Effective Investigative Process Addressing Staff Sexual Misconduct with Offenders Washington, DC March 12-17, 2006

Foundations of Successful Investigations Strong and clear policy on zero tolerance policy for staff sexual misconduct Strong and clear policy on zero tolerance policy for staff sexual misconduct Strong investigative policy for staff sexual misconduct Strong investigative policy for staff sexual misconduct Training of staff and offenders about investigative procedures Training of staff and offenders about investigative procedures Be sure investigators know the channels of reporting (including your mandatory reporting guidelines) Be sure investigators know the channels of reporting (including your mandatory reporting guidelines) Keep victim-offender involved in process Keep victim-offender involved in process Inclusion of outside agencies to aid in the investigative process Inclusion of outside agencies to aid in the investigative process

Foundations of Successful Investigations The investigative process is viewed as credible The investigative process is viewed as credible The investigative process is in compliance with applicable criminal laws and administrative procedures The investigative process is in compliance with applicable criminal laws and administrative procedures The completion of successful investigations are defined as a security issue The completion of successful investigations are defined as a security issue There are reasonable assurances of retaliation control There are reasonable assurances of retaliation control

Considerations for effective Investigations  WHO  Department of Internal Affairs  Local Law Enforcement  Prosecutors  Victim Services  PLACE  Probation or Parole Department  Local Jail  State or Federal Prison  House Arrest  Half-way House  Work Release

Considerations Cont’d  INVESTIGATIVE TEAM  Gender  Ethnicity  Expertise  Qualifications  Language Spoken  WHAT  Crime scene management  Size of agency  Financial and legal restrictions  Policy  Guardianship (juvenile)

Considerations Cont’d  NEEDS  Medical  Safety  HOW  Evidence Collection  Wiretaps  Interviews  Notifications

The Offender Interview Be prepared for virtually any type of emotional reaction Be prepared for virtually any type of emotional reaction Victim may assume the investigation lacks integrity Victim may assume the investigation lacks integrity Build rapport Build rapport Confidentiality Confidentiality Create a quiet, safe setting (inside vs. outside location) Create a quiet, safe setting (inside vs. outside location) Genuineness and authenticity Genuineness and authenticity Active listening Active listening Paraphrasing, summarizing & clarifying Paraphrasing, summarizing & clarifying Allow adequate response time Allow adequate response time Non-verbal communication Non-verbal communication Use concrete ideas (who, what, when, where, how) Use concrete ideas (who, what, when, where, how) When possible, avoid investigations involving individuals with whom your objectivity is challenged When possible, avoid investigations involving individuals with whom your objectivity is challenged Multiple Interviews Multiple Interviews Debrief Debrief Interview Teams Interview Teams Avoid judging, attacking, condescending, denial Avoid judging, attacking, condescending, denial Avoid offering pity Avoid offering pity Avoid beginning with preconceived outcome Avoid beginning with preconceived outcome Truth-finding Truth-finding

The Offender Interview Continued Use vocabulary and sentences that are at the individual’s level of cognitive and language development Use vocabulary and sentences that are at the individual’s level of cognitive and language development Be prepared to deal with feelings of intense fear and terror Be prepared to deal with feelings of intense fear and terror Set limits Set limits Do not personalize Do not personalize Be redundant, thorough, detailed Be redundant, thorough, detailed Be patient Be patient Boundary clarification Boundary clarification Clarify role, goals Clarify role, goals Provide accurate, straightforward information Provide accurate, straightforward information Maintain professionalism Maintain professionalism Focus on facts & behavior Focus on facts & behavior

Involving Other Agencies When When –Embrace and develop mutual opportunities prior to need –Immediately and in accordance with criminal law –Immediately and in accordance with carefully developed protocols and MOU’s –Embrace and assess throughout investigative process Why Why –Maximize resources –Building for the future –Enhance effective public policy –Enhancement of institutional and public safety

Investigative Techniques Resources: Use all available resources laid out for you under your law and policy Resources: Use all available resources laid out for you under your law and policy –Property and room search of victim –Check account activity of victim –Telephone activity –Mail –Records- Logbooks, roll call, medical records Use protocols outlined by your policy for interviews Use protocols outlined by your policy for interviews Use medical calls and records to your advantage Use medical calls and records to your advantage Document everything Document everything

Investigative Techniques Aggressive Techniques Aggressive Techniques –Body Wire –Electronic Monitoring –Controlled Calls –Dialogue-approach-discussion –Polygraph of staff and offender to assess credibility Physical Evidence Physical Evidence –Blood –Semen –Saliva –Skin –Hair

Sample Interview Questions: Victim Do you know the staff member’s financial status? Do you know the staff member’s financial status? To whom does the staff member owe money? To whom does the staff member owe money? Describe the staff member’s physical characteristics? Describe the staff member’s physical characteristics? –Hair pattern on body –Type of underwear –Bellybutton –Scars _ Moles –Tattoos / piercing –Circumcised / uncircumcised –Hygiene –Skin pigmentation What do you know about the staff member? What do you know about the staff member? What type of vehicle does s/he drive? What type of vehicle does s/he drive? What are the staff member’s hobbies? Days off? What are the staff member’s hobbies? Days off? Where did the staff member go on vacation? Where did the staff member go on vacation? What type of home does the staff member have? What type of home does the staff member have? Has the staff member ever given you cards, tokens, notes, photos? Has the staff member ever given you cards, tokens, notes, photos?

Sample Interview Questions: Victim Con’t When did your relationship begin? When did your relationship begin? What occurred? What occurred? When / Frequency? When / Frequency? Where did act take place? Where did act take place? Did ejaculation occur? Did ejaculation occur? Who was the last person you saw before the act took place? Who was the last person you saw before the act took place? Who was the first person you saw after the act took place? Who was the first person you saw after the act took place? Does the staff member own his/her home or rent? Does the staff member own his/her home or rent? What type of music does the staff member like? What type of music does the staff member like? What are the names of the officer’s family members, wife, kids, friends, pets? What are the names of the officer’s family members, wife, kids, friends, pets? Where does the officer live? Where does the officer live? What is the staff member’s telephone #? What is the staff member’s telephone #? Have you told anyone about this? Whom? When? Have you told anyone about this? Whom? When? Description of area where act took place? Description of area where act took place? –Detail –Locks –Keys –Announcements –Radio transmission

Know Your Policy and Procedure for: Evidence collection and analyzation Evidence collection and analyzation Including other agencies Including other agencies Calling in victim services Calling in victim services Aggressive Investigative Techniques Aggressive Investigative Techniques Interviews Interviews

Victims and Investigations Consider the victim’s perspective: fear, terror, the inmate code Consider the victim’s perspective: fear, terror, the inmate code Complex motives of the victims Complex motives of the victims Ability to relate to the victim Ability to relate to the victim Pace of the investigative process Pace of the investigative process Victim safety pending investigation Victim safety pending investigation Use victim services to advocate for the victim Use victim services to advocate for the victim

Staff Members and Investigations Written Reports Written Reports Confidentiality Confidentiality Interview with Detailed Notes Interview with Detailed Notes What to do with Accused Staff Member What to do with Accused Staff Member –Reassign –Administrative Leave w/o pay –Allow to resign –E.A.P. referral –Determine Garrity or Miranda

Remember! Be tenacious. Be tenacious. Be creative. Be creative. Be intelligent. Be intelligent. Keep good records. Keep good records. Know your agency’s policy and procedure and the state and federal criminal law. Know your agency’s policy and procedure and the state and federal criminal law. Bring in other skill sets – lawyers, physicians, forensics, treatment partners, and available community resources Bring in other skill sets – lawyers, physicians, forensics, treatment partners, and available community resources