U.S. Department of Justice

Browsing Documents for 'Smith, Brenda V'


Topic Results by Date


Date Title Type
2014
Document 028465
Cross Gender Supervision and Legal Liability [Webinar]
By Smith, Brenda V.. U.S. Bureau of Justice Assistance (BJA) (Washington, DC). American University. Washington College of Law. End to Silence (Washington, DC); National PREA Resource Center (Washington, DC); National Council on Crime and Delinquency (NCCD) (Oakland, CA).
"This webinar focuses on the legal liability of agencies and staff when engaging in cross gender supervision and searches of people in custody." Topics discussed include: important factors for cross gender searches and supervision; the legal framework—Prison Rape Elimination Act (PREA) standards and DOJ guidance, Civil Rights of Institutionalized Persons Act, Prison Litigation Reform Act, Violence Against Women Act amendments, PREA exhaustion of administration remedies, Federal Torts Claims Act,... Read More
_blank
90 minutes
2014
Document 028478
Ending Silence: Demanding Safety from Sexual Assault Graphic Novel Series
By Bess, Caleb J.; Heinsen, Rebecca I.; Yarussi, Jaime M.; Smith, Brenda V.; Auger, Michael J., illustrator. U.S. Bureau of Justice Assistance (BJA) (Washington, DC). American University. Washington College of Law. End to Silence (Washington, DC); National PREA Resource Center (Washington, DC).
This is an excellent "series of graphic novels for adult inmates in custodial settings. These graphic novels are intended to educate inmates about how to identify and address incidents of sexual assault. The plot lines in these graphic novels dramatize situations we know occur in custodial settings. The use of graphic novels in community education projects is well established. Through presenting information through an illustrative medium, these novels aim to disseminate information about the sex... Read More
_blank
3 volumes (volume 1 – 24 pages, volume 2 – 32 pages, volume 3 – 24 pages)
2014
Document 028479
Sam Survives [Graphic Novel]
By Yarussi, Jaime M.; Smith, Brenda V.; Ross, Monica, illustrator. Ford Foundation (New York, NY). American University. Washington College of Law. End to Silence (Washington, DC).
This publication is an excellent graphic novel for male youthful inmates, those under 18 years of age, which provides them vital information about possible exposure to sexual abuse in adult correctional settings. "The novel raises several important issues including: (1) the code of silence among inmates and correctional staff in a facility; (2) beliefs about protective pairing; (3) the experience of gender non-conforming inmates; and (4) and female staff as perpetrators of sexual abuse". It is ... Read More
_blank
27 pages + 1 page
2014
Document 031373
Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, and Intersex Persons in Custodial Settings, 2nd Edition
By Smith, Brenda V.; Yarussi, Jaime M.. NIC-13CS17GKN9; National Institute of Corrections (Washington, DC). National Institute of Corrections (Washington, DC) ; Smith Consulting (Washington, DC) ; American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC) .
"In the first edition of this guide, we aimed to reach out to correctional agencies in order to help them identify, address, and respond to abuse of LGBTI individuals through agency policies and procedures. We hoped to deepen the dialogue between staff and administrators as well as community leaders and criminal justice advocates about strategies to eliminate abuse of LGBTI individuals in custody. The second edition of this guide provides updated key information to correctional agencies about PR... Read More

96 pages
2013
Document 027507
Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, and Intersex Persons in Custodial Settings
By Smith, Brenda V.; Loomis, Melissa C.; Yarussi, Jaime M.; Marksamer, Jody. National Institute of Corrections (Washington, DC). Smith Consulting (Washington, DC); American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC).
Superseded by NIC accession no. 031373. “This guide includes information that will help adult correctional facilities and juvenile justice agencies to assess, develop, or improve policies and practices regarding LGBTI [lesbian, gay, bisexual, transgender, and intersex] individuals in their custody. The guide is not meant to be a quick reference for writing policies appropriate for all agencies and/or facilities. It is intentionally vague on “how ... Read More
PDF
79 pages
2013
Document 027566
Anti-Fraternization Polices and their Utility in Preventing Staff Sexual Abuse in Custody
By Smith, Brenda V.; Loomis, Melissa C.. American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC); National PREA Resource Center (Washington, DC).
This publication is an excellent resource of case law “detailing how courts across various jurisdictions have analyzed employees’ challenges to anti-fraternization policies. Although the cases below only cover adult institutions, the tension between staff relationships and anti-fraternization policies persists in juvenile agencies as well. Agencies should be mindful that these policies can have a greater impact for female staff; note that of the twenty-six cases below, only nine implicate male ... Read More
PDF
19 pages
2013
Document 027641
The Prison Rape Elimination Act of 2003: The Impact of National PREA Standards on Community Corrections
By Yarussi, Jaime M.; Smith, Brenda V.. National Institute of Corrections (Washington, DC). American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC); National Institute of Corrections (Washington, DC).
Wondering how the Prison Rape Elimination Act (PREA) impacts the management of offenders in the community? Then this is the resource for you. This handbook aims to educate community corrections staff on: why community correctional staff and administrators need to be concerned about sexual abuse of offenders; identifying inappropriate relationships with and between offenders; the impact of the National PREA Standards on agency policies, practices and special concerns community correctional staff ... Read More
_blank
148 pages
2013
Document 026309
Addressing Sexual Violence Against Youth in Custody: Youth Workers’ Handbook on Identifying and Addressing Sexual Violence in Juvenile Justice Settings
By Smith, Brenda V.; Yarussi, Jamie M.. National Institute of Corrections (Washington, DC). National Institute of Corrections (Washington, DC); Smith Consulting (Washington, DC); American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC).
“Sexual abuse in custody can and often does have lifelong effects on youth. Youth who are sexually abused or experience sexual violence can suffer higher rates of drug use, have disproportionate contact with the criminal justice system into adulthood, become victimizers, and/or have higher rates of mental illness than youth who do not suffer sexual abuse.1 In addition, sexual abuse by staff or other youth in custody compromises safety and security as well as the overall mission of juvenile justi... Read More
PDF
78 pages
2013
Document 027277
Anti-Fraternization Policies and their Utility in Preventing Staff Sexual Abuse in Custody
By Smith, Brenda V.; Loomis, Melissa C.. National PREA Resource Center (Washington, DC); American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC).
“Many custodial facilities have implemented anti-fraternization policies that regulate contact between staff and inmates. These policies either limit, or altogether prohibit, interactions between employees and current or former inmates and their families. Correctional employees who are adversely affected by their agency’s anti-fraternization policies most often challenge these polices under the First Amendment, which guarantees the right to freedom of association. Courts generally uphold the age... Read More
PDF
19 pages
2013
Document 027275
Cross-gender Searches: A Case Law Survey
By Smith, Brenda V.; Loomis, Melissa C.. National PREA Resource Center (Washington, DC); American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC).
“Inmates and detainees retain a limited privacy right when detained in correctional settings, particularly in the context of cross-gender searches. Jurisdictions have approached the competing interests of privacy and cross-gender searches quite differently, finding liability for correctional officers, supervisors, and facilities under a variety of circumstances. These decisions are highly fact-sensitive, and the jurisprudence has evolved rapidly. This document provides an overview of cross-gende... Read More
PDF
40 pages
2013
Document 027276
Sexual Abuse in Custody: A Case Law Survey
By Smith, Brenda V.; Loomis, Melissa C.. National PREA Resource Center (Washington, DC); American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC).
“Under certain circumstances correctional officers and their supervisors can be subject to civil liability for sexual abuse of inmates and detainees under their care. Liability for sexual abuse can attach whether the abuse was perpetrated by a correctional officer, facility employee or volunteer, or by a fellow inmate or detainee. This document provides an overview of sexual abuse cases in both state and federal courts, focusing on what types of conduct most often result in individual and superv... Read More
PDF
55 pages
2012
Document 027278
Legal Responses to Sexual Violence in Custody: Using Existing State Mandatory Reporting Statutes to Improve Disclosure of Sexual Violence in Correctional Settings
By Smith, Brenda V.; Ponds, Loren; Loomis, Melissa . National Institute of Corrections (Washington, DC). American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC).
“This publication provides an introduction to mandatory reporting laws, and how these laws can help corrections officials respond to sexual abuse in custodial settings, both offender-on-offender and staff sexual misconduct. The importance of mandatory reporting laws cannot be overstated, given recent scandals involving the abuse of vulnerable populations, including youth. This publication provides insight into the utility of mandatory reporting laws, in light of the enactment of the Prison Rape... Read More
PDF
34 pages
2009
Document 024078
Labor and Employment Law: Tools for Prevention, Investigation and Discipline of Staff Sexual Misconduct in Custodial Settings
By Carle, Susan D.; Tuznik, Kathy; Brand, Aaron; Smith, Brenda V., ed.. National Institute of Corrections (Washington, DC). NIC/WCL Project on Addressing Prison Rape (Washington, DC); American University. Washington College of Law (Washington, DC); National Institute of Corrections (Washington, DC).
"In light of PREA [Prison Rape Elimination Act], as well as the development of a growing body of other law aimed at eliminating sexual abuse of persons in custody, the NIC/WCL Project has prepares this publication addressing human resources concerns related to preventing staff sexual misconduct in custodial settings” (p. 1). Sections comprising this report are: introduction; prevention—hiring, on-the-job prevention policies, specific policies in the public employment context, and implementing pr... Read More
_blank
38 p.
2009
Document 024181
Legal Responses to Sexual Violence in Custody: State Criminal Laws Prohibiting Staff Sexual Abuse of Individuals under Custodial Supervision
By Smith, Brenda V.; Yarussi, Jaime M.. National Institute of Corrections (Washington, DC). NIC/WCL Project on Addressing Prison Rape (Washington, DC); American University. Washington College of Law (Washington, DC); National Institute of Corrections (Washington, DC).
This publication provides an overview of “criminal laws explicitly prohibiting staff sexual interactions with adults and youth under correctional supervision...and examines trends in their enactment and amendment” (p. 1). Eight chapters are contained: an introduction to staff sexual misconduct—definitions; state criminal laws coverage of agencies and personnel; state criminal laws—prohibited contact; state criminal laws—defenses to staff sexual misconduct; state criminal laws—criminal penalties;... Read More
_blank
56 p.
2007
Document 022473
Breaking the Code of Silence: Correction Officers' Handbook on Identifying and Addressing Sexual Misconduct
By Smith, Brenda V.; Yarussi, Jaime M.. National Institute of Corrections (Washington, DC). NIC/WCL Project on Addressing Prison Rape (Washington, DC); American University. Washington College of Law (Washington, DC); National Institute of Corrections (Washington, DC).
Critical issues related to staff sexual misconduct with offenders are discussed. Sections of this handbook are: introduction; the need to talk about this now; what staff sexual misconduct entails; consequences of staff sexual misconduct; how correctional environments enable sexual misconduct; victimization; communication, gender, and abuse histories; tools for defining and identifying inappropriate relationships with offenders; what happens when an allegation of staff sexual misconduct is made;... Read More
PDF
119 p.
2006
Document 021767
Policies Prohibiting Staff-Felon Relationships
By Smith, Brenda V.; Simonian, Nairi M.. National Institute of Corrections (Washington, DC). NIC/WCL Project on Addressing Prison Rape (Washington, DC); American University. Washington College of Law (Washington, DC); National Institute of Corrections (Washington, DC).
Case law concerning the relationships of correctional officers and inmates in prison or in the community is discussed. Sections of this memorandum include: background; brief answer -- it is permissible to limit staff inmate relationships; case law in the Ninth Circuit; Freedom of Association case law in other jurisdictions; exceptions to the majority view; and conclusion with seven tips for developing a policy prohibiting staff-offender relations.... Read More
PDF
15 p.
2005
Document 021247
Presentations Given at the New England Council on Crime and Delinquency: Prison Rape Elimination Act Training
By Smith, Brenda V.. National Institute of Corrections Academy (Longmont, CO); Washington College of Law (Washington, DC).
Materials for use in training about the Prison Rape Elimination Act (PREA) can be found at this website. Four items available here in PowerPoint and PDF formats are: The Prison Rape Elimination Act of 2003; PREA -- Implications for Community Corrections; Legal Issues in Addressing Prison Rape in Community Corrections; and State Law Maps.... Read More
_blank
84 p.
NOTE: This may not be a complete listing of documents available for this topic. Only current and publicly available documents are available on our website. Contact our free Help Desk to find out what else might be available for this topic.


General Topics

The documents in our online library have been "tagged" with keywords that relate the major topics they address. You can explore those tags by opening the larger categories listed below. Clicking on a "tag" or topic will give you a list of all the related material on our website. If you are having trouble finding good material, contact our help desk. They have access to thousands of documents not available online.

Administration

Facilities

Funding

Justice System

Misc.

Offender Management

Offender Services

Personnel

Reentry

Special Offenders

Statistics & Research