Addressing Allegations of Staff Sexual Misconduct with Inmates National Institute of Corrections & Washington College of Law March , 2005

MODULE 10: Investigating Allegations of Staff Sexual Misconduct with Offenders March 9, 2005

Foundations of Successful Investigations  Strong and clear policy on zero tolerance for misconduct  Sexual misconduct policy  Training of staff and offenders about policy  Explain and demystify the investigative process  Keep offender involved in process

Foundations of Successful Investigations  Staff, offenders, and community partners view process as credible  Legal / Judicial partners view processes in compliance with applicable laws and criminal procedures  Defined as public safety/ security issue for individuals, institution, and community partners  Reasonable assurances of retaliation control against offender, witnesses, and community partners

Confidential Internal Affairs Records  All investigative records and reports of the internal affairs division of the department of correction or of the department of children’s services shall be treated as confidential and shall not be open to inspection by members of the public.

Investigative Considerations  Who conducts the investigations -In-house/ External Investigations - Agency Personnel - Outside Law Enforcement - Private - Onsite - Institution / Work Release Facility - Probation, Parole, Community Corrections Field Office - Off-site - Offender’s residence / Work-site - Officer’s residence / selected site - Remote locations

Investigative Considerations  Gender and ethnicity of investigative team members  Expertise / qualifications of investigative team members  Logistics of managing crime scene  Community / partnership issues  Size of system

I consent to your release of any and all public and private information that you may have concerning me, my work record, my background and reputation, my military service records, educational records, my financial status, my criminal history record, including any arrest records. Investigator Applicant Background Investigation Release

Any information contained in investigators files, efficiency ratings, complaints or grievances filed by case, either criminal or civil, in which I presently have, or have had an interest, attendance records, polygraph examinations, and any internal affairs investigations and discipline, including any files which are deemed to be confidential, and/or sealed. Investigator Applicant Background Investigation Release

 …I understand my rights under Title 5, United States Code, Section 552a, the Privacy Act of 1974, with regard to access and to disclosure of records, and I waive those rights with the understanding that information furnished will be used by the TDOC IA in conjunction with employment procedures… Investigator Applicant Background Investigation Release

Criminal History List all other states where person has resided or worked: List all alias/maiden/legal names used :List all alias/maiden/legal names used :

Specific and Effective Policy A. Sexual misconduct by a staff member with an inmate shall not give rise to discipline of an inmate for the inmate’s participation in the incident. Nothing in this subsection shall prohibit discipline of an inmate for criminal conduct by the inmate toward or against a staff member, contract employee or __________ employee.

Investigative Techniques  Move quickly but not hastily  Provide direct access to investigative officer “hot line” that accepts collect calls from offenders, co-habitants, families, and community partners Get detailed interviews and written statements From complainant From anyone in a position to corroborate - offender colleagues, employer, employees, treatment providers, family members, and staff colleagues

Adapt Investigation Procedures For Facility / Office Design

 …You have the right to remain silent. Refusal to provide a statement will not result in adverse job action.... Miranda - Criminal Investigation Warnings (Employee)

...You are entitled to all the rights and privileges guaranteed by the laws and the constitution of this state and the United States, involving the right not to be compelled to incriminate yourself. I further wish to advise you that refusal to testify or to answer questions relating to the performance of your departmental duties could result in your dismissal from the department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent departmental charges... Garrity - Administrative Investigation Warnings

 …At this time I am going to question you regarding (type of investigation). This questioning concerns administrative matters relating to the official business of the department. I am not questioning you for the purpose of instituting any criminal proceeding against you. During the course of the questioning, even if you do disclose information which indicates that you may be guilty of criminal conduct, neither your statements nor the fruits (products, results, etc.) of any statement you make will be used against you in any criminal proceedings... Garrity - Administrative Investigation Warnings (cont)

Sample Interview Questions  What do you know about the staff member?  What type of vehicle does s/he drive?  What are the staff member’s hobbies? Days off?  Where did the staff member go on vacation?  What type of home does the staff member have?  Does the staff member own his/her home or rent?  What type of music does the staff member like?  What are the names of the staff member’s family members, wife, kids, friends, pets?  Where doe the staff member live?  What is the staff member’s telephone #?

Sample Interview Questions  Do you know the staff member’s financial status?  To whom does the officer owe $?  Has the staff member ever give you cards, tokens, notes, photos?  Describe the staff member’s physical characteristics? Hair pattern on body Type of underwear Bellybutton Scars Moles Tattoos / piercing Circumcised / uncircumcised Hygiene Skin pigmentation

Sample Interview Questions  When did your relationship begin?  Did sex occur?  When / Frequency?  Where did sex take place?  Did ejaculation occur?  Who was the last person you saw before the act took place?  Who was the first person you saw after the act took place?  Have you told anyone about this?  Description of area where event took place? Detail Locks Keys Announcements Radio transmission

 KD: Okay, when ya’ll went into the laundry room this night, was the light, were the lights on or off?  RH: Off.  KD: Off. Okay and when ya’ll went in there did you say ya’ll started talking a little bit and then what happened?  RH: I kissed her, touched on her, stuff like that, it happened we just did it then, talked and kissed on her.  KD: Did you start unbuttoning her pants or did she start unbuttoning your pants or how did that work?  RH: She just unbuttoned her pants.  KD: And you said that ya’ll had sex on the floor and she was kind of on her knees.  RH: Yeah …. Inmate Interview: Thorough and Detailed

……  KD: In what they call the doggy style position?  RH: Yeah.  KD: Okay, and about how long did ya’ll have sex?  RH: I don’t know, it wasn’t even that long, it wasn’t no more five minutes.  KD: No more than five minutes?  RH: Yeah.  KD: And did you climax?  RH: Yeah.  KD: And did she climax?  RH: I’m not for sure.  KD: Okay, did you use protection?  RH: No. Inmate Interview: Thorough and Detailed

Investigative Techniques  Use resources available in correctional and community settings Property and room search of offender Offender account activity Telephone activity Mail Records –logbooks, roll calls, medical records if permitted Potential Witnesses

Investigative Techniques  Remember possibility of physical evidence Blood Semen Saliva Skin hair

Investigative Techniques  Consider aggressive techniques Body wire Electronic monitoring and recording equipment Controlled calls Dialogue-approach-discussion Polygraph examinations of staff and offender to assess credibility

Investigative Techniques  Take it to the community - Release Home confinement Probation Parole Family members of offender Former offenders

 Administrative  Subpoena  Search Warrant  Consent Search Investigative Resources

 Information Technology Resources and Services Use Agreement  Acceptable Use of Internet and Electronic Mail  Authorization for Release of Information

Evidence ?

Evidence ? Evidence ?

Office Search: Significant ?

 According to Ms. Betty Fort - Office Manager for OB-GYN (615) :  “HM36319 is an account number for OB-GYN Houston Moran. Ms. Fort Verified that subject … did have that account # assigned to her and these are images from her ultrasound. Cell Search: Worth Time/Effort ?

Inmate Telephone System Monitoring / Records

SS:Yeah we can go. We’re gonna do a lot of things when you get out. We’re gonna always have something planned. JC:Girl yesterday my partner went to visit and after he come back from visit he said man you know what those people be playing some powerful games down front there. I said what happened. He said my little daughter came up and when she came up she asked me who this certain woman was and I told her who it was and she said, he asked her why she said because I saw her picture and I saw her visiting thing and I saw a letter that he wrote with the visiting application that said that she wanted to spend her life with you and that she had big plans for you all for when you got out and stuff. I said damn you mean they disclose all of that. That’d been messed up if a n##### was trying make a sneak wouldn’t it. SS:Huh huh JC: Cause I know his fiancée is seeing him and she … that’s wild man. SS:Huh uh.... Inmate Telephone System Monitoring/Records

JC: What you would do if you seen some shit like that on mine? SS: Clock, clean out. So clean out. JC: Hey wait a minute. SS: You shouldn’t be trying to make no sneak. JC: Huh. SS: If you happy with watcha got you need to move on. JC: Huh huh. SS: Forget playing games with folks that’s how people get killed how people get hurt, forget that. JC: Do you love me girl? SS: I love you boy. Inmate Telephone System Monitoring /Records

Visitation Records

Vital Records: Extremely Vital !!!

Managing the Offender  Offenders’ Perspective  Complex Motives of Complainants  Ability to Relate to the Complainant  Pace  Offender Management Pending Investigation

Managing Staff  Written Reports  Confidentiality  Interview with Detailed Notes  What to do with Accused Staff Member Reassign Administrative Leave w/o pay Allow to resign E.A.P. referral

Why Investigations Fail Administrative Reasons  Weak policy  Lack of support from the top  Poor teamwork  Poor Recordkeeping

Why Investigations Fail  Process Leaks Uncooperative complainants Complainants with limited mental capacity Uncooperative staff – code of silence

Why Investigations Fail  Poorly trained investigators  Limited evidence  Lack of commitment to task  Poor linkages/ coordination Law enforcement Mental health Medical Prosecution

Remember!  Be tenacious.  Be creative.  Be intelligent.  Keep good records.  Know the law.  Bring in other skill sets – lawyers, physicians, forensics, treatment partners, and available community resources

REMEMBER “ THERE IS NO RIGHT WAY TO DO WRONG!!