American University - Washington College of Law (Washington DC)
Results from a survey on sex offenders registry are provided. Questions asked are:
- Citation(s) of statutes(s);
- Registrable offenses with citations;
- And the state agency responsible for maintaining sex offender registry.
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; what are your rights during a staff sexual misconduct investigation; the legal consequences; prevention; and conclusion. Also included is a copy of the "50 State Survey of Criminal Laws Prohibiting the Sexual Abuse of Individuals Under Correctional Supervision."
"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, U.S. Constitution claims, state claims, and international legal claims; forms of liability—municipal, official, individual, personal and qualified immunity; case law digest—issues raised by inmates, residents, or detainees—First Amendment, Fourth Amendment , Fourth regarding privacy, visual body cavity searches, pat downs (searches), and the Eighth Amendment; the impact of cross gender supervision and searches on youthful inmates; case law regarding employment—Title VII; women in corrections; men in corrections; gender non-conforming staff in corrections; and conclusions regarding the current state of the law.
“Investigating Allegations of Staff Sexual Misconduct with Offenders is a 36-hour educational program that addresses the complex issues in investigations of staff on offender sexual abuse in correctional settings …
The objectives of the training are to ensure that participants are able to: 1. Review the Prison Rape Elimination Act of 2003 (PREA) and identify its impact on investigations of staff sexual misconduct with persons under correctional supervision; 2. Understand a comprehensive approach to addressing and investigating allegations of staff sexual misconduct with offenders- - policy, training and operational practices; 3. Understand legal and investigative implications and strategies to responding to staff sexual misconduct with offenders; 4. Understand the role of the prosecutor and review the legal tools for prosecuting staff sexual misconduct with offenders–their content, importance and relevance to investigations; [and] 5. Demonstrate and model how integrated relationships between police, prosecutors, investigators, and correctional personnel can help to ensure successful investigations and convictions of staff sexual misconduct with persons under correctional supervision” (p. 11-12).
Sections contained in this curriculum are: introduction; training agenda; teaching tips; welcome, introduction, and pre-test; lesson plans—Module 1 Training Objectives, Module 2 The Prison Rape Elimination Act update and overview, Module 3 State Laws and Investigations, Module 4 Agency Culture, Module 5 Action Planning, Module 6 Training for Investigators in a Correctional Setting, Module 7 Investigative Policy, Module 8 Operational Practices, Module 9 Investigative Techniques, Module 10 DNA and Medical Health Care, Module 11 Victimization and Mental Health Care, Module 12 Media Strategies, Module 13 Role of Prosecutors in Cases of Staff Sexual Misconduct, Module 14 Human Resource Issues in Investigation of Staff, and Module 15 Legal Liability and Investigations; wrap up; and an appendix including a sample pre-/post-test and a sample training evaluation.
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 sexual abuse reporting process to inmates at all literacy levels. These novels were developed with Inmate Education standard 115.33 of the Prison Rape Elimination Act National Standards in mind. These graphic novels are a first step in reaching out to inmates in order to help them identify, address, and respond to incidents of sexual abuse by staff or other inmates". The three books in the series are: "I Reported It" which focuses on gender non-conforming inmates; "Don't Touch Me" for male inmates; and "The Barter" for female inmates.
State requirements for the registration of adult sex offenders are compiled and presented. Responses (if given) are reported for: registrable offenses; whether those individuals convicted of staff sexual misconduct need to register; information maintained in sex offender registry; community notification and website; limitations on residency or employment; and duration of registration.
Mandatory reporting state statutes regarding the sexual abuse of children are compiled and reported. Entries include (if provided) the following information: state; mandatory reporting statutes name; what has to be reported; relevant definitions; persons required to report; reporting procedures; and penalty for failure to report.
This document provides information regarding enacting state, statute number, statute title, coverage, definitions and notes, penalties, and applicability to youth for criminal laws prohibiting the abuse of individuals by their caregivers.
This document provides information regarding enacting state, statute number, statute title, coverage, definition and notes, penalties, and defenses (if given) for criminal laws prohibiting sexual abuse of inmates by staff.
"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 preventative policies in a union environment; investigation; discipline and termination; and conclusion.