Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Training Investigators to Work in a Correctional Setting Investigating Allegations of Staff Sexual Misconduct with Offenders July 2006

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Training Objectives:  Debunk myths - the criticality of training investigators Agency investigators Non-agency investigators  Identify investigative competencies “Hard” and “soft” competencies Overview training techniques Idaho  Examine the need to “demystifying” the investigative process for employees and offenders  Review the impact of improved investigations

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Why Train Investigators?  De-bunking myths: Criminal allegations not a priority Corrections employees know how to investigate Investigators from non-corrections agencies are more competent Cases lack “jury appeal” so why bother Use institutional rules to “punish”

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Criminal allegations not a priority  Perpetrators are already serving time  Minimal impact on the community  Apathy of the public, outside investigators, prosecutors  Resources are finite

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Corrections employees know how to investigate  Decline in pre-service and in-service training  Criminal vs. rule violations  Skills First responder Report writing Testimony  Equipment  Experience

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigators from non-corrections agencies are more competent  Expose to correctional environments  Dynamics of correctional environments  Skills Interviewing offenders  Knowledge Where is the evidence?  Attitude

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Cases lack “jury appeal” so why bother  Impact on facility safety  Impact on employees  Impact on offenders  Impact on the community  Legal obligations of the correctional organization To offenders To employees

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Use institutional rules to “punish”  Competent and fair application of rules and sanctioning  Facility security  Deterrent impact Prevention – employees and offenders  Patterns of indifference  Beyond public scrutiny

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Memoranda of Agreements  Establish responsibilities under statute Time lines, notifications Authority to request investigations Triggers for investigations Criminal vs. administrative  Define administrative control Techniques to be used Chain of command, need to know  Coverage Employees, contractors, vendors, etc.

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Memoranda of Agreements, cont.  Identify and define critical relationships EMS SATC Crime Lab Prosecutor  Specify treatment of victims, witnesses, perpetrators

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Memoranda of Agreements, cont.  Defines outcomes Referrals for prosecution Referrals for administrative actions (employees and offenders)  Defines responsibilities for media, public disclosure  Addresses aftermath management Release of information  Addresses costs

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Flow from memoranda of agreements Agency investigators Other investigating agencies (if not the corrections agency)  Impact of how complaints/allegations are received  Investigative Protocols Checklists Report formats

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies: First Responders  Identify a crime may have been committed  First aid  Separate  Notify  Secure the scene

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Statutes and Directives: PREA MOAs CBAs Agency policies/procedures/protocols Format of reports  Findings vs. conclusions  Prosecution linked How complaints received The criminal justice system

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Dynamics of a correctional environment Offender/offender interactions – “job description” Employee/offender interactions  Ability to see offender as a victim  Dynamics of sexual assault in a correctional environment “Consensual” Same sex dynamics Profile of offenders PTSD, Survivor

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Evidence in a correctional environment Phone records, commissary, logs, cameras, housing records, medical/mh records, requests for changes, classification file, disciplinary records, grievances, inmate file, visitor lists.. Checklist

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Facility operations Classification of offenders Programming Physical plant Staffing History of allegations Commissary, etc. Offender movement

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Responding Checklists Resources, SART, SANE Collection of DNA or other perishable evidence  Use of equipment Digital cameras, specialized equipment  Chain of custody Safeguarding victim, witnesses, etc.

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Investigations 101  Interviews and Interrogations Victims and vulnerable populations  Sexual assault victims Witnesses, perpetrators Options:  Polygraph, voice stress analyzer, etc.  Mental health involvement  Removal from facility  Other

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Ability to manage the victim, witnesses and perpetrator(s) Timing and sequencing  Employees or offenders

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Investigation Management Investigative records and notes Files Formats Logs Sequencing Use of teams Gender of investigators Supervision of the investigation Use of Garrity and Miranda Link analysis

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Reporting writing

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Dress

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Depositions  Court testimony

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Investigative Competencies  Aftermath Recognizing crisis  Offenders  Employees  In themselves

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Training Techniques  Academy – Investigations 101 Also report writing  Shadowing  Mock trials, mock crime scenes  Victim advocates Sexual assault treatment responders

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Demystifying the Investigative Process  Clarity, transparency  Prevention/deterrence  Cooperation Code of silence – offenders and employees  Why things happen  Rights and responsibilities  False reports  Accountability  WIFM

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Idaho Selection Process  Application  References  Skills test  Background check  Check references  Psych screening

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Idaho, continued Skills  Written communication  Interpersonal skills/verbal communication Connect with employees Connect with offenders  Computer knowledge (keyboarding, use of Internet, etc.)  Organizational skills  Leadership skills  Teamwork (ability to work with a team)

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Idaho, continued Knowledge  College  Correctional knowledge (years of experience)  POST credits  Speak Spanish (a plus)  Investigative background/experience

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Idaho, continued Abilities  To travel  To handle high stress situations  To be on call  To be unbiased/open minded; ability to see inmates as victims  To conceptualize investigative work  To maintain confidentiality  Insightful  To multi-task  To handle large workload

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Impact of Improved Investigations  Safer facilities  Deterrent/prevention  Understanding = improved morale  Begins culture change and staff buy-in  Increases likelihood for prosecution  Gives agency claim of qualified immunity from civil suit  Transparency  Safer communities

Developed by Susan McCampbell under NIC Cooperative Agreement 06S20GJJ1 Training Investigators  Opportunities for collaboration between prosecutors and corrections