S241- Prevention of inmate sexual abuse/harassment Flashcards
S241-
Prevention of inmate sexual abuse/harassment
To strengthen and better enforce the Department’s zero tolerance policy for any sexual conduct in accordance with the Prison Rape Elimination Act (PREA) of 2003
Purpose
: an allegation that was investigated and the investigation determined that the event did not occur.
Unfounded Allegation
an oral, written or electronic statement that sexual abuse/harassment has occurred or might occur that is provided to a staff member or outside agency.
Allegation:
an allegation that was investigated and the investigation determined that the event occurred.
Substantiated Allegation:
an allegation that was investigated and the investigation produced insufficient evidence to make a final determination as to whether the event occurred.
Unsubstantiated allegations:
an investigator’s process of conducting interviews and weighing the evidence to determine the truthfulness of victim, witness and suspect statements.
Credibility Assessment:
any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility.
Exigent Circumstances:
a person’s expression of their gender identity including appearance, dress, mannerisms, speech and social interactions.
Gender Expression:
a person’s internal, deeply felt sense of being male or female, regardless of the person’s sex at birth.
Gender Identity:
a person whose gender identity and/or expression do not conform to gender stereotypes generally associated with their biological sex.
Gender Nonconforming:
acronym meaning lesbian, gay, bi-sexual, transgender and intersex
LGBTI:
a condition usually present at birth that involves reproductive, genetic, or sexual anatomy that does not seem to fit the typical definitions of female or male.
Intersex:
a criterion limiting access of certain information to individuals who require the information to make decisions or take action with regard to an inmate’s safety or treatment or to the investigative process.
Need to know:
an administrative status whereby a staff member is prohibited from assignment to any duties which would involve physical proximity to, or verbal/written communication with, an inmate.
No Inmate Contact:
the manager designated to monitor agency compliance.
PREA Coordinator:
the manager at each facility designated to monitor policy implementation.
PREA Compliance Managers:
an inmate either convicted of sexual abuse/harassment
Predator:
individuals appointed by the institution Superintendents and responsible for conducting assessments of Department responses to allegations of sexual abuse/harassment.
PREA Review Committee:
the subjection of another person, who is incapable of giving consent by reason of his/her custodial status, to sexual contact in any degree by persuasion, inducement, enticement, or forcible compulsion.
Sexual Abuse:
any touching (either directly or through the clothing) of the genitalia, anus, groin, breast, inner thigh, or buttocks that is unrelated to official duties, or penetration of the anal or genital opening of another person by a hand, finger or other object. This term shall include, but not be limited to, carnal knowledge, oral sodomy, and sexual assault with an object, sexual fondling or molestation of a person, rape, or sexual exploitation (e.g. prostitution).
Sexual Contact:
repeated and unwelcome sexual advances or requests for sexual favors, as well as verbal comments or gestures of a sexual nature, including demeaning reference to gender, sexually suggestive derogatory comments about body or clothing, or obscene language or gestures, verbal comments, or gestures or actions of a derogatory or offensive sexual nature.
Sexual Harassment:
the display of uncovered genitalia, buttocks, or breast(s) in the presence of an inmate.
Indecent Exposure:
an invasion of the inmate’s privacy (for reasons unrelated to official duties or when otherwise not necessary for safety and security reasons), such as peering at an inmate who is using the toilet, requiring an inmate to expose their buttock, genitals, or breast, or taking images of all or part of an inmates naked body or of an inmate performing bodily functions and distributing or publishing them.
Voyeurism:
any employee, contractor, intern or volunteer of the Department
Staff:
contact (either directly or through clothing) with the genitalia, anus, groin, breast, inner thigh, mouth or buttocks with intent to arouse or gratify the sexual desire of any person.
Sexual Relations:
a term describing persons whose gender identity and/or expression do not conform to the gender roles assigned them at birth.
Transgender:
a person who has received education concerning sexual abuse and forensic examination issues in general and has been screened for appropriateness to serve in this role
Victim Advocate:
The Department has a __________ policy for sexual abuse/harassment of inmates.
zero tolerance
The Department has a _______policy for discrimination or mistreatment of inmates on the basis of _________ or ___________
zero tolerance
sexual orientation or gender identity
The Department shall appoint a PREA _________ and PREA _____________ for each housing facility
Coordinator
Compliance Managers
The Shift Commander will immediately notify the ___________ or ___________ of any allegations of sexual abuse/harassment
Superintendent or duty officer
Violations of this policy by staff will result in disciplinary action, up to and including _________
termination
Termination will be the __________ disciplinary sanction for staff involved in sexual abuse of inmates
presumptive
Inmates _________ consent to sex
cannot
The Department shall not conduct cross-gender strip searches or cross-gender body cavity searches except in _________ or when performed by medical practitioners
exigent circumstances
The Department shall not conduct _____________ except in exigent circumstances.
cross-gender pat down searches
Unit officers (HOC) or Housing Control officers (Jail), when granting access to a staff member of the opposite sex from the inmates in that unit, will announce “_____________” loud enough to be heard by unit occupants
female (or male) on the unit
_________ and ________ inmates shall be given the opportunity to shower separately from other inmates
Transgender and intersex
The Department shall not physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status unless it is done as part of a _________ conducted, in private, by a medical practitioner.
broader medical examination
The Department shall perform an intake screening to obtain and use information about the inmate’s history to reduce the risk of sexual abuse/harassment of the inmate within______ hours of him/her being booked
seventy-two (72)
Sheriff or designee shall notify head of other agency in writing within _________ hrs. and copy to SID
72hrs
An inmate’s risk level shall be reassessed within a set time period, not to exceed _______days from the inmate’s arrival
thirty (30)
Inmates shall be _____________ from others only as a last resort when less restrictive measures are inadequate to keep them and others safe
segregated
_______ inmates shall not be classified based solely on such identification or status
LGBTI
If allegations of sexual abuse involve potentially criminal behavior, the matter may be referred to the:
1
2
3
Boston Police Department (BPD),
Suffolk County District Attorney’s (DA) office
Attorney General’s (AG) office
Upon request, strip searches will be conducted by officers of the same __________as the inmate
gender identity
All allegations and incidents of sexual abuse/ harassment of inmates shall be immediately reported by staff to the ___________
Shift Commander
Failure to report these allegations or incidents by staff may result in disciplinary action up to and including ________
termination
The command staff, captains, lieutenants, and sergeants shall make ______ rounds to identify and deter ____________ on every shift and document in unit log book.
unannounced
sexual abuse/harassment
Inmates shall receive ______ information during intake, at orientation, and from the inmate guide
PREA
The ______________ shall work with the command staff and the Training Division to develop a plan to educate and inform inmates about sexual abuse/harassment Oral and Written information
PREA Coordinator
The ________shall develop a plan to train staff in their responsibilities pursuant to this policy
Training Division
All inmates shall be assessed (using an objective screening instrument) within hours
seventy-two (72)
Upon learning that an inmate has been identified as either a victim or a predator, or is at risk for such, the _________ shall be notified
ADS/CAD
Grievances regarding PREA have no ____________ to submit; does not need to attempt to resolve prior to submitting
time limit
A _____________ of the Jail and the HOC shall be conducted __________ Inmates shall be advised that they may call the SID hotline at (617) 704-6666 to report allegations of sexual abuse/harassment.
vulnerability assessment
annually
The Department shall provide inmates with the ability to contact a __________ public or private entity or office to report sexual abuse/harassment.
3rd party
The Department shall make all __________________ and its annual report readily available to the public at least annually
aggregated sexual abuse/harassment data
The ______________ shall work with the __________ to develop and implement a plan to educate inmate families, constituents, other state agencies, and the general public on PREA and how they can support its enforcement
Office of Community and External Affairs
PREA Coordinator
A list of all known victims and predators shall be developed and kept up to date by the _______ with a procedure to monitor their behavior.
ADS/CAD
The __________ shall immediately be notified in the event of a sexual abuse/harassment allegation; scene secured.
Shift Commander
What to do of prea occurs:
Monitor i/m behavior. Take note of witnesses. Separate victim and perp
The inmate victim shall be taken to the infirmary for emergency medical care and ______________
mental health treatment
Inmates who are possible victims of sexually abusive vaginal penetration shall be offered a _____________
pregnancy test.
If pregnancy results, inmates shall receive comprehensive information about, and timely access to, all lawful ______________
medical service
Inmates who are possible victims of sexual abuse/harassment shall be offered tests for _________ as needed
sexually-transmitted diseases
Detailed report(s) shall be filed with the Shift Commander by the ______________
end of the shift
Medical Staff make determination if the inmate should be sent to an outside hospital, and they consent, the inmate shall be sent to one with a ______________ where they will receive preventative treatment
Sexual Assault Nurse Examiner (SANE) program
Once cleared by medical and mental health staff, the _______ or _____ shall determine an appropriate housing assignment
AS or ADS/CAD
The inmate shall be seen no later than the next business day unless at risk of harming themself, in which case they will be seen immediately by the _________
mental health staff.
A __________ shall keep the inmate informed of their status, the progress of any disciplinary actions, and the status of any criminal prosecution of perpetrator
victim advocate
When evidence is collected at an outside hospital, the _____________shall retrieve it and coordinate with ____ to transport it either to the facility for refrigerated storage or to the BPD crime lab.
transporting officer(s)
SID
If the alleged perpetrator is a staff member, the _________ will retain the evidence
hospital
If the Superintendent believes that a crime may have been committed, they will contact the ____, ____, _______
BPD, the DA or the AG
Do not rely on inmate translators except where extreme delay could compromise ______
safety
No punishment for refusing ______ Intake Form
PREA
The Superintendent, SID, and the PREA Coordinator shall review and assess all reports regarding instances of sexual abuse/harassment within _________ hours.
seventy-two (72)
SID will produce an investigative report within ________ days of the incident unless the deadline is extended by the Superintendent
thirty (30)
The Department shall inform the inmate as to whether the allegation was ____, _______, ________
substantiated, unsubstantiated, or unfounded
If the investigation determines that any staff member retaliated against other staff or an inmate for reporting sexual abuse/harassment, they will be disciplined up to and including _________
termination
A _______________shall be appointed by the Superintendent after the investigation is complete to conduct a critical assessment of the Department’s response
PREA Review Committee
Unless ________, the Department shall monitor the conduct and/or treatment of all staff and inmates for _______days following a report of sexual abuse/harassment
unfounded
ninety (90)
__________ of an alleged victim shall be assessed on an individual basis and not solely determined by the person’s status as an inmate or staff member
Credibility
The Department shall use a ______________ standard when determining whether allegations of sexual abuse/harassment can or cannot be substantiated
preponderance of the evidence
the physical, testimonial and documentary evidence, the reasoning behind the credibility assessment, and the investigative findings.
Department investigation reports shall include
Investigators should be trained in _____ and _______
Miranda and Garrity Warnings
The Sheriff must authorize any suspension lasting beyond ________ hours.
forty-eight (48)
The PREA Coordinator is _____________
William Sweeney
- The PREA Compliance Managers are as follows:
HOC: Zezinha Mitchell, extension 6521
◦ Jail: Carlos Goulart, extension 6675
