Document Jeffersoncountyga_doc_0824c1961f

PREA AUDIT: AUDITOR’S SUMMARY REPORT 1 PREA AUDIT: AUDITOR’S SUMMARY REPORT ADULT PRISONS & JAILS Interim X Final Report Auditor Information Auditor name: Katherine Brown Address: 12121 Little Road Suite 286 Hudson, Florida 34667 Email: [EMAIL REDACTED] Telephone number: [PHONE REDACTED] Date of facility visit: June 23, 2016 Date report submitted: June 24, 2016 Facility Information Name of facility: Jefferson County Correctional Institute Physical address: 1159 Clarks Mill Road, Louisville, GA 30434 Telephone number: Jefferson County Correctional Institute is: Military X County Federal Private for profit Municipal State Private not for profit Facility Type: Jail X Prison Name of facility’s Chief Executive Officer: Warden William Evans Title: Warden Number of staff assigned to Jefferson County Correctional Institute in the last 12 months: 30 Designed facility capacity: 140 Current population of facility: 128 Facility security levels/Offender custody levels: Minimum Age range of the population: 18-69 Name of PREA Compliance Manager: Calvin Oliphant Title: Deputy Warden Email address: [EMAIL REDACTED] Telephone # Agency Information Name of agency: Jefferson Board of County Commissioners Governing authority or parent agency: Physical address: P.O. Box 658 Louisville, GA 30434 Telephone number: [PHONE REDACTED] Agency Chief Executive Officer Name: Bonnie Wells Title: County Clerk Email address: [EMAIL REDACTED] Telephone number: [PHONE REDACTED] ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 2 AUDIT FINDINGS NARRATIVE: The audit of Jefferson County Correctional Institution was conducted on June 23, 2016 by Katherine Brown, Certified PREA auditor. Prior to the on-site I received all the policies and documentation on May 7, 2016 to review and requested additional documentation to satisfy the standards. Received additional documentation on June 1, 2016 and completed the initial review. An entrance meeting was held with facility staff. The following people were in attendance: William Evans, Warden; Catherine Mathews, Counselor; Chandrel Evans, Secretary; Lt. Abraham Gibbons, Lieutenant; Sandra Cawart, LPN; Jake Williams, Jr. Chief Counselor; Calvin Oliphant, Deputy Warden. Following the entrance meeting I toured the Jefferson County Correctional Institution from 0845-0905. On the tour with me was William Evans, Warden; Lt. Abraham Gibbons; Calvin Oliphant, Deputy Warden. The areas toured were a total of 8 dorms. There are 8 general population dorms and 14 administrative detention/segregation cells plus 4 medical sick cells, plus the kitchen, laundry, programs area, and work areas. DESCRIPTION OF FACILITY CHARACTERISTICS: The institution has a total of eight housing units (open dormitories), seven men Administrative Segregation and seven Isolations Cells. Each dormitory is manned by Correctional Officers (24) hours per day. Each dormitory also has security cameras to further assist with monitoring the offender’s activity. SUMMARY OF AUDIT FINDINGS: Number of standards exceeded: 3 Number of standards met: 36 Number of standards not met: Number of standards not applicable: 4 ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 3 §115.11 Zero tolerance of sexual abuse and sexual harassment; PREA coordinator Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02- PREA I; GDOC SOP 208.06 IV A.1; Organizational Chart and interviews with PREA compliance manager I find they meet this standard. Jefferson County Correctional Institute has a written policy mandating zero tolerance toward all forms of sexual abuse and sexual harassment and outlines Jefferson County Correctional Institute ’ approach to preventing, detecting, and responding to such conduct. Jefferson County Correctional Institute complies with this standard by utilizing JCCI 02-PREA. This policy mandates zero tolerance toward all forms of sexual misconduct and is used to prevent, detect, and respond to any form of sexual abuse and sexual harassment. Jefferson County Correctional Institute has designated a PREA compliance manager with sufficient time and authority to coordinate Jefferson County Correctional Institute’s efforts to comply with the PREA standards. Jefferson County Correctional Institute complies with this standard in that Deputy Warden has been designated the PREA Coordinator for the agency by the Warden. §115.12 Contracting with other agencies for confinement of Offenders Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) X Not applicable standard Auditor comments, including corrective actions needed if does not meet standard Jefferson County Correctional Institute does not contract for the confinement of their Offenders. §115.13 Supervision and monitoring Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 4 Based on review of JCCI 02 PREA 1 pg. 10 GDOC SOP 208.06 IV A. 3; SOP II. A. 07-0012; Staffing Plan; Manning Rosters; logbooks and interview with Warden and PREA Compliance Manager I find they meet this standard. Jefferson County Correctional Institute has developed, documented, and made its best efforts to comply on a regular basis with a staffing plan that provides for adequate levels of staffing and uses video monitoring, to protect Offenders against sexual abuse. Jefferson County Correctional Institute complies with this standard by utilizing the staffing plan and shift rosters that were reviewed as part of this audit. In circumstances where the staffing plan was not complied with, Jefferson County Correctional Institute documented and justified all deviations from the plan. All deviations from the staffing plan were documented on the manning rosters. Jefferson County Correctional Institute uses part time officers from surrounding prisons to augment staff shortages. They maintain a list of officers who available on certain days to be available. Jefferson County Correctional Institute completes an annual review, in consultation with the PREA coordinator required by § 115.11, to assess, determine, and document whether adjustments are needed. Jefferson County Correctional Institute complies with this standard based on review of the annual staffing report. §115.14 Youthful Offenders Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) X Not applicable standard Auditor comments, including corrective actions needed if does not meet standard No juveniles are housed at Jefferson County Correctional Institute. §115.15 Limits to cross gender viewing and searches Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 10-11 #e-h; GDOC SOP 208.06 IV A. 7. (a-g) and SOP II. B. 01-0013 and random staff and offender interviews I find they meet this standard. Jefferson County Correctional Institute does not conduct cross-gender strip searches or cross- gender visual body cavity searches (meaning a search of the anal or genital opening) except in exigent circumstances. In the event a cross gender search is done Jefferson County ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 5 Correctional Institute documents all cross-gender strip searches and cross-gender visual body cavity searches. During random staff and offender interviews it was confirmed staff do not perform cross gender strip searches. Jefferson County Correctional Institute has policies and procedures that enable Offenders to shower, perform bodily functions, and change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks. Such policies and procedures require staff of the opposite gender to announce their presence when entering an Offender housing unit. During the random offender interviews it was confirmed that offenders have privacy to perform bodily functions and cross gender staff announcements are made. Jefferson County Correctional Institute does not search or physically examine a transgender or intersex Offender for the sole purpose of determining the Offender’s genital status. If the Offender’s genital status is unknown, it is determined during conversations with the Offender, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner. There were no transgender offenders at the prison at the time of the audit but based on staff interviews transgender/intersex offenders would not be searched for sole purpose of determining the Offender’s genital status. Jefferson County Correctional Institute trains security staff in how to conduct cross-gender pat- down searches, and searches of transgender and intersex Offenders, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. Random staff interviews confirmed they have been trained in cross gender pat down searches. §115.16 Offenders with disabilities and limited English speaking Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 13 GDOC SOP 208.06 IV A. 8 (a & PREA Pamphlet and random Offender and staff interviews I find they meet this standard. Due to this being a work camp Jefferson County Correctional Institute has not had any offender who was limited English speaking or disabled. Jefferson County Correctional Institute takes appropriate steps to ensure Offenders with disabilities (including, for example, Offenders who are deaf or hard of hearing, those who are blind or have low vision, or those who have intellectual, or speech disabilities), have an equal opportunity to participate in or benefit from all aspects of Jefferson County Correctional Institute ’ efforts to prevent, detect, and respond to sexual abuse and sexual harassment, including steps to provide interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 6 Jefferson County Correctional Institute does not rely on Offender interpreters, Offender readers, or other types of Offender assistants except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the Offender’s safety. None have been used or required. The PREA Pamphlet is in both English/Spanish. Jefferson County Correctional Institute uses Google Translator to provide translation for other languages as well as sign language for the deaf. §115.17 Hiring and promotion decisions X Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 9 GDOC SOP 208.06 IV A. 9 SOP IV. O. 03- 0012; SOP IV. O. 05-0001; Sexual Assault/Sexual Misconduct Acknowledgement Statement; Staff/Volunteer GCIC/NCIC Consent form and interview with Deputy Warden and review of GCIC/NCIC log I find they exceed this standard. Deputy Warden Oliphant does all hiring. Applicants apply through the county website which goes to the Jefferson Board of County Commissioners and they send the applications to the Deputy Warden for the hiring process. Jefferson County Correctional Institute does not hire or promote anyone who may have contact with Offenders, and does not enlist the services of any contractor who may have contact with Offenders, who has engaged in sexual abuse in any criminal justice facility, 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 consent or refuse; or has been civilly or administratively adjudicated to have engaged in the activity described above. Based on interview with Deputy Warden all applicants have a back ground check done prior to job offer, if any sexual activity is discovered during the back ground screening they would not be offered a job. Jefferson County Correctional Institute considers 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 Offenders. Jefferson County Correctional Institute performs a criminal background records check before enlisting the services of any contractor who may have contact with Offenders performs a records check annually on all current employees and contractors who may have contact with Offenders. Review of GCIC/NCIC log confirmed the background checks are being done. Jefferson County Sheriff’s Office actually runs all the criminal histories and provides them to the Deputy Warden. Based on the annual review I find they exceed in this standard. §115.18 Upgrades to facilities and technology Exceeds Standard (substantially exceeds requirement of standard) ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 7 X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of GDOC SOP 208.06 IV A. 10. and interview of warden I find they meet this standard. When installing or updating a video monitoring system, electronic surveillance system, or other monitoring technology, Jefferson County Correctional Institute considers how such technology may enhance Jefferson County Correctional Institute ’ ability to protect Offenders from sexual abuse. There have been no substantial expansions or modifications to existing facilities. Jefferson County Correctional Institute currently utilizes 32 cameras that are used to prevent sexual abuse and investigate allegations of wrongdoing. When installing new equipment, the Warden, Deputy Warden of Security, and facility SART will ensure it is used to protect Offenders form sexual abuse. §115.21 Evidence protocol and forensic medical exams Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02- PREA pg. 9 GDOC SOP 208.06 IV B. 1 SOP IK01-0006; SANE Callout; NIC Certificate for PREA-Behavioral Healthcare for Sexual Assault Victims in Confinement; Sexual Abuse Response Checklist; Procedure for SANE nurse Evaluation/Forensic Collection and interview with PREA compliance manager I find they meet this standard. To the extent Jefferson County Correctional Institute is responsible for investigating allegations of sexual abuse; Jefferson County Correctional Institute follows a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions. Jefferson County Correctional Institute offers all victims of sexual abuse access to forensic medical examinations, at an outside facility, without financial cost, where evidentiary or medically appropriate. Such examinations are be performed by Sexual Assault Nurse Examiners (SANEs) from Global Diagnostic or Jefferson County Hospital. Jefferson County Correctional Institute makes available to the victim a victim advocate from a University Health Care Systems or the Counselor has also received training to be a victim advocate and could be used. As requested by the victim, a victim advocate accompanies and supports the victim through the forensic medical examination process and investigatory interviews and are provide emotional support, crisis intervention, information, and referrals. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 8 Jefferson County Correctional Institute itself is not responsible for investigating any allegations of sexual abuse that would be prosecutable therefore Jefferson County Correctional Institute requests that the Jefferson County Sheriff Office follow the requirements listed above. §115.22 Policies to ensure referrals of allegations for investigations Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 17 & 18; GDOC SOP 208.06 IV G; SOP IK01-0005 and SOP IK01-0006 and interview with Warden and investigative staff I find they meet this standard. Jefferson County Correctional Institute ensures that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment. Jefferson County Correctional Institute follows the standards set forth by the Jefferson County Correctional Institute in policy number JCCI 02 PREA. The Department’s response to sexual assault follows “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents.” When an incident is reported, a physical examination of the alleged victim is conducted and SANE protocol is initiated. Administrative investigations would be handled by the facility investigator all criminal investigations would be handle by Jefferson County Sheriff Office. Jefferson County Correctional Institute has a policy that ensures allegations of sexual abuse or sexual harassment are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior. Jefferson County Correctional Institute publishes such policy on its website www.jeffersoncountyga.gov. Jefferson County Correctional Institute documents all such referrals. Whenever an allegation is made, the Warden will notify the Jefferson County Sheriff Office. This notification will be made in writing and the notification will become part of the PREA investigation. Jefferson County Correctional Institute documents all such referrals. Whenever an allegation is made, the Warden will notify the Jefferson County Sheriff Office or GDC Internal Investigations Unit. This notification will be made in writing and the notification will become part of the PREA investigation. §115.31 Employee training Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 9 Based on review of JCCI 02 PREA pg. 13-14 #1-3; GDOC SOP 208.06 IV C. 2; In Service Training Records; Lesson Plan; Power Point; Sexual Assault/Sexual Misconduct Acknowledgement Statement; Staff Guide on the Prevention & Reporting of Sexual Misconduct with Offenders; Staff Training Roster – Sign In Sheet and interview with random staff I find they meet this standard. Jefferson County Correctional Institute trains all employees who have contact with Offenders on: Its zero-tolerance policy for sexual abuse and sexual harassment; How to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures; Offenders’ right to be free from sexual abuse and sexual harassment; The right of Offenders and employees to be free from retaliation for reporting sexual abuse and sexual harassment; The dynamics of sexual abuse and sexual harassment in confinement; The common reactions of sexual abuse and sexual harassment victims; How to detect and respond to signs of threatened and actual sexual abuse; How to avoid inappropriate relationships with Offenders; How to communicate effectively and professionally with Offenders, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming Offenders; and (10) How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities. All staff has received PREA training during in service training. Jefferson County Correctional Institute in compliance with this standard based on review of training records and random staff interviews. The training is tailored to the gender of the Offenders at Jefferson County Correctional Institute. The employees receive additional training if the employee is reassigned from a facility that houses only male Offenders to a facility that houses only female Offenders, or vice versa. Staff receives training based on the population of Jefferson County Correctional Institute they are assigned to. Jefferson County Correctional Institute documents, through employee signature, those employees understand the training they have received. §115.32 Volunteer and contractors training Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 15 GDOC SOP 208.06 IV C. 3 (a-c) and reviewed Sexual Assault/Sexual Misconduct Acknowledgement Statement for Supervised Visitors; and interview with volunteer and contractors I find they meet this standard. Jefferson County Correctional Institute ensures all volunteers and contractors who have contact with Offenders have been trained on their responsibilities under Jefferson County Correctional ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 10 Institute ’ sexual abuse and sexual harassment prevention, detection, and response policies and procedures. The level and type of training provided to volunteers and contractors is based on the services they provide and level of contact they have with Offenders, but all volunteers and contractors who have contact with Offenders are notified of Jefferson County Correctional Institute ’ zero- tolerance policy regarding sexual abuse and sexual harassment and informed how to report such incidents. Jefferson County Correctional Institute has documentation confirming that volunteers and contractors understand the training they have received. All volunteers sign a Sexual Assault/Sexual Misconduct Acknowledgement Statement. Volunteers and contractors interviewed confirmed they had received this training. §115.33 Offender education X Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 5; GDOC SOP 208.06 IV C.4; SOP II B18-0001; Offender Orientation Checklist; PREA Sexual Victimization/Aggressor classification Screening; Offender Handbook; Offender Awareness & Education Brochure; and interview with random Offenders and intake staff I find they exceed this standard. Upon arrival to JCCI, all offenders are informed of the Institutions Zero Tolerance Policy regarding sexual abuse and sexual harassment and how to report incidents or suspicions of sexual abuse or sexual harassment. Jefferson County Correctional Institute provides a comprehensive education to Offenders in person and through video regarding their rights to be free from sexual abuse and sexual harassment and to be free from retaliation for reporting such incidents, and regarding agency policies and procedures for responding to such incidents. Jefferson County Correctional Institute provides Offender education in formats accessible to all Offenders, including those who are limited English proficient, deaf, visually impaired, or otherwise disabled, as well as to Offenders who have limited reading skills. The PREA Pamphlet is in both English/Spanish; Jefferson County Correctional Institute uses Google Translator to provide translation for other languages. Jefferson County Correctional Institute has not had any hearing/language disability Offenders. Based on comprehensive education is completed immediately upon arrival I find they exceed in this standard. §115.34 Specialized training: Investigators Exceeds Standard (substantially exceeds requirement of standard) ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 11 X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 pg. 14 & 15 #4&5; GDOC SOP 208.06 IV C. 5; In Service Training Records; NIC Certificate PREA Investigating Sexual Abuse in a Confinement Setting; and interview with investigative staff I find they meet this standard. In addition to the general training provided to all employees, Jefferson County Correctional Institute ensures that the in house investigators have received training in conducting investigations in confinement settings. Specialized training includes techniques for interviewing sexual abuse victims, proper use of Miranda and Garrity warnings, sexual abuse evidence collection in confinement settings, and the criteria and evidence required to substantiate a case for administrative action or prosecution referral. Jefferson County Correctional Institute maintains documentation that agency investigators have completed the required specialized training in conducting sexual abuse investigations. Jefferson County Correctional Institute personnel who are tasked with conducting investigations or acting in any capacity with a PREA investigative team are required to attend a specialized PREA training class using the NIC Specialized Training PREA Investigating Sexual Abuse In a Confinement Setting curriculum. At the conclusion of the class members are given a written exam to ensure their understanding of the class instruction and content delivered. All allegations of sexual misconduct are reported to the Jefferson County Correctional Institute. §115.35 Specialized training: Medical and mental health care Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 15 #4 & 6; GDOC SOP 208.06 IV. C. NIC Certificate – PREA Investigating Sexual Assault Victims in a Confinement Setting and Lesson Plan and interview with medical and mental health I find they meet this standard. Jefferson County Correctional Institute ensures that all full and part-time medical and mental health care practitioners who work regularly in its facilities have been trained in how to: detect and assess signs of sexual abuse and sexual harassment; preserve physical evidence of sexual abuse; respond effectively and professionally to victims of sexual abuse and sexual harassment; and how and to whom to report allegations or suspicions of sexual abuse and sexual harassment. It was suggested that the nurse take the NIC courses for Medical Health Care in a Confinement Setting and Behavioral Health Care in a Confinement Setting. Jefferson County Correctional Institute maintains documentation that medical staff has received the training. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 12 Medical practitioners also receive the training mandated for employees, contractors and volunteers. All medical and mental health practitioners receive the same PREA training for regular staff. This was confirmed during the interviews and review of training records. If any offender requires mental health services they would be transferred to Baldwin State Prison. Offenders requiring Mental Health services would not be sent to this facility. §115.41 Screening for risk of victimization and abusiveness X Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 6 & 7; GDOC SOP 208.06 IV D. 1 Victim/Aggressor Classification Rating; PREA Sexual Victim/Sexual Aggressor Classification Screening; Offender PREA Classification Detail; Case Notes and interview with random Offenders and intake staff responsible for screening I find they exceed this standard. All Offenders are assessed during an intake screening and upon transfer to another facility for risk of being sexually abused by other Offenders or sexually abusive toward other Offenders. Jefferson County Correctional Institute uses The Victim/Aggressor Classification Screening which is an objective screening tool to conduct this intake. Intake screenings take place immediately upon arrival at Jefferson County Correctional Institute. Jefferson County Correctional Institute uses an objective screening instrument. The intake screening considers, at a minimum, the following criteria to assess Offenders for risk of sexual victimization: Whether the Offender has a mental, physical, or developmental disability; The age of the Offender; The physical build of the Offender; Whether the Offender has previously been incarcerated; Whether the Offender’s criminal history is exclusively nonviolent; Whether the Offender has prior convictions for sex offenses against an adult or child; Whether the Offender is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming; Whether the Offender has previously experienced sexual victimization; The Offender’s own perception of vulnerability; and (10) Whether the Offender is detained solely for civil immigration purposes. The initial screening considers prior acts of sexual abuse, prior convictions for violent offenses, and history of prior institutional violence or sexual abuse, as known to Jefferson County Correctional Institute, in assessing Offenders for risk of being sexually abusive. Within 30 days from the Offender’s arrival at Jefferson County Correctional Institute, Jefferson County Correctional Institute reassesses the Offender’s risk of victimization or abusiveness ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 13 based upon any additional, relevant information received by Jefferson County Correctional Institute since the intake screening. An Offender’s risk level is reassessed when warranted due to a referral, request, incident of sexual abuse, or receipt of additional information that bears on the Offender’s risk of sexual victimization or abusiveness. Any Offender who has been identified as needing further evaluation due to additional information received will be reassessed when warranted. Offenders are not disciplined for refusing to answer, or for not disclosing complete information in response to, questions asked. No Offender is ever disciplined for refusing to participate in the intake process; if an Offender refuses to answer the questions during intake the counselor will meet with that Offender at a later time to conduct the rest of the screening. Those Offenders would be placed in appropriate housing until a proper classification screening could be done. Jefferson County Correctional Institute implements appropriate controls on the dissemination within Jefferson County Correctional Institute of responses to questions asked pursuant to this standard in order to ensure that sensitive information is not exploited to the Offender’s detriment by staff or other Offenders. Only limited staff has access to the risk screening form only Medical, Warden and Deputy Warden. Based on Victim/Aggressor screening being done immediately upon arrival I find they exceed in this standard. §115.42 Use of screening information Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 pg. 7; GDOC SOP 208.06 IV D. 2 and interview with PREA compliance manager and staff responsible for risk screening I find they meet this standard. Jefferson County Correctional Institute uses information from the risk screening to decide housing, bed, work, education, and program assignments with the goal of keeping separate those Offenders at high risk of being sexually victimized from those at high risk of being sexually abusive. All information received from the Offender during the intake process on the risk screening is used to determine housing, bed assignments, work, education and programming. Jefferson County Correctional Institute makes individualized determinations about how to ensure the safety of each Offender. Each Offender’s information is evaluated on a case by case basis to ensure the safety of the Offender. In deciding whether to assign a transgender or intersex Offender to a facility for male or female Offenders, and in making other housing and programming assignments, Jefferson County ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 14 Correctional Institute considers on a case-by-case basis whether a placement would ensure the Offender’s health and safety, and whether the placement would present management or security problems. There are no transgender at the facility however there are policies in place that address the following: Placement and programming assignments for each transgender or intersex Offender is reassessed at least twice each year to review any threats to safety experienced by the Offender. A transgender or intersex Offender’s own views with respect to his or her own safety are given serious consideration. Transgender and intersex Offenders are given the opportunity to shower separately from other Offenders. Jefferson County Correctional Institute does not place lesbian, gay, bisexual, transgender, or intersex Offenders in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such Offenders. §115.43 Protective custody Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 pg. 18 & 19 GDOC SOP 208.06 IV D. 3. MH/MR Evaluation – Nursing Assessment form; Case Notes – 30 day review; and interview with warden I find they meet this standard. One Offender was transferred to Washington State Prison to be placed in Protective Custody by SART as a sleeper Offender pending outcome of investigation. A sleeper Offender is defined as an Offender in temporary custody not assigned to the prison they are currently housed in. Offenders at high risk for sexual victimization are not placed in involuntary segregated housing unless an assessment of all available alternatives has been made, and a determination has been made that there is no available alternative means of separation from likely abusers. Offenders placed in segregated housing for this purpose have access to programs, privileges, education, and work opportunities to the extent possible. If Jefferson County Correctional Institute restricts access to programs, privileges, education, or work opportunities, Jefferson County Correctional Institute documents the opportunities that have been limited, the duration of the limitation; and the reasons for such limitations. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 15 Jefferson County Correctional Institute assigns such Offenders to involuntary segregated housing only until an alternative means of separation from likely abusers can be arranged, and such an assignment does not ordinarily exceed a period of 30 days. If involuntary segregated housing assignment is made Jefferson County Correctional Institute clearly documents the basis for Jefferson County Correctional Institute’s concern for the Offender’s safety; and the reason why no alternative means of separation can be arranged. Every 30 days a review is performed to determine whether there is a continuing need for separation from the general population. §115.51 Offender reporting Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 16 GDOC SOP 208.06 IV E. 1. (a-e) Offender Handbook; Staff Guide on the Prevention and Reporting of Sexual Misconduct with Offenders and interviews with random staff and Offenders I find they meet this standard. Jefferson County Correctional Institute provides multiple internal ways for Offenders to privately report sexual abuse and sexual harassment, retaliation by other Offenders or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents. Jefferson County Correctional Institute Offenders’ may make a report of sexual abuse, sexual harassment, or retaliation in writing, verbally, by utilizing the PREA hotline, and by phone or mail to the Department Ombudsman Office, and State Board of Pardons and Paroles Office of Victim Services. Offenders are encouraged to report allegations immediately and directly to staff at all levels. All reports are documented and reported to the proper authority. Jefferson County Correctional Institute provides at least one way for Offenders to report abuse or harassment to a public or private entity or office that is not part of Jefferson County Correctional Institute, and that is able to receive and immediately forward Offender reports of sexual abuse and sexual harassment to agency officials, allowing the Offender to remain anonymous upon request. Staff accepts reports made verbally, in writing, anonymously, and from third parties and document any verbal reports. Jefferson County Correctional Institute staff has been trained to forward all reports or observations of sexual assault/harassment to their immediate supervisor and/or designated SART member These reports may be made in writing, verbally, anonymously, or from third parties. Jefferson County Correctional Institute provides a method for staff to privately report sexual abuse and sexual harassment of Offenders at www.jeffersoncountyga.gov. §115.52 Exhaustion of administrative remedies Exceeds Standard (substantially exceeds requirement of standard) ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 16 Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) X Exempt Auditor comments, including corrective actions needed if does not meet standard Based on review of GDC 208.06 IV. E. 1.2. and SOP IIB05-0001 I find they are exempt from this standard. If an offender reports a PREA related incident on a grievance form it is not handle as a grievance. §115.53 Offender access to outside confidential support services Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 2 PREA pg. 23; GDC SOP 208.06 IV. E. 3 and interview with random Offenders I find they meet this standard. Jefferson County Correctional Institute provides Offenders with access to outside victim advocates from University Health Care Systems for emotional support services related to sexual abuse by giving Offenders mailing addresses and telephone numbers, including toll-free hotline numbers where available, of local, State, or national victim advocacy or rape crisis organizations. Jefferson County Correctional Institute enables reasonable communication between Offenders and these organizations and agencies, in as confidential a manner as possible. Jefferson County Correctional Institute Offenders will be notified of University Health Care Systems during Orientation. This information is also available to them upon request. An Offender may make a verbal or written request to staff to contact a victim service advocate or agency at any time. All reasonable measures will be taken to allow for as much privacy as possible. Jefferson County Correctional Institute informs Offenders, prior to giving them access, of the extent to which such communications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws. If Offenders of Jefferson County Correctional Institute request to contact University Health Care Systems, staff will make every effort to offer the Offender reasonable privacy while maintaining visual security if located in restricted or sensitive areas within Jefferson County Correctional Institute. Offenders will typically utilize the phone in their counselor’s office. The counselor will ensure privacy while the Offender is contacting the rape crisis counseling provider. Jefferson County Correctional Institute maintains memoranda of understanding with University Health Care Systems to provide victim advocate services. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 17 §115.54 Third party reporting Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of GDOC SOP 208.06 IV E. 4 I find they meet this standard. Jefferson County Correctional Institute has a method to receive third-party reports of sexual abuse/harassment and distributes publicly, information on how to report sexual abuse and sexual harassment on behalf of an Offender. Visitors can go to wwwjeffersoncountyga.gov. §115.61 Staff and agency reporting duties Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Based on review of JCCI 02 PREA pg. 17 & 18; PREA brochure and interviews with random staff; warden and medical health staff I find they meet this standard. Jefferson County Correctional Institute requires all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of Jefferson County Correctional Institute; retaliation against Offenders or staff who reported such an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. In accordance with JCCI 02 PREA pg. 17 & 18, all personnel at Jefferson County Correctional Institute are provided with PREA training that instructs them on the proper procedure for reporting any incidents that are in any way related to PREA. Apart from reporting to designated supervisors or officials, staff does not reveal any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in agency policy, to make treatment, investigation, and other security and management decisions. Jefferson County Correctional Institute’s staff is instructed through PREA training that any information obtained is limited to a need-to-know basis for staff, and only for the purpose of treatment, security, and management decisions, such as housing, work, education and programming assignments. Information is not to be indiscriminately discussed. Supervisors will always remind staff of this issue when staff report PREA-related issues to their supervisor. If the alleged victim is considered a vulnerable adult under a State statute Chapter 5 of Title 30 of the Official Code of Georgia 1-10 Annotated, the " Disabled Adults and Elder Persons Protection Act, Jefferson County Correctional Institute reports the allegation to the designated State or local services agency under applicable mandatory reporting laws. Jefferson County Correctional Institute does not house Offenders under the age of 18. However, the Jefferson ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 18 County Correctional Institute follows all State and Federal PREA policies and will comply with this standard in the event offenders under the age of 18 or Offender considered vulnerable are involved in a PREA-related issue. This will be done in accordance with JCCI 02 PREA and in coordination with GDC Internal Investigations. Jefferson County Correctional Institute reports all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports, to Jefferson County Correctional Institute’s designated investigators. In accordance with JCCI 02 PREA, all allegations of sexual abuse and sexual harassment, including third party and anonymous reports, will be reported to the Jefferson County Correctional Institute SART, and Jefferson County Sheriff Office. The Warden will be responsible for ensuring these notifications are made as soon as possible §115.62 Agency protection duties Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of GDOC 208.06 IV.F.2 and interviews with random staff, and warden I find they meet this standard. Immediate action is taken to protect Offenders when Jefferson County Correctional Institute learns that an Offender is subject to a substantial risk of imminent sexual abuse. If an Offender at Jefferson County Correctional Institute is determined to be in imminent danger of sexual abuse, the Warden will be notified immediately and the Offender will be housed in Administrative Segregation immediately in order to protect them. §115.63 Reporting to other confinement facilities Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 20 GDOC SOP 208.06 IV F. 3 (a-d) and interview with warden I find they meet this standard. Upon receiving an allegation that an Offender was sexually abused while confined at another facility, the head of Jefferson County Correctional Institute that received the allegation notifies the head of the facility or appropriate office where the alleged abuse occurred. Such notification is provided as soon as possible, but no later than 72 hours after receiving the allegation, and all actions are thoroughly documented. In cases where an Offender of Jefferson County Correctional Institute is sexually abused while confined at another facility the PREA Compliance ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 19 Manager will immediately upon notification notify the head of that facility, Jefferson County Correctional Institute’s Warden and SART. §115.64 Staff first responder duties Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 pg. 17 & 18; GDOC SOP 208.06 IV F. 4; Coordinated Response Plan and interview with security staff who are first responders, random staff I find they meet this standard. Upon learning of an allegation that an Offender was sexually abused, the first security staff member to respond separates the alleged victim and abuser; preserves and protects any crime scene until appropriate steps can be taken to collect any evidence; and if the abuse occurred within a time period that still allows for the collection of physical evidence, request that the alleged victim not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating; and if the abuse occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged abuser does not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating. Jefferson County Correctional Institute uses the Sexual Abuse Response Checklist which outlines the steps to take as a first responder. If the first staff responder is not a security staff member, the responder request that the alleged victim not take any actions that could destroy physical evidence, and then notify security staff. All non-security staff interviewed acknowledged they had been trained on what to do in the event a sexual assault was reported to them. §115.65 Coordinated response Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 pg. 20-21 GDOC SOP 208.06 IV F.5.; SOP 507.04 Medical Management of Suspected Sexual Abuse; SOP 508.22 Mental Health Management of Suspected Sexual Abuse; Coordinated Response Plan and interview with warden I find they meet this standard. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 20 Jefferson County Correctional Institute has a written institutional plan to coordinate actions taken in response to an incident of sexual abuse, among staff first responders, medical and mental health practitioners, investigators, and facility leadership. Jefferson County Correctional Institute as a written Coordinated Response plan that identifies the roles of each individual involved in the PREA investigations. §115.66 Preservation of ability to protect Offenders from contact with abusers Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) X Not applicable Standard Auditor comments, including corrective actions needed if does not meet standard Jefferson County Correctional Institute does not have collective bargaining. §115.67 Agency protection against retaliation Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 21 GDOC SOP 208.06 IV F. 6 90 day Offender Sexual Abuse Review Checklist and interview with Warden and Retaliation Monitor I find they meet this standard. Jefferson County Correctional Institute has a policy to protect all Offenders and staff who report sexual abuse or sexual harassment or cooperate with sexual abuse or sexual harassment investigations from retaliation by other Offenders or staff, and designate which staff members or departments are charged with monitoring retaliation. Jefferson County Correctional Institute personnel will protect Offenders and staff who report sexual abuse, sexual misconduct, or sexual harassment from retaliation. The Warden has identified the Security Lieutenants as the Retaliation Monitor. Anyone who retaliates against a staff member or an offender who has reported in good faith an allegation of sexual abuse or sexual harassment in good faith shall be subject to disciplinary action. Jefferson County Correctional Institute has multiple protection measures, such as housing changes or transfers for Offender victims or abusers, removal of alleged staff or Offender abusers from contact with victims, and emotional support services for Offenders or staff that fear retaliation for reporting sexual abuse or sexual harassment or for cooperating with investigations. Multiple protection measures are available at Jefferson County Correctional ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 21 Institute which include Offender housing changes or transfers, removal of alleged staff or Offender abusers from contact with victims, and emotional support services for Offenders or staff who fear retaliation for reporting or for cooperating with investigations. For at least 90 days following a report of sexual abuse, Jefferson County Correctional Institute monitors the conduct and treatment of Offenders or staff who reported the sexual abuse and of Offenders who were reported to have suffered sexual abuse to see if there are changes that may suggest possible retaliation by Offenders or staff, and act to remedy any such retaliation. There is periodic status checks performed. Items Jefferson County Correctional Institute should monitor include any Offender disciplinary reports, housing, or program changes, or negative performance reviews or reassignments of staff. Jefferson County Correctional Institute continues such monitoring beyond 90 days if the initial monitoring indicates a continuing need. Based on interview with Lieutenant charged with monitoring retaliation, he will monitor for at least 90 days following a report of abuse, monitor the conduct and treatment of Offenders or staff who reported the sexual abuse to see if there are any changes that may suggest possible retaliation, and will act to remedy any such retaliation. This monitoring includes review of any Offender disciplinary reports, housing or program changes, or negative performance reviews or reassignments of staff. Such monitoring will continue beyond 90 days if the initial monitoring indicates a continuing need. If any other individual who cooperates with an investigation expresses a fear of retaliation, the Lieutenant charged with monitoring retaliation takes appropriate measures to protect that individual against retaliation. §115.68 Post allegation protective custody Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of GDC SOP 208.06 IV. F. 13 and interview with warden I find they meet this standard. Any use of segregated housing to protect an Offender who is alleged to have suffered sexual abuse receives all the same rights and privileges as general population Offenders. §115.71 Criminal and administrative agency investigation Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 22 Based on review of JCCI 02 pg. 22-24; SOP 103.10 Evidence Handling & Crime Scene Processing; SOP 103.06 Investigations & Allegations Sexual Abuse, Sexual Harassment of Offenders; NIC Certificate Investigating Sexual Assault Investigations in a Confinement Setting and interview with investigative staff I find they meet this standard. When Jefferson County Correctional Institute conducts its own investigations into allegations of sexual abuse and sexual harassment, it does so thoroughly, and objectively for all allegations, including third-party and anonymous reports. All initial abuse and harassment allegation investigations will be conducted by Jefferson County Correctional Institute Sexual Abuse Response Team (SART). Substantiated SART investigations involving state Offenders will immediately be referred to the Georgia Department of Corrections OIC Criminal Investigations Division and unsubstantiated SART investigations shall be referred to the Office of Professional Standards for an administrative review. Investigations involving county Offenders will be referred to the Jefferson County Sheriff Office for investigation. Where sexual abuse is alleged, Jefferson County Correctional Institute uses investigators who have received special training in sexual abuse investigations. All SART team members are required to attend additional PREA training. Investigators gather and preserve direct and circumstantial evidence, including any available physical and DNA evidence and any available electronic monitoring data; interview alleged victims, suspected perpetrators, and witnesses; and review prior complaints and reports of sexual abuse involving the suspected perpetrator. Jefferson County Correctional Institute follows a uniform evidence protocol that maximizes the potential for obtaining usable (physical) evidence for administrative proceedings and criminal prosecutions. The response to sexual assault follows the U.S. Department of Justice’s Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents, dated April 2013, or the most current version. SANE protocols and SART investigation procedures are initiated. When the quality of evidence appears to support criminal prosecution, Jefferson County Correctional Institute conducts compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution. Jefferson County Correctional Institute complies with this standard by following policies and procedures as outlined in the Jefferson County Correctional Institute policy JCCI 02 PREA pg. 20-24 in regard to PREA Investigations concerning criminal prosecutions. The credibility of an alleged victim, suspect, or witness is assessed on an individual basis and is not determined by the person’s status as Offender or staff. No agency requires an Offender who alleges sexual abuse to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an allegation. Jefferson County Correctional Institute complies with this standard by following policies and procedures as outlined in the Jefferson County Correctional Institute policy JCCI 02 PREA pg. 20-24 in regard to PREA investigations regardless of the credibility of those individuals involved. Criminal investigations shall be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible. Criminal investigation reports involving a PREA investigation will be maintained locally as part of the SART investigation for a period of no less than three years in the office of the Deputy Warden of Security. Administrative investigations include efforts to determine whether staff actions or failures to act contributed to the abuse; and are documented in written reports that contain a thorough ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 23 description of physical, testimonial, and documentary evidence, the reasoning behind credibility assessments, and investigative facts and findings, and attaches copies of all documentary evidence where feasible. The Jefferson County Sheriff’s Office conducts all staff involved incidents. Substantiated allegations of conduct that appears to be criminal are referred for prosecution to the Jefferson County Sheriff Office. Jefferson County Correctional Institute retains all written reports for as long as the alleged abuser is incarcerated or employed by Jefferson County Correctional Institute , plus five years. Jefferson County Correctional Institute complies with this standard by following policies and procedures as outlined in the Jefferson County Correctional Institute policy JCCI 02 PREA pg. 20-24 in regard to PREA Investigations concerning criminal prosecutions. The departure of the alleged abuser or victim from the employment or control of Jefferson County Correctional Institute or agency does not provide a basis for terminating an investigation. Jefferson County Correctional Institute complies with this standard by following policies and procedures as outlined in the Jefferson County Correctional Institute policy JCCI 02 PREA in regard to PREA Investigations concerning criminal prosecutions. §115.72 Evidentiary standard for administrative investigation Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 24 #17; and interview with investigative staff I find they meet this standard. Jefferson County Correctional Institute imposes no standard higher than a preponderance of the evidence in determining whether allegations of sexual abuse or sexual harassment are substantiated. §115.73 Reporting to Offenders Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA; PREA Allegation Notification Letter and interview with warden; investigative staff I find they meet this standard. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 24 Following an investigation into an Offender’s allegation that they suffered sexual abuse in an agency facility, Jefferson County Correctional Institute informs the Offender as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded. Jefferson County Correctional Institute complies with this standard by following Jefferson County Correctional Institute policy JCCI 02 PREA, which states, “Jefferson County Correctional Institute shall inform the Offender as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded. This will be completed by a member of the local SART unless the appointing authority delegates to another designee under certain circumstances. Such notifications or attempted notifications shall be documented. Following an Offender’s allegation that a staff member has committed sexual abuse against the Offender, and upon completion of the Internal Investigation, an assessment of the appropriateness of notification will be made by the Appointing Authority in consultation with Departments Legal Office. If determined that notification is appropriate, it will be made in accordance with 28 CFR § 115.73.” If Jefferson County Correctional Institute did not conduct the investigation, it requests the relevant information from the investigative agency in order to inform the Offender. Jefferson County Correctional Institute will obtain a copy of the investigation document and make proper notification to the Offender as defined by policy JCCI 02 PREA. Following an Offender’s allegation that a staff member has committed sexual abuse against the Offender, Jefferson County Correctional Institute subsequently informs the Offender (unless Jefferson County Correctional Institute has determined that the allegation is unfounded) whenever the staff member is no longer posted within the Offender’s unit; the staff member is no longer employed at Jefferson County Correctional Institute ; Jefferson County Correctional Institute learns that the staff member has been indicted on a charge related to sexual abuse within Jefferson County Correctional Institute ; or Jefferson County Correctional Institute learns that the staff member has been convicted on a charge related to sexual abuse within Jefferson County Correctional Institute. Jefferson County Correctional Institute will comply with this directive by following Jefferson County Correctional Institute policy JCCI 02 PREA which states, “Following an Offender’s allegation that a staff member has committed sexual abuse against the Offender, and upon completion of the Internal Investigation, an assessment of the appropriateness of notification will be made by the Appointing Authority in consultation with Department’s Legal Office. If determined that notification is appropriate, it will be made in accordance with 28 CFR § 115.73.” Following an Offender’s allegation that they had been sexually abused by another Offender, Jefferson County Correctional Institute subsequently informs the alleged victim whenever Jefferson County Correctional Institute learns that the alleged abuser has been indicted on a charge related to sexual abuse within Jefferson County Correctional Institute ; or Jefferson County Correctional Institute learns that the alleged abuser has been convicted on a charge related to sexual abuse within Jefferson County Correctional Institute. Jefferson County Correctional Institute adheres to the policy defined above as provided for in Jefferson County Correctional Institute policy JCCI 02 PREA. All such notifications or attempted notifications are documented. Jefferson County Correctional Institute adheres to the policy defined above as provided for in Jefferson County Correctional Institute policy JCCI 02 PREA. An agency’s obligation to report under this standard is terminated if the Offender is released from Jefferson County Correctional Institute custody. Jefferson County Correctional Institute ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 25 adheres to this standard by following Jefferson County Correctional Institute policy JCCI 02 PREA in which it states, “Jefferson County Correctional Institute shall inform the Offender as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded. This will be completed by a member of the local SART unless the appointing authority delegates to another designee under certain circumstances. Such notifications or attempted notifications shall be documented. A Department’s obligation to report under this standard shall terminate if the Offender is released from the Department’s custody.” §115.76 Disciplinary sanctions for staff Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 pg. 24 Discipline; and Sexual Assault/Sexual Misconduct Acknowledgment Statement I find they meet this standard. No staff has been disciplined for any PREA related incidents. Staff is subject to disciplinary sanctions up to and including termination for violating agency sexual abuse or sexual harassment policies. Termination is the presumptive disciplinary sanction for staff who has engaged in sexual abuse. In accordance with JCCI 02 PREA, staff that engage in sexual misconduct with offenders shall be banned from correctional institutions and subject to disciplinary action, up to and including termination, and may also be referred for criminal prosecution, when appropriate. Disciplinary sanctions for violations of agency policies relating to sexual abuse or sexual harassment (other than actually engaging in sexual abuse) are commensurate with the nature and circumstances of the acts committed, the staff member’s disciplinary history, and the sanctions imposed for comparable offenses by other staff with similar histories. In accordance with JCCI 02 PREA, disciplinary sanctions for violations of policy relating to sexual abuse or sexual harassment will be commensurate with the nature of the circumstances of the acts committed, the staff member’s disciplinary history, and the sanctions All terminations for violations of agency sexual abuse or sexual harassment policies, or resignations by staff who would have been terminated if not for their resignation, are reported to law enforcement agencies, unless the activity was clearly not criminal, and to any relevant licensing bodies. All Jefferson County Correctional Institute ’s staff/contractors that do not adhere to the PREA standards set forth in Jefferson County Correctional Institute policy JCCI 02 PREA will be subject to the disciplinary standards as defined by that same policy. Staff members who are found to have engaged in sexual misconduct/abuse shall be banned from correctional institutions or subject to disciplinary sanctions up to and including termination. Staff may also be referred for criminal prosecution and the incident will be reported, as required, to the Georgia Peace Officers Standards and Training Council (POST). Contractors and Volunteers who engage in sexual abuse will be prohibited from contact with Offenders and reported to the appropriate law enforcement agencies. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 26 Contractors and Volunteer who engage in sexual abuse will be prohibited from contact with Offenders and reported to law enforcement agencies, unless the activity was not criminal. Appropriate licensing agencies and/or the Georgia Peace Officer Standards. §115.77 Corrective action for contractors and volunteers Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 25 GDOC SOP 208.06 IV H. 2; Sexual Assault/ sexual Misconduct Acknowledgement Statement and interview with warden I find they meet this standard. No volunteer or contractor has been involved in any PREA related incidents. Any contractor or volunteer who engages in sexual abuse is prohibited from contact with Offenders and are reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies. Jefferson County Correctional Institute ’s staff will immediately remove any contractor or volunteer from Jefferson County Correctional Institute if they engage in sexual abuse. The contractor/volunteer will be prohibited from contact with Offenders and will report to the appropriate law enforcement agency. The relevant licensing body will also be notified. Jefferson County Correctional Institute takes appropriate remedial measures, and considers whether to prohibit further contact with Offenders, in the case of any other violation of agency sexual abuse or sexual harassment policies by a contractor or volunteer. All Jefferson County Correctional Institute ’s volunteers and contractors that do not adhere to the PREA standards set forth in Jefferson County Correctional Institute policy JCCI 02 PREA will be subject to the disciplinary standards as defined by that same policy. Remedial measures may include prohibiting contact with Offenders and reporting the incident to the appropriate law enforcement agency. §115.78 Disciplinary sanctions for Offenders Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 pg. 25 GDOC SOP 208.06 IV H.3. SOP 209.01 Offender Discipline; SOP 508.10 MH/MR Discipline Procedures and SOP II. B 02-0001 and interview with medical/mental health staff I find they meet this standard. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 27 No offenders have been disciplined for inmate on inmate sexual abuse. Offenders are subject to disciplinary sanctions pursuant to a formal disciplinary process following an administrative finding that the Offender engaged in Offender-on-Offender sexual abuse or following a criminal finding of guilt for Offender-on-Offender sexual abuse. Jefferson County Correctional Institute will subject Offenders to disciplinary sanctions pursuant to a formal disciplinary process following an administrative finding that the Offender engaged in Offender-on-Offender sexual abuse or a criminal finding of guilt for Offender-on-Offender sexual abuse. These sanctions will be imposed in accordance with GDC SOP IIB02-0001 and JCCI 02 PREA. Sanctions are commensurate with the nature and circumstances of the abuse committed, the Offender’s disciplinary history, and the sanctions imposed for comparable offenses by other Offenders with similar histories. Sanctions will be commensurate with the nature and circumstances of the abuse committed, the Offender's disciplinary history, and the sanctions imposed for comparable offenses by other Offenders with similar histories. Sanctions are covered by GDC SOP IIB02-0001. The disciplinary process considers whether an Offender’s mental disabilities or mental illness contributed to his behavior when determining what type of sanction, if any, should be imposed. GDC SOP IIB02-0001 requires staff to consider an Offender’s mental disability or mental illness during the disciplinary hearing process and when determining appropriate sanctions. GDC SOP VG34-0001 also addresses this issue. Jefferson County Correctional Institute disciplines an Offender for sexual contact with staff only upon a finding that the staff member did not consent to such contact. A report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred does not constitute falsely reporting an incident or lying, even if an investigation does not establish evidence sufficient to substantiate the allegation. Jefferson County Correctional Institute prohibits all sexual activity between Offenders and may discipline Offenders for such activity. §115.81 Medical and Mental health screening; history of sexual abuse Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 PREA pg. 26 interview with staff responsible for risk screening and medical/mental health staff I find they meet this standard. If the screening indicates that an Offender has experienced prior sexual victimization, whether it occurred in an institutional setting or in the community, staff ensure that the Offender is offered a follow-up meeting with a medical or mental health practitioner within 14 days of the intake screening. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 28 If the screening indicates that an Offender has previously perpetrated sexual abuse/prior sexual victimization, whether it occurred in an institutional setting or in the community, staff ensure that the Offender is offered a follow-up meeting with a mental health practitioner within 14 days of the intake screening. Any information related to sexual victimization or abusiveness that occurred in an institutional setting is strictly limited to medical and mental health practitioners and other staff, as necessary, to inform treatment plans and security and management decisions, including housing, bed, work, education, and program assignments, or as otherwise required by Federal, State, or local law. Medical and mental health practitioners obtain informed consent from Offenders before reporting information about prior sexual victimization that did not occur in an institutional setting, unless the Offender is under the age of 18. §115.82 Access to emergency medical and mental health services Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of SOP IIA21-0001; SANE nurse Call Roster and interview with medical staff I find they meet this standard. Offender victims of sexual abuse receive timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope of which are determined by medical and mental health practitioners according to their professional judgment. If no qualified medical or mental health practitioners are on duty at the time a report of recent abuse is made, security staff first responders take preliminary steps to protect the victim and immediately notify the appropriate medical and mental health practitioners. Offender victims of sexual abuse while incarcerated are offered timely information about and timely access to emergency contraception and sexually transmitted infections prophylaxis, in accordance with professionally accepted standards of care, where medically appropriate. All doctors’ orders received from the hospital are carried out at Jefferson County Correctional Institute . Treatment services are provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident. Offenders are never charged for incidents arising out of a sexual assault. §115.83 Ongoing medical and mental health care for sexual abuse victims Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 29 Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of SOP VG55-0001 Mental Health Management of Suspected Sexual Abuse, Contact or Harassment; SOP VH85-0001 Forensic Information; SOP VH85-0002 Medical Management of Suspected Sexual Assault, Abuse or Harassment and Medical PREA Log and interview with medical/mental health staff and Offenders who reported sexual assault I find they meet this standard. Jefferson County Correctional Institute offers medical and mental health evaluation and, as appropriate, treatment to all Offenders who have been victimized by sexual abuse in any prison. In providing ongoing medical treatment services, Jefferson County Correctional Institute will utilize the medical services of Jefferson County Correctional Institute medical staff. In providing ongoing mental health services Jefferson County Correctional Institute will utilize the services of Baldwin State Prison mental health professionals. These services will be provided at no cost to the Offender in the case of sexual abuse victims or abusers. The evaluation and treatment of such victims include, as appropriate, follow-up services, treatment plans, and, when necessary, referrals for continued care following their transfer to, or placement in, other facilities, or their release from custody. Jefferson County Correctional Institute provides such victims with medical and mental health services consistent with the community level of care. Medical and mental health staff will provide services consistent with the community level of care. Offender victims of sexual abuse while incarcerated are offered tests for sexually transmitted infections as medically appropriate. All Jefferson County Correctional Institute ’s Offenders who are victims of Sexual assault are treated by the Sexual Assault Nurse Examiner (SANE). Depending on the circumstances of the abuse, testing for sexually transmitted infections may be conducted at Jefferson County Correctional Institute or at Jefferson County Hospital at no cost to the Offender. Treatment services are provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident. Jefferson County Correctional Institute does not charge Offenders for PREA related treatments or services. Jefferson County Correctional Institute shall attempt to conduct a mental health evaluation of all known Offender-on-Offender abusers within 60 days of learning of such abuse history and offer treatment when deemed appropriate by mental health practitioners. All Jefferson County Correctional Institute ’s Offender’s that have been identified as having PREA concerns are interviewed by the local PREA Coordinator as part of the intake process. Any Offenders who are known to be Offender-on-Offender abusers will be referred for mental health treatment immediately. Treatment will be provided, at no cost to the Offender, as long as the mental health professionals deem it necessary. Offender would be referred to Baldwin State Prison. §115.86 Sexual abuse incident reviews Exceeds Standard (substantially exceeds requirement of standard) ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 30 X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of JCCI 02 pg. 26 & 27; GDOC SOP 208.06 IV Sexual Abuse Incident Review Checklist and interview with warden, PREA compliance manager, incident review team I find they meet this standard. Jefferson County Correctional Institute conducts 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. This review occurs 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 considers 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 Jefferson County Correctional Institute ; and they examine the area in Jefferson County Correctional Institute where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse; assess the adequacy of staffing levels in that area during different shifts; assess whether monitoring technology should be deployed or augmented to supplement supervision by staff. §115.87 Data collection Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Jefferson County Correctional Institute collects accurate, uniform data for every allegation of sexual abuse at facilities under its direct control using a standardized instrument and set of definitions, and aggregates the incident-based sexual abuse data at least annually. The incident-based data collected is based on the most recent version of the Survey of Sexual Violence conducted by the Department of Justice. Jefferson County Correctional Institute maintains, reviews, and collects data as needed from all available incident-based documents, including reports, investigation files, and sexual abuse incident reviews. Jefferson County Correctional Institute obtains incident-based and aggregated data from every private facility with which it contracts for the confinement of its Offenders. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 31 Upon request, Jefferson County Correctional Institute provides all such data from the previous calendar year to the Department of Justice no later than June 30. §115.88 Data review for corrective action Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Based on review of annual report and interview with PREA coordinator I find they meet this standard. Jefferson County Correctional Institute reviews data collected to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training, including identifying problem areas; taking corrective action on an ongoing basis; and preparing an annual report of its findings and corrective actions for each facility, as well as Jefferson County Correctional Institute as a whole. Such reports includes a comparison of the current year’s data and corrective actions with those from prior years and provide an assessment of Jefferson County Correctional Institute ’ progress in addressing sexual abuse. Jefferson County Correctional Institute report is approved by Jefferson County Correctional Institute warden and made readily available to the public through its website www.jeffersoncountyga.gov . §115.89 Data storage, publication and destruction Exceeds Standard (substantially exceeds requirement of standard) X Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period) Does Not Meet Standard (requires corrective action) Auditor comments, including corrective actions needed if does not meet standard Jefferson County Correctional Institute makes all aggregated sexual abuse data, from facilities under its direct control and private facilities with which it contracts, readily available to the public at least annually through its website All reports are securely retained and maintained for at least 10 years after the date of the initial collection unless Federal, State, or local law requires. ---PAGE BREAK--- PREA AUDIT: AUDITOR’S SUMMARY REPORT 32 AUDITOR CERTIFICATION: The auditor certifies that the contents of the report are accurate to the best of her knowledge and no conflict of interest exists with respect to his or her ability to conduct an audit of Jefferson County Correctional Institute under review. ______Katherine ____June 24, Auditor Signature Date