1. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Investigating Allegations of Staff Sexual Misconduct with Offenders National Institute of Corrections and Washington College of Law July 9-14, 2006

2. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Objectives Identify foundations for successful investigations Identify foundations for successful investigations Understand why investigations fail Understand why investigations fail Define considerations made in effective investigations Define considerations made in effective investigations Identifying useful investigative techniques (including interviewing staff and victims, evidence collection, etc.) Identifying useful investigative techniques (including interviewing staff and victims, evidence collection, etc.)

3. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Foundations of Successful Investigations Strong and clear zero tolerance policy for staff sexual misconduct Strong and clear zero tolerance policy for staff sexual misconduct Strong investigative policy Strong investigative policy Training staff and offenders about investigative process Training staff and offenders about investigative process Knowing the channels of reporting (including your mandatory reporting guidelines) Knowing the channels of reporting (including your mandatory reporting guidelines) Keeping victim-offender involved in process Keeping victim-offender involved in process

4. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Foundations of Successful Investigations Including where appropriate outside agencies to aid in the investigation Including where appropriate outside agencies to aid in the investigation Understanding what prosecutors need Understanding what prosecutors need Understanding evidence timelines Understanding evidence timelines The investigative process is viewed as credible The investigative process is viewed as credible Investigative process complies with applicable criminal laws and administrative procedures Investigative process complies with applicable criminal laws and administrative procedures Completion of successful investigations is defined as a security issue Completion of successful investigations is defined as a security issue Reasonable assurances to staff and offenders of protection from retaliation Reasonable assurances to staff and offenders of protection from retaliation Ensure safety and security Ensure safety and security

5. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Why Investigations Fail Attitude toward victim Attitude toward victim Reaction of 1 st Responders Reaction of 1 st Responders Lack of communication with investigative partners both internal and external Lack of communication with investigative partners both internal and external Law enforcement Law enforcement Mental Health Mental Health Medical Medical Prosecutors Prosecutors Lack of support for the victim’s safety Lack of support for the victim’s safety Administrative Reasons Administrative Reasons Weak policy Weak policy Lack of support from administration Lack of support from administration Poor teamwork Poor teamwork Poor Recordkeeping Poor Recordkeeping

6. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Why Investigations Fail Cont’d Timing and Pace of the investigation Timing and Pace of the investigation Distrust of investigators Distrust of investigators Poorly trained investigators Poorly trained investigators Lack of commitment to task Lack of commitment to task Poor coordination of agency partners Poor coordination of agency partners Process Process Leaks Leaks Uncooperative victims Uncooperative victims Vulnerable Victims Vulnerable Victims Uncooperative staff – code of silence Uncooperative staff – code of silence

7. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Why Investigations Fail Cont’d Evidence that is Evidence that is Limited Limited Weak Weak Poorly collected Poorly collected Poorly preserved Poorly preserved Not properly utilizing all of the available investigative tools Not properly utilizing all of the available investigative tools

8. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Considerations for Effective Investigations WHO WHO  Department of Internal Affairs  Local Law Enforcement  EAP  Union  Division of Youth Services  Advocacy and Protection Agencies  Prosecutors  Victim Services

9. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Considerations Cont’d PLACE PLACE  Probation or Parole Department  Community  Local Jail  State or Federal Prison  House Arrest  Half-way House  Work Release

10. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Considerations Cont’d INVESTIGATIVE TEAM INVESTIGATIVE TEAM  Gender  Ethnicity  Expertise  Qualifications  Language ability

11. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Considerations Cont’d WHAT WHAT  Crime scene management  Size of agency  Financial and legal restrictions  Policy  Guardianship (juvenile)

12. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Considerations Cont’d NEEDS NEEDS  Medical  Safety HOW HOW  Evidence Collection  Wiretaps  Interviews  Notifications

13. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Involving Other Agencies When When Embrace and develop mutual opportunities prior to need Embrace and develop mutual opportunities prior to need Immediately and in accordance with criminal law Immediately and in accordance with criminal law Immediately and in accordance with carefully developed protocols and MOU’s Immediately and in accordance with carefully developed protocols and MOU’s Embrace and assess throughout investigative process Embrace and assess throughout investigative process Why Why Maximize resources Maximize resources Building relationships for the future Building relationships for the future Enhance effective public policy Enhance effective public policy Enhancement of institutional and public safety Enhancement of institutional and public safety

14. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Investigative Techniques Property and room search of victim Property and room search of victim Check account activity of victim Check account activity of victim Telephone activity Telephone activity Mail Mail Records- Logbooks, roll call, medical records Records- Logbooks, roll call, medical records Body Wire Body Wire Electronic Monitoring Electronic Monitoring Controlled Calls Controlled Calls Polygraph Polygraph

15. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Finding DNA Evidence Chairs Chairs Floors Floors Cups Cups Clothes Clothes

16. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Sample Interview Questions for Successful Investigations 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 Hair pattern on body Type of underwear Type of underwear Bellybutton Bellybutton Scars/ Moles Scars/ Moles Tattoos / piercing Tattoos / piercing Circumcised / uncircumcised Circumcised / uncircumcised Hygiene Hygiene Skin pigmentation Skin pigmentation What do you know about the staff member? What type of vehicle does s/he drive? What are the staff member’s hobbies? Days off? Where did the staff member go on vacation? What type of home does the staff member have? Has the staff member ever given you cards, tokens, notes, photos?

17. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Sample Interview Questions Cont’d 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? Where does the officer live? What is the staff member’s telephone #? Have you told anyone about this? Whom? When? Description of area where act took place? Detail Locks Keys Announcements Radio transmission

18. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Know Your Law, Policy and Procedure for: Evidence collection and analysis Evidence collection and analysis When to include other agencies When to include other agencies Calling in victim services Calling in victim services Aggressive Investigative Techniques Aggressive Investigative Techniques Using offender Using offender Wiretaps Wiretaps polygraphs polygraphs Interviews of both victim and staff Interviews of both victim and staff

19. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 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 Sentence reduction Sentence reduction Change in housing Change in housing Jealousy Jealousy Revenge Revenge 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

20. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 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 Reassign Administrative Leave w/o pay Administrative Leave w/o pay Allow to resign Allow to resign E.A.P. referral E.A.P. referral Go to licensing agencies Go to licensing agencies Determine Garrity or Miranda Determine Garrity or Miranda

21. Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 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