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

Lockups

I. PREVENTION AND RESPONSE PLANNING

(PP)

Prevention Planning

(PP1)

Zero tolerance of sexual abuse

The agency has a written policy mandating zero tolerance toward all forms of sexual abuse and enforces that policy by ensuring all of its lockups comply with the PREA standards. The agency employs or designates a PREA coordinator to develop, implement, and oversee agency efforts to comply with the PREA standards.

Assessment Checklist	YES	NO
(a) Does the agency have a written policy mandating zero tolerance toward all forms of sexual abuse?
(b) Does the agency ensure that all of its lockups comply with the PREA standards?
(c) Does the agency employ or designate a PREA coordinator to develop, implement, and oversee agency efforts to comply with the PREA standards?

Discussion

Eliminating sexual abuse in confinement requires first and foremost a commitment to safety as a core mandate of confinement operations. Agency and lockup heads will be responsible not only for ensuring that staff and detainees are informed of the agency’s zero-tolerance policy toward sexual abuse but for setting a tone that signals true commitment to an institutional culture of safety and security for all detainees and staff. The agency head will also be responsible for employing or designating a PREA coordinator to manage and oversee the agency’s efforts to comply with the PREA standards. The PREA coordinator’s job should include: (1) developing written policies that follow correctional best practices and meet the intent of the PREA standards; (2) developing and implementing a training plan that fulfills the PREA training standards; (3) monitoring investigations according to the PREA standards; (4) supervising the agency’s data collection efforts; and (5) providing appropriate access and materials to auditors. By definition, the PREA coordinator will be a senior-level position reporting directly to the agency head. In that capacity, the PREA coordinator should provide routine updates to the agency head, including at executive-level meetings, on his or her areas of responsibility, progress reports on standards implementation and compliance, and notice of any problems or challenges that need to be addressed.

To ensure successful compliance with the PREA standards, the PREA coordinator may need to develop strategies to address the culture of the agency or lockups to determine the levels of staff and detainee resistance or openness to PREA standards implementation. Examples of strategies may include conducting or coordinating assessments by surveying staff members and detainees to understand their attitudes, beliefs, and values that support or conflict with a “reporting” culture that creates safety and security. Based on the results of the assessment, the PREA coordinator and lockup head(s) should work with key staff on all levels to design strategies that create a cultural “readiness” for change (e.g., development of new policies, staff briefings, video briefings from leadership for staff, and strategic planning meetings), training programs, and other systems to change the culture to one in which staff and detainees embrace the goals and values of PREA and institutional safety.

(PP2)

Contracting with other entities for the confinement of detainees

If law enforcement agencies contract for the confinement of their detainees, they do so only with private agencies or other entities, including other government agencies, committed to eliminating sexual abuse in their lockups, as evidenced by their adoption of and compliance with the PREA standards. Any new contracts or contract renewals include the entity’s obligation to adopt and comply with the PREA standards and specify that the law enforcement agency will monitor the entity’s compliance with these standards as part of its monitoring of the entity’s performance.

Assessment Checklist	YES	NO
(a) Does the agency contract for the confinement of detainees only with private companies and other entities, including other government agencies, that agree to adopt and comply with the PREA standards?
(b) Do all new contracts and contract renewals include an obligation to adopt and comply with the PREA standards?
(c) Do all new contracts and contract renewals specify that the law enforcement agency will monitor the entity’s compliance with the PREA standards as part of its monitoring of the entity’s performance?

Discussion

The goal of this standard is to ensure that all detainees, regardless of whether they are housed in public or private holding facilities, are protected from sexual abuse. Law enforcement agencies that contract with private agencies or other entities, including other government agencies, to confine their detainees are responsible for ensuring such protection of all detainees by contracting only with those companies or other entities that adopt and comply with PREA standards.

(PP3)

Detainee supervision

Law enforcement staff provides the detainee supervision necessary to protect detainees from sexual abuse. The upper management officials responsible for reviewing critical incidents must examine areas in the lockup where sexual abuse has occurred to assess whether physical barriers may have enabled the abuse, the adequacy of staffing levels in those areas during different shifts, and the need for monitoring technology to supplement law enforcement staff supervision (DC-1). When problems or needs are identified, the agency takes corrective action (DC-3).

Assessment Checklist	YES	NO
(a) Does law enforcement staff provide the supervision of detainees necessary to protect them from sexual abuse?
(b) Do the upper management officials responsible for reviewing critical incidents examine areas in the lockup where sexual abuse has occurred to assess the following?
• Physical barriers that may have enabled the abuse
• Adequacy of staffing levels in those areas during different shifts
• Monitoring technology needs
(c) When problems or needs are identified, does the agency take corrective action? (Attach description of corrective actions taken.)

Discussion

Adequate law enforcement staff supervision of detainees is an essential component of any agency’s sexual abuse prevention strategy. It enables law enforcement staff to identify aggressive or coercive detainee behavior before it escalates to sexual abuse, to identify signs of inappropriate staff relationships developing with detainees before they become abuse, to respond immediately to prevent or end incidents of abuse by detainees or staff, and, when an incident does occur, to rapidly take the steps necessary for an effective response. For many lockups, adequate law enforcement staff supervision is achieved by using a direct supervision model to manage the detainee population. Direct supervision, widely extolled as a best practice in corrections, is a method of detainee management whereby officers are in continuous direct contact with detainees, enabling them to interact with and observe detainees at all or most times. When feasible, given the security level of the detainee population and any constraints stemming from the physical design of the lockup, the Commission recommends that lockups strive to meet this standard by employing a direct supervision model.

Additionally, to ensure that any deficiencies in detainee supervision are promptly identified and corrected, the standard requires the upper management officials responsible for reviewing critical incidents to examine known areas where sexual abuse has occurred to assess and take corrective action regarding any physical barriers that may have enabled the abuse, any problems with staffing levels in those areas at different times of the day, and any needs for monitoring technology to supplement law enforcement staff supervision. In examining known areas where sexual abuse has occurred, for example, they may find blind spots or inadequate staffing patterns on particular shifts, which require new or different staff deployment schemes and/or the addition or adjustment of cameras. More sophisticated video security monitoring systems and/or radio frequency identification systems may also be useful tools for monitoring staff and detainee movement and location. The group of upper management officials may also discover that, to remedy the risk posed by physical barriers, other creative adaptations to lockup design may be required. They ought to examine each area carefully and take corrective action to ensure that detainees in all areas of the lockup are safe from sexual abuse. Moreover, when patterns of abuse have been identified in reviews (DC-1, DC-3), either at a given time of day, in a particular area, or involving certain types of detainees, agency leadership should take action to ensure increased supervision during those times, in those areas, or for those groups of detainees.

(PP4)

Heightened protection for vulnerable detainees

Any intake screening or assessment includes consideration of a detainee’s potential vulnerability to sexual abuse. When vulnerabilities are identified, law enforcement staff provides heightened protection to vulnerable detainees, which may require continuous direct sight and sound supervision or single-cell housing. Absent intake screenings or assessments, any time a law enforcement staff member observes any physical or behavioral characteristics of a detainee that suggest he or she may be vulnerable to sexual abuse, the staff member provides sufficient protection to that detainee to prevent sexual abuse.

Assessment Checklist	YES	NO
(a) Do intake screenings or assessments include consideration of a detainee’s potential vulnerability to sexual abuse?
(b) When vulnerabilities are identified, either through screenings, assessments, or staff observations, does law enforcement staff take additional steps to ensure that vulnerable detainees are safe from sexual abuse, including but not limited to either housing them in single cells or providing them with continuous sight and sound supervision?

Discussion

The purpose of this standard is to highlight the need to provide heightened protection for detainees who may be particularly vulnerable to sexual abuse. When feasible, detainees who may be particularly vulnerable to detainee sexual abuse in lockups should be housed in single cells.

At any time that vulnerable detainees are identified, the agency is responsible for providing heightened protection to ensure that those detainees are safe. To accomplish this successfully, law enforcement staff should be able to identify traditionally vulnerable populations, such as juveniles; young detainees; women; gay, lesbian, bisexual, and transgender detainees; detainees with mental or physical disabilities; limited English proficient (LEP) detainees; detainees who are physically weak or recovering from physical injuries; detainees who may be intoxicated; and detainees accused of certain crimes. LEP detainees or detainees of different races or ethnic backgrounds may be particularly vulnerable in lockups in which they are a distinct minority. Additionally, the agency should attempt to identify rival gang members and ensure they are not housed together in lockups. Law enforcement staff must be alert at all times to potential vulnerability and respond appropriately.

(PP5)

Limits to cross-gender viewing and searches

Except in the case of emergency, the agency prohibits cross-gender strip and visual body cavity searches. Except in the case of emergency or other extraordinary or unforeseen circumstances, the agency restricts law enforcement staff from viewing detainees of the opposite gender who are nude or performing bodily functions and similarly restricts cross-gender pat-down searches. Any examination to determine the genital status of a detainee must be conducted in a private setting by a medical practitioner and only when the genital status is unknown to the agency.

Assessment Checklist	YES	NO
(a) Except in the case of emergency, does the agency prohibit cross-gender searches of the following types?
• Strip
• Visual body cavity
(b) Except in the case of emergency or other extraordinary or unforeseen circumstances, does the agency restrict cross-gender viewing by law enforcement staff of detainees who are nude or performing bodily functions?
(c) Except in the case of emergency or other extraordinary or unforeseen circumstances, does the agency restrict cross-gender pat-down searches?
(d) Is any examination to determine the genital status of a detainee conducted in a private setting by a medical practitioner and only when the genital status is unknown to the agency?

Discussion

The goal of this standard is to protect the privacy and dignity of detainees and to reduce opportunities for staff-on-detainee sexual abuse by prohibiting cross-gender strip and visual body cavity searches, setting limits on cross-gender viewing of detainees by law enforcement staff, and restricting cross-gender pat-down searches.

This standard imposes a strong prohibition on cross-gender strip and visual body cavity searches, except in the case of emergency. Performance of these more intrusive strip searches and body cavity searches should be undertaken only by specially trained, designated staff members of the same gender and conducted in conformance with hygienic procedures and professional practices. Agencies without adequate law enforcement staff of the same gender as the detainee population may want to consider training non–law enforcement staff to conduct these searches.

This standard does not place a prohibition on cross-gender pat-down searches and viewing of detainees, but requires these actions to be strictly limited in practice and only in the case of emergency or other extraordinary or unforeseen circumstances. The Commission recognizes that many State and local laws already restrict cross-gender viewing of detainees and encourages agencies to consult and follow their relevant State and local laws. The Commission likewise acknowledges that cross-gender supervision, in general, can prove beneficial in certain confinement settings and in no way intends for this standard to limit employment (or post assignment) opportunities for men or women.

Agencies are encouraged to use a number of tools to aid compliance with this standard, including the use of privacy panels for shower and toilet areas and making verbal announcements when a staff member of the opposite gender is in an area. Also, in addition to prohibiting cross-gender strip and visual body cavity searches, each agency is encouraged to have a strong, legally based policy regarding all searches (including same-gender searches) that gives proper regard to the detainee’s rights to privacy and dignity.

In some lockups, employees conduct strip or body cavity searches of transgender individuals ostensibly to determine their genital status. All too frequently, such examinations are not necessary because the individual’s genital status is already known. To protect the privacy and dignity of transgender individuals, this standard prohibits examinations to determine genital status when that status has already been ascertained. Additionally, this standard requires that examinations to determine genital status be conducted in private and by medical practitioners.

(PP6)

Accommodating detainees with special needs

The agency ensures that detainees who are LEP, deaf, or disabled are able to report sexual abuse to staff directly, through interpretive technology, or through non-detainee interpreters. Accommodations are made to convey all written information about sexual abuse policies, including how to report sexual abuse, verbally to detainees who have limited reading skills or who are visually impaired.

Assessment Checklist	YES	NO
(a) Are all LEP, deaf, and disabled detainees able to report sexual abuse to staff directly, through interpretive technology, or through non-detainee interpreters?
(b) Are accommodations made to convey all written information about sexual abuse policies, including how to report sexual abuse, verbally to detainees with limited reading skills or who are visually impaired?

Discussion

The ability of all detainees to communicate effectively and directly with staff, without having to rely on detainee interpreters, is crucial for ensuring that they are able to report sexual abuse as discreetly as possible. It is never desirable or sufficient for detainees to serve as interpreters or translators for other detainees to report abuse because it compromises confidentiality and places some detainees in a position of undue influence over others. It is likewise critical that all detainees be informed of the agency’s policies, including how to report, in a way and format that they understand. If the language and communication needs of the detainee population are unknown, the agency head or PREA coordinator may need to conduct an assessment of those needs and develop policies and protocols to address them. Having strong policies and protocols will help staff ensure the safety of LEP, deaf, and disabled detainees as well as those detainees who have limited reading skills or who are visually impaired.

(PP7)

Hiring and promotion decisions

The agency does not hire or promote anyone who has engaged in sexual abuse in an institutional setting or who has engaged in sexual activity in the community facilitated by force, the threat of force, or coercion. Consistent with Federal, State, and local law, the agency makes its best effort to contact all prior institutional employers for information on substantiated allegations of sexual abuse; must run criminal background checks for all applicants and employees being considered for promotion; and must examine and carefully weigh any history of criminal activity at work or in the community, including convictions for domestic violence, stalking, and sex offenses. The agency also asks all applicants and employees directly about previous misconduct during interviews and reviews.

Assessment Checklist	YES	NO
(a) Consistent with Federal, State, and local law, does the agency make its best effort to contact all prior institutional employers for information on substantiated allegations of sexual abuse?
(b) Does the agency disqualify applicants or employees being considered for promotion upon learning of the following?
• Any history of substantiated allegations of sexual abuse in an institutional setting
• That they have engaged in sexual activity in the community facilitated by force, the threat of force, or coercion
(c) Does the agency run criminal background checks for all applicants and employees being considered for promotion?
(d) Does the agency carefully consider any history of criminal activity at work or in the community, including the following?
• Any convictions for domestic violence
• Any convictions for stalking
• Any convictions for sex offenses committed in the community
(e) Does the agency ask all applicants and employees directly about previous misconduct during interviews and reviews?

Discussion

An agency will not be able to meet its zero-tolerance goal if it employs or promotes anyone who has engaged in sexual abuse in an institutional setting or who has engaged in sexual activity facilitated by force, the threat of force, or coercion. Coercion includes but is not limited to using a position of authority or power to compel someone to engage in sexual activity. Changing institutional culture and eliminating sexual abuse can be difficult enough without adding the unnecessary additional risk of hiring or retaining individuals whose conduct has demonstrated a lack of personal commitment to PREA’s goals. In addition to making its best effort to contact all prior institutional employers for information on substantiated allegations of sexual abuse, the agency should have a consistent, proactive policy on asking applicants and employees directly about previous misconduct during interviews or reviews. In jurisdictions in which prospective employers are limited in their inquiry of previous employment or criminal background, the agency should consider having job applicants sign waivers, if not prohibited by law, stating that they waive their legal rights to claim libel, defamation, or slander regarding any information given during reference checks about their disciplinary history involving sexual abuse.

Although many agencies already run routine criminal background checks for applicants, the standard requires agencies to run criminal background checks, where allowable by law, both for all applicants and for employees being considered for promotion to ensure that agencies are always up to date on any criminal activity perpetrated by applicants or employees since gaining employment. The standard does not prescribe how to evaluate criminal histories because the Commission recognizes that the agency will have to consider each criminal history on a case-by-case basis and within a larger context of the person’s background, life experiences, and work history. When considering previous criminal activity, the agency will have to weigh a number of factors, including the nature and number of offenses and how much time has passed since any convictions, to determine whether to hire or promote an individual.

(PP8)

Assessment and use of monitoring technology

The agency uses video monitoring systems and other cost-effective and appropriate technology to supplement its sexual abuse prevention, detection, and response efforts. The agency assesses, at least annually, the feasibility of and need for new or additional monitoring technology and develops a plan for securing such technology.

Assessment Checklist	YES	NO
(a) Does the agency use video monitoring systems and other cost-effective and appropriate technology to supplement its sexual abuse prevention, detection, and response efforts?
(b) At least annually, does the agency assess the feasibility of and need for new or additional monitoring technology and develop a plan for securing such technology?

Discussion

Video monitoring systems and other technology are invaluable tools for eliminating sexual abuse. Video monitoring systems, when properly designed, managed, maintained, updated, and fully integrated into the agency’s various other security systems, can serve as highly objective mechanisms for preventing, detecting, and responding to sexual abuse. The Commission recognizes, however, that some agencies may not have the resources immediately available to acquire and implement new technology solutions or improve existing ones and so requires those agencies to conduct an annual assessment of technology needs and to develop a plan to secure new or additional monitoring technology if needed. For all agencies, technology should be adapted to the population as well as to the age and design of each particular facility.

(RP)

Response Planning (RP)

(RP1)

Evidence protocol and forensic medical exams

When investigating allegations of sexual abuse in a lockup, the agency follows a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions. The protocol must be adapted from or otherwise based on the 2004 U.S. Department of Justice’s Office on Violence Against Women publication “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” subsequent updated editions, or similarly comprehensive and authoritative protocols developed after 2004. As part of the agency’s evidence collection protocol, all victims of detainee-on-detainee sexually abusive penetration or staff-on-detainee sexually abusive penetration are provided with access and transportation to a community medical provider served by qualified forensic medical examiners. Forensic medical exams are provided free of charge to the victim. The agency makes available a victim advocate to accompany the victim through the forensic medical exam process.

Assessment Checklist	YES	NO
(a) Has the agency developed a written protocol adapted from or otherwise based on the U.S. Department of Justice’s “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” any subsequent updated editions, or similarly comprehensive and authoritative protocols developed after 2004?
(b) Does the agency provide victims of detainee-on-detainee sexually abusive penetration or staff-on-detainee sexually abusive penetration with access and transportation to a community medical provider served by qualified forensic medical examiners?
(c) Are forensic medical exams provided free of charge to the victim?
(d) Does the agency make available a victim advocate to accompany the victim through the forensic medical exam process?

Discussion

At the time of publication of this body of standards, the 2004 U.S. Department of Justice’s Office on Violence Against Women publication “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents” is considered the “gold standard” of sexual assault evidence protocols by both the law enforcement and the forensic medical examiner communities. The protocol can be found electronically at the following Web address: http://www.ncjrs.gov/pdffiles1/ovw/206554.pdf. Many law enforcement agencies already use a version of this protocol to address sexual abuse in the community context and may need to do very little to apply their current practices to sexual abuse in a lockup setting. For those agencies that do not already use a version of the national protocol, the agency heads should review it or a subsequent updated edition and incorporate it into the their current protocol or use it to develop a new protocol that fits the agency’s needs, resources, and policies. The agency head may find it particularly helpful to consult Appendix A of the national protocol, which provides guidance on how jurisdictions can customize the national protocol to meet specific local needs, challenges, policies, and statutes.

The agency head should stress to all medical and mental health practitioners who treat detainee victims of sexual abuse the importance of conducting prompt examinations to identify medical and mental health needs and minimize the loss of evidence. It is critical that victims’ acute medical and mental health needs be evaluated and addressed before evidence is collected on-site or before they are transported off-site for evidence collection. Key elements of proper evidence collection, discussed at length in the national protocol, include: (1) instructing victims not to wash, brush their teeth, change their clothes, urinate, defecate, smoke, drink, or eat until they have been initially evaluated by a forensic medical examiner (OR-3) and (2) educating individuals involved in the handling, documentation, transfer, and storage of evidence about how to preserve evidence and maintain the chain of custody.

Additionally, the forensic medical exam is an important element of both evidence collection and treatment for recent sexual abuse victims. The agency should ensure that it has access to a health care provider that is equipped to treat sexual abuse victims and conduct forensic medical exams. The agency should have a clear protocol for offering forensic medical exams to detainee victims and transporting them off-site if they consent to the exam.

(RP2)

Agreements with outside law enforcement agencies

If an agency has elected to permit another law enforcement agency to conduct criminal or administrative investigations of allegations of sexual abuse in its lockups, the agency maintains or attempts to enter into a written memorandum of understanding (MOU) or other agreement specific to investigations of sexual abuse in lockups with the outside law enforcement agency responsible for conducting investigations. If the agency confines detainees under the age of 18 or other detainees who fall under State and local vulnerable persons statutes, the agency maintains or attempts to enter into an MOU with the designated State or local services agency with the jurisdiction and authority to conduct investigations related to the sexual abuse of vulnerable persons within confinement facilities. When the agency already has an existing agreement or long-standing policy covering responsibilities for all criminal investigations, including sexual abuse investigations, it does not need to enter into a new agreement. The agency maintains a copy of the agreement or documentation showing attempts to enter into an agreement.

Assessment Checklist	YES	NO
(a) If the agency has elected to permit another law enforcement agency to conduct criminal or administrative investigations of allegations of sexual abuse in its lockups, has the agency established or attempted to establish a written MOU or other agreement specific to investigations of sexual abuse with the law enforcement agency responsible for conducting investigations?
(b) If the agency confines detainees under the age of 18 or other detainees who fall under State and local vulnerable persons statutes, has the agency established or attempted to establish an MOU with the designated State or local services agency with the jurisdiction and authority to conduct investigations related to the sexual abuse of vulnerable persons within confinement facilities?
(c) Does the agency maintain a copy of the agreement or documentation showing attempts to enter into an agreement?

Discussion

Formal agreements between law enforcement agencies outlining how they will work together while investigating an incident of sexual abuse in a lockup are important for ensuring that investigations into allegations of sexual abuse are timely and effective. Although the Commission recognizes that some agencies may not be able to persuade outside law enforcement agencies to enter into agreements, it nonetheless requires agencies to try to enter into agreements. For agencies that successfully enter into agreements, the Commission recommends that agreements contain the following elements: (1) the criteria, protocol, and timetables for referring an allegation of sexual abuse to the outside law enforcement agency for investigation; (2) the respective roles and responsibilities for conducting sexual abuse investigations; (3) the respective roles and responsibilities of the agencies for collecting evidence; (4) detailed information on how criminal and administrative investigations will be coordinated between the agencies; (5) description of what information will and will not be shared between agencies; (6) the protocol for reporting progress on investigations to lockup officials; (7) the location of where closed case files will be maintained; (8) the protocol for informing the victim of the progress and outcome of the investigation(s); and (9) a schedule of regular meetings between the agency and outside law enforcement supervisors to review the efficacy of the agreement and to recommend or make any changes, as necessary.

If the agency confines any detainees under the age of 18 or detainees who fall under State or local vulnerable persons statutes, an outside services agency will likely have the authority and jurisdiction to conduct separate investigations into allegations of sexual abuse committed against such vulnerable persons in confinement. If this is the case, the agency should enter or attempt to enter into an MOU with the State or local services agency, as they would with any law enforcement agency with the authority to conduct investigations, and follow the same recommendations listed above.

(RP3)

Agreements with the prosecuting authority

The agency maintains or attempts to enter into a written MOU or other agreement with the authority responsible for prosecuting violations of criminal law. The agency maintains a copy of the agreement or documentation showing attempts to enter into an agreement.

Assessment Checklist	YES	NO
(a) Has the agency established or attempted to establish a written MOU or other agreement with the authority responsible for prosecuting violations of criminal law?
(b) Does the agency maintain a copy of the agreement or documentation showing attempts to enter into an agreement?

Discussion

Greater collaboration and communication between law enforcement agencies and prosecutors can dramatically affect the success of sexual abuse prosecutions, improving accountability and preventing the recurrence of incidents of sexual abuse. The Commission urges the agency head to maintain regular, ongoing discussions with prosecutors about issues related to any allegations of criminal conduct in the agency.

Although the Commission recognizes that law enforcement agencies may not be able to persuade prosecuting authorities to enter into agreements, it nonetheless requires agencies to try to enter into agreements. For law enforcement agencies that successfully enter into agreements with prosecutors, the Commission recommends that agreements contain the following elements: (1) the purpose of the agreement (e.g., to ensure effective prosecution of sexual abuse in lockups); (2) identification of the liaison position within each agency/
office; (3) a schedule for joint training of investigators and prosecutors; (4) objective criteria for prosecution referral; (5) a description of the necessary evidence and relevant paperwork prosecutors will need from the agency to prosecute a case of sexual abuse; (6) timeframes for submission of criminal cases to prosecutors; (7) a requirement that prosecutors report back to law enforcement agencies after each case is reviewed; (8) the respective roles and responsibilities of the law enforcement agency and the prosecuting authority if the prosecutor decides to prosecute; and (9) a schedule of regular meetings between the agency and prosecution supervisors to review the efficacy of the agreement and to recommend or make any changes, as necessary.