PRISON RAPE ELIMINATION ACT (PREA)
PREA ALLEGATIONS DATA LOG PILOT TRAINING NOTES
May 29, 2012
These notes are a summary of the information gleaned over the course of the PREA Allegations Data Log Trainings.
This pilot project will begin in Early June 2012 and last 60 to 90 days. Facilities participating in the pilot are:
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DCI GBCI JBCC
KCC LHS/CLS MSDF OCI RGCI TCI WRC
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§ E-mail Marion Morgan and Kristin Goedjen with problems, concerns, and suggestion regarding use of the PREA Allegations Data Log.
§ The Data Logs will be maintained in the PREA Data Log folder housed in the Security Director’s folder. We will provide the exact pathway once all of the security measures are in place.
§ All PREA Allegations, regardless of how minor or incredible are to be logged in the PREA Allegations Data Log.
§ Every cell in the Data Log should be filled in. If a response is Not Applicable, enter N/A. If there is not an answer at the time of entry, enter “Unknown” and update as new information is available. There should be No empty cells.
§ Use of Inmate and Staff Names In Data Log:
Inmate on Inmate Allegations: Enter Last Name, First Name, Middle Initial and DOC numbers for both inmates.
Staff on Inmate Allegations: Do not use names in the Allegations Data Log. Enter the word “Staff” in the “Staff Name” field and “Inmate” in the “Inmate Name” field. Do not put the Inmate’s DOC number in the “Inmate’s DOC number” field, please enter N/A. This is done for personnel purposes as this log is documenting all allegations.
Use the Staff and Inmate(s) names and the Inmate’s DOC number in the Incident Report (IR).
A report is to be written for each and every PREA Allegation. Each report is to be marked PREA and Confidential.
§ For free-form fields, fields without drop downs, please use one word descriptions.
§ Inmate, Offender and, Youth Definitions
§ Offender: An adult who is out of detention and on community supervision.
§ Inmate: A person in a detention facility, jail, prison or lock-up.
§ Youth: A juvenile under secured or unsecured jurisdiction of the Division of Juvenile Corrections (DJC)
§ For Alternative to Revocation (ATR) offenders, if the alleged incident occurred while the person was in a facility, the individual is an “inmate”. If the ATR offender states the alleged incident occurred while on he/she was under supervision, he/she is listed as “offender”.
§ If a PREA allegation involves criminal conduct, notify law enforcement as soon as possible to allow for timely evidence collection and medical/forensic assessment, evidence collection and treatment. If law enforcement advises they are not going to respond, document the date, time and law enforcement staff’s name. Continue with the investigation if law enforcement does not initially respond. If additional evidence of criminal behavior is discovered, contact law enforcement again and update.
940.225(2): Has sexual contact without consent of someone’s intimate parts by use or threat of force or violence/restraint, or with someone unconscious (includes sleep), 2nd Degree Sexual Assault, felony.
940.225(3m): Has sexual Contact without consent of someone’s intimate parts, 4th Degree Sexual Assault, misdemeanor.
By DOC Policy and administrative code inmates cannot give consent for inmate/inmate or staff/inmate sexual contact. Agreed upon sexual contact between inmates and staff/inmate(s) is non-abusive sexual contact.
Intimate Parts: the breast, buttock, anus, groin, scrotum, penis, vagina or pubic mound of a human being (breasts of a male or female if touched for sexual gratification). Horseplay can be or escalate to sexual assault!
940.225(2) (h): Has sexual contact or intercourse with a person who is confined in a correctional facility if the actor is a correctional staff member. (Includes volunteers and contractors)
940.225(i): Has sexual contact or intercourse with a person who is on probation, parole or extended supervision if the actor is a probation, parole or an extended supervision agent who supervises the individual either directly or through a subordinate in his/her capacity as an agent or has attempted to influence another agent’s supervision of the individual.
§ The Security Director or the Appointing Authority designee is responsible for management of the PREA Allegation Data Log and ensuring data entry is current.
§ All facilities are to network with their responding law enforcement agencies to advise that the DOC will be reporting all PREA Allegations involving criminal conduct (WI Criminal Statutes 939 and 940). Notify law enforcement that they may see an increase in the number of DOC sexual assault reports.
§ Reporting sexual assaults to law enforcement is the law, DOC policy, the right thing to do, and will mitigate DOC risk and liability.
§ If a PREA Allegation involves criminal conduct, contact law enforcement and advise:
We are notifying you that we have a reported sex crime.
We have secured the crime scene.
How would you like us to proceed?
They may advise that they will not be responding at this time and release the crime scene to DOC to proceed.
When the crime scene is released to DOC, follow protocol, basic evidence collection and investigative procedures.
§ Notify the Appointing Authority or Security Director regarding any negative encounters with law enforcement agencies, the Appointing Authority or Security Director shall notify the PREA Director.
§ PREA allegations involving juveniles must be reported following Wisconsin Statute and DOC protocol. Notify Child Protective Services (CPS) in the committing county for the involved youths and CPS in the county of criminal jurisdiction. This should be done by PHONE and documented by DOC staff. CPS will enter information into eWiSACWIS (Department of Children and Families (DCF) data base).
§ Investigator assignments should be staffed with PREA Director:
All allegations of Staff/Inmate sexual misconduct and staff sexual harassment (sexual bullying) of inmates should be assigned to investigators outside of the facility where the incident is alleged to have occurred.
Allegations of inmate on inmate sexual assault or sexual harassment (sexual bullying) should generally be assigned to Institution Investigators.
§ Investigation:
DOC should defer to law enforcement for criminal PREA investigations. Best practice is for law enforcement and DOC to collaborate on investigations to minimize multiple interviews of involved parties.
CAVEAT: Staff/Inmate PREA Allegations
For staff/inmate allegations, law enforcement and DOC should collaborate on all interviews EXCEPT the interview of the suspected staff member(s). Best practice is for law enforcement to conduct the criminal interview of suspected staff member BEFORE suspected staff member is interviewed by DOC Staff for the DOC administrative/internal investigation.
Decision to conduct the DOC staff interview on all criminal PREA investigations is to be determined with input from the DOC Legal Counsel, the Appointing Authority, PREA Director, and Human Resources.
Allegations of staff sexual misconduct can be traumatic for the named staff member and other staff as well. Staff should be provided information about Employee Services Program (ESP) and advised an investigation will be conducted according to protocol. Allegations of staff sexual misconduct negatively impact the work environment and impact institution climate and safety.
This is a compilation of input obtained over the course of the PREA Allegation Data Log trainings. The above statements are the result of information and suggestions provided by those of you that participated in the trainings. Thank you all for your thoughtful input and your willingness to pilot this project. Your ongoing commitment to the DOC and PREA mission to end sexual assault and sexual misconduct in corrections and the community is greatly appreciated.
Take good care and be safe…….M
M. Morgan
S. Storandt
K. Goedjen
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