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 2737 Centerview Drive Tallahassee, Florida (850) Rick Scott, Governor Christina K. Daly, Secretary The mission of the Department of Juvenile Justice is to increase public safety by reducing juvenile delinquency through effective prevention, intervention, and treatment services that strengthen families and turn around the lives of troubled youth.

2 Florida Department of Juvenile Justice Prison Rape Elimination Act Annual Report Fiscal Year Table of Contents Introduction... 3 Purpose... 3 Background:... 4 FY Achievements... 4 Residential and Detention PREA Incident Data... 5 FDJJ Agency Sexual Abuse and Sexual Harassment Data... 6 Reported PREA Allegations - FY (July 1, June 30, 2018) Reported PREA Allegations - FY (July 1, June 30, 2017)...9 Reported PREA Allegations - FY (July 1, June 30, 2016)... 9 Reported PREA Allegations - FY (July 1, June 30, 2015)...10 Reported PREA Allegations - FY (July 1, June 30, 2014) 10 Prison Rape Elimination Act Data PREA Compliant Facilities and Date of Compliance FDJJ PREA Annual Report, FY

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 (FDJJ) is proud to report that every juvenile residential and detention facility in Florida successfully passed the U.S. Department of Justice (DOJ) PREA audit during the first cycle of audits that concluded July 31, FDJJ began the second cycle of U.S. Department of Justice PREA audits beginning June 2017 and this cycle will conclude June Forty-eight (48) of the sixty-eight (68) total programs have been audited so far in the second cycle and all forty-eight have successfully passed the U.S. Department of Justice PREA audit. The Florida Department of Juvenile Justice established a PREA web page that contains a myriad of information including the PREA Act, how to report PREA allegations, PREA resources, training tools, auditing tools, completed PREA audit reports for each facility in Florida, and FDJJ PREA data. The FDJJ PREA web page can be found at: 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 (FDJJ) 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. FDJJ is passionately committed to that goal and it drives all that we do. The strategy for FDJJ, 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 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 twenty-one (21) state-operated regional juvenile detention centers and, at the close of FY , FDJJ had contracted with private providers for the operation of forty-seven (47) FDJJ PREA Annual Report, FY

4 residential facilities, some of which provide more than one program service 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 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 employs a statewide PREA Coordinator to oversee implementation of PREA requirements, as well as the monitoring for compliance of the Florida s Department of Juvenile Justice s PREA standards. FDJJ has two DOJ-certified auditors who successfully completed the DOJ training for PREA auditing. DOJ requires that each juvenile facility successfully pass all forty-one (41) PREA juvenile standards to receive full compliance. These standards require facilities to implement procedures for reporting, preventing, intervening, and investigating sexual abuse. FY Achievements On-going PREA compliance: FDJJ completed two-thirds of the second cycle of PREA audits and all forty-eight (48) programs that were audited successfully passed their audit and are PREA compliant. Negotiated a contract for PREA audits with DOJ certified auditors: FDJJ developed and posted a Request for Proposal (RFP) for auditing services with certified DOJ auditors with an effective date of July 2018 to audit the South Region, which will complete the second audit cycle. That contract will also secure PREA audits for all three regions in Florida during the third audit cycle which begins July 1, Enhanced FDJJ on-line PREA training curriculum: FDJJ added 30-minutes of training material to the existing on-line PREA curriculum giving the course 1.5 hours of training credit that all FDJJ employees must take every two-years. Additional questions were added to the post-test to show participant comprehension. FDJJ PREA Annual Report, FY

5 Provided on-going PREA sustainability training to PREA Facility Managers at all DJJ Detention and residential providers at least annually: The statewide PREA Coordinator meets at least once annually with each facility administrator and facility PREA compliance manager. This technical assistance 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. Supporting the Well-Being of System -Involved LGBTQ youth: A delegation from Florida DJJ including the statewide PREA Coordinator, Florida Department of Children and Families, and the Florida Network of Youth and Family Services completed the Supporting the Well-Being of System-Involved LGBTQ Youth Certificate Program at Georgetown University and have been selected as new members of the Center for Juvenile Justice Reform (CJJR) Fellows Network. The Florida team s Capstone Project, titled Enhancing SOGIE Competence in Florida s Delinquency and Dependency System, seeks to increase Sexual Orientation, Gender Identity and Expression (SOGIE) competencies for staff and youth and to create an environment inclusive of all youth throughout the Florida Department of Juvenile Justice (DJJ), Florida Department of Children and Families (DCF), and the Florida Network of Youth and Family Services (FN). Emphasis on LGBTQ training: The FDJJ team members have assisted FDJJ Bureau of Staff Development and Training with the development of an 8-hour instructor-led training curriculum to enhance SOGIE competency in Florida. 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. Residential and Detention PREA Incident Data The data reported below is taken directly from the FDJJ Central Communications Center (CCC). Established in 2004, 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 reported to 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 six categories: FDJJ PREA Annual Report, FY

6 Program Disruption Incidents Escapes/Absconds Incidents Medical Incidents Mental Health/Substance Abuse Incidents Complaints against Staff 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 Abuse (PREA) Youth-on-Youth Sexual Harassment Youth on Youth (PREA) Residential and Detention Only FDJJ Agency Sexual Abuse and Sexual Harassment Data This chart reflects total number of agency incident reports compared to total number of PREA allegations Total CCC incidents reported FY FY FY FY FY TOTAL PREA INCIDENTS Total number of CCC reports FDJJ PREA Annual Report, FY

7 Total PREA Allegations FY FY FY FY FY Staff and youth comprehension of the PREA standards and reporting procedures has been enhanced by the improved on-line training and the on-site technical assistance by the FDJJ Statewide PREA Coordinator. Additionally, the PREA standards are now in the fifth year since being implemented and there is a better understanding from staff and youth on what defines sexual abuse and sexual harassment. This fiscal year youth have reported more allegations of sexual abuse and sexual harassment as it relates to youth-on-youth touching as defined by the PREA standards. In FY , there were 51 allegations that staff committed a PREA-related offense. These allegations were reported to local law enforcement, Florida Department of Children and Families, and the DJJ Central Communications Center for a complete and thorough investigation. FDJJ PREA Annual Report, FY

8 Allegations against staff FY FY FY FY FY Findings of Allegations Against Staff (n=51) FY Unfounded Unsubstantiated Unsustained Inconclusive Open FDJJ PREA Annual Report, FY

9 Reported PREA Allegations FY (July 1, June 30, 2018) Grand Totals for ALL CCC reports: Grand Totals for Residential and Detention CCC reports: Total Number of Incidents: 4798 Total Number of Incidents: 2893 Total Number of Programs Reporting: 439 Total Number of Programs Reporting: 116 Total Number of PREA-Related Allegations = 117 o 51 reports made against staff o 66 youth on youth incidents Detention and Residential programs accounted for 60% of all reports made to the CCC. Approximately 2.4% of all CCC reports (4798) were PREA related allegations occurring in FDJJ facilities. Approximately 4% of all CCC reports from Residential and Detention (2893) were PREA related allegations. Reported PREA Allegations FY (July 1, 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 Allegations = 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 allegations occurring in FDJJ facilities. 2.4% of all CCC reports from Residential and Detention (2,981) were PREA related allegations. Reported PREA Allegations FY (July 1, 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 Allegations = 98 FDJJ PREA Annual Report, FY

10 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 allegations occurring in FDJJ facilities. 2.6% of all CCC reports from Residential and Detention (3728) were PREA related allegations. Reported PREA Allegations FY (July 1, 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 Allegations = 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 allegations occurring in FDJJ facilities. 3.4% of all CCC reports from Residential and Detention (2,967) were PREA related allegations. Reported PREA Allegations FY (July 1, 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 Allegations = 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 allegations occurring in FDJJ facilities. 1.2% of all CCC reports from Residential and Detention were PREA related allegations. FDJJ PREA Annual Report, FY

11 Prison Rape Elimination Act Data FY FY FY FY FY Difference Total Number of FDJJ Facilities 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 64.20% 66.70% 69.40% 61% 60% 1 from previous year Percentage of PREA related incidents reported to CCC 1.00% 2.30% 1.90% 1.50% 2.50% 1.00% Percentage of PREA related incidents reported to CCC by Residential and Detention FY FY FY FY FY Difference % 3.40% 2.70% 2.40% 4.00% 1.6 PREA reports made against staff (Sexual Misconduct) Substantiated Unsubstantiated Unfounded Open from previous year PREA reports made for youth on youth incidents Substantiated Unsubstantiated Unfounded Open FDJJ PREA Annual Report, FY

12 PREA Compliant Facilities and Date of Compliance RESIDENTIAL FACILITIES PROGRAM NAME SOUTH REGION Date Passed PREA Audit DETENTION FACILITIES Date Passed PROGRAM NAME PREA Audit SOUTH REGION BROWARD YOUTH TREATMENT 10/24/2015 BROWARD REGIONAL DETENTION 10/27/2015 POMPANO YOUTH TREATMENT 10/25/2015 MIAMI DADE REGIONAL DETENTION 10/27/2015 DADE JRF 11/4/2015 MONROE REGIONAL DETENTION 11/4/2015 MIAMI YOUTH ACADEMY 11/3/2015 ST LUCIE REGIONAL DETENTION 12/16/2015 FT MYERS YOUTH ACADEMY 2/25/2016 SOUTHWEST REGIONAL DETENTION 3/1/2016 MARTIN GIRLS ACAD 3/31/2016 PALM BEACH REGIONAL DC 12/16/2015 OKEECHOBEE GIRLS ACAD 4/2/2016 COLLIER REGIONAL DETENTION 3/2/2016 OKEECHOBEE JOCC / SO 4/5/2016 OKEECHOBEE INTENSIVE 4/15/2016 PASCO REGIONAL DETENTION 9/30/2017 OKEECHOBEE YDC / YTC/ YCC 4/18/2016 PINELLAS REGIONAL DETENTION 10/4/2017 PALM BEACH JCF 6/23/2016 BREVARD REGIONAL DETENTION 10/3/2017 CENTRAL REGION ORLANDO REGIONAL DETENTION 6/4/2018 LES PETERS ACADEMY 7/23/2017 MANATEE REGIONAL DETENTION 11/28/2017 KISSIMMEE YOUTH ACADEMY 8/16/2017 HILLSBOROUGH REGIONAL DETENTION 6/6/2018 YOUTH ENVIRONMENTAL SERVICES 7/31/2017 MELBOURNE CENTER PERSONAL GROWTH 9/1/2017 ESCAMBIA REGIONAL DETENTION 11/30/2017 BREVARD GTH 9/6/2017 OKALOOSA REGIONAL DETENTION 11/30/2017 ORANGE/ORLANDO YOUTH ACADEMY 9/6/2017 DUVAL REGIONAL DETENTION 1/31/2018 HIGHLANDS YOUTH ACADEMY 12/20/2017 LEON DETENTION 1/31/2018 COLUMBUS JRF SOP 11/27/2017 VOLUSIA REGIONAL DETENTION 2/19/2018 HILLSBOROUGH GIRLS ACADEMY 11/26/2017 MARION REGIONAL DETENTION 2/19/2018 TAMPA ACADEMY 11/27/2017 ALACHUA DETENTION 4/27/2018 BARTOW YOUTH ACADEMY 12/21/2017 BAY REGIONAL DETENTION 4/27/2018 CHARLES BRITT ACADEMY 1/6/2018 CENTRAL PASCO GIRLS ACADEMY 1/18/2018 POLK HWH 12/22/2017 SPRING LAKE YOUTH ACADEMY 1/1/2018 PALMETTO YOUTH ACADEMY 1/25/2018 LAKE ACADEMY (F) 1/29/2018 NORTH REGION CRESTVIEW SOP/OKALOOSA YA 12/14/2017 ESCAMBIA BOYS BASE 12/13/2017 CRESTVIEW YOUTH ACADEMY 12/15/2017 WALTON ACADEMY FOR GROWTH AND 12/16/2017 CHANGE JUST 1/31/2018 RAM C 1/31/2018 DAYTONA JUV RESIDENTIAL FACILITY 2/27/2018 HASTINGS/GULF 2/24/2018 JO ANN BRIDGES ACADEMY 1/31/2018 MARION YOUTH ACADEMY 3/7/2018 UNION SOP 3/23/2018 DUVAL ACADEMY 3/27/2018 JACKSONVILLE YOUTH ACADEMY 3/21/2018 CYPRESS CREEK HIGH RISK 3/11/2018 ECKERD CHALLENGE 3/16/2018 DOVE GIRLS ACADEMY 4/28/2018 ALACHUA ACADEMY 4/5/2018 ST. JOHNS YOUTH ACADEMY 11/16/2015 CENTRAL REGION NORTH REGION This report was prepared by FDJJ Statewide PREA Coordinator Jeff Wenhold, who may be contacted at jeff.wenhold@djj.state.fl.us FDJJ PREA Annual Report, FY