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Inmate sexual assault

“In the following, we review the literature relevant to the study of violence and safety in women’s prison. We begin with the demographic and background characteristics of female offenders. The pathways model is then described, which emphasizes the life experiences of women that contribute to criminal behavior. This review will then describe the subcultural elements of women’s prisons that influence vulnerabilities, victimization, and violence. The types and prevalence of violence in women’s prisons, particularly sexual assault, are also summarized. A summary of the National Inmate Survey, a PREA-mandated data collection that measures inmate self-reports is provided. This review then provides a summary of recent research by the authors that examines the context of gendered violence and safety in women’s correctional facilities and results from a project that sought to validate an instrument intended to measure women’s perceptions of safety and violence” (p. 1).

"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.

Cross Gender Supervision and Legal Liability [Webinar] Cover

“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.

Curriculum: Investigating Allegations of Staff Sexual Misconduct with Offenders: Facilitator’s Guide [Lesson Plans] Cover

"This paper identifies and explains the applicable PREA Standards and requirements, along with other influencing factors that impact a facility’s development, documentation and implementation of a PREA-compliant facility staffing plan. It is important to note that while current or traditional staffing models are helpful to a facility when developing the required staffing plan, these traditional models were developed prior to the passage of PREA. Therefore, they are not necessarily PREA-informed or constructed with a “lens” focused on sexual safety. Furthermore, traditional staffing models typically have not taken into account the significance of gender as an influencing factor" (p. 3). Sections of this Staffing Plan White Paper cover: what a PREA-compliant staffing plan requires—facility-specific PREA requirements, and influencing facility-specific factors; how to develop a staffing plan or improve the one that exists; who needs to be involved in the drafting or assessment of the facility staffing plan; considerations regarding facility-specific PREA requirements; other considerations—use of video monitoring, security staff ratios in juvenile facilities, trauma-informed approaches, and gender considerations in staffing plan development at adult female and juvenile girls' facilities; additional requirements under "supervision and monitoring"—staffing plan review, unannounced rounds, and heightened protections for vulnerable detainees; and how a staffing plan will be audited.

 

Developing and Implementing a PREA-Compliant Staffing Plan Cover

This webinar is a great introduction for "correctional practitioners to a new resource for developing a PREA-compliant staffing plan, per standard §115.13/.113/.213/.313 … Topics for this webinar will include: Recommendations for approaching or improving a staffing plan with consideration of influencing factors; Facility-specific PREA requirements; Appropriate staff that should be involved in assessing and drafting the staffing plan; and Special considerations including the use of video monitoring, staffing ratios in juvenile facilities, supervision of vulnerable populations, and gender-specific considerations" (website). The webinar agenda is: welcome and opening remarks; background and context; introduction to the Staffing Plan Resource Guide; staffing plan requirements; influencing factors; how to develop a staffing plan; video monitoring, juvenile ratios, and gender; how a staffing plan will be audited; and question and answer period.

Developing and Implementing a PREA-Compliant Staffing Plan [Webinar] cover

This is an orientation video for new inmates. The film features experienced inmates and staff providing guidance based on the question "what do you wish you had known when you first got to prison" as part of DOCCS’ effort to prevent sexual abuse. The discussion includes information about what to do if you are sexually threatened or raped, and the sexual abuse investigation process. The film focuses on every inmate's right to be free from sexual victimization and provides tips to avoid the manipulation and tactics often used by the sexual predators within the prison system. The film emphasizes that inmates should report if they are abused or threatened, and distinguishes reporting abuse from "snitching." It also discusses the many ways a New York State inmate can report, discusses the importance of seeking medical attention right away, and emphasizes that every inmate has the right not to be sexually abused or harassed by other inmates or staff. Although the film itself can be very powerful, it is intended to be used as a tool to introduce this important topic. The film is used by trained staff and inmate peer educators to facilitate a conversation about DOCCS' sexual abuse and sexual harassment prevention polices." The accompanying Facilitator's Guide covers: an introduction; before the film; facilitating the film; film topic areas--discussion points; and after the film--questions and follow up.

Ending Sexual Abuse Behind the Walls: An Orientation Cover

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.

Ending Silence: Demanding Safety from Sexual Assault Graphic Novel Series Cover

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.

Fifty State Survey of Mandatory Reporting Statutes Cover

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.

Fifty-State Survey of Criminal Laws Prohibiting Sexual Abuse of Individuals in Custody Cover

"In response to the Prison Rape Elimination Act of 2003 (PREA), this project . . . examined the context and correlates of both violence and safety in correctional facilities for women" (p. 1). This report is divided into three parts after an abstract and executive summary: Part I, entitled "Gendered Violence and Safety: Improving Security in Women's Facilities," contains the chapters introduction, literature review, gendered violence in women's prisons and jails, and policy implications and recommendations; Part II, entitled "Focus Group Methodology and Findings," covers focus group data collection and methods, individual and relationship factors, community and culture, facility factors, and staff factors; and Part III, entitled "Measuring Gendered Violence and Safety: Research Design and Methods," discusses developing the survey, survey development results for problems in the housing unit violence, policy, and climate, and factors leading to violence; and summary and conclusions.

Gendered Violence and Safety: A Contextual Approach to Improving Security in Women's Facilities Cover

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