJA – announced as “Demonstration Projects to Establish ‘Zero Tolerance’ Cultures for Sexual Assault Program Grant.” OJJ applied for and received the grant totaling $750,000.00 to extend over a course of 3 years. Three main areas of focus: Leadership and Cultural Examination Evaluation Data Collection and Infrastructure Enhancement

PREA Resource Center and Juvenile Toolkit Website established by the National Council on Crime and Delinquency (NCCD) and Bureau of Justice Assistance (BJA) as a national source for: Online/direct support and research Training and technical assistance www.prearesoucecenter.org Toolkit contains an online assessment for agency administrators to help them determine level of compliance w/PREA and assist in development of action plans for improvement

DEFINITIONS Sexual abuse by another youth, detainee, or resident 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 any person, excluding contact incidental to a physical altercation..

Definitions Sexual abuse by a staff member, contractor, or volunteer includes— (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;

Definitions (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 a youth, detainee, or resident, and (8) Voyeurism by a staff member, contractor, or volunteer.

Definitions Sexual harassment includes— (1) Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one youth, detainee, or resident directed toward another; and (2) Repeated verbal comments or gestures of a sexual nature to a youth, 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.

Definitions Voyeurism by a staff member, contractor, or volunteer: means an invasion of privacy of a youth, detainee, or resident by staff for reasons unrelated to official duties, such as peering at a youth who is using a toilet in his or her cell to perform bodily functions; requiring a youth to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a youth’s naked body or of a youth performing bodily functions.

Staff Responsibilities   A. Professionally trained staff shall help prevent sexual abuse and sexual harassment by acting in the following manner during the performance of their duties:   1. Know and enforce rules/policy/procedures regarding sexual conduct of youth. 2. Maintain professionalism at all times. 3. Treat any allegation of sexual abuse and sexual harassment seriously and follow appropriate reporting procedures, as outlined the OJJ PREA policy.

Staff Responsibilities Staff must recognize that sexual abuse and sexual harassment can occur in virtually any area in a facility. Best practice includes conducting frequent, random area checks, providing direct staff supervision whenever possible, and maintaining an open line of communication with youth. Staff should communicate in a professional and supportive manner with all youth, in particular lesbian, gay, bisexual, transgender, intersex, or gender nonconforming youth regarding PREA incidents, allegations and investigations.

REMEMBER: Except in the case where staff are clearly the victim of juvenile offender sexually abusive or harassing behavior, sexual behavior between staff and youth is ALWAYS the staff member’s responsibility. Such behavior will ALWAYS be subject to investigation, discipline, prosecution the staff that engages in such behavior.

Undue Familiarity Flirting Inappropriate compliments Making suggestive sexual remarks or obscenities Doing favors for the offenders Letters or notes between staff and youth Conversations with sexual overtones

Boundary Violations Any behavior that does not maintain proper and respectful verbal and physical boundaries through plain or subtle means, which includes Doing favors you would not want others to know about Disclosing inappropriately personal information Voyeurism-Seeking sexual stimulation through visual means

BULLYING Two key components: repeated harmful acts and imbalance of power (coercion) Involves repeated physical, verbal, or psychological attacks or intimidation directed against a victim who cannot properly defend him- or herself Recognized forms of bullying include sexual harassment, ostracism, name-calling, isolation

What is Sexual Coercion? The use of debt, threats of physical harm, peer pressure, deceit, personal favors, or positional authority to force or lure sexual favors.

Awareness of Potential Sexually Aggressive Behavior Characteristics or warning signs may include a prior history of committing sex offenses, use of strong arm tactics (extortion), associating or pairing up with youth who meet the profile of a potential victim, exhibiting voyeuristic/exhibitionistic behavior, and demonstrated inability to control anger.

Examples: What are some examples of boundary violations, coercion and bullying you have seen with youth and with staff? Discuss and share

Awareness is Key Ways staff can learn of a sexual assault/sexual harassment: Staff discovers incident in progress Victim reports to staff member An incident is reported to staff by another youth, or is the subject of youth rumors Staff intercepts written correspondence Medical evidence

Possible RED FLAGS for Victims Uncharacteristic acting out in an effort to stay segregated or to facilitate a transfer Refusal to shower, eat or be in less supervised areas Depression, suicidal thoughts or actions Increased medical complaints and attention seeking, particularly increased concerns regarding sexually transmitted diseases Withdrawing or isolating themselves Unexplained bruising

More Red Flags for Staff Inappropriate dress for the work site Spending time with youth in isolated situations Calling youth out of their areas late at night Changes in dress or behavior Giving items to the youth Covering windows of offices, etc. Staff overly concerned about a particular youth Staff in personal crisis

Louisiana Laws Felony Carnal Knowledge 14:80 & 80.1 Whoever commits the crime of felony carnal knowledge of a juvenile shall be fined not more than $ 5,000.00, or imprisoned, with or without hard labor for not more than ten years or both Sexual Battery, 2nd degree 14:43.2

Louisiana Law Indecent Behavior with a Juvenile 14:81 Whoever commits the crime of indecent behavior with juveniles shall be fined not more than five thousand dollars, or imprisoned with or without hard labor for not more than seven years or both Pornography Involving Juveniles 14:81.1 Whoever commits the crime of pornography involving juveniles shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence

Remember: Employees who experience or witness any form of sexual abuse or sexual harassment must notify their immediate supervisor, provided that the immediate supervisor is not the offending member. Staff may also use the option of the Investigative Services HOTLINE 1-800-626-1430

Intervention/Response All staff must report and respond to all allegations of sexually abusive behavior. Youth Services prohibits retaliation against any individual who reports sexual abuse and sexual harassment incidents and/or participates in an investigation of such reports. All staff will assume that all reports of sexual victimization-regardless the source-are credible and respond accordingly; it must be reported even when staff feel it MAY be a false report. As the severity of the sexually abusive behavior increases, so should the level of the response.

When a youth reports sexual abuse or sexual harassment to staff, staff shall take these four steps: Contact his/her Supervisor Initiate an Unusual Occurrence Report Notify Investigative Services File a report with the local office of the Child Protection Unit

Youth Reports Youth shall be encouraged to immediately report sexual assault or sexual harassment to any staff member. Youth Services prohibits retaliation against any individual who reports sexual abuse and sexual harassment incidents and/or participates in an investigation of such reports.

Staff shall immediately do the following: Ensure the youth victim is safe and kept separated from the offending aggressor Notify his/her Supervisor/Manager and Supervising Probation and Parole Officer   Ensure the youth victim does not change clothes, shower, brush teeth, eat, or drink until after evidence collection Secure the incident area and treat it as a crime scene Notify/access appropriate health services for the youth Immediately notify Investigative Services and/or law enforcement The Supervisor/Manager shall notify and brief the Facility Director Notify the Central Office Duty Officer and Assistant Secretary for Facilities and Probation and Parole

Reporting Sexual Abuse and Harassment: Staff shall encourage youth to report when either of the following conditions exists:   a. the youth has been or is currently a victim of sexual abuse or sexual harassment while in YS custody. b. the youth has knowledge of sexual abuse or sexual harassment having occurred or currently occurring in a YS secure care or contract facility.

Reporting Sexual Abuse or Sexual Harassment : When a youth reports sexual abuse or sexual harassment to staff, staff shall, except as noted in Section XII of this policy, contact his/her Supervisor/Manager, and in the case of contract facilities, the Supervising PPO. The Supervisor/Manager and/or Supervising PPO shall immediately notify the Facility Director/Regional Manager, and initiate action, as appropriate to reduce/eliminate:   a. immediate harm to the victim or reporter; and b. damage to potential crime scenes or evidence.

Reporting Sexual Abuse or Sexual Harassment : In accordance with YS Policy C.2.6 and facility Standard Operating Procedures, secure care facility staff shall initiate an Unusual Occurrence Report (UOR) [C.2.6 (b)] and notify Investigative Services (IS) / law enforcement in accordance with local procedures, except as noted in Section XIII of this policy. In accordance with YS Policy C.4.3, a "Notification and Report of Abuse/Neglect Occurrences" [C.4.3 (b)] shall be filed with the local office of the Child Protection Unit, Department of Children and Family Services (DCFS) by the youth's Case Manager.  In accordance with DYS Policy 10.29, the supervising PPO/J shall notify the parish Office of Children's Services of the incident(s).

The Daily Dozen Do I look forward to seeing a particular youth when I come to work? Have I done anything with a youth that I don’t want my family or supervisor to know about? Would I be reluctant for a co-worker to observe my behavior for all day? Do I talk about personal matters with youth? Do I believe I can ask a youth to do a personal favor? Have I ever received personal advice from a youth? Have I ever said anything to a youth that I wouldn’t want tape recorded? Do I have thoughts or fantasies about touching a particular youth? Do I think I have the right to touch a youth wherever and whenever I want to ? Do I have feelings of not being able to wait to share good/bad news with a particular youth? Do I think youth are not allowed to say no to me, no matter what I ask? Have I ever allowed youth to talk about sexual experiences or sexual fantasies, or tell sexual jokes in my presence?

ELIMINATE A SEXUALIZED ENVIRONMENT Reduce and eliminate the possibility of a sexualized environment that youth could be in while they are in our care. This can be done by addressing and eliminating staff and youth comments, conversation and body language that could encourage a sexualized environment Staff should remove pictures that may be suggestive from dorm areas or other areas When these specifics are not addressed as they occur, it may appear to youth and staff that pictures, gestures, etc. of a sexual nature are acceptable.

The FACT is WE strive to prevent all sexual assaults, sexual abuse and sexual harassment with or without the Prison Rape Elimination Act. WE have a responsibility to operate safe, humane and caring environments for our youth.