Detainee/Resident Education in Police Lockups & Community Confinement

Similar documents
Operations. Prison Rape Elimination Act Lockup Standards

No Refuge Here: Sexual Abuse in Immigration Detention. June 26, am 12:30pm PDT. Today s Moderator. Mission and Core Goals

Human Resources and Administrative Investigations Notification of Curriculum Use April 2014*

DRAFT PREA LOCKUP STANDARDS PUBLISHED BY THE U.S. DEPARTMENT OF JUSTICE ON FEBRUARY 3, Compiled December 7, 2011

CALIFORNIA ADVANCING PREA TRAINING - FACILITATOR S GUIDE

PREA TABLE OF CONTENTS

PREA AUDIT: AUDITOR S SUMMARY REPORT LOCKUPS

Prison Rape Elimination Act (PREA) Needs Assessment of Lockups

PREA AUDIT: AUDITOR S SUMMARY REPORT ADULT PRISONS & JAILS

The National PREA Standards: Implications for Human Resource Practices in Correctional Settings. Prof. Brenda V. Smith October 23, 2012

prea and police lockups a blueprint for implementation

Number August 31, 2017 IMMEDIATE POLICY CHANGE GJ-14, VICTIMS BILL OF RIGHTS DO-1, INTAKE PROCESS

Tazewell County Justice Center

Agenda. Jails and PREA March 2017 Webinar DYNAMICS OF JAILS 3/29/2017. Dynamics of Jails. Jails in North Carolina PREA & Jails Stories from the Field

PREA AUDIT: AUDITOR S SUMMARY REPORT COMMUNITY CONFINEMENT

RULE PROPOSALS INTERESTED PERSONS

POLICIES, PROCEDURES, AND RULES

Specialized Training: Investigating Sexual Abuse in Correctional Settings Notification of Curriculum Utilization December 2013

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 5:21. CUSTODY, PRETRIAL DETENTION

Human Rights Defense Center

The Criminal Justice System: From Charges to Sentencing

MASSACHUSETTS SEX-OFFENDER REGISTRATION AND NOTIFICATION

Index as: DETENTION OF JUVENILE OFFENDERS

WHAT WILL HAPPEN TO ME?

SAN DIEGO POLICE DEPARTMENT PROCEDURE ADULT UNDOCUMENTED PERSONS

APPREHENSION, ARREST AND DETENTION

Peralta Community College District Office of Employee Relations th Street, Oakland CA (510)

Mental Illness Commitments

CONFERENCE COMMITTEE REPORT S.2371, AN ACT RELATIVE TO CRIMINAL JUSTICE REFORM

SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT

1 in 3. Understanding Victims Rights in South Carolina. South Carolina Facts 8/19/2015

Charlotte County Sheriff s Office

Detained, Undocumented and Underserved:

Criminal Justice A Brief Introduction

Approved by Commissioner: LATEST REVISION: August 15, 2012

Prison Rape Elimination Act Annual Report Fiscal Year Stop Sexual Violence

Contact the Responsible Director HR19/ N.B. This policy replaces the Protection of Children and Vulnerable Adults Policy

December 2, 2013 _January 6, 2014_ Andrew A. Pallito, Commissioner Date Signed Date Effective

I. PURPOSE DEFINITIONS RESPECT FOR CONSTITUTIONAL RIGHTS. Page 1 of 8

recent Bureau of Justice

National Congress of American Indians SECTION-BY-SECTION ANALYSIS OF TRIBAL LAW AND ORDER ACT AS ENACTED - WITH NOTES FOR IMPLEMENTATION

Specialized Training: Investigating Sexual Abuse in Correctional Settings Notification of Curriculum Utilization December 2013

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 522

CITY OF TITUSVILLE POLICE DEPARTMENT 1100 John Glenn Boulevard Titusville, Florida (321)

Request for Information. Immigration and Customs Enforcement (ICE) Immigration Detention Services Multiple Areas of Responsibility

Ethics Policy. Administrative Code under Part 3, Chapter 9, Article 1, Section 1.4

Title 17-A: MAINE CRIMINAL CODE

COURT DOCUMENTS AND THE FOIA Annual Meeting August 25, 2011

WASHINGTON SEX-OFFENDER REGISTRATION AND NOTIFICATION

House Bill 3253 Ordered by the House April 10 Including House Amendments dated April 10

Detentions And Photographing Detainees

NC General Statutes - Chapter 15A Article 46 1

Prison Rape Elimination Act Webinars Recap, Q & A. October 29, Spring Forest Road, Suite 900 Raleigh, NC

STATEMENTS OF POLICY

SEX OFFENDER REGISTRATION AND DISSEMINATION POLICY

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS

Title 15: COURT PROCEDURE -- CRIMINAL

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS

Custody Division Manual Table of Contents. Revisions. Custody Division Directives. Custody Division Links Custody Force Related Sections

JUVENILE SEX OFFENDER REGISTRATION

Privatization of Prisons: Costs and Consequences

Bowie State University Police Department General Order

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 HOUSE BILL 1403 RATIFIED BILL

A Victim s Guide to the Criminal Justice System

Immigration Violations

PROHIBITION OF HARASSMENT & DISCRIMINATION

Minimum Standards for Local Detention Facilities in South Carolina HOME DETENTION STANDARDS HOME DETENTION

PAROLE AND PROBATION VIOLATIONS

REVISOR XX/BR

Offender Population Forecasts. House Appropriations Public Safety Subcommittee January 19, 2012

IMMIGRATION ENFORCEMENT

H 7304 SUBSTITUTE A AS AMENDED ======== LC004027/SUB A ======== S T A T E O F R H O D E I S L A N D

Immigrants Held in Solitary Cells, Often for Weeks

Prison Oversight and Human Rights: The US Experience. Michele Deitch

Tribal Law and Order Act (TLOA): Long Term Plan to Build and Enhance Tribal Justice Systems

Marion County Juvenile Department Overview

House Bill 3253 Sponsored by Representatives OLSON, CONGER; Senators DEVLIN, JOHNSON

MAINE SEX-OFFENDER REGISTRATION AND NOTIFICATION

Department of Legislative Services Maryland General Assembly 2004 Session

Florida Senate CS for SB 522. By the Committee on Children, Families, and Elder Affairs; and Senators Grimsley and Detert

TLOA Tribal Justice Plan: Overview & Update on Implementation

Domestic Violence. Model Policy. Law Enforcement Policy Center

UNITED STATES OF AMERICA

TEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. Amended Date November 1, 2015

CITY OF NEW BRIGHTON USE OF BODY-WORN CAMERAS POLICY

County Detention: Proposed Mental Health Facility & Immigration Enforcement Policies Fact Sheet

TEXAS DEPARTMENT OF CRIMINAL JUSTICE PAROLE DIVISION

POLYGRAPH EXAMINATIONS

SECTION: ADMINISTRATION ADM-133

DISCRIMINATION, HARASSMENT AND BULLYING COMPLAINT PROCEDURE Policy Code: 1720/4015/7225

Discrimination and Harassment Policy and Procedure I. Purpose II. General Statement of Policy III. Definitions A. Discrimination

crossroads AN EXAMINATION OF THE JAIL POPULATION AND PRETRIAL RELEASE

An Inside Look at the ICE Inspections System

FAMILY COURT LOCAL RULES DELINQUENT AND UNDISCIPLINED JUVENILES JUVENILE COURT 28 TH JUDICIAL DISTRICT TABLE OF CONTENTS

Request for Records Disposition Authority

TEXAS COMMISSION ON JAIL STANDARDS

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

Criminal Offender Record Information CORI ACCESS and REFORM

SENATE BILL No. 54. December 5, 2016

FIRST BAPTIST CHURCH GUIDELINES FOR SEX OFFENDERS

Transcription:

Introduction and Welcome Detainee/Resident Education in Police Lockups & Community Confinement A nonprofit health and human rights organization that seeks to end sexual violence in all forms of detention. July 25, 2013 PREA Resource Center Today s Moderator National PREA Resource Center (PRC) PRC was established through a cooperative agreement between the Bureau of Justice Assistance and NCCD. The mission of the PRC is to assist adult prisons and jails, juvenile facilities, lockups, community corrections, and tribal facilities in their efforts to eliminate sexual abuse by increasing their capacity for prevention, detection, monitoring, responses to incidents, and services to victims and their families. Carolina Aparicio Communications Officer Just Detention International Notice of Federal Funding and Federal Disclaimer This project was supported by Grant No. 2010-RP- BX-K001 awarded by the Bureau of Justice Assistance. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice. Webinar Agenda Logistics I. Introduction II. Call to Action III. Overview of PREA Resident/ Detainee Education Standards IV. Voices from the Field V. Strategies for an Effective PREA Education Program Webinar Information Use the question box to ask a question An archive of this webinar will be posted on the PREA Resource Center website: www.prearesourcecenter.org How to ask a question VI. Developing a Sample PREA Intake Module Detainee reading a handbook regarding sexual abuse in detention VII. Questions and Answers 1

Meagen Mader Director of Quality Assurance & Training/ PREA Coordinator Alston Wilkes Society Columbia, SC Alston Wilkes Society s Columbia, SC facility. PREA Inmate Education: Sets the appropriate tone from the first contact the detainee has with agency staff Is ongoing, from arrival to departure Should be in different forms (presented verbally, and in brochures, posters, and other written materials) Alston Wilkes Society s North Charleston, SC adult residential re-entry facility. Photo: Alston Wilkes Society A strong educational program sends the message that: Sexual abuse by staff or detainees will not be tolerated Detainees have a right to be to be free from abuse Holding abusers accountable and supporting victims are top priorities in the agency Alston Wilkes Society s Florence, SC adult residential re-entry facility. Photo: Alston Wilkes Society 2

Building Buy-in Among Staff PREA Standards on Resident/ Detainee Education Challenges Solutions PREA burnout Failure to take inmate reports seriously Resistance to change Leadership Intensive training Modeling Cynthia Totten, Esq. Senior Program Director Just Detention International Institutional culture Upon Intake in Police Lockups PREA Resident Education Standards in Community Confinement 115.132 Detainee, contractor, and inmate worker notification of the agency s zero-tolerance policy. (a) During the intake process, employees shall notify all detainees of the agency s zero-tolerance policy regarding sexual abuse and sexual harassment. 115.233 Resident Education During the intake process, facilities must provide information explaining: The agency s zero tolerance policy regarding sexual abuse/harassment How to report incidents or suspicions of sexual abuse/harassment Right to be free from sexual abuse/harassment and from retaliation for reporting Agency policies and procedures for responding PREA Resident Education Standards in Community Confinement Preparing Intake Staff for Disclosures of Sexual Abuse Additional Requirements ( 115.233): Agency shall provide refresher information whenever a resident is transferred to a different facility Information must be accessible to all detainees The agency must document resident participation in these education sessions Information must be continuously and readily accessible through posters, handbooks or other written formats During intake, residents/detainees may disclose that they have been abused previously. Intake staff should be trained on: Responding to such disclosures Who to notify if a report needs to be made to another corrections institution ( 115.163/263) 3

Voices from the Field: PREA Detainee Education in Police Lockups IACP s Elimination of Sexual Abuse in Confinement Initiative Sexual abuse in confinement and officer misconduct are serious concerns Dianne Beer-Maxwell Program Manager International Association of Chiefs of Police DOJ developed and released standards to prevent, detect, and respond to sexual abuse in lockups IACP is working to: Conduct a needs assessment on PREA readiness in lockups Conduct a national awareness raising campaign for law enforcement leaders Assist in the development of an audit instrument and measures of compliance for lockups Tools and Resources Tools and Resources Ensuring Safety and Reducing Liability in Police Lockups and Holding Cells (www.theiacp.org/prea) Addressing Sexual Offenses and Misconduct by Law Enforcement (www.theiacp.org) Enhancing Law Enforcement Response to Victims (www.responsetovictims.org) What constitutes a lockup under PREA? What is a lockup? Lockup means a facility that contains holding cells, cell blocks, or other secure enclosures that are: 1. Under the control of a law enforcement, court, or custodial officer; and 2. Primarily used for the temporary confinement of individuals who have recently been arrested, detained, or are being transferred to or from a court, jail, prison, or other agency. 4

Lockup Standards Related to Notification Examples of Notification Prevention Planning ( 115.116) Detainees with disabilities and detainees who are limited English proficient (LEP) Training and Education ( 115.132) Detainee, contractor, and inmate worker notification of the agency s zero-tolerance policy Reporting ( 115.151) Detainee reporting Applicability of PREA to Lockups Voices from the Field: PREA Resident Education in Community Confinement It is good agency management practice to: Effectively prevent, detect, and respond to sexual abuse in confinement facilities Voluntarily strive for significant compliance with the PREA standards, which represents strong agency leadership Demonstrate agency commitment to valuing human life, dignity, and safety Meagen Mader Director of Quality Assurance & Training/ PREA Coordinator Alston Wilkes Society Columbia, SC Education on Arrival Education at Intake The first time you want to educate your residents is as soon as they arrive at your facility. This can be done in your resident guide. PRISON RAPE ELIMINATION ACT (PREA): The Alston Wilkes Society has zero tolerance toward all forms of sexual abuse: Resident-on- Resident sexual assault, Resident-on-Resident sexual harassment, Staff-on-Resident sexual assault, and Staff-on-Resident sexual harassment will not be tolerated. Residents will be free from fear of sexual assault and if a report of sexual assault is made, it will be investigated thoroughly and with respect to the resident's safety, dignity, and privacy, without fear of retaliation. The next time to educate residents is during the intake process. This can be done with a Resident PREA Briefing. 5

Education at Intake Education During Resident Orientation This is also a good time to give them a brochure outlining your agency s zero tolerance policy and the reporting procedures specific to that facility. Resident Orientation is another opportunity to provide education on PREA and to document the education provided. Education Through Posters Strategies for an Effective PREA Education Program Gwyn Smith-Downes Senior Program Director Just Detention International Making Information Accessible Making Information Accessible Techniques Use clear, plain language that is easy to understand and translate Have written materials in common languages and large print format Make sure staff and inmate educators know procedure for using translation services Consider holding workshops in different languages Provide information in a variety of ways Miami Dade Department of Corrections and Rehabilitation Sexual Assault Awareness Pamphlets 35 6

Intake Education Inmate Education Materials Variety of Materials Pamphlets and handouts Videos Making the information continuously and readily available: Posters and signs Using other technology: kiosks, telephone systems, loop messages in waiting areas 38 Developing a Sample PREA Intake Module Sample PREA Intake Module Provide information to every incoming resident about the agency s programs and policies regarding sexual abuse. Cynthia Totten, Esq. Senior Program Director Just Detention International During the intake process, facilities must provide information explaining ( 115.233 Resident Education): The agency s zero tolerance policy regarding sexual abuse/harassment How to report incidents or suspicions of sexual abuse/harassment Right to be free from sexual abuse/harassment and from retaliation for reporting Agency policies and procedures for responding Zero Tolerance for Sexual Abuse Zero Tolerance for Sexual Abuse What is PREA? Law passed in 2003 PREA covers staff against resident sexual abuse AND resident against resident sexual abuse. Sexual abuse includes any unwanted sexual contact by another resident. This institution has a zero-tolerance policy on sexual abuse and harassment, meaning that all reports of such conduct will be taken seriously and no sexual abuse will be tolerated Consensual sexual activity between residents is against institutional policy, but is covered under different guidelines. Sexual abuse by staff includes any sexual contact, as well as the display of private parts and voyeurism. Detainees can not consent to sexual contact with staff and, in all 50 states, it is illegal for staff to engage in sexual activity with inmates. 7

Reporting: Before & After Reporting: Before & After There are several ways to report sexual abuse: Report to any staff person verbally or in writing. Staff are required to act on any verbal reports. There are several ways for you to report privately, if you are concerned about retaliation [provide detail]. Report anonymously to [X], an outside entity that can forward your report to agency officials without identifying you. After you report: The facility will take steps to ensure your safety Medical and mental health care will be provided Third-party reports (such as from a family member) will also be taken seriously. Reporting: Before & After Available Resources After you report: Investigation will be conducted and the case referred for prosecution as appropriate This agency will protect you from retaliation for reporting a suspicion or allegation of sexual abuse or harassment Where can I get help? National PREA Resource Center: www.prearesourcecenter.org Just Detention International: www.justdetention.org International Association of Chiefs of Police: www.theiacp.org/prea International Community Confinement Association: http://www.iccalive.org/icca/ American Probation and Parole Association: http://www.appa-net.org/eweb/ Questions and Answers For More Information For more information about the National PREA Resource Center, visit www.prearesourcecenter.org. Direct questions to info@prearesourcecenter.org Michela Bowman Jenni Trovillion Tara Graham PRC Co-Director PRC Co-Director Sr. Program Specialist mbowman@nccdglobal.org jtrovillion@nccdglobal.org tgraham@nccdglobal.org For more information about Just Detention International, visit www.justdetention.org. Direct questions to info@justdetention.org. Connect with JDI: www.facebook.com/jdionfb www.twitter.com/justdetention 8

Thank you for joining us today! Evaluation We would like to ask you to please complete a brief evaluation. Your feedback is extremely important to us. Here is a link to the evaluation. We will also email it to you shortly. www.justdetention.org/en/detainee-residenteducation-evaluation.aspx Please forward the evaluation link to others who may have joined you. THANK YOU! 9