1. New Jersey Department of Corrections
Prison Rape Elimination Act (PREA)
Audit Process
Gary L. Lanigan
Commissioner
Good Afternoon,
I was asked to give an overview of the New Jersey Department of Corrections’ experience with our DOJ PREA compliance audits.

2. NEW JERSEY DEPARTMENT OF CORRECTIONS
13 Facilities
22,500 Inmates
8,379 Employees (6,087 Custody/2,292 Non-Custody)
15 Residential Community Release Programs
Inspection of County Jails but not Operational Oversight
JJC under jurisdiction of Attorney General
13 Facilities including minimum units
8 Adult Facilities (one temporarily closed for renovation)
3 Youth facilities (not Juvenile)
1 Female Facility
1 Reception facility

3. FACILITIES AUDITED
Five (5) of our thirteen (13) NJDOC facilities have been audited – 1/3 of facilities
All RCRPs by contract will require ACA accreditation and will require PREA compliancy/audits
County Jails require DOC monitoring but not PREA audit unless seeking ACA Accreditation
County Jail interpretation – only need audits if DOC has operational control

4. SELECTING AN AUDITOR RFP Process The Nakamoto Group selected
2 auditors to conduct the five audits
Auditor for next audit selected - will be one auditor for 4 facilities
1st audit – sent out 5 RFPs to interested vendors – received 3 bids
2nd audit – sent out 6 RFPs to interested vendors – received 2 bids

5. DOJ CERTIFICATION PROCESS
GOVERNOR CERTIFICATION REQUIRED BY MAY 15, 2014
Prior to Audit deadline of August 15, 2014
Certify Full Compliance
Submit assurance that not less than 5% of certain DOJ grant funds will be used solely for the purpose of enabling the state to achieve full compliance with PREA
Return 5% of certain DOJ grant funds when Governor is not able to certify that state is in full compliance and elects not to submit an assurance
Penalty estimates for Federal FY2014 are based on FY2013 award amounts.
Edward Byrne Memorial Justice Assistance Grant - reduction of $230,000.
STOP Violence Against Women Act – reduction of $153,300
Juvenile Justice and Delinquency Prevention Committee reduction of $32,000 (if JJC is found non-compliant).
Total State Reduction: $415,300.00

6. NJDOC CERTIFICATION PROCESS
Appointed Departmental PREA Coordinator and Coordinators at 13 facilities
Departmental Coordinator developed policies on standards that were replicated at each facility
Administrators required to audit facility and report deficiencies and corrective action plans
2014 – Administrators required to re-audit – indicated full compliance
Specialized units – SID, HR, Medical certified compliance in their areas
Departmental Coordinator did Pre-audit of 5 facilities while preparing RFP for auditors
Began a decade ago with the receipt of grant monies for:
- materials/posters
- Staff training
- Rutgers research to measure the rate of sex assaults in NJ prisons in order to assist in forming our policies
- cameras for three facilities

7. NJDOC CERTIFICATION PROCESS
April 2014 – Discussion with JJC, AG and DOC regarding certification options
JJC conducted a similar audit process and determined compliance
Based on internal audits we felt we had done our due diligence and only minor action would be required
Commissioner and Attorney General recommended that Governor certify compliance
DOC audits commenced in June
JJC audit tool not available until May

8. Cost and Final Report
The cost per facility was $5,500. The fund source was Direct State Services funding; no grant funds utilized.
Final Reports received within 30 days. Our facilities were found to be in compliance
No Corrective Action Plan. One policy statement was revised which was easily accomplished.
Total cost of audit: $27,500
One policy statement – background checks on next page

9. Standards of Concern
Overall, the auditors were cooperative – allowed correction of issues on site (i.e., lightbulbs in showers/posters taken down)
Standard (e) – 5 year background checks on all employees. Needed to complete back-ground checks on all departmental employees immediately
Standard requires agency to conduct criminal background checks at least every five years of current employees or have a system for otherwise capturing such information for current employees.
Auditor chose not to accept NJDOC policy PSM Employee Reporting of Summons, Arrests and Incarcerations.
To become compliant, NJDOC conducted approximately 8,400 background checks on current employees during the audit
Contractor background checks were already being conducted every three years.

10. Standards of Concern
Standard (h) – Mentioned but dropped - regarding disclosing PREA information on a former employee to prospective employer without release form
Standard requires that unless prohibited by law, the agency to provide information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from employer for whom the employee has applied to work.
Our N.J.A.C. Title 4A only allows us to release certain information on employees without release forms.

11. Lessons learned
A thorough review of all departmental policies should be undertaken as soon as possible.
Existing documents will likely need revisions and new policies developed to satisfy specific standards.
Conduct multiple audits at various levels of the organization
Have policies electronically and on paper

12. Lessons Learned
Institutional PREA Compliance Managers should be at a high enough rank, in experience and authority, to develop and implement institutional operations.
Establish a detailed timeline with deliverables due at milestone dates. May need to perform revisions to existing policies and procedures as issues come to light.
Conduct internal audits up to the last few days of actual DOJ audit. The compliance team should take on the role of an auditor and assume the same protocol the DOJ-certified auditor will follow.
Our PREA Compliance Managers are Asst. Superintendent or Assoc. Administrator

13. Lessons Learned
Ensure you have PREA informational posters in every area that inmates work, sleep, recreate and have visits.
Utilize the PREA Resource Center -Questions for interviews, audit protocol and detailed information is available
Auditors will look for an overall atmosphere and culture of inmates feeling safe and able to report abuse
PREA resource center has all the information needed to complete the audit – valuable resource
Things auditors liked –
Our AMOS system that electronically alerts facility coordinators when they receive a PREA potential victim/predator
Our PREA quick-book which is a pamphlet that all employees received with PREA information
Our Youth units – site and sound separation