Prison Rape Elimination Act Preservice Training Integrity Positive

Prison Rape Elimination Act Preservice Training Integrity ** Positive. Attitude ** Respect ** ** Integrity

Learning Objectives 1. Laws, Policies, Operating Procedures and how to comply a. b. Zero tolerance for sexual abuse and sexual harassment Inmate and staff rights 2. Your responsibilities to prevent, detect, report and respond a. b. How to detect and respond to signs of threatened and actual abuse How to avoid inappropriate relationships with inmates 3. Dynamics of sexual abuse and sexual harassment in prisons a. Common reactions of victims 4. Communicate effectively and professionally with all inmates a. Including lesbian, gay, bisexual, transgender, intersex and gender non-conforming inmates * Integrity * Positive Attitude * Respect *

NIC: Why PREA is Important Video * Integrity * Positive Attitude * Respect *

PREA Basics The Prison Rape Elimination Act (PREA) is a LAW – enacted September 4, 2003 by President George W. Bush. To improve: * Integrity * Positive Attitude * Respect * • Public Safety • Public Health • Institutional Violence

Federal PREA Standards Prevention Response Training & Education Screening for Risk of Sexual Victimization and Abusiveness • Reporting • Official response • • Investigations Discipline Medical & Mental Care Data Collection & Review Audits Auditing and corrective action • State compliance • • • August 2012 * Integrity * Positive Attitude * Respect *

Idaho Code 18 -6101. Rape defined. Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening… Males and females are both capable of committing the crime of rape as defined in this section. Amended as of July 1, 2016, 18 -6110. Sexual contact with a prisoner. (1) It is a felony for any employee of the Idaho department of correction, Idaho department of juvenile corrections or any officer, employee or agent of a state, local or private correctional facility, as those terms are defined in section 18 - 101 A, Idaho Code, to have sexual contact with a prisoner or juvenile offender, not their spouse, whether an in-state or out-of- state prisoner or juvenile offender, as those terms are defined in section 18 -101 A, Idaho Code. (2) It is a felony for any supervising officer, as that term is defined in section 18 -101 A, Idaho Code, to knowingly have sexual contact with any parolee or probationer, as those terms are defined in section 18 -101 A, Idaho Code, who is not the person's spouse. (3) For the purposes of this section "sexual contact" means sexual intercourse, genital-genital contact, manual-anal contact, manual-genital contact, oral-genital contact, anal-genital contact or oral-anal contact, between persons of the same or opposite sex. (4) Any person found guilty of sexual contact with a prisoner or juvenile offender is punishable by imprisonment in the state prison for a term not to exceed…. . LIFE. * Integrity * Positive Attitude * Respect *

PREA SOP 325. 02. 01. 001 IDOC mandates zero tolerance toward all forms of sexual abuse and sexual harassment. This includes sexual abuse and sexual harassment by an inmate, contractor, volunteer or employee. All complaints of sexual abuse and sexual harassment will be thoroughly investigated. * Integrity * Positive Attitude * Respect *

Sexual Abuse Inmate on Inmate Staff on Inmate Occurs if there is no consent: • Contact between the penis and the vulva or the penis and the anus, including penetration, however slight Occurs with or without consent: • Contact between the penis and the vulva or the penis and the anus, including penetration, however slight • Contact between the mouth and the penis, vulva, or anus • Penetration of the anal or genital opening of another person, however slight Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation • Penetration of the anal or genital opening of another person, however slight Any other intentional touching… that is unrelated to official duties and has the intent to abuse, arouse or gratify sexual desire. Any display of uncovered genitalia, buttocks or breasts Voyeurism means an invasion of privacy unrelated to official duties • • United State Department of Justice, PREA Final Rule, 2012; http: //ojp. gov/programs/pdfs/prea_final_rule. pdf * Integrity * Positive Attitude * Respect *

Consent or Coercion * Integrity * Positive Attitude * Respect *

Quiz: Inmate-on-Inmate Sexual Abuse Based on the PREA standards, are these acts sexually abusive? A. An inmate penetrates another inmate with his finger. B. An inmate gropes another inmate’s breasts while she is heavily medicated. C. During an altercation, one inmate punches another and accidentally hits him in the groin. * Integrity * Positive Attitude * Respect *

Sexual Harassment Inmate-to-Inmate • Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate directed toward another. Staff-to-Inmate • Repeated verbal comments or gestures of a sexual nature to an inmate by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. United State Department of Justice, PREA Final Rule, 2012; http: //ojp. gov/programs/pdfs/prea_final_rule. pdf * Integrity * Positive Attitude * Respect *

IDOC Sexual Activity Offenses (DORs) • • • Physical Contact - Inappropriate physical contact such as lingering touch, hugging, etc. Indecent Exposure - Deliberately displaying the genitals (including breasts if female) to staff, volunteers, contractors, offenders, etc. Sexual Activity - Engaging in sexual activity with another offender, either clothed or unclothed…where the individuals have either expressed or implied consent. Sexual Threat or Harassment - Making verbal or written sexual proposals, threats, gestures, or sexual harassment of an employee, contractor, visitor, volunteer, or offender. Sexual Assault/Battery - Any sexual battery or assault that does not result in penetration where the victim was forced, coerced, manipulated, threatened, unconscious, impaired by drugs or alcohol, or incapable of consent because of a mental disability. Rape - Penetration of the oral, vaginal, or anal opening of another person by force, threat, coercion, manipulation, or when the victim is unconscious, impaired by drugs or alcohol, or incapable of consent because of a mental disability. * Integrity * Positive Attitude * Respect *

Prevention • Policy and procedure • PREA coordinator and PREA compliance managers • Staff Training • Inmate Education • Cameras, physical plant issues • Trained officers * Integrity * Positive Attitude * Respect *

IDOC Reporting & Detecting “All staff, volunteers, and contractors must report immediately allegations or incidents of sexual abuse, harassment, misconduct, discrimination or retaliation to the shift commander. ” IDOC Prison Rape Elimination Act SOP 325. 02. 01. 001 * Integrity * Positive Attitude * Respect *

IDOC Reporting Document – Write an incident report immediately – Deliver to the shift commander – Complete it before you finish shift – Keep it confidential The sharing of information regarding a sexual assault and sexual activity should be limited to those who need to know for decision making, investigation, and prosecution. Staff members should refrain from talking openly about such issues. Investigators who have received PREA investigations training will investigate allegations. * Integrity * Positive Attitude * Respect *

Inmate Reporting • Any one • Any time • Any method Reporting handout provides inmates and staff multiple reporting options. -oridoc. idaho. gov -search PREA* Integrity * Positive Attitude * Respect *

Survivor Story: Joe https: //www. youtube. com/watch? v=xb. NMRGccv. IQ#t=20 * Integrity * Positive Attitude * Respect *

What groups of people do you think are most likely to be targeted for sexual abuse in prison? * Integrity * Positive Attitude * Respect *

Potentially Vulnerable Inmates Screening • Age & physical build – Under 21 or over 65 • • • First time in prison Non-violent crimes only Victim of sexual abuse Mental/physical disability LGBTI or gender non-conforming * Integrity * Positive Attitude * Respect *

Potentially Abusive Inmates Screening Tool Questions – Prior acts of sexual abuse – Conviction for violent offenses – Violent offenses during current or previous prison term Other Potential Factors – Difficulty controlling anger – May have been victimized previously – Poor coping skills or strategies – Exhibits voyeuristic or exhibitionist behavior * Integrity * Positive Attitude * Respect *

Dynamics of Inmate-on-Inmate Sexual Abuse • • • Sexual harassment Protective pairing Exchanges/favors Ritual/gang abuse Sexual abuse in romantic relationships * Integrity * Positive Attitude * Respect *

Common Methods Used by Perpetrators * Integrity * Positive Attitude * Respect *

Survivor Story: Joe (Part 2) https: //www. youtube. com/watch? v=xb. NMRGccv. IQ#t=20 * Integrity * Positive Attitude * Respect *

Reactions to Sexual Abuse FIGHT • • ---- Numbness Shock Confusion Disbelief Helplessness Fear Anger FLIGHT --- • • • FREEZE Guilt Grief Frustration Disorientation Racing heart beat and other signs of physical arousal or agitation * Integrity * Positive Attitude * Respect *

First Responder PREA FIRST RESPONDER DUTIES 1. Separate the victim and abuser. 2. Preserve and protect any crime scene until the collection of evidence. 3. Request that victim and ensure alleged abuser not take any action that could destroy evidence. (washing, showering, brushing teeth, changing) Don’t investigate, maintain safety. If not security, responder shall request that the victim not destroy evidence then notify security. * Integrity * Positive Attitude * Respect *

First Responder • Treat all victims with dignity and respect • Provide support and safety • Do not try to investigate Different responses Female victims: • May want to process and discuss • May describe more details and emotions Females may take more time to establish trust due to a previous abuse history. Male victims: • May use fewer words • May provide fewer details • May act out vs. talking Males be reluctant to discuss the incident due to shame. * Integrity * Positive Attitude * Respect *

Responding PREA Process, After the report Data collection Coordinated response & Investigation Determination: Substantiated Unsubstantiated Unfounded Corrective Action IF CONSENSUAL Proceed to DOR process for rule violation. End PREA process. End checklist If potentially criminal, Refer for prosecution Incident Review Report to Inmate If unfounded end here Rescreen Medical Retaliation Check Mental Health support * Integrity * Positive Attitude * Respect *

Red Flags Indicators of Sexual Victimization INMATE • Visible injuries or medical symptoms • Change in routine, mood, appearance or behavior • Withdrawing or isolation • Depression • Suicidal thoughts or self-harm • Unusual aggressiveness • Refusing to shower • Fear leaving cell • Lingers near staff ENVIRONMENT • Increased fights • Unusual contraband • Housing change requests • Increased request for protective custody • Flirtatious language • Avoiding certain inmates Source: The Moss Group (TMG) * 28 Integrity * Positive Attitude * Respect *

WHEN A SURVIVOR REPORTS * Integrity * Positive Attitude * Respect *

Reasons Victims Did Not Report Graphic by Just Detention International. Source: Bureau of Justice Statistics, "Sexual Victimization Reported By Former State Prisoners, 2008, “ May 12, 2012. The Moss Group, Inc. * 30 Integrity * Positive Attitude * Respect *

* Integrity * Positive Attitude * Respect * • Realize that any inmates you work with might be LGBTI (lesbian, gay, bisexual, transgender, and intersex) • Demonstrate human respect and professionalism for all inmates. • Staff members are expected to address disrespectful or derogatory comments made by inmates. • Staff members who make disrespectful or derogatory comments may be subject to disciplinary action including, but not limited to, termination * Integrity * Positive Attitude Working With LGBTI Inmates

Professional Language • Sexual orientation • Gender identity • • • Lesbian Gay Bisexual Transgender Intersex Them/they/he/she * Integrity * Positive Attitude * Respect *

* Integrity * Positive Attitude * Respect * Consequences…. There are significant consequences if staff do not respect the rights of inmates to be free from sexual abuse and sexual harassment, as well as staff and inmates’ rights to be free from retaliation for reporting. – Generally unsafe environment – Physical/psychological damage to inmates/staff – Distrust of authority – Re-traumatization * Integrity * Positive Attitude * Respect *

Promote a safe environment – Follow the zero-tolerance policy and SOP – Accept reports from inmates respectfully, take all reports seriously, document them, keep them confidential Inmates can report to Any one, Any time, by Any method – Maintain respectful communication Hold yourself and co-workers accountable by promoting a safe environment: respectful language, good operations and security practices, follow policies, professionalism – Watch for red flags – Know your first responder duties – All staff members are responsible to detect and prevent sexual abuse, sexual harassment and retaliation * Integrity * Positive Attitude * Respect *

If you want to know more… · Federal Prison Rape Elimination Act · http: //www. prearesourcecenter. org/ · Standards – Training - FAQs · IDOC Policy 325 & IDOC Standard Operating Procedure 325. 02. 01. 001 Prison Rape Elimination · idoc. idaho. gov - search for PREA · PREA compliance manager (in facilities) · PREA Coordinator tjones@idoc. idaho. gov 658 -2138 * Integrity * Positive Attitude * Respect *