Prison Rape Elimination Act: Denver Sheriff Department 2014 Annual Report

Transcription

1 20 14 Prisn Rape Eliminatin Act: Denver Sheriff Department 2014 Annual Reprt The Denver Sheriff Department is cmmitted t meeting the requirements f the Prisn Rape Eliminatin Act f 2003 and enhancing the safety f the ffenders entrusted int ur care. This reprt is a summary f the agency s effrts in 2014.

2 Backgrund: The Prisn Rape Eliminatin Act (PREA) was passed unanimusly by Cngress and signed int law by President Gerge W. Bush in In 2012, the Department f Justice (DOJ) published final standards t gvern implementatin f the purpses f PREA which are t enable crrectins systems t better detect, prevent, respnd, reduce, and punish fr sexual vilence cmmitted against ffenders wh are hused in this natin s crrectins and cnfinement systems. Denver Sheriff Department PREA Implementatin: The Denver Sheriff Department (DSD) takes the safety f the ffenders in ur custdy very seriusly. The DSD has a zer-tlerance plicy relating t sexual assault, sexual harassment, and sexual miscnduct. Sexual cnduct between inmates, staff and inmates, and vlunteers r cntract persnnel and inmates is prhibited and subject t administrative disciplinary actin and ptential criminal prsecutin. All allegatins are taken seriusly and thrughly investigated with prsecutin sught when applicable. It is the plicy f the DSD t create, implement and revise, as necessary, best practices and prcedures that supprt the preventin and eliminatin f sexual abuse, sexual harassment and sexual miscnduct f any ffender in its care and custdy, including adptin and cmpliance with the standards f the Prisn Rape Eliminatin Act (PREA). The DSD has had a departmental plicy in place since 2012 with regards t PREA; hwever, at that time, nt all internal prcesses were directly aligned with the standards t meet ttal cmpliance. At the end f 2013, the agency increased effrts t begin t align all internal prcesses twards full PREA cmpliance with a gal f having 1/3 f ur facilities audited by August 2014 t meet PREA targets. The DSD prvides care and custdy t ffenders within tw facilities, the VanCise-Simnet Detentin Center (als called the Dwntwn Detentin Center, r DDC), and the Denver Cunty Jail (COJL). The DSD chse t have the Cunty Jail Facility (COJL), Smith Rad Denver, Clrad, audited in Several dates fr the actual audit were chsen; hwever, after wrking thrugh the auditr selectin prcess, the DSD was nly able t successfully cnduct a mck audit in The mck audit ccurred in Nvember. The actual audit f the COJL ccurred the week f February 2-5, 2015 and will be reflected in the 2015 DSD Annual PREA Reprt. The Van Cise-Simnet Detentin Center (DDC) PREA audit is nt yet scheduled but anticipated t be cnducted during the furth quarter f 2015 r the first quarter f 2016.

3 DSD Prgress Twards PREA Cmpliance in 2014: 2014 prved t be a very busy year with regards t PREA within the agency; the fllwing are highlights f DSD s prgress: In February, an agency wide PREA Crdinatr was named as well as Cmpliance Managers fr bth the Van Cise-Simnet Detentin Center and Cunty Jail facilities. Several PREA Bard meetings were held with the Crdinatr, Cmpliance Managers, and key stakehlders. During these meetings, standards were reviewed fr cmpliance and actin items were develped fr accmplishing bjectives. The DSD PREA Department Order, D.O. 4100, was revised t align with all mandated PREA prcesses. The Order was finalized in December. A standardized instrument was created and implemented t track all allegatins relating t PREA vilatins. A crdinated respnse t ffender allegatins f sexual abuse/miscnduct was implemented in all facilities. A crdinated respnse ensures that all allegatins are reprted with apprpriate ntificatins made, investigatins are cnducted, medical and psych services initiated, separatins placed n invlved parties, as well as n-ging reviews f additinal prcesses. The curriculum fr staff In-Service training in 2014 was revised t meet the training standards fr PREA. In additin, several training sessins were held fr agency vlunteers as well as the implementatin f a PREA insert t the vlunteer handbk. A cmprehensive educatin fr the ffenders was implemented at the DDC in the Classificatin Unit. The zer tlerance plicy and ffender relevant PREA infrmatin are discussed with each ffender in a face t face sit dwn with their understanding acknwledged by signature. PREA educatin vide shwn in husing units. PREA psters with infrmatin n the zer tlerance plicy with cntact numbers n hw t reprt vilatins were placed in all ffender husing units as well as ther high traffic ffender areas thrughut the facility. Existing partnerships with victim advcate services were strengthened. Thrugh cllabratin with the Denver Plice Sex Crimes Unit, a strnger prcess was created between agencies in hw t investigate PREA allegatins t ensure cmpliance with applicable standards. DSD Internal Affairs Staff trained n cnducting PREA investigatins in a cnfinement setting. Implementatin f PREA Incident Review Team at bth the DDC and COJL. Staff PREA First Respnder Cards were develped and issued.

4 PREA Definitins- Sexual Abuse- (1) Sexual abuse f an inmate, detainee, r resident by anther inmate detainee r resident. Sexual abuse f an inmate, detainee, r resident by anther inmate detainee r resident includes, if the victim des nt cnsent, is cerced int such act by vert r implied threats f vilence, r is unable t cnsent r refuse: Cntact between genitalia r between genitalia and anus including penetratin, hwever slight; Cntact between the muth and genitalia r anus; Penetratin f the anal r genital pening f anther persn by a hand, finger, bject, r ther instrument. Intentinal tuching, either directly r thrugh the clthing, f the genitalia, anus, grin, breast, inner thigh, r buttcks f anther persn, excluding cntact incidental t a physical altercatin. (2) Sexual abuse f an inmate, detainee, r resident by a staff member, cntractr, r vlunteer includes any f the fllwing acts, with r withut cnsent f the inmate detainee, r resident: Cntact between genitalia r between genitalia and anus including penetratin, hwever slight; Cntact between the muth and genitalia r anus; Cntact between the muth and any bdy part where the staff member, cntractr, r vlunteer has the intent t abuse, aruse, r gratify sexual desire; Penetratin f the anal r genital pening, hweve4 slight, by a hand, finger, r ther instrument, unrelated t fficial duties r where the staff member, cntractr, r vlunteer has the intent t abuse, aruse, r gratify sexual desire; Any ther intentinal cntact, either directly r thrugh the clthing, f r with the genitalia, anus, grin, breast, inner thigh, r the buttcks, that is unrelated t fficial duties r where the staff member, cntractr, r vlunteer has the intent t abuse, aruse, r gratify sexual desire; Any attempt, threat, r request by a staff member, cntractr, r vlunteer t engage in the activities described; Any display by a staff member, cntractr, r vlunteer r vlunteer f his r her uncvered genitalia, buttcks, r breast in the presence f an inmate, detainee, r resident; Vyeurism by staff member, cntractr, r vlunteer.

5 Sexual Harassment- (1) Repeated and unwelcme sexual advances, requests fr sexual favrs, r verbal cmments, gestures, r actins f a dergatry r ffensive nature by ne inmate, detainee, r resident twards anther. (2) Repeated verbal cmments and gestures f a sexual nature t an inmate detainee r resident by a staff member, cntractr, r vlunteer, including demeaning references t gender, sexually suggestive r dergatry cmments abut bdy r clthing, r bscene language r gestures. Nte: If an investigatin reveals that an act between inmates was cnsensual, it is nt tracked as a PREA incident; hwever, the act may still a vilatin f facility rules and regulatins and wuld be addressed thrugh the DSD inmate disciplinary prcess. Allegatin Findings Definitins- Substantiated- The allegatin was investigated and determined t have ccurred, based n a prepnderance f the evidence. Unsubstantiated- The investigatin cncluded that evidence was insufficient t determine whether r nt the allegatin ccurred. Unfunded- The investigatin determined that the allegatin did NOT ccur. Investigatin Onging- Evidence is still being gathered, prcessed r evaluated, and a final determinatin has nt yet been made.

6 DSD 2014 Data n PREA Allegatins- I. Internal Affairs Bureau (IAB)- The fllwing PREA allegatins were sent directly t the IAB and are nt represented in the facility data in Sectins II & III. A. Cunty Jail (COJL)- Sexual harassment/abuse f an inmate, detainee, r resident by a staff member, cntractr, r vlunteer, Staff/Inmate- Grievance Received- Sexual Abuse- Unsubstantiated Staff/Inmate- Grievance Received-Sexual Harassment-Investigatin nging at end f Sexual harassment/abuse f an inmate, detainee, r resident by anther inmate detainee r resident, Inmate/Inmate Sexual Assault (Ntificatin Per {a}) - Unfunded Inmate/Inmate Sexual Abuse (2005 Allegatin-Ntificatin Per {a})- Unfunded Inmate/Inmate Sexual Abuse (2012 Allegatin-Ntificatin Per {a})- Substantiated* Inmate/Inmate Sexual Abuse Investigatin nging at end f *The DSD was ntified by the DOC that an inmate in their custdy had stated they were inapprpriately tuched by anther inmate while incarcerated at ur COJL facility in After investigatin, inmate was charged with unlawful sexual cntact. B. Van Cise-Simnet Detentin Center (DDC)- Sexual harassment/abuse f an inmate, detainee, r resident by a staff member, cntractr, r vlunteer, Staff/Inmate- Sexual Cntact-Nn Abusive- Unfunded Staff/Inmate- Sexual Cntact-Nn Abusive- Unfunded Staff/Inmate- Sexual Abuse- Unfunded Staff/Inmate- Sexual Abuse- Investigatin nging at end f Staff/Inmate- Sexual Abuse- Investigatin nging at end f 2014.

7 II. Cunty Jail (COJL) The Average Daily Ppulatin (ADP) f the COJL in 2014 was 692. A. Sexual harassment/abuse f an inmate, detainee, r resident by a staff member, cntractr, r vlunteer Sexual Harassment- 1 Allegatin Unsubstantiated-0 Unfunded-1 Sexual Abuse- 2 Allegatins Unsubstantiated-0 Unfunded-2 B. Sexual harassment/abuse f an inmate, detainee, r resident by anther inmate detainee r resident, Sexual Harassment- 12 Allegatins Substantiated-1* Unsubstantiated-7 Unfunded-4 Sexual Abuse- 9 Allegatins Unsubstantiated-4 Unfunded-4 Investigatin On-Ging-1 Sexual Cntact Nn Abuse- 7 Allegatins Unsubstantiated-7 Unfunded-0 *Inmate made gestures/actins f an ffensive nature. After investigatin, inmate charged with indecent expsure. Nte- There was an additinal 11 allegatins made regarding sexual miscnduct between inmates which were, after the investigatin, determined t be cnsensual and nt a PREA event. A cnsensual act is a vilatin f facility rules and regulatins and is addressed thrugh ur inmate disciplinary prcess.

8 III. Van Cise-Simnet Detentin Center (DDC) The Average Daily Ppulatin (ADP) f the DDC in 2014 was A. Sexual harassment/abuse f an inmate, detainee, r resident by a staff member, cntractr, r vlunteer Sexual Harassment- 2 Allegatins Unsubstantiated-2 Unfunded-0 Sexual Abuse- 11 Allegatins Unsubstantiated-0 Unfunded-6 Investigatin nging at end f Sexual Cntact-Nn Abuse- 1 Allegatin Substantiated-1* Unsubstantiated-0 Unfunded-0 *An emplyee f the Public Defender s Office was bserved in mutual kissing and tuching with an inmate during an attrney/client interview. After investigatin, it was deemed cnsensual; hwever, cnsent f the inmate has n bearing when staff, cntractr, r vlunteer are invlved. The emplyee was terminated. While an emplyee f the Public Defender s Office is nt a staff member, cntractr, r vlunteer with the DSD, they are a guest in the facility there t cnduct fficial business, as such this incident has been included in this categry. B. Sexual abuse f an inmate, detainee, r resident by anther inmate detainee r resident, Sexual Harassment- 22 Allegatins Substantiated-4* Unsubstantiated-16 Unfunded-1 Investigatin On-Ging-1 Sexual Abuse- 16 Allegatins Substantiated-1** Unsubstantiated-10 Unfunded-3 Investigatin On-Ging-2 *All fur substantiated cases f sexual harassment were due t an inmate making gestures/actins f a dergatry r ffensive nature t anther inmate. **An inmate inapprpriately tuched anther inmate s genitalia. Nte- There was an additinal 6 allegatins made regarding sexual miscnduct between inmates which were, after the investigatin, determined t be cnsensual and nt a PREA event. A cnsensual act is a vilatin f facility rules and regulatins and is addressed thrugh ur inmate disciplinary prcess.

9 Crrective Actins- In 2014, the DSD wrked t implement best practice and the requirements f the PREA standards in rder t better address allegatins f sexual abuse and sexual harassment f ffenders. The DSD is dedicated t n-ging mnitring and crrective actin in rder t reach full PREA cmpliance in 2015, and mst imprtantly t safeguard thse entrusted int ur care. As an agency, DSD cntinues t make prgress tward systemic change that fully integrates the intent f the PREA standards with internal prcesses t achieve a zer tlerance culture. The fllwing is a snapsht f prblem areas identified and the crrective actin taken: During the mck audit at the COJL facility in Nvember, a blind spt in ne f the ffender husing units was bserved. A large mirrr was installed t prvide the apprpriate visibility. The Incident Review Team at the COJL identified thrugh incident review that the night lighting was nt adequate in several COJL ffender husing units. A different bulb was installed t increase visibility. Althugh PREA training ccurred, staff recrds were nt fully electrnic and were nt separated within the hard files. Adjustments were made t quickly identify the PREA training. The annuncement f crss gender staff was nt cnsistent agency wide. Reinfrcement training reminders as well as increased accuntability were implemented. Cmparisn t A full cmparisn between the 2013 and 2014 data wuld nt be apprpriate as DSD had nt yet begun t utilize a standardized instrument r set f definitins fr PREA tracking until Althugh all allegatins in 2013 were investigated fully with apprpriate services prvided, the data is nt easily extracted due t lack f a standardized prcess. A mre reasnable cmparisn can be cnducted after the cmpletin f the 2015 reprt as the agency will have tw cmplete years f PREA data that was cllected using a standardized instrument r set f definitins. Althugh a full cmparisn and review between 2013 and 2014 wuld be limited in prviding beneficial data in which t imprve prcesses, the data is prvided herein with ptential causes fr the increase. During the calendar year f 2014, 111 allegatins were received and investigated. This was a significant increase frm the 29 allegatin in f the 111 allegatins, after investigatin, were determined t be cnsensual and thus nt PREA events and as such, the number f actual PREA allegatins decreases t 93. Additinally, there were three allegatins reprted frm ther facilities that did nt ccur in This brings the ttal number f actual PREA allegatins that ccurred in DSD facilities in 2014 t 90. The Department attributes the increase t the emphasis and reinfrcement f a zer tlerance plicy with regards t sexual miscnduct thrughut ur facilities in In additin, the increase may als be attributed t greater educatin n PREA being prvided t the ffender ppulatin thrugh psters in the

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