MCSO Department of Corrections Prison Rape Elimination Act (PREA) Review 2008

Prison Rape Elimination Act of 2003 (PREA) The Prison Rape Elimination Act (PREA), in many ways, is now part of the corrections profession’s vernacular. However, the need to go beyond a basic understanding of the law requires thoughtful consideration of the implications of various correctional populations impacted by the law.

The Prison Rape Elimination Act of 2003 (PREA) is the first United States federal law passed dealing with the sexual assault of prisoners. The bill was signed into law on September 4, 2003.United States September Prison Rape Elimination Act of 2003 (PREA)

The act aimed to curb prison rape through a "zero-tolerance" policy, as well as through research and information gathering. The act called for developing national standards to prevent and detect incidents of sexual violence in prison, making data on prison rape more available to prison administrators as well as making corrections facilities more accountable for incidents of prison rape.

Prison Rape Elimination Act of 2003 (PREA) PREA covers all adult, as well as juvenile detention facilities; the definition of prison for the purposes of the act includes "any juvenile facility used for the custody or care of juvenile inmates. "U.S. Congress, within the text of PREA, noted that young, first-time offenders are at an increased risk for sexually motivated crimes. Juveniles held in adult facilities are five times more likely sexually assaulted than juveniles held in juvenile facilities.

Prison Rape Elimination Act of 2003 (PREA) PREA defines "prison" quite broadly. Within the context of the act prison is defined as, "any federal, state, or local confinement facility, including local jails, police lockups, juvenile facilities, and state and federal prisons. “Thus, short-term lockups, such as holding facilities, and local jails, regardless of size, are also subject to the provisions of PREA. Failure by local authorities and operators of such facilities to comply with the provisions of PREA results in a reduction in federal funding to that agency to the tune of 5 percent for each year they fail to comply.prisonjails

Prison Rape Elimination Act of 2003 (PREA) The purposes of this Act are to (1) Establish a zero-tolerance standard for the incidence of prison rape in prisons in the United States; (2) Make the prevention of prison rape a top priority in each prison system; (3) Develop and implement national standards for the detection, prevention, reduction, and punishment of prison rape; (4) Increase the available data and information on the incidence of prison rape, consequently improving the management and administration of correctional facilities; (5) Standardize the definitions used for collecting data on the incidence of prison rape; (6) Increase the accountability of prison officials who fail to detect, prevent, reduce, and punish prison rape; (7) Protect the Eighth Amendment rights of Federal, State, and local prisoners; (8) Increase the efficiency and effectiveness of Federal expenditures through grant programs such as those dealing with health care; mental health care; disease prevention; crime prevention, investigation, and prosecution; prison construction, maintenance, and operation; race relations; poverty; unemployment; and homelessness; and (9) Reduce the costs that prison rape imposes on interstate commerce.

Prison Rape Elimination Act of 2003 (PREA) Annual reports In December 2007 United States Department of Justice published its 2006 report about rapes and sexual violence in American prisons. The report, which included information obtained from about 1.3 million prisoners, reported 60,500 cases of sexual violence ranging from unwanted touching to rape in 2006.In total, 4.5 percent of American prisoners reported an incident of sexual violence in the study.United States Department of Justice

Policy: It is the policy of the Martin County Sheriff’s Office to ensure the safety and well being of all inmates in the Martin County Jail. The department strictly prohibits the sexual abuse of inmates and sexual acts involving inmates, regardless of the consensual status. All incidents of inmate sexual assault, abuse, or harassment will be reported promptly and investigated thoroughly. This policy applies to all inmates, staff, volunteers and/or contract personnel.

PURPOSE The purpose of this policy is to outline the procedures to be followed any time an officer, employee, or volunteer receives a report of, or has knowledge of any case of sexual abuse, assault, and/or rape within the Martin County Jail.

PROCEDURE: A Prevention and Intervention 1. Admissions: During the admissions process inmates will be issued the inmate handbook, which provides information regarding sexual abuse/assault, prevention, intervention, self protection techniques, reporting, medical treatment and counseling. 2. Classification: Classification personnel will verify that the inmate has received the inmate handbook and shall hold a discussion to ensure the inmate(s) understand their responsibility and the procedures to follow in the event of a sexual abuse and/or assault. a. During the classification process, housing assignment for inmates who have been determined to be at risk to commit sexual assault will be made accordingly. b. Inmates who identify themselves as being at risk for sexual victimization will be referred to a mental health counselor, or other qualified professional, monitored and housed accordingly.

3. Staff Intervention: Prompt and effective intervention is crucial for inmates who are victims of sexual abuse/assault. Any employee, volunteer, or contract person who has knowledge of any sexual abuse, assault, or harassment of any inmate is required to report such information immediately. 4. Notification: Staff shall immediately notify the on-duty supervisor of a report of inmate sexual abuse/assault. The on-duty supervisor will immediately notify the Division commander who will notify the Director of Corrections. The chain of command may be breached in the event a supervisor is involved, in the abuse/assault. 5. Protection: Any inmate who alleges that he or she has been sexually assaulted shall be offered immediate protection form the assailant, by separating the assailant from the victim. Medical staff shall be notified so that arrangements can be made to transport the victim, under the appropriate security precautions, to a community health facility for treatment and evidence gathering. 6. Confidentiality: Information concerning the identity of the inmate reporting the abuse/assault shall be limited to those who have need to know in order to make decisions concerning the victim’s welfare and for investigative purposes PROCEDURE:

B Self-Protection: Inmates will be advised of the following; 1. Be alert and do not let fear and anxiety be obvious to others. 2. Do not accept gifts from others. 3. Do not accept an offer from another inmate to be your protector. 4. Voice your concerns and fears to a staff member. 5. Be direct and firm if others ask you to do something you do not want to do. 6. Choose your activities wisely and look for positive activities like educational or religious programs. 7. Trust your instincts. If you sense a situation is not right or dangerous, report your concerns PROCEDURE:

C. Reporting Sexual Abuse/Assault: Inmates who are victims of sexual abuse/assault have the option to report the incident to any staff member, volunteer, programs person, or Chaplin. The inmate may also contact the Division Commander or Director of Corrections via an inmate request slip, marked confidential. If an inmate reports sexual abuse/assault or a staff member witnesses any sexual act, the following procedures shall be initiated: 1. Notify the Shift Supervisor immediately. 2. The first responding Deputy shall: a. Ask preliminary questions (who, what, where, when). b. Protect life. c. Render aid. d. Secure/protect the crime scene. e. Secure/protect the evidence. f. Call for assistance, as necessary. g. Secure witnesses and suspects PROCEDURE:

D. Medical Treatment: The victim will be provided an evaluation and necessary treatment by medical personnel, to include: 1. Immediate medical care and treatment. Following initial medical care, if necessary the inmate will be referred to the hospital under the appropriate security measures. In house medical personnel will not be involved in the collection of evidence from the victim. All procedures conducted in house will be properly documented in the inmates file. 2. With the victim’s consent, the examination will include the collection of evidence from the victim, using a kit approved by the appropriate authority. Evidence collection will only be conducted by hospital personnel. 3. All examinations and counseling session will be conducted privately and professionally. 4. Provisions shall be made for testing for sexually transmitted diseases (HIV, gonorrhea, hepatitis, and other diseases) and counseling as appropriate. Prophylactic treatment and follow-up for sexually transmitted diseases are offered to al victims, as appropriate. 5. An evaluation by a mental health professional shall be conducted to assess the need for crisis intervention counseling and long term follow-up care PROCEDURE:

E. Investigation: 1. Observe all conditions, statements, remarks, and record them for the incident report. 2. Secure the scene and maintain control of physical evidence. 3. The responding deputy will contact his/her supervisor, who will contact the on-call detective. 4. Ensure the victim is seen by medical personnel and transported to the hospital, if necessary. 5. Complete the incident report, including all details of the investigation along with any additional forms that are necessary. 6. The results of the investigation findings will be made available to the Director of Corrections and other authorities and deemed appropriate, i.e., State Attorney. 7. All case records associated with claims of sexual abuse/assault including incident reports, investigate reports, offender information, case disposition, medical findings, and recommendations for post- release treatment and/or counseling are retained in accordance with the State of Florida General records Retention Schedule of retention PROCEDURE: