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Sergeant Exam > PREA > Flashcards

PREA Flashcards

1
Q

What is the term for any person detained in a lockup, regardless of adjudication status?

A

Detainee

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2
Q

Define ‘Agency’ according to the provided notes.

A

The unit with direct responsibility for operating a facility confining inmates, detainees, or residents.

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3
Q

What does ‘Full compliance’ refer to in the context of the standards?

A

Compliance with all material requirements except de minimis violations or discrete and temporary violations.

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4
Q

Explain the term ‘Inmate’ based on the course notes.

A

Any person incarcerated or detained in a prison or jail.

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5
Q

Define ‘Employee’ as mentioned in the notes.

A

A person who works directly for the agency or facility.

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6
Q

What does ‘Exigent circumstances’ refer to in a facility?

A

Temporary and unforeseen circumstances requiring immediate action to combat security threats.

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7
Q

What is meant by ‘Gender nonconforming’ in the context of the notes?

A

A person whose appearance or manner does not align with traditional gender expectations.

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8
Q

Explain the term ‘Intersex’ as per the provided notes.

A

A person with sexual or reproductive anatomy not fitting typical male or female definitions.

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9
Q

Define the term ‘Juvenile’ based on the information in the notes.

A

Any person under 18 unless under adult court supervision and confined in a prison or jail.

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10
Q

How should agencies ensure effective communication with detainees who are deaf or hard of hearing?

A

By providing access to interpreters who can interpret effectively using necessary specialized vocabulary.

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11
Q

What steps should agencies take to provide effective communication with detainees with disabilities?

A

They should ensure written materials are provided in formats accommodating disabilities and effective communication.

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12
Q

When can an agency be excused from taking actions to accommodate disabilities?

A

If it would result in fundamental alteration of service or impose undue financial and administrative burdens.

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13
Q

Under what circumstances can detainee interpreters be relied upon?

A

Detainee interpreters can only be relied upon when an extended delay in obtaining an effective interpreter could compromise safety.

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14
Q

What is required before hiring new employees who may have contact with detainees?

A

A criminal background records check must be performed.

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15
Q

What should agencies do in determining whether to hire someone with contact with detainees?

A

Consider incidents of sexual harassment.

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16
Q

How often should agencies conduct criminal background records checks on current employees and contractors with detainee contact?

A

At least every five years.

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17
Q

Who develops and issues an audit instrument to guide the audit process?

A

The Department of Justice.

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18
Q

What must the agency demonstrate regarding compliance with PREA standards?

A

The agency must demonstrate compliance with the standards.

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19
Q

What documents and records must the auditor review during audits?

A

All relevant agency-wide policies, procedures, reports, and more.

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20
Q

What access does the auditor have to the audited facilities?

A

The auditor has access to and can observe all areas.

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21
Q

What documentation must the auditor retain and provide to the Department of Justice?

A

The auditor must retain and provide all documentation relied upon.

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22
Q

Who can the auditor interview during the auditing process?

A

A representative sample of inmates, staff, and administrators.

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23
Q

What qualifications must auditors possess according to § 115.402?

A

Auditors must be certified by the Department of Justice.

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24
Q

Who can conduct an audit according to the criteria specified in § 115.402?

A

Members of correctional monitoring bodies, auditing entities, or individuals with relevant experience.

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25
Q

What conflict of interest certification must auditors include in each audit?

A

Auditors must include a certification that no conflict of interest exists.

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26
Q

What are the possible findings for each PREA standard in audit reports?

A

Exceeds Standard, Meets Standard, Does Not Meet Standard.

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27
Q

What must employees disclose about previous misconduct?

A

Employees must disclose any previous misconduct in applications, interviews, and self-evaluations.

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28
Q

What can lead to termination according to the notes?

A

Material omissions or provision of false information about misconduct can lead to termination.

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29
Q

When must the agency provide information on substantiated allegations of misconduct?

A

The agency must provide information upon receiving a request from a prospective employer.

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30
Q

What should the agency consider when designing new lockups?

A

The agency should consider the impact on protecting detainees from sexual abuse.

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31
Q

What training is required for employees and volunteers regarding sexual abuse victims?

A

Training on detection and response to sexual abuse victims is required.

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32
Q

What must the agency offer victims of sexual abuse access to without cost?

A

The agency must offer forensic medical examinations without financial cost.

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33
Q

Who should perform forensic medical examinations according to the notes?

A

Examinations should ideally be performed by Sexual Assault Forensic Examiners or Nurses.

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34
Q

What is the agency’s responsibility if it’s not investigating abuse allegations itself?

A

The agency should request the investigating agency to follow the required protocols.

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35
Q

What type of policy should be in place to handle allegations of potentially criminal behavior?

A

Policy to ensure allegations are referred for criminal investigation by agency with legal authority.

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36
Q

How should agencies make their policies on handling allegations accessible?

A

Publish policy on website or make it available through other means if no website.

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37
Q

What documentation is required for all referrals of sexual abuse investigations?

A

The agency shall document all referrals of sexual abuse investigations.

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38
Q

When should current employees and volunteers be trained under PREA standards?

A

Within one year of the effective date of the PREA standards.

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39
Q

What should the agency provide to employees and volunteers annually regarding sexual abuse policies?

A

Annual refresher information to ensure knowledge of current agency policies.

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40
Q

What should the agency do to ensure employees understand the training they receive?

A

Document through employee signature or electronic verification.

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41
Q

What should employees do during the intake process according to § 115.132?

A

Notify all detainees of the agency’s zero-tolerance policy.

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42
Q

Who else needs to be informed of the agency’s zero-tolerance policy upon entering the lockup?

A

Contractors and any inmates who work in the lockup.

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43
Q

What is the specialized training required for investigators related to sexual abuse investigations?

A

Techniques for interviewing victims, proper use of warnings, evidence collection, and case substantiation.

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44
Q

What are the components of specialized training in conducting sexual abuse investigations?

A

Interviewing techniques, proper use of warnings, evidence collection, and case criteria.

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45
Q

What is required to be provided to agents and investigators who conduct sexual abuse investigations according to § 115.134?

A

Specialized training provided by State entities or Department of Justice components.

46
Q

What is the purpose of screening for risk of victimization and abusiveness according to § 115.141?

A

To assess risk in lockups not utilized to house detainees.

47
Q

Define ‘Lockup’ based on the course notes.

A

A facility primarily used for the temporary confinement of individuals recently arrested or detained.

48
Q

What is the role of ‘Law enforcement staff’ in lockups?

A

They are employees responsible for the supervision and control of detainees.

49
Q

Explain the term ‘Medical practitioner’ as per the notes.

A

A health professional permitted by law to evaluate and care for patients.

50
Q

What do you understand by ‘Qualified mental health practitioner’?

A

A mental health professional with specialized training in treating sexual abuse victims.

51
Q

Describe a ‘Pat-down search’ according to the course notes.

A

Running hands over the clothed body of an individual to check for contraband.

52
Q

How is a ‘Prison’ defined based on federal or state jurisdiction?

A

An institution for individuals convicted of serious crimes, usually exceeding one year.

53
Q

What is a ‘Secure juvenile facility’ according to the notes?

A

A facility with restricted movements and intensive staff supervision for residents.

54
Q

Explain the term ‘Strip search’ as mentioned in the course notes.

A

A search requiring a person to remove clothing for visual inspection of breasts, buttocks, or genitalia.

55
Q

What type of data should be collected for every allegation of sexual abuse at lockups?

A

Accurate, uniform data using a standardized instrument and set of definitions.

56
Q

How often should the incident-based sexual abuse data be aggregated?

A

At least annually.

57
Q

What should the agency do with incident-based data collected from available documents?

A

Maintain, review, and collect data as needed.

58
Q

When should the agency provide the Department of Justice with data from the previous calendar year?

A

No later than June 30.

59
Q

What should the agency do to assess and improve the effectiveness of its sexual abuse prevention policies?

A

Review collected and aggregated data.

60
Q

What is required in the agency’s annual report regarding sexual abuse?

A

Comparison of current year’s data with prior years and assessment of progress.

61
Q

Where should the agency make sexual abuse data available to the public?

A

Through its website or other means if no website is available.

62
Q

How long should the agency maintain sexual abuse data collected unless required otherwise by law?

A

At least 10 years after the initial collection.

63
Q

How often should each facility operated by the agency be audited?

A

At least once during a three-year period.

64
Q

Who may send audits of standards for the agency?

A

The Department of Justice.

65
Q

What acts constitute sexual abuse of an inmate by another inmate?

A

Contact between penis and vulva or anus, mouth and genitals, penetration by hand or object.

66
Q

What acts constitute sexual abuse of an inmate by staff?

A

Contact between penis and vulva or anus, mouth and genitals, any intentional touching.

67
Q

Define voyeurism in the context of inmate abuse.

A

Invasion of privacy by staff member peering at an inmate performing bodily functions.

68
Q

What is included in the definition of sexual harassment in this context?

A

Unwelcome advances, requests for favors, derogatory comments, gestures, and actions.

69
Q

What is mandated in agency policies regarding sexual abuse and harassment?

A

Zero tolerance approach, prevention, detection, and response strategies.

70
Q

What is required in agencies regarding PREA coordinator roles?

A

Employ an upper-level PREA coordinator, outlining responsibilities and time availability.

71
Q

What should audit reports include for each audited facility?

A

Methodology, sampling sizes, basis for conclusions, and recommendations for corrective action.

72
Q

When should a corrective action plan be developed?

A

When a finding of ‘Does Not Meet Standard’ is identified with one or more standards.

73
Q

What happens after the 180-day corrective action period ends?

A

The auditor issues a final determination on whether the facility has achieved compliance.

74
Q

When can an agency request a subsequent audit?

A

If it does not achieve compliance and believes it has achieved compliance at its discretion and cost.

75
Q

When can an agency lodge an audit appeal with the Department of Justice?

A

Within 90 days of the auditor’s final determination if it believes there is an incorrect finding.

76
Q

Who determines whether the State is in full compliance with the PREA standards?

A

The Governor considers the results of the most recent agency audits.

77
Q

What is the timeframe for notifying the head of the facility where alleged abuse occurred after receiving an allegation?

A

Notification must be provided within 72 hours of receiving the allegation.

78
Q

What are the duties of the first law enforcement staff member upon learning of an allegation of sexual abuse?

A

Separate the alleged victim and abuser, preserve the crime scene, and safeguard physical evidence.

79
Q

What is required of the first staff responder if not a law enforcement staff member upon learning of an allegation of sexual abuse?

A

Request the alleged victim to not destroy evidence and notify law enforcement staff.

80
Q

What coordinated actions should be included in the written institutional plan in response to a lockup incident of sexual abuse?

A

Actions among staff first responders, medical and mental health practitioners, investigators, and agency leadership.

81
Q

What is the agency required to inform the receiving facility if a victim is transferred due to a lockup incident of sexual abuse?

A

Inform the receiving facility of the incident and the victim’s potential need for medical or social services.

82
Q

What is prohibited in collective bargaining agreements concerning the agency’s ability to protect detainees from contact with alleged staff abusers?

A

Entering into agreements that limit the agency’s ability to remove alleged staff abusers from contact with detainees.

83
Q

What policy should the agency establish to protect individuals who report sexual abuse from retaliation?

A

A policy to safeguard all detainees and staff who report sexual abuse from retaliation.

84
Q

What steps should staff take to mitigate risks of sexual abuse in holding cells?

A

Staff should consider detainee vulnerability and take necessary steps to mitigate danger.

85
Q

How should detainees be screened in lockups overnight?

A

All detainees should be screened for risk of being sexually abused or abusive towards others.

86
Q

What criteria are considered during the screening process in lockups?

A

Criteria include mental/physical disabilities, age, physical appearance, incarceration history, alleged offense.

87
Q

What reporting options should be available for detainees to report sexual abuse?

A

Detainees should have multiple ways to privately report sexual abuse, harassment, and neglect.

88
Q

How should staff accept reports of sexual abuse from detainees?

A

Staff should accept reports verbally, in writing, anonymously, and from third parties.

89
Q

What duties are required of staff according to agency policy following a detainee report?

A

Staff must report any knowledge or suspicion of sexual abuse, harassment, or neglect in lockups.

90
Q

What actions should an agency take upon learning a detainee is at risk of imminent sexual abuse?

A

The agency must take immediate action to protect the detainee from substantial risk.

91
Q

What are the presumptive disciplinary sanctions for staff involved in sexual abuse?

A

Disciplinary sanctions commensurate with the acts committed and disciplinary history.

92
Q

What must be done with terminations/resignations due to sexual abuse violations?

A

Reported to law enforcement agencies and relevant licensing bodies.

93
Q

What actions are required for contractors/volunteers involved in sexual abuse?

A

Prohibited from contact with detainees and reported to law enforcement.

94
Q

When must referrals be made for detainee-on-detainee sexual abuse?

A

When there is probable cause, the matter must be referred to prosecuting authority.

95
Q

What access should detainee victims of sexual abuse have to emergency medical services?

A

They should receive timely, unimpeded access without financial cost.

96
Q

What is involved in conducting a sexual abuse incident review?

A

Examining areas, staffing levels, technology, and policy/practice changes.

97
Q

What is the main purpose of the Prison Rape Elimination Act (PREA)?

A

Establish a standard of zero tolerance for rape and sexual assault in detention facilities.

98
Q

Who is the designated PREA Coordinator for the Lexington Police Department?

A

The Bureau of Investigation Special Victims Section lieutenant.

99
Q

What does PREA define as a ‘lockup’?

A

A facility primarily used for temporary confinement of recently arrested individuals.

100
Q

What is the effective date of General Order 2013-04A related to PREA?

A

08/18/2018

101
Q

What type of facilities does PREA aim to address in terms of sexual abuse and harassment?

A

Prisons, jails, police lockups, and juvenile facilities.

102
Q

According to PREA, who does ‘detainee’ refer to?

A

Any person detained in a lockup, regardless of adjudication status.

103
Q

What document is mandated by the Lexington Police Department regarding PREA?

A

‘Prison Rape Elimination Act Lockup Standards; United States Department of Justice Final Rule.’

104
Q

What are some components covered by the ‘National Standards to Prevent, Detect, and Respond to Prison Rape’ under PREA?

A

Training, screening for risk, reporting procedures, and responsive planning.

105
Q

What must an agency do if any individual fears retaliation for reporting sexual abuse?

A

Take appropriate measures to protect the individual against retaliation.

106
Q

What type of investigations should an agency conduct for all allegations of sexual abuse and harassment?

A

Prompt, thorough, and objective investigations.

107
Q

What should investigators do when gathering evidence in sexual abuse investigations?

A

Gather and preserve direct and circumstantial evidence.

108
Q

How should the credibility of an alleged victim, suspect, or witness be assessed?

A

On an individual basis and not based on status as detainee or staff.

109
Q

What standard should the agency impose in determining if sexual abuse allegations are substantiated?

A

No standard higher than a preponderance of the evidence.

110
Q

What disciplinary sanctions can staff face for violating agency sexual abuse policies?

A

Disciplinary sanctions up to and including termination.

Sergeant Exam (108 decks)

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