Prison Rape Elimination Act Annual Report Fiscal Year Stop Sexual Violence

Transcription

1 Florida Department of Juvenile Justice Prison Rape Elimination Act Annual Report Fiscal Year Stop Sexual Violence The mission of the Florida Department of Juvenile Justice is to increase public safety by reducing juvenile delinquency through effect prevention, intervention, and treatment services that strengthen families and turn around the lives of troubled youth. Christina K. Daly, Secretary Florida Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida (850)

2 Florida Department of Juvenile Justice Prison Rape Elimination Act Annual Report Fiscal Year Table of Contents Introduction... 3 Purpose... 3 Background: Achievements... 4 Residential and Detention PREA Incident Data... 5 FDJJ Agency Abuse Data... 6 PREA Incident Reports (July 1, 2016 June 30, 2017)... 7 PREA Incident Reports (July 1, 2015 June 30, 2016)... 8 PREA Incident Reports (July 1, 2014 June 30, 2015)... 8 PREA Incident Reports (July 1, 2013 June 30, 2014)... 8 Prison Rape Elimination Act Data... 9 PREA Compliant Facilities and Date of Compliance FDJJ PREA Annual Report,

3 Introduction The federal Prison Rape Elimination Act (PREA) requires that each state prepare an annual report on the effectiveness of its efforts to reduce sexual abuse in any program, facility, or institution used for the confinement of youth and adults. The Florida Department of Juvenile Justice is proud to report that as of June 2016, every juvenile residential and detention facility in Florida has passed the U.S. Department of Justice (DOJ) PREA audit. These final PREA audit reports can be found on the FDJJ PREA web page below: rapeelimination act (prea)/completed prea audit reports DJJ is entering its second audit cycle of PREA compliance which requires us to ensure that programs are again audited within 3 years of their previous audit. The following information details the Florida Department of Juvenile Justice s compliance with the standards proscribed by the PREA Act. These standards are outlined in the U.S. Code of Federal Regulations 28 C.F.R. Part 115. Purpose In August 2013, the Florida Department of Juvenile Justice (DJJ) published its Roadmap to System Excellence (Roadmap). The Roadmap outlines a listing of accomplishments, remaining objectives and new objectives so that we are meeting our goal to provide the right services, in the right place, in the right way, at the right time. DJJ is passionately committed to that goal and it drives all that we do. The strategy for DJJ, and ultimately the State of Florida, is to continue to provide a continuum of services that is data and evidence based to accurately assess, dispose, treat, and serve youth in the most appropriate, least restrictive, trauma informed environment. The Florida Department of Juvenile Justice (FDJJ) is committed to maintaining safe and secure environments in its residential and detention facilities. This commitment is vital to our core mission of intervention and treatment services for youth. The Prison Rape Elimination Act (PREA), passed in 2003 by Congress only enhances our commitment and provides FDJJ with another tool to ensure youth remain in a safe and nurturing environment. FDJJ has 21 state operated regional juvenile detention centers and, at the close of , FDJJ had contracted with private providers for the operation of 46 residential facilities, some of which provide more than one program on site. This report provides an analysis of the incidents and the efforts made by FDJJ in implementing strategies and policies to comply with PREA. Background: The U.S. Department of Justice established the PREA Juvenile Standards in 2012 and immediately following promulgation the Florida Department of Juvenile Justice began implementation. FDJJ developed the first PREA policy FDJJ1919 which was approved and posted by the Department in June It defined each FDJJ PREA Annual Report,

4 employee s, residential facility s, and detention center s responsibilities to protect youth from sexual abuse. Since June 2013, FDJJ 1919 has been revised two more times to better define these roles, with the most recent revision in April FDJJ also created a PREA web page that provides training materials, implementation tools, data reports, and completed PREA audit reports for public viewing. The page is available online at rape elimination act (prea) FDJJ hired a statewide PREA coordinator in September 2013, to oversee implementation of PREA requirements. FDJJ has three DOJ certified auditors who successfully completed the DOJ training for PREA auditing. DOJ requires that each juvenile facility successfully pass all 41 PREA juvenile standards to comply with the PREA. These standards require facilities to implement procedures for reporting, preventing, intervening, and investigating sexual abuse Achievements Continuing reduction in reported PREA related incidents: This fiscal year there was a 27% reduction of PREA related incidents reported and investigated. The past three fiscal years have each seen a decline in these numbers. The total numbers of CCC incident reports were less than last years but were more than the years prior to Negotiated a contract for PREA audits with DOJ certified auditors: FDJJ is entering its second audit cycle of PREA compliance and has contracted with certified DOJ PREA auditors to complete audits for our Central and North regions. The Central region will have all the programs audited by December 2017, followed by the North region in Had another DJJ employee complete the DOJ PREA auditors course (currently have 3): FDJJ now has three certified PREA auditors. These individuals oversee Florida s Department of Juvenile Justice efforts to comply with the Department of Justice, PREA standards and provide on going trainings/technical assistance to Department and program staff. Provided on going PREA sustainability training to PREA Facility Managers at all DJJ Detention and providers at least annually: The statewide PREA Coordinator meets at least once annually with each facility administrator and facility PREA compliance manager. This technical visit gives on going training in sustainability and current updates to PREA requirements. In addition to these visits the Statewide PREA coordinator also completes PREA incident reviews and submits a summary report to Regional Managers. Emphasis on LGBTQ training: FDJJ is committed to ensuring all youth are given the same opportunities regardless of their current situation. The LGBTQ youth in our custody are one of the most vulnerable that we serve. Educating our staff in residential facilities and detention centers on the obstacle s this population faces daily will develop empathy for this population. An LGBTQ power point presentation was presented to the FDJJ Executive Leadership Team, all FDJJ PREA Annual Report,

5 facility administrators at quarterly provider meetings and Detention Center Superintendents to promote awareness, acceptance, and a climate that is sensitive, representative, and fair to all LGBTQ youth who come into contact with the Florida Department of Juvenile Justice. The power point training is also available on the FDJJ PREA web page. Residential and Detention PREA Incident Data The data reported below is taken directly from the FDJJ Central Communications Center (CCC). The CCC was established in July The CCC is a user friendly, call in center operating 365 days a year, with an emphasis on assisting FDJJ, provider, and grant staff with the collection, retention, and dissemination of information related to the care, safety, and humane treatment of all youth served by the FDJJ, providers, or grantees. All reportable incidents as defined in Florida Administrative Code Rule 63F 11, are required to be called into the CCC within 2 hours of the incident occurring or program staff learning of the incident. This rule describes in detail incidents falling under the following seven categories: Escapes/Absconds Incidents Complaints against Staff Incidents Medical Incidents Mental Health/Substance Abuse Incidents Miscellaneous Incidents Program Disruption Incidents Youth Behavior Incidents All FDJJ staff, private providers and volunteers with knowledge of any abuse occurring in a detention or residential facility are required to report to the CCC, local Law Enforcement and the Florida Department Children Youth and Families within two hours of learning of the alleged abuse. CCC has added the following categories for allegations of PREA related incidents: Sexual Abuse (PREA) Sexual Harassment (PREA) Sexual Misconduct (PREA) Sexual Abuse (PREA) Youth on Youth Sexual Harassment Youth on Youth (PREA) Residential and Detention Only FDJJ PREA Annual Report,

6 FDJJ Agency Abuse Data The data collected in shows an overall decrease in PREA related incidents by 27%. Total CCC incidents reported TOTAL PREA INCIDENTS Total number of CCC reports This chart reflects total number of agency incident reports compared to total number of PREA incidents Each year since the full implementation of the PREA initiative by the Florida Department of Juvenile Justice there has been a decrease in the overall numbers of reported allegations. TOTAL PREA INCIDENTS Reduction of PREA allegations was the first year of PREA implementation and youth and staff had not been fully informed of reporting procedures and educated on what the PREA is. FDJJ PREA Annual Report,

7 In , there were 47 allegations that staff committed a PREA related offense. In , that number declined by 4 to 43; and in , there were 34 allegations made against staff. These allegations were reported to local law enforcement and investigated. Of the 43 allegations in , 32 were unfounded, 10 were unsubstantiated, and one incident of sexual harassment was substantiated. In , there were 34 allegations of a PREA related incident involving staff. All 34 allegations were investigated by local law enforcement and 16 were closed as unfounded, 4 were closed as unsubstantiated, and 14 are currently open. Allegations against staff Total number of PREA allegations against staff have decreased. PREA Incident Reports (July 1, 2016 June 30, 2017) Grand Totals for ALL CCC reports: Grand Totals for Residential and Detention CCC reports: Total Number of Incidents: 4886 Total Number of Incidents: 2981 Total Number of Programs Reporting: 351 Total Number of Programs Reporting: 113 Total Number of PREA Related Incidents = 71 o 34 reports made against staff o 37 youth on youth incidents Detention and Residential programs accounted for 61% of all reports made to the CCC. 1.5% of all CCC reports (4886) were PREA related incidents occurring in FDJJ facilities. 2.4% of all CCC reports from Residential and Detention (2,981) were PREA related incidents. FDJJ PREA Annual Report,

8 PREA Incident Reports (July 1, 2015 June 30, 2016) Grand Totals for ALL CCC reports: Grand Totals for Residential and Detention CCC reports: Total Number of Incidents: 5370 Total Number of Incidents: 3728 Total Number of Programs Reporting: 378 Total Number of Programs Reporting: 121 Total Number of PREA Related Incidents = 98 o 42 reports made against staff o 56 youth on youth incidents Detention and Residential programs accounted for 69.4% of all reports made to the CCC. 1.9% of all CCC reports (5730) were PREA related incidents occurring in FDJJ facilities. 2.6% of all CCC reports from Residential and Detention (3728) were PREA related incidents. PREA Incident Reports (July 1, 2014 June 30, 2015) Grand Totals for ALL CCC reports: Grand Totals for Residential and Detention CCC reports: Total Number of Incidents: 4449 Total Number of Incidents: 2967 Total Number of Programs Reporting: 431 Total Number of Programs Reporting: 78 Total Number of PREA Related Incidents = 101 o 47 reports made against staff o 54 youth on youth incidents Detention and Residential programs accounted for 66.7% of all reports made to the CCC. 2.3% of all CCC reports (4449) were PREA related incidents occurring in FDJJ facilities. 3.4% of all CCC reports from Residential and Detention (2,967) were PREA related incidents. PREA Incident Reports (July 1, 2013 June 30, 2014) Grand Totals for ALL CCC reports: Grand Totals for Residential and Detention CCC reports: Total Number of Incidents: 4257 Total Number of Incidents: 2730 Total Number of Programs Reporting: 366 Total Number of Programs Reporting: 98 Total Number of PREA Related Incidents = 32 o 11 reports made against staff o 21 youth on youth incidents Detention and Residential programs accounted for 64.2% of all reports made to the CCC. Less than 1% (0.8%) of all CCC reports were PREA related incidents occurring in FDJJ facilities. 1.2% of all CCC reports from Residential and Detention were PREA related incidents. FDJJ PREA Annual Report,

9 Prison Rape Elimination Act Data Difference from previous year Total Number of FDJJ Facilities/Units Reporting: Report Grand Totals for ALL CCC reports: Total Number of Residential/Detention Programs Reporting: Report Grand Totals for Residential and Detention CCC reports: Total PREA Incidents: Percentage of all reports made to CCC by Residential and Detention 64.2% 66.7% 69.4% 61% 2.7 Percentage of PREA related incidents reported to CCC 1.0% 2.3% 1.9% 1.5% 0.4% Difference from previous year Percentage of PREA related incidents reported to CCC by Residential and 1.2% 3.4% 2.7% 2.4% 0.3 Detention PREA reports made against staff (Sexual Misconduct) Substantiated Unsubstantiated Unfounded Open PREA reports made for youth on youth incidents Substantiated Unsubstantiated Unfounded Open NOTE: Information regarding specific programs can be viewed on the FDJJ PREA web page: rape elimination act (prea)/agency data collection This report was prepared by FDJJ Statewide PREA Coordinators Gene L. McMahon (retired) and Jeff Wenhold, who may be contacted at jeff.wenhold@djj.state.fl.us FDJJ PREA Annual Report,

10 PREA Compliant Facilities and Date of Compliance FDJJ PREA Annual Report,