Quality, Integrity, & Accountability in Community Corrections

POLICY 3.05

  • Kintock promotes a productive safe environment for staff and residents and has zero tolerance for verbal or physical conduct that harasses assaults, disrupts, traumatizes or interferes with another’s work performance or the quality of life for its residents. Behavior that creates an intimidating, offensive, or hostile environment is immediately reported and addressed.
  • The intent of this procedure is to provide uniform guidelines to prevent, detect, and respond to sexual harassment and assault.
  • The company prohibits any form of retaliation against employees/residents for making a complaint or providing information about harassment.
  • Any employee, supervisor or manager who violates this policy, and in accordance with the company Standards of Conduct, is subject to disciplinary action, including termination. All volunteers, vendors, contractors and their representatives shall also comply with this policy or the working relationship/contract may be severed. A member of the incident review team may jointly or individually decide if it necessary to prohibit further resident contact until HR can be reached.
  • All claims of sexual assault will be immediately reported to the contracting law enforcement agency to include notification of the agency’s special investigation division.

Definitions

Sexual abuse includes:

  1. Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident; and
  2. Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer. Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident includes
  3. any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
  4. Contact between the mouth and the penis, vulva, or anus;
  5. Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
  6. 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.
  7. Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer includes any of the following acts, with or without consent of the inmate, detainee, or resident:
  8. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
  9. Contact between the mouth and the penis, vulva, or anus;
  10. Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
  11. Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
  12. Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
  13. Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in paragraphs (1)-(5) of this section;
  14. Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, detainee, or resident, and
  15. Voyeurism by a staff member, contractor, or volunteer.
  16. Voyeurism by a staff member, contractor, or volunteer means an invasion of privacy of an inmate, detainee, or resident by staff for reasons unrelated to official duties, such as peering at an inmate who is using a toilet in his or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an inmate’s naked body or of an inmate performing bodily functions.

Sexual harassment includes:

  1. 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, detainee, or resident directed toward another; and
  2. Repeated verbal comments or gestures of a sexual nature to an inmate, detainee, or resident 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.

General Terms Includes:

  1. Abuser – The resident committing sexual assault against another resident, or coercing sex from another resident in exchange for protection, favors etc.
  2. Non-Assaultive Sexual Activity – The act of engaging in sexual activity which produces or is intended to produce sexual stimulation or gratification, in thepresence of another person and the sexual activity is conducted without violence, threat of violence, coercion, or use of a weapon.
  3. Sexual Activity – Sexual contact including, but not limited to, sexual intercourse, deviant sexual behavior, kissing, fondling, and/or manipulation of the genitalia, buttocks, and breasts of another person in a manner which produces or is intended to produce sexual stimulation or gratification with the consent of both parties.
  4. Sexually Abusive Resident – A resident whose past behavior indicates he/she is prone to victimize other residents.
  5. Sexual Assault – Sexual activity where force or threat of force is used, or when the person is unable to consent because of age or incapacitation (mental deficiency or physical incapacitation. Sexual activity includes, vaginal penetration by a penis; contact between the genitals of a person and the mouth or anus of another person; penetration of the vagina, anus, or mouth with a penis or any other object; touching of the sexual or intimate parts for sexual gratification.
  6. Sexual Coercion – Compelling or inducing another person to engage in sexual activity by deceit, threats, force or intimidation or for personal favors.
  7. Sexual Solicitation – The solicitation of another person to engage in sexual activity.
  8. Staff – For the purposes of this policy staff shall include Kintock Employees, Contract service providers, and volunteers.
  9. Sexual Abuse Victim – Any resident who through documentation, evidence, or as a result of reasonable suspicion on the part of staff, has suffered sexual coercion, sexual solicitation or sexual assault by another resident or a staff person during their assignment to a Kintock facility.
  10. Vulnerable Resident – A resident who is at high risk to become a victim of sexual assault by another resident(s) due to characteristics related to age, physical stature, criminal history and physical or mental disabilities, or past history of victimization.

 

Prevention Planning

213 Staffing Plan

  1. Staffing plan shall provide for adequate levels of staffing, and, where applicable, video monitoring, to protect residents against sexual abuse. In calculating adequate staffing levels and determining the need for video monitoring, agencies shall take into consideration:
    1. The physical layout of each facility;
    2. The composition of the resident population;
    3. The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and
    4. Any other relevant factors.
  2. In circumstances where the staffing plan is not complied with, the facility shall document and justify all deviations from the plan.
  3. Whenever necessary, but no less frequently than once each year, the facility shall assess, determine, and document whether adjustments are needed to:
    1. The staffing plan established pursuant to paragraph (a) of this section;
    2. Prevailing staffing patterns;
    3. The facility’s deployment of video monitoring systems and other monitoring technologies; and
    4. The resources the facility has available to commit to ensure adequate staffing levels.

215 Cross Gender Viewing

  1. Where strip searches are permitted, staff shall not conduct cross-gender strip searches or cross-gender visual body cavity searches (meaning a search of the anal or genital opening).
  2. Cross-gender pat-down searches of residents are not permitted.
  3. Residents may shower, perform bodily functions, and change clothing without staff of the opposite gender viewing their breasts, buttocks, or genitalia. Staff of the opposite gender are to announce their presence when entering an area where residents are likely to be showering, performing bodily functions, or changing clothing.
  4. Security staff shall be trained in how to conduct searches of transgender and intersex residents, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.

216 Residents with Disabilities

  1. The appropriate steps shall be taken to ensure that residents with disabilities (including, for example, residents who are deaf or hard of hearing, those who are blind or have low vision, or those who have intellectual, psychiatric, or speech disabilities), have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment. Such steps shall include, when necessary to ensure effective communication with residents who are deaf or hard of hearing, providing access to interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. In addition, Site Administrators and Program Directors shall ensure that written materials are provided in formats or through methods that ensure effective communication with residents with disabilities, including residents who have intellectual disabilities, limited reading skills, or who are blind or have low vision.
  2. Reasonable steps shall be taken to ensure prevention, detection, and responses to sexual abuse and sexual harassment to residents who are limited English proficient are made, including steps to provide interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.
  3. Kintock shall not use or depend on resident interpreters, resident readers, or other types of resident assistants except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the resident’s safety, the performance of first-response duties under § 115.264, or the investigation of resident’s allegations.
  4. Where interpreters are necessary yet unavailable, the contracting authority will be notified for assistance and in the meantime the assigned case manager shall use Google Translate or other online translation programs to review all intake and handbook information including all PREA information, training and procedures.

218 Upgrades to facilities and technologies

  1. When designing or acquiring any new facility and in planning any substantial expansion or modification of existing facilities, the agency shall consider the effect of the design, acquisition, expansion, or modification upon the agency’s ability to protect residents from sexual abuse.
  2. When installing or updating a video monitoring system, electronic surveillance system, or other monitoring technology, the agency shall consider how such technology may enhance the agency’s ability to protect residents from sexual abuse.


Responsive Planning

221 Evidence protocol and forensic medical examinations

  1. To the extent the Kintock Group is responsible for investigating allegations of sexual abuse; the company shall follow a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions.
  2. The protocol shall be developmentally appropriate for youth where applicable, and, as appropriate, shall be adapted from or otherwise based on the most recent edition of the U.S. Department of Justice’s Office on Violence Against Women publication, “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” or similarly comprehensive and authoritative protocols developed after 2011.
  3. All victims of sexual abuse shall have access to forensic medical examinations whether on-site or at an outside facility, without financial cost. Such examinations shall be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the examination can be performed by other qualified medical practitioners. The agency shall document its efforts to provide SAFEs or SANEs.
  4. A victim advocate from a rape crisis center shall be made available to all victims. If a rape crisis center is not available to provide victim advocate services, the Kintock Group shall make available a qualified staff member from a community-based organization or a qualified agency staff member. The agency may utilize a rape crisis center that is part of a governmental unit as long as the center is not part of the criminal justice system (such as a law enforcement agency) and offers a comparable level of confidentiality as a nongovernmental entity that provides similar victim services.
  5. As requested by the victim, the victim advocate, qualified agency staff member, or qualified community-based organization staff member shall accompany and support the victim through the forensic medical examination process and investigatory interviews and shall provide emotional support, crisis intervention, information, and referrals.
  6. The Kintock Group is not responsible for investigating allegations of sexual abuse. Therefore, a request will be made that the investigating agency follow the requirements of paragraphs (a) through (e) of this section.

222 Policies to ensure referrals of allegations for investigations

  1. An administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment.
  2. All allegations of sexual abuse or sexual harassment are referred for investigation to an agency with the legal authority to conduct criminal investigations. This policy shall be published on the Kintock Group website. All such referrals shall be documented.
  3. The responsible agency, for conducting administrative or criminal investigations of sexual abuse or sexual harassment in community confinement facilities, shall have in place a policy governing the conduct of such investigations.


Training and Education - Community Confinement

231 Employee training

The agency shall train all employees who may have contact with residents on its zero-tolerance policy for sexual abuse and sexual harassment and how to fulfill their responsibilities under the company’s sexual abuse and sexual harassment prevention, detection, reporting, and response procedures.

233 Resident education

  1. During the intake process, residents shall receive information explaining the agency’s zero-tolerance policy regarding sexual abuse and sexual harassment, how to report incidents or suspicions of sexual abuse or sexual harassment, their rights to be free from sexual abuse and sexual harassment and to be free from retaliation for reporting such incidents, and regarding agency policies and procedures for responding to such incidents.
  2. The company shall provide refresher information whenever a resident is transferred to a different facility.
  3. The company shall provide resident education in formats accessible to all residents, including those who are limited English proficient, deaf, visually impaired, or otherwise disabled as well as residents who have limited reading skills.
  4. Documentation of resident participation in these education sessions shall be maintained.
  5. In addition to providing such education, key information shall be continuously and readily available or visible to residents through posters, resident handbooks, or other written formats.

234 Specialized training: Investigations

Any investigative agency that Kintock relies on will be requested to shall provide Specialized training to its agents and investigators who conduct such investigations and shall include techniques for interviewing sexual abuse victims, proper use of Miranda and Garrity warnings, sexual abuse evidence collection in confinement settings, and the criteria and evidence required to substantiate a case for administrative action or prosecution referral.

235 Specialized training: Medical and mental health care

  1. The Kintock Group shall ensure that all full- and part-time medical and mental health care practitioners who work regularly in its facilities have been trained in:
    1. How to detect and assess signs of sexual abuse and sexual harassment;
    2. How to preserve physical evidence of sexual abuse;
    3. How to respond effectively and professionally to victims of sexual abuse and sexual harassment; and
    4. How and to whom to report allegations or suspicions of sexual abuse and sexual harassment.
  2. Medical and mental health care practitioners (contractors and volunteers) shall also receive the training mandated for employees depending upon the practitioner’s status at the agency.


Screening for Risk of Sexual Victimization and Abusiveness

241 Screening for risk of victimization and abusiveness

  1. All residents shall be assessed during an intake screening and upon transfer to another facility for their risk of being sexually abused by other residents or sexually abusive toward other residents.
  2. Intake screening shall ordinarily take place within 72 hours of arrival at the facility.
  3. Such assessments shall be conducted using an objective screening instrument.
  4. The intake screening shall consider, at a minimum, the following criteria to assess residents for risk of sexual victimization:
    1. Whether the resident has a mental, physical, or developmental disability;
    2. The age of the resident;
    3. The physical build of the resident;
    4. Whether the resident has previously been incarcerated;
    5. Whether the resident’s criminal history is exclusively nonviolent;
    6. Whether the resident has prior convictions for sex offenses against an adult or child;
    7. Whether the resident is or is perceived to be gay, lesbian, bisexual, transgender, intersex, transsexual;
    8. Whether the resident has previously experienced sexual victimization; and
    9. The resident’s own perception of vulnerability.
  5. The intake screening shall consider prior acts of sexual abuse, prior convictions for violent offenses, and history of prior institutional violence or sexual abuse, as known to the agency, in assessing residents for risk of being sexually abusive.
  6. Within a set time period, not to exceed 30 days from the resident’s arrival at the facility, the facility will reassess the resident’s risk of victimization or abusiveness based upon any additional, relevant information received by the facility since the intake screening.
  7. A resident’s risk level shall be reassessed when warranted due to a referral, request, incident of sexual abuse, or receipt of additional information that bears on the resident’s risk of sexual victimization or abusiveness.
  8. Residents may not be disciplined for refusing to answer, or for not disclosing complete information in response to, questions asked pursuant to paragraphs (d)(1), (d)(7), (d)(8), or (d)(9) of this section.
  9. Sensitive information shall not be disseminated unnecessarily to guard against exploit of the resident’s detriment by staff or other residents.
    1. All residents shall be assessed during an intake screening and upon transfer to another facility for their risk of being sexually abused by other residents or sexually abusive toward other residents.
    2. Intake screening shall ordinarily take place within 72 hours of arrival at the facility.
    3. Such assessments shall be conducted using an objective screening instrument.
    4. The intake screening shall consider, at a minimum, the following criteria to assess residents for risk of sexual victimization:
      1. Whether the resident has a mental, physical, or developmental disability;
      2. The age of the resident;
      3. The physical build of the resident;
      4. Whether the resident has previously been incarcerated;
      5. Whether the resident’s criminal history is exclusively nonviolent;
      6. Whether the resident has prior convictions for sex offenses against an adult or child;
      7. Whether the resident is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming;
      8. Whether the resident has previously experienced sexual victimization; and
      9. The resident’s own perception of vulnerability.
  10. The intake screening shall consider prior acts of sexual abuse, prior convictions for violent offenses, and history of prior institutional violence or sexual abuse, as known to the agency, in assessing residents for risk of being sexually abusive.
  11. Within a set time period, not to exceed 30 days from the resident’s arrival at the facility, the facility will reassess the resident’s risk of victimization or abusiveness based upon any additional, relevant information received by the facility since the intake screening.
  12. A resident’s risk level shall be reassessed when warranted due to a referral, request, incident of sexual abuse, or receipt of additional information that bears on the resident’s risk of sexual victimization or abusiveness.
  13. Residents may not be disciplined for refusing to answer, or for not disclosing complete information in response to, questions asked pursuant to paragraphs (d)(1), (d)(7), (d)(8), or (d)(9) of this section.
  14. The agency shall implement appropriate controls on the dissemination within the facility of responses to questions asked pursuant to this standard in order to ensure that sensitive information is not exploited to the resident’s detriment by staff or other residents.

242 Use of screening information

  1. Information from the risk screening shall be used to inform housing, bed, work, education, and program assignments with the goal of keeping separate those residents at high risk of being sexually victimized from those at high risk of being sexually abusive.
  2. The contracting agency shall determine the gender of the resident by virtue of program assignment and Kintock shall make individualized determinations about how to ensure the safety of each resident.
  3. In deciding whether to assign a transgender or intersex resident to a facility for male or female residents, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the resident’s health and safety, and whether the placement would present management or security problems.
  4. A transgender or intersex resident’s own views with respect to his or her own safety shall be given serious consideration.
  5. Transgender and intersex residents shall be given the opportunity to shower separately from other residents at designated times as coordinated and managed by security staff for the resident’s privacy and safety.
  6. The company shall not place lesbian, gay, bisexual, transgender, or intersex residents in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such residents.


Reporting

251 Resident reporting

  1. Staff shall accept reports made verbally, in writing, anonymously, and from third parties and shall promptly document any verbal reports.
  2. The agency shall also inform residents of at least one way to report abuse or harassment to a public or private entity or office that is not part of the agency and that is able to receive and immediately forward resident reports of sexual abuse and sexual harassment to Kintock officials, allowing the resident to remain anonymous upon request. This maybe through SERV, the office of Ombudsmen or if in immediate need of assistance, residents may dial 911. These procedures and corresponding phone numbers shall be included in intake information and documented in the handbook as well as posted at phones.
  3. Staff may privately report sexual abuse and sexual harassment of residents anonymously through the Kintock’s website, or by directly contacting the corporate office of Human Resources.

252 Exhaustion of administrative remedies

  1. A time limit shall not be imposed on when a resident may submit a grievance regarding an allegation of sexual abuse and all grievances alleging sexual abuse or sexual assault shall be considered an emergency grievance alleging that a resident is subject to a substantial risk of imminent sexual abuse and immediately reported to the contactor/investigative agency.
  2. Otherwise-applicable time limits may apply on any portion of a grievance that does not allege an incident of sexual abuse.
  3. Residents are not required to use any informal grievance process, or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse.
  4. The company has the ability to defend against a lawsuit filed by a resident on the ground that the applicable statute of limitations has expired.
  5. A resident who alleges sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the complaint, and
  6. Such grievance is not referred to a staff member who is the subject of the complaint.
  7. Kintock shall forward all grievances to the appropriate contractor and investigative agency.
  8. Kintock shall provide an initial response within 48 hours. The initial response and final agency decision shall document the agency’s determination whether the resident is in substantial risk of imminent sexual abuse and the action taken in response to the emergency grievance. Whenever possible and upon receipt of final decision, it will be shared with the victim on the merits of any portion of a grievance alleging sexual abuse.
  9. The investigative agency may claim an extension of time to respond, of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. Kintock shall notify the resident in writing of any such extension and provide a date by which a decision will be made if available.
  10. Third parties, including fellow residents, staff members, family members, attorneys, and outside advocates, shall be permitted to assist residents in filing requests for administrative remedies relating to allegations of sexual abuse, and shall also be permitted to file such requests on behalf of residents.
  11. If a third party files such a request on behalf of a resident, the facility may require as a condition of processing the request that the alleged victim agree to have the request filed on his or her behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process.
  12. If the resident declines to have the request processed on his or her behalf, Kintock shall document the resident’s decision.
  13. Kintock may discipline a resident for filing a grievance related to alleged sexual abuse only where the agency demonstrates that the resident filed the grievance in bad faith.

253 Resident access to outside confidential support services

  1. The facility shall provide residents with access to outside victim advocates for emotional support services related to sexual abuse by giving residents mailing addresses and telephone numbers, including toll-free hotline numbers where available, of local, State, or national victim advocacy or rape crisis organizations, and by enabling reasonable communication between residents and these organizations, in as confidential a manner as possible.
  2. The facility shall inform residents, prior to giving them access, of the extent to which such communications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws. Kintock residents do not qualify as “vulnerable adults” in the State of NJ or PA. However, when Kintock employees learn of a PREA claim based on contractual agreement, the abuse or harassment shall be immediately reported to the contracting authority including the names of those involved and as much information concerning the alleged violation.
  3. Residents will be told upon admittance and in the confidential ways in which to report PREA violations anonymously by submitting a written grievance or by calling the Ombudsmen and/or SERV.
  4. Kintock shall maintain or attempt to enter into memoranda of understanding or other agreements with community service providers that are able to provide residents with confidential emotional support services related to sexual abuse. The agency shall maintain copies of agreements or documentation showing attempts to enter into such agreements.

254 Third-party reporting

Third-party reports of sexual abuse and sexual harassment can be received through the company website along with this publicly posted policy.

 

Official Response Following a Resident Report

261 Staff and agency reporting duties

  1. The Kintock Group requires all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in or outside of a facility, whether or not it is part of the agency; retaliation against residents or staff who reported such an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation.
  2. Apart from reporting to designated supervisors or officials, staff shall not reveal any information related to a sexual abuse report to anyone other than to the extent necessary, to make treatment, investigation, and other security and management decisions.
  3. Unless otherwise precluded by Federal, State, or local law, medical and mental health practitioners shall be required to report sexual abuse pursuant to paragraph (a) of this section and to inform residents of the practitioner’s duty to report, and the limitations of confidentiality, at the initiation of services.
  4. If the alleged victim is under the age of 18 or considered a vulnerable adult Kintock shall report the allegation to the designated State or local services agency under applicable mandatory reporting laws.
  5. The facility shall report all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports, to the contracting authority(ies).

262 Agency protection duties

Upon learning that a resident is subject to a substantial risk of imminent sexual abuse, Kintock shall take immediate action to protect the resident by separating the victim from perpetrator and attending the needs of the victim while not impeding in the investigation.

263 Reporting to other confinement facilities

  1. Upon receiving an allegation that a resident was sexually abused while confined at another facility, the head of the Site Administrator or Designee shall notify the head of the facility or appropriate office of the agency where the alleged abuse occurred.
  2. Such notification shall be provided as soon as possible, but no later than 72 hours after receiving the allegation and such notification shall be followed up in writing.

264 Staff first responder duties

  1. Upon learning of an allegation that a resident was sexually abused, the first staff member to respond to the report shall be required to:
    1. Separate the alleged victim and abuser;
    2. Preserve and protect any crime scene until appropriate steps can be taken to collect any evidence;
    3. If the abuse occurred within a time period that still allows for the collection of physical evidence, request that the alleged victim not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating; and
    4. If the abuse occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged abuser does not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating.


265 Coordinated response

To coordinate actions taken in response to an incident of sexual abuse all claims shall be immediately reported to the local facility PREA Coordinator, the investigative agency, medical and mental treatment and victim advocacy offered. Once the victims immediate needs are met and evidence secured, the Corporate PREA Coordinator shall be notified and the local PREA Coordinator will ensure retaliation is monitored.

266 Preservation of ability to protect residents from contact with abusers

  1. Neither the agency nor any other governmental entity responsible for collective bargaining on the agency’s behalf shall enter into or renew any collective bargaining agreement or other agreement that limits the agency’s ability to remove alleged staff sexual abusers from contact with residents pending the outcome of an investigation or of a determination of whether and to what extent discipline is warranted.
  2. Nothing in this standard shall restrict the entering into or renewal of agreements that govern the conduct of the disciplinary process, whether a no-contact assignment that is imposed pending the outcome of an investigation shall be expunged from or retained in the staff member’s personnel file following a determination that the allegation of sexual abuse is not substantiated.

267 Protection against retaliation

  1. All residents and staff who report sexual abuse or sexual harassment or cooperate with sexual abuse or sexual harassment investigations shall be protected from retaliation by other residents or staff and shall designate which staff members or departments are charged with monitoring retaliation.
  2. The review team shall include upper-level management officials, with input from line supervisors, investigators, the local PREA manager, the corporate PREA coordinator and when staff is potentially involved, the corporate director of human resources. When needed medical or mental health practitioners may be included.
  3. Multiple protection measures may be employed, such as housing changes or transfers for resident victims or abusers, removal of alleged staff or resident abusers from contact with victims, and emotional support services, for residents or staff who fear retaliation for reporting sexual abuse or sexual harassment or for cooperating with investigations.
  4. For at least 90 days following a report of sexual abuse, the local PREA coordinator shall monitor and document the conduct and treatment of residents or staff who reported the sexual abuse and of residents who were reported to have suffered sexual abuse to see if there are changes that may suggest possible retaliation by residents or staff, and shall act promptly to remedy any such retaliation. Items the agency should monitor include any resident disciplinary reports, housing, or program changes, or negative performance reviews or reassignments of staff. The agency shall continue such monitoring beyond 90 days if the initial monitoring indicates a continuing need.
  5. In the case of residents, such monitoring shall also include periodic status checks which will be documented and maintained in the resident’s file.
  6. If any other individual who cooperates with an investigation expresses a fear of retaliation, the local PREA coordinator shall take appropriate measures to protect that individual against retaliation.
  7. Kintock’s obligation to monitor shall terminate if it is determined by the investigative agency that the allegation is unfounded.

 

Investigations

271 Criminal and administrative agency investigations

  1. Outside agencies will investigate claims of sexual abuse, and the facility staff shall cooperate with outside investigators and shall endeavor to remain informed about the progress of the investigation.
  2. The agency shall retain all written reports received for as long as the alleged abuser continues to participate in the program or is employed by Kintock, plus five years.
  3. The departure of the alleged abuser or victim from the employment or control of the facility shall not provide a basis for terminating an investigation.

273 Reporting to residents

  1. Following an investigation into a resident’s allegation of sexual abuse suffered in the facility, Kintock and/or the contractor shall inform the resident as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded.
  2. The local PREA coordinator shall request the relevant information from the investigative agency in order to inform the resident.
  3. Following a resident’s allegation that a staff member has committed sexual abuse against the resident, Kintock and/or the contracting agency shall subsequently inform the resident (unless the agency has determined that the allegation is unfounded) whenever:
    1. The staff member is no longer posted within the resident’s unit;
    2. The staff member is no longer employed at the facility;
    3. It’s learned that the staff member has been indicted on a charge related to sexual abuse within the facility; or
    4. It’s learned that the staff member has been convicted on a charge related to sexual abuse within the facility.
  4. Following a resident’s allegation that he or she has been sexually abused by another resident, Kintock and/or the contractor shall subsequently inform the alleged victim whenever Kintock receives authorization by the contracting agency that the alleged abuser has been indicted or convicted on a charge related to sexual abuse within the facility.
  5. All such notifications or attempted notifications shall be documented.
  6. Kintock’s obligation to report shall terminate if the resident is released from the agency’s custody.

 

Discipline

276 Disciplinary sanctions for staff

  1. Staff shall be subject to disciplinary sanctions up to and including termination for violating agency sexual abuse or sexual harassment policies.

277 Corrective action for contractors and volunteers

  1. Any contractor or volunteer who engages in sexual abuse shall be prohibited from contact with residents and shall be reported to law enforcement agencies.
  2. Kintock shall take appropriate remedial measures, and shall consider whether to prohibit further contact with residents, in the case of any other violation of agency sexual abuse or sexual harassment policies by a contractor or volunteer

278 Disciplinary sanctions for residents

  1. Any resident found to have committed substantiated sexual harassment and/or a sexually abusive act shall no longer meet Kintock’s community correction criteria and shall be discharged from the program and remanded to Parole or DOC. Further formal disciplinary actions will be sanctioned by the custodial law enforcement entity.

 

Medical and Mental Care - Community Confinement

282 Access to emergency medical and mental health services

  1. Resident victims of sexual abuse shall receive timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope of which are determined by medical and mental health practitioners according to their professional judgment.
  2. Treatment services shall be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident.

283 Ongoing medical and mental health care for sexual abuse victims and abusers

  1. The facility shall offer medical and mental health evaluation and, as appropriate, treatment to all residents who have been victimized by sexual abuse.
  2. The evaluation and treatment of such victims shall include, as appropriate, follow-up services, treatment plans, and, when necessary, referrals for continued care following their transfer to, or placement in, other facilities, or their release from custody.
  3. The facility shall provide such victims with medical and mental health services consistent with the community level of care.
  4. Resident victims of sexually abusive vaginal penetration while incarcerated shall be offered pregnancy tests.
  5. If pregnancy results from conduct specified in paragraph (d) of this section, such victims shall receive timely and comprehensive information about and timely access to all lawful pregnancy-related medical services.
  6. Resident victims of sexual abuse while incarcerated shall be offered tests for sexually transmitted infections as medically appropriate.
  7. Treatment services shall be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident.
  8. The facility shall attempt to conduct a mental health evaluation of all known resident-on-resident abusers within 60 days of learning of such abuse history and offer treatment when deemed appropriate by mental health practitioners along with the contracting authority.

 

Data Collection and Review - Community Confinement

286 Sexual abuse incident reviews

  1. The facility shall conduct a sexual abuse incident review at the conclusion of every sexual abuse investigation, including where the allegation has not been substantiated, unless the allegation has been determined to be unfounded.
  2. Such review shall ordinarily occur within 30 days of the conclusion of the investigation.
  3. The review team shall include upper-level management officials, with input from line supervisors, investigators, the local PREA manager, the corporate PREA coordinator and when staff is potentially involved, the corporate director of human resources. When needed medical or mental health practitioners may be included.
  4. The review team shall:
    1. Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect, or respond to sexual abuse;
    2. Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; or gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility;
    3. Examine the area in the facility where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse;
    4. Assess the adequacy of staffing levels in that area during different shifts;
    5. Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff; and
    6. The facility shall prepare a report of its findings and any recommendations for improvement, and submit such report to the facility head and PREA compliance manager.
  5. The facility shall implement the recommendations for improvement, or shall document its reasons for not doing so.

287 Data collection

  1. The facility shall collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control using a standardized instrument and set of definitions.
  2. The facility shall aggregate the incident-based sexual abuse data at least annually.
  3. The incident-based data collected shall include, at a minimum, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the Department of Justice.
  4. The collected data shall be reviewed and maintained as needed from all available incident-based documents including reports, investigation files, and sexual abuse incident reviews.
  5. The corporate PREA coordinator also shall obtain incident-based and aggregated data from every private facility with which it contracts for the confinement of its residents.
  6. Upon request, the agency shall provide all such data from the previous calendar year to the Department of Justice upon request.

288 Data review for corrective action

  1. The local and corporate PREA coordinators shall review data collected and aggregated in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training, including:
    1. Identifying problem areas;
    2. Taking corrective action on an ongoing basis; and
    3. Preparing an annual report of its findings and corrective actions for each facility, as well as the agency as a whole.
  2. Such report shall include a comparison of the current year’s data and corrective actions with those from prior years and shall provide an assessment of the agency’s progress in addressing sexual abuse.
  3. The company’s report shall be approved by the agency head and made readily available to the public through its website.
  4. The company may redact specific material from the reports when publication would present a clear and specific threat to the safety and security of a facility, but must indicate the nature of the material redacted.

289 Data storage, publication, and destruction

  1. The facility and company shall ensure that data collected are securely retained.
  2. The company shall make all aggregated sexual abuse data, from facilities under its direct control and private facilities with which it contracts, readily available to the public at least annually through its website.
  3. Before making aggregated sexual abuse data publicly available, the company shall remove all personal identifiers.
  4. The company shall maintain sexual abuse data collected for substantiated cases for at least 10 years after the date of the initial collection unless Federal, State, or local law requires otherwise.