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

Community Corrections

I. PREVENTION AND RESPONSE PLANNING

(PP)

Prevention Planning (PP)

Community Corrections Facilities Pretrial, Probation, and Parole

(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 facilities and community supervision functions comply with the PREA standards. The agency employs or designates a PREA coordinator to 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 facilities comply with the PREA standards?
(c) Does the agency employ or designate a PREA coordinator to oversee agency efforts to comply with the PREA standards?

Discussion

Eliminating sexual abuse in community corrections requires first and foremost a commitment to safety as a core mandate of community corrections operations. Agency and facility heads will be responsible not only for ensuring that staff and defendants/offenders are informed of the agency’s and facility’s zero-tolerance policy toward sexual abuse but for setting a tone that signals true commitment to a culture of safety and security for all defendants/offenders 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 community corrections 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 defendant/offender screening procedures and 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 facility(ies) to determine the levels of staff and defendant/offender resistance or openness to PREA standards implementation. Examples of strategies may include conducting or coordinating assessments by surveying staff members and defendants/offenders 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 facility 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 defendants/offenders embrace the goals and values of PREA and institutional safety.

Community Corrections Facilities Pretrial, Probation, and Parole

(PP2)

Contracting to house or supervise defendants/offenders under community corrections authority

If public community corrections agencies contract for housing or supervision of their defendants/offenders, they do so only with private agencies or other entities, including nonprofit or other government agencies, committed to eliminating sexual abuse, 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 public agency will monitor the entity’s compliance with these standards as part of its monitoring of the entity’s performance. Only in emergency circumstances, in which all reasonable attempts to find a private agency or other entity in compliance with the PREA standards have failed, should a contract be entered into with an entity that fails to comply with these standards. The public agency must document these efforts.

Assessment Checklist	YES	NO
(a) Does the public agency contract for the housing and supervision of defendants/offenders only with private agencies and other entities, including nonprofit or 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 public agency will monitor the entity’s compliance with the PREA standards as part of its monitoring of the entity’s performance?
(d) Does the public agency have a policy that only allows contracting with entities not in compliance with the PREA standards in emergency circumstances in which all reasonable attempts to contract with an entity in compliance with PREA have failed?

Discussion

The goal of this standard is to ensure that all defendants/offenders, regardless of whether they reside in public or private confinement settings or are supervised by public or private entities, are protected from sexual abuse. Public agencies that contract with private agencies or other entities, including other government agencies, to confine or supervise their defendants/offenders are responsible for ensuring such protection of all defendants/offenders by contracting only with those companies or other entities that adopt and comply with the PREA standards. If all reasonable attempts to find an entity in compliance with the PREA standards have failed, under these emergency circumstances an agency may contract with an entity not in compliance with these standards. However, if an agency has contracted with a noncompliant entity, there should be a periodic review to determine if circumstances have changed that would allow contracting with an entity compliant with PREA standards.

Community Corrections Facilities

(PP3)

Defendant/offender supervision

Facility staff provides the defendant/offender supervision necessary to protect defendants/
offenders from sexual abuse. The facility administrators and supervisors responsible for reviewing critical incidents must examine areas in the facility where sexual abuse has occurred or may be likely to occur to assess whether physical barriers may allow the abuse to go undetected, the adequacy of staffing levels in those areas during different shifts, and the need for monitoring technology to supplement facility staff supervision. When problems or needs are identified, facility administrators and supervisors take corrective action (DC-3).

Assessment Checklist	YES	NO
(a) Does facility staff provide the supervision of defendants/offenders necessary to protect them from sexual abuse?
(b) Do the facility administrators and supervisors responsible for reviewing critical incidents examine areas in the facility where sexual abuse has occurred or may be likely to occur to assess the following?
• Physical barriers that may allow the abuse to go undetected
• Adequacy of staffing levels in those areas during different shifts
• Monitoring technology needs
(c) When problems or needs are identified, do facility administrators and supervisors take corrective action? (Attach description of corrective actions taken.)

Discussion

Adequate staff supervision of defendants/offenders is an essential component of any agency’s sexual abuse prevention strategy. It enables facility staff to identify aggressive or coercive defendant/offender behavior before it escalates to sexual abuse, to identify signs of inappropriate staff relationships developing with defendants/offenders before they become abuse, to respond immediately to prevent or end incidents of abuse by defendants/offenders or staff, and, when an incident does occur, to rapidly take the steps necessary for an effective response.

Some community corrections facilities will be large enough and have a physical layout that will allow for direct supervision by facility staff of defendants/offenders. Through direct supervision, staff can have continuous direct contact with defendants/offenders, enabling them to interact with and observe defendants/offenders at all or most times. When feasible, the Commission recommends that these facilities strive to meet this standard by employing a direct supervision model.

For many residential facilities, given their size, physical structure, and mission, it is not possible or optimal to have continuous direct contact between facility staff and defendants/offenders. However, facility staff should be properly trained to continually monitor activities within the facility. The standard requires the facility administrators and supervisors responsible for reviewing critical incidents to examine known areas where sexual abuse has occurred or may be likely to occur to assess and take corrective action regarding any physical barriers that may allow the abuse to go undetected, any problems with staffing levels in those areas at different times of the day, and any needs for monitoring technology to supplement facility staff supervision. In examining known areas where sexual abuse has occurred or may be likely to occur, for example, they may find blind spots or inadequate staffing patterns on particular shifts, which require new or different staff deployment schemes. Such reviews may require more frequent rounds by staff or surprise inspections in particularly problematic areas. Facility staff should examine each area carefully and take corrective action to ensure that defendants/offenders in all areas of the facility 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 defendants/
offenders, facility leadership should take action to ensure increased supervision during those times, in those areas, or for those groups of defendants/offenders.

Community Corrections Facilities

(PP4)

Limits to cross-gender viewing and searches

Except in the case of emergency, the facility prohibits cross-gender strip and visual body cavity searches. Except in the case of emergency or other extraordinary or unforeseen circumstances, the facility restricts nonmedical staff from viewing defendants/offenders of the opposite gender who are nude or performing bodily functions and similarly restricts cross-gender pat-down searches. Medical practitioners conduct examinations of transgender individuals to determine their genital status only in private settings and only when an individual’s genital status is unknown.

Assessment Checklist	YES	NO
(a) Except in the case of emergency, does the facility 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 facility restrict cross-gender viewing by nonmedical staff of defendants/ offenders who are nude or performing bodily functions?
(c) Except in the case of emergency or other extraordinary or unforeseen circumstances, does the facility restrict cross-gender pat-down searches?
(d) Are examinations of transgender individuals to determine their genital status conducted only by medical practitioners in private settings and only when an individual’s genital status is unknown?

Discussion

The goal of this standard is to protect the privacy and dignity of defendants/offenders and to reduce opportunities for staff-on-defendant/offender sexual abuse by prohibiting cross-gender strip and visual body cavity searches, setting limits on cross-gender viewing of defendants/offenders by nonmedical 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 employees of the same gender and conducted in conformance with hygienic procedures and professional practices.

This standard does not place a prohibition on cross-gender pat-down searches and viewing of defendants/offenders, 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 defendants/offenders 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 position assignment) opportunities for men or women.

Agencies are encouraged to use a number of tools to aid compliance with the portion of this standard prohibiting viewing defendants/offenders of the opposite gender who are nude or performing bodily functions. In small residential facilities, this may not be an issue given the physical layout and private bathroom areas where residents are able to close doors. In larger community corrections facilities, the layout of the facility may require other methods to comply 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.

Many community corrections facilities may not engage in either strip or visual body cavity searches. However, if staff is permitted to conduct such 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 defendant/offender’s rights to privacy and dignity.

In some facilities, although perhaps not often in community corrections, 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 was already determined at an initial medical screening. 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 examinations to determine genital status be conducted in private and by medical practitioners.

Community Corrections Facilities Pretrial, Probation, and Parole

(PP5)

Accommodating defendants/offenders with special needs

The agency or facility ensures that defendants/offenders who are limited English proficient (LEP), deaf, or disabled are able to report sexual abuse to staff directly, through interpretive technology, or through nondefendant/offender interpreters. Accommodations are made to convey all written information about sexual abuse policies, including how to report sexual abuse, verbally to defendants/offenders who have limited reading skills or who are visually impaired.

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

Discussion

The ability of all defendants/offenders to communicate effectively and directly with staff, without having to rely on defendant/offender interpreters, is crucial for ensuring that they are able to report sexual abuse as discreetly as possible. It is never desirable or sufficient for defendants/offenders to serve as interpreters or translators for other defendants/offenders to report abuse because it compromises confidentiality and places some defendants/offenders in a position of undue influence over others. It is likewise critical that all defendants/offenders 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 defendant/offender population are unknown, the facility 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 defendants/offenders as well as those defendants/offenders who have limited reading skills or who are visually impaired.

Community Corrections Facilities Pretrial, Probation, and Parole

(PP6)

Hiring and promotion decisions

The agency or facility 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 or facility makes its best effort to contact all prior institutional employers for information on substantiated allegations of sexual abuse and must run criminal background checks for all applicants and employees being considered for promotion and examine and carefully weigh any history of criminal activity at work or in the community, including convictions or adjudications for domestic violence, stalking, and sex offenses. The agency or facility 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 or facility make its best effort to contact all prior institutional employers for information on substantiated allegations of sexual abuse?
(b) Does the agency or facility 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 or facility run criminal background checks for all applicants and employees being considered for promotion?
(d) Does the agency or facility carefully consider any history of criminal activity at work or in the community, including the following?
• Any convictions or adjudications for domestic violence
• Any convictions or adjudications for stalking
• Any convictions or adjudications for sex offenses committed in the community
(e) Does the agency or facility 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 agency and facility 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 or facility 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 and facilities already run routine criminal background checks for applicants, the standard requires agencies to run such checks, where allowable by law, both for all applicants and for employees being considered for promotion to ensure that agencies and facilities 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 or facility 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 or facility 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.

(RP)

Response Planning (RP)

Community Corrections Facilities

(RP1)

Evidence protocol and forensic medical exams

The agency or facility 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 or facility’s evidence collection protocol, the agency or facility refers all victims of defendant/offender-on-defendant/offender sexually abusive penetration or staff-on-defendant/offender sexually abusive penetration to forensic medical exams performed by qualified forensic medical examiners. Forensic medical exams are provided free of charge to the victim. The agency or facility makes available or provides referrals to a victim advocate to accompany the victim through the forensic medical exam process.

Assessment Checklist	YES	NO
(a) Has the agency or facility 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 that will govern its response to incidents of sexual abuse?
(b) Does the agency or facility provide victims of defendant/offender-on-defendant/offender sexually abusive penetration or staff-on-defendant/offender sexually abusive penetration with access to a forensic medical exam?
(c) Where available in the local jurisdiction, are all forensic medical exams provided by the agency or facility performed by a qualified forensic medical examiner?
(d) Are forensic medical exams provided free of charge to the victim?
(e) Does the agency or facility make available or provide a referral to 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 the law enforcement and forensic medical examiner communities. The protocol can be found electronically at the following Web address: http://www.ncjrs.gov/pdffiles1/ovw/206554.pdf. The agency or facility head should review the national protocol or a subsequent updated edition and incorporate it into the agency’s or facility’s current protocol or use it to develop a new agency or facility protocol by adapting the national protocol to fit the agency’s or facility’s needs, resources, and policies. The agency or facility 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.

Not all parts of the evidence protocol may apply to activities undertaken by a community corrections facility or supervision agency. An agency or facility may not have either medical or investigative employees. They may refer any allegations of sexual abuse immediately to community law enforcement entities who handle all aspects of the investigation. However, any agency or facility should ensure that it follows those aspects of the protocol necessary to preserve evidence up to the point when local law enforcement or medical practitioners are brought into the process. This standard is meant to ensure that actions by agency or facility staff do not jeopardize future criminal prosecutions or administrative proceedings by compromising crucial evidence.

If the agency or facility does employ medical or mental health practitioners, the agency or facility head should ensure that all medical and mental health practitioners who treat defendant/offender victims of sexual abuse understand 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. Victims must be offered the opportunity to undergo a forensic medical exam, but the decision is a voluntary one for the victim to make. If there are no medical or mental health practitioners employed with the agency or facility, other agency or facility employees should be trained as first responders to ensure they do not compromise the collection of evidence (OR-3).

Additionally, the forensic medical exam is an important element of both evidence collection and treatment for recent sexual abuse victims. When possible, it is considered best practice to transport victims to outside health care providers for forensic medical exams to avoid any conflict or appearance of conflict of interest regarding potential evidence or treatment of the victim. If an agency or facility does not have access to any community providers able to perform forensic medical exams or if a specific defendant/offender in need of an exam has been deemed a flight risk or too dangerous to transport out of the facility, it should take steps to contract with qualified independent medical practitioners to perform the forensic exams at the facility. When an individual defendant/offender has been deemed a flight risk or too dangerous to transport out of the facility, the facility head should document in writing at the time the decision is made the factors that led to the decision not to transport the defendant/offender off-site. Please see Appendix A for more on the responsibilities of forensic medical examiners.

Community Corrections Facilities

(RP2)

Agreements with outside public entities and community service providers

The agency or facility maintains or attempts to enter into written memoranda of understanding (MOUs) or other agreements with an outside public entity or office that is able to receive and immediately forward defendant/offender reports of sexual abuse to agency or facility heads (RE-1). The agency also maintains or attempts to enter into MOUs or other agreements with community service providers that are able to: (1) provide defendants/offenders with confidential emotional support services related to sexual abuse and (2) help victims of sexual abuse during their transition from a community corrections facility into the community. The agency or facility maintains copies of written agreements or documentation showing attempts to enter into agreements.

Assessment Checklist	YES	NO
(a) Does the agency or facility maintain an agreement or attempt to enter into an agreement with an outside public entity or office that is able to receive and immediately forward defendant/offender reports of sexual abuse to agency or facility heads?
(b) Does the agency maintain or attempt to enter into agreements with community service providers that are able to do the following?
• Help victims of sexual abuse during their transition from community corrections facilities into the community
• Provide defendants/offenders with confidential emotional support services related to sexual abuse
(c) Does the agency or facility maintain copies of agreements or documentation showing attempts to enter into agreements?

Discussion

Working to establish partnerships with outside public entities and community service providers will enable the agency or facility to meet the requirements of standards RE-1, RE-3, and MM-2 most effectively. Forging these partnerships will allow the agency or facility to provide the range of services available in the community and will give defendants/offenders the choice to speak to someone not affiliated with the agency if they feel more comfortable doing so. As a result of their status in the community, defendants/offenders may already have greater access to community resources than incarcerated individuals. However, the Commission believes the community corrections agency or facility should still attempt to establish partnerships to ensure that defendants/offenders are provided resources for reporting sexual abuse and obtaining support services.

When an agency or facility establishes an MOU with an outside public entity or office to receive defendant/offender reports of sexual abuse, it should make clear that the outside public entity is responsible for forwarding those reports back to the agency or facility immediately upon receipt, unless the defendant/offender requests confidentiality (RE-1). For cases in which facilities are located in areas lacking adequate community service providers willing to provide victim support services to defendants/offenders, the agency or facility head is required by RE-3 to identify regional and/or national agencies or groups that defendants/offenders may be able to access by telephone or, if no other alternative is possible, by mail and provide defendants/offenders with that contact information.

Although the Commission recognizes that community corrections agencies or facilities may not be able to persuade outside public entities or community service providers to enter into formal agreements, it nonetheless requires agencies or facilities to try to enter into agreements. For community corrections agencies or facilities that successfully enter into agreements with outside public entities and community service providers, the Commission recommends that agreements contain the following elements: (1) the purpose of the agreement; (2) the respective roles and responsibilities of the community corrections agency or facility and outside public entity or community service provider; (3) the procedures for how and when community service providers may enter a residential facility; (4) the safety precautions that community service providers should take when working with defendants/offenders; and (5) any laws, rules, and/or regulations relevant to the service being provided, including laws granting privilege and agency or facility rules governing confidentiality for disclosures about sexual abuse made to community service providers.

Community Corrections Facilities

(RP3)

Agreements with outside law enforcement agencies

If an agency or facility does not have the legal authority to conduct criminal investigations or has elected to permit an outside agency to conduct criminal or administrative investigations of staff or defendants/offenders, the agency or facility maintains or attempts to enter into a written MOU or other agreement specific to investigations of sexual abuse with the law enforcement agency responsible for conducting investigations. If the agency or facility confines defendants/offenders under the age of 18 or applicable age of majority within that jurisdiction, or other defendants/offenders who fall under State and local vulnerable persons statutes, the agency or facility 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 community corrections facilities. When the agency or facility 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 or facility maintains a copy of the written agreement or documentation showing attempts to enter into an agreement.

Assessment Checklist	YES	NO
(a) If the agency or facility does not have the legal authority to conduct criminal investigations or has elected to permit an outside agency to conduct criminal or administrative investigations of staff or defendants/offenders, has the agency or facility 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 or facility confines defendants/offenders under the age of 18 or other defendants/offenders who fall under State and local vulnerable persons statutes, has the agency or facility 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 community corrections facilities?
(c) Does the agency or facility maintain a copy of the agreement or documentation showing attempts to enter into an agreement?

Discussion

Standing agreements between community corrections agencies or facilities and outside law enforcement agencies outlining how they will work together while investigating an incident of sexual abuse are important for ensuring that investigations into allegations of sexual abuse are timely and effective. Although the Commission recognizes that community corrections agencies or facilities may not be able to persuade outside law enforcement agencies to enter into agreements, it nonetheless requires agencies or facilities to try to enter into agreements. For community corrections agencies or facilities that successfully enter into agreements with outside law enforcement agencies, 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 community corrections and law enforcement agencies for collecting evidence in accordance with the community corrections or law enforcement agency’s evidence protocol; (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 community corrections 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 law enforcement supervisors to review the efficacy of the agreement and to recommend or make any changes, as necessary.

If the agency or facility confines any defendants/offenders under the age of 18 or applicable age of majority within that jurisdiction, or defendants/offenders 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. If this is the case, the agency or facility 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.

Community Corrections Facilities

(RP4)

Agreements with the prosecuting authority

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

Assessment Checklist	YES	NO
(a) Has the agency or facility 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 or facility maintain a copy of the agreement or documentation showing attempts to enter into an agreement?

Discussion

Greater collaboration and communication between community corrections agencies or facilities 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 or facility head to maintain regular, ongoing discussions with prosecutors about issues related to any allegations of criminal conduct in the agency or facility.

Although the Commission recognizes that community corrections agencies or facilities may not be able to persuade prosecuting authorities to enter into agreements, it nonetheless requires agencies or facilities to try to enter into agreements. For community corrections agencies or facilities 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 community corrections settings); (2) identification of the liaison position within each agency/facility; (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 or facility to prosecute a case of sexual abuse; (6) timeframes for submission of criminal cases to prosecutors; (7) a requirement that prosecutors report back to community corrections agencies or facilities after each case is reviewed; (8) the respective roles and responsibilities of the community corrections agency or facility and the prosecuting authority if the prosecutor decides to prosecute; and (9) a schedule of regular meetings between the agency or facility and prosecution supervisors to review the efficacy of the agreement and to recommend or make any changes, as necessary.