Nevada Department of Corrections

Nevada Department of Corrections

State of Nevada Department of Corrections Pre-Service Staff Training Prison Rape Elimination Act (PREA) 42 U.S.C. 15601 28 C.F.R. 115.31 1/2017 1 House Keeping

4 hour block of instruction 10 minute breaks Open communication and discussion is encouraged! We want to provide all students with the opportunity to ask questions. 2 Disclaimer We ask all students to be respectful during this instruction. Other students in this class may have been or have known someone who is a survivor of sexual assault. Be professional and respectful

3 Objective Overview of the PREA Law and U.S Attorney General Standards What is PREA? Agency compliance with standard 115.31 4 What is PREA?

Public Law 108-79 - The Prison Rape Elimination Act (PREA) signed by President George W. Bush September 4, 2003 Supports the elimination, reduction and prevention of sexual assault within the corrections system. Directed the U.S. Attorney General to promulgate standards for all confinement settings. Mandates several national data collection activities. PREA covers more than prison rape. It covers a range of behaviors to include rape, sexual abuse and sexual harassment. 5 Who do the PREA standard apply to?

The law directed the U.S. Attorney General promulgate standards for all confinement settings including but not limited to: Prisons Local jails Police lockups Juvenile facilities Military Prisons 6 Department of Justice (DOJ) Standards - 42 U.S.C. 15601

May 16, 2012: U.S. Attorney General signed the rule for the standards. May 17, 2012, President Obama directed all agencies with federal confinement facilities that are not already subject to the Department of Justices final rule to develop rules or procedures that comply with PREA June 20, 2012: Standards were entered into the Federal Register. August 20, 2012: I year clock started for states to be compliant or report the agency is working on and making an effort towards compliance. Source: National PREA Resource Center, Frequently Asked Questions, www.prearesourcecenter.org

7 How PREA Impacts Your Job PREA promotes good operational practices regarding safety and security For example, standards give direction to: Classification Investigations First Responder Training 8

PREA audits Standards require independent PREA audits for 1/3 of their institutions annually. 1st audit cycle began August 20, 2013 and was completed August, 19, 2016 2nd Cycle of audits began August, 20, 2016 and will go thru August 19, 2019. Standards impact EVERY division within the agency not just institutions and custody staff. 9 Employee Training Goals 115.31

1-Zero tolerance policy for sexual abuse and sexual harassment 2-Staff how to fulfill your responsibilities under PREA agency policy and procedures 3-Inmates rights to be free from sexual abuse and harassment 4-The right of inmates & employees to be free from retaliation for reporting sexual abuse and sexual harassment 5-The dynamics of sexual abuse and sexual harassment in confinement 10 Employee Training Goals, cont. 115.31

6-Common reactions of sexual abuse and sexual harassment victims 7-How to detect and respond to signs of threatened and actual sexual abuse 8-How to avoid inappropriate relationships with inmates 9-How to communicate effectively and professionally with LGBTI/conforming and non conforming inmates 10-How to comply with relevant laws related to mandatory reporting 11 Zero Tolerance Policy For Sexual Abuse and Sexual Harassment

Employee Training Goal #1 115.31 (1) PRE-AUDIT QUESTIONAIRE 115.31 (a)-1 1) 12 The Department of Corrections has a Zero Tolerance policy for any form of sexual misconduct to include staff/contractor/or volunteer on inmate or inmate on inmate sexual harassment, sexual assault, sexual abusive contact and consensual sex. Any staff member/contractor/volunteer who engages in, fails

to report, or knowingly condones sexual harassment or sexual contact with or between inmates shall be subject to disciplinary action and may be subject to criminal prosecution. The Department shall take a proactive approach regarding the prevention, detection, response and punishment of any type of sexual contact. 13 AR 421 & PREA Manual 421 Establishes Agency Zero Tolerance Outlines procedures for:

Prevention Detection Response to; Investigations of, and Tracking of PREA related violations. 14 Inmate Reporting 115.51 (a) Agency shall provide multiple internal ways for inmates to privately report:

Sexual Abuse Sexual Harassment Retaliation by other inmates or staff, and Staff neglect or violation of responsibilities 15 How Can Inmates Report Internally? Verbally to any: staff member Contractor, or volunteer I/M request form (kite)

Grievance Free PREA Hotline 16 Inmate Reporting 115.51(b) The agency shall also provide at least one way for inmates to report abuse or harassment to a public or private entity or office that is not part of the agency NDOC has a Memoranda of Understanding (MOU) with the New Mexico Corrections Department Inmates can mail a report directly to them and the

reporting/address information is listed on PREA posters. Inmates reporting may remain anonymous upon request 17 Reporting 115.51(d) The agency shall provide a method for staff to privately report sexual abuse and sexual harassment of inmates AR 421 Verbally In writing

To any supervisor Anonymous phone call to Inspector Generals Office **NDOC also provides a method for staff to anonymously report suspicion or knowledge of a staff member / inmate to include: suspected relationships over familiarity 18 Staff How to Fulfill Your Responsibilities under PREA agency Policy & Procedures

Employee Training Goal #2 115.31 (2) PRE-AUDIT QUESTIONAIRE 115.31 (a)-1 2) 19 Staff Duty to Report AR339 115.61 Employees Shall Report Without

Reservation Any Corrupt Or Unethical Behavior That Could Affect Either Inmates, Employees, Or The Integrity Of The Department of Corrections. 20 Staff Duty to Report, cont. AR339 115.61 Any employee who becomes aware of

any alleged act of misconduct by another department employee is required to immediately report the information to his or her supervisor or to the Office of the Inspector General. 21 Staff Duty to Report, cont. AR339 115.61 All employees to include medical and mental health have the affirmative duty

to report any knowledge, suspicion, or information regarding any incident of sexual abuse or sexual harassment of inmates. 22 Staff Duty to Report, cont. AR339 115.61 All staff have the affirmative duty to immediately report any retaliation against inmate or staff who reported any knowledge,

suspicion or information. All staff have the affirmative duty to immediately report any staff neglect or violation of responsibilities that may have contributed to any incident. 23 Inmates Rights to be Free From Sexual Abuse and Sexual Harassment Employee Training Goal #3 115.31 (3) PRE-AUDIT QUESTIONAIRE 115.31 (a)-1

3) 24 Sexual Abuse in Confinement Can be perpetrated by a/an: Inmate Staff member Contractor Volunteer 25

Inmate Rights Inmates have the right to be free from sexual abuse and sexual harassment For too long incidents of sexual abuse against incarcerated persons have not been taken as seriously as sexual abuse outside prison walls. In popular culture, prison rape is often the subject of jokes; in public discourse, it has been at times dismissed by some as an inevitable or even deserved consequence of criminality. Sexual abuse is never a laughing matter, nor is it punishment for a crime. Rather, it is a crime. It is no more tolerable when its victims have committed crimes of their own.

26 Sexual Abuse Inability to Consent By law inmates cannot consent while in a confinement setting to staff, volunteers, or contractors ALL romantic relationship and/or sexual acts between staff and inmates is considered a violation of PREA and zero-tolerance policy and is sexual abuse. This is a violation because of imbalance of power that exists in confinement settings United State Department of Justice, PREA Final Rule, 2012; http://ojp.gov/programs/pdfs/prea_final_rule.pdf

27 Sexual abuse of an inmate by another inmate Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse: Contact between the penis and the vulva or the penis and the anus, including penetration, however slight; contact between the mouth and the penis, vulva, or anus; penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and

any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation. 28 Sexual abuse of an inmate by a staff member, contractor, or volunteer Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer includes any of the following acts, with or without consent of the inmate, detainee, or resident: Contact between the penis and the vulva or the penis and the

anus, including penetration, however slight; contact between the mouth and the penis, vulva, or anus; contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; 29 Sexual abuse of an inmate by a staff member, contractor, or volunteer, Cont. Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer

has the intent to abuse, arouse, or gratify sexual desire; Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; Staff definitions continued to next slide. 30 Sexual abuse of an inmate by a staff member, contractor, or volunteer, Cont.

Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in previous slides; Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, detainee, or resident, and 31 Sexual abuse of an inmate by a staff member, contractor, or volunteer, Cont. Voyeurism by a staff member, contractor, or volunteer

means an invasion of privacy of an inmate, detainee, or resident by staff for reasons unrelated to official duties, such as peering at an inmate who is using a toilet in his or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an inmates naked body or of an inmate performing bodily functions. 32 Sexual Harassment U.S. Attorney General PREA Definition

I/M to I/M or Staff Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate, detainee, or resident directed toward another; and 33 Sexual Harassment U.S. Attorney General PREA Definition Staff on I/M

Repeated verbal comments or gestures of a sexual nature to an inmate, detainee, or resident by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. 34 The Right of Inmates and Employees to be Free from Retaliation for Reporting Sexual Abuse and Sexual Harassment Employee Training Goal #4

115.31 (4) PRE-AUDIT QUESTIONAIRE 115.31 (a)-1 4) 35 What is Retaliation?? Retaliation occurs when an inmate or staff injures, harms, intimidates, or discriminates against a person who has reported sexual abuse and/or sexual harassment or attempts to do so in response to the report.

What are other examples of possible retaliation? 36 Agency Protection Against Retaliation 115.31 (4) 115.67 The agency/institution shall protect inmates and staff who report sexual abuse/harassment or cooperate with an investigation from retaliation PREA compliance managers (PCM) will conduct retaliation monitoring of inmates for a minimum of

90 days. unless the allegation has been determined unfounded. Warden or PCM will monitor staff for possible retaliation. 37 Agency Protection Against Retaliation 115.31 (4) cont. Protection measures may include: Housing or transfers for inmate victims or abusers Emotional support services for inmates

Referral for investigation to the OIG, for staff suspected of retaliating against inmates and/or staff Case by case staff may be assigned to another post/position or; Temporary re-assigned to another institution while the investigation is on-going. 38 Dynamics of Sexual Abuse and Sexual Harassment in Confinement Employee Training Goal #5

115.31(5) PRE-AUDIT QUESTIONAIRE 115.31 (a)-1 5) 39 Contributing Conditions to Sexual Abuse in Confinement Larger population of violent offenders High racial tension/conflict Overcrowding

Poor supervision Inadequate staffing levels Blind Spots 40 Dynamics of Sexual Harassment May precede sexual abuse and is used to:

test a target demean others overtly or subtly intimidate challenge new inmates/residents or staff threaten inmates/residents or staff who are perceived to be weaker 41 Dynamics of Sexual Abuse Sexual Aggressors look for means, opportunity, and vulnerability, selecting targets

who are least able to defend themselves, who may be less believed or believable, or who are disliked or ostracized. PREA Review Panel Testimony by Dr. Robert Dumond, November 2006 available at: http://www.ojp.usdoj.gov/reviewpanel/pdfs_nov06/test_dumond.pdf 42 Who May Be A Sexual Aggressor Inmates who may have aggressive behavior Inmates who may be sexually compulsive Convicted of violent crimes Repeat / long-term offenders who are familiar with prison

culture Sexual predatory behavior in the community or History of sexual predatory behavior in prison. 43 Who May Be Targeted? People who identify as LGBTI People who are younger People with Disabilities mental health, developmental/intellectual, physical First time offenders

Perceived/appear to be weak Small in stature, not able to defend themselves People who have been victims of previous sexual abuse 44 Common Places Where Sexual Violence May Occur Isolated Areas

Showers Dark corners in dorms Kitchen Chapel Work areas Areas with less supervision Multi-person Housing Cells where offenders are double-bunked 45 Why Reports Maybe

Delayed Fear, guilt, shame Maybe placed in protective custody, segregation or transferred Fear of being labeled a homo, punk or snitch Idea that inmates cannot be real victims SOURCE: Dumond, R.W. & Dumond, D.A. (2007a). Managing prison sexual violence: A guide to effective victim services. Building Blocks for Institutional Safety. Denver, CO: Colorado Department of Public Safety, Division of Criminal Justice, Office of Research & Statistics. 46 Do NOT make assumptions

Do not assume the validity of the report/allegation exclusively based on: How long ago the alleged incident occurred or The reasons an alleged victim gives for delaying the report. Who made the report.

47 Sexual horseplay Touching a man or womans body in a non-violent (but uninvited and unwanted) manner is also a relatively mild form of victimization sexual abuse. 48 Male Dynamics of Incarceration

Mens facility cultures value aggression and power. Some see sexual aggression as a way to assert their power and control over others. Being victimized and seeking help often are viewed as signs of weakness. Men tend to isolate themselves from others. 49 Male Sexual Aggressor * Aggressors groom and take time on their investment in the victim. * They will at some point, want a return on that investment .

* If the investment is protection against other offenders, the return may be in the form of sex (wife) to the aggressor * may eventually be pimped out to pay the aggressors debts to others. 50 Male on Male Sexual Violence in Confinement Often committed by men who identify as Straight

Tool to establish and maintain power and control over other men Youthful Males in adult confinements are 5xs more likely to be sexually abused 51 Female Dynamics of Incarceration The female U.S. prison and jail population has increased by over 700% over the past four decades, rising to

215,000 women being incarcerated. Womens Prisons are considered safer than mens prisons. Many female prisoners express feeling that prison is safer than the streets. In womens facilities, relationships and loyalty tend to be valued highly. Why would some women feel safer in prison? 52 Pathways For Incarcerated Women There is some indication that the link may begin early in life. Half of incarcerated women were first arrested as

juveniles. First arrest as a run away from home to avoid abuse. 53 Pathways For Incarcerated Women continued Girls from violent homes are at heightened risk of delinquent behavior such as: Substance abuse Drug dealing/charges Property crimes Intimate partner violence contributed to risk for commercial sex work

54 Incarcerated Female History of Abuse The overwhelming majority of women in prison are survivors of domestic violence. Three-quarters have histories of severe physical abuse by an intimate partner during adulthood, and 82% suffered serious physical or sexual abuse as children 55

Pseudo-Family in Womens Prisons The female inmate population presents unique circumstances for correctional staff A common coping mechanism for the female population is known as pseudo-family development behind bars A Pseudo-family can be as large as 15-20 inmates and made up of a variety of races. Female inmates will play the roles of mother, father, sister, brother and grandparent. https://www.correctionsone.com/jail-management/articles/1956587-The-pseudo-family-phenomenon-in-womens-prisons / 56

Family Ties Pseudo-families are not necessarily sexual in nature nor are they gang affiliated Families are formed for a variety of reasons Emotional, Economic support Companionship, and; Protection https://www.correctionsone.com/jail-management/articles/1956587-The-pseudo-family-phenomenon-in-womens-prisons/ 57

Mother/Father Mother figure: often listens and provides advice. tends to be an older more experienced inmate who has served a significant amount of time Father figure: dominate female (acts/looks more manly). Plays the husband and offers protection to the family members and at times this is in exchange for sexual favors https://www.correctionsone.com/jail-management/articles/1956587-The-pseudo-family-phenomenon-in-womens-prisons/

58 Sexual Abuse in Female Facilities: Sexual Assault/Coercion much higher when they first come to prison Pressure eventually subsides for unaffiliated women. Many incarcerated women hold a strong desire to belong to some sort of group Companionship to combat loneliness Women in this situation tend to give into peer pressure more easily

Most women in Prison/jail have no concept of healthy relationships 59 Sexual Violence Between Female Inmates Almost always grounded in personal relationships Most forced sex takes place within a seemingly consensual sexual relationship Sexual Assaults can and do occur between female inmates

60 Sexual Abuse By Male Staff Sexual abuse/misconduct offenses against female inmates may include, but not limited to: Sexual Assault/Rape Groping Violating privacy of female inmates when not part of official duties such as; when inmates are showering or watching them undress. Commenting on physical appearance/sexual harassment. 61

COMMON REACTIONS TO SEXUAL ABUSE AND SEXUAL HARASSMENT (VICTIMS) Employee Training Goal #6 115.31 (6) PRE-AUDIT QUESTIONAIRE 115.31 (a)-1 6) 62

How Does a Sexual Abuse Victim Respond? Each survivor of sexual assault responds uniquely to the assault, and the recovery process is different for each individual. Reactions may be experienced days, months, or years after an assault. Survivors suffer a great deal of physical and emotional trauma. Responses can be immediate or delayed. https://sapac.umich.edu/article/45 - common reactions to sexual assault 63 Trauma Changes the Brain & Response

Victims might not remember what happened to them Human stress response hormones are released that help us respond to trauma That means two things are happening: A signal shoots to the brain and then Fight or Flight body response occurs or tonic immobility can occur, body literally freezes Source: Specialized Training: Medical/Mental Health Care (Regional Training Files) Authors: National Commission on Correctional Healthcare (NCCHC), April 2013 64

Trauma Changes the Brain & Response, Cont. The other thing to remember is that the stress hormone interferes with the way we are able to store memory. Trauma response or PTSD the trauma continues to live in the brain. This can impact behaviors and create triggers. Source: Specialized Training: Medical/Mental Health Care (Regional Training Files) Authors: National Commission on Correctional Healthcare (NCCHC), April 2013

65 Victims May o Mask or hide feelings behind a: o calm, o composed, or o subdued effect. o Present themselves in a: o flat affect, o quiet, o reserved manner. o Have difficulties expressing themselves.

*SOURCE: Dumond, R.W. & Dumond, D.A. (2007a). Managing prison sexual violence: A guide to effective victim services. Building Blocks for Institutional Safety. Denver, CO: Colorado Department of Public Safety, Division of Criminal Justice, Office of Research & Statistics. 66 Victims May Negatively cope by: Dulling their senses with substances. Acting out their pain by re-victimizing others Being self-destructive Engaging in sexually promiscuous and/or aggressive behavior

Be aware you may encounter victims at all stages depending on when they came forward to report the abuse. SOURCES: Dumond & Dumond, 2002; Lockwood, Daniel. (1980). Prison Sexual Violence. New York: Elsevia/Thomond Books and Wooden, WS & Parker, J. (1982). Men behind bars: Sexual exploitation in prison. New York: Plenum Press. 67 Impact of Sexual Abuse For Men/Boys May experience erection and orgasm during anal rape due to the pressure on the prostate which; compounds the trauma and

exacerbates self-blame. May experience concern about their; masculinity, competence and security, which increases their humiliation and suffering. SOURCE: A Guide to An Effective Medical Response to Prisoner Sexual Violence {Monograph for Colorado Department of Public Safety Dumond & Dumond, 2007} 68 Impact of Sexual Abuse For Men/Boys

Men often manifest a more controlled response, which may lead authorities to conclude the events did not occur or to minimize its impact. 69 Impact of Sexual Abuse Women/Girls Have a much higher rate of physical and sexual victimization during; childhood, adolescence and

prior to their incarceration May experience compounded expectations of betrayal and anger in cases of staff sexual misconduct. SOURCE: Dumond, R.W. & Dumond, D.A. (2007a). Managing prison sexual violence: A guide to effective victim services. Building Blocks for Institutional Safety. Denver, CO: Colorado Department of Public Safety, Division of Criminal Justice, Office of Research & Statistics. 70 Incarcerated Sexual Abuse Victims May experience repetitive assaults by multiple

assailants over a period of time. This may lead to: Ongoing physical and psychological trauma, A more debilitating form of PTSD May experience: A loss of social status, and Increased vulnerability within the jail or prison 71 Physical Effects

Changes in eating pattern/eating disorders Fatigue Nightmares Muscular tension STDs / HIV-AIDS Physical injuries Stress related depression

https://sapac.umich.edu/article/45 - common reactions to sexual assault 72 Emotional Effects

Anger Anxiety Denial Depression, sadness Embarrassment, feeling exposed, humiliated Fear Helplessness, mood swings, phobias Shame, guilt, self blame vulnerability https://sapac.umich.edu/article/45 - common reactions to sexual assault

73 Cognitive Effects Confusion Difficulty concentrating

Flashbacks I deserved it because. If I forget about it, it will go away Will they blame me? What will people think? https://sapac.umich.edu/article/45 - common reactions to sexual assault 74 Social Effects Difficulty around persons having similar attributes to the perpetrator Difficulty getting things accomplished

Fear of leaving house (cell) Hypersensitivity when relating to others Loss of trust in self and others https://sapac.umich.edu/article/45 - common reactions to sexual assault 75 How to Detect and Respond to Signs of Threatened and Actual Abuse Employee Training Goal #7 115.31 (7) PRE-AUDIT QUESTIONAIRE 115.31 (a)-1

7) 76 How Can Staff Help Prevent Sexual Abuse & Harassment Know the inmate population in your immediate area under your control. Report unusual and suspicious behavior More frequent and random unit tours Be involved in your facilities efforts to better prevent, deter, and detect sexual abuse and sexual harassment by working with facility administration in making

policies. 77 Reporting and Responding to Inmate on Inmate Sexual Abuse Staff Reporting Any staff member who receives a verbal or written report of sexual assault or any attempt thereof, will immediately report the information through their chain of command. Reports will be accepted regardless of where the allegation comes from. 78

Staff responsibilities after receiving an allegation Apart from reporting to designated supervisors or officials, staff shall not reveal any information related to sexual abuse report to anyone other than: Medical / Mental health for Treatment Criminal Investigator and other security and management decisions. Classification 79

Allegations of Sexual Abuse Inmates may report they were sexually abused within hours of the incident or may report months or even years after it occurred. All allegations shall be responded to immediately regardless of time frame. Sexual abuse allegations reported to have occurred within hours and up 72 hrs (case by case 96 hrs). Immediate PREA protocol response will be initiated according to facility PREA coordinated response plan forms: DOC 2092 (A) DOC 2093 (B) DOC 2094 (C)

80 Who is a First Responder? Anyone can be a first responder in terms of being the first to know information or coming upon an incident. Any person who is not an inmate is expected to take action to further prevent sexual abuse or sexual harassment from continuing or about to happen. Separate the alleged victim and abuser If the abuse occurred within a time period (72 hrs) that allows physical evidence, the first responder shall request that the alleged victim and abuser do not take any actions that could destroy physical evidence to include: Brushing Teeth Washing/showering Urinating

defecating drinking or eating If you are a First responder and not custody staff, you are also required to request that the alleged victim not take any of the above actions and notify custody staff. 81 What steps do custody staff need to take? In addition to requesting that the victim does not take any actions from the previous slide, custody staff have additional immediate steps to follow. Ensure the victim is safe and separated from aggressor(s). Immediately notify Supervisor Secure the crime scene(s)

Escort victim to medical Medical staff will conduct cursory exam Victim will be transported for a sexual assault forensic exam. Victim must consent to have the forensic exam. 82 Crime Scene 115.64 (a) (2) Any physical scene, anywhere, that may provide potential evidence to an investigator Custody staff will protect the crime scene Prevent destruction of fragile evidence

Preserve integrity of crime scene Provides safety against false leads 83 Area Incident Occurred 84 Persons are a Crime Scene 85 SOURCES OF DNA

Blood Saliva Sweat (skin cells) touch DNA Hair Root Mucous Vaginal Fluid Semen Vomit Feces 86 Protecting The Crime Scene

Victims Underwear Victims Clothes Towel Blanket and sheets Jail/Prison Condom Rubber medical gloves Garbage bags

Anything they can use as a barrier Tissue Other 87 Other Supportive Evidence Letters or notes between suspect and victim. Usually will be found when staff is the suspect

Gifts, excess commissary, extra unexplained items, contraband. 88 How To Avoid Inappropriate Relationships With Inmates Custodial Sexual Misconduct Employee Training Goal #8 115.31 (8) PRE-AUDIT QUESTIONAIRE 115.31 (a)-1

8) 89 Unauthorized Custodial Conduct NRS 212.188 - Section 6 - 2 (a-c) Sexual abuse of a Prisoner is guilty of a Category D Felony Unauthorized custodial conduct by engaging in certain acts is guilty of a gross misdemeanor (GM) Includes but not limited to: Kissing an inmate Voyeurism

Attempt to engage in certain acts is guilty of a misdemeanor (M) 90 AR 339 Employee Code of Ethics & Conduct Corrective or Disciplinary Action & Prohibitions & Penalties Sexual Abuse: Class 5 termination if sustained Sexual Harassment: Class 1 -5 for first sustained allegation

Class 3 -5 for second or any subsequent sustained allegation Failure to report: Class 5 termination if sustained 91 Why are Romantic Relationship a Safety and Security Risk??? Inmate Jody Thompson struck up a romantic relationship with a prison dental assistant, who in turn gave him a token of her love a cell phone. Two weeks later, Thompson used that smuggled

cell phone in his escape from the state prison in Carson City. It was three months, two robberies and a few high-speed chases later before he was back behind bars. http://lasvegassun.com/news/2009/jul/ 20/no-bars-behind-bars/ 92 Prison guard accused of having sex with inmate pleads guilty A Nevada corrections officer pleaded guilty on Wednesday

to misconduct of a public official following accusations of having sexual relations with a woman The states attorney general had initially charged Eugenio Dimas, 51, with official misconduct and having voluntary sex with 26year-old inmate http://lasvegassun.com/news/2013/jun/05/prison-guard-accused-having-sex-inmate-pleads-guil/ 93 If they go by a number and wear blue

They are NOT cute. It is against the law and/or Department regulations for Staff to have sex and/or a relationship with an inmate, whether they are incarcerated, on parole/residential confinement (house arrest). Suggest not entering in a relationship with an ex-felon. 94 Code of silence Definition:

An informal institutional or organizational culture that says members of the group will not inform on or give evidence or testimony against other members of the group, even though actions of the other members may involve breaches of policy or even the criminal law. Also referred to as the Code of Blue. 95 Understanding the Mix of Dynamics in Confinement Settings Confinement settings are complex: Same community

Know inmates long-term at the facility Staff may have their own vulnerabilities Closeness in age between staff and inmates This can create challenges in maintaining professional boundaries Remember, in confinement there is no such thing as staff-inmate consensual relationships 96 Professionalism Compromised ? Jeopardize security Damage trust among staff, inmates, families, volunteers and contractors

Violate constitutionally-guaranteed rights of inmates Create a hostile/sexualized work environment Expose entire agency and staff to civil and criminal liability Polarize the department as people take sides Create bad media/press The Moss Group Inc. 97 Safety Compromised Result in contraband being brought into the facility

Creates an opportunity for inmates to access restricted areas Can provide inmates with access to information on security and operations at the facility Staff stop thinking clearly about safety and security, focused on the relationship 98 Culture Compromised Create a sexualized work environment Create a culture of secrecy and code of silence Create a culture of accepting inappropriate behaviors, makes staff uncomfortable to go to

work Can result in unwanted media attention, lawsuits, investigations Damage lives (staff, victims and families impacted) 99 Examples of Inappropriate Behaviors Making sexual jokes with inmates or in front of inmates Using inmate nicknames instead of proper terminology dictated by policy Discussing personal issues with inmates or in front of inmates Allowing a favorite inmate to have special privileges Feeling like you can trust an inmate to have your back Doing special favors for inmates (contacting outside family members or bringing in

contraband) Getting involved with inmate issues Gossiping about other staff with inmates or in front of inmates Complaining about supervisors or your job with inmates 100 False Allegations Can Occur False allegations can be personally and professionally challenging Investigations are critical even in false allegations, it maintains credibility of the system and can clear your name Do not spread rumors or gossip about the person in question

Educate inmates on the damage false allegations can create on personal lives, the facility, and their own lives should something serious need to be reported When sexual abuse is addressed in policy and practice, there may be an initial spike in both legitimate and false allegations 101 False Allegations What can you do to avoid possible false allegations being filed against you? Maintain respectful and professional communication at all times Clearly establish your professional boundaries

with staff and inmates Create credibility among inmates and staff through being fair and policy-minded 102 What Staff Did by Crossing The Line Abused their roles Betrayed the basic tenets of our profession Broke the law

Three correction officers charged for sexually abusing female inmates; one made light of issue on Facebook Andrew Keshner NEW YORK DAILY NEWS Updated: Thursday, May 25, 2017, 9:11 PM Perez, 46, and Martinez, 47, face up to life in prison. Theyve been suspended without pay. Moronta, 39, is looking at a 60-year sentence. He was already under indictment for taking bribes and

smuggling contraband like K2 and cellphones into the Sunset Park detention center 103 Staff & Inmates: Always an Unequal Relationship Staff control the lives, freedom and safety of inmates Staff can place offenders at risk with other offenders write disciplinary infractions, compromise safety

Staff and offenders can NEVER be in an equal relationship 104 Avoid Inappropriate Relationships With Inmates Maintain a professional demeanor Maintain a professional distance Focus behavior on duties and assignments Do not become overly familiar with any particular inmate

105 Additional Consequences 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, shall be reported to law enforcement agencies, unless the activity was clearly not criminal, and to any relevant licensing bodies. 106

Communication and Professionalism with LGBTI or Gender Non Conforming Inmates Employee Training Goal #9 115.31 (9) PRE-AUDIT QUESTIONAIRE 115.31 (a)-1 9) 107

Perception Why is understanding perception important to all of us? Perceptions can influence how we communicate with inmates, especially those who identify as LGBTI Perceptions can also influence how we communicate with other staff 108 What is Person Perception??

Different mental processes that we use to form impressions of other people Consider how often you make these kind of judgments everyday You might draw conclusions even though you know very little about the person https://www.verywell.com/person-perception-2795900 109 What is Person Perception?? continued

Some factors that can influence the impression you form: Characteristics of the person you are observing Context of situation Roles and social norms we expect from people Social categorization Mentally categorize people into different groups

Most common grouping include Age Gender Occupation and Race https://www.verywell.com/person-perception-2795900 110 Communication Communication must be done at a mutual respect level and even if the level is disrespectful, you CANT allow yourself to be

drawn to a lower level. To communicate effectively, one must listen effectively and respond accordingly. Remove any personal stigmas, biases or prejudices corrections.com: working with people (prisoners) you don't like; by Carl ToersBijns, former deputy warden, ASPC, Eyman, Florence AZ; 12/26/2011 111 The Words We Use Are Powerful The language staff uses helps to create a culture of safety and respect

If staff use disrespectful, offensive or abusive language, it creates an environment that condones the same behavior from the inmates Consider that you may not always be aware which staff or inmates identify as LGBTI 112 The Words We Use Are Powerful Use Professional and culturally appropriate language as opposed to slang or slurs Accept that sometimes you will say the wrong thing Be aware of how your own beliefs affect your

perceptions Staff gain respect from inmates when carrying out professional day to day interactions with inmates. 113 Gender Neutral Language Staff shall use gender neutral language when addressing inmates When staff are addressing or referring to an inmate it will always be by their legal last name such as inmate Jones 114

Non-Verbal Communication Language can be verbal or nonverbal Over 70% of our communication in nonverbal Nonverbal communication can include: Gestures Laughing Facial expressions Body language Ignoring Rolling Eyes 115

SOGIE What is the meaning/definition of SOGIE? SOGIE is the acronym for: Sexuality Orientation Gender Identity

Expression 116 Sexual Orientation Sexual orientation is the term used to describe what gender(s) someone is sexually and/or romantically attracted to. You CANT tell a persons sexual orientation by the way they look, their job or hobbies. The only way to know is if they tell you. http://gayteens.about.com/od/glossary/g/nonconform.htm

117 What is Gender? Refers to societys expectations about how we should think and act as girls, boys, women and men. It is our biological, social and legal status as women and men. https://www.plannedparenthood.org/learn/sexual-orientation-gender/gender-gender-identity 118

What is Gender Identity and Expression?? Gender identity and expression is how we feel about and express our gender and gender roles: Clothing Behavior and; Personal appearance https://www.plannedparenthood.org/learn/sexual-orientation-gender/gender-gender-identity 119 Gender Conforming

Gender conformity can be defined most simply as behavior and appearance that conforms to the social expectations for ones gender. 120 Gender Non Conforming Those who are gender non-conforming shun or ignore the dress, fashion or behavior of their own sex and adopt a sense of style all their own without regard to gender stereo-types or norms. Some gender non-conforming people identify as transgender, but others dont.

http://lesbianlife.about.com/od/trans/f/What-Is-Gender-Non-conforming.htm 121 LGB Lesbian - A woman who is emotionally, romantically and sexually attracted to other women. Gay - A man who is emotionally, romantically and sexually attracted to other men. Bisexual - A man or woman who is emotionally, romantically and sexually attracted to both men and women.

122 Transgender (T) Umbrella term used for a person whose gender identity & expression does not match the gender they were assigned at birth. FTM: Person assigned female at birth but whos identity is that of a man. MTF: Person assigned male at birth but whod identity is that of a woman. 123

Intersex Intersex A general term used for a variety of conditions in which a person is born with a reproductive or sexual anatomy, or chromosome pattern, that doesnt seem to fit the typical definitions of female or male. Approximately(1) in 1,500-2000 people are born intersex. **(See Intersex Society of North America and Advocates for Informed Choice) 124 Straight

Straight (aka heterosexual) - A person who is emotionally, romantically and sexually attracted to another person who is of a different sex and/or gender. 125 Complying With Relevant Laws Related to Mandatory Reporting Employee Training Goal #10 115.32 (10) PRE-AUDIT QUESTIONAIRE 115.31 (a)-1

10) 126 Staff & Agency Mandatory Reporting Responsibilities 115.61(c) Unless otherwise precluded by Federal, State, or local law, medical and mental health practitioners shall be required to report sexual abuse. Inmates shall be informed of the practitioners duty to report

Limitations to confidentiality must be provided at the initiation of services 127 Staff and Agency Mandatory Reporting Responsibilities 115.61 If the alleged victim is under the age of 18 or considered a vulnerable adult under State or local vulnerability persons statute, The agency shall report to the designated State or local services agency under applicable mandatory reporting laws.

*****Regardless if a person under the age of 18 has been adjudicated as an adult and sentenced to Prison this law still applies. 128 Currently Under 18 or Over 18 & Incident occurred under 18 Institutions outside Clark County Nevada Health & Human

Services DOC form 2099 will be completed & sent the same shift via fax to: Child Protective Services, Fallon (775) 423-8057 Institutions within Clark County Nevada Health & Human Services DOC form 2099 will be completed & sent the same

shift via fax to: Child Protective Services, Las Vegas (702) 455-6494 129 Summary NDOC has a Zero tolerance for any Sexual Abuse or Harassment. Inmate have rights to be free from sexual abuse and sexual harassment All allegations of inmate sexual abuse and staff sexual abuse/harassment will

be investigated. Staff and inmates have the right to be free of retaliation when they file a report. 130 If You Have Questions or Want to File a Report Contact: Office of the Inspector General PREA Management

775-887-3142 [email protected] http://doc.nv.gov/About/NDOC_Office_of_the_Inspector_General/PREA_Incident_Report/ 131

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