ASCA SESSION #8

PREA UPDATE

SATURDAY, SEPTEMBER 13, 2014

Update on PREA sinceAugust 16, 2014PREA Committee

Meeting in Salt Lake City, UT

Governor’s Letters

February 11, 2014 the US Department of Justice sent the Governor’s letters informing the Governors that they had two options; to sign and return the PREA Standards Certification Form or the PREA Standards Assurance Form by the due date of May 15, 2014.

May 15, 2014 DOJ Deadline

As of the May 15, 2014, deadline for states and territories to submit certifications or assurances the DOJ reported that;

States that certified full compliance (2) New Hampshire New Jersey  States and territories that submitted an assurance (46 states) *The governors of Missouri and the U.S. Virgin Islands have indicated on their respective PREA Assurance forms that their juvenile facilities are in full compliance with the National PREA Standards. 

DOJ Deadline Cont’d States and the territory subject to a five percent reduction in certain department grant funding after declining provide an affirmation or certification of compliance (8) Arizona Florida** Idaho Indiana Nebraska Northern Marianas Islands** Texas Utah  

**States and territories that not have yet provided sufficient information from the governor to indicate whether or not they will affirm or certify compliance

ASCA PREA Audit Survey 44 Departments responded to the Survey 28 PREA Audits had been completed as of

August 16, 2014 93 Audits are scheduled to be completed

as of September 30, 2014 Follow-up Survey went out 09/02/14 - 23 Departments responded 61 Audits completed – 48 more scheduled

by December 31, 2014

PREA

Need for ASCA PREA Committee to solicit samples of State’s successful RFP PREA Audit Models

BJA/DOJ Reported that 218 State DOC employees have been trained in the PREA Audit Process (152 have been certified)

PREA Standards -Challenge

Cross Gender Announcement ACA PREA Panel – Salt Lake City Discussion similar to ASCA PREA

conversation *Stressed that PREA Audit process

provides a 30 day window to work with Auditor to bring facility/policy into compliance before declared in Corrective Action period

PREA Prepared – Not PREA Perfect

Today

Director Harold Clark, Virginia Department of Corrections

Assurance State – share experiences with successful audit process

Director Brent Reinke, Idaho Department of Correction

Declined Affirmation State – Experience with Idaho PREA State Standards & PRC Coming to Idaho for Technical Assistance

Sample Questions

From the PREA Resource Center

6. What is required by the cross-gender announcement in Standard 115.15(d) (adult prisons and jails; and 115.315(d)

(juvenile facilities with discrete housing units)?

In adult prisons and jails, and in juvenile facilities with discrete housing units, “staff of the opposite gender” are required to “announce their presence when entering an inmate housing unit.” This is sometimes referred to as the “cover-up rule” and is intended to put inmates on notice when opposite-gender staff may be viewing them. The announcement is required any time an opposite-gender staff enters a housing unit; however, the Department has determined that the purpose of the Standard may be fully realized by requiring the announcement only when an opposite-gender staff enters a housing unit where there is not already another cross-gender staff present. Accordingly, the Department has determined that compliance with the Standard will be achieved when an announcement is made, as follows:

Cross Gender Announcement Continued

When the status quo of the gender-supervision on a housing unit changes from exclusively same gender, to mixed- or cross-gender supervision, the opposite-gender staff is required to verbally announce their arrival on the unit. The announcement is required for both custody and non-custody staff, and may include, for example, a clinician or case worker who spends time on the unit, or senior staff making supervisory rounds.

Note, a distinct buzzer, bell, or other noisemaking device may be substituted for a verbal announcement, so long as: (1) the buzzer emits a distinctive sound that is noticeably different from other common noisemakers; (2) inmates are adequately educated on the meaning of the buzzer sound and understand its purpose; and (3) the buzzer is not also used for other events at the facility. If used, such buzzers should be used in the identical manner that verbal announcements as required by the above guidance (e.g., when opposite- gender staff enter a housing unit

3. Can you please clarify the parameters of conducting a search of a

transgender or intersex inmate/resident?

Operationally, three options are in current practice for searches of transgender or intersex inmates/residents/detainees: 1) searches conducted only by medical staff; 2) searches conducted by female staff only, especially given there is no prohibition on the pat-searches female staff can perform (except in juvenile facilities); and 3) asking inmates/residents/detainees to identify the gender of staff with whom they would feel most comfortable conducting the search.