PREA Flashcards
What is the term for any person detained in a lockup, regardless of adjudication status?
Detainee
Define ‘Agency’ according to the provided notes.
The unit with direct responsibility for operating a facility confining inmates, detainees, or residents.
What does ‘Full compliance’ refer to in the context of the standards?
Compliance with all material requirements except de minimis violations or discrete and temporary violations.
Explain the term ‘Inmate’ based on the course notes.
Any person incarcerated or detained in a prison or jail.
Define ‘Employee’ as mentioned in the notes.
A person who works directly for the agency or facility.
What does ‘Exigent circumstances’ refer to in a facility?
Temporary and unforeseen circumstances requiring immediate action to combat security threats.
What is meant by ‘Gender nonconforming’ in the context of the notes?
A person whose appearance or manner does not align with traditional gender expectations.
Explain the term ‘Intersex’ as per the provided notes.
A person with sexual or reproductive anatomy not fitting typical male or female definitions.
Define the term ‘Juvenile’ based on the information in the notes.
Any person under 18 unless under adult court supervision and confined in a prison or jail.
How should agencies ensure effective communication with detainees who are deaf or hard of hearing?
By providing access to interpreters who can interpret effectively using necessary specialized vocabulary.
What steps should agencies take to provide effective communication with detainees with disabilities?
They should ensure written materials are provided in formats accommodating disabilities and effective communication.
When can an agency be excused from taking actions to accommodate disabilities?
If it would result in fundamental alteration of service or impose undue financial and administrative burdens.
Under what circumstances can detainee interpreters be relied upon?
Detainee interpreters can only be relied upon when an extended delay in obtaining an effective interpreter could compromise safety.
What is required before hiring new employees who may have contact with detainees?
A criminal background records check must be performed.
What should agencies do in determining whether to hire someone with contact with detainees?
Consider incidents of sexual harassment.
How often should agencies conduct criminal background records checks on current employees and contractors with detainee contact?
At least every five years.
Who develops and issues an audit instrument to guide the audit process?
The Department of Justice.
What must the agency demonstrate regarding compliance with PREA standards?
The agency must demonstrate compliance with the standards.
What documents and records must the auditor review during audits?
All relevant agency-wide policies, procedures, reports, and more.
What access does the auditor have to the audited facilities?
The auditor has access to and can observe all areas.
What documentation must the auditor retain and provide to the Department of Justice?
The auditor must retain and provide all documentation relied upon.
Who can the auditor interview during the auditing process?
A representative sample of inmates, staff, and administrators.
What qualifications must auditors possess according to § 115.402?
Auditors must be certified by the Department of Justice.
Who can conduct an audit according to the criteria specified in § 115.402?
Members of correctional monitoring bodies, auditing entities, or individuals with relevant experience.
What conflict of interest certification must auditors include in each audit?
Auditors must include a certification that no conflict of interest exists.
What are the possible findings for each PREA standard in audit reports?
Exceeds Standard, Meets Standard, Does Not Meet Standard.
What must employees disclose about previous misconduct?
Employees must disclose any previous misconduct in applications, interviews, and self-evaluations.
What can lead to termination according to the notes?
Material omissions or provision of false information about misconduct can lead to termination.
When must the agency provide information on substantiated allegations of misconduct?
The agency must provide information upon receiving a request from a prospective employer.
What should the agency consider when designing new lockups?
The agency should consider the impact on protecting detainees from sexual abuse.
What training is required for employees and volunteers regarding sexual abuse victims?
Training on detection and response to sexual abuse victims is required.
What must the agency offer victims of sexual abuse access to without cost?
The agency must offer forensic medical examinations without financial cost.
Who should perform forensic medical examinations according to the notes?
Examinations should ideally be performed by Sexual Assault Forensic Examiners or Nurses.
What is the agency’s responsibility if it’s not investigating abuse allegations itself?
The agency should request the investigating agency to follow the required protocols.
What type of policy should be in place to handle allegations of potentially criminal behavior?
Policy to ensure allegations are referred for criminal investigation by agency with legal authority.
How should agencies make their policies on handling allegations accessible?
Publish policy on website or make it available through other means if no website.
What documentation is required for all referrals of sexual abuse investigations?
The agency shall document all referrals of sexual abuse investigations.
When should current employees and volunteers be trained under PREA standards?
Within one year of the effective date of the PREA standards.
What should the agency provide to employees and volunteers annually regarding sexual abuse policies?
Annual refresher information to ensure knowledge of current agency policies.
What should the agency do to ensure employees understand the training they receive?
Document through employee signature or electronic verification.
What should employees do during the intake process according to § 115.132?
Notify all detainees of the agency’s zero-tolerance policy.
Who else needs to be informed of the agency’s zero-tolerance policy upon entering the lockup?
Contractors and any inmates who work in the lockup.
What is the specialized training required for investigators related to sexual abuse investigations?
Techniques for interviewing victims, proper use of warnings, evidence collection, and case substantiation.
What are the components of specialized training in conducting sexual abuse investigations?
Interviewing techniques, proper use of warnings, evidence collection, and case criteria.
What is required to be provided to agents and investigators who conduct sexual abuse investigations according to § 115.134?
Specialized training provided by State entities or Department of Justice components.
What is the purpose of screening for risk of victimization and abusiveness according to § 115.141?
To assess risk in lockups not utilized to house detainees.
Define ‘Lockup’ based on the course notes.
A facility primarily used for the temporary confinement of individuals recently arrested or detained.
What is the role of ‘Law enforcement staff’ in lockups?
They are employees responsible for the supervision and control of detainees.
Explain the term ‘Medical practitioner’ as per the notes.
A health professional permitted by law to evaluate and care for patients.
What do you understand by ‘Qualified mental health practitioner’?
A mental health professional with specialized training in treating sexual abuse victims.
Describe a ‘Pat-down search’ according to the course notes.
Running hands over the clothed body of an individual to check for contraband.
How is a ‘Prison’ defined based on federal or state jurisdiction?
An institution for individuals convicted of serious crimes, usually exceeding one year.
What is a ‘Secure juvenile facility’ according to the notes?
A facility with restricted movements and intensive staff supervision for residents.
Explain the term ‘Strip search’ as mentioned in the course notes.
A search requiring a person to remove clothing for visual inspection of breasts, buttocks, or genitalia.
What type of data should be collected for every allegation of sexual abuse at lockups?
Accurate, uniform data using a standardized instrument and set of definitions.
How often should the incident-based sexual abuse data be aggregated?
At least annually.
What should the agency do with incident-based data collected from available documents?
Maintain, review, and collect data as needed.
When should the agency provide the Department of Justice with data from the previous calendar year?
No later than June 30.
What should the agency do to assess and improve the effectiveness of its sexual abuse prevention policies?
Review collected and aggregated data.
What is required in the agency’s annual report regarding sexual abuse?
Comparison of current year’s data with prior years and assessment of progress.
Where should the agency make sexual abuse data available to the public?
Through its website or other means if no website is available.
How long should the agency maintain sexual abuse data collected unless required otherwise by law?
At least 10 years after the initial collection.
How often should each facility operated by the agency be audited?
At least once during a three-year period.
Who may send audits of standards for the agency?
The Department of Justice.
What acts constitute sexual abuse of an inmate by another inmate?
Contact between penis and vulva or anus, mouth and genitals, penetration by hand or object.
What acts constitute sexual abuse of an inmate by staff?
Contact between penis and vulva or anus, mouth and genitals, any intentional touching.
Define voyeurism in the context of inmate abuse.
Invasion of privacy by staff member peering at an inmate performing bodily functions.
What is included in the definition of sexual harassment in this context?
Unwelcome advances, requests for favors, derogatory comments, gestures, and actions.
What is mandated in agency policies regarding sexual abuse and harassment?
Zero tolerance approach, prevention, detection, and response strategies.
What is required in agencies regarding PREA coordinator roles?
Employ an upper-level PREA coordinator, outlining responsibilities and time availability.
What should audit reports include for each audited facility?
Methodology, sampling sizes, basis for conclusions, and recommendations for corrective action.
When should a corrective action plan be developed?
When a finding of ‘Does Not Meet Standard’ is identified with one or more standards.
What happens after the 180-day corrective action period ends?
The auditor issues a final determination on whether the facility has achieved compliance.
When can an agency request a subsequent audit?
If it does not achieve compliance and believes it has achieved compliance at its discretion and cost.
When can an agency lodge an audit appeal with the Department of Justice?
Within 90 days of the auditor’s final determination if it believes there is an incorrect finding.
Who determines whether the State is in full compliance with the PREA standards?
The Governor considers the results of the most recent agency audits.
What is the timeframe for notifying the head of the facility where alleged abuse occurred after receiving an allegation?
Notification must be provided within 72 hours of receiving the allegation.
What are the duties of the first law enforcement staff member upon learning of an allegation of sexual abuse?
Separate the alleged victim and abuser, preserve the crime scene, and safeguard physical evidence.
What is required of the first staff responder if not a law enforcement staff member upon learning of an allegation of sexual abuse?
Request the alleged victim to not destroy evidence and notify law enforcement staff.
What coordinated actions should be included in the written institutional plan in response to a lockup incident of sexual abuse?
Actions among staff first responders, medical and mental health practitioners, investigators, and agency leadership.
What is the agency required to inform the receiving facility if a victim is transferred due to a lockup incident of sexual abuse?
Inform the receiving facility of the incident and the victim’s potential need for medical or social services.
What is prohibited in collective bargaining agreements concerning the agency’s ability to protect detainees from contact with alleged staff abusers?
Entering into agreements that limit the agency’s ability to remove alleged staff abusers from contact with detainees.
What policy should the agency establish to protect individuals who report sexual abuse from retaliation?
A policy to safeguard all detainees and staff who report sexual abuse from retaliation.
What steps should staff take to mitigate risks of sexual abuse in holding cells?
Staff should consider detainee vulnerability and take necessary steps to mitigate danger.
How should detainees be screened in lockups overnight?
All detainees should be screened for risk of being sexually abused or abusive towards others.
What criteria are considered during the screening process in lockups?
Criteria include mental/physical disabilities, age, physical appearance, incarceration history, alleged offense.
What reporting options should be available for detainees to report sexual abuse?
Detainees should have multiple ways to privately report sexual abuse, harassment, and neglect.
How should staff accept reports of sexual abuse from detainees?
Staff should accept reports verbally, in writing, anonymously, and from third parties.
What duties are required of staff according to agency policy following a detainee report?
Staff must report any knowledge or suspicion of sexual abuse, harassment, or neglect in lockups.
What actions should an agency take upon learning a detainee is at risk of imminent sexual abuse?
The agency must take immediate action to protect the detainee from substantial risk.
What are the presumptive disciplinary sanctions for staff involved in sexual abuse?
Disciplinary sanctions commensurate with the acts committed and disciplinary history.
What must be done with terminations/resignations due to sexual abuse violations?
Reported to law enforcement agencies and relevant licensing bodies.
What actions are required for contractors/volunteers involved in sexual abuse?
Prohibited from contact with detainees and reported to law enforcement.
When must referrals be made for detainee-on-detainee sexual abuse?
When there is probable cause, the matter must be referred to prosecuting authority.
What access should detainee victims of sexual abuse have to emergency medical services?
They should receive timely, unimpeded access without financial cost.
What is involved in conducting a sexual abuse incident review?
Examining areas, staffing levels, technology, and policy/practice changes.
What is the main purpose of the Prison Rape Elimination Act (PREA)?
Establish a standard of zero tolerance for rape and sexual assault in detention facilities.
Who is the designated PREA Coordinator for the Lexington Police Department?
The Bureau of Investigation Special Victims Section lieutenant.
What does PREA define as a ‘lockup’?
A facility primarily used for temporary confinement of recently arrested individuals.
What is the effective date of General Order 2013-04A related to PREA?
08/18/2018
What type of facilities does PREA aim to address in terms of sexual abuse and harassment?
Prisons, jails, police lockups, and juvenile facilities.
According to PREA, who does ‘detainee’ refer to?
Any person detained in a lockup, regardless of adjudication status.
What document is mandated by the Lexington Police Department regarding PREA?
‘Prison Rape Elimination Act Lockup Standards; United States Department of Justice Final Rule.’
What are some components covered by the ‘National Standards to Prevent, Detect, and Respond to Prison Rape’ under PREA?
Training, screening for risk, reporting procedures, and responsive planning.
What must an agency do if any individual fears retaliation for reporting sexual abuse?
Take appropriate measures to protect the individual against retaliation.
What type of investigations should an agency conduct for all allegations of sexual abuse and harassment?
Prompt, thorough, and objective investigations.
What should investigators do when gathering evidence in sexual abuse investigations?
Gather and preserve direct and circumstantial evidence.
How should the credibility of an alleged victim, suspect, or witness be assessed?
On an individual basis and not based on status as detainee or staff.
What standard should the agency impose in determining if sexual abuse allegations are substantiated?
No standard higher than a preponderance of the evidence.
What disciplinary sanctions can staff face for violating agency sexual abuse policies?
Disciplinary sanctions up to and including termination.
