The PRISON RAPE ELIMINATION ACT (PREA)

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Presentation transcript:

The PRISON RAPE ELIMINATION ACT (PREA) Understanding the National Standards to Prevent, Detect, and Respond to Sexual Abuse in Confinement Settings Welcome to the PREA online training curriculum for volunteers and contractors. The Tarrant County Juvenile Probation Department believes that every child in the juvenile justice system has the right to be safe and protected at all times. The Prison Rape Elimination ACT, also known as PREA, addresses the issue of sexual abuse and sexual harassment in adult correctional facilities as well as juveniles residing in juvenile facilities.

PREA Training for Volunteers & Contractors Mission… To operate a justice organization that supports victim rights and community safety while fostering productive, responsible behavior for youth and families. The Tarrant County Juvenile Probation Department operates the juvenile detention center. It is our mission to operate a justice organization that supports victim rights and community safety while fostering productive, responsible behavior for youth and families. PREA supports our mission and guides our policies and practices to help us ensure the safety, well-being and security of all juveniles in our care.

Objectives Introduce and review the Prison Rape Elimination Act and understand the impact, Discuss the zero tolerance policy, Define responsibilities under the Department’s sexual abuse and sexual harassment policies and procedures, and Review reporting procedures and responsibilities. The objective of this presentation are to introduce you to PREA and our department’s continuing commitment to zero tolerance for sexual abuse and sexual harassment. This video will also inform you on how to fulfill your responsibilities under our department’s sexual abuse and sexual harassment prevention, detection, reporting and response policies and procedures.

PREA – Purposes The Prison Rape Elimination Act of 2003 is a Federal law that supports the elimination, reduction and prevention of sexual abuse in adult and juvenile facilities, as well as community correction programs. Establish zero tolerance Increase accountability of officials who fail to detect, prevent, reduce, and punish prison rape. Make prevention of prison rape a top priority Develop national standards for the detection, prevention, reduction and punishment of prison rape Protect the Eighth Amendment rights of Federal, state and local inmates PREA is a federal law that supports the prevention, detection and elimination of sexual abuse and sexual harassment in all adult and juvenile correctional facilities by establishing zero tolerance, increasing accountability for those who fail to detect, prevent, reduce and punish prison rape, developing and implementing national standards of accountability and compliance requiring data collection, and protecting the 8th Amendment rights of federal, state and local inmates.

PREA It is important to remember that we are obligated to protect the children in our care and they CANNOT consent to sexual activity. It is important to remember that we are obligated to protect the children in our care and they CANNOT consent to sexual activity.

PREA – Zero Tolerance Tarrant County Juvenile Services mandates zero tolerance toward all forms of sexual abuse and sexual harassment. The safety and well-being of juveniles is of the up-most importance and the Department shall extend all efforts to prevent, detect and respond to such conduct. Every allegation of sexual abuse and sexual harassment will be investigated. Read first and second bullets

Prevention: How to Maintain Professional Boundaries PREA goals Prevention: How to Maintain Professional Boundaries The department has implemented safeguards to help prevent sexual abuse and sexual harassment such as video monitoring, staff training, background checks, to include checking for prior history of sexual abuse. We also provide an orientation to all residents on how to report sexual abuse or sexual harassment. This ensures residents are informed of departmental policies on how to report sexual abuse and sexual harassment. The department also expects all employees, contractors, volunteers, interns and vendors to assume an active role in preventing and reporting sexual abuse and sexual harassment.

Prevention Strategies Follow Department’s policies and procedures Sexual abuse of residents starts with poor boundaries - it is important to remain professional in all interactions with the youth Dress in appropriate, non-revealing attire Be respectful in all interactions Respect personal space of others Prevention strategies include maintaining appropriate professional boundaries. This is key in preventing sexual abuse and sexual harassment. Here are some prevention strategies: Always follow the department’s policies and procedures, Remain professional in all interactions, Dress in appropriate, non-revealing attire, Respect the personal space of others and never initiate personal contact with a resident.

Prevention Strategies Do not share information, such as personal address, phone number, social media Never accept gifts or favors from residents Never use indecent, rude or profane language Do not ignore inappropriate behavior from residents such as flirting or suggestive language Do not share personal information with a juvenile. Avoid jokes, words, phrases and gestures with sexual meanings; you never know who might be able to hear you.

Detection PREA goals Let’s talk about detection. PREA standardized the definition of sexual abuse and sexual harassment. Our staff have been trained in what conduct is prohibited and how to detect and respond to misconduct.

Sexual Abuse definition Sexual abuse is any form of unwanted sexual behavior : Contact between genitals or between genital and mouth, including penetration. Display of genitals, buttocks or breast. An invasion of privacy of a resident for reasons unrelated to official duties, such as peering at a resident who is using a toilet. Residents can never agree to engage in sexual activity. Sexual abuse is any form of unwanted sexual behavior, including intentional touching of a sexual nature, asking residents to expose private areas, or asking to engage in sexual intercourse or other sexual behaviors. Remember, residents can never consent to sexual contact.

Sexual harassment definition Deliberate or repeated, unsolicited verbal statements or comments of a sexual nature directed to any individual, including demeaning references to gender or derogatory comments about body or clothing, or repeated profane or obscene language or gestures. Read definition

“Potential” Misconduct Deviating from department policy to benefit particular residents, Overlooking infractions of a particular resident, Spending a lot of time with a particular resident, Taking up a resident’s cause or grievance, Doing favors for a particular resident, Sharing personal information or flirting with a particular resident, or Consistently volunteering for a particular assignment or shift to be close to a resident. We are all expected to actively encourage a safe and secure environment and to pay attention to the behavior of those around us. We should carefully observe and follow our intuition that may indicate an inappropriate relationship. Listed on this slide are some warning signs that an inappropriate relationship may be developing.

Responding & Reporting Prea goals Responding & Reporting PREA is designed to protect the residents in our care and those working with them. We are committed to the care, safety and security of our residents and in doing so will maintain professional interactions and boundaries at all times.

respond Every allegation of sexual abuse or sexual harassment WILL be investigated. There is no time limit for an allegation to be made. Every allegation of sexual abuse or sexual harassment will be investigated. There is no time limit in which an allegation has to be made.

How to report If you learn of or suspect an incident, immediately report it to the facility supervisor on duty. You will be required to write an incident report. Departmental Requirements: Law enforcement (TCSD) must be contacted immediately, but no later than 1 hour of learning of the incident, TJJD must be contacted immediately, but no later than 4 hours of learning of the incident. (1-877-786-7263) Let’s talk about how to report. We all have a responsibility to the residents and to the department to report all allegations and suspicions of sexual abuse and sexual harassment. If you learn of or suspect an incident has occurred, you are required to report it. Immediately report it to the facility supervisor on duty. They will make the necessary notifications to law enforcement and TJJD. You may be asked to complete an incident report form. A report has to be made to law enforcement immediately, but no later than 1 hour from the time of learning of the incident. A report also has to be made to TJJD immediately, but within 4 hours of learning of the incident.

When in Doubt, Report! If you’re not sure what to do, feel free to speak with the facility supervisor on duty. When in doubt, report it! Speak with the facility supervisor on duty and they will guide you.

Reporting Three investigations can be on-going: Law enforcement, TJJD, department internal investigation Subject of the investigation are required by law to not have contact with any juvenile and/or juvenile’s families. All parties are expected to cooperate with the investigation. When a report is made, 3 separate investigations are conducted. The department will conduct a thorough internal investigation to determine a finding and to determine if policy or procedure was violated. Law enforcement and TJJD may also conduct their own separate investigations. The subject of the investigation is required by law not to make contact with the alleged victim, relatives of the alleged victim or any other juveniles during the course of the investigation. All parties are expected to cooperate with the investigation.

PREA Training Please complete the training verification form acknowledging completion of the video. Please be sure to complete the training verification form and return it to sjaguirre@tarrantcounty.com. The form must be received before you can volunteer or conduct services in our department.

Contact information PREA Coordinator – Shelley Aguirre 817-838-4600 x 0706 Facility Administrator – Ron Lewis 817-838-4600 x 0737 Assistant Facility Administrator – Jesus Reyes 817-838-4600 x 0736 If you have any questions or concerns, please contact the PREA coordinator: Shelley Aguirre. The names and numbers or the facility administrator and assistant facility administrator are also listed. Thank you for watching!