Prison Rape Elimination Act

1. Prison Rape Elimination Act Staff Development Emergency Operations

2. Performance Objectives • Identify 6 costs to society incurred as a result of sexual assaults inside prison • Identify the purposes of the Prison Rape Elimination Act (PREA)

3. Performance Objectives • Identify 5 benefits of reducing the number of sexual assaults in prison • Understand the goals and objectives of the Sexual Assault Response Team (SART)

4. ACA Standards • Revise intake screening requirements to identify potential victims or potential predators • Require that an investigation be conducted and documented whenever an assault or threat of assault is reported

5. ACA Standards • Require that offenders with history of sexually assaultive behavior are assessed by mental health or other qualified professionals • Those with a history of sexual assaultive behavior are identified, monitored and counseled • Require offenders at risk for victimization be identified, monitored and counseled

6. PREA Calls For • The gathering of national statistics about the problem • The development of guidelines for states about how to address sexual assaults/violence

7. PREA Calls For • The creation of a review panel to hold annual hearings • The provision of grants to states to combat the problem

8. Costs To Society • Increased costs to administer prison systems • Levels of violence go up • Health care expenditures are increased (AIDS, injuries, etc.) • Mental health care expenditures are increased (PTSD) • Risks of recidivism (The cycle of crime continues) • Interracial tensions increase (when the victim and perpetrator are of different races)

9. PREA Recommendations • Zero tolerance • Elimination of sexual assault – top priority • Detection, prevention, reduction, punishment • Increase data • Standardize definitions • Increase accountability of prison officials • Increase efficiency and effectiveness of federal expenditures • Reduce the costs that sexual assaults in prison imposes

10. IDOC Policy and Procedure • Includes zero tolerance for all forms of sexual conduct between offenders and staff, volunteers, contractors, visitors or other offenders. Sexual conduct includes: abusive sexual contact against another offender, staff, contractor, visitor or volunteer; nonconsensual sexual act against another offender, staff, contractor, visitor or volunteer; staff/contractor/volunteer/ visitor sexual harassment; and staff/contractor/volunteer/ visitor sexual misconduct. • Defines sexual assault. • Prohibits inappropriate contact with offenders: Policy 04-03-103.

11. IDOC Policy and Procedure • Refers to Indiana Code 35-44-1-5 that criminalizes sexual contact between staff and offenders. • Policy 02-01-115 establishes procedures for sexual assault prevention and reporting. • Policy 03-02-103 establishes procedures for child abuse and neglect reporting.

12. IDOC Policy and Procedure • Issues an educational brochure to offenders and to staff. • Has concrete procedures for identifying inappropriate • sexual behavior, including nonconsensual sexual acts, • abusive sexual contact, sexual misconduct, sexual • harassment, and actions to take when such behavior • is identified. • Although the IDOC does not condone consensual sexual acts between offenders, the IDOC recognizes and reports consensual sexual acts between offenders.

13. Sexual Assault Response Team (SART) Each Facility Head shall establish a Sexual Assault Response Team (SART). A SART provides a coordinated, efficient and supportive response to victims of sexual assaults. The members of the SART will provide a full range of comprehensive services to sexual assault victims who have made the decision to report a sexual assault. Persons assigned to the facility’s SART shall receive specialized training in providing comprehensive services to victims of sexual assaults.

14. Goals and Objectives of SART • Meet the needs of the victim with crisis intervention • and support services. • Provide a comprehensive forensic examination • for abuse victims. • Provide a joint, effective, sensitive approach to victims of • sexual assaults. • Document and preserve forensic evidence for potential • prosecution. • Conduct investigations of the crime from notification • through prosecution.

15. SART Members and Responsibilities • Staff designated as First Responders • Internal Affairs Investigators • Sexual Assault Nurse Examiners (SANE) • Victim Advocates • Local Prosecutors

16. Offender Intake into Department • Assess offenders within 24 hours of admission to Department’s intake unit • Assessment includes Sexual Violence Assessment Tool (SVAT)

17. Housing Facility Assessment • When transferred from intake or another facility, receiving facility determines if offender has been assessed according to administrative procedures • If offender hasn’t been assessed in the past 12 months, staff ensure an assessment is conducted

18. Housing Facility Assessment • Assessment includes: • A review of offender’s record • Application of Sexual Violence Assessment Tool (SVAT) • An interview, if necessary, to determine whether offender is a “likely PREA predator” or a “likely PREA victim”

19. Housing Facility Assessment • Offenders identified as “likely PREA predators” may be housed in Administrative Segregation • Offenders identified as “likely PREA predators” shall not be housed in the same cell or in a bed adjacent to offenders who are identified as “likely PREA victims”

20. Housing Facility Assessment Offenders identified as “likely PREA victims” may be housed in Protective Custody or other assignment that reduces the likelihood of sexual victimization

21. Observable Signs of Sexual Assault • An offender who has difficulty, or pain while walking or sitting • An offender who has unusual bruises or marks that may indicate assault • Bloody clothing, especially in the seat of the pants or underwear • Bloody linen • Frequent requests by the offender to see health care staff • Frequent requests for laundry exchange

22. Environmental Signs of Sexual Assault • Offender group approaching single offender • Rumors • Unaffiliated offenders with organized offenders • Single offenders who defy the norm “snitching” • A decrease in interest in normal activities • Withdrawal from social activities • Attitude change by an offender • Offenders who loiter or congregate in blind spots (areas not readily observable by staff)

23. Reporting Inappropriate Sexual Conduct • If signs are observed a report shall be made • An incident report shall be made • Offenders shall be encouraged to report • Offenders shall be made aware of how to report • Offenders shall be able to report to any staff member

24. Reporting Inappropriate Sexual Behavior • Any staff person, volunteer, or contractor has a duty to report • Staff shall ensure that both their Facility Head and Internal Affairs are notified • Facility Head will submit a Report of Critical Incident • If a juvenile is involved, a report shall be made to Child Protective Services

25. Investigation of Inappropriate Sexual Conduct • When a report is received, the alleged victim and alleged perpetrator shall be physically separated • Protective custody or administrative segregation is an option Shift Supervisor shall inform Facility Head, SAPP Coordinator, Internal Affairs, Medical and Mental Health Care staff.

26. Investigation of Inappropriate Sexual Conduct Facility Internal Affairs staff or Central Office Internal Affairs staff shall conduct an investigation

27. Crime Scene & Evidence Preservation • Primary duties are to provide safety for the victim and preserve evidence • Primary source of evidence is the victim • If within 96 hours of the incident, staff will preserve as much evidence as possible • Victim should not shower, brush teeth, use toilet • Questioning of victim following prescribed guidelines

28. Crime Scene & Evidence Preservation • Perpetrator shall be ordered to follow the same actions as victim with regard to clothing, toilet, showering, etc. • Gather all clothing worn during the assault • Collection of evidence will follow a strict procedure • State form 2287: “Chain of Custody Evidence Card” to be used

29. CONFIDENTIALITY “Employees shall not release any information concerning other employees or offenders of the Department without proper authorization” IDOC POLICY 04-03-103

30. Post Traumatic Stress Disorder (PTSD) • Acute Phase Signs • Long Term Effects

31. PTSD Acute Phase Signs • Fear at inappropriate or unusual times • Anger at inappropriate or unusual times • Outward emotional responses including: • Talkativeness • Tenseness • Crying • Trembling • Shock • Disbelief • Dispassion • Quiescence

32. PTSD Long Term Effects • Mental re-experiencing of the assault • Aversion to sex • Anxiety • Phobias • Depression • Nightmares • Suspiciousness (paranoia) • Sleep disorders

33. Medical and Mental Health Services… • If an allegation is of inappropriate sexual conduct, the • victim shall be referred to the facility’s Health Care staff for • examination in accordance with HCSD 2.30 and the Health • Care Sexual Assault Manual. • Offender victims shall be provided access to approved outside • victim advocates and/or Mental Health professionals for • support services related to sexual abuse. • Victims have the right to refuse medical and/or mental health care, • after receiving counseling about the potential value of the services • they would receive and information about confidentiality. • Should the offender refuse or decline medical treatment the • offender shall sign a REFUSAL OF TREATMENT form which will be • documented in the offender’s Health Care record.

34. Victim Support • Be professional • Offer protection from the perpetrator • Advise victim that an investigation will be conducted • Refer victim to mental health staff as needed • Offer counseling and support services • The Sexual Assault Prevention Committee shall review the alleged victim’s PREA Victim Likely flag status and determine if a change in the flag’s status is necessary • Review victim’s housing/work assignments • May arrange for counseling in the community upon release

35. Offender Education Program • Verbal and written information • Advised of consequences for inappropriate sexual conduct • Offenders are provided a brochure advising them of potential dangers of inappropriate sexual conduct or harassment • How to report victimization

36. Sexual Assault Prevention Coordinator, Committee, and Statistical Reporting The Sexual Assault Prevention Coordinator and Committee oversees sexual assault prevention and reporting at each facility, and gathers data for statistical reporting.

37. Benefits of Reducing Sexual Assaults • Increased security • Cost savings • Increased job satisfaction • Fewer suicides • Fewer reports • Reduced tension among offenders

38. You have completed the module on the Prison Rape Elimination Act. Please review the module again if you have any questions, or proceed to the next module. Staff Development Emergency Operations