Staff inmate relations
“The purpose of this regulatory action is to set standards to prevent, detect, and respond to sexual abuse in Department of Homeland Security (DHS) confinement facilities. Sexual violence, against any victim, is an assault on human dignity and an affront to American values” (p. 13100).
Provisions of these standards are broken down into parts covering “two distinct types of facilities: (1) Immigration detention facilities, which are overseen by ICE and used for longer-term detention of aliens in immigration proceedings or awaiting removal from the United States; and (2) holding facilities, which are used by ICE and U.S. Customs and Border Protection (CBP) for temporary administrative detention of individuals pending release from custody or transfer to a court, jail, prison, other agency or other unit of the facility or agency” (p. 13101).
Sections of this final rule include: abbreviations; executive summary; estimated costs and benefits; background to sexual assault during custody; and a detailed discussion of the Prison Rape Elimination Act (PREA). Standards comprising Part 115 of Title 6 of the U.S. Code of Federal Regulations (CFR) are: definitions; Subpart A—Standards for Immigration Detention Facilities—coverage, prevention planning, responsive planning, training and education, assessment for risk of sexual victimization and abusiveness, reporting, official response following a detainee report, investigations, discipline, medical and mental care, data collection and review, audits and compliance, and additional provision in agency policies; Subpart B—Standards for DHS Holding Facilities--containing the same paragraph designations but with regulations applicable to DHS holding facilities; and Subpart C—External Auditing and Corrective Action—scope of audits, auditor qualifications, audit contents and findings, audit corrective action plan, and audit appeals.
“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 justice systems—to protect and rehabilitate youth … This handbook aims to educate juvenile justice professionals about the following: Why juvenile justice professionals should be concerned about sexual abuse of youth in custody; How culture and environment contribute to sexual abuse of youth in custody; Tools that will help identify, address, and respond to sexual abuse of youth in custody; How to investigate allegations of sexual abuse of youth in custody; Useful legal tools for prosecuting sexual abuse of youth in custody; [and] Preventive measures for juvenile justice agencies” (p. 1). Sections of this handbook include: introduction; the landscape of juvenile justice agencies; sexual abuse of youth in custody; youth in custody—the role of adolescent development in preventing sexual abuse; culture of youth facilities; identifying inappropriate staff-on-youth and youth-on-youth relationships; medical and mental health care for victims; investigating sexual abuse of youth in custody—duties of a first responder; rights of staff when an allegation of staff sexual misconduct is made; legal liability and sanctions for sexual abuse of youth in custody; preventive strategies; and conclusion.
Complex issues surrounding staff sexual misconduct are addressed during this 36-hour training program. Modules comprising this curriculum are: defining staff sexual misconduct with offenders; state laws; staff sexual misconduct -- the nature of one's role and power; policy; action planning; agency culture; management and operational practices; training; investigating allegations of staff sexual misconduct with offenders; human resources; legal considerations; developing a community and media response; and prevention. Also provided is a training agenda and tips for teaching.
The development of sound agency practices to address sexual misconduct among staff and offenders is discussed during this 3-hour videoconference. Specific topics covered include:
- The national scope of the problem;
- Law and policy;
- Investigative procedures;
- Clinical manifestations;
- Developing effective staff training;
- And litigation exposure/legal liabilities.
“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 agency’s anti-fraternization policy against such challenges, and cite the agency’s interest in maintaining a safe and secure facility. This document provides an overview of how courts across various jurisdictions have responded to employees’ challenges to anti-fraternization policies.” Cases are organized according to cases upholding agency anti-fraternization policies or cases not upholding agency anti-fraternization policies by Circuit and its related states.
This is an in-depth interview with an expert at manipulating jail and prison staff. The candidness of the inmate makes this presentation very educational. Some of his observations include the following:
- “If I can manipulate you into making my time easier, I’m gonna do it. That’s my job in here.”
- “You might get a little money, but you’ll get caught.”
- "Once he’s done with you, he’ll sell you out to another inmate or the authorities."
- “It can’t happen if you don’t allow it to…It’s always about that initial response.” The root of every setup is personal information. That’s power for the inmate.
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."
A job profile for an Internal Affairs Investigator in state operated adult correctional facilities is provided. This report contains these sections: executive summary; introduction; overview of the DACUM job analysis; DACUM job analysis results for Correctional Internal Affairs Investigators; top training tasks for new and veteran Internal Affairs Investigators in the Kentucky Department of Corrections; comparing Correctional Investigator training needs with the Prison Rape Elimination Act (PREA); PREA Training Topic Exercise; and focused conversation. Appendixes include: a detailed overview of the DACUM job analysis process; PREA Subject Matter Expert Review of Investigator Job Profile; knowledge, skills, traits exercise; and Department of Corrections DACUM Job Analysis Chart.
“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).
“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.