1040 - PREA.docx

MANATEE COUNTY SHERIFF'S OFFICE GENERAL ORDER NUMBER 1040 – PREA Prison Rape Elimination Act of 2003 This General Order rescinds General Order 1040 dated March 23, 2017, and all of its addenda and revisions and any other General Order dealing with these issues. Effective Date: January 21, 2022 To: A...

MANATEE COUNTY SHERIFF'S OFFICE GENERAL ORDER NUMBER 1040 – PREA Prison Rape Elimination Act of 2003 This General Order rescinds General Order 1040 dated March 23, 2017, and all of its addenda and revisions and any other General Order dealing with these issues. Effective Date: January 21, 2022 To: All Personnel TABLE OF CONTENTS 1.0 PURPOSE 2 2.0 POLICY 2 3.0 SCOPE 2 4.0 REFERENCES 2 5.0 DEFINITIONS 2 6.0 PROCEDURE 2 1.0 PURPOSE: The purpose of this general order is to establish guidelines for the proper handling of inmate Sexual Abuse and Sexual Harassment in a sensitive, timely, and confidential manner and to develop a standard to prepare all staff to effectively eliminate, reduce, and prevent incidents of Sexual Abuse and Sexual Harassment by or towards inmates. MCSO strives for full compliance with the Prison Rape Elimination Act (PREA) and all standards for the detection, prevention, reduction, and punishment of Sexual Abuse and Sexual Harassment. 2.0 POLICY: The Manatee County Sheriff’s Office has zero tolerance policy for Sexual Abuse or Sexual Harassment directed toward any inmate. Any substantiated claim of Sexual Abuse, sexual contact, or Sexual Harassment committed by one inmate upon another may result in criminal charges or administrative discipline, as deemed appropriate. Any substantiated claim of Sexual Abuse, sexual contact, or Sexual Harassment by a staff member towards an inmate may result in termination of the staff member, criminal charges, or other punitive actions as deemed appropriate. <PREA §115.11> 3.0 SCOPE: This General Order applies to all Manatee County Sheriff's Office personnel and volunteers. 4.0 REFERENCES: Prison Rape Elimination Act of 2003, Florida State Statutes 119.00, 794.0011, 951.221, FCAC Standards 9.03M, 9.09M, 30.01M, 30.02M, 30.03M, 30.04M, and FMJS 4.12. 5.0 DEFINITIONS 5.1 SEXUAL ABUSE: Shall be inclusive of any behavior or act of a sexual nature directed toward an inmate. This includes acts or attempts to commit such acts including but not limited to sexual assault, sexual abuse, Sexual Harassment, sexual contact, sexual battery, conduct of a sexual nature or implication, obscene conversations, or correspondence of a romantic or sexual nature and unreasonable invasion of privacy. 5.2 SEXUAL HARASSMENT: 5.2.1 Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate, detainee, or resident directed toward another; or 5.2.2 Repeated verbal comments or gestures of a sexual nature to an inmate, detainee, or resident by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. 6.0 PROCEDURE 6.1 Staff Training: The PREA Coordinator will be responsible for the development of PREA training materials for all employees, contract employees, or volunteers who may come into contact with inmates. 6.1.1 Training content shall include but not be limited to: 6.1.1.1 MCSO’s Zero Tolerance policy for Sexual Abuse and Sexual Harassment; <PREA §115.31(a)(1)> 6.1.1.2 An employee’s duty to report incidents of Sexual Abuse and Sexual Harassment, the referral process, applicable laws regarding mandatory reporting, and ramifications for the failure to report such acts; <PREA §115.31(a)(2)(10)> 6.1.1.3 An Inmates’ right to be free from Sexual Abuse and Sexual Harassment, and the rights of inmates and employees to be free from retaliation for reporting; <PREA §115.31(a)(3)> 6.1.1.4 The dynamics of Sexual Abuse and Sexual Harassment in confinement and recognition of the physical, behavioral, and emotional reactions to sexual abuse and Sexual Harassment; <PREA §115.31(a)(5)(6)> 6.1.1.5 Sexual Abuse and Sexual Harassment detection, prevention, and response techniques; <PREA §115.31(a)(7)> 6.1.1.6 How to avoid inappropriate relationships with inmates; <PREA §115.31(a)(8)> 6.1.1.7 How to communicate effectively and professionally with LGBTI inmates in a respectful and non-discriminatory manner; and <PREA §115.31(a)(9)> 6.1.1.8 Confidentiality. 6.1.2 PREA training will be a part of new employee, contract employee and volunteer orientation. 6.1.3 Ongoing training will be conducted either in person during annual in-service training or in an online format via PowerDMS. 6.2 Inmate Education: All inmates will receive information during inmate training, which shall be provided in a language clearly understood by the inmate. 6.2.1 How to protect themselves from becoming victims while incarcerated; 6.2.2 Treatment and counseling options available to victims of Sexual Abuse; 6.2.3 Methods of reporting incidents of Sexual Abuse; and 6.2.4 Information regarding an outside victim advocate agency for reporting Sexual Abuse; 6.3 Screening: 6.3.1 Inmates will be screened within 24 hours of arrival at the facility as part of the booking process for potential vulnerabilities or tendencies of sexually aggressive behavior. 6.3.2 Inmates identified as high risk for sexual victimization will be assessed by a mental health or other qualified professional. 6.3.3 Inmates will be assigned facility housing based upon custody level, special management needs, and institutional behavior, as well as any vulnerabilities or tendencies of sexually aggressive behavior. 6.4 Housing: 6.4.1 Inmates shall be able to shower, perform bodily functions, and change clothing without non-medical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks. 6.4.2 Staff shall announce their presence when entering an inmate housing unit of the opposite gender. 6.4.3 An intermediate or higher-level supervisor shall conduct and document unannounced rounds in the pods to identify and deter staff sexual abuse and sexual harassment on both day and night shifts. Staff members shall not alert other staff members that these supervisory rounds are occurring unless such announcement is related to the legitimate operational functions of the facility. 6.5 Detection and Response: 6.5.1 Inmates will be provided with internal methods to easily, privately, and securely report sexual abuse, retaliation by other inmates or staff for reporting sexual abuse, and staff neglect or violation of responsibilities that may have contributed to an incident of sexual abuse. Methods of reporting include but are not limited to: 6.5.1.1 Inmate request forms; 6.5.1.2 Verbal or written message to the deputy; 6.5.1.3 Verbal or written message to any other staff member; 6.5.1.4 A message from a third party or outside entity; 6.5.1.5 By using a dorm phone to dial the Intervention Line at 9774# which connects to the Communication Section of the Manatee County Sheriff’s Office on a recorded line with a documented log of calls; 6.5.1.6 A free phone call to an outside agency or victim advocate; 6.6 Response to Allegation Protocols: 6.6.1 Isolate the inmate and secure the crime scene. 6.6.2 Victims of inmate-on-inmate Sexual Abuse/Sexual Assault or staff-on-inmate abuse/assault will be provided access to a forensic examination and follow-up treatment free of charge. 6.6.3 Copies of the incident report will be distributed to the Corrections Bureau Chief, CIU, PREA Coordinator, and PREA Compliance Manager. 6.6.4 Professional Standards shall be notified when an MCSO employee is involved in allegations of Sexual Abuse/Sexual Harassment. 6.7 Specialized Training/Investigations: 6.7.1 To ensure compliance with PREA standards, investigators will receive training in conducting Sexual Abuse investigations in a confinement setting to include: 6.7.1.1 Techniques for interviewing Sexual Abuse victims; 6.7.1.2 Proper use of Miranda – and Garrity – type warnings; 6.7.1.3 Sexual abuse evidence collection in confinement settings; 6.7.2 The MCSO will maintain written verification of an investigators completion of specialized training. 6.8 Inmate Grievances and Exhaustion of Administrative Remedies: 6.8.1 The agency shall ensure that an inmate who alleges Sexual Abuse may submit a grievance without submitting it to a staff member who is the subject of the complaint, and such grievance is not referred to a staff member who is the subject of the complaint. 6.8.2 The agency shall issue a final agency decision on the merits of any portion of a grievance alleging Sexual Abuse within 90 days of the initial filing of the grievance. 6.8.3 Computation of the 90 day time period shall not include time consumed by inmates in preparing any administrative appeal. 6.8.4 The agency may claim an extension of time to respond, of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. The agency shall notify the inmate in writing of any such extension and provide a date by which a decision will be made. 6.8.5 At any level of the administrative process, including the final level, if the inmate does not receive a response within the time allotted for reply, including any properly noticed extension, the inmate may consider the absence of a response to be a denial at that level. 6.8.6 Third parties, including fellow inmates, staff members, family members, attorneys, and outside advocates, shall be permitted to assist inmates in filing requests for administrative remedies relating to allegations of Sexual Abuse, and shall also be permitted to file such requests on behalf of inmates. 6.8.7 If a third party files such a request on behalf of an inmate, the facility may require as a condition of processing the request that the alleged victim agree to have the request filed on his or her behalf and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process. 6.8.8 If the inmate declines to have the request processed on his or her behalf, the agency shall document the inmate’s decision. 6.9 The following procedure is established for the filing of an emergency grievance alleging that an inmate is subject to a substantial risk of imminent Sexual Abuse as stated in PREA Standard §115.52 (f)(1)(2). 6.9.1 After receiving an emergency grievance alleging an inmate is subject to a substantial risk of imminent Sexual Abuse, the agency shall immediately forward the grievance (or any portion thereof that alleges the substantial risk of imminent Sexual Abuse) to a level of review at which immediate corrective action may be taken, shall provide an initial response within 48 hours, and shall issue a final agency decision within 5 calendar days. The initial response and final agency decision shall document the agency's determination whether the inmate is in substantial risk of imminent Sexual Abuse and the action taken in response to the emergency grievance. 6.9.2 The agency may discipline an inmate for filing a grievance related to alleged Sexual Abuse only where the agency demonstrates that the inmate filed the grievance in bad faith. 6.10 Specialized Training/Medical and Mental Health Care: 6.10.1 To ensure compliance with the standards of PREA, full- and part-time contracted medical and mental health staff will receive training on the following: 6.10.1.1 How to detect and assess signs of Sexual Abuse and Sexual Harassment: 6.10.1.2 How to preserve physical evidence of Sexual Abuse (obvious physical trauma only). 6.10.1.3 How to respond effectively and professionally to victims of Sexual Abuse and Sexual Harassment; 6.10.1.4 How and to whom to report allegations or suspicions of Sexual Abuse and Sexual Harassment. 6.10.2 The Corrections Compliance Manager shall maintain documentation that all medical and mental health staff has received specialized training in detecting, assessing, preserving, and responding to victims of Sexual Abuse and Sexual Harassment. 6.11 Supervision and Monitoring: 6.11.1 The Compliance Managers will ensure that each facility develops, documents, and makes its best efforts to comply on a regular basis with a staffing plan that provides for adequate levels of staffing and, where applicable, video monitoring, to protect inmates against Sexual Abuse. In calculating adequate staffing levels and determining the need for video monitoring, facilities shall take into consideration: 6.11.1.1 Generally accepted detention and correctional practices; 6.11.1.2 Any judicial findings of inadequacy; 6.11.1.3 Any findings of inadequacy from Federal investigative agencies; 6.11.1.4 Any findings of inadequacy from internal and external oversight bodies; 6.11.1.5 All components of the facility’s physical plant (including “blind spots” or areas where staff or inmates may be isolated); 6.11.1.6 The composition of the inmate population; 6.11.1.7 The number and placement of supervisory staff; 6.11.1.8 Institution programs occurring on a particular shift; 6.11.1.9 Any applicable State or local laws, regulations, or standards; 6.11.1.10 The prevalence of substantiated and unsubstantiated incidents of Sexual Abuse; and 6.11.1.11 Any other relevant factors. 6.11.2 In circumstances where the staffing plan is not complied with, the facility shall document and justify all deviations from the plan. 6.11.3 Whenever necessary, but no less than annually for each facility, in consultation with the PREA Coordinator required by PREA §115.11, the agency shall assess, determine, and document whether adjustments are needed to: 6.11.3.1 The staffing plan established pursuant to section 6.11.1; 6.11.3.2 The facility’s deployment of video monitoring systems and other monitoring technologies; and 6.11.3.3 The resources the facility has available to commit to ensure adherence to the staffing plan. 6.12 Criminal and Administrative Agency Investigations: 6.12.1 Criminal investigations shall be documented in a written report that contains a thorough description of physical, testimonial and documentary evidence, and copies of all documentary evidence are attached where feasible. 6.12.2 Administrative investigations shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings. 6.13 Sexual Abuse and Harassment Incident Reviews: 6.13.1 The facility shall conduct a Sexual Abuse incident review at the conclusion of every Sexual Abuse investigation, including where the allegations have not been sustained, unless the allegation has been determined to be unfounded. 6.13.2 The review team shall include upper-level management and input from investigators, medical staff, and line supervision. 6.13.3 The review team shall: 6.13.3.1 Prepare a report of its findings, including but not necessarily limited to determinations made and any recommendations for improvement, and submit the report to the Bureau Chief/designee, PREA Compliance Manager, and PREA Coordinator. 6.13.3.2 The facility shall implement the recommendations for improvement or shall document its reasons for not doing so. 6.14 Data Review for Corrective Action: 6.14.1 The agency shall review data collected and aggregated pursuant to PREA §115.87 in order to assess and improve the effectiveness of its Sexual Abuse prevention, detection, and response policies, practices, and training, including by preparing an annual report of its findings and corrective actions for each facility, as well as the agency as a whole. 6.14.2 The agency’s report shall include a comparison of the current year's data and corrective actions with those from prior years and shall provide an assessment of the agency's progress in addressing Sexual Abuse. 6.14.3 The agency's report shall be approved by the Sheriff and made readily available to the public through its website. 6.14.4 The agency may redact specific material from the reports when publication would present a clear and specific threat to the safety and security of a facility but must indicate the nature of the material redacted. Approved For Issue – Charles R. Wells, Sheriff Manatee County Florida