Document Jeffersoncountyga_doc_ea5f6e47fe

PREA Audit Report Page 1 of 162 Facility Name – double click to change Prison Rape Elimination Act (PREA) Audit Report Adult Prisons & Jails ☐ Interim ☒ Final Date of Report May 20, 2019 Auditor Information Name: Robert Lanier Email: [EMAIL REDACTED] Company Name: Diversified Correctional Services, LLC Mailing Address: PO Box 452 City, State, Zip: Blackshear, GA 31516 Telephone: [PHONE REDACTED] Date of Facility Visit: April 23-24, 2019; Certified Auditor and Assistant Agency Information Name of Agency: Georgia Department of Corrections Governing Authority or Parent Agency (If Applicable): Click or tap here to enter text. Physical Address: 300 Patrol Rd. City, State, Zip: GA 31029 Mailing Address: PO BOX 1529 City, State, Zip: GA 31029 Telephone: [PHONE REDACTED] Is Agency accredited by any organization? ☐ Yes ☒ No The Agency Is: ☐ Military ☐ Private for Profit ☐ Private not for Profit ☐ Municipal ☐ County ☒ State ☐ Federal Agency mission: The Georgia Department of Corrections protects the public by operating secure and safe facilities while reducing recidivism through effective programming, education, and healthcare. Agency Website with PREA Information: dcor.state.ga.us Agency Chief Executive Officer Name: Timothy C. Ward Title Commissioner Email: [EMAIL REDACTED] Telephone: [PHONE REDACTED] ---PAGE BREAK--- PREA Audit Report Page 2 of 162 Facility Name – double click to change Agency-Wide PREA Coordinator Name: Grace Atchison Title: Statewide PREA Coordinator Email: [EMAIL REDACTED] Telephone: [PHONE REDACTED] PREA Coordinator Reports to: Office of Professional Standards, Director of Compliance Number of Compliance Managers who report to the PREA Coordinator 88 Facility Information Name of Facility: Jefferson County Prison 1159 Clacks Mills Road Louisville Ga. Telephone Number: [PHONE REDACTED] The Facility Is: ☐ Military ☐ Private for profit ☐ Private not for profit ☐ Municipal ☒ County ☐ State ☐ Federal Facility Type: ☐ Jail ☒ Prison Mission Statement: House min/med security level state inmates to perform general labor for the county, provide re -entry skill programs, and operate a work release program Facility Website with PREA Information: dcor.state.ga.us Warden/Superintendent Name: : Calvin Oliphant Warden Email: [EMAIL REDACTED] Telephone: (478) 625-7230 Facility PREA Compliance Manager Name: Stanley Williams Title: Deputy Warden/PREA Compliance Manager Email: [EMAIL REDACTED] Telephone: (478) - 625- 7230 Facility Health Service Administrator Name: Sandra Cowart Title: Health Services Administrator Email: [EMAIL REDACTED] Telephone: (478) 625-7230 Facility Characteristics ---PAGE BREAK--- PREA Audit Report Page 3 of 162 Facility Name – double click to change Designated Facility Capacity: 185 Current Population of Facility: 182 Number of inmates admitted to facility during the past 12 months 212 Number of inmates admitted to facility during the past 12 months whose length of stay in the facility was for 30 days or more: 211 Number of inmates admitted to facility during the past 12 months whose length of stay in the facility was for 72 hours or more: 211 Number of inmates on date of audit who were admitted to facility prior to August 20, 2012: 0 Age Range of Population: Youthful Inmates Under 18: N/A Adults: 19-55 Are youthful inmates housed separately from the adult population? ☐ Yes ☐ No ☒ NA Number of youthful inmates housed at this facility during the past 12 months: N/A Average length of stay or time under supervision: 0 Facility security level/inmate custody levels: Min- Med Number of staff currently employed by the facility who may have contact with inmates: 35 Number of staff hired by the facility during the past 12 months who may have contact with inmates: 9 Number of contracts in the past 12 months for services with contractors who may have with inmates: 5 Physical Plant Number of Buildings: 1 Number of Single Cell Housing Units: 18 Number of Multiple Occupancy Cell Housing Units: 0 Number of Open Bay/Dorm Housing Units: 9 Number of Segregation Cells (Administrative and Disciplinary: 14 Description of any video or electronic monitoring technology (including any relevant information about where cameras are placed, where the control room is, retention of video, etc.): Jefferson county prison have a total of 36 camera throughout the Institution. Each dorm has 1 to two camera, visitation, medical hallway, sickbay area, Isolation/segregation area G and F hallway, Kitchen, both front / back yard detail staging area and T/C court yard /front parking lot. Medical Type of Medical Facility: 8 hrs. Medical coverage Same Forensic sexual assault medical exams are conducted at: Rape Crisis Center Other Number of volunteers and individual contractors, who may have contact with inmates, currently authorized to enter the facility: 5 Number of investigators the agency currently employs to investigate allegations of sexual abuse: 82 ---PAGE BREAK--- PREA Audit Report Page 4 of 162 Facility Name – double click to change Audit Findings Audit Narrative The auditor’s description of the audit methodology should include a detailed description of the following processes during the pre-onsite audit, onsite audit, and post-audit phases: documents and files reviewed, discussions and types of interviews conducted, number of days spent on-site, observations made during the site-review, and a detailed description of any follow-up work conducted during the post-audit phase. The narrative should describe the techniques the auditor used to sample documentation and select interviewees, and the auditor’s process for the site review. Pre-Audit Activities Notice of PREA Audit: The Notice of PREA Audit for the Jefferson County Prison located in Louisville, Georgia, was forwarded to the facility’s PREA Compliance Manager six weeks prior to the in-site audit. The PREA Compliance Manager, who is the Deputy Warden of Care and Treatment and retired Warden from the Georgia Department of Corrections, ensured the Notices were posted in areas accessible to staff, inmates, contractors, volunteers and visitors. Confirmation of the posting was provided by photos. The purpose of the posting of the Notice is to allow anyone with a PREA issue or concern, or an allegation of sexual abuse or sexual harassment to correspond, confidentially, with the Certified PREA Auditor. The auditor observed the postings during the site review but did not receive any correspondence from an offender, staff, contractor, volunteer or visitor. During the site-review the auditor observed the Notices of PREA Audit posted in common areas, living units and other places enabling staff, inmates, contractors, volunteers and visitors to communicate with the auditor if they wanted to. Pre-Audit Questionnaire/ Flash Drive Review: The Facility’s PREA Compliance Manager forwarded a flash drive to the auditor 30 days prior to the on-site audit. The reviewed flash drive contained the Pre-Audit Questionnaire, policies and procedures, memos, and other documentation specific to facility operations and PREA as implemented in that facility. The information provided was organized and enabled the auditor to understand the mission of the facility, which is to provide details throughout Jefferson County and within the facility. County facilities are required to comply with GDC Policies regarding operation and are bound by contract to comply with the Prison Rape Elimination Act. Samples of documentation to indicated practice were also included in the flash drive. The auditor and Deputy Warden/PREA Compliance Manager communicated frequently in the interim. When clarification was needed, the auditor communicated with the PREA Compliance Manager, who was always responsive and provided information as requested and when the auditor arrived on site, the PREA Compliance Manager responded expeditiously to all requests for additional information. Prior to the onsite portion of the audit, the Auditor and PREA Compliance Manager discussed a tentative agenda and logistics for the on-site audit. This facility is a medium/minimum security institution, housing male adult felon inmates who have been selected by the Georgia Department of Corrections as eligible for a county work program such as the Jefferson County Prison. ---PAGE BREAK--- PREA Audit Report Page 5 of 162 Facility Name – double click to change The Georgia Department of Corrections collects data from numerous sources. Prior to the on-site audit the auditor requested and received the following reports for the facility, provided by the Department’s PREA Unit: • Hotline Calls Report (for last 12 months) • Disability Report for Jefferson County Prison On-Site Audit Activities Although this facility is a small county work facility the audit was conducted by one Certified Auditor and an assistant. The auditors arrived at the facility at 0830AM, April 23, 2019. The auditor arrived at the facility and was processed in the lobby of the facility where the auditors signed in and were met by the Warden and Deputy Warden/PREA Compliance Manager. Following a meet and greet and discussion of the on-site audit process, the auditors selected, from alpha rosters random and targeted inmates to be interviewed. Specialized and random staff were identified to be interviewed. Following the in-briefing, the auditor asked for a complete site review of the entire facility and was escorted by the Deputy Warden of Care and Treatment/Facility PREA Compliance Manager. (13) Randomly Selected Staff: • 10 Correctional Officer/Security Staff • 01 Food Service Staff • 01 Store Clerk • 01 Teacher (19) Specialized Staff included the following: • Previous Interview with the GDC Commissioner • Previous Interview with the Agency’s Contract Manager’s designee • Previous Interview with the Agency PREA Coordinator • Previous Interview with the Agency Assistant PREA Coordinator • Warden • PREA Compliance Manager/Deputy Warden of Security • Retaliation Monitor • Intake/Orientation Counselor • Staff Conducting Victim/Aggressor Assessments • Medical Staff/ Licensed Practical Nurse • Facility Based Investigator • HR Representative • Unannounced PREA Rounds • Due Process Officer • Grievance Officer • Volunteer • GED Teacher • Staff on Incident Review Team ---PAGE BREAK--- PREA Audit Report Page 6 of 162 Facility Name – double click to change • Staff Supervising Segregation (26) Total Inmate Interviews Randomly Selected Inmates: 26 Inmates, randomly selected There were no transgender inmates, LGB inmates, youthful offenders, cognitively disabled, inmates disclosing abuse at the facility or previously, disabled or inmates in segregation as the result of being high risk for sexual victimization at the facility. The auditor interviews inmates informally during the site review and at other times during the on-site audit process. The auditor was provided privacy while talking with the inmates. After explaining the auditor’s role, offenders were asked about receiving Zero Tolerance and PREA related information at intake and then if they were advised of their rights during orientation and how they would choose to report sexual abuse and sexual harassment if it happened to them or someone else. 100% of the interviewed offenders affirmed they were told about Zero Tolerance. They indicated they have received PREA Information in all GDC Facilities they have been in. Those who came from the Georgia Diagnostic Prison in Jackson, Georgia stated they received PREA information there and watched the PREA video there as well as here. They indicated ways they could report and said they can report it on their tablets by emailing the GDC PREA Unit, call the PREA Hotline number or tell someone. Documents and Files Reviewed: • Facility Organizational Chart • Staffing Plan • Training Rosters documenting Day 1 Annual In-Service Training for 2018-2019 • PREA Acknowledgement Statements • NIC Certificates, “Communicating Effectively and Professionally with LGBTI Offenders” • Volunteer and Contractor Awareness and Education Acknowledgments • Contractor PREA Acknowledgment Statements • NIC Certificates Documenting “Medical Care for Victims of Sexual Abuse in a Confinement Setting” • NIC Certificates documenting NIC Training, “Investigating Sexual Abuse in a Confinement Setting” • Inmate PREA Acknowledgment Forms • Offender Orientation Checklists • Victim/Aggressor Assessments • Victim/Aggressor Reassessments • Verification of Background Checks for employees PREA Unit Reports from the GDC PREA Unit Analyst 1) Disabilities Report 2) Hot Line calls for the Past 12 months (zero) Investigations: This facility has not had an allegation of either sexual abuse or sexual harassment during the past 12 months and according to staff, none in the past 3-4 years or more. This was confirmed by reviewing the PREA Reports to the Georgia Department of Corrections PREA ---PAGE BREAK--- PREA Audit Report Page 7 of 162 Facility Name – double click to change Unit and interviews with the Warden, Deputy Warden of Care and Treatment/PREA Compliance Manager, and random and specialized staff. Post Audit Activities: The auditor communicated with the facility requesting additional information and clarifying issues. The need for Corrective Actions were requested. These are documented in the section below entitled: Follow-Up Required. Facility Characteristics The auditor’s description of the audited facility should include details about the facility type, demographics and size of the inmate, resident or detainee population, numbers and type of staff positions, configuration and layout of the facility, numbers of housing units, description of housing units including any special housing units, a description of programs and services, including food service and recreation. The auditor should describe how these details are relevant to PREA implementation and compliance. The mission of the Jefferson County Correctional Institution is to house approximately 140 inmates, in a safe, secure and sanitary environment, responsive to the needs of Jefferson County maintenance, sanitation, roads and grounds department. The facility’s goals listed on the agency website includes the following: * To establish Jefferson County C.I. as a model for all Georgia County Facilities * To continue to protect the public by minimizing zero escapes. * Decrease accidents by emphasizing safety standards and procedures at the work site * Minimize litigation with respect to staff and also inmates. * Continue to develop team building among staff. * Fill all essential operation vacancies. Jefferson County Prison is a small, laid back, county prison, housing up to 140 adult male felons who can work and understand instructions. The housing consists of 8 dormitories with a total of 140 beds. Also includes 5 sick bays with 10 beds and 14 isolation/segregation rooms. Programs are minimal but include the following: Academic – GED Counseling – General Counseling, Substance Abuse Education Recreation – General Recreation Religious Activities – Various Worship Services, Bible Study, Choir Vocational/OJT – Plumbing, Welding, Heavy Equipment Operation, and Brick Masonry Sex offenders are not appropriate for this program because of the emphases on inmates working on a multitude of details in the community and in surrounding communities. Provides labor for county maintenance, trash, and landfill duties and construction details. Correctional Officers typically work a 12-hour shift on a continuous 6:00 AM/PM rotation. A minimum of three officers are at the facility at all times to perform shakedowns, maintain buildings, transport, and to check security. Average ratio for work details are three inmates ---PAGE BREAK--- PREA Audit Report Page 8 of 162 Facility Name – double click to change to one guard, with no more than 12. Security level determines which inmates do what type of work. PREA Posters were observed in each of the living areas and work areas. Dorms had one to two Kiosks, enabling inmates to report allegations of sexual abuse via email to the PREA Unit and to family, as well as to access video chat was observed in each living unit. Dormitories with cells, two tiered, had three showers on the top range and three on the bottom range. These were single occupancy showers separated by full walls and equipped with shower curtains affording privacy while showering. Toilets are in the cells. Offenders were informally interviewed during the site review. Offenders related they could report via the Kiosk by emailing their families, telling an officer or using the PREA Phones. Phones are available in each dormitory enabling offenders to talk with family. Posters advising offenders that female staff work the dorms was posted in the living units. Cameras are strategically placed throughout the facility and dorms. The summary should include the number of standards exceeded, number of standards met, and number of standards not met, along with a list of each of the standards in each category. If relevant, provide a summarized description of the corrective action plan, including deficiencies observed, recommendations made, actions taken by the agency, relevant timelines, and methods used by the auditor to reassess compliance. Auditor Note: No standard should be found to be “Not Applicable” or “NA”. A compliance determination must be made for each standard. Number of Standards Exceeded: 3 115.11, 115.51, 115.87 Number of Standards Met: 42 115.12, 115.13, 115.14, 115.15, 115.16, 115.17, 115.18, 115.21, 115.22, 115.31, 115.32, 115.33, 115.34, 115.35, 115.41, 115.42, 115.43, 115.52, 115.53, 115.54, 115.61, 115.62, 115.63, 115.64, 115.65, 115.66, 115.67, 115.68, 115.71, 115.72, 115.73, 115.76, 115.77, 115.78, 115.81, 115.82, 115.83, 115 86, 115.88, 115.89, 115. 401, 115.406 Number of Standards Not Met: 0 N/A PREVENTION PLANNING ---PAGE BREAK--- PREA Audit Report Page 9 of 162 Facility Name – double click to change Standard 115.11: Zero tolerance of sexual abuse and sexual harassment; PREA coordinator All Yes/No Questions Must Be Answered by The Auditor to Complete the Report 115.11 ▪ Does the agency have a written policy mandating zero tolerance toward all forms of sexual abuse and sexual harassment? ☒ Yes ☐ No ▪ Does the written policy outline the agency’s approach to preventing, detecting, and responding to sexual abuse and sexual harassment? ☒ Yes ☐ No 115.11 ▪ Has the agency employed or designated an agency-wide PREA Coordinator? ☒ Yes ☐ No ▪ Is the PREA Coordinator position in the upper-level of the agency hierarchy? ☒ Yes ☐ No ▪ Does the PREA Coordinator have sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA standards in all of its facilities? ☒ Yes ☐ No 115.11 ▪ If this agency operates more than one facility, has each facility designated a PREA compliance manager? (N/A if agency operates only one facility.) ☒ Yes ☐ No ☐ NA ▪ Does the PREA compliance manager have sufficient time and authority to coordinate the facility’s efforts to comply with the PREA standards? (N/A if agency operates only one facility.) ☒ Yes ☐ No ☐ NA Auditor Overall Compliance Determination ☒ Exceeds Standard (Substantially exceeds requirement of standards) ☐ Meets Standard (Substantial compliance; complies in all material ways with the +6standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative ---PAGE BREAK--- PREA Audit Report Page 10 of 162 Facility Name – double click to change The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Georgia Department of Corrections’ overall approach to implementing and maintaining the PREA Standards and culture of zero tolerance and reporting seems to indicate they have been proactive in instilling a zero-tolerance for all forms of sexual abuse, sexual harassment, and retaliation for reporting or for cooperating with an investigation. GDC Standard Operating Procedures; 208.06, Prison Rape Elimination Action (PREA) Sexually Abusive Behavior Prevention Program affirms that the agency/facility has a zero-tolerance policy towards all forms of sexual abuse, sexual harassment and retaliation for reporting or for cooperating with an investigation. The facility houses Georgia Department of Corrections offenders under an Intergovernmental Agreement for a per diem fee. The reviewed contract/agreement requires the facility to adopt and comply with the Prison Rape Elimination Act and gives the agency the right to monitor the facility. This facility is a small facility housing medium and minimum adult felony and misdemeanor offenders who have been identified as being eligible for transfer or admission to a “work” facility. Offenders sent to the facility are screened for appropriateness and must be able to work and follow instructions. The majority of offenders work outside the facility on details, primarily with city, county, and state agencies or offices. Offenders in this facility rarely have significant issues, including major incidents. Violators will be returned to a more secure and restrictive Department of Corrections facilities. There have been no PREA allegations in this facility in more than three years according to interviews with the Warden and Deputy Warden. Interviews with staff, both those offenders interviewed informally as well as those interviewed formally, indicated that sexual assault and sexual harassment do not occur in this facility and none of the interviewed offenders were aware of any allegation or incidents related to sexual abuse or sexual harassment. Interviews with the Warden, Deputy Warden, randomly selected staff, specialized staff and interviews with offenders indicated the facility takes sexual safety seriously and that if an offender made a report, staff would take it seriously. The importance to which the Warden places on PREA and the sexual safety of offenders is reflected in his decision to designate the Deputy Warden of Care and Treatment as the PREA Compliance Manager. The PREA Compliance Manager himself is a former warden of larger state prisons who is retired from the State Department of Corrections, where his facilities were required to implement and maintain GDC Standard Operating Procedures related to PREA and the PREA Standards. The Deputy Warden is in a position of authority and has the authority and responsibility for implementing Georgia Department of Corrections Standard Operating Procedures and the PREA Standards. Reporting directly to the Warden, the PREA Compliance Manager has unfettered access to the Warden anytime day or night. The PREA Compliance Manager, although having multiple responsibilities indicated he has sufficient time to implement and maintain the PREA Standards. Too, he has the complete support of the Warden ---PAGE BREAK--- PREA Audit Report Page 11 of 162 Facility Name – double click to change and has direct access to him on a daily basis. An interview with the Warden confirmed his support for PREA and for his Compliance Manager. The agency has policies mandating a zero-tolerance policy and the comprehensive PREA policy (SOP 208.06, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program) addresses the agency’s comprehensive approach to prevention of sexual abuse and sexual harassment as well as its approach to detection, responding and reporting sexual abuse and sexual harassment. The agency’s policy begins with a statement of policy and applicable procedures, followed by extensive sections on Prevention Planning, Responsive Planning, and Reporting with multiple subsections addressing the GDC Procedures and the PREA Standards. The policy prohibits retaliation for reporting or participating in an investigation and mandates a zero tolerance for retaliation as well. The Georgia Department of Corrections (GDC) has developed the Office of Professional Standards Compliance Unit, with a full time Director overseeing compliance with PREA, American Correctional Association (ACA) Standards, and Americans with Disabilities Act Compliance. In addition, the Director of the Compliance Unit supervises the Policy Administrator and the agency’s Auditing Component. The Auditing Component audits GDC facilities for compliance with policies and procedures. The PREA Unit/Team consists of the Statewide PREA Coordinator. The Statewide PREA Coordinator oversees all PREA related functions and has an Assistant Statewide PREA Coordinator. Additionally, the PREA Unit has a PREA Analyst who collects and analyzes data that is input into the GDC Database, called SCRIBE. The PREA Unit oversees the implementation of the PREA Standards and helps maintain compliance by periodically monitoring facilities and programs, by providing technical assistance, and by providing training and most recently by implementing an investigation review, prior to authorizing an investigation to be closed out. The Statewide PREA Coordinator is a certified Peace Officer Standards Training (POST) instructor enabling her to provide certified training to staff. The Assistant PREA Coordinator and the PREA Analyst have recently completed the POST Instructor Training (POST IT) enabling the team to conduct PREA related training enabling officers to receive credit toward their POST training requirements for the year. The PREA Unit also collects PREA related data from each facility on a basis and reviews Sexual Assault Response Team Investigations (The Sexual Assault Response Team, SART, conducts the initial facility-based investigations). The Statewide PREA Coordinator reports to the Deputy Director of Compliance however she has unimpeded access to the Commissioner of the Georgia Department of Corrections with issues related to PREA. This relationship is also depicted on the Agency’s Organizational Chart. A recent interview with the Commissioner of the Georgia Department of Corrections confirmed his support for PREA, the PREA Coordinator and Compliance Director. The Commissioner receives message notifications of all sexual assaults in his facilities. The agency has a Statewide Americans with Disabilities Act/Limited English Proficiency Coordinator who serves as a resource person for accessing interpretive services for disabled or limited English proficient detainees and inmates. The Statewide Coordinator has required each facility to designate an ADA Coordinator in each facility. This is relevant to PREA in that when any issue arises regarding the need for any kind of interpretive services, the facility has access to the Statewide Coordinator who can expedite interpretive services beyond those offered by Language Line, and these services, provided through multiple statewide contracts, include telephone, video, and on-site interpretive services. For ---PAGE BREAK--- PREA Audit Report Page 12 of 162 Facility Name – double click to change example, on a previous audit, the auditor needed to interview a deaf inmate to determine his awareness and knowledge of PREA including zero tolerance, his rights related to sexual assault, sexual harassment and retaliation. One call to the Statewide ADA Coordinator resulted in access to an interpreter, who used American Sign Language via video. The ADA Coordinator has provided access to multiple statewide contracts for interpretive services for hearing impaired, visually impaired, or limited English proficient. County Governments reportedly may access the same Statewide Contracts for interpretive services as the State Facilities. The Jefferson County Correctional Institute is required to comply with the Georgia Department of Corrections Policies, including PREA. The Georgia Department of Corrections PREA Policy addresses and integrates the elements of the PREA Program, and includes the agency’s approach to prevention, detection, responding and reports. The agency has identified sanctions for staff, contractor, or inmates for violating any agency sexual abuse or sexual harassment policy and the presumptive sanction for employees is dismissal/termination and banning contractors and volunteers from further contact with inmates and the facility, until the conclusion of an investigation. The ban is statewide, preventing the contractor or volunteer from entering any GDC facility until an investigation is completed. Zero Tolerance is referenced in multiple documents and publications including the Inmate Handbook, in PREA Acknowledgment Statements for staff, inmates, contractors and volunteers, on issued PREA brochures, in the PREA Video, and continuously through multiple PREA related posters that were observed in virtually every are of this facility, including disciplinary segregation. Inmates are provided PREA related information in every GDC facility they have been in. This has been confirmed through multiple interviews with inmates throughout the state and including those offenders assigned to the Jefferson County Correctional Institution. Policies and Documents Reviewed: Georgia Department of Corrections (GDC) Policy 208.6, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program; Georgia Department of Corrections Organizational Chart; Statewide PREA Structure (Organizational Chart depicting lines of authority and responsibility for the PREA Unit)); Jefferson County Prison Organizational Chart; Previously reviewed Job Description Statewide PREA Coordinator; Prison Staffing Plan; PREA Brochures for Inmates and for Staff; Training Rosters documenting 2018 Day 1 Annual In-Service Training and Specialized Training documenting staff completing the NIC Course entitled: Communicating Effectively and Professionally with LGBTI Offenders. Zero Tolerance Posters located throughout the facility Interviews: GDC Commissioner; Warden; Deputy Warden of Care and Treatment/PREA Compliance Manger; Deputy Warden of Security; PREA Coordinator-Previous Interview; Assistant PREA Coordinator – Previous Interview; (13) Randomly Selected Staff; (19) Specialized Staff, Twenty-Six (26) Randomly Selected Inmates Other: Observed PREA related posters throughout the facility; phones with PREA Hotline dialing instructions were observed in all living units; Kiosks in each dorm Policy and Documents Review: Georgia Department of Corrections (GDC) Policy 208.6, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program, is a comprehensive PREA Policy that not only details the agency’s approach to prevention, detection, reporting and responding to allegations of sexual abuse and sexual harassment but also integrates this ---PAGE BREAK--- PREA Audit Report Page 13 of 162 Facility Name – double click to change information in a manner that flows logically and is easily understood. The policy affirms that the Department will not tolerate any form of sexual abuse or sexual harassment of any offender. Policy also states that the Department has a zero tolerance for all forms of sexual abuse, sexual harassment and sexual activity among inmates. It further indicates the purpose of the policy is to strengthen the Department’s efforts to prevent occurrences of this nature by implementing key provisions of the PREA Standards to help prevent, detect and respond to sexual abuse in confinement facilities. The PREA Policy addresses the agency’s approach to preventing, detecting, responding and reporting sexual abuse and sexual harassment. It appears that the Georgia Department of Corrections and the Jefferson County Correctional Institution administration and staff take sexual safety seriously. This is based on a number of factors. An interview with the GDC Commissioner indicated he believes he has put together a team (the Director of Compliance and the PREA Unit, led by the Statewide PREA Coordinator, who have effectively implemented PREA. He affirmed his support for PREA and the efforts of the PREA Unit. During the interview, he showed the auditor how he is notified of every sexual assault in the state via phone message and that he also receives follow-up on those via phone message as well. The GDC appointed a Director of the Office of Professional Standards Compliance Unit, who is ultimately responsible for the Department’s compliance with the PREA Standards, the Americans with Disabilities Act and the American Correctional Association Standards. This staff person was previously the agency’s PREA Coordinator and is a Certified PREA Auditor. She also supervises the agency’s audit team consisting of a Statewide Senior Auditor and 8 security auditors and three physical plant auditors. Additionally, the facility must comply with the ACA Standards and has a staff dedicated to overseeing the implementation of the ACA Standards in the facility. Additionally, the Department has appointed a Statewide PREA Coordinator and an Assistant Agency Statewide PREA Coordinator with sufficient time and authority to develop, implement, and oversee the Department’s efforts to comply with the PREA Standards in the Georgia Department of Corrections (GDC) facilities. The Statewide PREA Coordinator has responsibility for the entire state. Both the PREA Coordinator and Assistant PREA Coordinator are experienced in adult corrections. They are heavily involved in training staff; whether it is training for the PREA Compliance Managers, Sexual Assault Response Team (SART) Members, or staff first responders to mention a few. PREA Compliance Manager training and SART training is held consistently at least twice a year. The PREA Coordinator, Assistant PREA Coordinator and the PREA Analyst have completed the Peace Officer Standards Training Instructor Training, referred to as POST IT. These staff have met requirements to instruct corrections staff, and especially Peace Officer Standards Certified Correctional Staff, enabling them to receive credit toward their ongoing certification and recertification requirements. The Peace Officer Standards Training and certification process are independent of corrections and law enforcement agencies and promulgates the standards for certification for all types of law enforcement and corrections agencies. The reviewed Statewide PREA Structure, as depicted on the Agency’s Organizational Chart, documented that the Statewide PREA Coordinator reports now to the Compliance Unit’s Deputy Director. Interviews confirmed she has direct access to the Commissioner of the Department with regard to any PREA issues if needed. A recent interview with the GDC Commissioner confirmed he is very familiar with the Director of Compliance and the Statewide PREA Coordinator. He asserted his confidence in them and the work they do and assured the auditor of his full and complete support. An ---PAGE BREAK--- PREA Audit Report Page 14 of 162 Facility Name – double click to change interview with the PREA Coordinator indicated that the Director of Facilities is also actively supporting the PREA Coordinator and PREA in all facilities. The PREA Coordinator is an exceptionally knowledgeable staff. She is not just knowledgeable of PREA, but also is experienced working in adult facilities prior to her appointment. She has been responsible for ensuring that the prisons and facilities comply with the PREA Standards and that they maintain compliance. To that end she and the Assistant PREA Coordinator serve as resource staff for the GDC facilities and programs. Too, she is a Peace Officer Standards Training Certified Trainer and provides training related to PREA and PREA topics, for which the staff get credit by virtue of having a POST Certified Instructor presenting. The PREA Unit, realizing the quality of the Facility-Based investigations needed to be monitored, has implemented a computer-based program to enable the PREA Coordinator, Assistant PREA Coordinator and PREA Analyst to monitor investigations. This enables them to review the investigation and to require additional action, including instructing the facility-based investigators to look at other areas if warranted, prior to closure, for the investigation to be approved by the PREA Unit. This provides a quality assurance component to evaluate investigations. Plans, according to the PREA Coordinator, are underway for the PREA Coordinator, Assistant PREA Coordinator and PREA Analyst to use video to go into each facility to review, with them, their investigations. The Assistant PREA Coordinator is also experienced in corrections, having worked in both the state and private sector. He is knowledgeable of PREA and provides technical assistance when needed to the GDC Facilities. A previous interview with the PREA Coordinator and the Assistant Statewide PREA Coordinator confirmed that they have sufficient time to perform their PREA related duties. The PREA Unit is heavily involved as well in capturing data for planning, corrective action and other purposes. To that end, the agency and PREA Unit has a PREA Analyst assigned to the PREA Unit. His job, among other things, is to collect and analyze the data that is submitted to the PREA Unit on a basis, by each facility. In working with the PREA Auditor, the PREA Analyst assists by retrieving information on all calls to the PREA Hotline from each facility prior to the on-site audit. He also assists the auditor by securing from the Georgia Department of Corrections Technical Section, rosters of disabled inmates, identifying the inmate and his/her disability, enabling the auditor to select disabled inmates to interview during on-site visits. He also provides a report of inmates or probationers who identify as LGBTI and who have reported prior victimization. He keeps statistics for each facility and cumulatively for the agency These statistics are used by the Department to analyze issues related to PREA and are used to compile the Agency’s Annual Report. The analyst also. has a system that populates information from reports onto the SSV Form. He also provides a check and balance in collecting accurate information about sexual assault. Facilities are required to report allegations to the PREA Unit. The agency has a designated staff responsible for coordinating activities related to compliance with the American Disabilities Act. She has asked each facility to designate a facility-based ADA Coordinator, and has arranged for the GDC to utilize multiple statewide contracts for inmates with disabilities. These contracts provide for interpretive services via phone, video, and in person. This state level position, ADA Coordinator, also under the umbrella of the Office of Professional Standards, Compliance section, has been actively involved in trying get GDC staff trained in ADA. The ADA Director has also assisted facilities in securing interpretive services when needed. On one specific occasion at another facility she ---PAGE BREAK--- PREA Audit Report Page 15 of 162 Facility Name – double click to change expedited, for the auditor, the interview of a deaf inmate by arranging within minutes, a video interview with an interpreter who used American Sign Language. The PREA Unit has reached out to nationally recognized organizations to assist in implementing PREA. These included Just Detention International and the Moss Group. They contracted with Just Detention in the past to assist in implementing PREA and are now under contract with the Moss Group to help the Department assist in developing the agency’s Transgender Policy. The DRAFT Policy has been completed and is being reviewed. The Moss Group is also working with the Department to assess and recommend additional female programming (gender specific programming). The Moss Group has provided Train the Trainer Classes to train trainers to go back into the facilities to train selected staff to serve as victim advocates. The Statewide PREA Coordinator and Assistant Statewide PREA Coordinator have been trained by the Moss Group to conduct this training. The Warden/Superintendent at each institution is charged with ensuring that all aspects of the agency’s PREA Policy are implemented. The Warden has, as required, developed a Local Procedure Directive for response to sexual allegations. The Directive reflects the institution’s unique characteristics and specifies how each institution will respond to sexual allegations and the notification procedures followed for reports of sexual allegations. (Local Procedure Directive discussed in a later standard). Wardens/Superintendents are also required to assign an Institutional PREA Compliance Manager who also has sufficient time and authority to develop, implement and oversee the facility efforts to comply with the PREA Standards. The PREA Compliance Manager is the Deputy Warden of Care and Treatment. An interview with the PREA Compliance Manager indicated he makes time to perform all her PREA related responsibilities. He also indicated that she has the complete support of the Warden and he has given her the authority and responsibility for implementing the standards and for maintaining compliance with them. The Deputy Warden has unfettered access to the Warden any time needed. The agency appears to be proactive in working towards preventing, detecting, responding and reporting PREA incidents. This was described by the PREA Coordinator and included the fact that they have been working with Just Detention International on a variety of initiatives and projects. The agency, in the past, provided documentation of their JDI PREA Demonstration Grant, including the Final Close- Out Report dated March 2, 2018. The grant included nine GDC project pilot facilities. The initiatives included: 1) Promote broad-based culture shift within GDC through new staff training programs that comply with the PREA Standards and address each employee’s role in preventing and responding to sexual abuse. This included assessing the cultures in the pilot facilities and then developing and providing training. 2) Develop a trauma-informed response to sexual assault, ensuring incarcerated survivors have access to the same quality of care that is available in the community. During this part of the project the JDI worked with the Georgia Network to End Sexual Assault (GNESA in providing training to staff in providing trauma-informed response to inmates reporting sexual abuse, in building partnerships with community-based rape crisis centers and to provide training to the facility-based sexual assault response team members, ensuring a coordinated response to inmates reporting sexual abuse. This goal included objectives related to more training for staff and SARTs as well as securing written MOUs with rape crisis centers. 3) Develop PREA inmate education programs that address the needs of inmates with GDC’s facilities. This included an assessment of existing inmate education curricula and materials, identifying inmate education delivery methods best suited for each of GDC’s ---PAGE BREAK--- PREA Audit Report Page 16 of 162 Facility Name – double click to change facility types and revising or developing new inmate education curricula and materials tailored to the needs of each facility type, and establishing a plan for delivering that education to new inmates and on an ongoing basis. 4) Enhance GDC’s procedures regarding PREA standards and audit compliance. Zero Tolerance appears to have been reinforced in the GDC prisons, Probation Detention Centers, Transitional Centers and contracted County Prisons, this auditor has audited. This observation is made based on the fact that inmates consistently tell the auditor they have received this information in every facility they have been in and most have been transferred multiple times throughout the years. Offenders frequently tell the auditor they have seen the PREA Video multiple times in multiple GDC facilities. One inmate during a recent audit thanked the PREA Auditor for PREA and said that he has seen serious sexual assaults during his years in prison but that since PREA he has not seen that much and said that at his present facility, he has not been aware of any sexual assaults. Zero Tolerance is also reflected in multiple documents, including PREA Acknowledgment Statements for staff, contractors, volunteers and inmates. Posters were observed in every area of the building, and in every living unit. Inmates, staff, contractors and volunteers are trained in the zero-tolerance policy. They acknowledge that in signed PREA Acknowledgment Statements. The auditor reviewed Training Rosters documenting completion of Day 1, Annual In-Service Training that includes PREA Training. Acknowledgement Statements for Employees and Unsupervised Contractors and Volunteers affirms that they have received training on the Department’s Zero Tolerance Policy on Sexual Abuse and Sexual Harassment and that they have read to GDC Standard Operating Procedure 208.06, Sexually Abusive Behavior Prevention and Intervention Program. They also acknowledge that violation of the policy will result in disciplinary action, including termination or being banned from entering any correctional institution. The auditor reviewed over PREA Acknowledgment Statements for employees and contractors that were in personnel files selected for review. These affirm zero tolerance. Multiple Training Rosters reflected staff attending Day 1 Annual In-Service where staff are trained in PREA annually, including training in the Zero-Tolerance Policy. The GDC PREA Unit also requires staff to complete the NIC on-line training, Communicating Effectively and Professionally with LGBTI Offenders. The auditor reviewed 10 Certificates documenting that training. The agency appears to value training to assist in the agency’s prevention efforts. The agency plans and provides additional training for Sexual Assault Response Team Members, as well as ongoing training for PREA Compliance Managers. Sexual Assault Team Members (SART) attend training at least semi- annually. This training was documented in training rosters (previously provided and reviewed) and through interviews with SART members, the PREA Coordinator and Assistant PREA Coordinator. Designated staff complete the NIC on-line Specialized Training for Investigating Sexual Abuse in Confinement Settings, in addition to the specialized training for their respective fields; i.e., Medical and Mental Health. Healthcare staff attend training in Nursing Protocols and complete the NIC Training entitled, Medical Care for Victims of Sexual Abuse in a Confinement Setting. Offenders are provided PREA related information upon admission to the facility during the intake process. During Intake and according to staff, inmates are provided information about zero tolerance and are provided the PREA Brochure. During orientation, PREA Education is provided. Orientation is consistently documented the same day as admission. Interviewed offenders, in their interviews, ---PAGE BREAK--- PREA Audit Report Page 17 of 162 Facility Name – double click to change affirmed that they received information about zero tolerance and PREA Information on arrival and during orientation. Staff sign PREA Acknowledgment Statements acknowledging zero-tolerance. Multiple statements were reviewed in personnel files and during the background check review process. These statements also explain the potential consequences for violating the agency’s sexual abuse or sexual harassment policies. Zero Tolerance posters were observed throughout this facility in areas accessible to inmates, staff, contractors, and visitors. Interviews: An interview with the Commissioner of the Georgia Department of Corrections confirmed he is knowledgeable of PREA, including some of the nuances of facility operation related to PREA. He also showed the auditor how he receives messages anytime there is a sexual assault in any of his facilities. He was very familiar with the Statewide PREA Coordinator and the Director of the Compliance Unit and indicated he was very aware of the good PREA Team he has. The Warden indicated he supports PREA and has appointed his Deputy Warden of Care and Treatment, whose duties are implementing and maintaining compliance with the PREA Standards and ACA Standards. He indicated he fully supports the compliance manager and that he has a zero tolerance for all forms of sexual abuse and sexual harassment and for retaliation for reporting. The PREA Compliance Manager is knowledgeable of PREA. He described his facility’s efforts to prevent, detect, report and respond to allegations of sexual abuse and sexual harassment. One-hundred percent (100%) of the interviewed random staff and specialized staff were aware of the zero-tolerance policy and agency’s zero tolerance for any form of sexual abuse, sexual assault, sexual harassment or retaliation. They indicated they are trained to and required to report all allegations of sexual abuse or sexual harassment including suspicions and staff actions that may have contributed to an incident or allegation. The Twenty-Six (26) randomly selected inmates affirmed they know there is a zero tolerance for all forms of sexual abuse, sexual harassment and retaliation Allegations and reports, regardless of the source, are required to be documented and investigated. Staff stated they would report the allegation immediately to their immediate supervisor and follow up with a written statement prior to the end of their shift. They said they would report “everything” regardless of how they received the information or regardless of whether it involved a staff, inmate, contractor or visitor. Interviewed staff affirmed that they have been trained in each of the topics required by the PREA Standards and that those topics were covered in Pre-Service Training and each year in annual in- service training. Staff also are required by the PREA Unit to complete the National Institute of Corrections on-line training entitled: “Communicating Effectively and Professionally with LGBTI Offenders”. Interviews confirmed that each of the interviewed staff completed that training as well. Inmates, staff, contractors and volunteers are trained in the zero-tolerance policy. This was confirmed through reviewed acknowledgment statements, reviewed training rosters, certificates of training and interviews with them. All formally interviewed offenders as well as informally interviewed offenders, during the site review, were aware the facility and GDC has a zero tolerance for all forms of sexual ---PAGE BREAK--- PREA Audit Report Page 18 of 162 Facility Name – double click to change activity and how to report. Most of the informally interviewed inmates acknowledged they received information on admission and that they viewed the PREA Video. They also indicated they have received that information in every facility they have been assigned to. They also pointed out that the information is available all over the facility through posters. The facility has provided inmates phones for dialing the PREA Hotline to report allegations of sexual abuse and sexual harassment. They also have access to a Kiosk in each dorm from which they can access staff and email family and friends on their approved list. Other: Zero Tolerance is reflected in multiple documents, including PREA Acknowledgment Statements for staff, contractors, volunteers and inmates. Posters were observed in every building, every living unit and throughout the facility. Inmates at this facility have access to a KIOSK in each dorm from which they can email staff and family and others on their approved list. Staff and inmates are aware of the zero-tolerance policy and of the agency’s approach to preventing, detecting, responding and reporting all suspicions, allegations, knowledge, or reports of sexual abuse, sexual harassment or retaliation. Observed interactions between offenders and staff during the audit were observed to be respectful and professional and offenders appeared relaxed and when interviewed, were respectful and jovial. Standard 115.12: Contracting with other entities for the confinement of inmates All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.12 ▪ If this agency is public and it contracts for the confinement of its inmates with private agencies or other entities including other government agencies, has the agency included the entity’s obligation to comply with the PREA standards in any new contract or contract renewal signed on or after August 20, 2012? (N/A if the agency does not contract with private agencies or other entities for the confinement of inmates.) ☒ Yes ☐ No ☐ NA 115.12 ▪ Does any new contract or contract renewal signed on or after August 20, 2012 provide for agency contract monitoring to ensure that the contractor is complying with the PREA standards? (N/A if the agency does not contract with private agencies or other entities for the confinement of inmates OR the response to 115.12(a)-1 is ☒ Yes ☐ No ☐ NA Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ---PAGE BREAK--- PREA Audit Report Page 19 of 162 Facility Name – double click to change ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Policy and Document Review: Georgia Department of Corrections Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior, Prevention and Intervention Program, A. Prevention Planning, Paragraph 2; Intergovernmental Agreement between GDC and the Jefferson County Government; Two Agency Contracts (Previously Reviewed); Reviewed Intergovernmental Agreement County Capacity, July 2018 (for the confinement of offenders); Pre-Audit Questionnaire. Interviews: Commissioner of the Georgia Department of Corrections; PREA Coordinator (Agency Director Designee) prior interview; Assistant PREA Coordinator previous interview, PREA Compliance Manager; Warden; Previous interview with Contracts Manager’s Designee. Discussion of Policy and Documents Reviewed: Georgia Department of Corrections Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior, Prevention and Intervention Program, A. Prevention Planning, Paragraph 2, requires the Department to ensure that contracts for the confinement of its inmates with private agencies or other entities, including governmental agencies, includes in any new contract or contract renewal the entity’s obligation to adopt and comply with the Any new contract or contract renewal shall provide for Department contract monitoring to ensure that the contractor is complying with the PREA Standards. An example of contract language was provided to the auditor previously and since then, the auditor reviewed contracts for housing inmates at the Harris County Prison, Coweta County Prison, Carroll County Prison, Columbus Consolidated Government and the Jefferson County Prison An example of the language in the Intergovernmental agreement between the Georgia Department of Corrections and the Jefferson County Government (Board of Commissioners) for the confinement of offenders includes the following language in Paragraph 8, Prison Rape Elimination Act, that states, “County agrees it will adopt and comply with 28 CFR 115, entitled Prison Rape Elimination Act (PREA) as required in 28 CFR 155-12. The facility also agrees to cooperate with (the) Department (GDC) in any audit, inspection, or investigation by Department or other entity relating to County’s compliance with PREA. It also agrees the Department will monitor the County’s compliance with PREA and shall have the right to inspect any documents or records relating to such audit, inspection, or investigation and County will provide such documents or records at Department’s request. Counties acknowledge that failure to comply with PREA is a material breach of this Agreement and is a cause for termination of this Agreement.” ---PAGE BREAK--- PREA Audit Report Page 20 of 162 Facility Name – double click to change This facility does not contract for the confinement of offenders. This was confirmed through interviews with the PREA Coordinator (previous interview), Warden, PREA Compliance Manager, and the reviewed Pre-Audit Questionnaire. The Agency PREA Coordinator previously provided the auditor two additional contracts the agency promulgated for the confinement of inmates by a county prison and a private vendor. Both contracts contained requirements for the contactor to comply with PREA and to acknowledge that the Georgia GDC has the right to monitor for compliance. The auditor has reviewed contracts (known as intergovernmental agreements) for 5-6 county prisons. The agreements are between the Georgia Department of Corrections and the Governmental Entity responsible for operation of the county prison. Each of the reviewed contracts contained the same verbiage requiring the County adopt the PREA Standards and comply with them. They also acknowledged that the Department will monitor the facilities for compliance. Discussion of Interviews: The Commissioner informed the auditor that GDC does not have any union employees and he is not involved in any form of collective bargaining. He asserted he can remove from contact, any staff, alleged to have violated an agency sexual abuse or sexual harassment policy. Standard 115.13: Supervision and monitoring All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.13 ▪ Does the agency ensure that each facility has developed a staffing plan that provides for adequate levels of staffing and, where applicable, video monitoring, to protect inmates against sexual abuse? ☒ Yes ☐ No ▪ Does the agency ensure that each facility has documented a staffing plan that provides for adequate levels of staffing and, where applicable, video monitoring, to protect inmates against sexual abuse? ☒ Yes ☐ No ▪ Does the agency ensure that each facility’s staffing plan takes into consideration the generally accepted detention and correctional practices in calculating adequate staffing levels and determining the need for video monitoring? ☒ Yes ☐ No ▪ Does the agency ensure that each facility’s staffing plan takes into consideration any judicial findings of inadequacy in calculating adequate staffing levels and determining the need for video monitoring? ☒ Yes ☐ No ▪ Does the agency ensure that each facility’s staffing plan takes into consideration any findings of inadequacy from Federal investigative agencies in calculating adequate staffing levels and determining the need for video monitoring? ☒ Yes ☐ No ▪ Does the agency ensure that each facility’s staffing plan takes into consideration any findings of inadequacy from internal or external oversight bodies in calculating adequate staffing levels and determining the need for video monitoring? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 21 of 162 Facility Name – double click to change ▪ Does the agency ensure that each facility’s staffing plan takes into consideration all components of the facility’s physical plant (including “blind-spots” or areas where staff or inmates may be isolated) in calculating adequate staffing levels and determining the need for video monitoring? ☒ Yes ☐ No ▪ Does the agency ensure that each facility’s staffing plan takes into consideration the composition of the inmate population in calculating adequate staffing levels and determining the need for video monitoring? ☒ Yes ☐ No ▪ Does the agency ensure that each facility’s staffing plan takes into consideration the number and placement of supervisory staff in calculating adequate staffing levels and determining the need for video monitoring? ☒ Yes ☐ No ▪ Does the agency ensure that each facility’s staffing plan takes into consideration the institution programs occurring on a particular shift in calculating adequate staffing levels and determining the need for video monitoring? ☒ Yes ☐ No ☐ NA ▪ Does the agency ensure that each facility’s staffing plan takes into consideration any applicable State or local laws, regulations, or standards in calculating adequate staffing levels and determining the need for video monitoring? ☒ Yes ☐ No ▪ Does the agency ensure that each facility’s staffing plan takes into consideration the prevalence of substantiated and unsubstantiated incidents of sexual abuse in calculating adequate staffing levels and determining the need for video monitoring? ☒ Yes ☐ No ▪ Does the agency ensure that each facility’s staffing plan takes into consideration any other relevant factors in calculating adequate staffing levels and determining the need for video monitoring? ☒ Yes ☐ No 115.13 ▪ In circumstances where the staffing plan is not complied with, does the facility document and justify all deviations from the plan? (N/A if no deviations from staffing plan.) ☒ Yes ☐ No ☐ NA 115.13 ▪ In the past 12 months, has the facility, in consultation with the agency PREA Coordinator, assessed, determined, and documented whether adjustments are needed to: The staffing plan established pursuant to paragraph of this section? ☒ Yes ☐ No ▪ In the past 12 months, has the facility, in consultation with the agency PREA Coordinator, assessed, determined, and documented whether adjustments are needed to: The facility’s deployment of video monitoring systems and other monitoring technologies? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 22 of 162 Facility Name – double click to change ▪ In the past 12 months, has the facility, in consultation with the agency PREA Coordinator, assessed, determined, and documented whether adjustments are needed to: The resources the facility has available to commit to ensure adherence to the staffing plan? ☒ Yes ☐ No 115.13 ▪ Has the facility/agency implemented a policy and practice of having intermediate-level or higher- level supervisors conduct and document unannounced rounds to identify and deter staff sexual abuse and sexual harassment? ☒ Yes ☐ No ▪ Is this policy and practice implemented for night shifts as well as day shifts? ☒ Yes ☐ No ▪ Does the facility/agency have a policy prohibiting staff from alerting other staff members that these supervisory rounds are occurring, unless such announcement is related to the legitimate operational functions of the facility? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Georgia Department of Corrections requires that each facility develop and document a staffing plan that provides for adequate levels of staffing and, where applicable, video monitoring, to protect inmates against sexual abuse. The Georgia Department of Corrections Policy requires each facility to develop a staffing plan addressing adequate staffing and deployment of video monitoring in an effort to protect offenders from sexual abuse. Staffing plans are based upon previously conducted Staffing Analyses conducted by the Department of Corrections. Additionally, the Georgia Department of Corrections facilities develop a stratification plan that essentially provides a brief overview of the facility and the plan for housing the adult male felon population served by this facility. The Jefferson County Correctional Institution has developed and documented a staffing plan that, according to the Warden and Deputy Warden, provides for adequate levels of staffing to attempt to ---PAGE BREAK--- PREA Audit Report Page 23 of 162 Facility Name – double click to change keep inmates safe. The staffing plan is documented in the Jefferson County Correctional Institution (JCI) Staffing plan, with an effective date of January 17, 2017. The Georgia Department of Corrections Standard Operating Procedures 208.06 requires that in developing the staffing plan, the facility take into account each of the items required by the PREA Standards. The Staffing Plans and reviews of the staffing plan are guided by a template developed by the agency PREA Team. The template is designed to ensure each facility addresses each of the required items in the PREA Standards. These are developed with input from the agency PREA Coordinator and approved by the Warden and PREA Coordinator or Assistant Coordinator. The Department (GDC) sends teams to facilities to assess the staffing needs and, after identifying Priority One Posts and other lessor priority posts, applies formulas with consideration of relief factors and recommends allocating the numbers of staff to be adequate for the mission of that facility. This is known as a staffing analysis. Staffing levels then are essentially based on the mission of the facility, population served, security levels of offenders, special needs of offenders, programs, work details and the numbers of identified priority one posts. Priority one posts are those that are so critical they must be manned 24/7. The facility may also have other posts that need to be staffed for optimum operational conditions but are a lessor priority than the posts that must be manned 24/7. Priority two and three posts are needed for the optimal operation of the facility but lower priority posts and may be closed or “pulled” in order to staff higher priority level posts. Some posts may be closed because their function has ceased at a given time of day or night. The Jefferson County Correctional Institution houses medium and minimum-security inmates that perform various general/skill level details around the county. These offenders are transferred from a Georgia Department of Corrections Diagnostic Facility or come from another GDC Prison. There are approximately 70 minimum security level inmates, 86 medium, and 1 close security offenders. Racially there are 81 Black offenders, 73 Caucasian Offenders, and 2 designated as “other”. The facility has a dual mission in that the facility houses state inmates to perform general labor details around the county, city of Louisville, Georgia, and surrounding counties. The facility also houses work release residents at the transitional center where inmate’s gain lawful employment and work with employers within the county. The facility also provides programs to meet the offender’s individual needs to prepare them to return to the community to become productive citizens and join the workforce to reduce recidivism. The staffing plan developed by the facility asserts the plan is to ensure adequate staffing levels and video monitoring to protect offenders from sexual abuse. Programs offered at the facility include Literacy Remedial, Adult Basic Education and General Education Diploma, Chaplain Services, and Medical Services. Additionally, the prison offers on-the-job training for assigned details. On-the-Job training is provided in the following areas: 1) Sanitation, 2) Food Services, 3) Heavy Equipment Operator,4) Grounds Keeper, 5) Carpenter, 6) Library, 7) Water Waste Treatment Plant, 8) Maintenance. ---PAGE BREAK--- PREA Audit Report Page 24 of 162 Facility Name – double click to change In developing the staffing plan, the facility must consider the work-related mission of the facility. Details include contract and non-contract as well as in-house details. To meet the needs of the facility’s mission, the following staffing is available: • Security Staff including the following: 1) Warden 2) Deputy Warden (Security) 3) Chief of Security 4) Lieutenant 5) Sergeants 6) Correctional Officers (23) 7) Correctional Officers Part Time (07) • Administrative Staff 1) Administrative Clerk 2) Administrative Assistant 3) Business Manager 4) Account Paraprofessionals (03) 5) Warden Secretary 6) Operation Analyst 7) Property Supervisor 8) Clerk II 9) Property Supply Supervisor • Food Service Staff 1) Food Service Supervisors (02) • Education Staff 1) Vocational Instructor 2) Part-Time Teachers (02) • Counseling Staff 1) Chief Counselor 2) Counselor II • Contract Employees 1) Licensed Practical Nurse The staffing plan considers the physical layout of the facility. This facility is a small, compact, non- complicated facility housed in one building. ---PAGE BREAK--- PREA Audit Report Page 25 of 162 Facility Name – double click to change There are eight housing units. A Dorm, like the other dorms, is configured in an open bay arrangement, with offenders double-bunked. There are two cameras in the dorm. A roving correctional officer is assigned to cover more than one dorm. Two cameras are in the dorm. B Dorm houses 12 offenders, double-bunked, in an open bay dorm. There are two cameras in the Dorm. C Dorm houses 12 offenders, double-bunked, in an open bay dorm. There are two cameras in C Dorm. D Dorm houses 16 offenders, double-bunked, in an open bay dorm. There are two cameras in D Dorm. E Dorm houses 30 offenders, double-bunked, in an open bay dorm, There are two cameras in E Dorm. F Dorm houses 48 offenders, double-bunked, in an open bay dorm. G Dorm houses 22 offenders, double-bunked, in an open bay dorm. There are two cameras in G Dorm. H Dorm houses 10 offenders, double-bunked, in an open bay dorm. There are two cameras in H Dorm. This dorm is designated as a safe dorm. All these posts are non-gender specific. The Control Room is a priority one post and requires coverage 24/7. It is a highly restricted area and no inmates are allowed. The facility camera system is monitored in this area. There is one video camera inside the control room. Isolation/Segregation is a gender specific post checked at intervals not to exceed 30 minutes. The plan has documented consideration of all the items required by GDC Policy and the PREA Standards. Policy and Documents Reviewed: Jefferson County Correctional Institution; Facility Stratification Plan; Prison Staffing Plan, Facility Pre-Audit Questionnaire; Georgia Department of Corrections Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, A. Prevention Planning, Paragraph 3; Jefferson County Prison Stratification Plan; Reviewed Log Book pages documenting unannounced rounds; Georgia Department of Corrections SOP, 11A07-0012, Security Post Rotation/Security Rosters Interviews: Commissioner; Warden, PREA Compliance Manager/Deputy Warden of Security; Shift Supervisor; Agency PREA Coordinator (previous interview); Assistant Statewide PREA Coordinator (previous interview), Leader of Sexual Assault Response Team, 13 Randomly selected staff; 19 Specialized Staff; 26 Randomly selected offenders Inmates, Informally Interviewed inmates Policy and Document Review: The reviewed Georgia Department of Corrections Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, A. Prevention Planning, Paragraph 3, requires each facility to develop, document and make its best efforts to comply on a regular basis with the established staffing plan that provides for adequate levels of staffing, and, where applicable, video monitoring to protect inmates against sexual abuse. Facilities are also required to document and justify all deviations on the Daily Post Roster. Annually, the facility, in consultation with ---PAGE BREAK--- PREA Audit Report Page 26 of 162 Facility Name – double click to change the Department’s PREA Coordinator, assesses, determines and documents whether adjustments are needed to the established staffing plan and deployment of video monitoring systems. Additionally, policy requires unannounced rounds by supervisory staff with the intent of identifying and deterring sexual abuse and sexual harassment every week, including all shifts and of all areas. These rounds are documented in area logbooks and staff are prohibited from alerting other staff of the rounds. Duty Officers are required to conduct unannounced rounds and these rounds are required to be documented in the Duty Officer Log book. Shift rosters confirmed the minimum staffing required. All priority one posts were staffed as required without deviations. Logbook reviews were documented above. The minimum staffing for each shift, according to the Warden and PREA Compliance Manager is three on each shift. These include one staff in the control room, one staff roving between dorms and one staff, who will supervise segregation. The Warden and interviewed staff stated there are usually 4-5 on a shift. The staffing plan documented consideration of the inmate population and programs that are going on different shifts, the presence of video monitoring, and priority one (24/7) posts. The staffing plan and review is conducted by the Warden and PREA Compliance Manager and then, by either the Statewide PREA Coordinator, or Assistant Statewide PREA Coordinator. Discussion of Interviews: The Warden described the staffing levels at his facility and identified the priority 1 post that are covered 24/7. He described the actions that would be taken to ensure a priority one post is never deviated from. This included holding staff over, using split shift staff to cover a post, posting any extra supervisors on post, and calling in staff. Interviews with staff indicated the minimum staffing is almost always maintained and there are enough staff to supervise the inmates. Interviews indicated the minimum staffing is always maintained. Standard 115.14: Youthful inmates All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.14 ▪ Does the facility place all youthful inmates in housing units that separate them from sight, sound, and physical contact with any adult inmates through use of a shared dayroom or other common space, shower area, or sleeping quarters? (N/A if facility does not have youthful inmates [inmates <18 years old].) ☐ Yes ☐ No ☒ NA 115.14 ▪ In areas outside of housing units does the agency maintain sight and sound separation between youthful inmates and adult inmates? (N/A if facility does not have youthful inmates [inmates <18 years old].) ☐ Yes ☐ No ☒ NA ▪ In areas outside of housing units does the agency provide direct staff supervision when youthful inmates and adult inmates have sight, sound, or physical contact? (N/A if facility does not have youthful inmates [inmates <18 years old].) ☐ Yes ☐ No ☒ NA ---PAGE BREAK--- PREA Audit Report Page 27 of 162 Facility Name – double click to change 115.14 ▪ Does the agency make its best efforts to avoid placing youthful inmates in isolation to comply with this provision? (N/A if facility does not have youthful inmates [inmates <18 years old].) ☐ Yes ☐ No ☒ NA ▪ Does the agency, while complying with this provision, allow youthful inmates daily large-muscle exercise and legally required special education services, except in exigent circumstances? (N/A if facility does not have youthful inmates [inmates <18 years old].) ☐ Yes ☐ No ☒ NA ▪ Do youthful inmates have access to other programs and work opportunities to the extent possible? (N/A if facility does not have youthful inmates [inmates <18 years old].) ☐ Yes ☐ No ☒ NA Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Jefferson County Prison does not house youthful offenders. Male youthful offenders are housed by the Georgia Department of Corrections at the Burruss Correctional Training Center in GA. This was confirmed by reviewing the Burruss facility’s website (GDC), interviewing the Warden, Deputy Warden for Care and Treatment, and the Deputy Warden of Security. Policy and Documents Reviewed: Georgia Department of Corrections PREA Policy 208.06, Pre-Audit Questionnaire; Burruss Training Center webpage. Interviews: Warden; PREA Compliance Manager; 13 randomly selected staff; 19 specialized staff Policy Review: The Georgia Department of Corrections PREA Policy requires that youthful offenders are sight and sound separated from adults and that where youthful offenders are maintains they must be housed in a separate unit and have access to programs and exercise. When outside the unit, they must be sight and sound separate unless they are accompanied by and supervised by a correctional officer. ---PAGE BREAK--- PREA Audit Report Page 28 of 162 Facility Name – double click to change There are no youthful offenders assigned to this program. This was confirmed through the reviewed Pre-Audit Questionnaire, site review, reviewed inmate rosters, and interviews with staff. During the on- site audit the auditors did not observe any youthful offenders. Reviewed inmate files did not identify any youthful offenders. Discussion of Interviews: Interviews with the Warden; Deputy Wardens; Shift Supervisors; Medical Staff; and randomly and specialized staff confirmed there are no youthful offenders housed at this facility. Standard 115.15: Limits to cross-gender viewing and searches All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.15 ▪ Does the facility always refrain from conducting any cross-gender strip or cross-gender visual body cavity searches, except in exigent circumstances or by medical practitioners? ☒ Yes ☐ No 115.15 ▪ Does the facility always refrain from conducting cross-gender pat-down searches of female inmates in non-exigent circumstances? (N/A here for facilities with less than 50 inmates before August 20,2017.) ☒ Yes ☐ No ☐ NA ▪ Does the facility always refrain from restricting female inmates’ access to regularly available programming or other out-of-cell opportunities in order to comply with this provision? (N/A here for facilities with less than 50 inmates before August 20, 2017.) ☒ Yes ☐ No ☐ NA 115.15 ▪ Does the facility document all cross-gender strip searches and cross-gender visual body cavity searches? ☒ Yes ☐ No ▪ Does the facility document all cross-gender pat-down searches of female inmates? ☒ Yes ☐ No 115.15 ▪ Does the facility implement a policy and practice that enables inmates 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? ☒ Yes ☐ No ▪ Does the facility require staff of the opposite gender to announce their presence when entering an inmate housing unit? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 29 of 162 Facility Name – double click to change 115.15 ▪ Does the facility always refrain from searching or physically examining transgender or intersex inmates for the sole purpose of determining the inmate’s genital status? ☒ Yes ☐ No ▪ If an inmate’s genital status is unknown, does the facility determine genital status during conversations with the inmate, 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? ☒ Yes ☐ No 115.15 ▪ Does the facility/agency train security staff in how to conduct cross-gender pat down searches in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs? ☒ Yes ☐ No ▪ Does the facility/agency train security staff in how to conduct searches of transgender and intersex inmates in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Georgia Department of Corrections (GDC) and Jefferson County Prison prohibits cross gender strip searches or cross-gender visual body cavity searches, and cross gender pat searches of females except in exigent circumstances that are approved and documented or when performed by medical practitioners. If this should occur, documentation is required via a GDC Incident Report. This is confirmed through the reviewed policies, annual in-service training lesson plan, and interviews with both staff and inmates. In practice, interviews with staff and inmates confirmed that female staff do not conduct cross gender strip searches at this facility and 100% of the 26 interviewed offenders confirmed that male staff conduct strip searches and that male staff conduct pat searches. ---PAGE BREAK--- PREA Audit Report Page 30 of 162 Facility Name – double click to change The GDC Search Policy in 1.d requires that a strip search of females shall be conducted by female correctional officers while males shall be strip searched by male correctional officers, however in an emergency such as an escape, riot etc., the provision may be waived. GDC Policy does allow female staff, who have been trained in conducting cross-gender searches, to conduct pat searches of male inmates. The facility’s practice, consistent with GDC Standard Operating Procedure, 226.01, Searches, Security Inspections, and Use of Permanent Logs, I.2, however practice is that if a male staff is available to conduct the pat search, the male conducts it. Staff reportedly received training in conducting cross-gender pat searches during BCOT and Annual In-Service Training. Additionally, the facility provided the auditor with a training roster documenting 24 staff trained in cross-gender pat searches at the facility. A memo directing the local training in cross-gender pat searches affirms that cross-gender pat searches for female staff are to be conducted when a circumstance arises and there are no male officers available. This is an all-male facility however GDC Policy requires that the requirement for prohibiting cross gender pat searches of females will not restrict female offender’s access to regularly available programming or other out-of-cell opportunities in order to comply with those provisions. This provision in the Standards is not applicable to this male facility. GDC policy and practice at Jefferson County Prison requires that inmates can 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. Offenders showers typically consists of two-man showers with curtains in between them serving as a staff and in front to provide privacy. 100% of the interviewed offenders stated they are never naked in full view of staff. GDC policy requires staff of the opposite gender to announce their presence when entering the housing units. Female staff who are working the unit will announce once after taking the shift over however other female’s coming into the unit must announce. The facility also requires the inmates to announce anytime the Warden, Deputy, or other administrative level staff enter the dorms as well. Signs are also posted in each pod, explaining that female staff typically work in the pod. The sign does not negate the requirement to announce their presence and they indicated they do announce their presence. Twenty- Five of Twenty-Six interviewed offenders stated that female staff announce their presence when entering the dorm and consistently their announcement is, “female on deck”. One offender said some announce and some don’t. Policy requires that the facility refrain from searching or physically examining transgender or intersex inmates for the sole purpose of determining the inmate’s genital status and If an inmate’s genital status is unknown, the facility may determine genital status during conversations with the inmate, 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. The policy does not limit searches of offenders to ensure the safe and orderly running of the institution. 100% of the interviewed staff affirmed they would not be allowed to search a transgender or intersex inmate for the sole purpose of determining the resident’s genital status. They indicated essentially that they would ask them or have medical make that determination. None of the interviewed transgender offenders reported that they were searched for the sole purpose of determining their genital status. Agency policy requires and the facility trains staff to conduct cross gender pat down searches in a professional and respectful manner. Staff related they receive this training at Basic Correctional ---PAGE BREAK--- PREA Audit Report Page 31 of 162 Facility Name – double click to change Officers Training (BCOT). BCOT is the training that results in successful candidates becoming certified as a Correctional Officer by the Peace Officers Standards Training Committee. Staff indicated they also get the training in annual in-service training and, at times, during shift briefings. GDC Policy 208.6 and Standard Operating Procedure, 226.01, Searches requires this as well. GDC Policy 226.01, Searches, requires the Department to train security staff to conduct cross-gender pat searches and searches of transgender and intersex inmates in a professional and respectful manner and in the least intrusive manner possible, consistent with security needs. The reviewed in- service PREA training curriculum informs staff about searching transgender and intersex inmates in a professional and respectful manner. GDC staff are required to take the National Institute of Corrections on-line training, Communicating Effectively and Professionally with LGBTI Offenders. The auditor reviewed 20 sampled certificates documenting the National Institute of Corrections On-Line Training, Communicating Effectively and Professionally with LGBTI Offender and observed certificates documenting that training in personnel files while reviewing background checks. All the interviewed staff stated they took the on-line National Institute of Corrections Training, “Communicating Effectively and Professionally with LGBTI Offenders”. Policies and Documents Reviewed: Georgia Department of Corrections (GDC) Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program; GDC Policy 226.01, Searches, 1.d; Training Module for In-Service Training for 2018; Pre-Audit Questionnaire; Reports from the PREA Analyst; SOP 11B-01-0013, Searches; Memo from the Warden instructing shift supervisors to train staff; Training Rosters documenting the training Interviews: 13 Randomly selected staff, 19 Specialized Staff; 26 inmates Policy and Documents Review: Department of Corrections (DOC) Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program and GDC Policy 226.01, Searches, prohibits cross-gender strip or visual body cavity searches except in exigent circumstances or when performed by medical practitioners. GDC Policy 226.01, Searches, 1.d., requires that strip search of females will be conducted by female correctional officers and that males will be strip searched by male correctional officers absent exigent circumstances (escapes, riot, etc.) and only if a same gender officer is not available. Cross gender searches in exigent circumstances are required to be conducted with dignity and professionalism. Search policy requires in the event of exigent circumstances searches of the opposite gender conducted under exigent circumstances must be documented on an incident report. The reviewed Pre-Audit Questionnaire and interviews with staff and inmates confirmed that there have been no cross-gender strip or body cavity searches during the past twelve months. All the interviewed staff confirmed that female staff are prohibited from conducting cross-gender strip or body cavity searches unless there were exigent circumstances that are documented. Paragraph 2. Frisk or Pat Search requires the pat search will be conducted, when possible, by an officer of the same sex. However, male offenders may be frisk or pat searched by both male and female security staff. Instructions for conducting pat searches, including using the back of the hand and edge of the hand are provided during search training. Although there are no females at this facility, policy prohibits male staff from conducting pat searches of female inmates absent exigent circumstances that are documented ---PAGE BREAK--- PREA Audit Report Page 32 of 162 Facility Name – double click to change The auditor reviewed the training module for in-service training. That training reaffirmed the verbiage in policy. Multiple pages of training rosters documenting Day 1 In-Service were provided for review. Staff also affirmed, in their interviews, that they have been trained in how to conduct a proper pat search of offenders, to include transgender and intersex offenders. Staff were asked to demonstrate the technique they were taught, and staff demonstrated how they would use the back of their hands to avoid an allegation of groping the inmate. They referred to the back of their hands as the “blade: which is the term used in the training. Policy prohibits staff from searching a transgender inmate for the sole purpose of determining the inmate’s genital status. Staff are also required by policy to search transgender and intersex inmates in a professional and respectful manner. 100% of the interviewed staff confirmed they would not and would not be allowed to search a transgender or intersex offender for the sole purpose of determining the offender’s genital status. SOP, 11B01-0013, Searches, again reiterates that males strip search males except in exigent circumstances and even then, only if same sex officers aren’t available. It also affirms the expectation that pat searches, when possible, are conducted by same sex staff. Cross gender strip searches, should they be done in an exigent circumstance, are required to be documented on an incident report. GDC requires facilities to implement procedures enabling inmates 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. Policy requires that inmates should shower, perform bodily functions and change clothing in designated areas. Observations of the showers in every dormitory confirmed that offenders have privacy while showering. Toilets are in the cells except in the open bay dorms. Showers there have curtains and toilets are separated by half wall stalls. Interviews with staff and 26 offenders confirmed inmates can shower, perform bodily functions and change clothing without being viewed by staff. Interviews with 26 inmates, informally, also confirmed privacy while showering, using the restroom, and changing clothes. They also affirmed males do the strip searches and male staff conduct pat searches. An additional measure required by policy is for staff of the opposite gender to announce their presence when entering an inmate housing unit. Signs are prominently posted in each pod informing inmates that female staff typically work in the pod. Interviewed staff, randomly selected as well as specialized staff, affirmed that staff consistently announce their presence before entering the housing area. Almost 100% of the interviewed inmates asserted that female staff announce their presence when entering the housing units. 100% of the staff said female staff announce their presence when entering the dorms. Discussion of Interviews: Interviewed staff affirmed they are prohibited from conducting cross-gender strip searches except in dire emergencies and then only if a male staff is not available. They also stated they have been trained to conduct cross-gender pat searches and that female officers can conduct pat searches of male offenders; however, this would be only when a male staff is not available. They indicated they are trained to conduct cross-gender pat searches and searches of offenders in professional and respectful manner. They confirmed that search training, including cross gender pat searches and searches of transgender and intersex inmates in a professional and respectful manner is taught during Basic Correctional Officers Training, during in-service training and in a recent “in-house” ---PAGE BREAK--- PREA Audit Report Page 33 of 162 Facility Name – double click to change training. Staff also stated they have been trained to search a transgender and intersex inmate in a professional and respectful manner. The reviewed training module for Annual In-Service, reminds staff that security staff must conduct searches in a professional and respectful manner and in the least intrusive manner possible, consistent with security needs. Staff are instructed that female staff may conduct strip and body cavity searches of male inmates only in exigent circumstances that are documented on an incident report. Staff indicated, in their interviews, that staff of the opposite gender consistently announce their presence saying things like “female on deck”. Most of the interviewed inmates affirmed female staff not working in the unit announce their presence when entering the dormitory. Female staff were also observed making their announcement. Interviews with 26 inmates confirmed that female staff do not see them naked in full view while using the restroom and while showering. Inmates said they are never naked in full view of staff while changing clothes, showering or using the restroom. 100% of the interviewed inmates asserted that male staff conduct the strip searches and that females do not conduct pat searches at this facility. 100% of the interviewed inmates asserted they have privacy while showering. Standard 115.16: Inmates with disabilities and inmates who are limited English proficient All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.16 ▪ Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment, including: inmates who are deaf or hard of hearing? ☒ Yes ☐ No ▪ Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment, including: inmates who are blind or have low vision? ☒ Yes ☐ No ▪ Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment, including: inmates who have intellectual disabilities? ☒ Yes ☐ No ▪ Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment, including: inmates who have disabilities? ☒ Yes ☐ No ▪ Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, ---PAGE BREAK--- PREA Audit Report Page 34 of 162 Facility Name – double click to change and respond to sexual abuse and sexual harassment, including: inmates who have speech disabilities? ☒ Yes ☐ No ▪ Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment, including: Other (if "other," please explain in overall determination notes)? ☒ Yes ☐ No ▪ Do such steps include, when necessary, ensuring effective communication with inmates who are deaf or hard of hearing? ☒ Yes ☐ No ▪ Do such steps include, when necessary, providing access to interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary? ☒ Yes ☐ No ▪ Does the agency ensure that written materials are provided in formats or through methods that ensure effective communication with inmates with disabilities including inmates who: Have intellectual disabilities? ☒ Yes ☐ No ▪ Does the agency ensure that written materials are provided in formats or through methods that ensure effective communication with inmates with disabilities including inmates who: Have limited reading skills? ☒ Yes ☐ No ▪ Does the agency ensure that written materials are provided in formats or through methods that ensure effective communication with inmates with disabilities including inmates who: Are blind or have low vision? ☒ Yes ☐ No 115.16 ▪ Does the agency take reasonable steps to ensure meaningful access to all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment to inmates who are limited English proficient? ☒ Yes ☐ No ▪ Do these steps include providing interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary? ☒ Yes ☐ No 115.16 ▪ Does the agency always refrain from relying on inmate interpreters, inmate readers, or other types of inmate assistance except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the inmate’s safety, the performance of first- response duties under §115.64, or the investigation of the inmate’s allegations? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ---PAGE BREAK--- PREA Audit Report Page 35 of 162 Facility Name – double click to change ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. This facility is a work-related facility housing offenders who work on outside and inside work details. The Work Release Unit houses inmates who are ready to work on “real jobs” in the community for which they are paid wages enabling them to save money during their transition back into the community. The agency and the facility appear to be committed to ensuring inmates with disabilities, including inmates who are deaf/hard of hearing, blind or low vision, intellectually disabled, disabled or speech disabled have access to interpretive services that are provided expeditiously through professional interpretive services. They also appear to be committed to ensuring inmates with limited English proficiency have access to interpretive services. These interpretive services may be accessible through a variety of statewide contracts that can be accessed by each GDC facility. Language Line Solutions, GDC Approved Bi- Lingual Staff, PREA Brochures in Spanish, Mental Health Counselors, GED and Literacy Remedial Instructors at the facility, and closed caption PREA Video are provided in an effort to ensure all inmates have access to and the ability to participate in the agency’s efforts at prevention, detection, responding and reporting sexual abuse and sexual harassment. GDC Standard Operating Procedure, 103.63, Americans with Disabilities Act (ADA), Title II Provisions, in a 20-page policy, addresses how the agency makes available interpretive services to disabled, challenged, and limited English proficient inmates. The agency (GDC) has an Americans with Disabilities Coordinator who is responsible for overseeing and coordinating the agency’s efforts to comply with the ADA requirements. The Coordinator works in direct collaboration with the State ADA Coordinator’s Office and serves as an invaluable resource when a facility needs any type of interpretive service to ensure an inmate can fully participate in the agency and facility’s prevention, detection, response and reporting program for sexual assault, sexual harassment and retaliation. Her position on the organizational chart is described as ADA/LEP (Limited English Proficiency) Coordinator. In addition to making staff aware of the statewide contracts for interpretive services, the ADA Coordinator is available to facilitate, for facilities, access to interpretive services. During a recent audit, a deaf inmate was selected to be interviewed. Requiring an interpreter who could “sign” the facility contacted the ADA Coordinator, who quickly arranged for a video interpreter and through the interpreter using American Sign Language, the inmate responded to all the questions asked by the auditor. ---PAGE BREAK--- PREA Audit Report Page 36 of 162 Facility Name – double click to change During the audit of another Georgia Department of Corrections Facility, the auditor learned of two inmates who reportedly were limited English proficient. One offender was from Belarus and the other from Poland. The auditor conducted a brief interview with the offender from Belarus who spoke English proficiently. When asked where he learned to speak English so well, he said he got a good public education in Belarus. The offender from Poland was unable to participate in the interview because he did not understand English or indicated he did not understand. The counselor who conducted his orientation stated that when she conducted the orientation, he spoke English. The auditor asked the facility Health Services Administrator to contact Language Line for interpretive services. The inmate indicated he understood PREA and knew how to report sexual abuse or sexual harassment if it happened to him. He also indicated to the interpreter that he was able to communicate with the offender from Belarus. Contacting Language Line was easy to accomplish, and it was accomplished expeditiously. The facility has a contract with Language Line for telephone and video interpretive services for offenders who are hearing impaired, visually impaired or limited English proficient. Language Line posters were observed throughout the facility. The State of Georgia has multiple statewide contracts for interpretive services. Interpreters on state contract must meet the professional qualifications required by the contract. The ADA Coordinator has required each facility to designate an ADA Coordinator who can facilitate and expedite contact with the Statewide ADA Coordinator in securing interpretive services and work with her on any issues related to disabled inmate accommodations. GDC Standard Operating Procedure 103.63, American’s with Disabilities Act, B.2, indicates that inmates entering a Diagnostic Facility (Georgia Diagnostic State Prison and Coastal State Prison), will have an initial medical screening to determine any needs for immediate intervention. Efforts are made at the diagnostic facility to identify offenders who may be qualified individuals under the ADA. Additionally, a mental health screening and evaluation is conducted at a GDC Diagnostic Facility to determine the level of care needs. Policy requires that during the intake and diagnostic process, staff, including security, education, medical, mental health, parole and classification will ask offenders with hearing/visual disabilities their preferred way of communication during the first interaction in the intake/diagnostic process. That determination will prompt the intake/diagnostic staff to secure a Qualified Interpreter or use the Video Remote Interpreting for those with hearing impairments, a reader or other assistive technology, for those with visual impairments, or other specified preferred ways of effective communication. The preferred way of communication will be use throughout the intake/diagnostic process and this information will be documented in the Department’s Database. When required, the ADA Coordinator will order live American Sign Language interpreting services. Policy requires the sending diagnostic facility to contact the receiving facility to ensure that necessary equipment or auxiliary aids are available, including “qualified interpreters”. Qualified interpreters are defined as someone who can interpret effectively, accurately, and impartially, both receptively (understanding what the person with the disability is saying) and expressively (having the skill to convey the information back to the person) using any necessary specialized vocabulary. In that same SOP, F. Effective Communication, paragraph a, requires that offenders with hearing and/or speech disabilities and offenders who wish to communicate with others who have disabilities will be provided access to a Telecommunications Device for the Deaf (TDD) or comparable equipment on ---PAGE BREAK--- PREA Audit Report Page 37 of 162 Facility Name – double click to change the housing units. Public phones are required to have volume control for inmates with hearing impairments. Auxiliary aids that include the following will be provided as a reasonable accommodation to offenders who qualify under ADA: Qualified Interpreters on site or through video remote interpreting services, note takers, real-time computer aided transcription services, written materials, exchange of written notes, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, voice, text, and video-based telecommunications, including text telephones (TTY), video phones, and closed caption phones or equally effective telecommunication devices. The Prison also has an agreement with Language Line Solutions to provide interpretation services. Language Line can provide interpretation services over the phone, video remote and through on-site interpreting. Contract services, it affirms, also includes American Sign Language. The facility also has PREA documentation available for inmates and is in English and Spanish format. If interpretation is needed for any other language, the contracted translation service provided by Language Line include documentation translation. A GED Teacher and staff are available to ensure that inmates with limited educational skills receive and understand how to access all the aspects of PREA, including prevention, detection, responding and reporting. Staff would read the PREA information to the inmate upon admission and additionally, PREA Education is provided through the PREA Video and orally to clarify any issues. Policies and Documents Reviewed: Georgia Department of Corrections Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, A. Prevention Planning, Paragraph 6; GDC Standard Operating Procedures, 101.63, Americans with Disabilities Act (ADA), Title II Provisions; Contract with Language Line Solutions; and PREA Brochures in English and Spanish; Instructions for Accessing Language Line; Georgia Department of Administrative Services Statewide Contracts for Provision of American Sign Language for Hearing; Agency Disability Report provided by the PREA Analyst; Contract with Language Line for interpretive services Interviews: Warden; PREA Compliance Manager; Georgia Department of Corrections ADA Coordinator in a previous interview; Education Staff; Intake and Orientation Staff; Randomly selected staff (13); Specialized Staff (19); Randomly Selected and Targeted Inmates Observations: Posting of PREA Brochures in English and Spanish Policy and Document Review: Department of Corrections Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, A. Prevention Planning, Paragraph 6, Inmates with disabilities and inmates who are limited English proficient, requires the local PREA Compliance Manager ensure that appropriate resources are made available to ensure the facility is providing effective communication accommodations when a need for such an accommodation is known. It also prohibits the facility from relying on inmate interpreters, readers or other types of inmate assistants except in exigent circumstances where an extended delay in obtaining an effective interpreter could compromise the inmate’s safety, the performance of first response duties or the investigation of the inmate’s allegation. ---PAGE BREAK--- PREA Audit Report Page 38 of 162 Facility Name – double click to change The facility has access to Language Line Solutions via a contract/agreement to provide interpretive services for disabled and limited English proficient inmates in making an allegation of sexual abuse. The GDC provided Statewide Contracts (Georgia Department of Administrative Services) that provide access to interpreters for American Sign Language. Instructions for accessing these services are included. In addition to Language Line Solutions, these include AdAstra, Lionbridge, and AllWorld Language Consultants. The auditor reviewed the PREA Brochures in both Spanish and English. The PREA Video is also available in Spanish and in closed caption. Georgia Department of Corrections facilities have a valuable resource when needing to access interpretive services. The agency ADA Coordinator has communicated information on how to access interpretive services via statewide contracts and when there is a need to secure an interpreter expeditiously, staff contact the ADA Coordinator who can expedite those services. While the ADA Coordinator is not responsible for county facilities, she would be available to suggest how the facilities might access any services not available to them through the statewide contracts. Each facility has an ADA Compliance Staff who can facilitate contact with the Statewide Coordinator in securing interpretive services. The facility has GED teachers/Literacy Remedial teachers who can assist any literacy or cognitively challenged inmates in understanding the PREA information and how to report. Counselors can assist inmates with mental health issues. Language Line Solutions is available to staff working with limited English proficient offenders. American Sign Language is available on-site through a contract with Language Line Solutions including via video with a Language Line staff who is qualified in American Sign Language. The ADA Coordinator is ensuring that a local ADA Coordinator is being designated in each facility to be responsible for assisting with any ADA issue, including an inmate who is challenged by a disability that might interfere with his/her ability to participate in the agency’s sexual abuse prevention efforts. Discussion of Interviews: The auditor conducted a previous telephone interview with the Agency ADA Coordinator. According to the Coordinator if the facility had a limited English proficient inmate needing translation services the facility has access to Language Line and if on-site interpreters were needed, she would arrange that. She also affirmed the availability of translators or interpreters for the hearing impaired via statewide contracts and indicated she would, if called, make the contacts to provide signing and any other translation services needed. When asked about the PREA Video being available in Spanish and with either closed caption or with a “signer” in the lower portion of the video, she indicated the agency has a contract for that video to be “redone’ to provide the translations. The agency does have the PREA Video with closed caption. Interviews with staff indicated that most of the staff would not rely on an inmate to translate for another inmate in making a report of sexual abuse or sexual harassment absent and emergency or exigent circumstance. Standard 115.17: Hiring and promotion decisions All Yes/No Questions Must Be Answered by the Auditor to Complete the Report ---PAGE BREAK--- PREA Audit Report Page 39 of 162 Facility Name – double click to change 115.17 ▪ Does the agency prohibit the hiring or promotion of anyone who may have contact with inmates who has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997)? ☒ Yes ☐ No ▪ Does the agency prohibit the hiring or promotion of anyone who may have contact with inmates who 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? ☒ Yes ☐ No ▪ Does the agency prohibit the hiring or promotion of anyone who may have contact with inmates who has been civilly or administratively adjudicated to have engaged in the activity described in the question immediately above? ☒ Yes ☐ No ▪ Does the agency prohibit the enlistment of services of any contractor who may have contact with inmates who has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997)? ☒ Yes ☐ No ▪ Does the agency prohibit the enlistment of services of any contractor who may have contact with inmates who 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? ☒ Yes ☐ No ▪ Does the agency prohibit the enlistment of services of any contractor who may have contact with inmates who has been civilly or administratively adjudicated to have engaged in the activity described in the question immediately above? ☒ Yes ☐ No 115.17 ▪ Does the agency 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? ☒ Yes ☐ No 115.17 ▪ Before hiring new employees, who may have contact with inmates, does the agency: perform a criminal background records check? ☒ Yes ☐ No ▪ Before hiring new employees, who may have contact with inmates, does the agency: consistent with Federal, State, and local law, make its best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of an allegation of sexual abuse? ☒ Yes ☐ No 115.17 ---PAGE BREAK--- PREA Audit Report Page 40 of 162 Facility Name – double click to change ▪ Does the agency perform a criminal background records check before enlisting the services of any contractor who may have contact with inmates? ☒ Yes ☐ No 115.17 ▪ Does the agency either conduct criminal background records checks at least every five years of current employees and contractors who may have contact with inmates or have in place a system for otherwise capturing such information for current employees? ☒ Yes ☐ No 115.17 ▪ Does the agency ask all applicants and employees who may have contact with inmates directly about previous misconduct described in paragraph of this section in written applications or interviews for hiring or promotions? ☒ Yes ☐ No ▪ Does the agency ask all applicants and employees who may have contact with inmates directly about previous misconduct described in paragraph of this section in any interviews or written self-evaluations conducted as part of reviews of current employees? ☒ Yes ☐ No ▪ Does the agency impose upon employees a continuing affirmative duty to disclose any such misconduct? ☒ Yes ☐ No 115.17 ▪ Does the agency consider material omissions regarding such misconduct, or the provision of materially false information, grounds for termination? ☒ Yes ☐ No 115.17 ▪ Does the agency provide information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an institutional employer for whom such employee has applied to work? (N/A if providing information on substantiated allegations of sexual abuse or sexual harassment involving a former employee is prohibited by law.) ☒ Yes ☐ No ☐ NA Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative ---PAGE BREAK--- PREA Audit Report Page 41 of 162 Facility Name – double click to change The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Georgia Department of Corrections, as required in policy, prohibits the hiring or promotion of anyone and enlisting the services of any contractor who may have contact with inmates who has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997; who has who 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; and the hiring or promotion of anyone who may have contact with inmates who has been civilly or administratively adjudicated to have engaged in the same activity. The Department considers any incidents of Sexual Harassment in determining whether to hire or promote anyone who may have contact with offenders. Policy requires every employee, as a continuing affirmative duty to disclose any such misconduct. Georgia Department of Corrections requires the following regarding the hiring and promotion process: 1) Applicants responding to the PREA related questions asked of all applicants and documented on the Employment Verification Form; 2) Correctional applicants must pass a background check consisting of fingerprint checks, a check of the Georgia Crime Information Center and the National Crime Information Center; 3) Correctional Staff must pass an annual background check prior to going to the firing range annually to maintain their Peace Officers Standards Training Certification (POST); all other staff must pass a background check consisting of the GCIC and NCIC annually. Material omissions regarding misconduct or providing materially false information will not be grounds for termination. Policy also requires before hiring new employees, who may have contact with inmates, the agency performs a thorough criminal background records check. These checks include a check of the Georgia Crime Information Center and the National Crime Information Center, as well as an initial fingerprint check for all security positions. Additionally, unless prohibited by law, the Department will provide information on Substantiated Allegations of sexual abuse or Sexual Harassment involving a former employee upon receiving a request from an institutional employer for whom such employee has applied to work. GDC Complies with the Federal Privacy Act and Freedom of Information Act, and all other applicable laws, rules and regulations. Newly Hired Staff require the following: • Applicant Verification Form asking the PREA questions (Prohibitions) • Professional Reference Checks as applicable • Background Check including the Georgia Crime Information Center and the National Crime Information Center • Finger Prints Promotions – Prior to promotions staff must have the following: ---PAGE BREAK--- PREA Audit Report Page 42 of 162 Facility Name – double click to change • Applicant Verification Form asking the three PREA related questions • Criminal Background Check of the Georgia Crime Information Center and the National Crime Information Center Uniform Staff – • Annual background check and driver’s license check, prior to going to the firing range; a requirement to maintain the officer’s Peace Officer Standards Training Certification Non-Uniformed Staff- • GDC Policy requires non-uniform staff to undergo a background check every five years Volunteers – • Training for volunteers is controlled by the State Office Volunteer Coordinator’s Office • Background checks are conducted at the State Office, prior to a volunteer being admitted to training • Once a successful background check and the required PREA and other training provided, the State Office or the Regional Office issue a badge for the volunteer. The badge, according to the State Volunteer Coordinator confirms the volunteer has completed training and passed his/her background check and may be authorized entry into the facility. If the badge has expired, the Coordinator, advised the volunteer must undergo the training again. The facility has 35 allocated positions. The auditor reviewed 19 files. These included three newly hired staff, twelve regular staff, and one promoted staff, along with one volunteer file. 100% of the files contained documented applicant verification forms, documenting the PREA Prohibitions, background checks, professional reference checks when applicable, acknowledgments of understanding the code of ethics/conduct, and PREA Acknowledgment Statements. All security/uniformed staff undergo a background check annually as a requirement to maintain their Peace Officers Standards Training Certification. Policy and Documents Review: Department of Corrections Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, A. Prevention Planning, Paragraph 7, Hiring and Promotion Decisions; GDC Standard Operating Procedures 104.09, Filling a Vacancy; GDC Applicant Verification form; Form SOP IV00312, Attachment to a Criminal Background Check and a Driver History Consent; “Georgia Department of Corrections, Professional Reference Check, IV003- 0001, Attachment 5; Georgia Department of Corrections Policy, Reviewed Applicant Verification Forms; Reviewed Background checks/ Personnel Records for (03) newly hired employees; (01) Promoted Staff; (12) Regular Staff, Uniform and Non-Uniform; (01) Contractor; (01) Volunteer Interviews: Warden; PREA Compliance Manager; (13) Randomly Selected Staff; Two Contractors; Two Volunteers Policy Review: Department of Corrections Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, A. Prevention Planning, Paragraph 7, Hiring and Promotion Decisions, complies with the PREA Standards. GDC does not hire or promote anyone or contract for services with anyone who may have contact with inmates who has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility or other institution defined ---PAGE BREAK--- PREA Audit Report Page 43 of 162 Facility Name – double click to change in 42USC 1997; who 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; of who has been civilly or administratively adjudicated to have engaged in the activity described in the above. Too, policy requires the Department to consider incidents of sexual harassment in determining whether to hire or promote anyone, or to enlist the services of any contactor who may have contact with inmates. Prior to hiring someone, the PREA Questions, asking prospective applicants the three PREA Questions, is required. GDC Policy 104.09, Filling a Vacancy, Paragraph I. Hiring and Promotion, 3. Requires that before hiring anyone who may have contact with offenders, GDC will perform a criminal background check and consistent with Federal, State, and local law, make its best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of any allegation of sexual abuse. Verification of that check must be documented on the GDC Professional Reference Check. Criminal History Record Checks are conducted on all employees prior to hire and every 5 years. Custody staff must qualify with their weapons annually and prior to that annual qualification another background check is conducted. Criminal History Record Checks are conducted prior to enlisting the services of any contractor who may have contact with inmates. Staff also have an affirmative duty to report and disclose any such misconduct. GDC Policy 208.06 requires in Paragraph e. that material omissions regarding misconduct or the provision of materially false information will be grounds for termination. The agency’s PREA Coordinator requested, as a best practice, that the facilities conduct annual background checks of all employees to ensure that a five-year check did not fall through the cracks. As part of the interview process potential employees and employees being promoted are asked about any prior histories that may have involved PREA related issues prior to hire and approval to provide services. Human Resources staff related that the PREA Questions are given to applicants and required to be completed. GDC requires applicants to disclose any disciplinary history involving substantiated allegations of sexual abuse and goes on to tell the applicant that GDC requires supporting documentation must be obtained prior to the applicant being hired. Failure to disclose (omissions) that are material will result in the applicant not being considered. The GDC requires that all corrections staff have an annual background check prior to going to the firing range, which is a requirement for corrections staff to maintain their certification as Correctional Officers through the Peace Officer’s Standards Training council. Non-Uniformed staff are required to have a background check every five years, however the Warden and Human Resources Manager have determined that it is easier to background all employees annually than to try to keep up with all the different dates five-year checks would be due. GDC policy requires applicants to disclose any disciplinary history involving substantiated allegations of sexual abuse GDC Policy 208.06, Paragraph d, requires that unless prohibited by law, the Department will provide information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an institutional employer for whom such employee has applied to work. The Department complies with the Federal Privacy Act and Freedom of Information Act, and all ---PAGE BREAK--- PREA Audit Report Page 44 of 162 Facility Name – double click to change other applicable laws, rules and regulations. A memo from the Warden affirmed that that information would be made available to potential employers. If the employee violates an agency policy related to PREA, the employee will be subject to termination and prosecution. Discussion of Interviews: The Deputy Warden of Security/PREA Compliance Manager serves as the human resource staff for the facility and is responsible for ensuring background checks are conducted in compliance with GDC Policy. He described the hiring process that include applicants completing the Applicant Verification Form affirming they have not been involved in those PREA related issues on the form, and background check through the GCIC and NCIC. If the applicant worked in another facility or institution, a professional reference check is required. He confirmed that uniform staff have background checks annually prior to going to the firing range to maintain their certification as peace officers. Standard 115.18: Upgrades to facilities and technologies All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.18 ▪ If the agency designed or acquired any new facility or planned any substantial expansion or modification of existing facilities, did the agency consider the effect of the design, acquisition, expansion, or modification upon the agency’s ability to protect inmates from sexual abuse? (N/A if agency/facility has not acquired a new facility or made a substantial expansion to existing facilities since August 20, 2012, or since the last PREA audit, whichever is later.) ☐ Yes ☐ No ☒ NA 115.18 ▪ If the agency installed or updated a video monitoring system, electronic surveillance system, or other monitoring technology, did the agency consider how such technology may enhance the agency’s ability to protect inmates from sexual abuse? (N/A if agency/facility has not installed or updated a video monitoring system, electronic surveillance system, or other monitoring technology since August 20, 2012, or since the last PREA audit, whichever is later.) ☐ Yes ☐ No ☒ NA Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative ---PAGE BREAK--- PREA Audit Report Page 45 of 162 Facility Name – double click to change The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The facility has not had any expansions or modifications to the facility since the last PREA Audit nor has the facility added any cameras or upgraded the video camera system since the last PREA Audit. The Warden and Deputy Warden indicated, in their interviews, that they would be considering how the modifications and/or upgrades would assist in keeping inmates safe. Policy and Documents Reviewed: Pre-Audit Questionnaire; Department of Corrections Policy 208.6, Prisons Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, A, Prevention Planning, Paragraph 8; Interviews: Warden, Deputy Warden, PREA Compliance Manager Observations: None that were applicable to this standard. Policy Review: Department of Corrections Policy 208.6, Prisons Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, A, Prevention Planning, Paragraph 8, requires all new or existing facility designs and modifications and upgrades of technology will include consideration of how it could enhance the Department’s ability to protect inmates against sexual abuse. The PREA Coordinator must be consulted in the planning process. Discussion of Interviews: An interview with the Warden, Deputy Warden and the PREA Compliance Manager confirmed that there have been no modifications or additions to the physical plant nor have there been any additional cameras added nor have there been upgrades to the system since the last PREA Audit. RESPONSIVE PLANNING Standard 115.21: Evidence protocol and forensic medical examinations All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.21 ▪ If the agency is responsible for investigating allegations of sexual abuse, does the agency follow a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions? (N/A if the agency/facility is not responsible for conducting any form of criminal OR administrative sexual abuse investigations.) ☒ Yes ☐ No ☐ NA 115.21 ---PAGE BREAK--- PREA Audit Report Page 46 of 162 Facility Name – double click to change ▪ Is this protocol developmentally appropriate for youth where applicable? (N/A if the agency/facility is not responsible for conducting any form of criminal OR administrative sexual abuse investigations.) ☒ Yes ☐ No ☐ NA ▪ Is this protocol, as appropriate, adapted from or otherwise based on the most recent edition of the U.S. Department of Justice’s Office on Violence Against Women publication, “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” or similarly comprehensive and authoritative protocols developed after 2011? (N/A if the agency/facility is not responsible for conducting any form of criminal OR administrative sexual abuse investigations.) ☒ Yes ☐ No ☐ NA 115.21 ▪ Does the agency offer all victims of sexual abuse access to forensic medical examinations, whether on-site or at an outside facility, without financial cost, where evidentiarily or medically appropriate? ☒ Yes ☐ No ▪ Are such examinations performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs) where possible? ☒ Yes ☐ No ▪ If SAFEs or SANEs cannot be made available, is the examination performed by other qualified medical practitioners (they must have been specifically trained to conduct sexual assault forensic exams)? ☒ Yes ☐ No ▪ Has the agency documented its efforts to provide SAFEs or SANEs? ☒ Yes ☐ No 115.21 ▪ Does the agency attempt to make available to the victim a victim advocate from a rape crisis center? ☒ Yes ☐ No ▪ If a rape crisis center is not available to provide victim advocate services, does the agency make available to provide these services a qualified staff member from a community-based organization, or a qualified agency staff member? ☒ Yes ☐ No ▪ Has the agency documented its efforts to secure services from rape crisis centers? ☒ Yes ☐ No 115.21 ▪ As requested by the victim, does the victim advocate, qualified agency staff member, or qualified community-based organization staff member accompany and support the victim through the forensic medical examination process and investigatory interviews? ☒ Yes ☐ No ▪ As requested by the victim, does this person provide emotional support, crisis intervention, information, and referrals? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 47 of 162 Facility Name – double click to change 115.21 ▪ If the agency itself is not responsible for investigating allegations of sexual abuse, has the agency requested that the investigating entity follow the requirements of paragraphs through of this section? (N/A if the agency/facility is responsible for conducting criminal AND administrative sexual abuse investigations.) ☐ Yes ☐ No ☒ NA 115.21 ▪ Auditor is not required to audit this provision. 115.21 ▪ If the agency uses a qualified agency staff member or a qualified community-based staff member for the purposes of this section, has the individual been screened for appropriateness to serve in this role and received education concerning sexual assault and forensic examination issues in general? [N/A if agency attempts to make a victim advocate from a rape crisis center available to victims per 115.21(d) above.] ☒ Yes ☐ No ☐ NA Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The facility has not had an allegation of sexual assault in the past 12 months, and according to the administration, has not had one since the beginning of the PREA Standards. Reviewed PREA Reports and interviews with staff confirmed there were no allegations in the past 12 months. The Georgia Department of Corrections, Office of Professional Standards Investigators (Special Agents) conduct investigations of allegations that appear to be criminal in nature for the Department. These investigators undergo extensive training in conducting investigations and are empowered to arrest staff or inmates. Office of Professional Standards Investigators and Office of Professional Standards Special Agents attend a police academy in addition to any departmental training they receive. In addition to the eleven (11) weeks of police academy training, Special Agents attend another 13 weeks or more investigation training at the Georgia Bureau of Investigations Academy. An interview a Special Agent, confirmed that they attend11 weeks of Basic Mandate Training at a Police Academy. Training includes basic law enforcement. They also attend 11-13 weeks at the Georgia Bureau of ---PAGE BREAK--- PREA Audit Report Page 48 of 162 Facility Name – double click to change Investigations Academy where they are trained in the investigation process, crime scene preservation, interviewing victims of sexual abuse, intelligence technology, and other investigative courses. He also related Special Agents attend a three-day class related to PREA Investigations. Special Agents are dispatched out of their Regional Office and cover a specific area with specific facilities however they may go elsewhere upon direction or assignment by the Special Agent in Charge. There are three regions: North, Southeast and Southwest. In the Southwest a special agent has been essentially designated as a PREA Investigator for that region, although he may be assigned elsewhere too. The PREA Coordinator indicated that a part of her strategic planning is to have a PREA investigator in each region. Investigators are trained to follow a uniform process. Georgia Department of Corrections Standard Operating Procedures, 103.10, Evidence Handling and Crime Scene Processing (thirteen pages), provides extensive guidance in evaluating a crime scene and examining a crime scene. It asserts that the designated case agent of investigator will be responsible for ensuring the preservation, collection, marking/identification, packaging, and security of all evidence. This detailed protocol discusses crime scene examination and includes the following, each discussed with extensive detail: • Still and/or video photography • Crime scene sketch • Collection, marking, and packaging of evidence • Lifting latent prints • Collection and preservation of materials and substances from known sources for use in scientific tests Paragraph F, Handling/Collection of Evidence, requires that evidence to be seized shall be collected, marked, packaged, and documented in accordance with the provisions of this or other applicable directives or manuals. Guidelines for the collection, packaging, and submission of evidence are set forth in the Georgia Bureau of Investigation, Division of Forensic Services, “Laboratory Services and Requirements for Submitting Evidence” Manual. Collection and Packaging of Evidence discusses in detailed for each type of evidence. An interview with the PREA Special Agent from the Southwest Region confirmed a specific and thorough process for conducting the investigation and in collecting evidence. He indicated that once notified, if the area has been secured, he will come to the facility and process the cell or crime scene while waiting on the Sexual Assault Nurse Examiner to arrive. Processing, he indicated, includes taking photos, using the alternative light source, review video, listen to phone calls, ask permission for swabs and secure search warrants if they don’t consent, He related he will interview the victim but not right away, in an effort to not re-victimize them. Additional potential evidence may be clothing to be processed by the Georgia Bureau of Investigation Crime Lab. The SANE conducts the forensic exam and turns the Rape Kit over to the Special Agent or to security in the absence of the Special Agent. The chain of custody begins, and the evidence may be secured in an evidence locker until it is turned over to the Special Agent who gets it to the crime lab for examination. He indicated as well that the GBI crime lab does not have a backlog of rape kits anymore so the turnaround time should be improved, enabling the investigation to proceed and conclude. (See 115.71 for more details about the investigation process) The facility may also contact the Jefferson County Sheriff’s Office who may also conduct investigations into allegations of sexual assault. ---PAGE BREAK--- PREA Audit Report Page 49 of 162 Facility Name – double click to change Sexual Assault Response Team members are facility-based staff, composed generally of a facility- based investigator who has completed the National Institute of Corrections on-line course, “PREA: Conducting Sexual Abuse Investigations in Confinement Setting”, a medical staff, counseling or mental health staff (one of whom may serve as a staff advocate), and often the retaliation monitor. Their role, in the event of an allegation that appeared to be criminal, is limited to ensuring the protection of the evidence and if an assault is alleged, getting the inmate medical attention immediately, all the while protecting evidence insofar as possible. All inmate victims of sexual abuse are offered a forensic exam at no cost to the inmate/resident. The facility has a Memorandum of Understanding with the Jefferson County Hospital to conduct the forensic examination. The MOU affirms the agency will respond to requests from the facility to provide a Sexual Assault Nurse Examination to include comprehensive care, prophylaxis treatment for STDs, timely collection of forensic evidence and testimony, if necessary, in sexual assault cases. An interview with the Licensed Practical Nurse at the facility indicated her role, in a sexual assault, would be to conduct a visual examination to determine the extent of any possible injuries, if any. She indicated she would take vital signs and if the offender was penetrated, she said the inmate would be taken to the Jefferson County Hospital for a forensic exam. She indicated the hospital has Sexual Assault Nurse Examiners who would conduct the exam. Policy and Documents Reviewed: GDC Policy, 208.6, Prison Rape Elimination Act Sexually Abusive Behavior Prevention and Intervention Program, B. Responsive Planning; GDC Standard Operating Procedure 508.22, Mental Health Management of Suspected Sexual Abuse or Sexual Harassment; Attachment 1, Medical Evaluation of Suspected Sexual Assault (Contract) with Attachment 1, Medical Evaluation of Suspected Sexual Assault; Standard Operating Procedure 103.10 Evidence Handling and Crime Scene Processing and SOP 103.06, Investigations of Allegations of Sexual Contract, Sexual Abuse, Sexual Harassment of Offenders; GDC Policy VH07-001 Health Services, Medical Services Deemed Necessary Exempt from Fee; IK01-0005; MOU with the Sexual Assault Support Center; National Protocol for Sexual Assault Medical Forensic Examinations, 2nd Edition, Major Updates”; Email from Satilla Advocacy confirming Following the National Protocol for Evidence Collection; Procedure for SANE Nurse Evaluation/Forensic Collection; MOU with the Jefferson County Hospital; MOU with the Rape Crisis and Sexual Assault Services Interviews: Commissioner; Warden; PREA Compliance Manager; Health Service Administrator; Director of Nursing; Sexual Assault Response Team Members; Facility Based Investigators, Previous Interviews with two SANEs from Satilla Advocacy; Rape Crisis Center Staff ; Thirteen (13) Randomly selected staff; Nineteen (19) Specialized Staff; Interviews with Twenty-Six (26) Inmates; One Special Agent. (previous interview) Discussion of Policy and Document Review: GDC Policy, 208.6, Prison Rape Elimination Act Sexually Abusive Behavior Prevention and Intervention Program, B. Responsive Planning, describes the agency’s expectations regarding the evidence protocols and forensic examinations. Facilities are required to follow a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions. GDCs response to sexual assault follows the US Department of Justice’s Office on Violence Against Women publication, “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents” dated April 2013, or the most current version. The Department requires that upon receiving a report of a recent incident of ---PAGE BREAK--- PREA Audit Report Page 50 of 162 Facility Name – double click to change sexual abuse, or a strong suspicion that a recent serious assault may have been sexual in nature, a physical exam of the alleged victim is performed, and the Sexual Assault Nurse Examiner’s protocol initiated. The Satilla Advocacy Center documented they follow a National Protocol for the Collection of Forensic Evidence and the National Protocol for Sexual Assault Medical Forensic Examinations, 2nd Edition, Major Updates. The GDC Policy, IK-005, Crime Scene Preservation, establishes the agency’s policy on evidence collections and protecting the crime scene. Policy requires that one of the first responsibilities at a crime scene is to prevent the destruction or contamination of evidence. Staff are required to initiate security measures to prevent unauthorized persons from entering the crime scene and not to touch anything or disturb anything. Instructions for maintaining the chain of possession of evidence is discussed GDC Policy VH07-001 Health Services, Medical Services Deemed Necessary Exempt from Fee, requires that medical care initiated by the facility is exempt from health care fees. The Department has promulgated a Local Procedure Directive encompassing the procedures related to responding to victims of sexual assault and the victim is provided the opportunity for a forensic exam as soon as possible. Forensic exams are provided at no cost to the victim. The facility has also issued a local operating procedure essentially documenting the facility’s coordinated response to an allegation of sexual abuse. Investigations are initiated when the Sexual Assault Response Team Leader is notified of an actual or allegation of sexual assault/abuse or sexual harassment. The SART initially investigates to determine if the allegation is PREA related. If there is a sexual assault, the SART leader informs the Warden and Duty Officer and the Warden contacts the Regional Office who will assign an Office of Professional Standards (OPS) Investigator (Special Agent) who will respond to conduct the criminal investigation. OPS is the office with the legal authority and responsibility to conduct investigations of incidents the victim and requiring the alleged perpetrator not to take any actions that would degrade or eliminate potential evidence and securing the area or room where the alleged assault took place and maintaining the integrity of evidence until the OPS investigator arrived. The OPS investigator may order a forensic exam. If a forensic exam is ordered, the facility’s nurse or Warden/Designee uses the Sexual Assault Nurse Examiner’s List and contacts them to arrange the exam. The facility also has access to the Jefferson County Sheriff’s Office for conducting sexual abuse investigations of allegations of sexual assault. GDC Policy also requires the PREA Compliance Manager to attempt to enter into an agreement with a rape crisis center to make available a victim advocate to accompany and provide emotional support for inmates being evaluated for the collection of forensic evidence. The facility provided documentation to confirm they have attempted to enter into a MOU with the Lily Pad Rape Crisis Center in Albany, Georgia. GDC Policy requires an administrative or criminal investigation of all allegations of sexual abuse and sexual harassment. Allegations involving potentially criminal behavior will be referred to the Office of Professional Standards (OPS). Discussion of Interviews: An interview with the Special Agent who serves in the Southwest Region as the PREA Investigator described the organizational structure of the Office of Professional Standards, Investigation Units and the evidence collection process. He supported the PREA Coordinator in wanting to request PREA Investigators because he said an individual agent may conduct a PREA ---PAGE BREAK--- PREA Audit Report Page 51 of 162 Facility Name – double click to change Investigation but, like anything else, the more you do the more competent with that type of investigation one can become. He indicated having a specialized investigator makes sense. The facility-based investigator has completed the NIC On-Line Training, “PREA: Investigating Sexual Abuse in a Confinement Setting”. He described the process for conducting investigations and indicated that once he was informed of an allegation, he would make sure all the SART members were notified and initiate the investigation. The process would include interviewing the alleged victim and alleged perpetrator as well as any witnesses, review any video footage, review any documentation including things like shift rosters and log books. Interviews with two Office of Professional Standards Investigators also confirmed the investigation process, including evidence collection. An interview with a Special Agent confirmed the investigative process when an incident at the facility appears to be criminal. Special Agents, he indicated, complete 13 weeks of training by the Georgia Bureau of Investigation. Interviews with the Licensed Practical Nurse confirmed her roles in responding to an allegation of sexual abuse as well as the process for contacting the contracted Sexual Assault Nurse Examiner. Apart from conducting an initial assessment of the offender to determine if there is evidence of trauma requiring immediate medical intervention in accordance with good clinical judgment. The nurse indicated her role was to conduct a visual examination to determine the extent of injury and protect evidence. She stated the offender would be transported to the Jefferson County Hospital for a forensic exam. Standard 115.22: Policies to ensure referrals of allegations for investigations All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.22 ▪ Does the agency ensure an administrative or criminal investigation is completed for all allegations of sexual abuse? ☒ Yes ☐ No ▪ Does the agency ensure an administrative or criminal investigation is completed for all allegations of sexual harassment? ☒ Yes ☐ No 115.22 ▪ Does the agency have a policy and practice in place to ensure that 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? ☒ Yes ☐ No ▪ Has the agency published such policy on its website or, if it does not have one, made the policy available through other means? ☒ Yes ☐ No ▪ Does the agency document all such referrals? ☒ Yes ☐ No 115.22 ---PAGE BREAK--- PREA Audit Report Page 52 of 162 Facility Name – double click to change ▪ If a separate entity is responsible for conducting criminal investigations, does such publication describe the responsibilities of both the agency and the investigating entity? [N/A if the agency/facility is responsible for criminal investigations. See 115.21(a).] ☐ Yes ☐ No ☒ NA 115.22 ▪ Auditor is not required to audit this provision. 115.22 ▪ Auditor is not required to audit this provision. Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Georgia Department of Corrections Policy (208.06) requires that all reports of sexual abuse and sexual harassment will be considered allegations and will be investigated. That included any sexual behavior that was observed, that staff have knowledge of, or have a received a report about, suspicions. Staff acknowledged that regardless of the source of the allegation, the allegation is reported and referred for investigation. If an allegation appears criminal in nature it is referred to the Department’s Office of Professional Standards Investigator who is a Special Agent, trained extensively in conducting investigations and who has the power to effect an arrest of staff or inmates. Staff acknowledged that they understood that failing to report would result in disciplinary action up to an including dismissal. Another GDC Policy, 1K01-0006, Investigation of Allegations of Sexual Contact, Sexual Abuse, and Sexual Harassment of Offenders, asserts it is the policy of the GDC that allegations of sexual contact, sexual abuse, and sexual harassment filed by sentenced offenders against departmental employees, contractors, vendors, or volunteers be reported, fully investigated and otherwise treated in a confidential and serious manner. The Agency’s PREA Investigation Protocol (Effective June 15, 2016) requires that every allegation (sexual abuse and sexual harassment) must be referred immediately to the local Sexual Assault Response Team with the local SART protocol initiated and investigations handled thoroughly, ---PAGE BREAK--- PREA Audit Report Page 53 of 162 Facility Name – double click to change and objectively, incident notification made to the GDC PREA Coordinator within 24 hours of initiating the SART Investigation. The Georgia Department of Corrections (GDC) has established Sexual Assault Response Teams (SART) in each of the GDC facilities and programs and the SART, according to policy, is responsible for the administrative investigation into all allegations of sexual abuse or sexual harassment. Jefferson County Prison has a Sexual Assault Response Team that is responsible for conducting the initial sexual abuse investigations and sexual harassment investigations. The SART is made up of a facility-based investigator, a nurse, a counselor, and a staff advocate. The SART’s role is to conduct an initial investigation into the allegation. The facility provided certificates of training documenting completing the National Institute of Corrections online training entitled, “PREA” Conducting Sexual Abuse Investigations in a Confinement Setting” for each member of the Sexual Abuse Response Team. If an allegation appears to be criminal in nature, the SART will notify the Shift Supervisor and Warden who will contact the applicable Regional Office or the Jefferson County Sheriff’s Office. The Regional Office’s Special Agent in Charge will then appoint or designate an Office of Professional Standards Investigator, a Special Agent, who has extensive investigative training through the Georgia Bureau of Investigation, to conduct the criminal investigation. Special Agents have been empowered to effect an arrest if necessary. They also work with the local District Attorney and recommend criminal charges when the evidence warrants it. Additionally, other Office of Professional Standards Investigators, who have completed mandate Law Enforcement Training and are empowered to arrest, are stationed in various facilities throughout the state. Their primary roles are related to gang activity and contraband, however they too, may be called on to conduct an investigation. If an allegation is criminal, the SART may conduct the administrative investigation, parallel with the Special Agent or Office of Professional Standards Investigator, including allegations of sexual harassment. Staff misconduct is investigated by the Office of Professional Standards Special Agent. All investigations are documented and maintained. Investigations conducted by the Sexual Assault Response Team are entered into the GDC’s data base and are reviewed by the PREA Unit and must be approved by them prior to the investigation being finalized and closed in the system. The agency’s website is replete with information related to PREA. A section entitled: “Department Response to Sexual Assault or Misconduct Allegations” asserts that employees have a duty to report all rumors and allegations of sexual assault and sexual misconduct through the chain of command. Another paragraph, “Investigations of Sexual Assault and Misconduct” states that the GDC is dedicated to producing quality investigations of alleged sexual assaults and sexual misconduct incidents. A separate section, “How do I Report Sexual Abuse or Sexual Harassment?” affirms the GDC investigates all allegations of sexual abuse and sexual harassment thoroughly, and objectively. Multiple ways to report are then identified and contact information is provided. Policy and Documents Review: GDC Policy, 208.6, Prison Rape Elimination Act; GDC Standard Operating Procedure, IK01-0006, Investigation of Allegations of Sexual Contact, Sexual Abuse and Sexual Harassment; IK01-005, Crime Scene Preservation; Pre-Audit Questionnaire; PREA Investigation Summary; Notification of Results of Investigation; NIC Certificates (National Institute of Corrections, PREA: Investigating Sexual Abuse in Confinement Settings); Georgia Department of Corrections Website ---PAGE BREAK--- PREA Audit Report Page 54 of 162 Facility Name – double click to change Interviews: 13 Randomly selected and 19 special category staff; informally interviewed staff during the audit; 26 Inmates Discussion of Policy and Documents Reviewed: GDC Policy, 208.6, Prison Rape Elimination Act, requires that an administrative or criminal investigation is to be completed for all allegations of sexual abuse and sexual harassment. Allegations that involve potentially criminal behavior will be referred for investigation to the Office of Professional Standards. If an investigation was referred to an outside entity, that entity is required to have in place a policy governing the conduct of such investigations. The local Sexual Assault Response Team is responsible for the initial inquiry and subsequent administrative investigation of all allegations of sexual abuse or sexual harassment with limitations. In cases where allegations are made against staff members and the SART inquiry deems the allegation is unfounded or unsubstantiated by evidence of facility documentation, video monitoring systems, witness statement or other investigative means, the case can be closed at the facility level. No interviews may be conducted with a staff member nor a statement collected from the accused staff without first consulting the Regional SAC. All allegations with penetration and those with immediate and clear evidence of physical contact, are required to be reported to the Regional SAC and the Department’s PREA Coordinator immediately upon receipt of the allegations. If a sexual assault is alleged and cannot be cleared at the local level, the Regional SAC determines the appropriate response upon notification. If the response is to open an official investigation, the Regional SC will dispatch an agent or investigator who has received special training in sexual abuse investigations. Evidence, direct and circumstantial, will be collected and preserved. Evidence includes any electronic monitoring data; interviews with witnesses; prior complaints and reports of sexual abuse involving the suspected perpetrator. When the criminal investigation pertaining to an employee is over it is turned over to the Office of Professional Standards to conduct any necessary compelled administrative interviews. The credibility of a victim, suspect or witness is to be assessed on an individual basis and not determined by the person’s status as offender or staff member. Offenders alleging sexual abuse will not be required to submit to a polygraph or other truth telling device as a condition for proceeding with the investigation of the allegation. After each SART investigation all SART investigations are referred to the OPS for an administrative review. GDC Standard Operating Procedure, IK01-0006, Investigation of Allegations of Sexual Contact, Sexual Abuse and Sexual Harassment, thoroughly describes the expectations for reporting allegations including initial notifications, general guidelines for investigations and investigative reports. This policy asserts that allegations of sexual contact, sexual abuse and sexual harassment filed by sentenced offenders against departmental employees, contactors, vendors or volunteers be reported, fully investigated and otherwise treated in a confidential and serious manner. Staff are required to cooperate with the investigation and GDC policy is to ensure that investigations are conducted in such a manner as to avoid threats, intimidation or future misconduct. Policy requires “as soon as an incident of, sexual contact, sexual abuse or sexual harassment (including rumors, inmate talk, kissing etc.) comes to the attention of a staff member, the staff member is required to immediately inform the Warden/Superintendent, and/or the Institutional Duty Officer, and/or the Office of Professional Standards Unit verbally and follow up with a written report. Failure to report allegations of sexual contact, sexual abuse or sexual harassment may result in disciplinary action, up to and including dismissal. This policy also affirms the “Internal Investigations Unit” (now Office of Professional Standards) will investigate allegations of sexual contact, sexual abuse, sexual harassment by employees, contractors, ---PAGE BREAK--- PREA Audit Report Page 55 of 162 Facility Name – double click to change volunteers, or vendors. The investigations may include video or audio recorded interviews and written statements from victims, alleged perpetrator and any witnesses as well as all other parties with knowledge of any alleged incident; as well as known documents, photos or physical evidence. Policy requires investigations to continue whether the alleged victim refuses to cooperate with the investigator and whether another investigation is being conducted and even if the employee resigns during an investigation. The time limit for completing investigations is 45 days from the assignment of the case. The auditor conducted an interview with an OPS Special Agent previously and an Internal Affairs Investigator on site and an interview with a facility based Sexual Assault Response Team Investigator. The Special Agent stated investigators must complete between 11-13 weeks of training provided by the Georgia Bureau of Investigations and this is in addition to mandate law enforcement training which is 11 weeks. Internal affairs is involved with the administrative part of an investigation while a criminal investigation is going on but apart and not to interfere with a criminal investigation. Facility-based investigations are conducted by a team of staff including a staff whose primary responsibility is to investigate, a staff whose primary role is staff advocate, and a medical staff. Upon receiving the complaint, the investigator initiates the investigation process. An interview with the facility-based investigator indicated that although the facility has had no allegations of sexual abuse or sexual harassment in the past twelve months and more, he is knowledgeable of the investigation process. He indicated if the allegation appeared to be criminal, he would refer the allegation to the Jefferson County Sheriff’s Office. All the Sexual Assault Response Team have completed the specialized training for conducting investigations in a confinement setting. In an interview he indicated that all allegations are treated the same and are investigated the same regardless of where the allegation came from and the evidence collected, including taking witness statements from the alleged victim and alleged perpetrator as well as any witnesses to the alleged incident. The credibility of the resident or staff would be based soley on the evidence. If, upon receiving an allegation or report of sexual abuse, the preliminary evidence indicates, or it is obvious that a criminal act is likely to have occurred, notifications are made up to the Duty Officer and Warden, who then make contact with the Jefferson County Sheriff’s Office or the Georgia Department of Corrections Regional Office Special Agent in Charge who will dispatch an OPS PREA Investigator or another OPS Investigator who is available. The role of the facility-based investigator then is to support the OPS investigator or county investigator in any way possible. The reviewed MOU with the Jefferson County Sheriff’s Department confirmed the Sheriff will provide an investigator to conduct criminal investigations when requested by the facility. Interviews with SART Members indicated they would notify the inmate the results of the investigation and they would use the Georgia Department of Corrections Notification Form and are familiar with the requirements of policy related to notification to the inmate. The agency’s investigation policy is provided via the agency website and are provided information on how to report any PREA related allegation or complaint on line. Discussion of Interviews: Interviews with randomly selected and specialized staff indicated that they are required to report all allegations and knowledge of sexual abuse or sexual harassment. The auditor asked them if they would report something the suspected, they said they would report that and ---PAGE BREAK--- PREA Audit Report Page 56 of 162 Facility Name – double click to change follow-up with a written witness statement that would be completed immediately if possible and before the end of the shift. When asked if they would report an anonymous report or a report made by another inmate, family member or other third party and write a statement regarding these as well. Most of the staff stated the Sexual Assault Response Team is responsible for conducting sexual abuse investigations. An interview with the SART Leader confirmed he is knowledgeable of the investigation process, TRAINING AND EDUCATION Standard 115.31: Employee training All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.31 ▪ Does the agency train all employees who may have contact with inmates on its zero-tolerance policy for sexual abuse and sexual harassment? ☒ Yes ☐ No ▪ Does the agency train all employees who may have contact with inmates on how to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures? ☒ Yes ☐ No ▪ Does the agency train all employees who may have contact with inmates on inmates’ right to be free from sexual abuse and sexual harassment ☒ Yes ☐ No ▪ Does the agency train all employees who may have contact with inmates on the right of inmates and employees to be free from retaliation for reporting sexual abuse and sexual harassment? ☒ Yes ☐ No ▪ Does the agency train all employees who may have contact with inmates on the dynamics of sexual abuse and sexual harassment in confinement? ☒ Yes ☐ No ▪ Does the agency train all employees who may have contact with inmates on the common reactions of sexual abuse and sexual harassment victims? ☒ Yes ☐ No ▪ Does the agency train all employees who may have contact with inmates on how to detect and respond to signs of threatened and actual sexual abuse? ☒ Yes ☐ No ▪ Does the agency train all employees who may have contact with inmates on how to avoid inappropriate relationships with inmates? ☒ Yes ☐ No ▪ Does the agency train all employees who may have contact with inmates on how to communicate effectively and professionally with inmates, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming inmates? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 57 of 162 Facility Name – double click to change ▪ Does the agency train all employees who may have contact with inmates on how to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities? ☒ Yes ☐ No 115.31 ▪ Is such training tailored to the gender of the inmates at the employee’s facility? ☒ Yes ☐ No ▪ Have employees received additional training if reassigned from a facility that houses only male inmates to a facility that houses only female inmates, or vice versa? ☒ Yes ☐ No 115.31 ▪ Have all current employees who may have contact with inmates received such training? ☒ Yes ☐ No ▪ Does the agency provide each employee with refresher training every two years to ensure that all employees know the agency’s current sexual abuse and sexual harassment policies and procedures? ☒ Yes ☐ No ▪ In years in which an employee does not receive refresher training, does the agency provide refresher information on current sexual abuse and sexual harassment policies? ☒ Yes ☐ No 115.31 ▪ Does the agency document, through employee signature or electronic verification, that employees understand the training they have received? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Georgia Department of Corrections Policy 208.06 requires that staff are trained in the following: • Department’s Zero Tolerance Policy for Sexual Abuse and Sexual Harassment ---PAGE BREAK--- PREA Audit Report Page 58 of 162 Facility Name – double click to change • How to fulfill staff responsibilities under the Department’s Sexual Abuse and Sexual Harassment • Prevention, detection, reporting and response policies and procedures • Offender’s right to be free from Sexual Abuse and Sexual Harassment • 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 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 • How to comply with relevant laws related to mandatory reporting of sexual abuse to outside entities. The reviewed lesson plan for annual in-service covers the required training topics. Interviews with staff confirmed 100% of them had completed PREA Training covering all the topics required by GDC Policy and the PREA Standards. During staff interviews, staff are asked to review the topics outlined on the questionnaire and to explain where and how they received that training. Staff confirmed having been trained in all those topics as both new employees and at annual in-service training. Staff indicated they receive PREA Training at Basic Correctional Officers Training, at Annual In-Service Training and through on-line training including the required National Institute of Corrections course, “Communicating Effectively and Efficiently with LGBTI Offenders”. Training was confirmed through interviews with staff and reviews of training rosters documenting Day 1 of Annual In-Service Training for 2017 and 2018. 2017 Rosters documented training on 2/21/17 and 2/23/17. Rosters documented Day 1 Annual In-Service training conducted in 2018 on 2/13/18, 2/20/18. Staff were specifically asked if annual training included the topics described and enumerated on the questionnaire for randomly selected staff and each employee confirmed that the training included all the topics. Training was also confirmed through reviewing 23 Certificates confirming the NIC. “Communicating Professionally and Effectively with LGBTI Offenders.” Newly hired Correctional Officers later attend Basic Correctional Officer Training (BCOT for Certification through the Georgia Peace Officers Training Council). A block of training includes PREA. Following BCOT, all staff and contractors are required to complete Annual In-Service Training. Day 1 that includes PREA training. The reviewed agency’s developed curriculum for 2018 Annual In-Service Training includes the following: • Zero Tolerance • Definitions • Staff Prevention Responsibilities • Offender Prevention Responsibilities • Detection and Prevention Responsibilities • Reporting Responsibilities • Coordinated Response (Including First Responder Duties) ---PAGE BREAK--- PREA Audit Report Page 59 of 162 Facility Name – double click to change • Mandatory Reporting Laws (Official Code of Georgia) • Inmate Education • Retaliation • Dynamics in Confinement • Victimization Characteristics • Warning Signs • Avoiding Inappropriate Relationships with Inmates • Communicating with Offenders • Acknowledging LGBTI Offenders • Search Procedures • PREA Video • PREA Training and Forms • Enabling Objectives GDC Policy also in Paragraph 1.b, requires that in-service training will include gender specific reference and training to staff as it relates to a specific population supervised and that staff who transfer into a facility of different gender from prior institution are required to receive gender-appropriate training. Interviewed staff stated they attend and minimally complete annual in-service training. They also affirmed receiving PREA Training as a newly hired employee and at Basic Correctional Officer Training. The auditor also reviewed (20) Staff PREA Acknowledgments acknowledging staff are aware of the zero-tolerance policy and their mandate to report, as well as the consequences for becoming involved in sexual abuse or sexual harassment. The agency provides training for PREA Compliance Managers once or twice a year. They also provide training for the Sexual Assault Response Teams at least twice a year. The Agency’s PREA Coordinator and the Assistant PREA Coordinator completed the Train the Trainer Advocacy Training provided by the Moss Group to enable them to train designated facility staff to serve as facility-based advocates. Policy and Document Review: Georgia DOC Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, C. Training and Education; Reviewed 2017 Lesson Plan for PREA; Reviewed Power Point Presentation for Annual Inservice Training: PREA; Reviewed Training Rosters documenting Day 1 Annual In-Service Training for 2017 and 2018. Reviewed Certificates documenting Specialized Training; Reviewed Personnel files containing PREA Acknowledgment Statements; Interviews: Warden; PREA Compliance Manager; Agency PREA Coordinator (Previous Interview); Assistant PREA Coordinator (Previous Interview); POST Certified Training Officer13 Randomly selected staff, 19 Special Category Staff. Observations: None applicable for this audit. Discussion of Policies and Documents: Georgia DOC Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, C. Training and Education, requires annual training that includes the following: The Department’s zero-tolerance policy, how to fulfill their responsibilities under the sexual abuse and sexual harassment prevention, detection, reporting and ---PAGE BREAK--- PREA Audit Report Page 60 of 162 Facility Name – double click to change response policies and procedures, inmate’s right to be free from sexual abuse and sexual harassment, the right of inmates and employees to be free from retaliation for reporting sexual abuse and sexual harassment, the dynamics 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 inmates, how to communicate effectively and professionally with inmates, including lesbian, gay, bisexual transgender, intersex or gender non-conforming inmates ; how to avoid inappropriate relationships with inmates and how to comply with relevant laws related to mandatory reporting of sexual abuse and sexual harassment. New employees receive some PREA Training during Pre-Service Orientation. Staff also receive annual in-service training that includes a segment on PREA. In-service training considers the gender of the inmate population. The facility provided the training curriculum covering the topics required by the PREA Standards and more. The auditor reviewed training rosters for 2017, and 2018, documenting Day 1, Annual In-Service Training and over 20 PREA Acknowledgment Statements. Reviewed personnel files representing Newly Hired Staff, Promoted Staff and Regular Staff all contained PREA Acknowledgment Statements indicating staff are PREA These statements affirm the employee has received training on the Department’s Zero Tolerance Policy on Sexual Abuse and Sexual Harassment and that they have read the GDC Standard Operating Procedure 208.06, Sexually Abusive Behavior Prevention and Intervention Program. They also affirm they understand that any violation of the policy will result in disciplinary action, including termination, or that they will be banned from entering any GDC institution. Penalties for engaging in sexual contact with an offender commit sexual assault, which is a felony punishable by imprisonment of not less than one nor more, than 25 years, a fine of $100,000 or both. PREA Compliance Managers attend training at least twice a year. The Sexual Assault Response Team receives training at least semi-annually on their roles in responding to allegations of sexual abuse. Specialized training is completed by SART members and medical staff. PREA Related posters are prolific and posted in numerous locations throughout this facility and in this facility the posters and notices are posted strategically throughout the facility and in each living unit. Posters are also posted in administrative segregation and disciplinary isolation. The investigator on the SART completed the specialized training for investigators through the National Institute of Corrections training, “Investigating Sexual Abuse in Confinement Settings”. Additionally, the SART receives training in their roles in response to a sexual assault at least semi-annually. The auditor reviewed multiple certificates confirming the specialized training. All staff are required to complete the on-line training Communicating Effectively and Professionally with LGBTI Offenders. Reviewed Certificates of Training (20) documented the training provided by the National Institute of Corrections and all interviewed staff stated they must complete the on-line NIC training, “Communicating Effectively and Professionally with LGBTI Offenders”. The PREA Unit provides training for staff, including the SART Teams and training to become a qualified staff advocate. Because of their role in training, the Agency’s PREA Coordinator and Assistant PREA Coordinator and PREA Unit Analyst have attended and completed the Peace Officers Standards Training to become what is known as a POST IT Instructor. This intensive training is a three-week course to train potential instructors. Receiving this certification by the Peace Officers Standards ---PAGE BREAK--- PREA Audit Report Page 61 of 162 Facility Name – double click to change Training Council, these staff may conduct classes consistent with all the requirements for certification as a POST IT Instructor. Classes they teach enable the staff to receive credit toward their POST Certification Training. Discussion of Interviews: Interviewed staff said they recalled getting PREA information when they were hired. They also said they received PREA Training when they went to Basic Correctional Officers Training. The auditor asked each staff to review each of the topics required by GDC Policy and the PREA Standards for training, and staff identified each topic as a topic they understood and had received training in. Staff related that they get PREA Training every year during annual in-service training on Day 1. This training included, they indicated, conducting searches in a professional and respectful manner. They also indicated they receive information on various topics during shift briefings. Interviewed staff were knowledgeable of the facility’s zero tolerance for all forms of sexual abuse, sexual harassment and retaliation. Posters are posted throughout the facility reminding everyone of Zero Tolerance. Staff reported they are trained to take everything seriously and report everything and even a suspicion. They stated they would take a report made verbally, in writing, anonymously and through third parties and they would report these immediately to their shift supervisor and follow-up with a written statement or incident report before they left the shift. Staff explained their roles as first responders. This included both uniform and non-uniform staff. Non- Uniform staff also described their roles as first responders. If an inmate reported being at risk of imminent sexual abuse staff stated, staff said they would act immediately and remove the inmate from the threat and report it to their immediate supervisor. 100% of the interviewed staff affirmed they took the online NIC Training, “Communicating Effectively and Professionally with LGBTI Offenders”. SART members confirmed they attend SART training once or twice a year. Standard 115.32: Volunteer and contractor training All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.32 ▪ Has the agency ensured that all volunteers and contractors who have contact with inmates have been trained on their responsibilities under the agency’s sexual abuse and sexual harassment prevention, detection, and response policies and procedures? ☒ Yes ☐ No 115.32 ▪ Have all volunteers and contractors who have contact with inmates been notified of the agency’s zero-tolerance policy regarding sexual abuse and sexual harassment and informed how to report such incidents (the level and type of training provided to volunteers and contractors shall be based on the services they provide and level of contact they have with inmates)? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 62 of 162 Facility Name – double click to change 115.32 ▪ Does the agency maintain documentation confirming that volunteers and contractors understand the training they have received? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Contractors who have contact with inmates document that they have received training on the following (the form indicates the training is conducted by the PREA Coordinator): 1. Zero Tolerance for sexual abuse and sexual harassment. 2. How to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures. 3. Inmate’s right to be free from sexual abuse and sexual harassment. 4. Inmate’s right to be free from retaliation for reporting sexual abuse and sexual harassment. 5. The dynamics of sexual abuse and sexual harassment in confinement. 6. Common reactions of sexual abuse and sexual harassment victims. 7. How to detect and respond to sighs of threatened or actual sexual abuse. 8. How to avoid inappropriate relationships with inmates. 9. How to communicate effectively and professionally with inmates, including LGBTI or gender non-conforming inmates. 10. How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities. They also documented in an acknowledgment statement documenting having received the following: • Inmate Awareness and Education PREA Brochure • Zero Tolerance • Ways to report That training was documented for the two part time teachers and one part time instructor. ---PAGE BREAK--- PREA Audit Report Page 63 of 162 Facility Name – double click to change Policy and Documents Reviewed: GDC Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, C. Training and Education, Paragraph 3, Volunteer and Contractor Training; GDC Standard Operating Procedure Local Management of Volunteer Services; Contractor and Volunteer PREA Acknowledgement Statements; PREA Training Acknowledgments Interviews: Warden; PREA Compliance Manager; Contracted Employees, One Volunteer, Prior interview with the State Director of Chaplaincy Services and Statewide Volunteer Coordinator; Facility Chaplain/Volunteer Coordinator Observations: There were no volunteer activities during the on-site audit period. Discussion of Policies and Documents that were reviewed: GDC Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, C. Training and Education, Paragraph 3, Volunteer and Contractor Training, requires all volunteers and contractors who have contact with inmates to be trained on their responsibilities under the Department’s PREA policies and procedures. This training is based on the services being provided and the level of contact with inmates, however all volunteers and contractors are required to be notified of the Department’s zero- tolerance policy and informed how to report such incidents. Participation must be documented and indicates understanding the training they received. Training for volunteers is provided at the state office now. Contractors receive training at the facility and attend departmental annual in-service training like all other employees. The auditor reviewed a total of 10 PREA Acknowledgement Statements for contractors and volunteers. The GDC Acknowledgment Statements are for supervised visitors/contractors/volunteers. It acknowledges that they understand the agency has a zero-tolerance policy prohibiting visitors, contractors, and volunteers from having sexual contact of any nature with offenders. They agree not to engage in sexual contact with any offender while visiting a correctional institution and it they witnessed another having sexual contact with an offender or if someone reported it to the contractor/volunteer he/she agrees to report it to a corrections employee. They acknowledge, as well, the disciplinary action, including the possibility for criminal prosecution, if they violate the agreement. The Acknowledgment Statement for Unsupervised Contractors and Volunteers acknowledges training on the zero-tolerance policy and that they have read the agency’s PREA Policy (208.06). They acknowledge they are not to engage in any behavior of a sexual nature with an offender and to report to a nearby supervisor if they witness such contact or if someone reports such conduct to the them. They acknowledge the potential disciplinary actions and/or consequences for violating policy. PREA Training was documented for the three educational employees who are contracted staff. The nurse is a contract provider however she is required to attend annual in-service training Day 1, just like any other full-time employee. Interviews with two volunteers indicated they received training at First United Methodist Church in Valdosta and that it was conducted by state officer personnel. That training, they said reaffirmed that the facility has a zero-tolerance policy and reminded them of their responsibility to report anything. They indicated they would report to a correctional officer is they became aware of anything. They also said they must have a background check every year. They said they are issued badges after completing the training and with that badge are authorized to enter the facility. PREA Standard 115.33: Inmate education ---PAGE BREAK--- PREA Audit Report Page 64 of 162 Facility Name – double click to change All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.33 ▪ During intake, do inmates receive information explaining the agency’s zero-tolerance policy regarding sexual abuse and sexual harassment? ☒ Yes ☐ No ▪ During intake, do inmates receive information explaining how to report incidents or suspicions of sexual abuse or sexual harassment? ☒ Yes ☐ No 115.33 ▪ Within 30 days of intake, does the agency provide comprehensive education to inmates either in person or through video regarding: Their rights to be free from sexual abuse and sexual harassment? ☒ Yes ☐ No ▪ Within 30 days of intake, does the agency provide comprehensive education to inmates either in person or through video regarding: Their rights to be free from retaliation for reporting such incidents? ☒ Yes ☐ No ▪ Within 30 days of intake, does the agency provide comprehensive education to inmates either in person or through video regarding: Agency policies and procedures for responding to such incidents? ☒ Yes ☐ No 115.33 ▪ Have all inmates received such education? ☒ Yes ☐ No ▪ Do inmates receive education upon transfer to a different facility to the extent that the policies and procedures of the inmate’s new facility differ from those of the previous facility? ☒ Yes ☐ No 115.33 ▪ Does the agency provide inmate education in formats accessible to all inmates including those who are limited English proficient? ☒ Yes ☐ No ▪ Does the agency provide inmate education in formats accessible to all inmates including those who are deaf? ☒ Yes ☐ No ▪ Does the agency provide inmate education in formats accessible to all inmates including those who are visually impaired? ☒ Yes ☐ No ▪ Does the agency provide inmate education in formats accessible to all inmates including those who are otherwise disabled? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 65 of 162 Facility Name – double click to change ▪ Does the agency provide inmate education in formats accessible to all inmates including those who have limited reading skills? ☒ Yes ☐ No 115.33 ▪ Does the agency maintain documentation of inmate participation in these education sessions? ☒ Yes ☐ No 115.33 ▪ In addition to providing such education, does the agency ensure that key information is continuously and readily available or visible to inmates through posters, inmate handbooks, or other written formats? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. PREA information is reportedly presented to inmates in a manner that enables the inmate to understand and to participate fully in the Agency’s prevention, detection, responding and reporting PREA efforts. If a limited English proficient resident was admitted, the facility has access to Language Line professional interpretive services as well as through multiple statewide contracts for a variety of interpretive services (see 115.16). Coordination of these services may be expedited by the local ADA Coordinator contacting the Statewide ADA Coordinator or designee who can facilitate access to professional interpreters either on the phone, via video, or in person. If a resident is deaf, the staff may use language line to access an interpreter using American Sign or access one of the many statewide contracts for interpretive services, both via phone, in person, or through video conference. The facility has one bilingual staff who serves as an interpreter for Spanish speaking inmates, if needed. If, on admission, an inmate has literacy issues or is cognitively disabled, the initial intake information may be read to them. If needed, the facility has GED/ABE/Literacy teachers. If a teacher is available on site during the admission, the teacher may ensure the resident understands. The facility may also use general population counselors or any staff to assist in communicating the information necessary to attempt to keep the inmate safe. The facility also has a MOU with the Jefferson County Sheriff’s Office ---PAGE BREAK--- PREA Audit Report Page 66 of 162 Facility Name – double click to change and that MOU includes provision of interpretive services, as needed. The facility also has a contract with Language Line enabling staff to access professional interpretive services. Georgia Department of Corrections (GDC) Policy requires that incoming inmates, during intake, are provided notification of the GDC’s zero-tolerance policy for sexual abuse and harassment and information on how to report an allegation is provided to the inmate upon arrival at the facility. In addition to the verbal notification, offenders will be given a GDC PREA Pamphlet. Staff at the Back Gate, where newly arriving inmates are processed, indicated they inform the inmate of zero tolerance and how to report. Staff conducting intake and orientation stated that when an inmate arrives, they are given a PREA Brochure and told all about PREA, including how to access the phone, xero tolerance and ways to report. The counselor related she brings each one into the office and gives them that information on arrival and that they sign a PREA Acknowledgment Form at that time and the next morning after admission see the PREA Video in the dining area, discuss the video and sign the orientation checklist. Inmates, in their interviews confirmed they receive PREA Information on arrival and later receive PREA Education via the PREA Video and the counselor. Twenty-six inmates were interviewed. Twenty-three inmates acknowledged they were given information about the facility’s rules against sexual abuse and sexual harassment on arrival. They also confirmed they received that information verbally and through the PREA Brochure. Most said the information was given in writing and explained verbally. Twelve of the Twenty-six interviewed inmates said they received the PREA Education on the PREA Video the same day, while nine said they received it the next day, one within a week and four could not remember. All of those who said they saw the PREA Video said they were given an opportunity to ask questions if they had any. If an inmate is transferring in from another facility, she indicated they would still receive the same information over again, if they had it at another facility. Inmates, whether formally or informally interviewed, stated they have received PREA Information and watched the video in every prison they have been housed in. Those coming from Georgia Diagnostic State Prison, the state’s diagnostic facility, stated they received PREA Information and watched the PREA Video there as a part of their admission process at that diagnostic facility, prior to being assigned to a prison in the state. For limited English proficient inmates, the facility has contracted with Language Line Solutions to provide interpretation services. These include interpretation over the phone, video remote and on-site. Contract services also include access to interpretation services for American Sign Language. The facility has an ADA Coordinator who can access the Statewide ADA Coordinator to secure a wide variety of statewide contracts for accessing interpretive services and these can be expedited by the statewide ADA Coordinator if necessary. Staff would read the information to inmates with literacy or developmental issues. The facility also has a MOU with the Jefferson County Sheriff’s Office stating the Sheriff’s Office will provide interpretive services, if needed, for inmates at the Jefferson County Correctional Institution who are limited English proficient. PREA related posters were observed throughout the facility and accessible in multiple areas to inmates. ---PAGE BREAK--- PREA Audit Report Page 67 of 162 Facility Name – double click to change Policy and Documents Reviewed: GDC Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, C. Training and Education, Paragraph 4, Offender Education; GDC PREA pamphlet; GDC Policy 220.04, Offender Orientation; 21 PREA Acknowledgment Statements; Previously reviewed contracts for interpretive services; MOU with the Jefferson County Sheriff’s office. Interviews: Warden; Staff conducting intake; Staff conducting orientation (resident education); PREA Compliance Manager; Twenty-Six (26) inmates; (13) Randomly selected staff; (19) Specialized Staff; Informally Interviewed Offenders; Pre-Audit Questionnaire Discussion of Policy and Documents: Reviewed: GDC Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, C. Training and Education, Paragraph 4, Offender Education, requires notification of the GDC Zero-Tolerance Policy for Sexual Abuse and Harassment and information on how to report an allegation at the receiving facility. This is required to be provided to every resident upon arrival at the facility. It also requires that in addition to verbal notification, offenders are required to be provided a GDC PREA pamphlet. Within 15 days of arrival, the policy, requires inmates receive PREA education. The education must be conducted by assigned staff members to all inmates and includes the gender appropriate “Speaking Up” video on sexual abuse. The initial notification and the education are documented in writing by signature of the inmate. In the case of exigent circumstances, the training may be delayed, but no more than 30 days, until such time is appropriate for delivery (i.e. Tier Program, medical issues etc.). This education is documented in the same manner as for offenders who participated during the regularly scheduled orientation. The PREA Education must include: 1) The Department’s zero-tolerance of sexual abuse and sexual harassment; 2) Definitions of sexually abusive behavior and sexual harassment; 3) Prevention strategies the offender can take to minimize his/her risk of sexual victimization while in Department Custody; 4) Methods of reporting; 5) Treatment options and programs available to offender victims of sexual abuse and sexual harassment; 6) Monitoring, discipline, and prosecution of sexual perpetrators: 7) and Notice that male and female routinely work and visit housing area. PREA Education is required to be provided in formats, accessible to all offenders, including those who are limited English proficient, deaf, visually impaired, or otherwise disabled, as well as those with limited reading skills. Education, according to GDC policy requires the facility to maintain documentation of offender participation in education sessions in the offender’s institutional file. In each housing unit, policy requires that the following are posted in each housing unit: a) Notice of Male and Female Staff routinely working and visiting housing areas; b) A poster reflecting the Department’s zero-tolerance (must be posted in common areas, as well, throughout the facility, including entry, visitation, and staff areas. Inmates confirm their orientation on several documents. 1) Inmate Acknowledgment of PREA 2) Offender Orientation Checklist (documenting Sexual Abuse and Harassment and Viewed the PREA Video) ---PAGE BREAK--- PREA Audit Report Page 68 of 162 Facility Name – double click to change If an inmate is non-English speaking, the Language Line is available. If an inmate has a disability, appropriate staff are to be used to ensure that the inmate understands the PREA policy. If an inmate requires signing (hearing impaired) the agency’s ADA Coordinator is called and provides the necessary translation services (according to an interview with the ADA Coordinator). The State Department of Administrative Services has multiple contracts with translation services. These may be accessed through the Agency ADA Coordinator. The facility has a contract with Language Line for interpretive services for the deaf and offenders who are limited English proficient. Inmates who have literacy issues or who are cognitively challenged have access to the GED teacher and other staff who can read the PREA related information to them and mentally ill inmates have two counselors who can assist them in understanding PREA and how to report. The facility has access to interpreters for the Jefferson County Sheriff’s Office. This was confirmed through an MOU with the Sheriff’s Office. Standard 115.34: Specialized training: Investigations All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.34 ▪ In addition to the general training provided to all employees pursuant to §115.31, does the agency ensure that, to the extent the agency itself conducts sexual abuse investigations, its investigators have received training in conducting such investigations in confinement settings? (N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).) ☒ Yes ☐ No ☐ NA 115.34 ▪ Does this specialized training include techniques for interviewing sexual abuse victims? [N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).] ☒ Yes ☐ No ☐ NA ▪ Does this specialized training include proper use of Miranda and Garrity warnings? [N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).] ☒ Yes ☐ No ☐ NA ▪ Does this specialized training include sexual abuse evidence collection in confinement settings? [N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).] ☒ Yes ☐ No ☐ NA ▪ Does this specialized training include the criteria and evidence required to substantiate a case for administrative action or prosecution referral? [N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).] ☒ Yes ☐ No ☐ NA 115.34 ---PAGE BREAK--- PREA Audit Report Page 69 of 162 Facility Name – double click to change ▪ Does the agency maintain documentation that agency investigators have completed the required specialized training in conducting sexual abuse investigations? [N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).] ☒ Yes ☐ No ☐ NA 115.34 ▪ Auditor is not required to audit this provision. Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Initial investigations of allegations of sexual abuse or sexual harassment are conducted by the facility’s Sexual Assault Response Team (SART). The SART is composed of a facility-based investigator, a representative from medical and counseling. This facility provided Certificates documenting that all the members of the Sexual Assault Response Team have completed the specialized training for conducing sexual abuse investigations in a confinement setting. This was confirmed through reviewing six certificates documenting the specialized training provided by the National Institute of Corrections online training, “PREA: Investigating Sexual Abuse Allegations in a Confinement Setting.” The facility-based investigators also attend Sexual Assault Response Team training conducted by the Georgia Department of Corrections PREA Unit. This was confirmed by interviews with the investigator and agency PREA Coordinator and Assistant PREA Coordinator. If an allegation appears criminal, the Warden/designee contacts the Special Agent-in-Charge, in the Regional Office, who will determine if a Special Agent needs to be assigned and if so, to assign one. These investigators work for the Georgia Department of Corrections Office of Professional Standards. The facility also may contact the Jefferson County Sheriff’s Department, who, in a Memorandum of Agreement, acknowledges the Sheriff’s Office will provide investigators who may conduct criminal investigations of sexual abuse. Office or Professional Standards Investigators, who may conduct a criminal investigation, have attended mandate law enforcement training and Special Agents, who conduct criminal investigations have completed, not only mandate law enforcement training, but also, they attend 13 more weeks of ---PAGE BREAK--- PREA Audit Report Page 70 of 162 Facility Name – double click to change investigative training at the Georgia Bureau of Investigations Academy at the Georgia Public Safety Training Center in Georgia. The agency (GDC) requires that investigators complete specialized training regarding conducting investigations of sexual abuse in confinement settings. The specialized training, in addition to the extensive training required for the Department’s Office of Professional Standards, Special Agents, covers all the topics required by the PREA Standards: interviewing sexual abuse victims; Miranda and Garrity Warnings; Evidence Collection in Confinement Settings; and the Criteria for the evidence Required to Substantiate a Case for administrative action or criminal prosecution. Special Agents assigned to the Regional Offices receive extensive training in conducing sexual abuse investigations. They attend mandate training for law enforcement officers at a regional police academy, followed by an additional 13 weeks of training at the Georgia Bureau of Investigation Academy. Special Agents are assigned to conduct criminal investigations. Office of Professional Standards Investigators attend mandate law enforcement training and complete the on-line training provided by the NIC. These investigators have arrest powers and are assigned to a facility but work facilities for which they are responsible. These investigators are primarily involved in intelligence gathering, gang activity, and contraband however they too may conduct the criminal investigation. The facility conducts its own investigations of allegations of sexual assault, sexual harassment or retaliation. These are conducted by the Sexual Assault Response Team (SART). A primary investigator, referred to as the facility- based investigator, leads the investigation. Allegations that appear criminal are investigated by a Georgia Department of Corrections (GDC), Office of Professional Standards, Special Agent, assigned to the investigation by a GDC Regional Office. Special Agents receive extensive investigation training through attending the Police Academy and the Georgia Bureau of Investigations Training Academy (11-13 weeks); through the NIC online training, Conducting Sexual Abuse Investigations in Confinement Settings and through a two-day training provided by the GDC that trains staff in conducting investigations into sexual assaults in GDC facilities. Special Agents, according to the PREA Coordinator, complete mandated school, specialized Criminal Investigation Classes at the Georgia Public Safety Training Center and a two-day Specialized PREA Investigations Training. If the allegation is not criminal, the facility’s Sexual Abuse Response Team (SART), composed of a facility-based investigator, a representative from medical, and someone from counseling conduct the investigation. The facility-based investigator explained and understood the investigative process and, although he has not had any allegations in years, he could describe a comprehensive approach to conducting sexual abuse investigations. Too, the agency has implemented a computer- based system in which the facility-based investigator inputs the components of the investigation for review by the Agency’s PREA Coordinator and/or Assistant PREA Coordinator. If they believe additional information is needed, they inform the facility- based investigator and will not authorize the close-out of the investigation until the PREA Unit approves the investigation. Interviews with the Facility-Based Investigator, PREA Compliance Manager (also trained to conduct investigations in confinement settings), Agency PREA Coordinator and a Special ---PAGE BREAK--- PREA Audit Report Page 71 of 162 Facility Name – double click to change Agent (previous interview) confirmed the investigative process and the fact that the investigators have all completed specialized training in conducting sexual abuse investigations in confinement settings. Facility-Based Investigators also must complete the PREA Training required of all other employees, and these include attending annual in-service training. This training is documented on multiple training rosters documenting staff completing annual in-service Day1 training. Policy and Documents Reviewed: GDC Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, C. Training and Education, Paragraph 5. Specialized Training Investigations; Certificates documenting specialized training provided by the National Institute of Corrections: Investigating Sexual Abuse in Confinement Settings; Previously Reviewed Training Rosters for SART Training; Multiple Certificates documenting additional training through the National Institute of Corrections. Interviews: Warden; Previous Interview with the Special Agent designated as the PREA Investigator in the Southwest Region; Previous interview with Agency PREA Coordinator; Previous Interview with the Agency Assistant PREA Coordinator; PREA Compliance Manager; Office of Professional Standards Investigator-Facility-Based, Facility-Based Investigator; SART Members. Discussion of Policies and Documents: GDC Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, C. Training and Education, Paragraph 5. Specialized Training, Investigations, requires the Office of Professional Standards to ensure all investigators are appropriately trained in conducting investigations in confinement settings. That 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. The Department is required to maintain documentation of that training. In GDC Facilities, the Sexual Assault Response Team is charged with conducting the initial investigation into issues related to PREA. Their role is to determine if the allegation is indeed PREA related. If the allegation appears to be criminal in nature, the Office of Professional Standards investigators will conduct the investigation with support from the SART. Sexual Assault Response Team members are provided training conducted by the GDC PREA Unit at least twice a year. Training rosters were previously provided documenting the SART attendance at the training. Discussion of interviews: An interview with a Special Agent assigned as the PREA Investigator for the Southwest Region in Georgia confirmed the extensive specialized training these Special Agents receive. He indicated his training consisted of attending the Police Academy followed by attending the Georgia Bureau of Investigations Academy that included extensive training in conducting investigations, including sexual abuse investigations, and training provided by the Department that included most recently a two-day training for investigating sexual assault in a confinement setting. He described the criminal investigation process in detail, including protecting crime scenes, collecting evidence (including swabs), using the Miranda Warning, collecting forensic exams (SANEs), chain of custody for rape kits, interviewing alleged victims and perpetrators and interviewing witnesses. The auditor interviewed, in a previous interview, an Office of Professional Standards, Special Agent, from the Regional Office. The agent articulated the investigative process and the role of the Special Agent in investigating PREA related allegations. He indicated he or other agents would be dispatched ---PAGE BREAK--- PREA Audit Report Page 72 of 162 Facility Name – double click to change by the Regional Office in the event of a sexual assault. He also related that in addition to the NIC Specialized Training taken on-line, (PREA: Investigating Sexual Abuse in Confinement Settings) he attended 600 hours of training provided by the Georgia Bureau of Investigation to become a Special Agent with arrest powers. The auditor also interviewed an OPS Investigator assigned to the prison and the Deputy Warden who was previously a Special Agent. These confirmed the extensive training an investigator with OPS goes through. Special Agents must complete police mandated training and 11-13 weeks of training conducted by the Georgia Bureau of Investigations and covering a wide array of investigations and investigation techniques. The facility-based investigator confirmed receiving the NIC training and SART Training. The facility- based investigator was knowledgeable of the investigation process and correctly responded to the questions from the PRC Questionnaire for Investigators. Standard 115.35: Specialized training: Medical and mental health care All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.35 ▪ Does the agency ensure 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? ☒ Yes ☐ No ▪ Does the agency ensure that all full- and part-time medical and mental health care practitioners who work regularly in its facilities have been trained in how to preserve physical evidence of sexual abuse? ☒ Yes ☐ No ▪ Does the agency ensure that all full- and part-time medical and mental health care practitioners who work regularly in its facilities have been trained in how to respond effectively and professionally to victims of sexual abuse and sexual harassment? ☒ Yes ☐ No ▪ Does the agency ensure that all full- and part-time medical and mental health care practitioners who work regularly in its facilities have been trained in how and to whom to report allegations or suspicions of sexual abuse and sexual harassment? ☒ Yes ☐ No 115.35 ▪ If medical staff employed by the agency conduct forensic examinations, do such medical staff receive appropriate training to conduct such examinations? (N/A if agency medical staff at the facility do not conduct forensic exams.) ☐ Yes ☐ No ☒ NA 115.35 ▪ Does the agency maintain documentation that medical and mental health practitioners have received the training referenced in this standard either from the agency or elsewhere? ☒ Yes ☐ No 115.35 ---PAGE BREAK--- PREA Audit Report Page 73 of 162 Facility Name – double click to change ▪ Do medical and mental health care practitioners employed by the agency also receive training mandated for employees by §115.31? ☒ Yes ☐ No ▪ Do medical and mental health care practitioners contracted by and volunteering for the agency also receive training mandated for contractors and volunteers by §115.32? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The facility has one nurse, a licensed practical nurse. There are no mental health staff at this facility. The agency and facility requires all medical staff, full and part time, to receive training in how to detect signs and of sexual abuse; how to preserve physical evidence; how to respond professionally and effectively to victims of sexual abuse; and how to report all reports, information, allegations, and anything suspected to the shift-OIC of Shift Supervisor and to document the report in a written statement to be provided before leaving the shift. The facility documented the specialized training received by the nurse via a certificate confirming the nurse has completed the online training provided by the National Institute of Corrections, “PREA: Medical Care of Victims of Sexual Abuse in a Confinement Setting.” An interview with the nurse indicated the remembered being trained in all the topics identified in the standards. Medial staff complete the same PREA Training that all other staff receive. This training requires them to minimally complete Day 1, Annual In-Service Training. Day 1 Training was documented on multiple Day 1, Training Rosters. Georgia Department of Corrections (GDC) Policy, in 208.06, Paragraph 5, requires Georgia Department of Corrections medical and mental health staff and Georgia Correctional Healthcare staff who have contact with offenders to be trained using the National Institute of Corrections (NIC) Specialized training. Policy also requires that they also attend GDC’s annual PREA in-service training. That specialized training is provided by the National Institute of Corrections in their on-line courses; Health Care for Victims of Sexual Abuse in Confinement Settings; and Behavioral Health Care for Victims of Sexual Abuse in Confinement Settings. The specialized training includes how to detect and ---PAGE BREAK--- PREA Audit Report Page 74 of 162 Facility Name – double click to change assess signs of sexual abuse and sexual harassment; how to preserve physical evidence, and how to respond effectively and professionally to victims of sexual abuse and sexual harassment. The facility does not perform forensic exams. Victims of sexual abuse would have a forensic exam at the Jefferson County Hospital. The facility has a MOU with the hospital. The reviewed MOU confirmed the hospital will conduct the Sexual Assault Forensic Exam. Policy and Documents Reviewed: Pre-Audit Questionnaire, Department of Corrections Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, C. Training and Education, Paragraph 6, Specialized Training: Medical and Mental Health Care; National Institute of Corrections Certificate documenting specialized training for the facility’s Licensed Practical Nurse; Certificates documenting Communicating Effectively and Professionally with LGBTI Offenders. Interviews: Previous interview with the Agency PREA Coordinator; Warden; PREA Compliance Manager; Licensed Practical Nurse; Sexual Assault Nurse Examiner (two previous interviews with the contracted SANEs); Random and Targeted Inmates Observations: None applicable currently to this standard. Discussions of Policy and Documents: The Pre-Audit Questionnaire documented 100% of the medical staff completing the required specialized training. Department of Corrections Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, C. Training and Education, Paragraph 6, Specialized Training: Medical and Mental Health Care, requires the GDC medical and mental health staff are trained using the NIC Specialized Training PREA Medical and MH Standards curriculum. Certificates of Completion are required to be printed and maintained in the employee training file. Staff also must complete GDC’s annual PREA in-service training and that training is documented on the requested training rosters documenting Day1 Annual In-Service Training. The facility does not conduct forensic examinations. If there was a sexual assault at this facility, the nurse at the prison would not conduct the forensic exam. The exam would be conducted at the Jefferson County Hospital. Staff are trained in PREA as newly hired employees and through annual in- service, just as any other employee of the facility. That training includes recognizing signs and of sexual abuse, first responding as a non-uniformed staff, and how to report allegations of sexual abuse and sexual harassment, including how and to whom to report and follow-up with a written statement. Medical staff are trained in annual in-service training how to respond to allegations and how to protect the evidence from being compromised or destroyed. Discussion of Interviews: An interview with the nurse at the facility indicated she has completed the online specialized training provided by the National Institute of Corrections. “PREA: Medical Care for Victims of Sexual Abuse in a Confinement Setting.” She also affirmed she attends the annual in- service training required for all other employees. SCREENING FOR RISK OF SEXUAL VICTIMIZATION AND ABUSIVENESS Standard 115.41: Screening for risk of victimization and abusiveness All Yes/No Questions Must Be Answered by the Auditor to Complete the Report ---PAGE BREAK--- PREA Audit Report Page 75 of 162 Facility Name – double click to change 115.41 ▪ Are all inmates assessed during an intake screening for their risk of being sexually abused by other inmates or sexually abusive toward other inmates? ☒ Yes ☐ No ▪ Are all inmates assessed upon transfer to another facility for their risk of being sexually abused by other inmates or sexually abusive toward other inmates? ☒ Yes ☐ No 115.41 ▪ Do intake screenings ordinarily take place within 72 hours of arrival at the facility? ☒ Yes ☐ No 115.41 ▪ Are all PREA screening assessments conducted using an objective screening instrument? ☒ Yes ☐ No 115.41 ▪ Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: Whether the inmate has a mental, physical, or developmental disability? ☒ Yes ☐ No ▪ Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: The age of the inmate? ☒ Yes ☐ No ▪ Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: The physical build of the inmate? ☒ Yes ☐ No ▪ Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: Whether the inmate has previously been incarcerated? ☒ Yes ☐ No ▪ Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: Whether the inmate’s criminal history is exclusively nonviolent? ☒ Yes ☐ No ▪ Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: Whether the inmate has prior convictions for sex offenses against an adult or child? ☒ Yes ☐ No ▪ Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: Whether the inmate is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming (the facility affirmatively asks the inmate about his/her sexual orientation and gender identity AND makes a subjective ---PAGE BREAK--- PREA Audit Report Page 76 of 162 Facility Name – double click to change determination based on the screener’s perception whether the inmate is gender non-conforming or otherwise may be perceived to be LGBTI)? ☒ Yes ☐ No ▪ Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: Whether the inmate has previously experienced sexual victimization? ☒ Yes ☐ No ▪ Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: The inmate’s own perception of vulnerability? ☒ Yes ☐ No ▪ Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (10) Whether the inmate is detained solely for civil immigration purposes? ☒ Yes ☐ No 115.41 ▪ In assessing inmates for risk of being sexually abusive, does the initial PREA risk screening consider, when known to the agency: prior acts of sexual abuse? ☒ Yes ☐ No ▪ In assessing inmates for risk of being sexually abusive, does the initial PREA risk screening consider, when known to the agency: prior convictions for violent offenses? ☒ Yes ☐ No ▪ In assessing inmates for risk of being sexually abusive, does the initial PREA risk screening consider, when known to the agency: history of prior institutional violence or sexual abuse? ☒ Yes ☐ No 115.41 ▪ Within a set time period not more than 30 days from the inmate’s arrival at the facility, does the facility reassess the inmate’s risk of victimization or abusiveness based upon any additional, relevant information received by the facility since the intake screening? ☒ Yes ☐ No 115.41 ▪ Does the facility reassess an inmate’s risk level when warranted due to a: Referral? ☒ Yes ☐ No ▪ Does the facility reassess an inmate’s risk level when warranted due to a: Request? ☒ Yes ☐ No ▪ Does the facility reassess an inmate’s risk level when warranted due to a: Incident of sexual abuse? ☒ Yes ☐ No ▪ Does the facility reassess an inmate’s risk level when warranted due to a: Receipt of additional information that bears on the inmate’s risk of sexual victimization or abusiveness? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 77 of 162 Facility Name – double click to change 115.41 ▪ Is it the case that inmates are not ever disciplined for refusing to answer, or for not disclosing complete information in response to, questions asked pursuant to paragraphs or of this section? ☒ Yes ☐ No 115.41 ▪ Has the agency implemented appropriate controls on the dissemination within the facility of responses to questions asked pursuant to this standard in order to ensure that sensitive information is not exploited to the inmate’s detriment by staff or other inmates? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Offenders arriving at the facility either from the Georgia Department of Correction’s Diagnostic Facility in Jackson, Georgia or as a transfer from another facility inmates are assessed for potential for victimization or for being a potential aggressor during the admissions process or if the offender arrives late in the day on Tuesday or Thursday, the next morning and within 24 hours. According to an interview with the counselor conducting the assessments, the assessments are conducted by a counselor and in private. The counselor related the assessment is conducted one-on-one in private and the offender is given the opportunity to feel comfortable before she begins the assessment. Offenders are not sanctioned or disciplined for refusing to answer sensitive questions on the assessment. The PREA Assessment is conducted using the Georgia Department of Corrections Victim/Aggressor Assessment. That instrument considers the following sexual victim factors: • Offender is a former victim of institutional rape or sexual assault • Offender is 25 years old or younger or 60 years or older • Offender is small in physical stature • Offender has a developmental disability/mental illness/physical disability • Offender’s first incarceration • Offender is perceived to be gay/lesbian/bisexual transgender/intersex or gender non-conforming ---PAGE BREAK--- PREA Audit Report Page 78 of 162 Facility Name – double click to change • Offender has a history of prior sexual victimization • Offender’s own perception is that of being vulnerable • Offender has a criminal history that is exclusively non-violent • Offender has a conviction(s) for sex offense against adult and/or child? If question #1 is answered yes, the offender will be classified as a Victim regardless of the other questions. This generates the PREA Victim icon on the SCRIBE Offender Page. If three or more of questions (2-10) are checked, the offender will be classified as a Potential Victim. This will generate the PREA Potential Victim icon on the SCRIBE offender page. The Offender PREA Classification Detail considers the following Sexual Aggressor Factors: • Offender has a history of institutional (prison or jail) sexually aggressive behavior • Offender has a history of sexual abuse or sexual assault toward others (adult or child) • Offender’s current offense is sexual abuse/sexual assault toward others (adult or child) • Offender has a prior conviction(s) for violent offenses If questions #1 is answered yes, the inmate will be classified as a Sexual Aggressor regardless of the other questions. This will generate the PREA Aggressor icon on the SCRIBE Offender page. If two or more of questions (2-4) are checked, the offender will be classified as a Potential Aggressor. This will generate the PREA Potential Aggressor icon on the SCRIBE Offender page. Reassessments are conducted within 30 days of the offender’s arrival at the facility. GDC Policy asserts offenders are reassessed based upon any additional information received, upon an incident, on receiving a referral, based on any information related to sexual abuse or information that may impact sexual abuse. In addition, reassessments are required to be done anytime an inmate goes out of the facility for court and may have had to stay in the county jail awaiting or after court or for any inmate going out for any appointment and returning to the facility. Interviews with a counselor conducting the initial victim/aggressor assessments indicated offenders are assessed during the intake process unless the offender comes later in the day, in which case, the assessment is done the next day. The assessment is done in private and an objective instrument is used. Offenders are not disciplined for refusing to answer sensitive questions. The facility has not had any transgender inmates and if they did staff acknowledged they’d conduct a victim/aggressor assessment every six months to assess the inmate’s safety and any concerns they may have. The auditor reviewed 40 assessments and reassessments. Forty (40) of Forty (40) were reassessed with the required thirty days. The facility also provided a sample of assessments done on inmates who were out of the facility on appointments. The PREA Assessment information is limited to those with a need to know and to those who have that level of access to SCRIBE to review the assessments and reassessments. The offender’s data page posts a flag is an inmate is screened or has ever been screened and identified as either a victim or potential victim or an actual or potential aggressor. ---PAGE BREAK--- PREA Audit Report Page 79 of 162 Facility Name – double click to change Policy and Documents Reviewed: Department of Corrections Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, D. Screening for Risk of Sexual Victimization and Abusiveness, Paragraph 1. Screening for victimization and abusiveness, Victim/Aggressor Classification Instrument; Policy 208.06, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program in paragraph Victim/Aggressor Assessments (40) and Reassessments (40) Interviews: Warden, PREA Compliance Manager/Deputy Warden; Counselor conducting the assessments and reassessments; Interviews with twenty-six (26) inmates Discussion of Policy and Documents: Department of Corrections Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, D. Screening for Risk of Sexual Victimization and Abusiveness, Paragraph 1. Screening for victimization and abusiveness, dated March 2, 2018, requires all inmates be assessed during intake screening and upon transfer to another facility for their risk of being sexually abused by other inmates or sexually abusive toward other inmates. Policy requires counseling staff to conduct a screening for risk of victimization and abusiveness, in SCRIBE, the offender database using the instrument, PREA Sexual Victim/Aggressor Classification Screening Instrument. Policy requires that the assessment is done within 24 hours of arrival at the facility. At this facility, interviews with a Counselor conducting the Victim/Aggressor Assessment and reviewed Victim/Aggressor Assessments indicated that the assessments are done as part of the admissions process and are done well within 24 hours of admission. All the reviewed assessments were completed within 24 hours of admission. Inmate interviews indicated they remembered being asked the PREA related questions either the day of admission or the next. Information from the screening will be used to inform housing, bed assignment, work, education and program assignments. Policy requires that outcome of the screening is documented in SCRIBE. The Offender PREA Classification Details considers all the following sexual victim factors: • Offender is a former victim of institutional rape or sexual assault • Offender is 25 years old or younger or 60 years or older • Offender is small in physical stature • Offender has a developmental disability/mental illness/physical disability • Offender’s first incarceration • Offender is perceived to be gay/lesbian/bisexual transgender/intersex or gender non-conforming • Offender has a history of prior sexual victimization • Offender’s own perception is that of being vulnerable • Offender has a criminal history that is exclusively non-violent • Offender has a conviction(s) for sex offense against adult and/or child? If question #1 is answered yes, the offender will be classified as a Victim regardless of the other questions. This generates the PREA Victim icon on the SCRIBE Offender Page. If three or more of questions (2-10) are checked, the offender will be classified as a Potential Victim. This will generate the PREA Potential Victim icon on the SCRIBE offender page. ---PAGE BREAK--- PREA Audit Report Page 80 of 162 Facility Name – double click to change The Offender PREA Classification Detail considers the following Sexual Aggressor Factors: • Offender has a history of institutional (prison or jail) sexually aggressive behavior • Offender has a history of sexual abuse or sexual assault toward others (adult or child) • Offender’s current offense is sexual abuse/sexual assault toward others (adult or child) • Offender has a prior conviction(s) for violent offenses If questions #1 is answered yes, the inmate will be classified as a Sexual Aggressor regardless of the other questions. This will generate the PREA Aggressor icon on the SCRIBE Offender page. If two or more of questions (2-4) are checked, the offender will be classified as a Potential Aggressor. This will generate the PREA Potential Aggressor icon on the SCRIBE Offender page. The counselor conducting the assessments accurately described the items that are considered and reviewed during the intake process. GDC Policy 208.06, Attachment 4 also states in situations where the instrument classifies the offender as both Victim and Aggressor counselors are instructed to thoroughly review the offender’s history to determine which rating will drive the offender’s housing, programming, etc. This also is required to be documented in the offender SCRIBE case notes, with an alert note indicating which the controlling rating is. Staff are required to encourage inmates to respond to the questions to better protect them, but staff are prohibited from disciplining them for not answering any of the questions. The screening process considers minimally, the following criteria to assess inmate’s risk of sexual victimization: Whether the inmate has a mental, physical, or developmental disability; the age of the inmate; the physical build of the inmate; whether the inmate has been previously incarcerated; whether the inmate’s criminal history is exclusively nonviolent; whether the inmate has prior conviction for sex offenses against an adult or child; whether the inmate is or is perceived to be gay, lesbian, bisexual, transgender, intersex or gender nonconforming; whether the inmate has previously experienced sexual victimization; the inmate’s own perception of vulnerability and whether the inmate is detained soley for civil immigration purposes. It also considers prior acts of sexual abuse, prior convictions for violent offenses and history of prior institutional violence or sexual abuse, as known by the Department, Other factors considered are physical appearance, demeanor, special situations or special needs, social inadequacy and developmental disabilities. Policy requires offenders whose risk screening indicates a risk for victimization or abusiveness is required to be reassessed when warranted and within 30 days of arrival at the facility based up on any additional information and when warranted due to a referral, report or incident of sexual abuse or receipt of additional information that bears on the inmate’s risk of sexual victimization or abusiveness. Policy requires that any information related to sexual victimization or abusiveness, including the information entered into the comment section of the Intake Screening Form, is limited to a need-to- know basis for staff, only for the purpose of treatment and security and management decisions, such as housing and cell assignments, as well as work, education and programming assignments. The information from the risk screening is required to be used to determine 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. ---PAGE BREAK--- PREA Audit Report Page 81 of 162 Facility Name – double click to change Policy 208.06, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program in paragraph 9, requires the Warden to designate a safe dorm or safe beds for offenders identified as highly vulnerable to sexual abuse. The location of these safe beds is identified in the Facility Stratification Plan. The facility has safe beds to house potential victims. The Counselor stated in her interview that the facility will make individualized determinations about how to ensure the safety of each offender. In making housing assignments for transgender or intersex offenders, the Department requires staff to consider 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. Also, in compliance with the PREA Standards, placement and programming assignments for each transgender or intersex offender will be reassessed at least twice a year to review any threats to safety experienced by the offender. This facility did not have any assigned transgender offenders during the audit. Policy also requires that offenders who are at high risk for sexual victimization will not be placed in involuntary segregation unless an assessment of all available alternatives have been made, and determination has been made that there is no available alternative means of separation from likely abusers. If an assessment cannot be conducted immediately, the offender may be held in involuntary segregation no more than 24 hours while completing the assessment. The placement, including the concern for the offender’s safety must be noted in SCRIBE case notes documenting the concern for the offender’s safety and the reason why no alternative means of separation can be arranged. Inmates would receive services in accordance with SOP 209-06, Administrative Segregation. The facility will assign inmates to involuntary segregated housing only until an alternative means of separation from likely abusers can be arranged. The assignment will not ordinarily exceed thirty days. An interview with the Warden indicated inmates would not be placed in segregated housing unless they requested it. Policy requires that offenders whose risk screening indicates a risk for victimization, or abusiveness will be reassessed whenever warranted due to an incident, disclosure or allegation of sexual abuse or sexual harassment. It also requires all offenders to be reassessed within 30 days of arrival at the facility. A case note must be entered into SCRIBE to indicate when the reassessment was conducted. The auditor selected and reviewed 40 reassessments, all done within the 30 days following admission. Screening is required to be conducted, in private in an office with the door closed, within 24 hours of arrival at the facility. A counselor who conducts the screening stated the initial PREA Assessment is conducted in the intake area, away from other inmates. When asked if that afforded the inmates privacy for answering those personal questions, the staff affirmed there are not inmates around or within hearing distance. They stated they ask the questions and the inmate responds. They also indicated the screening takes place the same day the inmate is admitted and is a part of the admissions and intake process and if the inmate arrives late in the day on Tuesday or Thursday, they are assessed the next morning, and within 24 hours of admission. The staff responsible for conducting the PREA Assessments are general population counselors. The senior counselor and chief counselor indicated the screening is conducted during the admissions/intake process and that the screening is done in a cubicle or intake area away from other offenders. Assessments are done one on one. Staff related they consider the offender’s history, including a history of violent or non-violent offenses, whether he has a previous history of being abused or being an abuser, age, build, age, sexual orientation and the other questions that are on the assessment instrument. She related she also asks if the inmate has any concerns for his safety here at this facility. ---PAGE BREAK--- PREA Audit Report Page 82 of 162 Facility Name – double click to change The counselor also related if an offender discloses previous victimization the offender is offered a follow-up with mental health. The follow-up would be provided at Baldwin State Prison. The auditor reviewed 40 assessments and none of the reviewed assessments documented an inmate disclosing previous sexual victimization. Discussion of Interviews: Staff use the GDC Form PREA Sexual Victim/Sexual Aggressor Classification Screening and the questions are asked orally. The staff stated they cannot require an inmate to answer any of the questions on the assessment nor can inmates be disciplined for not doing so. The screening form considers things such as: 1) Prior victimization, 2) Weight, 3) Age, 4) Body type, 5) Disability, 6) Mental issues, 7) First incarceration or not, 8) Criminal history that is non-violent, 9) Sexual offenses, 10) Sexual abuse against adults, children etc., 11) Current offense, and 12) Prior convictions for violence. Staff also related that instead of stature the department instruments populate information in the system to assign a score for body mass index. Staff also related that they go into SCRIBE, the offender database, to look for any previous flags, criminal history, and disciplinary actions involving the offender. The interviewed counselor related that she checks SCRIBE to cross check the responses of the offender. If an inmate endorses the 1st question regarding being a victim previously in an institutional setting, the resident is identified as a Risk for Victimization. If a resident endorses the first question on the abusive scale, he is designated as at Risk for Abusiveness. Reassessments, according to staff, are required to be completed, within 30 days after the initial assessment and if an offender is away from the facility for more than 24 hours. Nineteen (19) of the Twenty-Six (26) interviewed offenders stated they recalled being asked the Assessment Questions. Eighteen (18) said they were assessed either the day they were admitted or the next day. They also consistently said the interviews and assessments were conducted one on one, in private. Standard 115.42: Use of screening information All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.42 ▪ Does the agency use information from the risk screening required by § 115.41, with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive, to inform: Housing Assignments? ☒ Yes ☐ No ▪ Does the agency use information from the risk screening required by § 115.41, with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive, to inform: Bed assignments? ☒ Yes ☐ No ▪ Does the agency use information from the risk screening required by § 115.41, with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive, to inform: Work Assignments? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 83 of 162 Facility Name – double click to change ▪ Does the agency use information from the risk screening required by § 115.41, with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive, to inform: Education Assignments? ☒ Yes ☐ No ▪ Does the agency use information from the risk screening required by § 115.41, with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive, to inform: Program Assignments? ☒ Yes ☐ No 115.42 ▪ Does the agency make individualized determinations about how to ensure the safety of each inmate? ☒ Yes ☐ No 115.42 ▪ When deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, does the agency consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether a placement would present management or security problems (NOTE: if an agency by policy or practice assigns inmates to a male or female facility on the basis of anatomy alone, that agency is not in compliance with this standard)? ☒ Yes ☐ No ▪ When making housing or other program assignments for transgender or intersex inmates, does the agency consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether a placement would present management or security problems? ☒ Yes ☐ No 115.42 ▪ Are placement and programming assignments for each transgender or intersex inmate reassessed at least twice each year to review any threats to safety experienced by the inmate? ☒ Yes ☐ No 115.42 ▪ Are each transgender or intersex inmate’s own views with respect to his or her own safety given serious consideration when making facility and housing placement decisions and programming assignments? ☒ Yes ☐ No 115.42 ▪ Are transgender and intersex inmates given the opportunity to shower separately from other inmates? ☒ Yes ☐ No 115.42 ▪ Unless 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 lesbian, gay, bisexual, transgender, or intersex inmates, does the agency always refrain from placing: ---PAGE BREAK--- PREA Audit Report Page 84 of 162 Facility Name – double click to change lesbian, gay, and bisexual inmates in dedicated facilities, units, or wings solely on the basis of such identification or status? ☒ Yes ☐ No ▪ Unless 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 lesbian, gay, bisexual, transgender, or intersex inmates, does the agency always refrain from placing: transgender inmates in dedicated facilities, units, or wings solely on the basis of such identification or status? ☒ Yes ☐ No ▪ Unless 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 lesbian, gay, bisexual, transgender, or intersex inmates, does the agency always refrain from placing: intersex inmates in dedicated facilities, units, or wings solely on the basis of such identification or status? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Policy requires the agency and the facility use the information from the risk screening required by § 115.41, with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive, to inform: Housing Assignments; Bedding; Work Details; Education Assignments and Program Assignments. This is required in GDC Policy 208.06, D. Screening for Risk of Victimization and Abusiveness, Use of Screening Information. This facility conducts assessments on all incoming offenders for their vulnerability and potential for victimization and for abusing. Interviews indicated the Lieutenant, Chief of Security makes the initial housing assignments based on information in SCRIBE, the offender database. The chief Counselor said initial housing assignments also consider age and size and younger offenders and other vulnerable offenders are placed in dorms toward the front. Following the initial assignment, the classification committee meets weekly to determine, on a case by case basis, housing, program, and detail assignments taking into consideration all the available information. The classification committee chairman has access to SCRIBE and can review the inmate’s records. Staff also indicated that prior to a move, staff authorized to make moves checks SCRIBE. ---PAGE BREAK--- PREA Audit Report Page 85 of 162 Facility Name – double click to change Placement and programming assignments are based on the risk screening conducted within 24 hours of admission, as well as any other pertinent information contained in the inmate’s file or in the offender database known as SCRIBE. The initial PREA Assessment may be used to determine housing initially however the classification committee of the facility meets weekly and considers the available information from a variety of sources, including the inmate’s file, offender database, and any screening done at the facility prior to the classification committee meeting. Policy and Documents Reviewed: GDC Policy 208.6, D. Screening for Risk of Victimization and Abusiveness, Paragraph 2. Use of Screening Information; (40) Reviewed Assessments and (40) Reviewed Reassessments Interviews: Warden; PREA Compliance Manager/Deputy Warden; Chief Counselor; Counselor Conducting Victim/Aggressor Assessments; ID Officer; Members of the Classification Committee Discussion of Policies and Documents: GDC Policy 208.6, D. Screening for Risk of Victimization and Abusiveness, Paragraph 2. Use of Screening Information, requires that information from the risk screening is used to inform housing, bed, work, education and program assignments, the goal of which is to keep separate those inmates at high risk of being sexually victimized from those at high risk for being sexually abusive. Wardens and Superintendents are required to designate a safe dorm for those inmates (inmates) identified as vulnerable to sexual abuse. Facilities will make individualized determinations about how to ensure the safety of each inmate. In the event the facility had a transgender inmate, the Department requires the facility to consider on a case by case basis whether a placement would ensure the inmate’s health and safety and whether the placement would present management or security problems. Placement and program assignments for each transgender or intersex inmate is to be reassessed at least twice a year. Policy also requires that inmates at high risk for sexual victimization will not be placed in involuntary segregated housing unless an assessment of all available alternatives have been made and there is no alternative means of separation from likely abusers. If an assessment cannot be made immediately the offender may be held in involuntary segregation for no more than 24 hours while completing the assessment. The placement and justifications for placement in involuntary segregation must be noted in SCRIBE. While in any involuntary segregation, the offender will have access to programs as described in GDC SOP 209.06, Administrative Segregation which also provides for reassessments as well and the offender will be kept in involuntary segregated housing for protection only until a suitable and safe alternative is identified. Potential victims are assigned to general population dorms and are not housed in designated dorms however, safe beds have been identified in several of the dorms. The PREA Compliance Manager, who is also the Deputy Warden of Care and Treatment advised the auditor that the facility takes into account the offender’s maturity, age, size and other factors and would consider placement with more mild, mature, older offenders and/or in the front of the dorm closest to the front. The classification committee meets weekly and reviews the inmate’s record and file and if they determine an offender needs to be moved, he will be moved. They also consider the inmates safety in making assignments to details and programs, although programs are very limited. There are no transgender inmates assigned to this facility. Staff stated that transgender inmates would be asked if they felt vulnerable and if so, what the committee might do to make them feel safer. ---PAGE BREAK--- PREA Audit Report Page 86 of 162 Facility Name – double click to change Staff indicated that any offender’s views for their own safety would be given serious consideration. They also stated if a transgender inmate requested to shower separately because of safety and personal issues, the facility would strive to arrange that. Housing assignments for each transgender inmate would be made, according to staff, based on the PERA Assessment and the inmate’s feelings regarding safety. Standard 115.43: Protective Custody All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.43 ▪ Does the facility always refrain from placing inmates at high risk for sexual victimization 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? ☒ Yes ☐ No ▪ If a facility cannot conduct such an assessment immediately, does the facility hold the inmate in involuntary segregated housing for less than 24 hours while completing the assessment? ☒ Yes ☐ No 115.43 ▪ Do inmates who are placed in segregated housing because they are at high risk of sexual victimization have access to: Programs to the extent possible? ☒ Yes ☐ No ▪ Do inmates who are placed in segregated housing because they are at high risk of sexual victimization have access to: Privileges to the extent possible? ☒ Yes ☐ No ▪ Do inmates who are placed in segregated housing because they are at high risk of sexual victimization have access to: Education to the extent possible? ☒ Yes ☐ No ▪ Do inmates who are placed in segregated housing because they are at high risk of sexual victimization have access to: Work opportunities to the extent possible? ☒ Yes ☐ No ▪ If the facility restricts access to programs, privileges, education, or work opportunities, does the facility document: The opportunities that have been limited? ☒ Yes ☐ No ▪ If the facility restricts access to programs, privileges, education, or work opportunities, does the facility document: The duration of the limitation? ☒ Yes ☐ No ▪ If the facility restricts access to programs, privileges, education, or work opportunities, does the facility document: The reasons for such limitations? ☒ Yes ☐ No 115.43 ---PAGE BREAK--- PREA Audit Report Page 87 of 162 Facility Name – double click to change ▪ Does the facility assign inmates at high risk of sexual victimization to involuntary segregated housing only until an alternative means of separation from likely abusers can be arranged? ☒ Yes ☐ No ▪ Does such an assignment not ordinarily exceed a period of 30 days? ☒ Yes ☐ No 115.43 ▪ If an involuntary segregated housing assignment is made pursuant to paragraph of this section, does the facility clearly document: The basis for the facility’s concern for the inmate’s safety? ☒ Yes ☐ No ▪ If an involuntary segregated housing assignment is made pursuant to paragraph of this section, does the facility clearly document: The reason why no alternative means of separation can be arranged? ☒ Yes ☐ No 115.43 ▪ In the case of each inmate who is placed in involuntary segregation because he/she is at high risk of sexual victimization, does the facility afford a review to determine whether there is a continuing need for separation from the general population EVERY 30 DAYS? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The reviewed Pre-Audit Questionnaire and Interviewed staff indicated the facility has not had any inmates at risk of sexual victimization who were held in involuntary segregated housing in the past 12 months for one to 24 hours awaiting completion of an assessment. It also affirmed there have been no inmates who were held in involuntary or segregated housing in the past 12 months for longer than 30 days while awaiting alternative placement. There have been no inmates placed in involuntary segregation as the result of having a high potential for victimization or for being at risk of imminent sexual abuse. This was confirmed through reviewing the ---PAGE BREAK--- PREA Audit Report Page 88 of 162 Facility Name – double click to change sampled inmate files, and interviews with the Warden, PREA Compliance Manager, Staff Supervising Segregation, and randomly selected and targeted inmates. The Warden indicated, in an interview, that offenders at high risk for victimization would not be placed in segregated housing unless the offender requested it. Policy and Documents Reviewed: Georgia GDC Policy, 208.06, IV.d.3 (a-d) Administrative Segregation; GDC Standard Operating Procedures, IIB09-0002, Segregation- Tier 1: Disciplinary, Protective Custody, and Transient Housing; Coordinated Response Plan; PREA Reports; Hot Line Call Report from the Georgia Department of Corrections PREA Unit, Interviews: Warden, PREA Compliance Manager; Staff supervising segregation; Randomly selected; (13) Specialized staff; (19) Inmates, including those randomly selected inmates and targeted Inmates Discussion of Policy and Documents: The facility documented and interviews indicated that the facility did not place any inmate in involuntary segregation/protective custody during the past twelve months nor were there any inmates at risk of sexual victimization who were assigned to involuntary segregated housing at all; none held for 24 hours awaiting assessment and none in the past 12 months for longer than 30 days while awaiting alternate placement. Staff were aware however of the requirements of GDC policy which is consistent with the PREA Standards. The Georgia GDC Policy, 208.06, IV.d.3 (a-d) Administrative Segregation, requires that 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. If an assessment cannot be conducted immediately, the offender may be held in involuntary segregation no more than 24 hours while completing the assessment. This placement, including the concern for the inmate’s safety is noted in SCRIBE case notes documenting the concern for the offender’s safety and the reason why no alternative means of separation can be arranged. The inmate will be assigned to involuntary segregated housing only until an alternative means of separation can be arranged. Assignment does not ordinarily exceed a period of 30 days. Inmates at high risk for sexual victimization are housed in the general population. They are not placed in segregated housing and would not be placed there unless there were no other options for safely housing the inmate/resident. Inmates identified as having a risk for victimization would be housed in one of the safer dormitories and are to be placed toward the front of the dormitory where they can be viewed more easily by staff roving between the dorms and anyone walking by the dormitory. If there was no place to safely house a potential or actual victim, the victim will be temporarily housed in the administrative segregation area but would be expeditiously transferred to another facility. Staff indicated If an inmate were assigned to involuntary segregated housing, policy requires, and staff understand it is 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 the facility uses involuntary segregation to keep an inmate safe, the facility documents the basis for their concerns for the inmate’s safety and the reason why no alternative means of separation can be arranged. Reviews are conducted every 30 days to determine whether there is a continuing need for separation from the general population. Inmates in involuntary protective custody, in compliance with policy, will, according to staff supervising segregation, have access to programs and services like those of the general population, including ---PAGE BREAK--- PREA Audit Report Page 89 of 162 Facility Name – double click to change access to medical care, mental health, recreation/exercise, education, and the phone consistent with security needs. Discussion of Interviews: Interviews with the Warden indicated that there have been no inmates placed in involuntary protective custody in the past 12 months. Inmates who are at high risk for sexual victimization would be placed in another dormitory unless that inmate requested protective custody. If, there were no other means available to keep the inmate safe at this facility he would be transferred to another facility. If they were placed in involuntary protective custody the justification would be documented. A staff who supervises segregation indicated that staff would try not to put an offender in segregation in the interested of not “punishing” a victim or potential victim. He indicated the offender placed in involuntary protective custody would have access to education, counselors, recreation, medical, and counseling daily, REPORTING Standard 115.51: Inmate reporting All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.51 ▪ Does the agency provide multiple internal ways for inmates to privately report: Sexual abuse and sexual harassment? ☒ Yes ☐ No ▪ Does the agency provide multiple internal ways for inmates to privately report: Retaliation by other inmates or staff for reporting sexual abuse and sexual harassment? ☒ Yes ☐ No ▪ Does the agency provide multiple internal ways for inmates to privately report: Staff neglect or violation of responsibilities that may have contributed to such incidents? ☒ Yes ☐ No 115.51 ▪ Does the agency also provide at least one way for inmates to report sexual abuse or sexual harassment to a public or private entity or office that is not part of the agency? ☒ Yes ☐ No ▪ Is that private entity or office able to receive and immediately forward inmate reports of sexual abuse and sexual harassment to agency officials? ☒ Yes ☐ No ▪ Does that private entity or office allow the inmate to remain anonymous upon request? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 90 of 162 Facility Name – double click to change ▪ Are inmates detained solely for civil immigration purposes provided information on how to contact relevant consular officials and relevant officials at the Department of Homeland Security? ☒ Yes ☐ No 115.51 ▪ Does staff accept reports of sexual abuse and sexual harassment made verbally, in writing, anonymously, and from third parties? ☒ Yes ☐ No ▪ Does staff document any verbal reports of sexual abuse and sexual harassment? ☒ Yes ☐ No 115.51 ▪ Does the agency provide a method for staff to privately report sexual abuse and sexual harassment of inmates? ☒ Yes ☐ No Auditor Overall Compliance Determination ☒ Exceeds Standard (Substantially exceeds requirement of standards) ☐ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Jefferson County Correctional Institution provides multiple ways for inmates to report both internally and externally. These include multiple ways to internally and privately report allegations of sexual abuse, sexual harassment, retaliation and staff neglect or violations that may have contributed to the incident. Additionally, the agency provides a way for inmates to report to a public or private entity that is not a part of the agency. The Director of Victim Services, Officer of Pardons and Parole is such an entity. This facility is a medium security facility housing offenders who have been convicted of felony crimes and are serving incarceration in the prison. The prison does not house any inmates who are being detained soley for civil immigration purposes. Staff at this facility, in compliance with GDC Policy and the PREA Standards, accepts and requires all employees, contactors and volunteers to accept reports from all sources, including those from third parties and reports made anonymously. Interviews with staff indicated they would take reports from all sources and report them to their immediate supervisor followed by a written report or statement ---PAGE BREAK--- PREA Audit Report Page 91 of 162 Facility Name – double click to change completed prior to leaving the shift. Policy requires that they report these to their immediate supervisor immediately and/or Designated SART member and follow-up with a written witness statement or incident report prior to the end of their shift. Interviewed staff indicated they would be disciplined for failing to report and that would most likely be termination. Volunteers report to the first Correctional Staff they see. Staff may report allegations of sexual abuse and sexual harassment in the same ways the inmates may make. The PREA Brochure, Sexual Assault, Sexual Harassment, Prison Rape Elimination Act, How to Prevent It, How to Report It, provided to offenders upon admission to the facility, advises inmates that reporting is the first step and includes the following ways to report: • PREA Hotline • Statewide PREA Coordinator (contact information provided) • Ombudsman (mailing address and phone number provided) • Director of Victim Services (mailing address provided). Inmates are educated on ways they can report through multiple sources. These include information provided to them at intake and during orientation, including to outside entities such as the Ombudsman, and the Office of Victim Services, and through multiple PREA Posters located throughout the facility and in every living unit. Interviewed inmates stated they have been provided this information not only at this prison but also in every other prison they have been in in the State of Georgia. The facility also provides inmates the tools to make reports. Basic telephones are provided in each dormitory enabling inmates to communicate with family and others on their approved list. They can also use the phone to report via the PREA Hotline allegations of sexual abuse and sexual harassment to the PREA Unit. The PREA Phone enables offenders to make calls to the PREA Unit without having to enter a personally identifying number so offenders can make an anonymous report that way. The auditor observed phones in every dorm in the prison. Each dormitory has a Kiosk enabling offenders to email family and to notify staff. Staff are trained to treat all allegations as confidential. Therefore, when allegations are reported up the chain of command, they are kept private and are only forwarded to the Warden and duty officer, who then determines who else needs to be notified. Typically, only the Sexual Assault Response Team, Georgia Department of Corrections PREA Coordinator, and the Georgia Department of Corrections Internal Investigations (Office of Professional Standards) will be informed. To report outside the facility inmates can call the PREA Hotline. The hotline enables offenders to report anonymously in that the offender does not have to put in his personal identification number. Offenders may write the Ombudsman (phone number provided); write the State Board of Pardons and Parole Victim Services (contact information provided); call the Georgia Department of Corrections Tip Line (and remain anonymous); write or call the GDC PREA Coordinator; and tell a family member by phone, letter or during visitation. Within the facility they can report to a staff member, write a note, send a request, tell medical, send a “kite” or file a grievance. They may report to their attorney’s either via phone, in person or via letter. An analysis of staff interviews confirmed that inmates have multiple ways to report and are aware of multiple ways to report. The analysis indicated inmates would report as follows: ---PAGE BREAK--- PREA Audit Report Page 92 of 162 Facility Name – double click to change • (23) Staff, including Correctional and Non-Uniform Staff • (17) Hotline • (17) Family • (12) Phone • (08) Kiosk • (05) Letter • (04) Note • (05) Warden • (02) Grievance Twenty-Two (22) of Twenty-Six (26) interviewed inmates said they knew they could make a report without having to give their name. Twenty (20) of Twenty-Six (26) interviewed inmates said they believed staff would take a report of sexual abuse seriously. 100% of the Twenty-Six (26) interviewed inmates said they have never reported either to the authorities in person or in writing that they were sexually abused in this facility. Staff who fail to report allegations of sexual abuse or sexual harassment will be held accountable and sanctioned through dismissal. Allegations must result in staff reporting verbally immediately and filing an incident report or witness statement prior to the end of the shift. Interviewed staff indicated they would take a report of sexual abuse or sexual harassment from any source and take all of them seriously and report it to their immediate supervisor and follow-up with a written report, either a witness statement or incident report, prior to the end of the shift. Policy and Documents Reviewed: Pre-Audit Questionnaire; Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, E. Reporting, 1. Inmate Reporting; The GDC policy (208.06, 2. Offender Grievances); Standard Operating Procedure 227.02, Statewide Grievance Procedures; brochure entitled, “Sexual Assault, Sexual Harassment, Prison Rape Elimination Act (PREA), Reporting is the First Step; Inmate Handbook, “Sexual Assault and Sexual Harassment Prison Rape Elimination Act (PREA) How to Prevent it; How to report it”; GDC Policy IIA23-0001, Consular Notification;. Report from the PREA Analyst documenting calls to the PREA Hotline in the past 12 months; Staff Guide on the Prevention and Reporting of Sexual Misconduct; ‘ Analysis of 26 Inmate Questionnaire. Interviews: Twenty-Six (26) Inmates; Thirteen (13) randomly selected staff representing a cross section of positions; and Nineteen (19) specialized staff; Warden; Deputy Warden Observations: Phones in each dorm with dialing instructions; Kiosks for reporting sexual abuse; Multiple PREA Related Posters in Dorms and throughout the Facility Discussion of Policy and Documents: Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, E. Reporting, 1. Inmate Reporting, provides multiple ways for inmates to report. These include making reports in writing, verbally, through the inmate PREA Hotline and by mail to the Department Ombudsman Office. Inmates are encouraged to report allegations immediately and directly to staff at all levels. Reports are required to be documented. The Department has provided inmates a sexual abuse hotline enabling inmates to report via telephone without the use of the inmate’s pin number. If an inmate wishes to remain anonymous or ---PAGE BREAK--- PREA Audit Report Page 93 of 162 Facility Name – double click to change report to an outside entity, he may do so in writing to the State Board of Pardons and Paroles, Office of Victim Services (address provided). Additionally, the resident is provided contract information, including dialing instructions for reporting via the GDC Tip Line. The instructions tell the resident the Tip Line is for anonymous reporting of staff and inmate suspicions and illegal activity. Staff have been instructed and trained to accept reports made both verbally and in writing from third parties and document them. Inmates may file grievances as well however the agency has determined and asserted in the revised Standard Operating Procedure that allegations of sexual abuse and sexual harassment are not grievable issues because of the potential for losing time in responding. If, however a grievance is received and determined to be PREA related, the grievance is immediately turned over to the SART and an investigation begins. Third Party reports may be made to the Ombudsman’s Office or in writing to the State Board of Pardons and Paroles, Office of Victim Services (address provided). Interviews with staff, both random and specialized confirmed staff are required and trained to accept all reports, regardless of how they are made and regardless of the source, to notify their supervisor and write either an incident report or a statement as directed by the supervisor to document receipt of verbal reports, third party reports, anonymous reports etc. The GDC Grievance Policy has designated allegations of sexual assault or sexual harassment as not grievable, however the policy requires that in the event an inmate files a grievance alleging sexual abuse or sexual harassment it is immediately turned over to the SART to begin an investigation into the allegation. Reviewed investigation reports indicated inmates still do use the grievance to report. Inmates also have access to outside confidential support services including those identified in the PREA Brochure given to inmates during the admission process and posted throughout the prison. The following ways to report are provided: Call PREA; to any staff member; to the Statewide PREA Coordinator, to the Ombudsman (phone number provided), to the Director of Victim Services (mailing address provided). GDC Policy IIA23-0001, Consular Notification affirms it is the policy of GDC that the Consulate General of an inmate’s native country be kept informed as the inmate’s cusdoty status or occurrences to the Vienna Convention on Consular Relations. Inmates will be provided information on how to access Foreign Counsular Offices in the United States. This information is available for download at http://www.state.gov/s/cpr/ris/fco This policy prescribes the GDC’s responsibility for notificaiton and that the inmate be informed of such notification. Foreign National inmates are allowed visitation with representatives from the Consulate General of his/her native country. The visit must be scheduled at least 24 hours in advance unless the Warden approves a shorter time period. Inmates may call anyone on their approved list. They may also call their attorney’s if they have one. Inmates have the opportunity to report through visits with family, calling family, or writing families. Inmates have multiple ways to report allegations of sexual abuse or sexual harassment internally and externally. They may report by calling the PREA Hotline, write the Ombudsman, write the State Board of Pardons and Parole, Victim Services, report to the Agency’s PREA Coordinator, to staff, friends, family and inmates, report via the grievance process, the GDC Tip Line, the Director of Victim Services and by telling a trusted staff. Multiple PREA related posters were observed posted throughout the facility keeping PREA information continuously available to inmates. Zero Tolerance Posters, located throughout the facility, as well as ---PAGE BREAK--- PREA Audit Report Page 94 of 162 Facility Name – double click to change other PREA related posters, explaining that inmates have the right to report and listing some ways inmates may choose to report. Discussion of Interviews: Formal interviews with 26 inmates and informal interviews with inmates confirmed that they understand and are aware of how to report sexual assault/abuse or sexual harassment. They indicated they would report primarily by reporting to staff. Next most common was using the PREA Hotline. Five inmates said they would report to the Warden. Twenty-Five interviewed offenders said they believed staff would take a report or allegation of sexual abuse seriously. Staff related multiple ways inmates could report and stated they would take every allegation seriously regardless of the source of the allegation. When asked if they would take an anonymous report and report it; 100% said they would and that they would document it in writing after verbally reporting it. They also indicated they would take a third-party report, report it verbally, and follow-up with a written statement prior to the end of the shift. Standard 115.52: Exhaustion of administrative remedies All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.52 ▪ Is the agency exempt from this standard? NOTE: The agency is exempt ONLY if it does not have administrative procedures to address inmate grievances regarding sexual abuse. This does not mean the agency is exempt simply because an inmate does not have to or is not ordinarily expected to submit a grievance to report sexual abuse. This means that as a matter of explicit policy, the agency does not have an administrative remedies process to address sexual abuse. ☐ Yes ☐ No ☒ NA 115.52 ▪ Does the agency permit inmates to submit a grievance regarding an allegation of sexual abuse without any type of time limits? (The agency may apply otherwise-applicable time limits to any portion of a grievance that does not allege an incident of sexual abuse.) (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA ▪ Does the agency always refrain from requiring an inmate to use any informal grievance process, or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA 115.52 ▪ Does the agency ensure that: An inmate who alleges sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the complaint? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA ---PAGE BREAK--- PREA Audit Report Page 95 of 162 Facility Name – double click to change ▪ Does the agency ensure that: Such grievance is not referred to a staff member who is the subject of the complaint? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA 115.52 ▪ Does the agency issue a final agency decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance? (Computation of the 90-day time period does not include time consumed by inmates in preparing any administrative appeal.) (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA ▪ If the agency claims the maximum allowable extension of time to respond of up to 70 days per 115.52(d)(3) when the normal time period for response is insufficient to make an appropriate decision, does the agency notify the inmate in writing of any such extension and provide a date by which a decision will be made? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA ▪ At any level of the administrative process, including the final level, if the inmate does not receive a response within the time allotted for reply, including any properly noticed extension, may an inmate consider the absence of a response to be a denial at that level? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA 115.52 ▪ Are third parties, including fellow inmates, staff members, family members, attorneys, and outside advocates, permitted to assist inmates in filing requests for administrative remedies relating to allegations of sexual abuse? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA ▪ Are those third parties also permitted to file such requests on behalf of inmates? (If a third-party files such a request on behalf of an inmate, the facility may require as a condition of processing the request that the alleged victim agree to have the request filed on his or her behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process.) (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA ▪ If the inmate declines to have the request processed on his or her behalf, does the agency document the inmate’s decision? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA 115.52 ▪ Has the agency established procedures for the filing of an emergency grievance alleging that an inmate is subject to a substantial risk of imminent sexual abuse? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA ▪ After receiving an emergency grievance alleging an inmate is subject to a substantial risk of imminent sexual abuse, does the agency immediately forward the grievance (or any portion thereof that alleges the substantial risk of imminent sexual abuse) to a level of review at which immediate corrective action may be taken? (N/A if agency is exempt from this standard.). ☐ Yes ☐ No ☒ NA ---PAGE BREAK--- PREA Audit Report Page 96 of 162 Facility Name – double click to change ▪ After receiving an emergency grievance described above, does the agency provide an initial response within 48 hours? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA ▪ After receiving an emergency grievance described above, does the agency issue a final agency decision within 5 calendar days? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA ▪ Does the initial response and final agency decision document the agency’s determination whether the inmate is in substantial risk of imminent sexual abuse? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA ▪ Does the initial response document the agency’s action(s) taken in response to the emergency grievance? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA ▪ Does the agency’s final decision document the agency’s action(s) taken in response to the emergency grievance? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA 115.52 ▪ If the agency disciplines an inmate for filing a grievance related to alleged sexual abuse, does it do so ONLY where the agency demonstrates that the inmate filed the grievance in bad faith? (N/A if agency is exempt from this standard.) ☐ Yes ☐ No ☒ NA Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Policy and Documents Reviewed: Pre-Audit Questionnaire; GDC Policy, 227.02, Statewide Grievance Process; Page 5 of the Statewide Grievance Policy, Paragraph Paragraph F. Emergency Grievances Procedure; DOC Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, F. Reporting, Paragraph 2 ---PAGE BREAK--- PREA Audit Report Page 97 of 162 Facility Name – double click to change Interviews: Warden; Deputy Warden/ PREA Compliance Manager; Grievance Officer; Thirteen (13) Randomly selected staff; Nineteen (19) Specialized Staff; Twenty-Six (26) inmates formally interviewed; inmates informally interviewed. Discussion of Policies and Documents: 208.6, E.3, Offender Grievances, in an updated policy, states that all allegations of sexual abuse and sexual harassment are not grievable issues. These should be reported in accordance with methods outlined in the policy. Prior to the change in the policy, with an effective date of March 2, 2018, inmates did file grievances and those reviewed by the auditor were responded to by immediately turning them over to the Sexual Assault Response Team for investigation. The policy changed effective March 2018 when this revision was included. If a grievance alleged sexual abuse, it would be turned over to the SART to begin an investigation, as the grievance process ceases. None of the reviewed grievances documented sexual abuse or sexual harassment allegations. Although policy asserts that allegations of sexual abuse or sexual harassment are not grievable, two inmates named grievances as a way they could report sexual abuse or sexual harassment. Standard 115.53: Inmate access to outside confidential support services All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.53 ▪ Does the facility provide inmates with access to outside victim advocates for emotional support services related to sexual abuse by giving inmates mailing addresses and telephone numbers, including toll-free hotline numbers where available, of local, State, or national victim advocacy or rape crisis organizations? ☒ Yes ☐ No ▪ Does the facility provide persons detained solely for civil immigration purposes mailing addresses and telephone numbers, including toll-free hotline numbers where available of local, State, or national immigrant services agencies? ☒ Yes ☐ No ▪ Does the facility enable reasonable communication between inmates and these organizations and agencies, in as confidential a manner as possible? ☒ Yes ☐ No 115.53 ▪ Does the facility inform inmates, 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? ☒ Yes ☐ No 115.53 ---PAGE BREAK--- PREA Audit Report Page 98 of 162 Facility Name – double click to change ▪ Does the agency maintain or attempt to enter into memoranda of understanding or other agreements with community service providers that are able to provide inmates with confidential emotional support services related to sexual abuse? ☒ Yes ☐ No ▪ Does the agency maintain copies of agreements or documentation showing attempts to enter into such agreements? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Jefferson County Correctional Institution provides offender victims access to advocacy services through a variety of sources. Although there have been no allegations of sexual abuse, the facility has MOUs with the Jefferson County Hospital and with the Rape Crisis and Sexual Assault Services, a program of University Health Care System. The Warden, in a memo, identified the Rape Crisis and Sexual Assault Services program as a way inmates may report and to provide emotional support during a rape crisis. The contact information was provided. The reviewed MOU with the Rape Crisis and Sexual Assault Services acknowledges the organization, a member of RAIN and a Georgia Criminal Justice Coordinating Council member, agreed to receive hotline calls from offenders at the Jefferson County Correctional Institution and to provide advocacy services at an area hospital if the offender is there for a Sexual Assault Forensic Medical and Evidentiary Examination. The reviewed MOU with the Jefferson County Hospital, acknowledges the hospital agrees to respond to requests for SART Accompaniment for facility inmates and to respond to requests from the facility to provide a Sexual Assault Nurse Examiner for comprehensive care, prophylaxis treatment for sexually transmitted disease, timely collection of forensic evidence, and testimony in sexual assault cases of facility inmates. The MOU acknowledges the facility will maintain confidentiality as required by state standards for certified crisis counselors. The MOU contained attached Hospital Policy. Policy confirmed the emergency department nurse is responsible for asking victims they would like for a Rape Crisis Volunteer to be present. ---PAGE BREAK--- PREA Audit Report Page 99 of 162 Facility Name – double click to change Policy and Documents Reviewed: GDC Policy 208.6, PREA, Pre-Audit Questionnaire; GDC Policy IIA234-0001, PREA Related Posters; Training Certificate: Georgia Network to End Sexual Assaults; MOU with the Jefferson County Hospital; MOU with the Rape Crisis and Sexual Assault Services Interviews: Warden; PREA Compliance Manager, PREA Coordinator, Twenty-Six (26); Licensed Practical Nurse Discussion of Policies and Documents Review: GDC Procedures require the facility attempt to enter into an agreement with a rape crisis center to make available a victim advocate to inmates being evaluated for the collection of forensic evidence. Victim advocates from the community used by the facility will be pre-approved through the appropriate screening process and subject to the same requirements of contractors and volunteer who have contact with inmates. Advocates serve as emotional and general support, navigating the inmate through the treatment and evidence collection process. The agency provided documentation that they have tried to enter into a Memorandum of Understanding acknowledging the services that the Rape Crisis and Sexual Assault Victim Advocacy include not only access to an advocate via the 24/7 hotline but also by providing a victim advocate for victims of sexual abuse. An additional MOU, one with the Jefferson County Hospital, affirms the provision of a Sexual Assault Nurse Examiner to conduct a forensic exam and the policy of the hospital to have the emergency room nurse offer victims of sexual abuse a volunteer victim advocate. Inmates also have access to the GDC Ombudsman, GDC Tip Line, and the State Board of Pardons and Parole, Victim Services. The State Board of Pardons and Parole is an entity that is not a part of the Department of Corrections. GDC Policy IIA23-0001, Consular Notification; affirms it is the policy of GDC that the Consulate General of an inmate’s native country be kept informed as the inmate’s cusdoty status or occurrences to the Vienna Convention on Consular Relations. Inmates will be provided information on how to access Foreign Counsular Offices in the United States. This information is available for download at http://www.state.gov/s/cpr/ris/fco This policy prescribes the GDC’s responsibility for notificaiton and that the inmate be informed of such notification. Foreign National inmates are allowed visitation with representatives from the Consulate General of his/her native country. Inmates have access to their attorney’s if they have one and may correspond with them, call them and visit with them at the prison. Professional visits are available during normal duty hours and by other appointment to accommodate them. Inmates have access to their parents or relatives daily via phone and by email from the KIOSK, the mail and through visitation. Information and contact information is posted on the walls and on the Kiosk in each dorm. Discussion of Interviews: The PREA Compliance Manager discussed her efforts to secure the advocacy services of the Haven. The qualified staff advocate is available in the interim to serve as an advocate for the inmate and has completed the on-line training for victim advocates. Standard 115.54: Third-party reporting ---PAGE BREAK--- PREA Audit Report Page 100 of 162 Facility Name – double click to change All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.54 ▪ Has the agency established a method to receive third-party reports of sexual abuse and sexual harassment? ☒ Yes ☐ No ▪ Has the agency distributed publicly information on how to report sexual abuse and sexual harassment on behalf of an inmate? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Georgia Department of Corrections has established ways to receive third party reports. GDC Policy 208.06, Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and Intervention Program, page 23, Paragraph 2. Third Party Reporting, provides for Third Party Reports to be made to the following: • Ombudsman’s Office (address and phone number provided) • Email to the PREA Coordinator (email address provided) • State Board of Pardons and Paroles, Office of Victim Services (mailing address provided) Policy also requires, in 208.06, b. that staff will accept reports made verbally, in writing and from third parties and will document any verbal reports. The Georgia Department of Corrections Website provides a lot of information about PREA and in addition to including the Policy on PREA, the website has a section entitled: “How do I Report Sexual Abuse or Sexual Harassment”. The section advises the viewer that GDC investigates all allegations of sexual abuse and sexual harassment thoroughly, and objectively. Then it provides ways for third parties to report allegations of sexual abuse and sexual harassment. These include the following: • Call the PREA Confidential Reporting Line (toll free number provided and advises that these reports are recorded, and messages are checked Monday through Friday. ---PAGE BREAK--- PREA Audit Report Page 101 of 162 Facility Name – double click to change • Report via email to: [EMAIL REDACTED] • Send correspondence to Georgia Department of Corrections, ATTN: Office of Professional Standards PREA Unit, (Address provided) • Contact the Ombudsman and Inmate Affairs Office (number provided) • Contact the Pardons and Parole Victim Services office (number provided or via email-address provided) The instructions tell the viewers they do not have to give their name, but they are encouraged to provide as many details as possible and the site lists the items requested to be reported to facilitate the investigation. The inmate PREA Brochure provides contact information for the following third-party reporters: • Georgia Department of Corrections PREA Hotline (dialing instructions provided) • Statewide PREA Coordinator (mailing address provided) • Ombudsman (mailing address and phone number) • Director of Victim Services (mailing address provided) Policy and Documents Reviewed: Georgia Department of Corrections Policy, 208.6, PREA; The Jefferson County Prison Pre-Audit Questionnaire; GDC Policy, 227.02, Statewide Grievance Process; The Department’s Website contains a section entitled: “How do I report sexual abuse or sexual harassment?”; Georgia Department of Corrections Website; The brochure entitled, “Sexual Assault, Sexual Harassment, Prison Rape Elimination Act – How to Prevent It and How to Report It”; Reviewed PREA Related Brochures (An Overview for Offenders – Do You Know Your Rights and Responsibilities?); PREA Related Posters; Report of Calls to the PREA Hotline in the past 12 months; Interviews: Warden, PREA Compliance Manager; Twenty-Six (26) inmates, randomly selected and targeted offenders; Informally interviewed offenders; Thirteen (13) Randomly Selected Staff; Nineteen (19) Special Category Staff, PREA Compliance Manager; Observations: Review of the Agency’s Website (Georgia Department of Corrections Discussion of Policy and Documents: The Georgia Department of Corrections and Jefferson County Prison provides multiple way for inmates to access third parties who may make reports on behalf of an inmate. GDC provides contact information enabling Third Party reports to be made to the GDC Ombudsman’s Office, to the GDC TIP Line and to the agency’s PREA Coordinator. Information is provided to inmates that allows them to call or write the Ombudsman’s Office. They are also informed they may report in writing to the State Board of Pardons and Paroles, Office of Victim Services. This information is provided in the brochure given to inmates during admissions/orientation. The brochure entitled, “Sexual Assault, Sexual Harassment, Prison Rape Elimination Act – How to Prevent It and How to Report It” provides the phone number and mailing address for the Ombudsman and the mailing address for reporting to the Director of Victim Services. A PREA hotline is also available for third party reports and an inmate’s pin is not required to place a call using the “hotline”. The auditor tested a phone and found it operational. Dialing instructions are posted at the phone. The Department’s Website contains a section entitled: “How do I report sexual abuse or sexual harassment?”. These are provided as ways to make third party reports: Call the PREA Confidential Reporting Line (1-[PHONE REDACTED]); email [EMAIL REDACTED]; Send correspondence to the Georgia DOC, Office of Professional Standards/PREA Unit; contact the Ombudsman and Inmate Affairs Office ---PAGE BREAK--- PREA Audit Report Page 102 of 162 Facility Name – double click to change (numbers and email provided and Contact the Office of Victim Services (phone number and email address provided). Anyone wishing to make a report can do so anonymously however there is a request that as much detail as possible be provided. The agency also has a TIP Line accessible to inmates and to third parties. The Georgia Department of Corrections Home page provides the phone numbers of multiple departments/offices third party could call if they needed to. The PREA brochure, An Overview for Offenders, Do You Know Your Rights and Responsibilities? Provides contact information for the GDC Sexual Assault Hotline, PREA Coordinator, State Board of Pardons and Parole Office of Victim Services, and through the Ombudsman’s Office. Family members, friends and other inmates, may make a report for a resident. Discussion of Interviews: Staff were asked to name ways inmates can make reports or allegations of sexual abuse or sexual harassment. They consistently could name multiple ways and when asked if an inmate could report anonymously and through a third party, they said they could, and they would take those reports seriously like any other report and that they would report it verbally and complete a witness statement before the end of their shift. Inmates indicated they would report primarily by telling a staff, calling the Hotline, and family who could make a report for them. Most of the inmates who had family indicated a family member could report for them. 100% of the staff said inmates could get a third party to report for them and that they would take that report seriously and act immediately. They indicated the third party could be another inmate or a family member. interviewed inmates were aware they could have a third party, including a parent, relative or another inmate report for them. OFFICIAL RESPONSE FOLLOWING AN INMATE REPORT Standard 115.61: Staff and agency reporting duties All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.61 ▪ Does the agency require 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 the agency? ☒ Yes ☐ No ▪ Does the agency require all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding retaliation against inmates or staff who reported an incident of sexual abuse or sexual harassment? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 103 of 162 Facility Name – double click to change ▪ Does the agency require all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding any staff neglect or violation of responsibilities that may have contributed to an incident of sexual abuse or sexual harassment or retaliation? ☒ Yes ☐ No 115.61 ▪ Apart from reporting to designated supervisors or officials, does staff always refrain from revealing 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? ☒ Yes ☐ No 115.61 ▪ Unless otherwise precluded by Federal, State, or local law, are medical and mental health practitioners required to report sexual abuse pursuant to paragraph of this section? ☒ Yes ☐ No ▪ Are medical and mental health practitioners required to inform inmates of the practitioner’s duty to report, and the limitations of confidentiality, at the initiation of services? ☒ Yes ☐ No 115.61 ▪ If the alleged victim is under the age of 18 or considered a vulnerable adult under a State or local vulnerable persons statute, does the agency report the allegation to the designated State or local services agency under applicable mandatory reporting laws? ☒ Yes ☐ No 115.61 ▪ Does the facility report all allegations of sexual abuse and sexual harassment, including third- party and anonymous reports, to the facility’s designated investigators? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. ---PAGE BREAK--- PREA Audit Report Page 104 of 162 Facility Name – double click to change The Georgia Department of Corrections Policy (SOP 208.06) mandates that all staff, contractors and volunteers report any knowledge, suspicion, or information they may receive concerning sexual assault or sexual harassment. They are required to report any retaliation they know about or have observed or are aware of. Additionally, they are expected to report any knowledge or information related to staff negligence of misconduct that may have resulted in a sexual assault. Staff are required to keep confidential, any information, knowledge or reports of sexual abuse or sexual harassment they may receive other than reporting to those who have a need to know and for management and security decisions. Medical staff are required to report all allegations of sexual abuse that comes to their attention. Staff are trained and policy requires that any information they obtain or become aware of is limited to a need-to-know basis and only for the purpose of treatment, security and management decisions, such as housing, work, education, and programming assignments. Staff, in their interviews, indicated they would not report allegations over the radio but would so in private or by asking the shift supervisor to come to them so they could report only to him. At the initiation of services, medical personnel understand that they are required to inform inmates of their duty to report and the limitations of confidentiality and any information medical or counseling staff receive will be reported in compliance with policy. This was confirmed through interviews with the Health Service Administrator, Director of Nursing, a Registered Nurse and a Mental Health Professional. There are no youthful offenders at this facility under the age of 18. Youthful offenders are housed at the GDC’s Burruss Training Center in GA. This is confirmed through reviewing the Burruss Correctional Training Center Website and interviews with the agency’s PREA Coordinator, Warden, staff and observations of inmates being interviewed and throughout the site review. Policies require all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports must be reported to the facility’s designated investigators. All allegations are required to be reported to the staff’s immediate supervisor who then notifies the Sexual Assault Response Team. The Warden/designee then will notify the GDC Statewide PREA Coordinator and the Regional Office whose Special Agent in Charge will provide and assign a GDC Office of Professional Standards Investigations Unit Investigator/ Special Agent, with arrest powers and extensive training in conducting investigations, to respond to the prison and begin the criminal investigation. The Warden is responsible for ensuring the notifications are made as soon as possible. The Jefferson County Sheriff’s Office also acknowledged in a MOU that they would offer and provide investigators to investigate allegations of sexual abuse in the facility. The Staff Guide on the Prevention and Reporting of Sexual Misconduct with Offenders discusses, in a section entitled, A Duty to Report, that staff must report any inappropriate staff/offender behavior immediately. Failure to report will result in staff being held accountable and sanctioned through dismissal. Reporting incudes not only verbal reporting but following up with writing an incident report. Another section of the Guide requires that all employees have a duty to report immediately any findings in which inmates are having sexual relations with other inmates or staff. The Department and this facility appears to take seriously the Zero Tolerance Policy. This is reflected in the structure of the Department where the PREA Coordinator, reports to the Assistant Director of Compliance, who reports to the Assistant Director of the Compliance in the Office of Professional Standards yet allows the PREA Coordinator direct access to the Commissioner should she need it ---PAGE BREAK--- PREA Audit Report Page 105 of 162 Facility Name – double click to change regarding any PREA related issue. The auditor, in a recent interview with the Commissioner of the Department of Corrections confirmed he supports all the efforts of the PREA Unit and is accessible to the Director of Compliance and the PREA Coordinator, whenever needed. And in this facility, the PREA Compliance Manager is a Deputy Warden, the Deputy Warden of Care and Treatment, who has direct access to the Warden in implementing the PREA Standards which also are required in the GDC Policies. The agency has an ADA Coordinator who serves actively as a resource person for securing interpretive services for limited English proficient inmates/detainees and for disabled detainees/inmates who may be hearing or visually impaired to enable them to make reports of sexual abuse or sexual harassment and to participate fully in the agency’s prevention, detection, responding and reporting program. The training component for PREA also engages staff, with staff receiving Pre-Service Orientation as a newly hired staff during which they are exposed to the Prison Rape Elimination Act. Correctional staff receive PREA training at Basic Correctional Officer’s Training (BCOT) while attending the Peace Officers Standards BCOT Academy. All employees and contractors are required to attend Day 1, Annual In-Service Training that includes a block on PREA and includes all the topics required by the PREA Standards. The reviewed curriculum for annual in-service covered the topics outlined in the PREA Standards. Multiple training rosters documenting completing Annual In-Service Training, Day 1, that includes PREA training, were reviewed. Staff indicated, in their interviews, they are trained to report all allegations regardless of how those allegations came to light and to report them immediately to a designated shift supervisor. They may also report to any member of the Sexual Assault Response Team. Upon making verbal notification, they are required to document the allegation in a written statement or an incident report and these must be completed as soon as possible but always prior to the end of the shift (or leaving the shift). Policy requires that reports of allegations of sexual assault or sexual harassment are limited to those with a need to know only and reports are generally made by radioing the Shift Supervisor to come to the area or taking the Inmate to the Supervisor’s Office. Interviewed staff confirmed they are going to keep the reports limited to their immediate supervisor and anyone else only on a need to know basis. While interviewing the GDC Commissioner, the Commissioner showed the auditor how he is notified via message on his phone anytime a sexual assault occurs. Policy and Document Review: Department of Corrections Policy, 208.6, Sexually Abusive Behavior Prevention and Intervention Program, F. Official Response Following and Inmate Report, 1. Staff and Department Reporting Duties; the reviewed Sexual Assault/Sexual Misconduct Prison Rape Elimination Act (PREA) Education Acknowledgment Statement; Agency and Staff Reporting, Staff and Agency Reporting Duties; Staff Guide on the Prevention and Reporting of Sexual Misconduct with Offenders Interviews: Commissioner; Warden; PREA Coordinator (previous interview); Assistant PREA Coordinator (previous interview) PREA Compliance Manager; SART Members; Special Agent/PREA Investigator for the Southwest Region; Facility Based Investigator; Office of Professional Standards Investigator; Deputy Warden of Security; Former Special Agent; Thirteen (13) Random Staff; Nineteen (19) Special category staff; Discussion of Policy and Documents Reviewed: Department of Corrections Policy, 208.6, Sexually Abusive Behavior Prevention and Intervention Program, F. Official Response Following and Inmate Report, 1. Staff and Department Reporting Duties, requires staff who witness or receive a report of ---PAGE BREAK--- PREA Audit Report Page 106 of 162 Facility Name – double click to change sexual assault, sexual harassment, or who learn of rumors or allegations of such conduct, must report information concerning incidents or possible incidents of sexual abuse or sexual harassment to the supervisor on duty and write a statement, in accordance with the Employee Standards of Conduct. The highest-ranking supervisor on duty who receives a report of sexual assault or sexual harassment, is required to report it to the appointing authority or his/her designee immediately. The supervisor in charge is required to notify the PREA Compliance Manager and/or SART Leader as designated by the Local Procedure Directive. Appointing authorities or his/her designee may make an initial inquiry to determine if a report of sexual assault, sexual harassment, is a rumor or an allegation. Allegations of sexual assault and sexual harassment are major incidents and are required to be reported in compliance with policy. Once reported, an evaluation by the SART Leader/Team of whether a full response protocol is needed will be made. Appointing authorities or designee(s) are required to report all allegations of sexual assault with penetration to the Office of Professional Standards (OPS) Special Agent In-Charge and the Department’s PREA Coordinator immediately upon receipt of the allegation. The Special Agent in Charge in the Regional Office will determine the appropriate response and assign a Special Agent to conduct the criminal investigation as indicated. Staff, failing to comply with the reporting requirements of GDC Policy, may be banned from correctional facilities or will be subject to disciplinary action, up to and including termination. If an alleged victim is under the age of 18, the Department reports the allegation to the Department of Family and Children Services, Child Protection Services Section. Staff are not to disclose any information concerning sexual abuse, sexual harassment or sexual misconduct of an offender, including the names of the alleged victims or perpetrators, except to report the information as required by policy, or the law, or to discuss such information as a necessary part of performing their job. This facility does not house youthful offenders; however, policy requires if the victim was under the age of 18, the Field Operations Manager, in conjunction with the Director of Investigations, or designee, is required to report the allegation to the Department of Family and Children Services, Child Protective Services Section. Also, if the victim is considered a vulnerable adult under Georgia Law, the Director of Investigations or designee, will make notification to the appropriate outside law enforcement agency. Multiple examples of staff acknowledgement statements were provided. Policy requires that staff be aware of and attempt to detect to attempt to prevent sexual abuse, sexual harassment or sexual misconduct, through offender communications, comments to staff members, offender interactions, changes in offender behavior, and isolated or vulnerable areas of the institution. Discussion of Interviews: The Warden, PREA Compliance Manager and the Facility-Based Investigator indicated that all allegations will be referred to the organization or entity with the legal authority to conduct the investigation. That organization is the Office of Professional Standards. Within this unit is the investigation unit consisting of criminal investigations and internal investigations. Special Agents and Office of Professional Standards Criminal Investigators may both investigate criminal allegations. The facility also has a MOU with the Jefferson County Sheriff’s Office affirming that the Sheriff’s Office will provide investigators to investigate allegations of sexual assault. Randomly selected staff, both security and non-security staff affirmed that they must report “everything”. When asked about something they just suspected, they said they would have to report that as well. When asked if they would take an “anonymous” report and report it, they said they did not know how that would help but they would report it. Asked about another inmate reporting for another, they said they would take that seriously and report it too. They also affirmed they would be required to ---PAGE BREAK--- PREA Audit Report Page 107 of 162 Facility Name – double click to change write a statement following an immediate report to their shift supervisor/Officer in Charge. When asked about a time frame for completing a written report they said within 24 hours was policy they thought but they could not leave the shift until the statement was written. Non-Uniform staff, in their interviews, explained they are expected to report all knowledge, information, and suspected behavior to their supervisor or first security staff they see. When asked about reporting staff negligence that may have contributed to an incident of sexual abuse, staff said they would report that as well. When asked if they would report their supervisor if they witnessed or heard of the supervisor violating the zero- tolerance policy, they said they would. When asked about any sanctions for failing to report, staff said they would be disciplined and most likely terminated from employment. Standard 115.62: Agency protection duties All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.62 ▪ When the agency learns that an inmate is subject to a substantial risk of imminent sexual abuse, does it take immediate action to protect the inmate? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Pre-Audit Questionnaire; reviewed PREA Reports, reviewed grievances and incident reports and interviews with staff confirmed there have been no inmates at risk of imminent sexual abuse during the past 12 months. Every interviewed inmate asserted they feel safe in this facility. 100% of the staff interviewed, which represented a cross section of staff stated they would separate an inmate from the threat immediately. They said they would take that information seriously and report it after removing him from the threat. When staff were unsure about what an imminent threat meant, the auditor asked if an inmate told them he was afraid to go back into his cell or dorm because he was fearful because he owed money and inmates were going to take it out in sexual favors, what action would they take? ---PAGE BREAK--- PREA Audit Report Page 108 of 162 Facility Name – double click to change 100% of the interviewed staff said they would remove that inmate immediately from the threat or source of the threat and keep him with them until their supervisor came and determined what to do or put him in a safe area until the supervisor came. All of them said they would take any information seriously and act on it immediately. Staff indicated that if possible, the inmate would be immediately removed from the threat and placed in another dorm or in protective custody, if there was no other place to keep them inmate safe. The staff supervising segregation indicated that an inmate placed in involuntary protective custody would have access to programs and services like those of the general population. He indicated they could receive the following while in protective custody: access to education, hygiene, recreation, and visits by medical and counselors. The supervisor stated if any privilege was restricted, the restriction justification would be documented in SCRIBE, the offender database. Staff could not recall any inmate being placed in involuntary protective custody as the result of being at risk of imminent sexual abuse. Policy and Documents Reviewed: GDC Policy 208.06, Prison Rape Elimination Act- PREA, Sexually Abusive Behavior Prevention and Intervention Program, Paragraph Facility Protection Duties; SOP 209.06, Administrative Segregation; the Pre-Audit Questionnaire; Reviewed Grievances; Reviewed Incident Reports; PREA Reports; Reports of Calls to the PREA Unit Interviews: Warden; PREA Compliance Manager; Staff Supervising Segregation; Unit Manager; Thirteen (13) Randomly selected staff; Nineteen (19) Special Category Staff; Twenty-Six (26) Inmates Discussion of Policy and Documents: GDC Policy 208.06, Prison Rape Elimination Act- PREA, Sexually Abusive Behavior Prevention and Intervention Program, Paragraph Facility Protection Duties, requires that upon learning of a sexual abuse, staff are to separate the alleged victim and abuser and ensure the alleged victim has been placed in safe housing which may be protective custody in accordance with SOP 209.06, Administrative Segregation. If the inmate victim is placed in administrative segregation, a note is paced in SCRIBE indicating the reason for the placement. If the offender remains in Administrative Segregation for 72 hours, ensure that the Sexual Assault Response Team has again evaluated the victim within 72 hours. Again, a note is to be entered SCRIBE indicating the reason for continued placement. The care and treatment member of SART is responsible for documenting the reasons in SCRIBE. If the alleged perpetrator is an offender and if the alleged perpetrator has been placed in Administrative Segregation in accordance with SOP 209.06, Administrative Segregation, again, a case note documenting the reason for placement is completed and documented in SCRIBE. If the offender remains in Administrative Segregation for 72 hours, the SART evaluates the offender again within 72 hours and if continued placement is required, the reasons are documented in SCRIBE. The care and treatment staff from the SART are responsible for the documentation. If the alleged perpetrator is a staff member, the staff member and alleged victim are separated during the investigation period. The staff member may be reassigned to other duties or other work area; transferred to another institution, suspended with pay pending investigation or temporarily banning the individual from the institution, whichever option the appointing authority deems appropriate. Staff are instructed, if applicable, they are to consult with the SART, Regional Director, the Department’s PREA Coordinator or the Regional SAC within 72 hours of the reported incident to determine how long the alleged victim or perpetrator should remain segregated from the general population and document the final decision in the offender’s file with specific reasons for returning the offenders to the general population or keeping the offenders segregated and ensure the SART has ---PAGE BREAK--- PREA Audit Report Page 109 of 162 Facility Name – double click to change evaluated the victim within 24 hours of the report. Once a determination has been made that there is sufficient evidence of sexual assault, staff ensure closure of the matter by serving notice of adverse action or banning the staff member, making housing and classification changes if the perpetrator is an offender, and update the victim’s offender file with incident information. Discussion of Interviews: Interviews with the Warden, PREA Compliance Manager, random and special category staff and Inmates, and reviewed incident reports indicated there were no inmates at risk of imminent sexual abuse in the past 12 months. 100% of the randomly selected staff who were interviewed related if they became aware that an inmate was subject to a substantial risk of imminent sexual abuse, they would immediately remove that inmate from the potential threat and keep him safe until a supervisor determined what to do with him to keep him safe. The Warden indicated an inmate would not be placed in involuntary protective custody but would be placed in a safer dorm toward the front where he could be more easily observed. All the interviewed staff stated they would take the action immediately and when pressed to see what they themselves would do with an inmate making such an allegation, they often said they’d take him to a safe place, to the security office, to medical, or elsewhere until the supervisory staff made a decision about where to house him. None of the interviewed inmates stated they had ever been at risk of imminent sexual abuse. Standard 115.63: Reporting to other confinement facilities All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.63 ▪ Upon receiving an allegation that an inmate was sexually abused while confined at another facility, does the head of the facility that received the allegation notify the head of the facility or appropriate office of the agency where the alleged abuse occurred? ☒ Yes ☐ No 115.63 ▪ Is such notification provided as soon as possible, but no later than 72 hours after receiving the allegation? ☒ Yes ☐ No 115.63 ▪ Does the agency document that it has provided such notification? ☒ Yes ☐ No 115.63 ▪ Does the facility head or agency office that receives such notification ensure that the allegation is investigated in accordance with these standards? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ---PAGE BREAK--- PREA Audit Report Page 110 of 162 Facility Name – double click to change ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Policy and Documents Reviewed: GDC Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, 3. Reporting to other Confinement Facilities; Pre-Audit Questionnaire; Reviewed Incident Reports, Reviewed Grievances and Reviewed Investigation Packages Interviews: Warden; PREA Compliance Manager, SART Members, Twenty-Six (26) Inmates, Randomly Selected and informally interviewed inmates. Discussion of Policy and Reviewed Documents: GDC Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, 3. Reporting to other Confinement Facilities, requires that in cases where there is an allegation that sexually abusive behavior occurred at another Department facility, the Warden/designee of the victim’s current facility is required to provide notification to the Warden of the identified institution and the Department’s PREA Coordinator. In cases alleging sexual abuse by staff at another institution, the Warden of the inmate’s current facility refers the matter directly to the Office of Professional Standards Special Agent In-Charge. For the non- Department secure facilities, the Warden/Superintendent will notify the appropriate office of the facility where the abuse allegedly occurred. For non-Department facilities, the Warden/designee(s) contacts the appropriate office of that correctional Department. This notification must be provided as soon as possible but not later than 72 hours after receiving the allegation. Notification is documented. The facility head or Department office receiving the notification is required to ensure that the allegation is investigated in accordance with the PREA Standards. The facility’s Pre-Audit Questionnaire (PAQ) documented and staff confirmed there have been no allegations in the past 12 months in which an inmate at this facility alleged sexual abuse at another facility. The Warden explained his role in receiving an allegation from an inmate at his facility that the inmate was sexual abused at another facility and his role if an inmate at another facility reported he had been sexual abused at Jefferson County Correctional Institution. He indicated he would contact the Warden of the sending facility and cooperate with an investigation or if needed, he would initiate an investigation by turning the allegation over to SART to investigate. The Deputy Warden of Security/PREA Compliance Manager knew and described the steps the facility would take in reporting to the sending facility and ensuring that if an investigation had not been initiated, starting an investigation. They also indicated if they received an allegation from another facility that an ---PAGE BREAK--- PREA Audit Report Page 111 of 162 Facility Name – double click to change offender had been sexually abused while at this facility, they would cooperate with an investigation and conduct interviews or provide any additional information they might have. They indicated they would make the report immediately but were aware that the policy required notification within 72 hours. Standard 115.64: Staff first responder duties All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.64 ▪ Upon learning of an allegation that an inmate was sexually abused, is the first security staff member to respond to the report required to: Separate the alleged victim and abuser? ☒ Yes ☐ No ▪ Upon learning of an allegation that an inmate was sexually abused, is the first security staff member to respond to the report required to: Preserve and protect any crime scene until appropriate steps can be taken to collect any evidence? ☒ Yes ☐ No ▪ Upon learning of an allegation that an inmate was sexually abused, is the first security staff member to respond to the report required to: 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, if the abuse occurred within a time period that still allows for the collection of physical evidence? ☒ Yes ☐ No ▪ Upon learning of an allegation that an inmate was sexually abused, is the first security staff member to respond to the report required to: 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, if the abuse occurred within a time period that still allows for the collection of physical evidence? ☒ Yes ☐ No 115.64 ▪ If the first staff responder is not a security staff member, is the responder required to request that the alleged victim not take any actions that could destroy physical evidence, and then notify security staff? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative ---PAGE BREAK--- PREA Audit Report Page 112 of 162 Facility Name – double click to change The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. There have been no allegations of either sexual abuse or sexual harassment in the past 12 months. This was confirmed through the reviewed Pre-Audit Questionnaire, calls to the PREA Hotline, reviewed grievances and incident reports and interviews with staff and inmates. Georgia Department of Corrections requires that all staff and contractors having contact with inmates attend, minimally, Day 1 of Annual In-Service Training. Staff, including a cross section of interviewed staff attend Annual In-Service Training and Day 1 of that training includes PREA. That training includes a refresher on first responding. The facility provided training rosters documenting staff attending Day 1 of Annual In-Service Training. Georgia Department of Corrections Policy and the Local Policy Directive for the prison, PREA: Local Procedure Directive and Coordinated Response Plan (Jefferson County Correctional Institution) identifies the actions required of first responders. These are included in the section entitled first steps. The Jefferson County Local Operating Directive also identifies actions to take after the Shift Supervisor on duty who receives the report, immediately notifies the Warden and Duty Officer and contacts the local Sexual Abuse Response Team members. The agency’s Sexual Assault Response Checklist is also used in responding to allegations of sexual abuse. Staff carry a first responder cards to refresh them if they need it in responding to an allegation or incident of sexual assault. The agency initiates a Sexual Assault Response Protocol serving as a checklist of actions to take. Both uniformed and non-uniformed staff stated, in their interviews, described their role in responding to allegations of sexual abuse. These steps included separating the alleged victim and alleged abuser immediately, getting the victim to a safe place, and advising him not to eat, drink, brush his teeth or do anything to mess up the evidence. Staff indicated they would contact the shift supervisor, have the alleged abuser removed and told not to eat, drink brush his teeth, or shower. They stated they would ensure the scene is secured and the victim taken to medical. non-uniform first responders. The steps they described were the same as those of the security first responder. Then medically, their role would be to do a visual exam of the offender victim and protect the evidence. The inmate would be taken to the Jefferson County Hospital where a Sexual Assault Nurse Examiner would be called to conduct the forensic exam, collecting potential forensic evidence. A chain of custody would be started, and the sexual assault kit turned over to the security staff at the facility, who would in turn, turn it over to the GDC Office of Professional Standards, Special Agent. Policy and Documents Review: Georgia DOC Policy, 208.6; local protocol, “PREA Reporting Process”; Pre-Audit Questionnaire; SANE’s List; Local Operating Directive Procedure, Sexual Assault Response Protocol/List; PREA Reports to the PREA Unit; ---PAGE BREAK--- PREA Audit Report Page 113 of 162 Facility Name – double click to change Interviews: Thirteen (13) Randomly selected staff, uniform and non-uniform; Nineteen (19) Specialized staff; Facility-Based Investigator; Special Agent/PREA Investigator for the Southwest Region; Special Agent (Previous Interview); Office of Professional Standards Facility-Based Investigator and PREA Compliance Manager. Informal Interviews with staff randomly selected during the site review Discussion of Policy and Documents: Georgia DOC Policy, 208.6, describes, in detail, actions to take upon learning that a resident has been the victim of sexual abuse. Actions described included the expectations for non-security first responders. Policy and local operating procedures require that upon learning of an allegation that an inmate was sexually abused, the first security staff to respond to the report is to respond in the following manner: 1) Separate the alleged victim and abuser 2) Preserve and protect any crime scene until appropriate steps can be taken to collect any evidence, in compliance with SOP IK01-0005, Crime Scene Preservation; 3) If the abuse occurred within 72 hours 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; 4) If the abuse occurred within 72 hours ensure that the alleged abuser does not take any actions that could destroy physical evidence, including washing, brushing teeth, changing clothes, urinating, defecating, smoking or eating; 5) If the first responder is not a security staff, the responder is required to request that the alleged victim not take any actions that could destroy physical evidence, and notify security staff immediately. The Sexual Assault Response Team will be notified and will implement the local protocol. The local protocol, PREA Local Operating Directive and the Local Procedure Directive for Reporting/Responding to Sexual Allegations, describe in detail the responses to an allegation of sexual abuse. Annual in-service training covers first responding and staff are trained in first responding during annual in-service training, with refreshers in shift briefings and from the PREA Compliance Manager in meetings and briefings. This information was provided by staff during their interviews. Non-custody staff have been trained in first responding. They receive the same annual in-service training during Day 1, that includes PREA. Medical staff, as non-security staff, described the steps they would take in response to being informed a resident had been sexually assaulted. They sated step by step the same procedures as correctional staff. The nurse stated that, in addition to conducting an assessment on the alleged victim her role would be to attempt to protect the evidence. There were no occasions in which a non-security staff was the first responder. Discussion of Interviews: Interviews with 10 randomly selected staff, representing both uniform and non-uniform staff and 38 specialized staff, including medical staff, confirmed they are knowledgeable of their roles as first responders. They detailed the steps they would take if they were the first person to be alerted that an inmate had been sexually assaulted/abused. Standard 115.65: Coordinated response All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.65 ---PAGE BREAK--- PREA Audit Report Page 114 of 162 Facility Name – double click to change ▪ Has the facility developed a written institutional plan to coordinate actions among staff first responders, medical and mental health practitioners, investigators, and facility leadership taken in response to an incident of sexual abuse? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The facility’s coordinated response plan is documented in the Prison’s PREA Local Procedure Directive and Coordinated Response Plan, the facility’s Local Procedure Directive for Reporting/Responding to Sexual Allegations and in the GDC Sexual Assault Response Plan (with notifications). The facility has a Coordinated Response Plan to ensure that during an emergency, the Coordinated Response Plan serves as the Emergency Plan, like other emergency plans required for secure facilities and the GDC Sexual Assault Response Checklist serves as a coordinated response plan as well. The Local Operating Directives provide guidance in actions to take to protect inmates and evidence but also for notifying all parties when there is an allegation of sexual abuse. After the shift supervisor notifies the Warden and the Duty Officer, the Sexual Assault Response Team is notified. The directive provides ready reference names and phone numbers. The SART is composed of the PREA Compliance Manager/SART Leader, a representative from medical and from mental health. Policy and Documents Reviewed: GDC Policy 208.06, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program, Paragraph 5, Coordinated Response; Local Operating Directive for Reporting and Responding to Sexual Allegations; GDC Sexual Abuse Response Checklist (GDC 208.06, Attachment Local Operating Directive; PREA Reports; Reviewed investigation packages Interviews: Warden, Deputy Warden/PREA Compliance Manager, Thirteen (13) Randomly Selected Staff; Nineteen (19) Specialized Staff (including medical and mental health) Discussion of Policies and Documents: GDC Policy 208.06, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program, Paragraph 5, Coordinated Response, requires each facility to develop 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, ---PAGE BREAK--- PREA Audit Report Page 115 of 162 Facility Name – double click to change investigators and facility leadership. The plan must be kept current and include names and phone numbers of coordinating parties. The Local Operating Procedure Directive and the Facility’s Local Procedure Directive for Reporting/Responding to Sexual Allegations. They identify actions to be taken by various components of the facility in response to an allegation of sexual abuse. If there was a sexual assault allegation, the facility, complying with GDC Policy will initiate the Sexual Abuse Response Checklist that also identifies actions taken by staff in response to a report of sexual abuse or of sexual misconduct and sexual harassment. The facility also uses the GDC Sexual Abuse Response Checklist (GDC 208.06, Attachment 6) to coordinate the actions and responses of first responders. This document becomes a part of the investigation package. Discussion of Interviews: All the interviewed staff articulated their roles in responding to an allegation of sexual assault and the actions they would take as staff first responders. Security and non-security described required actions for first responders. Standard 115.66: Preservation of ability to protect inmates from contact with abusers All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.66 ▪ Are both the agency and any other governmental entities responsible for collective bargaining on the agency’s behalf prohibited from entering into or renewing any collective bargaining agreement or other agreement that limits the agency’s ability to remove alleged staff sexual abusers from contact with any inmates pending the outcome of an investigation or of a determination of whether and to what extent discipline is warranted? ☒ Yes ☐ No 115.66 ▪ Auditor is not required to audit this provision. Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative ---PAGE BREAK--- PREA Audit Report Page 116 of 162 Facility Name – double click to change The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The State of Georgia is a right to work state. The Georgia Department of Corrections employees are not members of a union. The Department is not involved in any form of collective bargaining. The employees of Jefferson County. Employees are not unionized therefore the county is not involved in collective bargaining. An interview with the Commissioner of the Georgia Department of Corrections confirmed that his Department is not involved in any form of collective bargaining and he can remove any staff from contact during an investigation and can remove them from employment for violating an agency sexual abuse or sexual harassment policy. The Warden indicated he is not involved in collective bargaining and can remove a staff from contact with an inmate in an investigation and remove any employee who violates agency sexual abuse or sexual harassment policies. Interviews: Commissioner of the Georgia Department of Corrections; Warden; Statewide PREA Coordinator (previous interview); Statewide Assistant PREA Coordinator (previous interview); PREA Compliance Manager; PREA Coordinator as Agency Head Designee (previously). Discussion of interviews: Interviews with the Warden, Statewide PREA Coordinator, Assistant Statewide PREA Coordinator, PREA Compliance Manager and previous interviews with the PREA Coordinator serving as the Agency Head’s Designee confirmed that Georgia is a Right to Work State and employees are all non-union and not involved in any form of collective bargaining. The Warden can remove any staff member from contact with inmates following an allegation of sexual abuse or sexual harassment. Standard 115.67: Agency protection against retaliation All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.67 ▪ Has the agency established a policy to protect all inmates and staff who report sexual abuse or sexual harassment or cooperate with sexual abuse or sexual harassment investigations from retaliation by other inmates or staff? ☒ Yes ☐ No ▪ Has the agency designated which staff members or departments are charged with monitoring retaliation? ☒ Yes ☐ No 115.67 ▪ Does the agency employ multiple protection measures, such as housing changes or transfers for inmate victims or abusers, removal of alleged staff or inmate abusers from contact with ---PAGE BREAK--- PREA Audit Report Page 117 of 162 Facility Name – double click to change victims, and emotional support services for inmates or staff who fear retaliation for reporting sexual abuse or sexual harassment or for cooperating with investigations? ☒ Yes ☐ No 115.67 ▪ Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor the conduct and treatment of inmates or staff who reported the sexual abuse to see if there are changes that may suggest possible retaliation by inmates or staff? ☒ Yes ☐ No ▪ Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor the conduct and treatment of inmates who were reported to have suffered sexual abuse to see if there are changes that may suggest possible retaliation by inmates or staff? ☒ Yes ☐ No ▪ Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Act to remedy any such retaliation? ☒ Yes ☐ No ▪ Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor any inmate disciplinary reports? ☒ Yes ☐ No ▪ Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor inmate housing changes? ☒ Yes ☐ No ▪ Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor inmate program changes? ☒ Yes ☐ No ▪ Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor negative performance reviews of staff? ☒ Yes ☐ No ▪ Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor reassignments of staff? ☒ Yes ☐ No ▪ Does the agency continue such monitoring beyond 90 days if the initial monitoring indicates a continuing need? ☒ Yes ☐ No 115.67 ▪ In the case of inmates, does such monitoring also include periodic status checks? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 118 of 162 Facility Name – double click to change 115.67 ▪ If any other individual who cooperates with an investigation expresses a fear of retaliation, does the agency take appropriate measures to protect that individual against retaliation? ☒ Yes ☐ No 115.67 ▪ Auditor is not required to audit this provision. Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Georgia Department of Corrections has a zero tolerance toward retaliation against any inmate/detainee or staff who report an allegation of sexual abuse or sexual harassment. This is expressed and documented in GDC Policy 208.06, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program and confirmed in interviews the Warden and the facility’s Retaliation Monitor, who is the Lieutenant. In an interview, the retaliation monitor indicated that to attempt to prevent retaliation, the alleged victim and perpetrator are separated. This includes both inmates and staff, when staff are involved. Staff would be placed on no contact to be separated from the inmate if staff was involved. The monitor indicated that he would become involved immediately letting the potential victim know that he is the person to contact if the inmate or staff are experiencing any form of retaliation. He will also monitor them at intervals of 30-60- and 90 days. For inmates he said he would monitor disciplinary actions, changes in details, housing changes and would meet with the inmates at 30-60 and 90 days. He indicated he would be using the GDC Retaliation Monitoring Form. If it is staff being monitored, he indicated he would meet with them as well as soon as he was notified of an allegation and let them know he is the staff to contact if the staff begins to experience any form of retaliation. The GDC Retaliation Form identifies the items to be monitored for staff who may possible ---PAGE BREAK--- PREA Audit Report Page 119 of 162 Facility Name – double click to change experience retaliation. For staff he indicated he would monitor things like placing more work on the officer, changing his shifts, and other things identified on the Retaliation Monitoring Form. The monitor stated he would monitor beyond 90 days if needed. Policy and Documents Reviewed: GDC Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program; 90 Day Offender Sexual Abuse Review Checklist (GDC Form); Interviews: Warden; PREA Compliance Manager; Retaliation Monitor; Thirteen (13) randomly selected staff; Nineteen (19) Specialized Staff; Twenty-Six (26) Inmates Discussion of Policy and Documents Review: GDC Policy 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, affirms the agency has a zero tolerance for any form of retaliation and is committed to protecting inmates or staff who report sexual abuse and sexual misconduct or sexual harassment from retaliation. Policy requires that anyone who retaliates against a staff member or an offender who has reported an allegation of sexual abuse or sexual harassment in good faith is subject to disciplinary action. Policy requires a staff be identified to monitor for retaliation. Additionally, policy provides multiple protection measures including housing changes for inmates, transfers, removal of alleged staff or inmate abusers from contact with victims and emotional support for inmates or staff who fear retaliation. Monitoring is required to be conducted for at least 90 days following a report of abuse. Monitoring will include monitoring the conduct and treatment of inmates and staff to see any changes to indicate possible retaliation and to remedy any retaliation. Monitoring includes the following: review of inmate disciplinary reports, housing or program changes, negative performance reviews or reassignments of staff etc. Monitoring may continue beyond 90 days if the initial monitoring indicates the need for it. Periodic status checks of inmates will be conducted. The obligation for monitoring terminates if the allegation is unfounded. Policy requires that monitoring is documented on the GDC Form 90 Day Offender Sexual Abuse Review Checklist. The checklist is completed for each inmate being monitored. The Georgia Department of Corrections 90 Day Offender Sexual Abuse Review Checklist includes documenting the reviews of the following at 30, 60 and 90 days: • Offender Disciplinary Report(s) History • Offender Housing Unit Placement Reviewed • Offender Transfer(s) Placement Review • Offender Program(s) History Review • Offender Work Performance Review • Offender Schedule History Review • Offender Case Note(s) Review Upon learning of an allegation, whether staff on inmate or inmate on inmate, the alleged victim and alleged aggressor will be separated. For an inmate that may mean placing either the alleged victim or alleged aggressor or both, temporarily, in administrative segregation. If a staff is involved the staff will be separated from the alleged victim by placing the staff either on a post away from the inmate or placing the staff on administrative paid leave while an investigation is going on and placing a staff on administrative leave with pay is the most likely scenario according to the Warden. ---PAGE BREAK--- PREA Audit Report Page 120 of 162 Facility Name – double click to change The Retaliation monitor described the actions he would take when notified of an allegation. That includes ensuring actions are taken to separate the alleged victims and aggressors, whether staff or inmate. Retaliation monitoring is documented on the GDC Retaliation Monitoring Form. There were no allegations of either sexual abuse or sexual harassment in the past twelve months. This was confirmed through reviewing PREA reports, calls to the Hotline Report, reviewed grievances and interviews with the Warden, Deputy Warden/PREA Compliance Manager and random staff as well as interviews with inmates. Discussion of Interviews: The Retaliation Monitor described the measures that would be taken to attempt to prevent retaliation including changing dorms, changing detail assignments, changing programs, and changing schedules, and for staff, placing them on “no-contact”, reviewing shift assignment changes, and performance reviews and that they would use the GDC Form guiding the items to check that might indicated retaliation. He indicated he monitors inmates each 30, 60 and 90 days. The monitor indicated she would be checking things like DRs, Dorm Changes, Work Detail Changes etc. Monitoring occurs every 30, 60, and 90 days and is documented on the GDC Retaliation Monitoring Form. The Warden indicated if a staff was named in an allegation his placement on no contact would be determined on a case by case basis but could include placing him on no contact or placing him on another post away from the inmate, including the possibility of placing the staff on administrative leave with or without pay depending on circumstances. Standard 115.68: Post-allegation protective custody All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.68 ▪ Is any and all use of segregated housing to protect an inmate who is alleged to have suffered sexual abuse subject to the requirements of § 115.43? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does ---PAGE BREAK--- PREA Audit Report Page 121 of 162 Facility Name – double click to change not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Policy and Documents Reviewed: Department of Corrections Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, D. Screening for Risk of Sexual Victimization and Abusiveness, 3. Protective Custody; Interviews: Warden; PREA Compliance Manager; Staff Supervising Segregation; Randomly Selected Staff (13) Special Category Staff (19); Inmates (26) Discussion of Policy and Documents: Department of Corrections Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, D. Screening for Risk of Sexual Victimization and Abusiveness, 3. Protective Custody, prohibits placing inmates at high risk for sexual victimization in involuntary segregated housing unless an assessment of all available alternatives have been made and a determination made that there is no available alternative means of separation from likely abusers. If an assessment cannot be conducted immediately, the inmate may be held in involuntary segregation for less than 24 hours while completing the assessment. This placement, including concern for the inmate’s safety, must be documented in the inmate/offender database, SCRIBE, documenting concern for the inmate’s safety and the reason why no alternative means of separation can be arranged. Inmates who are placed in involuntary segregation are housed there only until an alternative means of separation from likely abusers can be arranged and the assignment, ordinarily, shall not exceed 30 days. Reviews are required to be conducted every 30 days to determine whether there is a continuing need for separation from the general population. Inmates in involuntary segregation will receive services in accordance with SOP HN09-0001, Administrative Segregation. The Georgia GDC Policy, 208.06, IV.d.3 (a-d) Administrative Segregation, requires that 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. If an assessment cannot be conducted immediately, the offender may be held in involuntary segregation no more than 24 hours while completing the assessment. This placement, including the concern for the inmate’s safety is noted in SCRIBE case notes documenting the concern for the offender’s safety and the reason why no alternative means of separation can be arranged. The inmate will be assigned to involuntary segregated housing only until an alternative means of separation can be arranged. Assignment does not ordinarily exceed a period of 30 days. Inmates at high risk for sexual victimization are housed in the general population in one of the dorms identified as safer dorms and, in those dorms, closer to the front to attempt to put them in view of the cameras and where they can be more easily monitored. Inmates are not placed in segregated housing and would not be placed there unless there were no other options for safely housing the detainee/resident. The Warden indicated the inmate would not be placed in segregated housing unless the inmate requested it. If an inmate was assigned to involuntary segregated housing it would be 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 the facility uses involuntary segregation to keep an inmate safe, the facility documents the basis for their concerns for the inmate’s safety and the reason why no alternative means ---PAGE BREAK--- PREA Audit Report Page 122 of 162 Facility Name – double click to change of separation can be arranged. Reviews are conducted every 30 days to determine whether there is a continuing need for separation from the general population. Inmates in involuntary protective custody, in compliance with policy, would, according to interviews, have access to programs and services like those of the general population, including access to medical care, counseling, recreation/exercise, education, and the phone. The staff member supervising segregation stated, in an interview, that any inmate placed on involuntary protective custody will have access to programs, including education. Individual Records are required and will document, among other required things, all activity such as bathing, exercise, medical visits, program participation and religious visits. It should also include documentation of unusual occurrences. INVESTIGATIONS Standard 115.71: Criminal and administrative agency investigations All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.71 ▪ When the agency conducts its own investigations into allegations of sexual abuse and sexual harassment, does it do so thoroughly, and objectively? [N/A if the agency/facility is not responsible for conducting any form of criminal OR administrative sexual abuse investigations. See 115.21(a).] ☒ Yes ☐ No ☐ NA ▪ Does the agency conduct such investigations for all allegations, including third party and anonymous reports? [N/A if the agency/facility is not responsible for conducting any form of criminal OR administrative sexual abuse investigations. See 115.21(a).] ☒ Yes ☐ No ☐ NA 115.71 ▪ Where sexual abuse is alleged, does the agency use investigators who have received specialized training in sexual abuse investigations as required by 115.34? ☒ Yes ☐ No 115.71 ▪ Do investigators gather and preserve direct and circumstantial evidence, including any available physical and DNA evidence and any available electronic monitoring data? ☒ Yes ☐ No ▪ Do investigators interview alleged victims, suspected perpetrators, and witnesses? ☒ Yes ☐ No ▪ Do investigators review prior reports and complaints of sexual abuse involving the suspected perpetrator? ☒ Yes ☐ No 115.71 ---PAGE BREAK--- PREA Audit Report Page 123 of 162 Facility Name – double click to change ▪ When the quality of evidence appears to support criminal prosecution, does the agency conduct compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution? ☒ Yes ☐ No 115.71 ▪ Do agency investigators assess the credibility of an alleged victim, suspect, or witness on an individual basis and not on the basis of that individual’s status as inmate or staff? ☒ Yes ☐ No ▪ Does the agency investigate allegations of sexual abuse without requiring an inmate who alleges sexual abuse to submit to a polygraph examination or other truth-telling device as a condition for proceeding? ☒ Yes ☐ No 115.71 ▪ Do administrative investigations include an effort to determine whether staff actions or failures to act contributed to the abuse? ☒ Yes ☐ No ▪ Are administrative investigations documented in written reports that include a description of the physical evidence and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings? ☒ Yes ☐ No 115.71 ▪ Are criminal investigations documented in a written report that contains a thorough description of the physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible? ☒ Yes ☐ No 115.71 ▪ Are all substantiated allegations of conduct that appears to be criminal referred for prosecution? ☒ Yes ☐ No 115.71 ▪ Does the agency retain all written reports referenced in 115.71(f) and for as long as the alleged abuser is incarcerated or employed by the agency, plus five years? ☒ Yes ☐ No 115.71 ▪ Does the agency ensure that the departure of an alleged abuser or victim from the employment or control of the agency does not provide a basis for terminating an investigation? ☒ Yes ☐ No 115.71 ▪ Auditor is not required to audit this provision. ---PAGE BREAK--- PREA Audit Report Page 124 of 162 Facility Name – double click to change 115.71 ▪ When an outside entity investigates sexual abuse, does the facility cooperate with outside investigators and endeavor to remain informed about the progress of the investigation? (N/A if an outside agency does not conduct administrative or criminal sexual abuse investigations. See 115.21(a).) ☐ Yes ☐ No ☒ NA Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Georgia Department of Corrections Policy (208.06) requires that all reports of sexual abuse or sexual harassment will be considered allegations and will be investigated. Policy requires investigations are conducted thoroughly and objectively. It also requires, and staff confirmed, that allegations or reports, including any knowledge, information or suspicions are taken seriously and are investigated. These include reports made verbally, in writing, from third parties and from anonymous sources. GDC Policy 1K01-0006, Investigation of Allegations of Sexual Contract, Sexual Abuse, and Sexual Harassment of Offenders requires that allegations of sexual contact, sexual abuse, and sexual harassment filed by sentenced offenders, against departmental employees, contractors, vendors or volunteers are reported, fully investigated, and treated in a confidential and serious manner. It requires staff attitudes and conduct towards such allegations will be professional and unbiased, and staff member are required to cooperate with investigations into those matters. Policy also requires that investigations are conducted in such a manner as to avoid threats, intimidation, or future misconduct. The investigations policies and procedures require that as soon as an incident of sexual contact, sexual abuse, or sexual harassment, comes to the attention of staff, the staff receiving the information is required to immediately inform the Warden and/or the Institutional Duty Officer, and/or Internal Investigations, now known as the Office of Professional Standards Investigators, verbally and followed up with a written report to the Warden. Incidents, according to the procedures, VIA., include rumors, inmate talk”, and all kissing, sexual abuse and sexual harassment. This policy, along with GDC Policy 208.06, require that failure to report may result in disciplinary action, up to and including dismissal. ---PAGE BREAK--- PREA Audit Report Page 125 of 162 Facility Name – double click to change The Office of Professional Standards Investigators have the responsibility, power, and authority to conduct criminal investigations of all allegations of sexual abuse. They also are empowered to effect an arrest of either staff or inmates. The Warden of the facility where the incident allegedly happens contacts the Regional Office’s Special Agent-in-Charge to have a special agent assigned to investigate the criminal allegation and/or the Warden or designee will contact the local law enforcement agency charged with investigating allegations of criminal activity, the Jefferson County Sheriff’s Office. The Georgia Department of Corrections has several layers of investigators. An Office of Professional Standards investigator may be assigned to a specific facility and may conduct investigations related to contraband, use of force, gang related activity, and if needed, sexual abuse. The Office of Professional Standards Investigator has completed mandated training. Mandated training is that training required by the state for any law enforcement officer and that training is 11 weeks. These staff have that authority to arrest. Although stationed in a particular facility they cover several or more facilities. Special Agents are also Office of Professional Standards assigned to one of the three Regional Offices in the state and are assigned cases to investigate by the Special Agent in Charge for the Region. Special Agents have completed mandated law enforcement training and an additional 13 weeks of training provided by the Georgia Bureau of Investigations at the GBI Academy. The Special Agent has had extensive training in conducting investigations, including investigations of sexual abuse in a confinement setting, has arrest powers, and conducts investigations into allegations that appear to be criminal in nature. At the facility level, the initial investigation into an allegation of either sexual abuse or sexual harassment is initiated by the local Sexual Assault Response Team. These include a primary facility- based investigator and a member from medical and counseling. The facility-based investigator has completed the on-line training entitled: “PREA: Conducting Sexual Abuse Investigations in a Confinement Setting. The facility provided certificates documenting the online specialized training provided by the National Institute of Corrections for all members of the Sexual Assault Response Team. The local SART conducts the initial investigation. If the allegation appears criminal and in all cases of penetration, the allegation is referred by the Warden or Duty Officer, in his absence, to the Special Agent in Charge, who will assign a criminal investigator (Special Agent) or to the Jefferson County Sheriff’s Office. Investigations into allegations of sexual abuse may be documented locally as unsubstantiated but may be referred on to the Special Agent for investigation for investigation into the alleged criminal conduct. Department staff, the Sexual Assault Response Team and those receiving the initial allegations, are required by policy to take appropriate steps to ensure the preservation and protection of all evidence, including crime scene in accordance with another SOP (SOP 1K01-005). Policy (1K01-0006) discusses general guidelines for conducting the investigation and these included: • OPS will keep the Warden apprised of the status of the case. • All interviews may be recorded by video or audio • All documents, videos, polygraph results, and all other evidence will be treated as confidential ---PAGE BREAK--- PREA Audit Report Page 126 of 162 Facility Name – double click to change • Names of complainant and/or alleged victim will be confidential as required by the statutes • A trained counselor will be made available to counsel the alleged victim before he is first interviewed by the investigator These may be included in the investigation: • Conducting video or audio recorded interviews • Taking witness statements from all witnesses and all other parties • All known documents • All known photos • All known physical evidence According to policy (1K01-0005) the investigation continues even if the following occur: • Alleged victim or complainant refuses to cooperate with the investigator • Whether local, state, or federal agency conducts its own investigation, subject to binding limitations or restrictions imposed by the courts or the agency • If the accused employee resigns during the investigation Investigations must be completed within 45 calendar days from the date of the assignment. When there is a backlog in testing rape kits in the State’s Crime Lab, the investigation may take longer. An interview with a Special Agent indicated that the lab does not have a backlog at this time. If there is an allegation of sexual abuse, staff trained as first responders separate the alleged victim and alleged aggressors and ensure that the crime scene, including the bodies of the alleged victim and perpetrator as well as the area where the alleged offense occurred, are treated as crime scenes and actions are taken to protect the evidence that may be on them. If during the initial investigation by the SART, the allegation appears to be criminal in nature, the Warden or designee will contact the Regional Office to secure a Special Agent, who has arrest powers and extensive investigatory training at the Georgia Bureau of Investigations Academy and/or may contact the Jefferson County Sheriff’s Office, who has the local authority to conduct criminal investigations. The Special Agents, the staff who will conduct investigations of allegations that appear criminal in nature, will consult with the district attorney to consider referral for prosecution when the evidence appears to support criminal prosecution and compelled interviews are conducted only after consulting with the prosecutors to ensure the interviews may not be an obstacle for subsequent criminal prosecution. A previous interview with a Special Agent, previous and current interviews with an Office of Professional Standards Investigator, two interviews with Officer of Professional Investigators assigned to facilities, and a previous interview with the Deputy Warden of Security who was a Special Agent prior to his promotion and an interview with the facility-based investigator indicated that they would assess the credibility of an alleged victim, suspect or witness on an individual basis and not on the basis of identify, status and would make the determination on an individual basis and that it would be based only on the evidence. The facility-based investigator was knowledgeable of the investigation process. He confirmed he would not put an alleged victim on a polygraph or other truth telling device as a condition for proceeding with the investigation and that under these circumstances the investigation would continue: ---PAGE BREAK--- PREA Audit Report Page 127 of 162 Facility Name – double click to change • When the victim recants • When an employee involved in an investigation terminates his/her employment prior to the conclusion of an investigation • When an alleged victim or alleged abusing inmate departs the facility prior to a completed investigation Administrative and Criminal Investigations are documented in reports. Administrative Investigations conducted by the Sexual Assault Response Team typically include an Incident Report, Supplemental Report, Witness Statements, Video, if applicable, and an Investigation Summary. Special Agent Reports, which are criminal investigations, are much more thorough and include the following: 1) Case Report Face Sheet; 2) Executive Summary; 3) Exhibit List; 4) Investigative Case Summary; 5) Personal Demographics Summary; 6) Offender Store History; 7) Personal Data Summary; 8) Witness Statements; 9) Photos; 10) Waiver of Rights; 11) Consent to Search; 12) Videos; 13) Oath of Office; 14) Warrant for Arrest. The facility had no allegations of ether sexual abuse or sexual harassment in the past twelve months. This was confirmed through reviewing the Pre-Audit Questionnaire, PREA Reports, grievances, and interviews with the Warden, PREA Compliance Manager, and interviews with staff and inmates. Policy and Documents Reviewed: Georgia Department of Corrections Policy, 208.6, G. Investigations; GDC Standard Operating Procedure, 1K01-0006, Investigation of Allegations of Sexual Contact, Sexual Abuse, and Sexual Harassment of Offenders; PREA Investigation Summary; PREA Initial Notification Form; GDC Incident Report; Reviewed NIC Certificates; Reviewed Special Agent Criminal Investigation Report; Coordinated Response Plan; Pre-Audit Questionnaire Interviews: Warden, Agency PREA Coordinator; PREA Compliance Manager; SART Members; Special Agents Facility-Based Investigator; Two Office of Professional Standards Investigators; Thirteen (13) Random Staff; Nineteen (19) Specialized Staff; Twenty-Six (26) Inmates Discussion of Policy and Documents Reviewed: Georgia Department of Corrections Policy, 208.6, G. Investigations and 1K01-0006, Investigation of Allegations of Sexual Contact, Sexual Abuse, and Sexual Harassment or Offenders asserts that the appointing authorities or his/her designee may make the initial investigation inquiring to determine if a report of sexual abuse or sexual harassment is a rumor or an allegation. The Local Sexual Assault Response Team is responsible for initially inquiring and subsequent investigation of all allegations of sexual abuse or sexual harassment with limitations. In cases where allegations are made against staff and the SART deems the allegation is unfounded or unsubstantiated by evidence of facility documentation, video monitoring systems, witness statements, or other investigative means, the case can be closed at the facility level. The Appointing Authority or designee(s) are required to report all allegations of sexual abuse with penetration and those with immediate and clear evidence of physical contact, to the OPS Special Agent In-Charge and the Department’s PREA Coordinator immediately upon receipt of the allegation. If an investigation cannot be cleared at the local level, the Special Agent In-Charge determines whether to open an official investigation and if so, dispatches an investigator who has received special training in sexual abuse investigations. When criminal investigations involving staff are completed, the investigation is turned over to the Office of Professional Standards to conduct any necessary compelled administrative ---PAGE BREAK--- PREA Audit Report Page 128 of 162 Facility Name – double click to change reviews. After each SART investigation, all substantiated cases are referred to the OPS Criminal Investigations Division while all unsubstantiated SART investigations are referred to the Office of Professional Standards for an administrative review. The Department follows a uniform protocol for obtaining usable physical evidence for administrative proceedings and criminal prosecution. Investigations are required to be prompt and thorough, including those reported by third parties or anonymously. Administrative investigations include an effort to determine whether staff actions or failures to act contributed to the abuse. Reports are documented and include descriptions of physical and testimonial evidence, reasoning behind the credibility of assessments and investigative facts and findings. Criminal investigations are documented in written reports that contain thorough descriptions of physical, testimonial, and documentary evidence and copies of all documentary evidence when feasible. Substantiated allegations of conduct that appears to be criminal are referred for prosecution. The departure of the alleged abuser or victim from the employment or control of the Department does not provide a basis for termination of the investigation. The facility has a Sexual Assault Response Team. The team consists of a lead member who initiates the investigation, medical staff, and a counselor. All the Sexual Assault Response Team Members have completed the National Institute of Corrections Specialized Training, “PREA: Investigating Sexual Abuse in a Confinement Setting”. At the conclusion of each sexual abuse investigation, the PREA Team meets and discusses the allegations and findings of the investigator and essentially reviews the incident in compliance with the GDC Policy related to Incident Reviews. Discussion of Interviews: An interview with the Warden confirmed that allegations that appear to be criminal in nature are referred to either or both, the Jefferson County Sheriff’s Office or the Regional Office Special Agent in Charge who will assign a Special Agent to investigate. He also confirmed the facility’s Sexual Assault Response Team conducts the initial investigation into all allegations. Any allegation of penetration must be referred on to the OPS Special Agent in Charge/Jefferson County Sheriff’s Office. The facility -based investigator indicated he has completed the on-line specialized training, “PREA: Conducting Sexual Abuse Investigations in Confinement Settings”. This was confirmed through the reviewed NIC Certificate confirming the specialized training. All members of the SART had certificates documenting completing the online NIC Specialized Training, “PREA: Conducting Sexual Abuse Investigations in a Confinement Setting.” Interviews with the Facility Based Investigator, Special Agents, and Office of Professional Standards Investigators confirmed the credibility of the victim, alleged perpetrator and witnesses based on the evidence and not on the offender’s status or identity or any other factors including how many times the offender has alleged sexual abuse or sexual harassment. The investigation, they related would continue even if the victim recanted, if a staff involved terminated his employment prior to a completed investigation, or if an inmate victim or abuser departed the facility prior to the completed investigation. The also said that victims would never be placed on a truth telling device as a condition for proceeding with an investigation. Interviews with facility staff, both those randomly selected and special category, confirmed that most of them knew the SART conducts sexual abuse investigations in this facility and could name each member of the SART and their specific roles. ---PAGE BREAK--- PREA Audit Report Page 129 of 162 Facility Name – double click to change Standard 115.72: Evidentiary standard for administrative investigations All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.72 ▪ Is it true that the agency does not impose a standard higher than a preponderance of the evidence in determining whether allegations of sexual abuse or sexual harassment are substantiated? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Policy and Documents Reviewed: The Georgia Department of Corrections Policy 208.06, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program, Section G. 14. Interviews: Warden; Deputy Warden/ PREA Compliance Manager; Facility-Based Investigator Discussion of Policy and Documents Reviewed: The Georgia Department of Corrections Policy 208.06, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program, Section G. 14, requires that there shall be no standard higher than a preponderance of the evidence in determining whether allegations of sexual abuse or sexual harassment are substantiated. The Facility-Based Investigator appeared knowledgeable of the investigative process. He stated, when asked, that the standard of evidence to substantiate an allegation of sexual abuse is “the preponderance of the evidence”. Standard 115.73: Reporting to inmates All Yes/No Questions Must Be Answered by the Auditor to Complete the Report ---PAGE BREAK--- PREA Audit Report Page 130 of 162 Facility Name – double click to change 115.73 ▪ Following an investigation into an inmate’s allegation that he or she suffered sexual abuse in an agency facility, does the agency inform the inmate as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded? ☒ Yes ☐ No 115.73 ▪ If the agency did not conduct the investigation into an inmate’s allegation of sexual abuse in an agency facility, does the agency request the relevant information from the investigative agency in order to inform the inmate? (N/A if the agency/facility is responsible for conducting administrative and criminal investigations.) ☒ Yes ☐ No ☐ NA 115.73 ▪ Following an inmate’s allegation that a staff member has committed sexual abuse against the resident, unless the agency has determined that the allegation is unfounded, or unless the resident has been released from custody, does the agency subsequently inform the resident whenever: The staff member is no longer posted within the inmate’s unit? ☒ Yes ☐ No ▪ Following an inmate’s allegation that a staff member has committed sexual abuse against the resident, unless the agency has determined that the allegation is unfounded, or unless the resident has been released from custody, does the agency subsequently inform the resident whenever: The staff member is no longer employed at the facility? ☒ Yes ☐ No ▪ Following an inmate’s allegation that a staff member has committed sexual abuse against the resident, unless the agency has determined that the allegation is unfounded, or unless the resident has been released from custody, does the agency subsequently inform the resident whenever: The agency learns that the staff member has been indicted on a charge related to sexual abuse in the facility? ☒ Yes ☐ No ▪ Following an inmate’s allegation that a staff member has committed sexual abuse against the resident, unless the agency has determined that the allegation is unfounded, or unless the resident has been released from custody, does the agency subsequently inform the resident whenever: The agency learns that the staff member has been convicted on a charge related to sexual abuse within the facility? ☒ Yes ☐ No 115.73 ▪ Following an inmate’s allegation that he or she has been sexually abused by another inmate, does the agency subsequently 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? ☒ Yes ☐ No ▪ Following an inmate’s allegation that he or she has been sexually abused by another inmate, does the agency subsequently inform the alleged victim whenever: The agency learns that the alleged abuser has been convicted on a charge related to sexual abuse within the facility? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 131 of 162 Facility Name – double click to change 115.73 ▪ Does the agency document all such notifications or attempted notifications? ☒ Yes ☐ No 115.73 ▪ Auditor is not required to audit this provision. Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Although there have been no allegations of either sexual abuse or sexual harassment in the past twelve months, the facility understands that inmates are required to be notified of the outcome of the investigation. They also know the process for notification and indicated they would use the Georgia Department of Corrections Notification Form. The agency’s standard operating procedure, 208.06, Reporting to Inmates, requires that inmates who are in custody of the Georgia Department of Corrections are entitled to know the outcome of the investigation. The inmate must be notified whether the allegation was determined to be substantiated, unsubstantiated, or unfounded. All notifications or attempted notifications are documented. If the allegations involved a staff member, the staff making the notification will, using the GDC Inmate Notification Form, inform the inmate whenever: • The staff is no longer posted in the institution • The staff is no longer employed at the institution • The staff has been indicted on a charge related to sexual abuse with the institution or the staff has been convicted on a charge related to sexual abuse within the institution If the allegation involved another inmate, staff are required to inform the alleged victim when the alleged abuser has been” • Indicated on a charge related to sexual abuse within the institution or; ---PAGE BREAK--- PREA Audit Report Page 132 of 162 Facility Name – double click to change • The alleged abuser has been convicted on a charge related to sexual abuse within the institution Notifications are documented on the GDC Notification Form that documents all the above. The investigator is knowledgeable of the investigative process and the requirements that inmates are notified at the conclusion of the investigation of the results of the investigation. Policy and Documents Reviewed: GDC Policy 208.06, Prison Rape Elimination Act – PREA, Sexually Abusive Behavior Prevention and Intervention Program, G.15; Reviewed GDC Notification Form, Attachment 5, GDC 208.6; Pre-Audit Questionnaire Interviews: Warden, PREA Compliance Manager; Facility-Based Investigator; Sexual Assault Response Team Leader; Inmates (26) Discussion of Policy and Documents Review: Following an investigation into an allegation of sexual abuse, within 30 days, the facility is required, by policy, (208.6), to notify the inmate of the results of the investigation as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded. GDC Policy 208.06, Prison Rape Elimination Act – PREA, Sexually Abusive Behavior Prevention and Intervention Program, G.15, requires that following the close of an investigation into an offender’s allegation that he/she suffered sexual abuse in a Department facility, the facility is required to inform the offender as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded. Policy requires the notification be completed by a member of the local SART unless the appointing authority delegates to another designee under certain circumstances. Notifications are required to be documented. If an inmate is released from the Department’s custody the Department’s obligation to “notify” the inmate of the outcome of the investigation is terminated. Notifications are required to comply with the PREA Standards and GDC Policies. If an outside entity conducts the investigation the agency/facility will request the relevant information from the agency conducting the investigation to inform the resident of the outcome of the investigation. A member of the SART is required to notify the resident when a 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 or the agency learns that the staff member has been convicted on a charge related to sexual abuse within the facility. The agency would also notify the resident when the agency learns that the alleged abuser has been indicted on a charge related to sexual abuse within the facility; or the agency learns that the alleged abuser has been convicted on a charge related to sexual abuse within the facility. The notification form would document, for the resident, if the investigation was determined to be substantiated, unsubstantiated, unfounded or referred to OPS. If the allegation is determined to be substantiated, unsubstantiated, or unfounded, the resident is notified of any of the following if applicable: • Staff member is no longer posted within the inmate’s unit • Staff member is no longer employed at the facility • Staff member has been indicted on a charge related to sexual abuse with the facility • Staff member has been convicted on a charge related to sexual abuse within the facility ---PAGE BREAK--- PREA Audit Report Page 133 of 162 Facility Name – double click to change • The alleged abuser (offender) has been indicted on a charge related to sexual abuse within the facility • The alleged abuser (offender) has been convicted on a charge related to sexual abuse within the facility • Other: Include explanation of why “other:” was checked. Discussion of Interviews: Interviews with the Facility-Based Investigator and the PREA Compliance Manager indicated that he or a member of SART would be responsible for notifying the inmates of the outcome of the investigation. DISCIPLINE Standard 115.76: Disciplinary sanctions for staff All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.76 ▪ Are staff subject to disciplinary sanctions up to and including termination for violating agency sexual abuse or sexual harassment policies? ☒ Yes ☐ No 115.76 ▪ Is termination the presumptive disciplinary sanction for staff who have engaged in sexual abuse? ☒ Yes ☐ No 115.76 ▪ Are disciplinary sanctions for violations of agency policies relating to sexual abuse or sexual harassment (other than actually engaging in sexual abuse) 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? ☒ Yes ☐ No 115.76 ▪ Are 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, reported to: Law enforcement agencies (unless the activity was clearly not criminal)? ☒ Yes ☐ No ▪ Are 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, reported to: Relevant licensing bodies? ☒ Yes ☐ No Auditor Overall Compliance Determination ---PAGE BREAK--- PREA Audit Report Page 134 of 162 Facility Name – double click to change ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The GDC Policy requires that staff who engage in sexual abuse with offenders and violate and agency sexual abuse and sexual harassment are banned from all Georgia Correctional Institutions and subject to disciplinary sanctions up to and including termination and termination is the presumptive sanction. If the allegation was criminal in nature, recommendations may be made for referral for prosecution. Special Agents work with the District Attorneys to determine if, and when, they have enough evidence to refer for prosecution. Administrative investigations in which staff violate policy, may result in a staff member being disciplined up and including dismissal. If an offense was less than sexual abuse the appropriate sanction would be 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. This was confirmed through interviews with the Warden and PREA Compliance Manager. Staff interviews confirmed the likely sanction for violating a sexual abuse or sexual harassment policy would be termination. Failure to report is cause for disciplinary action up to and including termination. The Georgia Department of Corrections has a zero tolerance for sexual abuse and sexual harassment and if there is a substantiated case of sexual abuse, the presumptive sanction is termination from employment and possible referral for prosecution. Staff acknowledge they understand the prohibitions against sexual abuse or any sexual activity as well as the consequences if they violate sexual abuse or sexual harassment policies, including referral for prosecution. This is confirmed in multiple reviewed PREA Acknowledgment Statements. Newly hired staff also sign an Ethics Acknowledgement affirming the expectation of ethical behavior from staff. Staff and contractors found to have engaged in sexual misconduct/abuse will be banned from correctional institutions or subject to disciplinary sanctions up to and including termination and staff may be referred for criminal prosecution. If a correctional staff is involved in a substantiate case of sexual abuse or sexual harassment, a report would be made to the Peace Officers Standards Training Council. Policy and Documents Reviewed: Department of Corrections Policy, 208.6, Prison Rape Elimination Act, H. Discipline, 1. Disciplinary Sanction for Staff; GDC Sexual Assault/Sexual Misconduct Prison ---PAGE BREAK--- PREA Audit Report Page 135 of 162 Facility Name – double click to change Rape Elimination Act (PREA) Education Acknowledgment Statement for Employees and Unsupervised Contractors and Unsupervised Volunteers; Warrant for Arrest of Employee Interviews: Warden; PREA Compliance Manager/Human Resources, Volunteer Coordinator, Contractors Discussion of Policy and Document Review: Department of Corrections Policy, 208.6, Prison Rape Elimination Act, H. Discipline, 1. Disciplinary Sanction for Staff, requires that staff who engage in sexual misconduct with an offender are banned from correctional institutions or subject to disciplinary action, up to and including, termination, whichever is appropriate. Staff may also be referred for criminal prosecution when appropriate. The presumptive disciplinary sanction for sexual touching and violation of sexual abuse policies is termination. Violations of Department policy related to sexual abuse or sexual harassment (other than engaging in sexual abuse) will be 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. If an allegation is substantiated by the Special Agent conducting the sexual abuse investigation, the Agent will consult with the local District Attorney and a warrant for the staff’s arrest will be taken if warranted and approved by the District Attorney. Terminations for violations of the Department sexual abuse or sexual harassment policies or resignations by staff that would have been terminated if not for their resignation are reported to law enforcement agencies (Special Agent) unless the activity was clearly not criminal. These cases are also reported to the Georgia Peace Officers Standards and Training Council (POST) for uniformed staff. Substantiated cases of nonconsensual sexual contact between offenders or sexual contact between a staff member and an offender will be referred for criminal prosecution. This was confirmed through interviews with the Warden, PREA Compliance Manager/SART Leader, and interviews with Special Agents and Office of Professional Standards Investigators. Staff, as a part of their PREA training sign a GDC Sexual Assault/Sexual Misconduct Prison Rape Elimination Act (PREA) Education Acknowledgment Statement for Employees and Unsupervised Contractors and Unsupervised Volunteers contains a warning that any violation of the policy will result in disciplinary action, including termination, or that they will be banned from entering any correctional institution. Furthermore, it asserts that staff understand that in accordance with Georgia Law, O.C.G.A. 16-6-5.1, certain correctional staff members who engage in sexual contact with an offender commit sexual assault, a felony punishable by imprisonment of not less than one nor more than 25 years, a fine of $100,000.00 or both. Staff acknowledge that an offender cannot consent to sexual activity. The auditor reviewed 40 PREA Acknowledgment Statements signed by employees and contractors. Discussion of Interviews: Interviews with the Warden, PREA Compliance Manager, 13 randomly selected staff and 19 specialized staff, indicated that the facility has a zero-tolerance for all forms of sexual activity. If a staff was involved in an allegation of sexual abuse the staff would most likely be placed on no-contact with that resident and that decision would be based on a case by case basis. The staff could also possibly be placed on administrative leave, with or without pay, while an investigation was being conducted. If the allegations were substantiated, the staff would be banned from this facility as well as from all GDC facilities and most likely the employee would be terminated and referred for prosecution by the OPS Investigator after consulting with the District Attorney. ---PAGE BREAK--- PREA Audit Report Page 136 of 162 Facility Name – double click to change Standard 115.77: Corrective action for contractors and volunteers All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.77 ▪ Is any contractor or volunteer who engages in sexual abuse prohibited from contact with inmates? ☒ Yes ☐ No ▪ Is any contractor or volunteer who engages in sexual abuse reported to: Law enforcement agencies (unless the activity was clearly not criminal)? ☒ Yes ☐ No ▪ Is any contractor or volunteer who engages in sexual abuse reported to: Relevant licensing bodies? ☒ Yes ☐ No 115.77 ▪ In the case of any other violation of agency sexual abuse or sexual harassment policies by a contractor or volunteer, does the facility take appropriate remedial measures, and consider whether to prohibit further contact with inmates? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Volunteers and Contractors are informed and understand there is a zero tolerance for all forms of sexual activity, including sexual abuse, sexual misconduct, or sexual harassment. Contractors and Volunteers are advised of that policy and explained the consequences for violations prior to providing services to offenders. Any contractor or volunteer who violates any agency sexual abuse or sexual harassment will be immediately barred from the facility and placed on a ban for entering any GDC facility. Pending investigation, the contractor or volunteer will not be allowed entry into this facility or any other GDC facility. If the violator is a contractor, the company’s supervisor will be informed of the incident/allegation ---PAGE BREAK--- PREA Audit Report Page 137 of 162 Facility Name – double click to change and told that the contractor will not be allowed to return to this facility. The local law enforcement will be notified, and a recommendation will be made to refer the contractor or volunteer for prosecution. If the contractor or volunteer is a licensed person, the licensing agency will also be notified. Policy and Documents Reviewed: GDC Policy, 208.06, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, Paragraph Contractors and Volunteers; GDC Sexual Assault/Sexual Misconduct Prison Rape Elimination Act (PREA) Education Acknowledgment Statement for Employees and Unsupervised Contractors and Unsupervised Volunteers Interviews: Warden; Deputy Warden/PREA Compliance Manager; SART Members; Licensed Practical Nurse; Volunteer Coordinator Discussion of Policies and Reviewed Documents: GDC Policy, 208.06, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, Paragraph Contractors and Volunteers, requires that any contractor or volunteer who engages in sexual abuse will be prohibited from contact with inmates and will be reported to law enforcement agencies, unless the activity was clearly not criminal and to relevant licensing bodies. The facility is required to take appropriate remedial measures and to consider whether to prohibit further contact with inmates in the case of any other violation of Department sexual abuse or sexual harassment policies by a contractor or volunteer. Contractors and Volunteers, as a part of their PREA training sign a GDC Sexual Assault/Sexual Misconduct Prison Rape Elimination Act (PREA) Education Acknowledgment Statement for Employees and Unsupervised Contractors and Unsupervised Volunteers contains a warning that any violation of the policy will result in disciplinary action, including termination, or that they will be banned from entering any correctional institution. Furthermore, it asserts that staff understand that in accordance with Georgia Law, O.C.G.A. 16-6-5.1, certain correctional staff members who engage in sexual contact with an offender commit sexual assault, a felony punishable by imprisonment of not less than one nor more than 25 years, a fine of $100,000.00 or both. Staff acknowledge that an offender cannot consent to sexual activity. The auditor reviewed 10 PREA Acknowledgment Statements for Volunteers and Contractors. There were no allegations of sexual abuse or sexual harassment against any contractor or volunteer during the past 12 months. This was indicated from interviews with the Warden, PREA Compliance Manager, and the Volunteer Coordinator. Discussion of Interviews: Interviews with the Warden; PREA Compliance Manager; SART Team, reviewed grievances, and PREA reports confirmed that there no allegations made against any volunteer or contractor. The Warden indicated the volunteer or contractor would be prohibited from coming into the facility while the investigation is being conducted. It the investigation determined the allegation was substantiated, the volunteer local law enforcement would be notified, and a recommendation would be made to refer the volunteer for prosecution. The Contractor’s supervisor will be notified immediately, and the contractor will not be allowed back in the facility. Interviews with a volunteer and a contractor confirmed understanding zero tolerance and potential sanctions for violating GDC Policies. ---PAGE BREAK--- PREA Audit Report Page 138 of 162 Facility Name – double click to change Standard 115.78: Disciplinary sanctions for inmates All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.78 ▪ Following an administrative finding that an inmate engaged in inmate-on-inmate sexual abuse, or following a criminal finding of guilt for inmate-on-inmate sexual abuse, are inmates subject to disciplinary sanctions pursuant to a formal disciplinary process? ☒ Yes ☐ No 115.78 ▪ Are sanctions commensurate with the nature and circumstances of the abuse committed, the inmate’s disciplinary history, and the sanctions imposed for comparable offenses by other inmates with similar histories? ☒ Yes ☐ No 115.78 ▪ When determining what types of sanction, if any, should be imposed, does the disciplinary process consider whether an inmate’s mental disabilities or mental illness contributed to his or her behavior? ☒ Yes ☐ No 115.78 ▪ If the facility offers therapy, counseling, or other interventions designed to address and correct underlying reasons or motivations for the abuse, does the facility consider whether to require the offending inmate to participate in such interventions as a condition of access to programming and other benefits? ☒ Yes ☐ No 115.78 ▪ Does the agency discipline an inmate for sexual contact with staff only upon a finding that the staff member did not consent to such contact? ☒ Yes ☐ No 115.78 ▪ For the purpose of disciplinary action does a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred NOT constitute falsely reporting an incident or lying, even if an investigation does not establish evidence sufficient to substantiate the allegation? ☒ Yes ☐ No 115.78 ▪ Does the agency always refrain from considering non-coercive sexual activity between inmates to be sexual abuse? (N/A if the agency does not prohibit all sexual activity between inmates.) ☒ Yes ☐ No ☐ NA ---PAGE BREAK--- PREA Audit Report Page 139 of 162 Facility Name – double click to change Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Inmates violating any agency sexual abuse or sexual harassment policy will be sanctioned according to the Offender Disciplinary Code, which has been revised to designate offenses according to the severity, therefore a sexual abuse violation would be rated a “great” offense and sanctioned according to the sanctions available in the code. This was confirmed through an interview with the Deputy Warden of Security. Policy and Documents Reviewed: GDC Policy, 208.6, Sexually Abusive Behavior Prevention and Intervention Program, H. Discipline, Paragraph 3. Disciplinary Sanctions for Offenders, Pre-Audit Questionnaire; Interviews: Warden; PREA Compliance Manager/SART Leader; SART Members Discussion of Policy and Documents Reviewed: GDC Policy prohibits all consensual sexual activity between offenders and offenders may be subject to disciplinary action for such activity. Consensual sexual activity between offenders does not constitute sexual abuse, but it is considered a disciplinary issue. Paragraph b. requires that 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 a criminal finding of guilt for offender-on-offender sexual abuse. The sanctions that may be imposed are prescribed in Standard Operating Procedures 209.01, Offender Discipline. Policy requires that the disciplinary process consider whether an offender’s mental disabilities or mental illness contributed to behavior when determining what type of sanction, if any, will be imposed. And if the facility offers therapy, counseling or other interventions to address and correct underlying reasons or motivations for the abuse, the facility is required to consider whether to offer the offending offender to participate in such interactions as a condition of access to programming or other benefits. Policy affirms that an offender may be disciplined for sexual contact with a staff member only upon a finding that the staff member did not consent to such contact. ---PAGE BREAK--- PREA Audit Report Page 140 of 162 Facility Name – double click to change Reports made in good faith upon a reasonable belief that the alleged conduct occurred shall not constitute false reporting or lying, even if the investigation does not establish sufficient evidence to substantiate the allegation. However, following an administrative finding of malicious intent on behalf of the offender making the report, then the offender will be subject to disciplinary sanctions pursuant to a formal disciplinary process in accordance with SOP 209.01, Offender Discipline. The GDC Disciplinary Process and Policies follow the standards of the American Correctional Association and inmates are afforded a formal due process hearing in accordance with those standards. Inmates may also have an advocate present if they request it. Facility due process officers use an Offender Disciplinary Code Sheet documenting that offenses designated as either “great” or “ high” severity offenses, that include sexual assault or soliciting sexual activity, may be sanctioned by 1) Isolation one to fourteen days; 2) Referral to Classification Committee for review; 3) Disciplinary transfer; 4) Removal from specified programs; 5) Affect issuance of a warrant for violation of law; 6) Prisons restriction on privileges for up to 90 days; 7) Impound personal property for days; 8) Change in work or quarters assignment; 9) Extra duty for two hours/day up to 90 days and 13 other sanctions. If the allegation of sexual assault is substantiated, the Special Agent may consult with the district attorney and refer the inmate for prosecution. The Code Sheet addresses violations of statutes and asserts that inmates under the jurisdiction of the State Board of Corrections are subject to all laws of the United States and of the State of Georgia and any inmate violating these laws may be charged and tried for that violation in the same manner as any other citizen in the appropriate state or federal court. The filing of charges in a judicial court of record for a violation of state or federal laws does not in any way prevent or preclude the administrative handling of the same act as a prisons disciplinary manner or of the taking of disciplinary action against the inmate. MEDICAL AND MENTAL CARE Standard 115.81: Medical and mental health screenings; history of sexual abuse All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.81 ▪ If the screening pursuant to § 115.41 indicates that a prison inmate has experienced prior sexual victimization, whether it occurred in an institutional setting or in the community, do staff ensure that the inmate is offered a follow-up meeting with a medical or mental health practitioner within 14 days of the intake screening? ☒ Yes ☐ No 115.81 ▪ If the screening pursuant to § 115.41 indicates that a prison inmate has previously perpetrated sexual abuse, whether it occurred in an institutional setting or in the community, do staff ensure that the inmate is offered a follow-up meeting with a mental health practitioner within 14 days of the intake screening? (N/A if the facility is not a prison.) ☒ Yes ☐ No ☐ NA ---PAGE BREAK--- PREA Audit Report Page 141 of 162 Facility Name – double click to change 115.81 ▪ If the screening pursuant to § 115.41 indicates that a jail inmate has experienced prior sexual victimization, whether it occurred in an institutional setting or in the community, do staff ensure that the inmate is offered a follow-up meeting with a medical or mental health practitioner within 14 days of the intake screening? ☒ Yes ☐ No 115.81 ▪ Is any information related to sexual victimization or abusiveness that occurred in an institutional setting strictly limited to medical and mental health practitioners and other staff as necessary to inform treatment plans and security management decisions, including housing, bed, work, education, and program assignments, or as otherwise required by Federal, State, or local law? ☒ Yes ☐ No 115.81 ▪ Do medical and mental health practitioners obtain informed consent from inmates before reporting information about prior sexual victimization that did not occur in an institutional setting, unless the inmate is under the age of 18? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. GDC Policy, 208.06, asserts that if an inmate’s intake assessment indicated the inmate has experienced any prior victimization or has perpetrated any sexual abuse, whether in an institutional setting or in the community, the inmate will be offered a follow-up meeting within 14 days of the intake screening. This will be documented on the inmate’s intake screening instrument. Any information related to sexual victimization or abusiveness that occurred in an institutional setting is required to be strictly limited to necessary staff maintaining strict confidentiality. During the initial PREA Assessment (Victim/Aggressor) if the inmate endorses the question about having been a previous victim of sexual abuse, the counselor is required to offer the inmate a referral to ---PAGE BREAK--- PREA Audit Report Page 142 of 162 Facility Name – double click to change mental health. The inmate may choose to refuse. If the inmate wants to have a follow-up with mental health, the counselor makes the referral. Interviews with counselors indicated inmates would be referred for a mental health follow-up at Baldwin State Prison. They said the referral would be made by medical staff and that they inmate would be seen within a couple of days. Staff related there have been no inmates alleging prior sexual victimization in the past twelve months. The auditor reviewed 40 assessments and 40 reassessments and none of the reviewed assessments or reassessments identified an offender disclosing prior victimization. Interviews with 26 inmates also affirmed that none of them have reported sexual victimization either at the facility or previously. Forensic exams, if needed, are conducted at the Jefferson County Hospital. The facility did not receive any allegations involving any form of penetration in the past 12 months. If there is an allegation of penetration, the inmate would receive a visual examination at the facility and transported to the Jefferson County Hospital for the forensic exam. The reviewed Medical PREA Logs and PREA reports documented there were no allegations of sexual assault requiring a forensic examination by the SANE. The forensic exam is provided by a SANE nurse without financial cost to the inmate. This was confirmed through an interview with the Licensed Practical Nurse. Policy and Documents Reviewed: GDC Policy 208.06, Sexually Abusive Behavior Prevention and Intervention Program, Medical and Mental Health Care; Victim/Aggressor Assessments Interviews: Licensed Practical Nurse; PREA Compliance Manager, Staff who administer the Victim/Aggressor Assessments; (26) Inmates Discussion of Reviewed Policy and Documents: GDC Medical Policies are specific and voluminous regarding health care. Health Care services are provided through a contract. The GDC Policy, 208.06, Sexually Abusive Behavior Prevention and Intervention Program I, Medical and Mental Health Care requires that the GDC provide prompt and appropriate medical and mental health services in compliance with 28 CFR 115 and in accordance with the GDC Standard Operating Procedures If an inmate discloses prior victimization during the initial intake victim/aggressor assessment, the offender will be offered a follow-up with either medical or a mental health practitioner. This follow-up is offered and will be completed within 14 days of the intake screening. The inmate may choose to refuse the offer and if so, the refusal will be documented. Inmates disclosing prior victimization at Jefferson County Correctional Institution would be seen at Baldwin State Prison. Interviewed staff indicated this would occur within a few days. If the screening process indicates an offender has previously perpetrated sexual abuse 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. None of the reviewed files or instruments documented having perpetrated prior sexual abuse. The interviewed staff stated if an inmate disclosed a previous history of sexual abuse during the initial PREA Assessment, the inmate will be offered a follow-up with mental health. Care is taken to protect reported information. Information reported by offenders related to prior victimization or abusiveness that occurred in an institutional setting is limited to medical and mental ---PAGE BREAK--- PREA Audit Report Page 143 of 162 Facility Name – double click to change 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. Inmates sign a consent for evaluation and a consent for treatment. Discussion of Interviews: Interviews with counseling staff and the PREA Compliance Manager indicated that the victim/aggressor assessment asks the inmates about prior victimization and prior abuse. They indicated they would refer the inmate to mental health for a follow-up. Standard 115.82: Access to emergency medical and mental health services All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.82 ▪ Do inmate 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? ☒ Yes ☐ No 115.82 ▪ If no qualified medical or mental health practitioners are on duty at the time a report of recent sexual abuse is made, do security staff first responders take preliminary steps to protect the victim pursuant to § 115.62? ☒ Yes ☐ No ▪ Do security staff first responders immediately notify the appropriate medical and mental health practitioners? ☒ Yes ☐ No 115.82 ▪ Are inmate victims of sexual abuse 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? ☒ Yes ☐ No 115.82 ▪ Are treatment services 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? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ---PAGE BREAK--- PREA Audit Report Page 144 of 162 Facility Name – double click to change ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The facility has not had any allegations of either sexual abuse or sexual harassment in the past twelve months, and according to the Warden, none since around 2016. The auditor reviewed PREA reports and grievances and interviewed the Warden and PREA Compliance Manager confirming there were no allegations in the past 12 months. GDC Policy and Practice ensures that inmate victims of sexual abuse receive timely, unimpeded access to emergency medical treatment and crisis intervention services and the services are within the nature and scope of which are determined by medical and mental health practitioners according to their professional judgment. This was confirmed through reviewed policies and procedures, reviewed PREA reports, Interviews with staff, inmates, PREA Compliance Manager, and the Licensed Practical Nurse. Health services are available at the facility only during normal duty hours and between the hours of 6AM and 2:30PM, Monday through Friday. If an inmate was a victim of sexual abuse during those hours, the nurse indicated she would conduct a visual examination to see the extent, if any, of injuries to the inmate, and if there was penetration and/or injuries requiring outside treatment, the offender would be transported to the Jefferson County Hospital for treatment and a forensic exam. The facility has a MOU with the hospital for services. GDC Policy requires that when an inmate makes an allegation of sexual abuse, the inmate will be interviewed in private to determine the nature and timing of the assault and extent of physical injuries. First Aid and emergency treatment will be provided in accordance with good clinical judgment. If the assault occurred within the previous 72 hours, the inmate will be counseled regarding need for a medical evaluation to determine the extent of injuries and testing and treatment for sexually transmitted infections. If the inmate needs emergency care beyond the capability of the facility, he will be transported to the local hospital. The SANE and health care staff will be utilized to provide the victim with information about access to emergency prophylactic treatment of sexually transmitted infections. This was confirmed and addressed in the MOU with the Jefferson County Hospital and described in the hospital policy. Inmates are not charged for PREA related issues and treatment. If the assault occurred more than 72 hours prior to being reported, the decision as to where the medical evaluation will occur is made on a case by case basis. Security and non-security staff are trained as first responders and their roles are to separate the alleged victims from alleged perpetrators, try to protect any evidence, suggesting the victim not eat, drink, use ---PAGE BREAK--- PREA Audit Report Page 145 of 162 Facility Name – double click to change the restroom or change clothes, and require the alleged perpetrator not do those things as well that could destroy evidence. Interviewed staff articulated their roles as first responders and non-uniform staff responded with all the elements of first responding just as the uniformed staff did. Mental Health Services are not available at this facility. If an inmate required emergency mental health services, the inmate would be transported to Baldwin State Prison where mental health staff area available. Policy and Documents Reviewed: GDC Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program; GDC Standard Operating Procedures, VH85-0002; Medical Management of Suspected Sexual Assault, Abuse or Harassment; GDC Standard Operating Procedure, VH85-0001; Forensic Information; Procedure for SANE Evaluation/Forensic Collection; Medication Guidelines for Sexual Assault Patients; National Protocol for Sexual Assault Medical Forensic Examinations, 2nd Editions, Major Updates; Coordinated Response Plan Interviews: The Warden; PREA Compliance Manager; Licensed Practical Nurse; Facility-Based Investigator; Previous interviews with two Sexual Assault Nurse Examiners; Sexual Assault Response Team Leader;13 Randomly Selected Staff; Security and Non-Security First Responders; Discussion of Reviewed Policies and Documents: Inmate victims of sexual abuse receive timely and 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. This was confirmed through interviews with medical and mental health providers. Health care services at the Prison are available between the hours or 6AM and 2:30 PM Monday through Friday. If an inmate requires outside treatment, the inmate, according to staff, would be transported to the Jefferson County Hospital. GDC Policy, 208.6, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program requires the facility to provide prompt and appropriate medical and mental health services in compliance with this standard. It requires the SART to arrange for immediate medical examination of the alleged victim, followed by a mental health evaluation within 24 hours. One of the SART Members is the Licensed Practical Nurse. Medical staff are charged with conducting an initial assessment of the offender to determine if there is evidence of physical trauma requiring immediate medical intervention in accordance with good clinical judgment. Medical staff immediately initiate all necessary urgent/emergent treatment for bleeding, wounds and other traumas. They then complete the Nursing Protocol Assessment form for alleged sexual assault. Facility clinicians document physical examinations in the progress notes. When medically indicated, medical staff are required to arrange transfer the offender (if no SANE’s is available on site) to the designated emergency facility for continued treatment and collection of forensic evidence. If an alleged assault occurred within 72 hours of the reported incident and the offender does not require transport to the emergency room, the facility will take the inmate to the Jefferson County Hospital for a forensic exam. If the sexual assault occurred more than 72 hours previously, the decision on whether the evaluation is done by a local hospital, by the SANE Nurse, or facility staff will be made on a case by case basis. The ---PAGE BREAK--- PREA Audit Report Page 146 of 162 Facility Name – double click to change decision is made by the Health Authority in consultation with the facility investigator and in accordance with GDC PREA Policy requires that If the facility does not have a designated SANE Nurse, the offender is sent to the designated emergency room for collection of forensic evidence. When an inmate has been the victim of sexual abuse, medical staff assess the inmate to ensure there are no life threatening or emergency needs, and if stable, initiate the Nursing Protocol, contact the SANE or Doctor and, if needed, be taken to the local or other Hospital to be stabilized. There have been no allegations of sexual abuse in the past twelve months. Standard 115.83: Ongoing medical and mental health care for sexual abuse victims and abusers All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.83 ▪ Does the facility offer medical and mental health evaluation and, as appropriate, treatment to all inmates who have been victimized by sexual abuse in any prison, jail, lockup, or juvenile facility? ☒ Yes ☐ No 115.83 ▪ Does 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? ☒ Yes ☐ No 115.83 ▪ Does the facility provide such victims with medical and mental health services consistent with the community level of care? ☒ Yes ☐ No 115.83 ▪ Are inmate victims of sexually abusive vaginal penetration while incarcerated offered pregnancy tests? (N/A if all-male facility.) ☐ Yes ☐ No ☒ NA 115.83 ▪ If pregnancy results from the conduct described in paragraph § 115.83(d), do such victims receive timely and comprehensive information about and timely access to all lawful pregnancy- related medical services? (N/A if all-male facility.) ☐ Yes ☐ No ☒ NA 115.83 ▪ Are inmate victims of sexual abuse while incarcerated offered tests for sexually transmitted infections as medically appropriate? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 147 of 162 Facility Name – double click to change 115.83 ▪ Are treatment services 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? ☒ Yes ☐ No 115.83 ▪ If the facility is a prison, does it attempt to conduct a mental health evaluation of all known inmate-on-inmate abusers within 60 days of learning of such abuse history and offer treatment when deemed appropriate by mental health practitioners? (NA if the facility is a jail.) ☒ Yes ☐ No ☐ NA Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Medical services at this facility are limited to the hours of 6AM to 2:30PM, Monday through Friday. Emergency services are available at the Jefferson County Hospital. The facility has a MOU with the hospital for conducing sexual assault forensic exams. The MOU also specifies the services also provided including STI prophylaxis. Victims of sexual assault are assessed following an allegation to determine the presence and extent of any injuries. Nursing staff, responding to a sexual assault do a visual exam to assess injuries and to determine if the inmate requires treatment beyond what the facility can provide. If an inmate is a victim of sexual abuse, the facility is going to transport or have the inmate transported to the Jefferson County Hospital for emergency treatment, if indicated, and for a forensic exam conducted by a Sexual Assault Nurse Examiner. At the conclusion of the exam, the SANE recommends the STI Prophylaxis and testing for STIs. The recommendations still must be approved by the physician. Once the inmate is released from the hospital the facility’s nurse will provide on-going care based on orders received from the hospital. The facility does not have mental health counselors. Following a sexual assault, an inmate would be transported to Baldwin State Prison for a mental health evaluation. ---PAGE BREAK--- PREA Audit Report Page 148 of 162 Facility Name – double click to change Medical and mental health staff provide services consistent with the community level of care, consistent with the GDC Policy, VH-08-0002. This was asserted by the facility nurse. There are no female inmates at this prison therefore inmates obviously are not offered pregnancy tests nor is the substandard regarding providing timely and comprehensive information about and timely access to all lawful pregnancy related medical services. Inmates would be offered STI prophylaxis either at the hospital or in the facility, and as recommended by the Sexual Assault Nurse Examiner and ordered by the Doctor and if the inmate requested it after it is offered. Policy and Documents Reviewed: GDC “Procedure for Sane Nurse Evaluation/Forensic Collection: GDC Policy 208.6, PREA; Interviews: Warden; PREA Compliance Manager; License Practical Nurse; Previous interviews with two Sexual Assault Nurse Examiners; SART Team; Randomly selected and targeted inmates Discussion of Policy and Documents Reviewed: The agency’s “Procedure for Sane Nurse Evaluation/Forensic Collection” provides specific actions required when an inmate alleges sexual abuse/assault. It also requires that following a SANE Examination, the facility provider or designee is responsible for ordering prophylactic treatment for STIs. A follow up visit by a clinician is required three working days following the exam. The facility has a facility specific coordinated response plan (Local Procedure Directive) that specifies the actions for first responders; Sexual Assault Response Team, Medical and Mental Health. GDC Policy requires that victims of sexual abuse are provided health care services, including the forensic exam at no cost to the victim. This is confirmed through review of the GDC PREA Policy as well as interviews with medical staff. GDC Policy requires that the facility attempt to conduct a mental health evaluation of all known resident on resident abusers within 60 days of becoming aware of such history and offer treatment as appropriate. If an inmate had to go to the hospital for a forensic exam, the hospital would offer the inmate STI prophylaxis. Any follow-up as the result of a sexual assault would be provided by the facility. DATA COLLECTION AND REVIEW Standard 115.86: Sexual abuse incident reviews All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.86 ▪ Does the facility 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? ☒ Yes ☐ No 115.86 ▪ Does such review ordinarily occur within 30 days of the conclusion of the investigation? ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 149 of 162 Facility Name – double click to change 115.86 ▪ Does the review team include upper-level management officials, with input from line supervisors, investigators, and medical or mental health practitioners? ☒ Yes ☐ No 115.86 ▪ Does the review team: Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect, or respond to sexual abuse? ☒ Yes ☐ No ▪ Does the review team: Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; gang affiliation; or other group dynamics at the facility? ☒ Yes ☐ No ▪ Does the review team: Examine the area in the facility where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse? ☒ Yes ☐ No ▪ Does the review team: Assess the adequacy of staffing levels in that area during different shifts? ☒ Yes ☐ No ▪ Does the review team: Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff? ☒ Yes ☐ No ▪ Does the review team: Prepare a report of its findings, including but not necessarily limited to determinations made pursuant to 115.86(d)(1) - and any recommendations for improvement and submit such report to the facility head and PREA compliance manager? ☒ Yes ☐ No 115.86 ▪ Does the facility implement the recommendations for improvement, or document its reasons for not doing so? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does ---PAGE BREAK--- PREA Audit Report Page 150 of 162 Facility Name – double click to change not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The facility has not had any allegations of sexual abuse in the past twelve months. This was confirmed through reviewed PREA Reports to the GDC PREA Unit, Reviewed Grievances, Calls to the GDC Hotline Report, and interviews with staff and inmates. Interviews indicated staff understand the Incident Review Process and that they would conduct incident reviews within 30 days of the conclusion of the investigation. Using the GDC Incident Review Form, the following are a part of the review process: • Consider whether the allegations 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, gay, lesbian, bisexual, transgender or intersex identification status or perceive status, gang affiliation or was motivated or otherwise caused by other group dynamics at the institution. • Examine the area where the incident allegedly occurred to assess any physical barriers in the area that may enable abuse • Assess the adequacy of staffing levels in that area during various shifts The review team, in compliance with policy and confirmed in interviews, then will prepare a report of its findings to the Warden and PREA Compliance Manager/Deputy Warden of Care and Treatment who are authorized to implement the recommendations for improvement or document the reasons for not doing so. Policy and Documents Review: GDC Policy 208.06, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program J. Data Collection and Review, 1. Sexual Abuse and Sexual Assault Program Review; Sexual Abuse and Sexual Assault Program Review; Pre-Audit Questionnaire; Calls to the PREA Unit Hotline in the past 12 months; PREA Reports; Sampled Incident Reports and Grievances for the past 12 months Interviews: Warden; PREA Compliance Manager; SART Members Discussion of Policies and Documents: The facility has not had any allegations of sexual abuse in the past twelve months. GDC Policy 208.06, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program J. Data Collection and Review, 1. Sexual Abuse and Sexual Assault Program Review, affirms and requires that each facility meet once per month to review and assess the facility’s PREA prevention, detection, and response efforts. During that meeting, policy requires an incident review to be conducted for each sexual abuse allegation that has been concluded within the past 30 days. This review is to be conducted on all abuse allegations deemed to be substantiated and unsubstantiated. Reviews of unfounded allegations are not necessary. This policy requires that the members of the incident review team consist of the PREA Compliance Manager, SART and representatives from upper level management, line supervisors and other staff members, as designated by the Warden of the facility. ---PAGE BREAK--- PREA Audit Report Page 151 of 162 Facility Name – double click to change Team members 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 allegation was motivated by the perpetrator’s or victim’s race, ethnicity, gender identity, gay, lesbian, bisexual, transgender or intersex identification, status or perceived status, or gang affiliation, or was motivated by other group dynamics at the facility; to examine the area where the incident allegedly occurred to assess whether physical barriers in the area enabled the abuse; to assess the adequacy of staffing levels in the area during different shifts; assess whether monitoring technology should be deployed or augmented to supplement supervision by staff and prepare a report of findings, including, but not limited to , determinations regarding all of the above and any recommendations for improvements, and submit the report to the Warden or PREA Compliance Manager. The reviews are required by policy to be conducted at the end of the investigation. Interviews with team members confirmed the reviews are required to be conducted within 30 days of the conclusion of the investigation and that the team would consider, what motivated the incident (identification, status, gang related etc.), where it happened, blind spots, the presence of cameras, staffing and other items included on the Incident Review Checklist (Sexual Abuse Incident Review Checklist). Standard 115.87: Data collection All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.87 ▪ Does the agency collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control using a standardized instrument and set of definitions? ☒ Yes ☐ No 115.87 ▪ Does the agency aggregate the incident-based sexual abuse data at least annually? ☒ Yes ☐ No 115.87 ▪ Does the incident-based data include, at a minimum, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the Department of Justice? ☒ Yes ☐ No 115.87 ▪ Does the agency maintain, review, and collect data as needed from all available incident-based documents, including reports, investigation files, and sexual abuse incident reviews? ☒ Yes ☐ No 115.87 ▪ Does the agency also obtain incident-based and aggregated data from every private facility with which it contracts for the confinement of its inmates? (N/A if agency does not contract for the confinement of its inmates.) ☒ Yes ☐ No ☐ NA ---PAGE BREAK--- PREA Audit Report Page 152 of 162 Facility Name – double click to change 115.87 ▪ Does the agency, upon request, provide all such data from the previous calendar year to the Department of Justice no later than June 30? (N/A if DOJ has not requested agency data.) ☒ Yes ☐ No ☐ NA Auditor Overall Compliance Determination ☒ Exceeds Standard (Substantially exceeds requirement of standards) ☐ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The facility provides the data requested by the Georgia Department of Corrections related to PREA. This information includes the PREA Report documenting all allegations of staff on inmate abuse, staff on inmate harassment, inmate on inmate abuse and inmate on inmate harassment. In addition to the allegations, the report documents the results of the investigation and if the allegation was referred to the Office of Professional Services for review and/or investigation by a Special Agent. The auditor reviewed twelve months of PREA reports. Investigations must be input into the GDC database enabling the PREA Unit to review the investigation to determine if the investigation was complete or incomplete and needed additional information prior to the PREA Unit authorizing closure of the investigation. Upon request all data from previous calendar years will be provided to the Department of Justice. The aggregated sexual abuse data will be readily available to the public at least annually through the Georgia Department of Corrections. Before making the data available, the Department will remove all personal identifiers. Some information may be redacted from the reports when publication would present a clear and specific threat to the safety and security of the institution, but it will but, the nature of the material redacted will be indicated. No personal information is included in the PREA reports. Policies and Documents Review: GDC Policy 208.06, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, J.3; Georgia Department of Corrections Annual Report; PREA reports to the GDC PREA Unit; Reports from the GDC PREA Analyst Interviews: Statewide PREA Coordinator (previous interview); Assistant Statewide PREA Coordinator (previous interview); PREA Compliance Manager; Warden ---PAGE BREAK--- PREA Audit Report Page 153 of 162 Facility Name – double click to change Discussion of Policies and Documents: The Georgia Department of Corrections collects accurate and 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 US Department of Justice. The department maintains, reviews and collects data as needed from all available incident-based documents, including reports, investigation files and sexual abuse incident reviews. Information is also secured from every facility, including private facilities with whom, DOC contracts for the confinement of inmates. Upon request, DOC provides data from the previous calendar year to the US Department of Justice no later than June 30th. GDC Policy 208.06, Prison Rape Elimination Act, Sexually Abusive Behavior Prevention and Intervention Program, J.3, requires each facility to submit to the Department’s PREA Analyst, each month, a report, using the electronic spreadsheet provided from the PREA Coordinator’s office. The form is submitted by email the fifth calendar day of the month following the reporting month. It requires that allegations occurring within the month will be included on this report along with the appropriate disposition. The report is to be completed in accordance with the Facility PREA Log User Guide. The auditor reviewed the most recent Georgia Department of Corrections Annual Report. The Agency issues annual PREA reports and posts them on the GDC Website. The auditor reviewed the 2017 Georgia Department of Corrections Prison Rape Elimination Annual Report. The thirteen-page report was detailed and comprehensive. The report indicated that the Georgia DOC has 34 prisons, 13 Transition Centers, 9 probation detention centers, 5 substance abuse and integrated treatment facilities and 4 private prisons. Data is collected from each of the facilities and aggregated. Georgia DOC compiles and investigates PREA allegations in 4 major categories including 1) Staff on inmate Abuse, 2) Staff on Inmate Harassment, 3) Inmate on Inmate Abuse, and 4) Inmate on Inmate Harassment. The report provided data regarding the total number of allegations from all facilities and then it breaks the allegations down into those that were substantiated, unsubstantiated and unfounded. A chart then breaks down the data by facility. The 2017 report indicated there was a 21% increase in allegations reported and this was attributed to and the addition of county and private facility allegations, the improvement in reporting as well as the effect of increased staff and inmate education. The substantiated cases remained constant and an increase in the total number of allegations is influenced by process improvements and prevention training. The report included initiatives by the Department. In 2017 the PREA Unit implemented a database for all allegations. The database records all reported PREA incidents that are sorted into queues including Pending SART Investigator, Pending PREA Coordinator Review, and Completed Cases. This enhanced the PREA Coordinator’s ability to be more involved in the investigative process as allegations are reported. The PREA Coordinator reviews provide a check and balance system to ensure the dispositions are in compliance with the investigation standards. Beginning in 2018 the PREA became able to ensure all allegations are accompanied by an incident report and all federal-related data recorded as the cases occur. This is accomplished through the SCRIBE Module. Statistics are provided for each GDC facility. The GDC PREA Unit has a dedicated staff person, an analyst, who collects and analyzes the data. Based on the data reviewed the GDC can track allegations and investigations and findings from each facility and assess the need for any corrective actions. The PREA Compliance Manager related the ---PAGE BREAK--- PREA Audit Report Page 154 of 162 Facility Name – double click to change facility sends a PREA report (208.06, Attachment to the Agency’s PREA Analyst. This report, according to the compliance manager, consists of the numbers of PREA Cases, victims and predators, statistics on allegations of sexual abuse, assaults, grievances filed, the results of investigations and a response to the question, “was the investigation or allegations sent to the OPS investigators. The PREA Analyst provides the auditor, prior to each audit; reports documenting the disabilities of inmates; lists of inmates disclosing prior victimization (when available), as well as an email documenting the names of inmates contacting the PREA Hotline during the past twelve (12) months. The disability report enables the auditor to identify inmates/inmates who are hearing or visually impaired or who have some other form of disability. The Department’s PREA Unit now has access to investigations through a module that allows staff in the unit to review investigations for quality. Reviewing staff may instruct the facility investigator to conduct additional inquiry or investigation and will not authorize the closure of that investigation until the PREA Unit reviews and approves the investigation. Interviews with the PREA Compliance Manager and Warden confirmed the facility provides the required data, if any, to the GDC PREA Unit by reporting immediately any allegations or incidents of sexual abuse at the facility as well as in the PREA Report sent to the GDC PREA Coordinator. Standard 115.88: Data review for corrective action All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.88 ▪ Does the agency review data collected and aggregated pursuant to § 115.87 in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training, including by: Identifying problem areas? ☒ Yes ☐ No ▪ Does the agency review data collected and aggregated pursuant to § 115.87 in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training, including by: Taking corrective action on an ongoing basis? ☒ Yes ☐ No ▪ Does the agency review data collected and aggregated pursuant to § 115.87 in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training, including by: Preparing an annual report of its findings and corrective actions for each facility, as well as the agency as a whole? ☒ Yes ☐ No 115.88 ▪ Does the agency’s annual report include a comparison of the current year’s data and corrective actions with those from prior years and provide an assessment of the agency’s progress in addressing sexual abuse ☒ Yes ☐ No ---PAGE BREAK--- PREA Audit Report Page 155 of 162 Facility Name – double click to change 115.88 ▪ Is the agency’s annual report approved by the agency head and made readily available to the public through its website or, if it does not have one, through other means? ☒ Yes ☐ No 115.88 ▪ Does the agency indicate the nature of the material redacted where it redacts specific material from the reports when publication would present a clear and specific threat to the safety and security of a facility? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The agency and facility reviews data collected and aggregated in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training, including identifying problem areas and taking corrective action as necessary on an ongoing basis. The GDC requires each facility to maintain PREA related data and to report to the GDC PREA Unit, the number of allegations of sexual abuse and sexual harassment, including inmate on inmate and staff, contractor, volunteer on inmate. The auditor reviewed the Facility PREA Reports 12 months prior to the on-site audit. The agency collects the data for each facility and aggregates it at least annually and provides comparisons from previous years as well as actions the Department has taken as a result of analysis of the data. The annual reports are comprehensive and informative. Policy and Documents Reviewed: Georgia Department of Corrections 2017 Annual Report; Agency Website; Facility PREA Reports’ Compstat Reports Interviews: Warden; PREA Compliance Manager; Members of Incident Review Team; Previous interview with the Agency’s Statewide PREA Coordinator and Agency Assistant Statewide PREA Coordinator Policy and Document Review: The Georgia Department of Corrections requires each facility to conduct incident reviews after each sexual abuse allegation investigation if the allegations are founded or unsubstantiated. The purpose of this is to determine what the motivation for the incident was and to ---PAGE BREAK--- PREA Audit Report Page 156 of 162 Facility Name – double click to change assess whether there is a need for corrective actions including additional staff training, staffing changes or requests for additional video monitoring technology or other actions to help prevent similar incidents in the future. Likewise, the agency collects data from each facility and reviews the aggregated 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 and the GDC. The department has a dedicated staff person whose job it is to collect and analyze the data. Standard 115.89: Data storage, publication, and destruction All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.89 ▪ Does the agency ensure that data collected pursuant to § 115.87 are securely retained? ☒ Yes ☐ No 115.89 ▪ Does the agency make 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 or, if it does not have one, through other means? ☒ Yes ☐ No 115.89 ▪ Does the agency remove all personal identifiers before making aggregated sexual abuse data publicly available? ☒ Yes ☐ No 115.89 ▪ Does the agency maintain sexual abuse data collected pursuant to § 115.87 for at least 10 years after the date of the initial collection, unless Federal, State, or local law requires otherwise? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative ---PAGE BREAK--- PREA Audit Report Page 157 of 162 Facility Name – double click to change The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. Policies and Documents Reviewed: GDC Policy 208.06, Prison Rape Elimination Act -PREA, Sexually Abusive Behavior Prevention and Intervention Program, VI. Record Retention of Forms Relevant to this Policy Interviews: Statewide PREA Coordinator (previous interview); Assistant Statewide PREA Coordinator, PREA Compliance Manager; Warden; PREA Compliance Manager Discussion of Policies and Documents: Georgia Department of Corrections makes all aggregated sexual abuse data from all facilities under its direct control and private facilities with whom it contracts, readily available to the public through the Georgia GDC Website. GDC Policy requires all reports are securely retained and maintained for at least 10 years after the date of the initial collection unless the Federal, State or local laws require otherwise. GDC Policy 208.06, Prison Rape Elimination Act -PREA, Sexually Abusive Behavior Prevention and Intervention Program, VI. Record Retention of Forms Relevant to this Policy, requires that the retention of PREA related documents and investigations will be securely retained and made in accordance with this policy and policy in VI.1, Sexual abuse data, files and related documentation requires they are retained at least 10 years from the date of the initial report. Criminal investigation data, files and related documentation is required to be retained for as long as the alleged abuser is incarcerated or employed by the agency, plus five years or 10 years from the date of the initial report, whichever is greater. Administrative investigation data files and related documentation is to be retained for as long as the alleged abuser is incarcerated or employed by the agency, plus five years; or 10 years from the date of the initial report, whichever is greater. The facility has not had any allegations of sexual abuse or sexual harassment in the past 12 months and in the past 3 years. The PREA Compliance Manager related that data collected will be securely retained. All sexual abuse data will be available to the public on the prison’s website and in annual reports. All personal identifiers will be removed as it pertains to confidentiality. All data collected will be maintained no less than 10 years from the initial date of collection. AUDITING AND CORRECTIVE ACTION Standard 115.401: Frequency and scope of audits All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.401 ---PAGE BREAK--- PREA Audit Report Page 158 of 162 Facility Name – double click to change ▪ During the three-year period starting on August 20, 2013, and during each three-year period thereafter, did the agency ensure that each facility operated by the agency, or by a private organization on behalf of the agency, was audited at least once? (N/A before August 20, 2016.) ☒ Yes ☐ No ☐ NA 115.401 ▪ During each one-year period starting on August 20, 2013, did the agency ensure that at least one-third of each facility type operated by the agency, or by a private organization on behalf of the agency, was audited? ☒ Yes ☐ No 115.401 ▪ Did the auditor have access to, and the ability to observe, all areas of the audited facility? ☒ Yes ☐ No 115.401 ▪ Was the auditor permitted to request and receive copies of any relevant documents (including electronically stored information)? ☒ Yes ☐ No 115.401 ▪ Was the auditor permitted to conduct private interviews with inmates, inmates, and detainees? ☒ Yes ☐ No 115.401 ▪ Were inmates permitted to send confidential information or correspondence to the auditor in the same manner as if they were communicating with legal counsel? ☒ Yes ☐ No Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. ---PAGE BREAK--- PREA Audit Report Page 159 of 162 Facility Name – double click to change The Georgia Department of Corrections ensures that 1/3 of their prisons are audited each year for compliance with the PREA Standards each year so that at the end of the 3-year cycle, all prisons have been audited. Jefferson County Correctional Institution was previously audited June 23-24, 2016 for compliance with the PREA Standards. Three standards were rated exceeds, 36 were rated meets the standards and four were determined to be non-applicable. No corrective action was identified. Policy and Documents Reviewed: GDC Policy, 208.06, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program, K. Audits; Notices of PREA Audit; GDC Policy, 208.06, Prison Rape Elimination Act-PREA, Sexually Abusive Behavior Prevention and Intervention Program, K. Audits, asserts that the Department will conduct audits pursuant to 28 C.F.R/ 114.401-405. Each facility operated by the Department will be audited every three years or on a schedule determined by the PREA Coordinator The Georgia Department of Corrections also contracts with county and private facilities. Policy requires that county facilities and privately operated on behalf of the Department (housing state offenders) must meet the same audit requirements. These entities are responsible for scheduling and funding their audits. All audits are required to be certified by the Department of Justice and each facility will bear the burden of demonstrating compliance with the federal standards. A copy of the final report will be submitted to the Department’s PREA Coordinator upon completion of the audit and must be conducted every three years. The facility posted the Notices of PREA Audit in areas of the facility accessible to inmates, staff, contractors, volunteers and visitors six weeks prior to the on-site audit. The PREA Compliance Manager forwarded multiple photos documenting posting the Notices. These were observed in living units and other areas accessible to staff, inmates, contractors, volunteers and visitors. Thirty (30) days prior to the onsite audit the auditor and PREA Compliance Manager communicated via email to discuss the audit process. The auditor received the flash drive more than 30 days prior to the onsite audit. The information contained on the flash drive primarily contained the GDC policies applicable to the standards, other documentation to help the auditor understand the mission of the facility, the layout of the facility, and facility operations, including the staffing required for the population. During the on-site audit the facility was requested to provide documentation and the documentation was readily available to and easily provided. The auditor had complete and unfettered access to inmates, staff, inmate files, personnel files, and medical files and anytime the auditor requested information it was provided. The on-site audit of the Jefferson County Correctional Institution was conducted by a Certified PREA Auditor, certified in both adults and juveniles, and an assistant. The Assistant is a state level employee of the Georgia Department of Juvenile Justice and has been heavily involved in the PREA Process in the state’s juvenile facilities and with implementing the American Correctional Association Standards. During the on-site audit, the auditors were provided complete and unfettered access to all areas of the facility and to all the inmates. The auditors were free to move about the facility any time they needed to. Space in two offices were provided for the auditors to conduct interviews with complete privacy. During the on-site review, the auditor freely walked around the facility, interviewing informally, staff, inmates, contractors and volunteers without impediment. ---PAGE BREAK--- PREA Audit Report Page 160 of 162 Facility Name – double click to change The Notice of PREA Audit was observed posted throughout the facility and in the living units. The notice contained contact information for the auditor. During the site review of the facility the auditor informally talked with inmates and staff. None of the inmates requested to talk with the auditor in private. Interviews were conducted in complete privacy and every resident chosen for interviews. The Certified Auditor conducting inmate interviews interviewed a total of 26 inmates. The auditor reviewed inmate files, made observations throughout the on-site audit, thoroughly reviewed large samples of documentation, tested processes (including checking victim/aggressor assessment time periods) and interviewed staff, contractors and inmates. Multiple personnel files were reviewed to assess the hiring process and background checks. An exit briefing was conducted with the Warden and the Deputy Warden of Care and Treatment/PREA Compliance Manager. Preliminary findings were discussed, and corrective actions were identified. Standard 115.403: Audit contents and findings All Yes/No Questions Must Be Answered by the Auditor to Complete the Report 115.403 ▪ The agency has published on its agency website, if it has one, or has otherwise made publicly available, all Final Audit Reports within 90 days of issuance by auditor. The review period is for prior audits completed during the past three years PRECEDING THIS AGENCY AUDIT. In the case of single facility agencies, the auditor shall ensure that the facility’s last audit report was published. The pendency of any agency appeal pursuant to 28 C.F.R. § 115.405 does not excuse noncompliance with this provision. (N/A if there have been no Final Audit Reports issued in the past three years, or in the case of single facility agencies that there has never been a Final Audit Report issued.) ☒ Yes ☐ No ☐ NA Auditor Overall Compliance Determination ☐ Exceeds Standard (Substantially exceeds requirement of standards) ☒ Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period) ☐ Does Not Meet Standard (Requires Corrective Action) Instructions for Overall Compliance Determination Narrative ---PAGE BREAK--- PREA Audit Report Page 161 of 162 Facility Name – double click to change The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility. The Agency’s PREA Coordinator ensures that all PREA Reports are published on the agency’s website within 90 days of the completion of the report. The only PREA Audit Report is posted on the facility’s website and easily accessible to the public. The auditor reviewed the Agency’s website and reviewed the previous PREA report. ---PAGE BREAK--- PREA Audit Report Page 162 of 162 Facility Name – double click to change 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. Auditor Instructions: Type your full name in the text box below for Auditor Signature. This will function as your official electronic signature. Auditors must deliver their final report to the PREA Resource Center as a searchable PDF format to ensure accessibility to people with disabilities. Save this report document into a PDF format prior to submission.1 Auditors are not permitted to submit audit reports that have been scanned.2 See the PREA Auditor Handbook for a full discussion of audit report formatting requirements. Robert Lanier May 20, 2019 Auditor Signature Date 1 See additional instructions here: a216-6f4bf7c7c110 . 2 See PREA Auditor Handbook, Version 1.0, August 2017; Pages 68-69.