For The Prevention, Detection, Response, and Monitoring of
Sexual Abuse in:

Adult Prisons and Jails

II. PREVENTION

(TR)

Training and Education (TR)

(TR1)

Employee training

The agency trains all employees to be able to fulfill their responsibilities under agency sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and relevant Federal, State, and local law. The agency trains all employees to communicate effectively and professionally with all inmates. Additionally, the agency trains all employees on an inmate’s right to be free from sexual abuse, the right of inmates and employees to be free from retaliation for reporting sexual abuse, the dynamics of sexual abuse in confinement, and the common reactions of sexual abuse victims. Current employees are educated as soon as possible following the agency’s adoption of the PREA standards, and the agency provides periodic refresher information to all employees to ensure that they know the agency’s most current sexual abuse policies and procedures. The agency maintains written documentation showing employee signatures verifying that employees understand the training they have received.

Assessment Checklist	YES	NO
(a) Do employees receive the training necessary to fulfill their responsibilities under agency sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and relevant Federal, State, and local law?
(b) Does the agency train all employees to communicate effectively and professionally with all inmates?
(c) Does the agency train all employees on the following topics?
• An inmate’s right to be free from sexual abuse
• The right of inmates and employees to be free from retaliation for reporting sexual abuse
• The dynamics of sexual abuse in confinement
• The common reactions of sexual abuse victims
(d) Does the agency provide periodic refresher training to ensure that all employees are educated on the agency’s most current sexual abuse policies and procedures?
(e) Following training, does the agency require employees to sign documentation stating that they understand the training they have received and maintain documentation of these signatures?

Discussion

Under this standard, each agency must provide employees with the knowledge and skills to prevent sexual abuse from occurring, to identify signs that sexual abuse may be occurring, and to take the appropriate actions when they learn of recent or historical incidents of sexual abuse. Additionally, it is important that all employees are trained to communicate effectively and professionally with all inmates, including those of different races, ethnicities, cultural or religious backgrounds, ages, genders, and sexual orientations as well as inmates with differing cognitive abilities. Good communication encourages greater trust between employees and inmates, which may remove one of the obstacles to inmate reporting of sexual abuse.

Employee training can take place in multiple venues, including roll calls, on-the-job training, new employee orientations, and pre-service or in-service academies. It is recommended that an agency’s sexual abuse training programs be accompanied by clear sexual abuse prevention policies developed with an eye toward overcoming any anticipated employee resistance to or concerns about such policies. When putting together a training plan, agency administrators and/or PREA coordinators may find it helpful to consult the many resources and training materials already available, including those developed by other local, State, and Federal correctional agencies; the National Institute of Corrections (NIC); and the Bureau of Justice Assistance (BJA).

A full list of suggested employee training topics and procedures is provided in Appendix B. Although Appendix B is not an exhaustive or exclusive list, agencies may wish to use these items as a starting point for developing their own employee training curriculum and programs.

(TR2)

Volunteer and contractor training

The agency ensures that all volunteers and contractors who have contact with inmates have been trained on their responsibilities under the agency’s sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and relevant Federal, State, and local law. The level and type of training provided to volunteers and contractors is based on the services they provide and level of contact they have with inmates, but all volunteers and contractors who have contact with inmates must be notified of the agency’s zero-tolerance policy regarding sexual abuse. Volunteers must also be trained in how to report sexual abuse. The agency maintains written documentation showing volunteer and contractor signatures verifying that they understand the training they have received.

Assessment Checklist	YES	NO
(a) Does the agency ensure that all volunteers and contractors who have contact with inmates have been trained on their responsibilities under the agency’s sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and relevant Federal, State, and local law?
(b) Does the agency tailor its training for volunteers and contractors based on the services they provide and the level of contact they have with inmates?
(c) Are all volunteers and contractors who have contact with inmates notified of the agency’s zero-tolerance policy regarding sexual abuse?
(d) Are all volunteers trained in how to report sexual abuse to security staff and/or other parties, when appropriate?
(e) Following training, does the agency require volunteers and contractors to sign documentation stating that they understand the training they have received and maintain documentation of these signatures?

Discussion

Because many volunteers have frequent contact with inmates, it is important that all volunteers for the agency receive basic training on the PREA standards, the agency’s zero-tolerance policy, and their responsibilities for reporting sexual abuse to security staff. Additionally, any contractors who have any contact with inmates, however minimal, will also need to be trained on the agency’s zero-tolerance policy. The agency may choose to provide more detailed training for all or some subset of volunteers in its facilities, including many of the same topics suggested for employee training in Appendix B.

Volunteers may be trained off-site by their volunteer organization as long as the organization’s training program meets the minimum requirements outlined in this standard. In these instances, the facility must verify that the off-site training meets the requirements of this standard and maintain documentation that volunteers have received and understand this training, as mandated by the standard. If the agency trains volunteers, agency administrators and/or PREA coordinators may find it helpful to consult the many resources and training materials already available, including those developed by other local, State, and Federal correctional agencies; NIC; and BJA.

(TR3)

Inmate education

During the intake process, staff informs inmates of the agency’s zero-tolerance policy regarding sexual abuse and how to report incidents or suspicions of sexual abuse. Within a reasonably brief period of time following the intake process, the agency provides comprehensive education to inmates regarding their right to be free from sexual abuse and to be free from retaliation for reporting abuse, the dynamics of sexual abuse in confinement, the common reactions of sexual abuse victims, and agency sexual abuse response policies and procedures. Current inmates are educated as soon as possible following the agency’s adoption of the PREA standards, and the agency provides periodic refresher information to all inmates to ensure that they know the agency’s most current sexual abuse policies and procedures. The agency provides inmate education in formats accessible to all inmates, including those who are LEP, deaf, visually impaired, or otherwise disabled as well as inmates who have limited reading skills. The agency maintains written documentation of inmate participation in these education sessions.

Assessment Checklist	YES	NO
(a) During the intake process, does staff inform inmates of the agency’s zero-tolerance policy regarding sexual abuse?
(b) During the intake process, does staff tell inmates how to report incidents or suspicions of sexual abuse?
(c) Does the agency provide comprehensive education to inmates within a reasonably brief period of time following the intake process?
(d) Does the comprehensive education for inmates include the following topics?
• An inmate’s right to be free from sexual abuse and free from retaliation for reporting abuse
• The dynamics of sexual abuse in confinement
• The common reactions of sexual abuse victims
• Agency sexual abuse response policies and procedures
(e) Does the agency provide periodic refresher training to ensure that all inmates are educated on the agency’s most current sexual abuse policies and procedures?
(f) Does the agency make training information available in formats accessible to all inmates, including those who are LEP, deaf, visually impaired, or otherwise disabled and inmates who have limited reading skills?
(g) Does the facility verify inmate attendance at training sessions and maintain this written verification?

Discussion

Inmates need to be educated about the agency’s sexual abuse policies so they understand how to protect themselves against sexual abuse, how to report sexual abuse, what will happen following a report, and the consequences for committing sexual abuse. A strong inmate education program will send a message to inmates that sexual abuse is taken seriously and that the agency will protect inmates who report incidents of sexual abuse and refer investigations for disciplinary action and/or criminal prosecution. In addition to determining an appropriate timeframe for providing comprehensive education to new inmates, the agency should develop a plan for providing the inmate education program to current inmates to ensure that training is provided within a reasonable period of time after the adoption of the PREA standards, as required by this standard.

Staff conducting the training should consider using some of the following tools, depending on the learning needs of the population they are training: videos, written materials, and structured discussions. As with developing a staff or volunteer training program, when putting together an inmate training plan, agency administrators and/or PREA coordinators may find it helpful to consult the many resources and training materials already available, including those developed by other local, State, and Federal correctional agencies; NIC; and BJA.

Staff may need to train inmates in small groups and in settings with few distractions, due to the sensitive nature of the material. As this standard requires that all inmates receive the required education, the agency will need to ensure that it has an effective plan for providing education to inmates in solitary confinement or protective custody. In addition to training sessions provided at specific times, the agency should ensure key information is continually and readily available and/or visible to the inmate population through posters, inmate handbooks, or other written formats.

(TR4)

Specialized training: Investigations

In addition to the general training provided to all employees (TR-1), the agency ensures that agency investigators conducting sexual abuse investigations have received comprehensive and up-to-date training in conducting such investigations in confinement settings. Specialized training must include techniques for interviewing sexual abuse victims, proper use of Miranda- and Garrity-type warnings, sexual abuse evidence collection in confinement settings, and the criteria and evidence required to substantiate a case for administrative action or prosecution referral. The agency maintains written documentation that investigators have completed the required specialized training in conducting sexual abuse investigations.

Assessment Checklist	YES	NO
(a) Does the agency ensure that all agency investigators conducting sexual abuse investigations have received training in conducting such investigations in confinement settings?
(b) Does specialized training for sexual abuse investigators include the following?
• Techniques for interviewing sexual abuse victims
• Proper use of Miranda- and Garrity-type warnings
• Sexual abuse evidence collection in confinement settings
• Criteria and evidence required to substantiate a case for administrative action or prosecution referral
(c) Does the agency verify that investigators have completed specialized training in conducting sexual abuse investigations and maintain written verification?

Discussion

Substantiating and resolving incidents of sexual abuse in confinement settings requires highly competent investigations. Sexual abuse investigations in confinement settings are complicated, and an agency will not be successful in addressing abuse if it does not ensure that investigators are sufficiently trained.

Because the trauma of sexual abuse can be especially devastating to victims in custody who may already feel powerless and isolated, special care should be given to the quality and training of the investigator to ensure that victims and witnesses are treated in a manner that facilitates victims’ recovery and cooperation. It is critically important for sexual abuse investigators to be trained in how to interview sexual abuse victims and witnesses, who may be reluctant to speak to investigators or generally uncooperative. Such training may include strategies for communicating effectively and professionally with all types of inmates, but may also include simple ideas like making sure that victims and witnesses are interviewed in locations where they feel comfortable talking about the incident. Additionally, all investigators should know how and when to administer Miranda- and/or Garrity-type warnings to subjects of investigations.

Collecting evidence in a confinement setting requires that investigators understand where to look for evidence in these settings, including DNA evidence, and how security staff will secure and preserve crime scenes. Sexual abuse investigators should also know how and when to photograph injuries. In addition to knowing how to collect evidence in a confinement setting, investigators also need to know how to evaluate that evidence according to the different standards of proof required to substantiate a case for administrative action or prosecution referral. It may also be helpful for investigators to have an understanding of how cases are evaluated for prosecutorial merit.

When developing training curricula for investigators, the agency may find it helpful to consult training materials developed by other Federal, State, and local correctional agencies; NIC; and BJA. In the event investigators have previously received the comprehensive training described above, the agency does not need to re-train the investigators. In such instances, the agency will need to verify the investigators’ preexisting knowledge and understanding of the requirements listed in this standard and their responsibilities under agency policy; the PREA standards; and Federal, State, or local law.

(TR5)

Specialized training: Medical and mental health care

The agency ensures that all full- and part-time medical and mental health care practitioners working in its facilities have been trained in how to detect and assess signs of sexual abuse and that all medical practitioners are trained in how to preserve physical evidence of sexual abuse. All medical and mental health care practitioners must be trained in how to respond effectively and professionally to victims of sexual abuse and how and to whom to report allegations or suspicions of sexual abuse. The agency maintains documentation that medical and mental health practitioners have received this specialized training.

Assessment Checklist	YES	NO
(a) Does the agency ensure that all full- and part-time medical and mental health care practitioners working in its facilities have been trained in how to detect and assess signs of sexual abuse?
(b) Does the agency ensure that all full- and part-time medical practitioners working in its facilities have been trained in how to preserve physical evidence?
(c) Are all full- and part-time medical and mental health care practitioners trained in how to respond effectively and professionally to all victims of sexual abuse?
(d) Does the agency provide training in how and to whom to report allegations or suspicions of sexual abuse?
(e) Does the agency verify that all full- and part-time medical and mental health practitioners have received specialized training in detecting, assessing, and responding to sexual abuse victims and maintain this written verification?

Discussion

Inmates are often more likely to report sexual abuse to medical or mental health practitioners rather than security staff. It is therefore critical that agencies provide training for medical and mental health practitioners on how to detect sexual abuse and how to elicit, receive, and forward reports of sexual abuse.

This standard requires that all full- and part-time practitioners who regularly work at a facility, whether contractors or staff, be specially trained. The Commission recognizes that there may be occasions in which a practitioner works at the facility on an extremely short, ad hoc basis. For example, a practitioner may be serving as an emergency substitute for a sick staff member. The standard does not require the agency to ensure such practitioners have received the special training, although it may want to do so to guarantee that at least one specially trained practitioner is on duty at all times.

In the event medical and mental health care practitioners have previously received the training described above, the agency does not need to re-train the medical and mental health care staff. In such instances, the agency will need to verify the staff members’ preexisting knowledge and understanding of the requirements listed in this standard and their responsibilities under agency policy; the PREA standards; and Federal, State, or local law.

(SC)

Screening for Risk of Sexual Victimization and Abusiveness (SC)

(SC1)

Screening for risk of victimization and abusiveness

All inmates are screened during intake, during the initial classification process, and at all subsequent classification reviews to assess their risk of being sexually abused by other inmates or sexually abusive toward other inmates. Employees must conduct this screening using a written screening instrument tailored to the gender of the population being screened. Although additional factors may be considered, particularly to account for emerging research and the agency’s own data analysis, screening instruments must contain the criteria described below. All screening instruments must be made available to the public upon request.

• At a minimum, employees use the following criteria to screen male inmates for risk of victimization: mental or physical disability, young age, slight build, first incarceration in prison or jail, nonviolent history, prior convictions for sex offenses against an adult or child, sexual orientation of gay or bisexual, gender nonconformance (e.g., transgender or intersex identity), prior sexual victimization, and the inmate’s own perception of vulnerability.

• At a minimum, employees use the following criteria to screen male inmates for risk of being sexually abusive: prior acts of sexual abuse and prior convictions for violent offenses.

• At a minimum, employees use the following criteria to screen female inmates for risk of sexual victimization: prior sexual victimization and the inmate’s own perception of vulnerability.

• At a minimum, employees use the following criteria to screen female inmates for risk of being sexually abusive: prior acts of sexual abuse.

Assessment Checklist	YES	NO
(a) Are all inmates screened during intake, the initial classification process, and at all subsequent classification reviews to assess their risk of being sexually abused by other inmates and/or their risk of being sexually abusive toward other inmates?
(b) Does the facility provide employees with a written screening instrument tailored to male or female populations, depending on the makeup of the facility’s population?
(c) Do screening instruments for risk of sexual victimization for male inmates include the following criteria?
• Mental or physical disability
• Young age
• Slight build
• First incarceration in prison or jail
• Nonviolent history
• Conviction for sex offenses against an adult or child
• Sexual orientation of gay or bisexual
• Gender nonconformance (e.g., transgender or intersex identity)
• Prior sexual victimization
• Inmate’s own perception of vulnerability
(d) Do screening instruments for risk of being sexually abusive for male inmates include the following criteria?
• Prior acts of sexual abuse
• Prior convictions for violent offenses
(e) Do screening instruments for risk of sexual victimization for female inmates include the following criteria?
• Prior sexual victimization
• Inmate’s own perception of vulnerability
(f) Do screening instruments for risk of being sexually abusive for female inmates include the following criteria?
• Prior acts of sexual abuse
(g) Are screening instruments available to the public upon request?

Discussion

In developing this standard, the Commission consulted social science research studies, resources developed in conjunction with NIC, and existing screening instruments from State departments of correction. However, because research in this area continues to evolve, the Commission strongly recommends that agency heads consult emerging research periodically and tailor their screening instruments to the latest research as well as to the culture, makeup, and geographical regions of the facilities they operate. Agency heads should also consult their collected data (DC-2) to identify any patterns or similar characteristics among sexual abusers and victims in their facilities. In particular, at the time of publication of this body of standards, relatively little is known about predicting heightened risk for sexual victimization or abusiveness for female inmates. Similarly, less research has been undertaken to identify risk factors for engaging in sexual abuse for male inmates. The Commission urges researchers to examine these and other relatively unexplored areas, such as screening of non-English speakers and youth in adult facilities, to provide more guidance and direction to corrections practitioners. Further research is also needed to identify characteristics that may make male or female inmates more susceptible to sexual abuse by staff.

Inmates should be screened for risk of sexual victimization or abusiveness as soon as possible following their arrival at a facility. Although the timing of this initial screening may vary slightly depending on whether inmates are housed at a jail or prison, it is incumbent upon facility heads to ensure that this screening occurs before an inmate is housed in a cell or unit without direct supervision. Equally important, however, is ensuring that employees review initial screening results on a periodic basis. It is highly likely that more inmates will be identified as potentially vulnerable or abusive during the initial screening than are actually vulnerable or abusive. For example, there will be many male inmates with histories of violent felonies who are not actually prone to being sexually abusive. Therefore, the standard requires that screenings be reviewed during the initial classification process and at periodic classification reviews. For jails, the Commission recommends that employees review the screening results no later than 60 days after the initial screening and every 90 days thereafter. For prisons, employees should review screening results no later than six months after the initial screening and every year thereafter. Inmates should have a number of opportunities to be removed from high-risk lists based on their behavior and record over time.

When screening inmates for their risk of being sexually abused or abusive, the agency must use the minimum criteria listed in the standard and determine how best to weigh those criteria, depending on the culture and makeup of the facility. The agency will need to decide how to evaluate the impact of the passage of time on the predictive utility of prior convictions for sex offenses or other violent crimes and prior incidents of victimization or abusiveness. For example, an inmate with a single incident of sexual victimization that occurred more than 20 years ago may not be at a greater risk for sexual victimization today. The agency may find it helpful to use other criteria as well. As mentioned above, additional criteria should be developed based on emerging research and the facility’s culture, makeup, geographic region, and collected data. Another factor that may be useful for predicting high risk of sexual victimization for male inmates includes being in the racial minority within a given facility characterized by marked racial tension. Additionally, having effeminate features or mannerisms and not being street smart may also put male inmates at greater risk for sexual victimization. Finally, having an overtly aggressive or intimidating attitude or having a particular gang affiliation may be associated with increased risk for sexually abusing other inmates.

When asking screening questions related to sexual orientation, it is critical that employees show sensitivity and discretion. It is equally important that employees tell inmates before they begin the screening that they are not required to answer any of the questions if they would prefer not to. Not all inmates will feel comfortable answering questions about their sexual orientation, and employees should respect refusals to answer those questions and not press for answers. Inmates who openly identify as gay or bisexual should be asked if they feel that they need heightened protection while incarcerated. Inmates who are transgender or intersex should also be asked if they feel that they need heightened protection. Employees should carefully consider and endeavor to respect the views of gay, bisexual, transgender, and intersex inmates who request or do not want heightened protection.

(SC2)

Use of screening information

Employees use information from the risk screening (SC-1) to inform housing, bed, work, education, and program assignments with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive. The facility makes individualized determinations about how to ensure the safety of each inmate. Lesbian, gay, bisexual, transgender, or other gender-nonconforming inmates are not placed in particular facilities, units, or wings solely on the basis of their sexual orientation, genital status, or gender identity. Inmates at high risk for sexual victimization may be placed in segregated housing only as a last resort and then only until an alternative means of separation from likely abusers can be arranged. To the extent possible, risk of sexual victimization should not limit access to programs, education, and work opportunities.

Assessment Checklist	YES	NO
(a) Do employees use information from the risk screening to inform housing, bed, work, education, and program assignments?
(b) Does the facility make individualized determinations about how to ensure the safety of each inmate, including lesbian, gay, bisexual, transgender, or other gender- nonconforming inmates?
(c) Does the facility ensure that lesbian, gay, bisexual, transgender, or other gender- nonconforming inmates are not placed in particular facilities, units, or wings solely on the basis of their sexual orientation, genital status, or gender identity?
(d) Does the facility separate those at high risk of being victimized from those at high risk of being abusive?
(e) Are inmates at high risk of sexual victimization placed in segregated housing only as a last resort and only until other means of separation are arranged?
(f) To the extent possible, do inmates at high risk of being sexually victimized have access to the same programs, education, and work opportunities as the general population?

Discussion

For the sexual abuse screening information to be meaningful, it must be used to inform housing, bed, work, education, and program assignments for each inmate. Because of the inherent risk in assigning inmates to double-occupancy cells, as is the case with many facilities, employees should consider the results of the screening with particular care and draw on appropriate professional common sense and judgment to determine appropriate pairings of individuals within double-occupancy cells. The facility should strive to keep inmates safe without relying on the use of segregated housing, except for brief periods of time until alternatives can be arranged. When a facility lacks safe housing for an inmate at high risk of victimization other than segregation, the facility should consider transfers to other facilities. Changes in housing assignments as well as transfers should also be considered for inmates who request them for safety reasons.

Under this standard, the agency will need to consider each inmate on a case-by-case basis when determining the appropriate placements for housing, work, programs, and education, rather than using blanket policies based on particular elements of an inmate’s screening assessment. Preconceived notions, stereotypes, or bias should have no place in the housing decisions made for lesbian, gay, bisexual, transgender, and other gender-nonconforming inmates. Additionally, lesbian, gay, bisexual, transgender, and other gender-nonconforming inmates should never be placed permanently in particular facilities, units, or wings solely because of their sexual orientation, genital status, or gender identity. Given that many corrections officials are particularly perplexed about how to house transgender inmates safely and properly, the Commission also strongly urges agencies to give careful thought and consideration to the placement of each transgender inmate and not to automatically place transgender individuals in male or female housing based on their birth gender or current genital status.

Although this standard mandates using information from the risk screening to inform housing, bed, work, education, and program assignments, best correctional practice requires integrating the screening information into a more comprehensive internal classification process that helps employees determine how to separate inmates to keep them safe according to their needs, overall behavioral and criminal history, and security levels. Therefore, in addition to ensuring that inmates are screened appropriately for risk of sexual victimization or abusiveness, the Commission recommends that agency and facility heads work together to develop or strengthen internal classification systems. Strong internal classification systems promote a positive institutional culture that values and promotes safety and security for all inmates and staff and go a long way toward eliminating random and systemic sexual abuse and aggression. The most effective internal classification systems are ones that are fully integrated with other systems used to manage and protect inmates, including security and technology systems, and are tested periodically to make sure that they are valid and reliable in protecting inmate safety and supporting a culture of safety and security.

If an agency is responsible for the confinement of individuals under the age of 18, a strong effort should be made to house these individuals separately from the general population. Although young inmates in general may be victimized more often, inmates under the age of 18 are not fully emotionally or physically developed and therefore may be particularly susceptible to abuse if housed with older inmates.