Staff sexual misconduct
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.
This website provides access to written testimony and meeting transcripts for: Hearings on Sexual Victimization in U.S. Jails, January 8, 2014; Hearings on Sexual Victimization in U.S. Prisons, January 8, 2014; and Hearings on Sexual Victimization in U.S. Juvenile Correctional Facilities, January 9, 2014. Dr. Reginald Wilkinson introduced the hearings by saying, “At times over the next day and a half, we are going to hear testimony from juvenile agencies, from adult institutional agencies, and adult detention agencies … The hearings have always been very important to the field, not just because of the witnesses who will testify, but we use that information to help understand more about the processes that agencies use to abate the problem of sexual misconduct in correctional institutions throughout the United States. We recognize also that a lot of work has gone into making sure that agencies have the tools to abate the problem. The prison rape statute now is going on eleven-years old. A lot has taken place. The PREA Commission has performed its work. They should be proud that the standards are now duly in place; and that actual hearings or actual audits are taking place on the now promulgated standards.”
Problems with the investigation of sexual assaults (inmate on inmate sexual assault and staff sexual misconduct) in correctional facilities are discussed. Sections following an executive summary are: inmate-related issues in investigating sexual violence; staff barriers to investigations; investigating staff sexual misconduct; additional issues affecting investigations; outside factors; and conclusion.
"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.
The Prison Rape Elimination Act (PREA) sets standards to ensure that information about PREA and victim services are accessible to people with disabilities. The purpose of this guide is to provide strategies to correctional agencies that will aid their compliance with these PREA requirements. The strategies discussed in this guide draw on established practices used by victim service organizations—both community-based and those based in government agencies—to make their services more accessible for this population. By offering concrete recommendations on how to adapt these community practices to correctional settings, this guide aims to help adult and juvenile correctional facilities increase accessibility for people with disabilities. While it is not a focus of this guide, an important component to making PREA and victim services accessible for people with disabilities is to institutionalize any new practices or partnerships in facility policy" (p. 2). Sections comprising this guide are: purpose; defining disability; sexual abuse and incarcerated people with disabilities—applicable PREA standards, and legal compliance; strategies for making PREA information and victim services accessible—increase access for the broadest range of users, increase capacity for individualized accessibility solutions, ensure access to reporting, and ensure access to victim services; staff training and resources; and conclusion.
Millbrook was being held in the custody of the U.S. Federal Bureau of Prisons (BOP) when she was sexually assaulted. She contends that sovereign immunity does not apply to the officers in this instance since the Federal Tort Claims Act (FTCA) waives their immunity. The Supreme Court agreed that the FTCA allows for suits to be brought against federal law enforcement officers for committing intentional torts during the performance of their jobs. This judgement will positively impact the ability of federal inmates to file lawsuits against federal officers who commit sexual attacks in federal correctional facilities.
"The PRC’s aim is to provide assistance to those responsible for state and local adult prisons and jails, juvenile facilities, community corrections, lockups, tribal organizations, and inmates and their families in their efforts to eliminate sexual abuse in confinement. The PRC serves as a central repository for the best research in the field on trends, prevention, and response strategies, and best practices in corrections … This website consists of an extensive library, stories of efforts at compliance from around the country, information about national trainings, webinars, resources including tool kits and model policies." Points of entry include: library—legal, policy and practice, resources (curricula, training materials, toolkits and handbooks, relevant websites, resources for survivors, and tribal facilities), news coverage, research and statistics, and standards; training and technical assistance—PREA Essentials (standards for prisons and jails, lockups, community confinement facilities, and juvenile facilities), curricula, PREA in Action (readiness, embracing the standards, youthful inmate implementation, partnerships, and LGBTI youth and adults in confinement), upcoming and archived webinars, BJA demonstration sites, and Request for Assistance; audit—online system, paper instruments, process and appeals, auditor qualifications and application, list of certified auditors, trainings, Auditor Field Training Program, and Auditor Feedback Form; news and events—news of interest, and upcoming events; and FAQ.
Curricula include: Specialized Training--Investigating Sexual Abuse in Confinement Settings; Specialized Training--PREA Medical and Mental Care Standards; Preventing and Addressing Sexual Abuse in Tribal Detention Facilities--The Impact of the Prison Rape Elimination Act; Inmate Education Video; Inmate Education Resource Guide; Human Resources and Administrative Investigations Employee Training; Victim Services; Gender Responsive Strategies – Adults; Gender Responsive Strategies – Juveniles; Employee Training; Guidance on Cross-Gender and Transgender Pat Searches; and NIC E-learning Courses.
“These documents comprise the instrument that auditors will use to audit the U.S. Department of Justice's PREA Standards for Prisons and Jails, pending final revisions.” Elements comprising this instrument are: “Process Map” describing the audit process from start to finish; “Checklist of Documentation”; “Pre-Audit Questionnaire”; “Auditor Compliance Tool” used to determine PREA compliance; “Instructions for PREA Audit Tour” of the facility; “Interview Protocols” for Agency Head or Designee, Warden or Designee, PREA Compliance Manager/Coordinator, Specialized Staff, General Staff, and Inmates/Detainees: “Auditor Report” template; and the “PREA Compliance Measures Handbook: Prisons and Jails”.
“These documents comprise the instrument that auditors will use to audit the U.S. Department of Justice's PREA Standards for Juvenile Faculties.” Elements comprising this instrument are: “Pre-Audit Questionnaire”; “Auditor Compliance Tool” used to determine PREA compliance; “Instructions for PREA Audit Tour” of the facility; “Interview Protocols” for agency head or designee, facility director or designee, PREA Coordinator, specialized staff, random staff, and residents; “Auditor Summary Report” template; "Process Map” describing the audit process from start to finish; and “Checklist of Documentation”.
These documents comprise the instrument that auditors will use to audit the U.S. Department of Justice's PREA Standards for Juvenile Faculties.” Elements comprising this instrument are: Pre-Audit Questionnaire; Auditor Compliance Tool used to determine PREA compliance; Instructions for PREA Audit Tour of the facility; Interview Protocols for agency head or designee, Superintendent or designee, PREA Compliance Manager/Coordinator, specialized staff, random staff, and residents; Auditor Summary Report” template; Process Map describing the audit process from start to finish; and Checklist of Documentation.