Prison Rape Elimination Act (PREA)

A guide to incorporating PREA into company policy

Disclaimer

These documents are a sample that has been provided in order to advance the public interest for educational and guidancepurposes only. It is not standard or a model form and should not be used as such. Because this document has been drafted to meet the unique program needs of the organization and to satisfy specific requirements applicable to the organization, the actual content of a particular document may not be appropriate for your organization. Therefore, while this document may serve as an excellent starting point for drafting or revising similar documents, independent judgment, funding source approval, and where appropriate, the advice of competent legal counsel is strongly recommended.

Disclaimer

39. ABUSE POLICY 4-ACRS-6A-05

1.0PURPOSE

In accordance with the Prison Rape Elimination Act (PREA) CSI has a zero tolerance for sexual, physical or psychological abuse. Sexual, physical or psychological abuse is prohibited and may be unlawful. Such behaviors are detrimental to the wellbeing of our clients and contrary to the goals of the program and company. Any person who becomes aware of or suspects sexual, physical or psychological abuse/assault is or has occurred must report it immediately to the Program Director or higher authority within the company. Where action by other agencies is deemed inappropriate CSI reserves the right to act where it is in the best interests of the company (PREA 115.211, 115.251).

2.0GENERAL DEFINITIONS

2.1Inmate-on-Inmate Sexual Abuse/Assault is: one or more inmates engaging in, or attempting to engage in a sexual act with another inmate or the use of threats, intimidating, inappropriate touching, or other actions and/or communications by one or more inmates aimed at coercing and/or pressuring another inmate to engage in a sexual act (PREA 115.6)

2.2Staff-on-Inmate Sexual Abuse/Assault is: engaging in, or attempting to engage in a sexual act with any inmate or the intentional touching of an inmate’s genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abuse, humiliate, harass, degrade, arouse, or gratify the sexual desire of any person (PREA 115.278(g)).

2.2Staff Sexual Misconduct is: sexual behavior between a staff member and an inmate which can include, but is not limited to indecent, profane, or abusive language or gestures and inappropriate visual surveillance of inmates.

2.4Sexual abuse includes:

Sexual Fondling: The touching of the private body parts of another person (including the genitalia, anus, groin, breast, inner thigh, or buttocks) for the purpose of sexual gratification. Verbal statements, comments or jokes of a sexual nature.

Sexual Misconduct (Staff Only): The use of indecent sexual language, gestures, or sexually oriented visual surveillance for the purpose of sexual gratification.Note: Sexual acts or contracts between a client and staff member, even when no objections are raised by either party, are always forbidden and illegal. Accordingly, except in cases where staff are clearly the victim of client sexually abusive behavior, sexual behavior between staff and clients is always the staff member’s responsibility.

Sexual Assault with an Object: The use of any hand, finger, object, or other instrument to penetrate, however slightly, the genital or anal opening of the body of another person.Note:This does not apply to medical personnel engaged in evidence gathering or legitimate medical treatment.
Rape: The carnal knowledge, oral sodomy, or sexual assault with an object or sexual fondling of a person forcibly or against that person’s will. The carnal knowledge, oral sodomy, or sexual assault with an object or sexual fondling of a person not forcibly or against the person’s will, where the victim is incapable of giving consent because of his/her youth or his/her temporary or permanent mental or physical incapacity; or the carnal knowledge, oral sodomy, or sexual assault with an object or sexual fondling of a person achieved through the exploitation of the fear or threat of physical violence or bodily injury.
Carnal Knowledge: Contact between the penis and vulva or the penis and the anus, including penetration of any sort, however slight.
Oral Sodomy: Contract between the mouth and the penis, the mouth and the vulva, or the mouth and the anus.
Possession of drawings, cartoons or writings of a sexual nature.
Physical activity mimicking sexual activities.
Possession of sex toys or devises.
Requests or demands for sexual activity.

2.5Physical abuse includes:

Physical contact with the intent of causing pain or discomfort.
Corporal punishment.
Physical coercion to obtain some benefit from the victim.

2.6Psychological abuse includes:

Demeaning words or statements.
Threats against the wellbeing of the victim, their family or property.
Hate speech.
Isolating, excluding or other rejecting behaviors.

3.0PREA COORDINATOR (PREA 115.211 (b))

3.1The PREA Coordinator is an additional duty to the Chief Operating Officer’s Quality Assurance Coordinator. The PREA Coordinator reports to both the CEO and COO on all issues related to sexual harassment/abuse whether substantiated or not. The PREA Coordinator’s duties include:

Being the point of contact and reporting of any allegation of sexual assault or abuse.

1) The PREA Coordinator and/or at least one Human Resource staff person will be trained in conducting sexual harassment/abuse investigations and will be responsible for conducting those investigations on behalf of the agency.

Working with all departments to develop and implement a training plan that fulfills the PREA training standards, including training for appropriate staff on how to detect/assess signs of sexual abuse, evidence preservation, appropriate responses, etc.

Monitoring defendant/offender screening procedures and investigations, each investigations will be assigned a case number to initiate the data collection process,according to the PREA standards; including, but not limited to ensuring staff and client are free from retaliation for reports of sexual harassment/abuse (PREA 115.267, 115.282(b)). If an individual who cooperates with the investigation and express fear of retaliation shall take appropriate measures to protect against retaliation (PREA 115.267). Monitoring will occur for 90 days post claim. Monitoring will terminate if the allegations is found to be unsubstantiated. Monitoring will include:

-Recent discipline reports

-Housing changes

-Periodic status checks

-Program changes, negative case notes or progress reports

-Staff reassignments

-Negative performance reviews

Overseeing audits of the agency’s compliance with PREA standards. Coordinating access to client and staff records for external auditors and ensuring timely response to any findings.

The PREA coordinator will work with staff to analyze sexual abuse data and make recommendations for improvements.

1)Analysis will include a review of critical incidents within 30 days of the conclusion of any critical incident. The team should note any facility group dynamics that may have contributed to such incident. Recommendations for subsequent policy change should be made when appropriate, with the input of Human Resources and the Program Director (PREA 1153.286(b) (c)). An examination of areas in the facility where sexual abuse has occurred or may be likely to occur.

2)The analysis will determine if physical barriers may allow the abuse to go undetected, the adequacy of staffing levels in those areas during different shifts, and the need for monitoring technology to supplement facility staff supervision.

The PREA coordinator will supervise CSI’s data collection process. At least annually, the PREA coordinator will ensure a report is prepared that details sexual abuse findings and corrective actions for each program and CSI as a whole (PREA 115.287).

The annual report will include a comparison of the current year’s data and corrective actions with those from prior years.

The report will provide an assessment of the company’s progress in addressing sexual abuse (PREA 115.211, 115.213, 115.218)

4.0ASSESSMENT/PLANNING

4.1Upon referral the client’s referral package is reviewed for indicators of either a history or indicators of previous abuse or predatory behavior. The client is either accepted or denied as appropriate. Risk factors are considered in housing the client upon arrival.

4.2Risk Factors for victimization include clients that are:

Transgender/transsexual.
Sex offenders.
Homosexual.
Bisexual.
Younger than the general population.
Frail, small of stature or petite.
Mentally ill.
Developmentally disabled.
Physically, mentally, cognitively or communicatively impaired.
First time offender.
Has a history of sexual abuse/victimization.

4.3Rick factors for predation:

History of previous behavior.
Long history of incarceration.
Large physical size.
Aggressive demeanor.

4.4Upon arrival and during intake any further risk factors are brought to the Program Director for evaluation and possible further actions (PREA 115.241).

5.0REPORTING

5.1Clients may report abuse verbally or in writing to any staff member. Clients may report sexual abuse/assault at any time regardless of when the alleged event occurred. Persons with Limited English Proficiency or other impairments to comprehension or communication will be provided every reasonable assistance in reporting an incident. Under limited circumstances were an extended delay in obtaining a effective interrupter could compromise the resident’s safety, the performance of first response duties or the investigation of the resident’s alleged actions, CSI staff may rely on resident interpreters, resident readers, or other types od resident assistants (PREA 115.216(c), 115.261). Reports may be made anonymously by telephone or using the Suggestion/Complaint Box. The victim or a third party may make the complaint but regardless of who makes the complaint, it must be taken seriously and reported. Pending investigation, it is mandatory that every reasonable effort be taken to protect the victim from further abuse. This may include isolation of the victim until further measures can be taken, transfer of the victim or alleged abuser, etc.

5.2Staff witnessing abusive activity, where all parties affirm that their participation was consensual, are still reported.

5.3Staff must notify the Program Director as soon as possible, but not later the 72 hours from initial report, of the report and then complete an Incident Report. Care must be taken to unauthorized people are not privy to the information. Generally, entries are not made in the Program Log unless specifically directed by the Program Director. Should the report of abuse be against the Program Director, staff will report the incident to the Area Director or higher authority. The PREA coordinator will get copies of all associated documentation including but not limited to, the initial incident report (PREA 115.263).

5.4Where a person wishes to file a criminal complaint, nothing in the policy precludes or in any way impinges upon that person’s rights to contact law enforcement (Dial 911) and make such a complaint.

5.5Staff are responsible for detecting sexually, physical or psychological abusive behaviors and intervening.

Unchecked sexual acting out (e.g., swatting someone on the buttocks, sexually suggestive comments, etc.) can lead to more serious sexual offending (e.g., rape).

b. Through actively paying attention to client “gossip,” listening to client comments to staff, reading case files, watching clients interact, being observant for unexplained physical injuries, being alert for changes in client behavior (e.g., eating, sleeping, hygiene, or work habits, etc.), and monitoring isolated areas of the facility, staff are able to better detect abusive behavior, and possibly deter problems before they occur, or before they escalate.

5.6Retaliation for reporting abuse/assault is strictly prohibited (PREA 115.216, 115.251, 115.252)

6.0INVESTIGATION

6.1Upon receiving a complaint, staff must attempt to determine if there is the possibility that physical evidence of the act may remain (PREA 115.264). If the victim reports that the act has just occurred or it occurred in the very recent past (generally within the last 96 hours), staff:

Requests the victim not to urinate, defecate, wash, shower or change clothing until examined and ensures the abuser follows the same protocol
Secures the area where the act took place to protect any physical evidence.
Notifies the Program Director/Duty Officer.

6.2Where there is a belief that a criminal act may have taken place, the Program Director/Duty Officer directs the notification of law enforcement for criminal investigation (PREA 115.271). The PREA Coordinator will be the point of contact with the investigating agency.

6.3Where there is no evidence that a criminal act occurred or the victim refuses to cooperate or file a complaint, the Program Director appoints a qualified person to investigate the allegation to the point that it is reasonable to believe sexual abuse/assault may have occurred. At that point all investigative activities cease. The referral source of the client is contacted immediately for further guidance.

6.4Whether the victim does or does not want to file a criminal complaint or provide information to the investigator, the Program Director assures local resources for medical, mental health and victim advocate support are made available at no expense to the client.

(PREA 115.221 (a), (d), (e))

7.0NOTIFICATIONS

7.1FBOP Clients: When probable cause exists to believe an incident has occurred, stop the investigation and notify the RRM for further guidance.

7.2Juvenile Clients: Immediately notify the CT Department of Children and Families.

7.3DOC Clients: When probable cause exists to believe an incident has occurred, notify DOC and continue the investigation.

7.4CSSD Clients: When probable cause exists to believe an incident has occurred, notify CSSD and continue the investigation.

7.5Previous Institutions/Facilities: When the investigation is complete notify the head of the previous institution/facility of the suspected/alleged involvement of their institution/facility in the incident (PREA 115.217 (h)).

8.0ASSESSMENT

8.1After any investigation, all facts of the event are forwarded to the Chief Operating Officer (COO) for staff review and any action(s) that may be taken to preclude future incidents or minimize risk to clients and staff.

8.2All persons reporting incidents will be monitored by the COO or designee for at least 90 days after the incident is closed to ensure there is no retaliation taken for reporting the incident.

8.3At least annually all reported incidents from within the company and any lessons learned from referral sources and other agencies are assessed for applicability and possible procedural changes (PREA 115.288).

9.0TRAINING

9.1All staff, volunteers and interns must be trained to recognize and report abuse prior to their working with clients (PREA 115.231, 115.232).

9.2All clients must be advised during their initial intake on the company policy against abuse and how to report abuse.

9.3PREA specific training during orientation will include: CSI’s zero tolerance policy

on sexual abuse and harassment; prevention, detection, reporting, and responses to sexual

abuse or assault allegations or observations; the rights of clients and staff in reporting

allegations and to be free from retaliation; the dynamics of sexual abuse and harassment

in confinement; how to detect and respond to signs of threatened and actual abuse; how

to avoid inappropriate relationships with clients, appropriate communication with

clients (including lesbian, gay, bisexual, and transgender clients); and how to comply

with relevant laws regarding reporting of sexual abuse (PREA 115.231, 115.232, 115.233).

Community Solutions, Inc.

Code of Ethics

Community Solutions, Inc. (CSI) maintains high standards of professional conduct and ethics. Employees must agree to comply with these standards which are in addition to CSI Personnel Policy on Professional Conduct and Responsibilities. For purpose of the Code of Ethics, staff includes consultants, volunteers, and interns: clients include adults, juveniles, and co-clients.

Staff must maintain clear and professional boundaries in their relationships with clients and their families and associates, avoiding over-familiarity.

Staff must conduct themselves in a manner so as not to bring discredit upon themselves, CSI, the state or Federal governments and ensure the public confidence.

Staff must avoid compromising relationships and guard against both inappropriate interactions, i.e. sexual, physical, emotional and financial, with clients, former clients, their families and associates, and the appearance of impropriety (PREA 115.216).

Staff shall not display favoritism or preferential treatment of one client, or group of clients, over another. No staff will act in their official capacity in any matter in which they have personal interest that could in the least degree impair their objectivity or secure privileges for themselves.

Staff may not receive, convey or allow the receipt or conveyance of any message or item for any client except through authorized channels.

No staff will use their position to promote any partisan political purpose nor will they become involved in any other employment or affiliation which conflicts with the goals and objectives of the CSI or which interferes with the employee’s job duties.

Staff members must never knowingly accept for themselves or any member of their family any personal gift, favor, or service, including client labor, from a client or from any client’s family or close associate, no matter how trivial the gift or service may seem. In addition, no staff shall give any gifts, favors, or services to clients, their families or close associates. Business relationships of any nature with the above persons are also prohibited.

No employee shall have any outside contact (other than incidental contact) with clients, former clients, their families, or close associates except for those activities which are an approved, integral part of the employee’s job description.

Staff will report without reservation, any criminal or unethical behavior which could affect a client, another staff member or the integrity of CSI. There will be no reprisal to staff who report violations of the Code of Ethics including incidents of waste, fraud, abuse and any other questionable activities and practices.

Staff are prohibited from possessing or using drugs or alcohol while on duty and must ensure they are not under the influence of such while working. Prescription drugs and narcotics being used under the supervision of a doctor must be reported to their supervisor.

Use of indecent, profane, abusive, humiliating or ridiculing language by staff toward any other person is prohibited.

Staff will not discriminate against any client, employee, or prospective employee on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, age, marital status, veteran status, disability or sexual orientation (PREA 115.216).

Staff will maintain the confidentiality of private information; they will neither seek personal data beyond that needed to perform their responsibilities, nor reveal case information to anyone not having proper professional use for such.

Each staff member will be diligent in their responsibility to record and make available for review all case information which could contribute to sound decisions affecting a client or the public safety.
In any public statement, staff will clearly distinguish between those that are personal views and those that are statements and positions on behalf of CSI.
Relationships with colleagues will be of such character as to promote mutual professional respect within CSI.
Posting, solicitation or collection for any purpose is prohibited without prior approval by CSI.
Staff will respect the importance of all elements of the criminal justice and child welfare system and cultivate professional cooperation with each segment.
Staff will respect and protect the right of the employees as well as the public to be safeguarded from criminal activity (PREA 115.216).
Staff will not misrepresent/falsify any information or documentation to any CSI representative or representative of any law enforcement or criminal justice agency.
Staff must comply with applicable laws and standards of care, including those applicable to documentation and submission of claims to governmental programs. Staff must know or believe the information contained in a claim or statement he or she submits on behalf of the Company is correct. Staff cannot, either deliberately or carelessly, ignore questionable information in a claim submitted on behalf of the Company. Staff will report without reservation any knowledge or suspicion of intentional deception or misrepresentation of billing information for Medicaid or other funding sources by contacting the CSI Internal Auditor and VP Administration at 860-231-2204 or by e-mail to
Staff must cooperate with any investigating agent from CSI or from the state or federal government including providing any requested statement or affidavit as allowed by CSI Privacy Policies
All financial practices of CSI will follow generally accepted accounting and auditing standards.
The business and marketing practices of CSI will follow the principles conveyed in the Code of Ethics and accepted professional standards.

VIOLATIONS OF ANY OF THESE AREAS MAY BE GROUNDS FOR DISMISSAL