Interim Final COMMUNITY CONFINEMENT FACILITIES. Date of report: October 11, 2016

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1 PREA AUDIT REPORT Interim Final COMMUNITY CONFINEMENT FACILITIES Date of report: October 11, 2016 Auditor Information Auditor name: Garry Russell Address: PO Box 4102, Salem, OR Telephone number: Date of facility visit: June 27-28, 2016 Facility Information Facility name: Lane County Community Corrections Center Facility physical address: 75 West 5 th Avenue, Eugene, OR Facility mailing address: (if different from above) Click here to enter text. Facility telephone number: The facility is: Federal State County Facility type: Military Municipal Private for profit Private not for profit Community treatment center Halfway house Alcohol or drug rehabilitation center Name of facility s Chief Executive Officer: Byron Trapp Number of staff assigned to the facility in the last 12 months: 9 Designed facility capacity: 38 Current population of facility: 33 Facility security levels/inmate custody levels: Minimum Age range of the population: Name of PREA Compliance Manager: Don McGuire Community-based confinement facility Mental health facility Other Title: Administrative Sergeant address: don.mcguire@co.lane.or.us Telephone number: Agency Information Name of agency: Lane County Sheriff s Office Governing authority or parent agency: (if applicable) Lane County Physical address: 125 E. 8 th Avenue, Eugene, OR Mailing address: (if different from above) Click here to enter text. Telephone number: Agency Chief Executive Officer Name: Byron Trapp Title: Sheriff address: Byron.trapp@co.lane.or.us Telephone number: Agency-Wide PREA Coordinator Name: Steve French Title: Lieutenant address: steve.french@co.lane.or.us Telephone number: PREA Audit Report 1

2 AUDIT FINDINGS NARRATIVE On June 27, 2016, the day started with a tour of the facility provided by Sergeant Don McGuire and Sergeant Charles Hardy. This audit was conducted simultaneous to the audit for the Lane County Adult Correctional Facility(LCACF). After a tour of the LCACF a tour was conducted of the the Lane County Community Corrections Center (CCC). The tour included all housing areas, laundry, kitchen, and common areas. During the tour the auditor noticed many PREA posters in both English and Spanish, contact numbers to crisis centers and other outside services, and the auditors posted information. These postings were in prominent areas and easy to locate. After the tour there was a welcome meeting with Command Staff that included Sheriff Trapp, Lieutenant French, PREA Coordinator; Sergeant McGuire, PREA Compliance Manager; and Sergeant Hardy. As part of the facility audit, the auditor interviewed key agency and facility staff to include: Captain Dan Buckwald, Lieutenant Steve French, PREA Coordinator; Sergeant Don McGuire, PREA Compliance Manager; Jodel Jencks, Health Services Manager. All required staff interviews were conducted which included staff that worked all three shifts: 18 random and specialized staff from LCACF in addition there were 4 staff interviewed that were specific to LCCC. All resident interviews were conducted which included both male and female residents selected at random: 6 residents. During the audit, the auditor found that both staff and residents were aware of PREA. Staff were aware of their responsibilities to prevent, detect, report, and investigate all allegations of sexual abuse and harassment. Residents stated that they knew how to report allegations of sexual abuse, harassment and retaliation. Residents stated that they felt comfortable that they could report an incident to staff. The auditor reviewed staff and contractor training, inmate screening and training documented in the Jail Management System to ensure all required PREA training had been completed. PREA Audit Report 2

3 DESCRIPTION OF FACILITY CHARACTERISTICS The Community Corrections Center is located adjacent to the Main Jail and currently houses 33 residents. Residents partidipating in the program learn skills that will assist them in securing employment or attending school. This reainig includes preparing resumes, practicing interview techniques, completing employment and school admission applications. It is the goal of the program to reduce recidivisim through assisting participants through addressing criminogenic needs and in transitioning back into the community with both gainful employment and the skills to maintain a clean, sober and productive lifestyle. The Community Corrections Center is a single building that operates on the first floor of the building with 8 multiple occupancy housing areas. The facility houses both adult male and female residents. Captain Dan Buckwald overees the management and operations of the facility, Sergeant Charles Hardy oversees daily operations, Lieutenant Steve French is the agency PREA Coordinator, Sergeant Don McGuire is the PREA Compliance Manager, as well as, being trained in PREA investigations in confinement. The Community Corrections Center employs approximately 9 staff. Video monitoring is available, with staff who can view cameras in real time. The video monitoring system also has the capability to record and store adding to the prevention and detection of sexual abuse. The facility routinely evaluates the need for additional cameras which could further enhance this ability. PREA Audit Report 3

4 SUMMARY OF AUDIT FINDINGS During the course of the onsite visit, the auditor noticed that the overall tone of the facility was very positive, staff were very helpful and participated fully in the audit process. Staff displayed a working knowledge of the PREA requirements, understood their responsibilities to prevent, detect, report, and respond to incidents of sexual abuse and/or sexual harassment. Staff were aware of how to preserve and collect evidence and how to report the incident to get and investigator on scene. Residents all cooperated with the interview process and had a good knowledge of PREA. Residents were aware that there was material posted should they have a need to report and/or seek assistance. The agency trainings had the requirements of PREA and through both staff and inmate interviews the auditor determined there was an understanding of the PREA requirements. Some of the policies needed additional items and definitions included so that they would contribute to an environment free of sexual abuse, sexual harassment and retaliation. The auditor was impressed with the professionalism of the staff that worked at this facility. Number of standards exceeded: 0 Number of standards met: 39 Number of standards not met: 0 Number of standards not applicable: 0 PREA Audit Report 4

5 Standard Zero tolerance of sexual abuse and sexual harassment; PREA Coordinator The agency has a policy mandating zero tolerance, General Order Sexual Assault and Sexual Misconduct of Inmates PREA, mandates a zero tolerance for any incidence of sexual harassment sexual misconduct, sexual assault or attempted sexual assault of any inmate in the custody of the sheriff. In this policy it outlines prevention and self protection, response and investigation, health care staff response, and criminal and administrative actions. The agency designates a lieutenant as the agency-wide PREA Coordinator who reports to the Adult Corrections Captain. Implementation has been done without additional money or resources. They have been fortunate to have an Administrative Sergeant that was assigned as the PREA Compliance Manager and has assisted in taking some of the workload off the PREA Coordinator. Standard Contracting with other entities for the confinement of residents Lane County Community Corrections Center does not contract for the confinement of their residents. Standard Supervision and monitoring PREA Audit Report 5

6 Minimum staffing requirements for operations are in accordance with ORS and the Jail Standard E-201. Along with these standards the facility considers blind-spots and other isolated areas, the composition of the inmate population, placement of supervisory staff and prevalence of substantiated and unsubstantiated incidents of sexual abuse when developing their staffing plan. In incidents where there is not sufficient staff already assigned the facility would hire overtime to meet the minimum standards. During incident reviews and not less frequently than once a year the facility reviews the staffing plan to determine if additional staffing or video monitoring systems are needed Corrections Division Manual H , Internal Inspections, states that internal inspections are conducted on a daily basis by shift supervisors and documented on the inspections logbook. During interviews with the CCC Sergeant the auditor confirmed that unannounced rounds were made on daily. Standard Limits to cross-gender viewing and searches Corrections Division Manual E , Contraband and Searches, outline that unless emergency conditions exists a body search shall be conducted by a same sex deputy. This section also outlines that for those emergency situations it requires supervisor notification and approval and will be documented on the Person Search Justification Record in the JMS. There were no circumstances of cross-gender strip searches in the last 12 months. The Corrections Division Manual allows female staff to frisk search male inmates; male staff shall not frisk female inmates except in an emergency. Corrections Division Manual E , Cross-Gender Surveillance and Supervision, outlines that Lane County Corrections Division shall recognize the need for selective staffing assignments and utilization of privacy barriers. Female deputies are assigned as the primary housing officer in female housing units for the sound operation of the facility. Post Order , Search of Transgender Arrestees, outlines the process for processing a transgender inmate to include pat search by a female deputy and notification to medical and mental health staff. These situations are evaluated on a case-by-case basis by security, medical and mental health staff. Through interviews with staff and residents it was clear that cross-gender strip searches and pat-down searches were not conducted. Through these interviews with random residents it was clear that the inmates were able to shower, perform bodily functions, and change clothes without being viewed by staff of the opposite gender. Both staff and residents stated during interviews that staff announced their presence. Random interviews with staff demonstrated that they had all been trained on searching of transgender inmates in a professional and respectful manner during annual training. Standard Residents with disabilities and residents who are limited English proficient PREA Audit Report 6

7 Corrections Division Manual, C , Non-English Speaking Inmates outlines how to ensure inmates who are limited English proficient have an equal opportunity to participate in or benefit from the agency s efforts to prevent, detect, and respond to sexual abuse and sexual harassment. Inmate Information Manual, Housing Unit Rules and Regulations and Inmate Disciplinary Unit rules are available and printed in both English and Spanish. During tours of housing units the auditor saw PREA posters in both English and Spanish. If an inmate is not able to read the manual is read to them and if information is needed in an additional language that is achieved through the use of Language Line or an outside contractor. Through interviews with random staff it was clear that they understood that inmate interpreters would not be used during the investigation of an inmate s allegation. They all stated that they would use another deputy or the Language Line. Standard Hiring and promotion decisions General Order 6.02, Recruitment and Selection, states that the Lane County Sheriff s Office will not hire or promote anyone who: Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution. Has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consentor refuse. Has been civilly or administratively adjudicated to have engaged in the activity above. General Order 6.16, Internal Promotions to Sergeant, states that the agency shall consider any incidents of sexual harassment in determining whether to hire or promote anyone, or to enlist the services of any contractor, who may have contact with inmates. The Administrative Procedures Manual states that applicants for employment, contractors working for the County, tow truck operators with contracts with the County, and volunteers with Lane County shall be required to authorize the County to conduct a criminal offender information check through the OSP LEDS system. Through interviews with Human Resources staff it was determined that the agency will ask all applicants and employees who may have contact with residents about previous misconduct in written applications for hiring or promotion. The employees also have a continuing affirmative duty to disclose any previousl misconduct. When a former employees applies for work at another institution the agency would provide information on substantiated allegations of sexual abuse or sexual harassment with a signed authorizationof release. Corrective Action: The agency does not conduct criminal background records checks at least every five years of current employees and contractors that have contact with residents. There needs to be a system in place to conduct these background checks on current employees and contractors that have contact with inmates. The Lane County Sheriff s Office has a system in place to capture information on current employees. Any employee, vendor, or volunteer with unescorted access have a fingerprint-based background check performed through the Oregon State Police CJIS Division. As a result a CJIS Security Flag is placed on that individual s criminal history record. The flag is left in place until the agency of record requests that the flag be cleared. The result of this process is that if a person is arrested who has the described flag on their criminal history record, the agency respesentative listed on the submitted fingerprint form will be notified of the arrest. The agency was able to show the effectiveness PREA Audit Report 7

8 of this real time notification system when a person with flag was booked and within two hours notification was made to Human Resources both by phone and . Standard Upgrades to facilities and technologies The agency has not acquired a new facility or made a substantial expansion to the existing facility since August 20, Cameras are now in each housing area with DVR capabilities to assist in proving/disproving statements. Camera placement and capabilities are considered during Sexual Abuse Incident Reviews to determine if such technology may enhance the agency s ability to protect residents from sexual abuse. Standard Evidence protocol and forensic medical examinations General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates-PREA, outlines the agency s responsibility for investigating allegations of sexual abuse that follows a uniform evidence protocol. Through interviews with random staff, it was determined that they had been trained and understood the agency s protocol for obtaining usable physical evidence. The agency would transport victims of sexual abuse to an outside hospital that has Sexual Assault Nurse Examiners. These medical examinations would be performed at no cost to the inmate. The agency has been working on Memorandums of Understanding with Sexual Assault Support Services and the White Rose Clinic to provide victim advocate services. Currently these organizations would provide services during the forensic exam and would be available via phone for follow up advocacy. Standard Policies to ensure referrals of allegations for investigations PREA Audit Report 8

9 General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates-PREA, states that staff must take seriously and follow up on all statements from an inmate or other individual that an inmate has been a victim of sexual assault or know of a threat to or past sexual assault of another. Staff response will be timely and in a sensitive, supportive, and nonjudgemental manner. The also must safeguard reports, investigations, and confidentiality of victims and informants. A review of investigative reports found that all allegations resulted in administrative investigations and two of those being referred for criminal investigation. Corrective Action: The agency has a policy in place to ensure that allegations of sexual abuse or sexual harassment are referred for investigation however, the standard requires that this policy is published on the agency website. The auditor found a PREA page that includes information and links to the National PREA Resources Center, Sexual Abuse Support Services, and a hotline number. The auditor could not find the agency policy on the website this will need to be added to be in compliance. The agency has updated the PREA page of their website to include the agency policy. Standard Employee training The agency has set up annual training with five separate modules on PREA to include: PREA: Investigation Protocols, PREA: Managing Inmates at Risk of Sexual Abuse, PREA: Sexual Abuse: Dynamics, Detection, and Reporting, PREA: Staff Roles and Responsibilities Under the Prison Rape Eliminatiion Act, and PREA: What it Means for You and Your Agency. PREA is taught initially during the New Employee Orientation and then annual refresher training is conducted. All employees who may have contact with residentss have been trained with material that is tailored to the composition of residents at this facility. Staff sign that they have read the Lane County Sheriff s Office policy on PREA and understand their responsibilities in complying with the policies and procedures. The signoff sheet also states that if they have any questions regarding this protocol they will discuss them with their supervisor or the department PREA Coordinator. The auditor reviewed training rosters and through interviews with random staff it was obvious that staff had received training and had a working knowledge of the zero-tolerance policy and their responsibilies in prevention, detection, reporting, and response to incidents of sexual abuse and sexual harassment. Standard Volunteer and contractor training PREA Audit Report 9

10 All volunteers and contractors that have contact with inmates are trained on their responsibilities under the Lane County Sheriff s Office policy on PREA. This training is completed during Contractor New Employee Orientation and they are required to sign that they understand their responsibilities for complying with the policies and procedures. They are also given a PREA brochure that is written to train and educate contractors and volunteers on PREA, the agency s standard concerning offender/inmate sexual abuse, maintaining professional boundaries with offenders/inmates, and their duty to report incidents of offender/inmate sexual abuse. Through interviews with contractors the auditor was able to determine that they had a working knowledge of their responsibilities in the agency zero-tolerance policy to include: prevention, detection, and response. Documentation of training is maintained in the training file and the auditor was able to review these signed records that stated that they understood the training they had received. Standard Resident education The faciity utilizes the video PREA What You Need to Know. Additionally, they are given then Inmate Information Manual which defines sexual assault and sexual harassment and gives examples of both. It also explains the agency s zero-tolerance policy and how to report incidents or suspicions of sexual abuse or sexual harassment. Residents sign that they have read the Inmate Manual and have watched the Orientation Video and understand their responsibilities for complying with these rules. The record of this training is scanned into JMS. Corrections Division Manual, C , Non-English Speaking Inmates outlines how to ensure inmates who are limited English proficient have an equal opportunity to participate in or benefit from the agency s efforts to prevent, detect, and respond to sexual abuse and sexual harassment. Inmate Information Manual, Housing Unit Rules and Regulations and Inmate Disciplinary Unit rules are available and printed in both English and Spanish. If an inmate is not able to read the manual is read to them and if information is needed in an additional language that is achieved through the use of Language Line or an outside contractor. During tours of the housing units the auditor was able to easily identify PREA information on posters, as well as, information and addresses to outside service providers. Standard Specialized training: Investigations PREA Audit Report 10

11 In addition to the general training provided for employees the agency has four investigators that have received training on PREA: Investigations Inside Correctional Facility. The agency was able to provide documentation of this specialized training. The training included providing an understanding of the unique nature of investigating sexual abuse of inmates, general considerations about conducting sexual abuse investigations, and provide knowledge of effective investigative protocols and techniques. Standard Specialized training: Medical and mental health care Medical and mental health care are provided at the main jail. For CCC all care and forensic exams would be conducted off site. Medical and mental health staff are contractors and are trained on their responsibilities under the Lane County Sheriff s Office policy on PREA. This training is completed during Contractor New Employee Orientation and they are required to sign that they understand their responsibilities for complying with the policies and procedures, which emcompasses the subject of Sexual Abuse/Assault/Misconduct Prevention and Intervention Protocol. They are also given a PREA brochure that is written to train and educate contractors and volunteers on PREA, the agency s standard concerning offender/inmate sexual abuse, maintaining professional boundaries with offenders/inmates, and their duty to report incidents of offender/inmate sexual abuse. During interviews with medical and mental health staff they were able to demonstrate that they had been trained in how to detect and assess signs of sexual abuse and sexual harassment, how to preserve physical evidence, how to respond effectively and professionally to victims of sexual abuse, and to whom to report allegations of sexual abuse and sexual harassment. Forensic exams are not conducted by the medical staff onsite, inmates would be transferred to a local hospital with a SANE. Standard Screening for risk of victimization and abusiveness PREA Audit Report 11

12 General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates-PREA, addresses the screening process. This policy requires that jail staff will screen all inmates for potential vulnerabilities to sexual assaultor tendencies of acting out in a sexually aggressive manner as a part of initial and primary classification for lodging purposes. The agency has an objective screening instrument, LCSO PREA Screening Checklist, and it is used for new booking, regular reviews, and special reviews. This screening checklist includes: developmental disability/mental health issues, age, stature, incarceration history, history of sexual abuse, assault, physical abuse or domestic violence, homosexual/bi-sexual/transgender/gender nonconforming, history of any sexual abuse, and history of protective custody. During interview with staff that perform screening they confirm that inmates are not disciplined for not answering screening questions. Screening forms are scanned into JMS to ensure sensitive information is not exploited. Additionally, as part of intake screening, medical staff ask if an resident has been a previous victim of sexual assault at a correctional facility or other location. Victims are referred to a mental health provider for a needs assessment. Standard Use of screening information Interview with the PREA Compliance Manager the auditor found that they have just recently started re-evaluating residents that have been screened during the intake process. As of yet they have not had any that raised concerns and needed to be rehoused. Interview with the staff found that they would contact the Shift Sergeant for housing assignment should there be a concern found during the screening, this is done on a case-by-case basis. Screening information is uploaded to JMS so staff responsible for housing education and program assignments have access to keep inmates at high risk of being victimized separated from those with a high risk of being abusive. Housing for transgender or intersex residents are determined on a case-by-case basis with consideration for the residents health and safety, as well as, if the placement would present any management or security concerns. Residents view in respect to their own safety would be given consideration, as well as, safety and security concerns. Transgender and intersex residents would be afforded the opportunity to shower separately from other residents. Standard Resident reporting The Inmate Information Manual provides inmates with many options for reporting sexual abuse and/or sexual harassment. Tell a staff member or any adult in the facility Tell your parent, guardian, or other family member Fill out the PREA form online Tell the PREA Coordinator PREA Audit Report 12

13 Fill out an Inmate Request Form Fill out a Medical Request Form Ask to speak with Mental Health staff Call the Jail Sexual Abuse and Harassment Reporting Line Call the sexual support, abuse, and neglect hotline for victim support. This list provides both internal and external ways to report abuse or harassment. Residents are also informed that they do not have to name the person who sexually abused, harassed or assaulted them to receive assistance. Residents may also make these reports anonymously. During interviews with random staff it was confirmed that residents could make reports verbally, in writing, anonymously, and from a third party. Staff consistently reported that they would document verbal reports as soon as possible and no later then the end of their shift. Staff were also aware of ways to report sexual abuse and sexual harassment of residents. They stated that they could report these matters privately to the Shift Sergeant or they could also use the hotline number. Standard Exhaustion of administrative remedies Corrections Division Manual C , Emergency Greivances, outlines the process to address grievances regarding sexual abuse. Corrections staff receiving grievances with timeframe restrictions or of an emergenct nature will attempt to resolve the grievance in a timely manner. Issues that arise outside the receiving officer s scope of authority will be brought to the shift supervisor for resolution. The Corrections Division Security Supervisor will consider the nature of each grievance and determine if the processing of the grievance steps should be expedited faster than the routine timelines. PREA related complaints are a determining factor that the Security Supervisor will consider as a possible emergency grievance. Agency policy allows the resident to submit a grievance regarding a PREA related incident at any time regardless of when the incident occurred. The grievance can be submitted without submitting it to the staff member who is the subject of the complaint The PREA Event Response Protocol outlines that staff must take seriously and follow up on all statements from an resident or other individual that the resident has been a victim of sexual assault or know of a threat to or past sexual assault of another. Staff should immediately contact their Supervisor who will direct the response to an incident of sexual assault or of a suspected sexual assault. The agency did not have any grievances in the last 12 months that alleged sexual abuse. However, had they received such grievances a decision would be made based on merits of the grievance within 90 days of the filing of the grievance. The policy allows for a third party to file an allegation of sexual abuse and documents if the residemt declines to have the request processed on their behalf. In the past 12 months no residemts have been disciplined for filing a grievance in bad faith. Standard Resident access to outside confidential support services PREA Audit Report 13

14 The Inmate Information Manual provides numbers for the Jail Sexual Abuse and Harassment Reporting Line and the sexual support, abuse and neglect hotline for victim support. Also, listed is directions on how to get a referral to counseling services. The agency provided two Memorandums of Understanding for the White Bird Clinic and Sexual Assault Support Service. Additionally, the auditor noticed during tours of the housing unit that contact information for these organizations was also posted on the housing units. The Inmate Information Manual also informs them on confidentiality. Information concerning the identity of a victim reporting sexual assault, harassment or abuse, and the facts of the report itself, shall be limited to those who have a need to know in order to make decisions concerning the victim s welfare and for law enforcement/investigative purposes. Standard Third-party reporting The agency has a PREA page on their website. This page gives a confidential number to the PREA Report Hotline so the public can file a complaint regarding rape and/or sexual misconduct that occurred while in custody of the Sheriff s Office on behalf of a resident. Standard Staff and agency reporting duties General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates-PREA, states that staff must take seriousely and follow up on all statements from an inmate or other individual that the inmate has been a victim of sexual assault or know of a threat to or past sexual assault of another. Staff response will be timely and in a sensitive, supportive, and nonjudgmental manner. Any staff member who witnesses, finds evidence of, or receives a report of a recent sexual assault on an inmate will contact the shif Sergeant immediately. Jail staff must not retaliate against or allow others to retaliate against any person who reported a sexual assault or took part in its investigation. Anly allegation of retaliation must be immediately brought to the attention of jail command staff. Staff must safeguard reports, investigations, and confidentiality of victims and informants. A resident may report anonymously or be treated as a confidential informant. PREA Audit Report 14

15 Standard Agency protection duties Through interviews with random staff it was clear that staff understood their responsibilities if they learned that an inmate was at risk of imminent sexual abuse. They understood the need to get the inmate out of harms way, establish keep aways, and notify a supervisor. These actions would be carried out immediately as soon as the staff was notified. Standard Reporting to other confinement facilities General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates PREA, upon receiving allegations that an inmate was sexually abused while confined at another facility the Jail Commander or designee will make notification to the Jail Commander/Warden of the facility where the sexual abuse is alleged to have occurred within 72 hours. Documentation of this notification will be attached to the Sexual Assault Review Documentation. General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates PREA, requires that all reports of sexual misconduct or violations of the PREA law will be investigated in a timely manner and, if warranted, appropriate disciplinary or criminal action will be taken. If an allegation is received from another facility that sexual abuse had allegedly occurred at CCC the Division Captain will initiate an investigation. Standard Staff first responder duties PREA Audit Report 15

16 General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates-PREA, outlines response to a sexual assault incident to include: move the victim to a protected area immediately, segregate any alleged inmate assailant in a dry cell to reduce the opportunity for them to dispose of evidence, limit access to the area of the alleged assault to avoid evidence contamination, identify and secure any evidence related to the assault, such as clothing, undergarments, and bedding, and coordinate the need for immediate evidence collection involving the inmate, the alleged assailant, and the assault scene with CIS personnel. If the first staff responder is not a security staff member they will follow the PREA Event Response Protocol which requires that staff must take seriously and follow up on all statements from an inmate or other individual that the inmate has been a victim of sexual assault or know of a threat to or past sexual assault of another. Staff should immediately contact their Supervisor who will direct the response to an incident of sexual assault or of a suspected sexual assault. Standard Coordinated response General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates-PREA, outlines a coordinated plan taken in response to an incident of sexual abuse. In the section on response and investigation it details the roles of staff first responders, medical and mental health staff, detectives, and command staff. In addition to the General Order there is also a detailed PREA Event Response Protocol that gives step-bystep guidelines for response to a sexual assault report and detective involvement. Standard Preservation of ability to protect residents from contact with abusers The agency does have a collective bargaining agreement however, after interviews with the Division Captain and review of the collective bargaining agreement it was verified that the CBA permits the agency to remove alleged staff sexual abusers from contact with any residents pending an investigation or a determination of whether and to what extent discipline is warranted. PREA Audit Report 16

17 Standard Agency protection against retaliation General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates PREA, establishes that jail staff must not retaliate against or allow others to retaliate against any person who reported a sexual assault or took part in its investigation. Staff will encourage residents to report any retaliation to a Deputy promptly. The inmate may also report retaliation by other means such as a grievance, letter to a jail official, or the use of the telephone hotline. Any allegation of retaliation must be immediately brought to the attention of jail command staff. Through interviews it was confirmed that staff track complaints, conduct cursory monitoring, review JMS for misconduct and review log notes. Depending on the incident the sergeant may initiate contact initially on on a weekly basis and then moving to a monthly basis. Monitoring would be ongoing until the resident was released or until it was determined to no longer be a concern. Standard Criminal and administrative agency investigations General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates PREA, outlines the response to a Sexual Assault Incident and Detective Involvement. All reports of sexual misconduct or violations of the PREA law will be investigated in a timely manner and, if warranted, appropriate disciplinary or criminal action will be taken. Departure from employment or control of the facility is not a basis for terminating an investigation. A review of the training records showed that the four investigators had received specialized training in sexual abuse investigations in confinement. Through interviews it was found that investigative staff were knowledgable of how to gather and preserve available physical evidence; DNA evidence; interviewing of alleged victims, suspected perpetrators, and witnesses; and reviewing any prior complaints. Investigator would confer with prosecutors prior to conducting a compelled interview. Victim statements would be considered credible unless through investigation it was proved otherwise. Investigative reports are maintain at least 5 years after the alleged abuser is incarcerated or employed by the agency. During an administrative investigation, investigators would look at the incident, review any video and documentation in an effort to determine whether staff actions contributed to the abuse. These investigations are documented in a written report that includes a description of the physical and testimonial evidence, the reasoning behing credibility, and investigative facts and findings. Criminal investigations are documented in a written report that includes report that includes a description of physical, testimonial, and PREA Audit Report 17

18 documentary evidence. Substantiated allegations that appear to be criminal are referred for prosecution. Standard Evidentiary standard for administrative investigations Through interviews with investigative staff it was confirmed that the agency imposes a standard of a preponderance of the evidence when determining whether an allegation of sexual abuse or sexual harassment is substantiated. Standard Reporting to residents General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates PREA, has a section on Criminal and Administrative Actions. This sections outlines that following an investigation into an inmate s allegation the agency would inform the inmate as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded. Following an inmate s allegation that a staff member has committed sexual abuse against the inmate; the agency shall inform the resident whenever: The staff member is no longer posted within the resident s unit The staff member is no longer employed at the facility The agency learns that the staff member has been indicted on a charge related to sexual abuse within the facility The agency learns the staff member has been convicted on a charge related to sexual abuse within the facility Following an inmate s allegation that they had been sexually abused by another inmate, the agency shall inform the alleged victim whenever: The agency learns that the alleged abuser has been indicted on a charge related to sexual abuse within the facility The agency learns that the alleged abuser has been convicted on a charge related to sexual abuse within the facility Standard Disciplinary sanctions for staff PREA Audit Report 18

19 General Order 04.07, Sexual Misconduct with Suspects, Inmates, or Other Persons, states that any Sheriff s Office employee involved in sexual misconduct with an inmate is subject to disciplinary action, up to and including termination, and possible criminal prosecution for official misconduct and other offenses. In reviewing case(s) from the past 12 months it can be determined that termination was the presumptive disciplinary action for staff who engaged in sexual abuse. Disciplinary sanctions for violations of agency policies relating to sexual abuse or sexual harassment (other than actually engaging in sexual abuse) shall be commensurate with the nature and circumstance of the acts committed. General Order 06.20, Types of Discipline, states that where appropriate, discipline shall be progressive and will include informal and formal steps designed to produce change in perceived deficiencies. Terminations for violations of the agency sexual abuse or sexual harassment policies or resignations by staff who would have been terminated would still be investigated and reported to the Department of Pubic Safety Standard and Training, which is the certifying body for deputies. Standard Corrective action for contractors and volunteers General Order 4.07, Sexual Misconduct with Suspects, Inmates, or Other Persons, applies to voluteers, contractors, and visitors. Sheriff s Office members are required to report all allegations and complaints or observatiosn of sexual misconduct to their immediate supervisor. The supervisor will take any immediate action necessary to separate the parties involved. Official or professional visitor guides, agreements, training, and orientation will include information about the zero tolerance policy concerning sexual misconduct with suspects, inmates, or other persons. Individual contractors working within the jail will be required to sign Specification Supplement for Work Inside Detention Facilities- Contractor Working in Detention Facilities Work Rules. The attachment includes the terminationof the contract for failure to follow the rules and procedures. Standard Disciplinary sanctions for residents PREA Audit Report 19

20 Inmate rule violations are categorized into three areas; major, minor and informal. Engaging in any type of sexual activity is categorized as a major rule violation. Inmates will have the option to request a hearing, if they do not understand the disciplinary process or are not competent to represent themselves at the hearing, they may request a staff member to assist them. The results of the hearing shall be based on the report and evidence presented. Mental illness and mental disabilities would be considered on a case-by-case basis whtn determining the type of sanction. Major (Formal) discipline requires that the inmate receive due process in the form of a copy of the Misconduct Report, the option of a disciplinary hearing and the opportunity to appeal the sanction. For sexual assaults, the Security Supervisor will track the case through completion and document the outcome for the Prison Rape Elimination Act (PREA) reporting database. The agency may discipline an inmate for sexual contact with a staff only after the investigation determined the staff did not consent to such contact. For the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that thealleged conduct occurred shall not constitute false reporting. Standard Access to emergency medical and mental health services The PREA Event Response Protocol states that the supervisor will determine if immediate medical assistance is needed. General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates PREA, outlines the Health Care Staff response which includes: Rendering first aid, document all exams and treatments, transfer the inmate to a hospital for immediate care and refer the inmate to a mental health provider for crisis intervention or a counsel to trained or experienced in rape counseling. The local hospital would perform a forensic sexual assault examination, appropriate evidence collection, sexually transmitted disease testing, and prophylactic medical measures. Mental health providers or rape counselors should provide the inmate with appropriate information for follow-up treatment. Services provided in custody are provided without cost to the inmate. Standard Ongoing medical and mental health care for sexual abuse victims and abusers PREA Audit Report 20

21 Medical and mental health care are provided at the main jail. General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates PREA, outlines the Health Care Staff response which includes: Rendering first aid, document all exams and treatments, transfer the inmate to a hospital for immediate care and refer the inmate to a mental health provider for crisis intervention or a counsel to trained or experienced in rape counseling. Mental health providers or rape counselors should provide the inmate with appropriate information for follow-up treatment at a rape treatment center after the inmate is released from custody. Through interviews it was found that medical and mental health services provided were consistent with the community level of care. Female victims of sexual abusive vaginal penetration are offered pregnancy test and given timely and comprehensive information about access to lawful pregnancy-related medical services. Inmates are offered sexually transmitted disease testing, and prophylactic medical measures. Services provided in custody are provided without cost to the inmate. Standard Sexual abuse incident reviews General Order 12.11, Sexual Assault and Sexual Misconduct of Inmates PREA, outlines the Sexual Abuse Incident Review. 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. The review shall ordinarily occur within 30 days of the conclusion of the investigation. The review team includes upper-level management officials, with input from line supervisors, investigators, and medical or mental health practitioners. The review team shall consider: Whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect, or respond to sexual abuse; 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; Examine the area in the facility where the incident allegedly occureed to assess whether physical barriers in the area may enable abuse; Assess the adequacy of staffing levels in the area during different shifts; Prepare a report of its findings, including any recommendations for improvement and submit such report to the facility head and PREA Compliance Manager. The facility shall implement the recommendations for improvement, or shall document its reasons for not doing so. Standard Data collection PREA Audit Report 21

22 General Order 12.11, Sexual Assault and Sexual Misconduct of Inamtes - PREA, states that data on sexual assaults of inmates and reports of PREA events will be collected, stored and reported to state and federal authorities at their request. The Lane Count Sheriff s Office collect uniform data for every allegation of sexual abuse in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training. This aggregate data is included in an annual report. The agency provided documents showing compliance with the standard. The 2015/16 annual report contained the required elements. Standard Data review for corrective action General Order 12.11, Sexual Assault and Sexual Misconduct of Inamtes - PREA, states that the agency 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 by: Identifying problem areas; Taking corrective action on an ongoing basis; Ensuring that data collected is securely retained; Preparing an annual report of its findings and corrective actions for each facility, as well as, the agency as a whole. The agency report includes a comparison of the current year s data and prior years. The policy states the the report shall be approved by the agency head and made readily available to the public through its website. The report is uploaded to the agency website on the PREA page. Standard Data storage, publication, and destruction General Order 12.11, Sexual Assault and Sexual Misconduct of Inamtes - PREA, states that data on individual inmates should be made available only to staff with a need to know. The agency makes aggregated sexual abuse data available to the public through is website. Before making this information available the agency ensures all personal identifiers are removed. The agency maintains sexual abuse data collected for at least 10 years after the date of the initial collection unless federal, state, or local law requires otherwise. PREA Audit Report 22

23 AUDITOR CERTIFICATION I certify that: The contents of this report are accurate to the best of my knowledge. No conflict of interest exists with respect to my ability to conduct an audit of the agency under review, and I have not included in the final report any personally identifiable information (PII) about any inmate or staff member, except where the names of administrative personnel are specifically requested in the report template. Garry Russell _ October 11, 2016 Auditor Signature Date PREA Audit Report 23