PREA Policy
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AUGLAIZE COUNTY SHERIFF’S OFFICE
ACCC Policy and Procedures
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Policy: SEXUAL MISCONDUCT (PREA)
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Policy No. 1336
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Page 1 of 7
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Submitted by: Jail Administrator
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Approved by: Sheriff
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Section: ADMINISTRATIVE
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Supersedes No.:
1336 of 1999
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Date of issue:
July 25, 2005
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Effective date: Immediate
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State Standard: None
American Correctional Association Standards: 3-ALDF-1C-07-1
P.L.: 108-79
Policy:
The purpose of this policy is to more effectively provide for the detection, prevention, reduction and punishment of staff/inmate, inmate/inmate, inmate/staff sexual assault and/or misconduct during incarceration.
Purpose:
I. The purpose of this policy is to —
A) Establish a zero-tolerance standard for the incidence of all forms of sexual abuse, rape, and other sexual misconduct within the correctional facility;
B) Make the prevention, detection, and responding to rape and other sexual misconduct a top priority.
C) Develop and implement a standard for the detection, prevention, reduction, responding, and punishment of all forms of sexual abuse, sexual harassment, rape and other sexual misconduct.
D) Protect the Eighth Amendment rights of inmates.
E) Establish criteria for hiring, promoting, and tracking new and current employee backgrounds every 5 years in compliance with PREA.
F) Educate staff and inmates on PREA
G) To ensure the Jail Administrator collects incident-based sexual abuse data to report to DOJ annually
H) Establish a review team to review data collected to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training and assure sexual abuse incident reviews are conducted by the review team.
I) Establish criteria in order to securely retain data, and make sure it is available to the public by website annually with all personal identifiers removed.
J) Maintain sexual abuse data for 10 years after collection. Investigations and reports on sexual abuse will be maintained for as long as the inmate is incarcerated or employee is employed plus five years.
K) Ensure staff is aware that DOJ will conduct an audit to make sure the ACCC is complying with PREA. The outcome of the audit will be published on the ACCC website.
L) Provide orientation and education on PREA to inmates and staff
II. Scope:
A) Assure the proper classification and assignment of inmates, using proven standardized instruments and protocols, in a manner that limits the occurrence of jail rape and other forms of sexual abuse and harassment. Screening will be completed at booking to screen for vulnerability or tendency to be sexually aggressive and ensure appropriate housing for these individuals.
B) Provide for the investigation and resolution of rape complaints by responsible correctional authorities and local law enforcement agencies. The Jail Administrator of the ACCC must notify other agencies of allegations of sexual misconduct within their facility within 14 days of notification. (i.e. If an inmate booked in from another facility claims sexual misconduct at the prior facility, it must be reported to that agency within 14days) Staff should notify the Jail Administrator immediately.
C) Preserve physical and testimonial evidence for use in an investigation of the circumstances relating to the rape;
D) Provide acute-term trauma care for rape victims including standards relating to:
1) The manner and extent of physical examination and treatment to be provided to any rape victim; and access to emergency medical or mental health care will be determined by ACCC medical and mental health staff.
2) Psychological examination, psychiatric care, medication, and mental health counseling will be provided to any rape victim deemed necessary by the ACCC medical and Mental Health staff.
3) The inmate will be provided access to outside victim advocates by giving them mailing addresses, phone numbers, hotlines for local, state, or national victim advocacy groups and enable the inmate to have confidential communication to the extent security allows.
4) Medical and Mental health are required to tell an inmate that they are mandated reporters before they give service.
E) Make referral for long-term continuity of care for rape victims;
F) Provide educational and medical testing measures for reducing the incidence of HIV transmission due to prison rape.
G) Enact post-rape prophylactic medical measures for reducing the incidence of transmission of sexual disease.
H) Provide education to inmates and staff on PREA and how to prevent, detect, and report misconduct. Inmates will be educated on PREA within 30 days of intake in person or by video. Refresher material will be given out yearly. Material will be supplied in any format necessary for the English deficient and/or impaired inmates. Inmate participation will be documented. Staff will also be educated on new PREA policy and updated yearly.
I) Train staff on how to conduct pat-downs and searches of transgender inmates in a professional, respectful, and in the least intrusive manner while maintaining security. All other pat downs will be same sex. The Sheriff Department shall not examine a transgender inmate to determine an inmate’s genital status if unknown. Such examinations will be conducted in private by a medical practitioner.
J) The training of correctional staff and inmates will be sufficient to ensure that they understand and appreciate the significance of prison rape and the necessity of its eradication.
K) Staff is required to report sexual abuse or retaliation for reporting abuse and staff neglect or violation of responsibilities that contributed to an incident of sexual abuse or retaliation. All reports should be given to investigators as well as the Captain and Lieutenant.
L) Ensure timely and comprehensive investigation of staff sexual misconduct involving rape and other sexual assault on inmates (as outlined in ACCC policy and procedure number 1336); as well as timely administrative investigations on all sexual misconduct involving inmate/inmate, staff/inmate, and inmate/ staff.
M) Ensure the confidentiality of prison rape complaints and protecting inmates who make complaints of prison rape;
N) Create a system for reporting incidents of prison rape that will ensure the confidentiality of prison rape complaints, protect inmates who make prison rape complaints from retaliation, and assure the impartial resolution of prison rape complaints; Assure complaints are taken anonymously, by third party, or by the victim. The detective hotline can be used anonymously or by third party also. A kite may also be used. They can be placed in the secure mail box addressed to a detective or staff member. These also may be anonymous, by third party or from the victim.
O) The ACCC/Jail Administrator shall inform the inmate as to whether the allegation has been determined substantiated, unsubstantiated, or unfounded. Following an inmate allegation of a staff member’s sexual misconduct, the agency must inform an inmate whenever: The staff member is no longer posted in the inmate’s unit/area, the staff member is no longer employed by the ACCC, the ACCC learns the staff member has been indicted, or the ACCC learns the staff member has been convicted. This does not apply to unfounded allegations.
P) Allow inmates to have 20 days to file a grievance on an alleged incident. Extensions may be granted. Final decisions on merits of a grievance shall be made within 90 days of the filing. The ACCC can extend the decision up to 70 days. The inmate must be notified of the extension in writing. In the case of an emergency grievance where there is risk of imminent sexual abuse, an initial response should be given within 48 hours and a final decision given within 5 calendar days. If it is not deemed an emergency, the inmate will be notified and it will go through the regular grievance process.
Q) For purpose of disciplinary action, a report of sexual abuse made in good faith shall not be disciplined as false reporting or lying. Any inmate-on-inmate sexual activity will not be considered consensual, but will be considered sexual abuse. Consensual activity between 2 inmates is not addressed by PREA, but this will not be tolerated.
R) PREA policy will be published on jail’s website along with PREA audits
S) The ACCC will be required to ask new hires directly about any past substantiated allegations of sexual abuse. Material omission, or the provision of materially false information, shall be grounds for termination.
T) The Jail Administrator will be assigned the PREA coordinator. She/he will develop, implement, and oversee efforts to comply with PREA. Staffing levels, staffing patterns, video monitoring, and review of policy will be assessed each year.
U) Attend to such other matters as may reasonably be related to the detection, prevention, reduction, and punishment of prison rape.
III. Definitions:
A) Aggressor – the person or individual committing a sexual assault against another.
B) Carnal knowledge – the term “carnal knowledge” means contact between the penis and the vulva or the penis and the anus, including penetration or any sort, however slight (also referred to as intercourse).
C) False Allegations – any report or falsification during an investigation of sexual misconduct as stated in ORC 2921.31. No person shall knowingly swear or affirm the truth of a false statement previously made.
D) HIV – the term “HIV” means the human immunodefiency virus.
E) Inmate – the term “inmate” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.
F) Inmate Fraternization — prohibited activities with inmates and ex-inmates. Engaging in any nonprofessional association, contact, or personal relationship with inmates, ex-inmates, or members of their families, which compromises the employee’s ability to effectively discharge their professional duties. Exceptions include family members and previously established relationships.
1) The following activities with inmates and ex-inmates are strictly prohibited:
a) Personal trading, selling or buying of any possession or other article/s of value.
b) Accepting or offering a gift, money or anything else of value, directly or indirectly. This prohibition includes any member of the inmate’s family.
c) Giving, receiving or loaning money or anything of value for any purpose.
d) Delivering or sending verbal or written messages which are not within the scope of the employee’s assigned duties.
e) Engaging in any other activity that constitutes, or offers the opportunity for, abuse of the employee’s position. Showing favoritism in job, housing or program assignments.
f) Sharing of personal, inmate and/or sexual information.
G) Invasion of Privacy — the act of observing, attempting to observe, or interfering in an inmate’s personal, intimate routines unrelated to the necessary performance of required job duties.
H) Interference with Official Process — any failure to report or cover-up an incident of sexual misconduct, making an allegation or statement that the party or witness knew could not have been true, or any other form of failure to cooperate with an investigation or inquiry. Interference with official process will result in employee discipline.
I) Jail — the term “jail” means a confinement facility of the county law enforcement agency to hold:
1) Persons pending adjudication of criminal charges; or
2) Persons pending bail or transport to another jurisdiction, and/or a state or federal correctional facility; or
3) Persons committed to confinement after adjudication of criminal charges for sentences of one (1) year or less.
J) Oral sodomy — the term “oral sodomy” means contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus (also referred to as cunnilingus and fellatio).
K) Police lockup — the term “police lockup” means a temporary holding facility of a Federal, State or local law enforcement agency to hold:
1) Inmates pending bail or transport to jail; or
2) Inebriates until ready for release; or
3) Juveniles pending parental custody or shelter placement.
L) Prison — the term “prison” means any confinement facility of a Federal, State or local government, whether administered by such government or by a private organization on behalf of such government, and includes:
1) Any local jail or police lock-up; and
2) Any juvenile facility used for the custody or care of juvenile inmates.
M) Prison rape — the term “prison rape” includes the rape of an inmate in the actual or constructive control of prison officials.
N) Rape — the term “rape” means:
1) The carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person’s will;
2) The carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person nor forcibly or against the person’s will, where the victim is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity; or
3) The carnal knowledge, oral sodomy, sexual assault or permanent mental or bodily injury.
O) Retaliation — an act of vengeance, covert or overt action, or threat of action, taken against an inmate in response to the inmate’s complaint of sexual misconduct or cooperation in the reporting or investigation of sexual misconduct, regardless of the merits or the disposition of the complaint. Examples of acts of retaliation are unnecessary discipline, intimidation, unnecessary changes in work or program assignments, unjustified transfers or placements, unjustified denials of privileges or services. Retaliation will result in disciplinary action against an employee. Efforts will be made to terminate any contact between an inmate and employee until investigations are complete.
P) Sexual assault — any contact between the sex organ of one person and the sex organ, mouth or anus of another person, or any intrusion of any part of the body of one person, or any object into the sex organ, mouth or anus of another person, by the use of force or threat of force.
Q) Sexual contact — as stated in the ORC 2907.01 sexual contact means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, public region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
R) Sexual harassing activities — sexually offensive comments or gestures or any physical conduct which is of a sexual nature or sexually suggestive. Influencing, promising or threatening an inmate’s safety, custody or security level (including recommendations for court actions), privacy, housing privileges, work detail or offensive environment for an inmate or others by engaging in or permitting, sexually offensive behavior or language that is directed at or observable by inmates or others.
S) Sexual misconduct — sexual misconduct includes any sexual behavior that is directed towards an inmate. Sexual misconduct includes but is not limited to, any acts or attempts to commit acts, which involve sexual contact or intimate relationships, sexual abuse or assault, sexual harassing or an invasion of privacy.
T) Sexual fondling — the term “sexual fondling” means the touching of the private body parts of another person (including the genitalia, anus, groin, breast, inner thigh, or buttocks) for the purpose of sexual gratification.
U) Exclusions — the terms and conditions described in paragraphs (9) and (10) shall not apply to:
1) Custodial or medical personnel gathering physical evidence, or engaged in other legitimate medical treatment, in the course of investigating a prison rape;
2) The use of a health care provider’s hands or fingers or the use of medical devices in the course of appropriate medical treatment unrelated to prison rate; or,
3) The use of a health care provider’s hand or fingers and the use of instruments to perform body cavity searches in order to maintain security and safety within the prison or detention facility, provided that the search is conducted in a manner consistent with constitutional requirements.
IV. Procedures:
A) Employees / contract employees / volunteers
1) Employees, contract employees and volunteers are responsible for:
a) Adhering to these procedures by ensuring that their conduct does not constitute or promote sexual misconduct nor in any other way violate the provisions of these procedures.
b) Immediately reporting any known or suspected act, or allegation or sexual misconduct or retaliation to the jail administrator through the appropriate chain of command.
2) Investigators, Jail Administrator, Lt., program supervisors and correctional supervisors are responsible for:
a) Treating all reported incidents of prohibited conduct seriously and ensuring that all known or suspected acts or allegations of sexual misconduct are reported immediately and referred for investigation.
b) Ensuring that all substantiated allegations or prohibited conduct and all allegations that are substantiated as false are referred appropriately for disciplinary action.
c) Ensuring that all inmates who report that they have been sexually abused or assaulted are appropriately referred to medical and mental health for an assessment and receive appropriate ongoing support.
d) Ensuring that inmate orientation includes sexual misconduct and retaliation information, and that they understand the process by which such incidents are reported and investigated, and are informed of the sanctions for making false allegations against a staff member.
e) Ensuring that adequate measures have been taken to provide separation between the inmate making the allegation and the staff member or alleged victim and alleged offending inmate during the investigation. Also, ensure that such separation does not represent a form of punishment for the inmate.
f) Taking appropriate disciplinary actions and applying appropriate sanctions for substantiated misconduct and false allegations. In the event that there is a preponderance of evidence that an act has been committed, a pre-disciplinary hearing will be scheduled.
g) Ensuring any instance of alleged staff sexual misconduct is reported to the appropriate supervisor.
h) Referring all substantiated staff-inmate and inmate-inmate misconduct, that violates state statues, to the Sheriff and prosecutor’s office for criminal prosecution.
i) The Lt will ensure that the inmate is separated from general population for alleged abuse or retaliation. The inmate will be monitored for 90 days for retaliation from inmates or staff. If needed, monitoring can be extended up to another 90 days.
j) Administrative investigations will be documented and retained for as long as the abuser is incarcerated or employed plus five years. The departure of the abuser or victim from incarceration does not terminate the investigation.
k) The ACCC will impose no higher standard higher than preponderance of the evidence in determining whether allegations of sexual abuse are substantiated.
V. General provisions
A) Screening – all offenders shall receive a mental health screening and/or appraisal at reception and upon arrival at ACCC. This screening and/or appraisal shall include potential vulnerabilities or tendencies of acting out with sexually aggressive behavior. Medical or mental health will follow-up within 14 days of the screening. Medical or Mental health staff are required to ask inmates about prior victimization or abuse in the initial follow-up process. They will get consent before reporting prior victimization that did not occur in the correctional setting. Appropriate housing shall be assigned accordingly.
B) Housing concerns – any housing concerns noted by mental health screening regarding an offender’s history or sexual abuse-victimization or sexually predatory behavior shall be communicated to the shift supervisor or OIC. The Supervisor/ OIC/counselor/case manager/Lt./Captain shall then interview and discuss with the offender these concerns. As a result of said interview staff may facilitate a bed or unit reassignment. All offenders considered sexual predators or who are likely to be exploited or victimized by others shall be assigned to appropriate housing.
C) Investigatory guidelines – all investigations or allegations which could, if substantiated, result in criminal proscecution, will be investigated by the Auglaize County Sheriff’s Office Detective Bureau and the ACCC PREA Coordinator . The investigators shall report allegations of offender on offender assault, as defined by this policy, on an incident report form, along with the dispositions of same. All case records associated with claims of sexual assault, including incident reports, investigation reports, offender information, case disposition, medical and counseling evaluation findings, and recommendations for post release treatment and/or counseling shall be retained in accordance with the ACCC Records Retention Schedule.
D) Sexual abuse incident reviews- The ACCC will conduct sexual abuse incident reviews at the conclusion of every sexual abuse investigation, including unsubstantiated cases, unless determined unfounded.
E) Review Team- the ACCC shall have a review team that includes upper management, line supervisors, investigators, medical, and mental health. The team shall: Consider whether allegations or investigations indicate a need for change of policy or practice to better prevent, detect, or respond to sexual abuse; whether incident or allegation was motivated by the victim’s race, ethnicity, sexual orientation, gang affiliation, or other group; examine area incidents occurred to assess whether physical barriers enable abuse; assess staffing levels during different shifts, assess monitoring technology for possible better placement, and prepare report of findings and recommendations for improvement and submit to PREA coordinator.
F) Staff/inmate, inmate/inmate placement – pending all allegations or out come of the investigation, the Auglaize County Correctional Center (ACCC) will ensure that affected staff and inmates are separated through appropriate placement, segregation, transfer or leave (including suspension) options.
G) Investigation – an investigation is conducted and documented whenever a sexual assault or threat is reported.
H) Investigative techniques – interviews will be conducted in a thorough, professional, non-abusive and non-threatening manner consistent with acceptable practices for potentially traumatized victims of sex crimes.
1) A male and (if available) a female investigator will be assigned to all approved investigations of sexual misconduct.
2) Inmates can access the Auglaize County Detectives via the inmate phone system at 419-738-8241. Complaints will be taken anonymously, by third party, or from the victim.
I) Psychological / medical consultation – the investigator(s) will consult with, and have available during the inmate’s interview, a supportive staff member. Allegations, which include intercourse, sodomy, or physical force, will require consultation with medical staff.
1) In the event an inmate makes an allegation of penetration against an employee, contract employee, volunteer or another inmate, and the most recent act has occurred within the past 72 hours, the inmate will be immediately examined by a physician, not employed by the ACCC, skilled and experienced in using a rape kit for the collection of forensic evidence. The ACCC investigator and the Auglaize County Sheriff’s Office (ACSO) Law Enforcement Detective Division shall be notified.
2) Psychological evaluation and counseling will be available to inmate victims of inmate or staff sexual misconduct on a regular basis until either or both the psychologist and the victim are satisfied that sessions be scheduled less often or terminated.
3) Medical care deemed appropriate by the attending physician will be provided to the victim until the physician feels that the patient is no longer in need of treatment. Emergency medical or mental health treatment will be given upon inmate request. The inmate shall receive timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope to be determined by medical and mental health according to their professional judgment. Treatment will be provided at no cost. If medical and mental health is not available, staff first responders shall take preliminary steps to protect the victim and immediately notify medical and mental health.
4) The perpetrator in the sexual misconduct incident will be tested by the facility physician or nurse for communicable sexually transmitted diseases. In the event that the perpetrator is found to have communicable sexually transmitted disease(s) the attending physician of the victim will be notified so that the victim can be tested for sexually transmitted disease(s) and treatment for the disease(s) can be initiated. Female victims will have access to all pregnancy related medical services if needed.
J) Reporting and investigation of sexual assaults
1) An investigation is conducted and documented whenever a sexual assault or threat is reported.
2) General investigatory guidelines – all investigations or allegations investigated by the ACSO Detective Division and the ACCC PREA coordinator.
3) Investigative techniques – interviews will be conducted in a thorough, professional, non-abusive and non-threatening manner consistent with acceptable practices for potentially traumatized victims of sex crimes.
a) A male and female (if available) investigator will be assigned to all approved investigations of sexual misconduct.
4) Initial report and separation – an inmate may report a sexual assault or sexual misconduct anonymously, by third party, or by the victim to any employee, contract employee or volunteer, anyone that receives a report of a sexual assault or sexual misconduct or possible sexual assault, whether verbally or in writing, shall immediately notify the shift supervisor, and complete an incident report. The supervisor shall assure that the alleged victim and alleged aggressor is physically separated, either through the placement of one or both inmates in segregation or some other effective means. The alleged victim shall be advised by the employee receiving the report and/or the supervisor not to shower or otherwise clean themselves, or if the assault was oral, to not drink or brush their teeth, or otherwise take any action that could damage or destroy evidence. If the alleged assault has occurred within the previous 72 hours, or other circumstances dictate, arrangements shall be promptly made to have the alleged offender/victim examined by medical services. All allegations of sexual assault shall be reported.
5) ACCC medical services responsibilities – the ACCC medical officer will follow medical protocol, which includes provisions for examination, documentation, transport to the local emergency department when appropriate, collection of forensic evidence, testing for sexually transmitted disease, counseling as appropriate, prophylactic treatment follow-up and mental health assessment.
6) Psychological protocol – the mental health provider shall be notified as soon as possible, but not later than the next business day, that the alleged sexual assault has occurred. This person will consult with the investigator on the case and offer assistance as appropriate.
7) Case manager – with the alleged victim’s consent, the case manager may sit on administrative interviews with the inmate. The case manager may not however, in any manner obstruct or interfere in the course of the investigation. Case notes will be limited to noting contact and emotional status.
8) Investigation of recent sexual assaults – if the alleged sexual assault is reported or discovered within 72 hours of the incident, in addition to the provisions in this section, the following steps shall be taken by the investigator, if present, or the shift supervisor / OIC if the investigator is not present:
a) Notification shall be immediately made to the ACCC investigator and the Auglaize County Sheriff’s Office Detective Division. If a designated victim support person is on site (counselor) they shall also be notified. Otherwise, they shall be notified no later than the next business day.
b) In preparation of transporting the alleged victim to the hospital’s emergency room the offender shall be provided and instructed to undress over a clean sheet, in order to collect any potential forensic evidence that may fall from their person. The sheet along with the inmate’s clothing shall be collected as evidence and placed in a paper bag with an appropriate chain of evidence form attached.
c) A determination shall be made, based upon the amount of time that has passed since the alleged incident and the possibility of evidence still existing, as to whether the alleged aggressor, if known, should be placed in a dry cell to preserve forensic evidence. If an offender is placed in a dry cell for purposes of preserving forensic evidence, the offender shall be strip-searched and all possessions taken from them and a suicide smock issued to them. No inmate placed in a dry cell per this policy shall remain in such status longer than sixteen (16) hours. The inmate shall be placed on close watch.
d) A determination shall be made, based upon the amount of time that has passed since the alleged incident and other factors, whether there is a possibility of evidence still existing at the crime scene. If it is determined that evidence may still exist and it is possible, the crime scene shall be secured and any potential evidence shall remain in place for the detective’s examination and investigation. If the crime scene cannot be secured the crime scene shall be photographed and/or videotaped, and the evidence, if any, collected and placed in a paper bag with a chain of evidence form attached.
e) The only persons that should be entering a secured crime scene are the investigating detective, the ACCC PREA coordinator or medical staff if needed.
f) A log shall be maintained of anyone entering the crime scene until the ACSO detective releases it.
g) When the alleged victim returns form the emergency room, they shall be placed in a safe cell located away from the general population until released by the mental health provider. Placement in a safe cell under this provision does not require that the offender be placed on such status unless such a status has been otherwise initiated per ACCC policy.
h) The alleged aggressor shall be held in segregation under investigation until the investigation is complete, unless other circumstances require the transfer of the alleged aggressor. During the course of the investigation the alleged victim and the alleged aggressor shall remain separated. The victim support person (case manager/counselor) shall be permitted to sit in on any interviews of the victim consistent with this section.
i) Forensic evidence collected by the emergency room hospital will only be released to the ACSO detective division. ACCC staff should not attempt to retrieve this evidence from the hospital.
9) Investigation of Sexual Assaults Occurring 73 or more hours in the past – if the alleged sexual assault is reported or discovered 73 or more hours after the incident, in addition to the provisions in Section E above, the following steps shall be taken by the shift supervisor/OIC or investigator.
a) Secure the alleged crime scene if feasible, as forensic evidence may still exist.
b) Place alleged victim in an individual cell, such as segregation, medical block, intake or female block cell #8.
c) The alleged aggressor, if known, shall be placed in segregation under investigation.
d) The Auglaize County Detective Division and the ACCC facility investigator shall be notified, as well as an on-site designated victim support person (case manager/counselor). If the victim support person is not on-site, they shall be notified no later than the next business day.
e) The ACSO Detective and the ACCC facility investigator will typically conduct separate interviews of the alleged victim and alleged aggressor. The victim support person shall be permitted to sit in on any interviews of the victim consistent with Section E.
f) Victims of sexual assault or sexual misconduct are referred under appropriate security provisions to a community facility for treatment and gathering of evidence.
10) Prosecutions – the ACCC investigator and the ACSO Detective shall work together with the Auglaize County Prosecutor’s Office to assure appropriate criminal prosecution of cases of sexual assault and sexual misconduct.
11) Findings / recommendations – the investigative report will indicate whether the evidence supports a finding that misconduct has occurred or the allegations are false, or the evidence is inconclusive. In the event there is a finding of misconduct, which violates state statute, a copy of the report and supporting documentation/evidence will be forwarded to the prosecutor for criminal prosecution. In the event that the investigative report indicates that the allegations are false, appropriate legal and internal disciplinary procedures will be initiated against the inmate making the false complaint.
VI. Reporting – the ACCC lieutenant shall record incidences of staff sexual misconduct and offender on offender sexual assault. These categories shall be reported and recorded as follows:
A) Completed non-consensual acts;
B) Attempted non-consensual acts;
C) Abusive sexual acts;
D) All acts of sexual misconduct that includes sexual contact.
E) Sexual behavior/misconduct or sexual harassment
F) May be reported anonymously, by third party, or by victim
VII. Training – all staff, contract staff and volunteers in inmate contact positions or with access to inmates will receive pre-service and in-service training in staff/inmate and inmate/inmate sexual misconduct. ACCC training will address the prohibition, identification, reporting and prevention of sexual misconduct as well as the consequences for violating ACCC policy and procedures.
VIII. Inmate Orientation will include notification of the prohibition against sexual misconduct and provide information on how to identify and report such misconduct in the inmate handbook. The handbook entry and orientation will also include the penalties for making false accusations toward staff or other inmates.
IX. Any exceptions to the procedure will require prior written approval from the jail administrator and/or Sheriff.
Revised 05/2018
PREA Policy
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AUGLAIZE COUNTY SHERIFF’S OFFICE
ACCC Policy and Procedures
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||||
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Policy: SEXUAL MISCONDUCT (PREA)
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Policy No. 1336
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Page 1 of 7
|
||
|
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Submitted by: Jail Administrator
|
|||
|
|
|
|||
|
|
Approved by: Sheriff
|
|||
|
Section: ADMINISTRATIVE
|
|
|||
|
|
Supersedes No.:
1336 of 1999
|
Date of issue:
July 25, 2005
|
Effective date: Immediate
|
|
State Standard: None
American Correctional Association Standards: 3-ALDF-1C-07-1
P.L.: 108-79
Policy:
The purpose of this policy is to more effectively provide for the detection, prevention, reduction and punishment of staff/inmate, inmate/inmate, inmate/staff sexual assault and/or misconduct during incarceration.
Purpose:
I. The purpose of this policy is to —
A) Establish a zero-tolerance standard for the incidence of all forms of sexual abuse, rape, and other sexual misconduct within the correctional facility;
B) Make the prevention, detection, and responding to rape and other sexual misconduct a top priority.
C) Develop and implement a standard for the detection, prevention, reduction, responding, and punishment of all forms of sexual abuse, sexual harassment, rape and other sexual misconduct.
D) Protect the Eighth Amendment rights of inmates.
E) Establish criteria for hiring, promoting, and tracking new and current employee backgrounds every 5 years in compliance with PREA.
F) Educate staff and inmates on PREA
G) To ensure the Jail Administrator collects incident-based sexual abuse data to report to DOJ annually
H) Establish a review team to review data collected to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training and assure sexual abuse incident reviews are conducted by the review team.
I) Establish criteria in order to securely retain data, and make sure it is available to the public by website annually with all personal identifiers removed.
J) Maintain sexual abuse data for 10 years after collection. Investigations and reports on sexual abuse will be maintained for as long as the inmate is incarcerated or employee is employed plus five years.
K) Ensure staff is aware that DOJ will conduct an audit to make sure the ACCC is complying with PREA. The outcome of the audit will be published on the ACCC website.
L) Provide orientation and education on PREA to inmates and staff
II. Scope:
A) Assure the proper classification and assignment of inmates, using proven standardized instruments and protocols, in a manner that limits the occurrence of jail rape and other forms of sexual abuse and harassment. Screening will be completed at booking to screen for vulnerability or tendency to be sexually aggressive and ensure appropriate housing for these individuals.
B) Provide for the investigation and resolution of rape complaints by responsible correctional authorities and local law enforcement agencies. The Jail Administrator of the ACCC must notify other agencies of allegations of sexual misconduct within their facility within 14 days of notification. (i.e. If an inmate booked in from another facility claims sexual misconduct at the prior facility, it must be reported to that agency within 14days) Staff should notify the Jail Administrator immediately.
C) Preserve physical and testimonial evidence for use in an investigation of the circumstances relating to the rape;
D) Provide acute-term trauma care for rape victims including standards relating to:
1) The manner and extent of physical examination and treatment to be provided to any rape victim; and access to emergency medical or mental health care will be determined by ACCC medical and mental health staff.
2) Psychological examination, psychiatric care, medication, and mental health counseling will be provided to any rape victim deemed necessary by the ACCC medical and Mental Health staff.
3) The inmate will be provided access to outside victim advocates by giving them mailing addresses, phone numbers, hotlines for local, state, or national victim advocacy groups and enable the inmate to have confidential communication to the extent security allows.
4) Medical and Mental health are required to tell an inmate that they are mandated reporters before they give service.
E) Make referral for long-term continuity of care for rape victims;
F) Provide educational and medical testing measures for reducing the incidence of HIV transmission due to prison rape.
G) Enact post-rape prophylactic medical measures for reducing the incidence of transmission of sexual disease.
H) Provide education to inmates and staff on PREA and how to prevent, detect, and report misconduct. Inmates will be educated on PREA within 30 days of intake in person or by video. Refresher material will be given out yearly. Material will be supplied in any format necessary for the English deficient and/or impaired inmates. Inmate participation will be documented. Staff will also be educated on new PREA policy and updated yearly.
I) Train staff on how to conduct pat-downs and searches of transgender inmates in a professional, respectful, and in the least intrusive manner while maintaining security. All other pat downs will be same sex. The Sheriff Department shall not examine a transgender inmate to determine an inmate’s genital status if unknown. Such examinations will be conducted in private by a medical practitioner.
J) The training of correctional staff and inmates will be sufficient to ensure that they understand and appreciate the significance of prison rape and the necessity of its eradication.
K) Staff is required to report sexual abuse or retaliation for reporting abuse and staff neglect or violation of responsibilities that contributed to an incident of sexual abuse or retaliation. All reports should be given to investigators as well as the Captain and Lieutenant.
L) Ensure timely and comprehensive investigation of staff sexual misconduct involving rape and other sexual assault on inmates (as outlined in ACCC policy and procedure number 1336); as well as timely administrative investigations on all sexual misconduct involving inmate/inmate, staff/inmate, and inmate/ staff.
M) Ensure the confidentiality of prison rape complaints and protecting inmates who make complaints of prison rape;
N) Create a system for reporting incidents of prison rape that will ensure the confidentiality of prison rape complaints, protect inmates who make prison rape complaints from retaliation, and assure the impartial resolution of prison rape complaints; Assure complaints are taken anonymously, by third party, or by the victim. The detective hotline can be used anonymously or by third party also. A kite may also be used. They can be placed in the secure mail box addressed to a detective or staff member. These also may be anonymous, by third party or from the victim.
O) The ACCC/Jail Administrator shall inform the inmate as to whether the allegation has been determined substantiated, unsubstantiated, or unfounded. Following an inmate allegation of a staff member’s sexual misconduct, the agency must inform an inmate whenever: The staff member is no longer posted in the inmate’s unit/area, the staff member is no longer employed by the ACCC, the ACCC learns the staff member has been indicted, or the ACCC learns the staff member has been convicted. This does not apply to unfounded allegations.
P) Allow inmates to have 20 days to file a grievance on an alleged incident. Extensions may be granted. Final decisions on merits of a grievance shall be made within 90 days of the filing. The ACCC can extend the decision up to 70 days. The inmate must be notified of the extension in writing. In the case of an emergency grievance where there is risk of imminent sexual abuse, an initial response should be given within 48 hours and a final decision given within 5 calendar days. If it is not deemed an emergency, the inmate will be notified and it will go through the regular grievance process.
Q) For purpose of disciplinary action, a report of sexual abuse made in good faith shall not be disciplined as false reporting or lying. Any inmate-on-inmate sexual activity will not be considered consensual, but will be considered sexual abuse. Consensual activity between 2 inmates is not addressed by PREA, but this will not be tolerated.
R) PREA policy will be published on jail’s website along with PREA audits
S) The ACCC will be required to ask new hires directly about any past substantiated allegations of sexual abuse. Material omission, or the provision of materially false information, shall be grounds for termination.
T) The Jail Administrator will be assigned the PREA coordinator. She/he will develop, implement, and oversee efforts to comply with PREA. Staffing levels, staffing patterns, video monitoring, and review of policy will be assessed each year.
U) Attend to such other matters as may reasonably be related to the detection, prevention, reduction, and punishment of prison rape.
III. Definitions:
A) Aggressor – the person or individual committing a sexual assault against another.
B) Carnal knowledge – the term “carnal knowledge” means contact between the penis and the vulva or the penis and the anus, including penetration or any sort, however slight (also referred to as intercourse).
C) False Allegations – any report or falsification during an investigation of sexual misconduct as stated in ORC 2921.31. No person shall knowingly swear or affirm the truth of a false statement previously made.
D) HIV – the term “HIV” means the human immunodefiency virus.
E) Inmate – the term “inmate” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.
F) Inmate Fraternization — prohibited activities with inmates and ex-inmates. Engaging in any nonprofessional association, contact, or personal relationship with inmates, ex-inmates, or members of their families, which compromises the employee’s ability to effectively discharge their professional duties. Exceptions include family members and previously established relationships.
1) The following activities with inmates and ex-inmates are strictly prohibited:
a) Personal trading, selling or buying of any possession or other article/s of value.
b) Accepting or offering a gift, money or anything else of value, directly or indirectly. This prohibition includes any member of the inmate’s family.
c) Giving, receiving or loaning money or anything of value for any purpose.
d) Delivering or sending verbal or written messages which are not within the scope of the employee’s assigned duties.
e) Engaging in any other activity that constitutes, or offers the opportunity for, abuse of the employee’s position. Showing favoritism in job, housing or program assignments.
f) Sharing of personal, inmate and/or sexual information.
G) Invasion of Privacy — the act of observing, attempting to observe, or interfering in an inmate’s personal, intimate routines unrelated to the necessary performance of required job duties.
H) Interference with Official Process — any failure to report or cover-up an incident of sexual misconduct, making an allegation or statement that the party or witness knew could not have been true, or any other form of failure to cooperate with an investigation or inquiry. Interference with official process will result in employee discipline.
I) Jail — the term “jail” means a confinement facility of the county law enforcement agency to hold:
1) Persons pending adjudication of criminal charges; or
2) Persons pending bail or transport to another jurisdiction, and/or a state or federal correctional facility; or
3) Persons committed to confinement after adjudication of criminal charges for sentences of one (1) year or less.
J) Oral sodomy — the term “oral sodomy” means contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus (also referred to as cunnilingus and fellatio).
K) Police lockup — the term “police lockup” means a temporary holding facility of a Federal, State or local law enforcement agency to hold:
1) Inmates pending bail or transport to jail; or
2) Inebriates until ready for release; or
3) Juveniles pending parental custody or shelter placement.
L) Prison — the term “prison” means any confinement facility of a Federal, State or local government, whether administered by such government or by a private organization on behalf of such government, and includes:
1) Any local jail or police lock-up; and
2) Any juvenile facility used for the custody or care of juvenile inmates.
M) Prison rape — the term “prison rape” includes the rape of an inmate in the actual or constructive control of prison officials.
N) Rape — the term “rape” means:
1) The carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person’s will;
2) The carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person nor forcibly or against the person’s will, where the victim is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity; or
3) The carnal knowledge, oral sodomy, sexual assault or permanent mental or bodily injury.
O) Retaliation — an act of vengeance, covert or overt action, or threat of action, taken against an inmate in response to the inmate’s complaint of sexual misconduct or cooperation in the reporting or investigation of sexual misconduct, regardless of the merits or the disposition of the complaint. Examples of acts of retaliation are unnecessary discipline, intimidation, unnecessary changes in work or program assignments, unjustified transfers or placements, unjustified denials of privileges or services. Retaliation will result in disciplinary action against an employee. Efforts will be made to terminate any contact between an inmate and employee until investigations are complete.
P) Sexual assault — any contact between the sex organ of one person and the sex organ, mouth or anus of another person, or any intrusion of any part of the body of one person, or any object into the sex organ, mouth or anus of another person, by the use of force or threat of force.
Q) Sexual contact — as stated in the ORC 2907.01 sexual contact means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, public region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
R) Sexual harassing activities — sexually offensive comments or gestures or any physical conduct which is of a sexual nature or sexually suggestive. Influencing, promising or threatening an inmate’s safety, custody or security level (including recommendations for court actions), privacy, housing privileges, work detail or offensive environment for an inmate or others by engaging in or permitting, sexually offensive behavior or language that is directed at or observable by inmates or others.
S) Sexual misconduct — sexual misconduct includes any sexual behavior that is directed towards an inmate. Sexual misconduct includes but is not limited to, any acts or attempts to commit acts, which involve sexual contact or intimate relationships, sexual abuse or assault, sexual harassing or an invasion of privacy.
T) Sexual fondling — the term “sexual fondling” means the touching of the private body parts of another person (including the genitalia, anus, groin, breast, inner thigh, or buttocks) for the purpose of sexual gratification.
U) Exclusions — the terms and conditions described in paragraphs (9) and (10) shall not apply to:
1) Custodial or medical personnel gathering physical evidence, or engaged in other legitimate medical treatment, in the course of investigating a prison rape;
2) The use of a health care provider’s hands or fingers or the use of medical devices in the course of appropriate medical treatment unrelated to prison rate; or,
3) The use of a health care provider’s hand or fingers and the use of instruments to perform body cavity searches in order to maintain security and safety within the prison or detention facility, provided that the search is conducted in a manner consistent with constitutional requirements.
IV. Procedures:
A) Employees / contract employees / volunteers
1) Employees, contract employees and volunteers are responsible for:
a) Adhering to these procedures by ensuring that their conduct does not constitute or promote sexual misconduct nor in any other way violate the provisions of these procedures.
b) Immediately reporting any known or suspected act, or allegation or sexual misconduct or retaliation to the jail administrator through the appropriate chain of command.
2) Investigators, Jail Administrator, Lt., program supervisors and correctional supervisors are responsible for:
a) Treating all reported incidents of prohibited conduct seriously and ensuring that all known or suspected acts or allegations of sexual misconduct are reported immediately and referred for investigation.
b) Ensuring that all substantiated allegations or prohibited conduct and all allegations that are substantiated as false are referred appropriately for disciplinary action.
c) Ensuring that all inmates who report that they have been sexually abused or assaulted are appropriately referred to medical and mental health for an assessment and receive appropriate ongoing support.
d) Ensuring that inmate orientation includes sexual misconduct and retaliation information, and that they understand the process by which such incidents are reported and investigated, and are informed of the sanctions for making false allegations against a staff member.
e) Ensuring that adequate measures have been taken to provide separation between the inmate making the allegation and the staff member or alleged victim and alleged offending inmate during the investigation. Also, ensure that such separation does not represent a form of punishment for the inmate.
f) Taking appropriate disciplinary actions and applying appropriate sanctions for substantiated misconduct and false allegations. In the event that there is a preponderance of evidence that an act has been committed, a pre-disciplinary hearing will be scheduled.
g) Ensuring any instance of alleged staff sexual misconduct is reported to the appropriate supervisor.
h) Referring all substantiated staff-inmate and inmate-inmate misconduct, that violates state statues, to the Sheriff and prosecutor’s office for criminal prosecution.
i) The Lt will ensure that the inmate is separated from general population for alleged abuse or retaliation. The inmate will be monitored for 90 days for retaliation from inmates or staff. If needed, monitoring can be extended up to another 90 days.
j) Administrative investigations will be documented and retained for as long as the abuser is incarcerated or employed plus five years. The departure of the abuser or victim from incarceration does not terminate the investigation.
k) The ACCC will impose no higher standard higher than preponderance of the evidence in determining whether allegations of sexual abuse are substantiated.
V. General provisions
A) Screening – all offenders shall receive a mental health screening and/or appraisal at reception and upon arrival at ACCC. This screening and/or appraisal shall include potential vulnerabilities or tendencies of acting out with sexually aggressive behavior. Medical or mental health will follow-up within 14 days of the screening. Medical or Mental health staff are required to ask inmates about prior victimization or abuse in the initial follow-up process. They will get consent before reporting prior victimization that did not occur in the correctional setting. Appropriate housing shall be assigned accordingly.
B) Housing concerns – any housing concerns noted by mental health screening regarding an offender’s history or sexual abuse-victimization or sexually predatory behavior shall be communicated to the shift supervisor or OIC. The Supervisor/ OIC/counselor/case manager/Lt./Captain shall then interview and discuss with the offender these concerns. As a result of said interview staff may facilitate a bed or unit reassignment. All offenders considered sexual predators or who are likely to be exploited or victimized by others shall be assigned to appropriate housing.
C) Investigatory guidelines – all investigations or allegations which could, if substantiated, result in criminal proscecution, will be investigated by the Auglaize County Sheriff’s Office Detective Bureau and the ACCC PREA Coordinator . The investigators shall report allegations of offender on offender assault, as defined by this policy, on an incident report form, along with the dispositions of same. All case records associated with claims of sexual assault, including incident reports, investigation reports, offender information, case disposition, medical and counseling evaluation findings, and recommendations for post release treatment and/or counseling shall be retained in accordance with the ACCC Records Retention Schedule.
D) Sexual abuse incident reviews- The ACCC will conduct sexual abuse incident reviews at the conclusion of every sexual abuse investigation, including unsubstantiated cases, unless determined unfounded.
E) Review Team- the ACCC shall have a review team that includes upper management, line supervisors, investigators, medical, and mental health. The team shall: Consider whether allegations or investigations indicate a need for change of policy or practice to better prevent, detect, or respond to sexual abuse; whether incident or allegation was motivated by the victim’s race, ethnicity, sexual orientation, gang affiliation, or other group; examine area incidents occurred to assess whether physical barriers enable abuse; assess staffing levels during different shifts, assess monitoring technology for possible better placement, and prepare report of findings and recommendations for improvement and submit to PREA coordinator.
F) Staff/inmate, inmate/inmate placement – pending all allegations or out come of the investigation, the Auglaize County Correctional Center (ACCC) will ensure that affected staff and inmates are separated through appropriate placement, segregation, transfer or leave (including suspension) options.
G) Investigation – an investigation is conducted and documented whenever a sexual assault or threat is reported.
H) Investigative techniques – interviews will be conducted in a thorough, professional, non-abusive and non-threatening manner consistent with acceptable practices for potentially traumatized victims of sex crimes.
1) A male and (if available) a female investigator will be assigned to all approved investigations of sexual misconduct.
2) Inmates can access the Auglaize County Detectives via the inmate phone system at 419-738-8241. Complaints will be taken anonymously, by third party, or from the victim.
I) Psychological / medical consultation – the investigator(s) will consult with, and have available during the inmate’s interview, a supportive staff member. Allegations, which include intercourse, sodomy, or physical force, will require consultation with medical staff.
1) In the event an inmate makes an allegation of penetration against an employee, contract employee, volunteer or another inmate, and the most recent act has occurred within the past 72 hours, the inmate will be immediately examined by a physician, not employed by the ACCC, skilled and experienced in using a rape kit for the collection of forensic evidence. The ACCC investigator and the Auglaize County Sheriff’s Office (ACSO) Law Enforcement Detective Division shall be notified.
2) Psychological evaluation and counseling will be available to inmate victims of inmate or staff sexual misconduct on a regular basis until either or both the psychologist and the victim are satisfied that sessions be scheduled less often or terminated.
3) Medical care deemed appropriate by the attending physician will be provided to the victim until the physician feels that the patient is no longer in need of treatment. Emergency medical or mental health treatment will be given upon inmate request. The inmate shall receive timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope to be determined by medical and mental health according to their professional judgment. Treatment will be provided at no cost. If medical and mental health is not available, staff first responders shall take preliminary steps to protect the victim and immediately notify medical and mental health.
4) The perpetrator in the sexual misconduct incident will be tested by the facility physician or nurse for communicable sexually transmitted diseases. In the event that the perpetrator is found to have communicable sexually transmitted disease(s) the attending physician of the victim will be notified so that the victim can be tested for sexually transmitted disease(s) and treatment for the disease(s) can be initiated. Female victims will have access to all pregnancy related medical services if needed.
J) Reporting and investigation of sexual assaults
1) An investigation is conducted and documented whenever a sexual assault or threat is reported.
2) General investigatory guidelines – all investigations or allegations investigated by the ACSO Detective Division and the ACCC PREA coordinator.
3) Investigative techniques – interviews will be conducted in a thorough, professional, non-abusive and non-threatening manner consistent with acceptable practices for potentially traumatized victims of sex crimes.
a) A male and female (if available) investigator will be assigned to all approved investigations of sexual misconduct.
4) Initial report and separation – an inmate may report a sexual assault or sexual misconduct anonymously, by third party, or by the victim to any employee, contract employee or volunteer, anyone that receives a report of a sexual assault or sexual misconduct or possible sexual assault, whether verbally or in writing, shall immediately notify the shift supervisor, and complete an incident report. The supervisor shall assure that the alleged victim and alleged aggressor is physically separated, either through the placement of one or both inmates in segregation or some other effective means. The alleged victim shall be advised by the employee receiving the report and/or the supervisor not to shower or otherwise clean themselves, or if the assault was oral, to not drink or brush their teeth, or otherwise take any action that could damage or destroy evidence. If the alleged assault has occurred within the previous 72 hours, or other circumstances dictate, arrangements shall be promptly made to have the alleged offender/victim examined by medical services. All allegations of sexual assault shall be reported.
5) ACCC medical services responsibilities – the ACCC medical officer will follow medical protocol, which includes provisions for examination, documentation, transport to the local emergency department when appropriate, collection of forensic evidence, testing for sexually transmitted disease, counseling as appropriate, prophylactic treatment follow-up and mental health assessment.
6) Psychological protocol – the mental health provider shall be notified as soon as possible, but not later than the next business day, that the alleged sexual assault has occurred. This person will consult with the investigator on the case and offer assistance as appropriate.
7) Case manager – with the alleged victim’s consent, the case manager may sit on administrative interviews with the inmate. The case manager may not however, in any manner obstruct or interfere in the course of the investigation. Case notes will be limited to noting contact and emotional status.
8) Investigation of recent sexual assaults – if the alleged sexual assault is reported or discovered within 72 hours of the incident, in addition to the provisions in this section, the following steps shall be taken by the investigator, if present, or the shift supervisor / OIC if the investigator is not present:
a) Notification shall be immediately made to the ACCC investigator and the Auglaize County Sheriff’s Office Detective Division. If a designated victim support person is on site (counselor) they shall also be notified. Otherwise, they shall be notified no later than the next business day.
b) In preparation of transporting the alleged victim to the hospital’s emergency room the offender shall be provided and instructed to undress over a clean sheet, in order to collect any potential forensic evidence that may fall from their person. The sheet along with the inmate’s clothing shall be collected as evidence and placed in a paper bag with an appropriate chain of evidence form attached.
c) A determination shall be made, based upon the amount of time that has passed since the alleged incident and the possibility of evidence still existing, as to whether the alleged aggressor, if known, should be placed in a dry cell to preserve forensic evidence. If an offender is placed in a dry cell for purposes of preserving forensic evidence, the offender shall be strip-searched and all possessions taken from them and a suicide smock issued to them. No inmate placed in a dry cell per this policy shall remain in such status longer than sixteen (16) hours. The inmate shall be placed on close watch.
d) A determination shall be made, based upon the amount of time that has passed since the alleged incident and other factors, whether there is a possibility of evidence still existing at the crime scene. If it is determined that evidence may still exist and it is possible, the crime scene shall be secured and any potential evidence shall remain in place for the detective’s examination and investigation. If the crime scene cannot be secured the crime scene shall be photographed and/or videotaped, and the evidence, if any, collected and placed in a paper bag with a chain of evidence form attached.
e) The only persons that should be entering a secured crime scene are the investigating detective, the ACCC PREA coordinator or medical staff if needed.
f) A log shall be maintained of anyone entering the crime scene until the ACSO detective releases it.
g) When the alleged victim returns form the emergency room, they shall be placed in a safe cell located away from the general population until released by the mental health provider. Placement in a safe cell under this provision does not require that the offender be placed on such status unless such a status has been otherwise initiated per ACCC policy.
h) The alleged aggressor shall be held in segregation under investigation until the investigation is complete, unless other circumstances require the transfer of the alleged aggressor. During the course of the investigation the alleged victim and the alleged aggressor shall remain separated. The victim support person (case manager/counselor) shall be permitted to sit in on any interviews of the victim consistent with this section.
i) Forensic evidence collected by the emergency room hospital will only be released to the ACSO detective division. ACCC staff should not attempt to retrieve this evidence from the hospital.
9) Investigation of Sexual Assaults Occurring 73 or more hours in the past – if the alleged sexual assault is reported or discovered 73 or more hours after the incident, in addition to the provisions in Section E above, the following steps shall be taken by the shift supervisor/OIC or investigator.
a) Secure the alleged crime scene if feasible, as forensic evidence may still exist.
b) Place alleged victim in an individual cell, such as segregation, medical block, intake or female block cell #8.
c) The alleged aggressor, if known, shall be placed in segregation under investigation.
d) The Auglaize County Detective Division and the ACCC facility investigator shall be notified, as well as an on-site designated victim support person (case manager/counselor). If the victim support person is not on-site, they shall be notified no later than the next business day.
e) The ACSO Detective and the ACCC facility investigator will typically conduct separate interviews of the alleged victim and alleged aggressor. The victim support person shall be permitted to sit in on any interviews of the victim consistent with Section E.
f) Victims of sexual assault or sexual misconduct are referred under appropriate security provisions to a community facility for treatment and gathering of evidence.
10) Prosecutions – the ACCC investigator and the ACSO Detective shall work together with the Auglaize County Prosecutor’s Office to assure appropriate criminal prosecution of cases of sexual assault and sexual misconduct.
11) Findings / recommendations – the investigative report will indicate whether the evidence supports a finding that misconduct has occurred or the allegations are false, or the evidence is inconclusive. In the event there is a finding of misconduct, which violates state statute, a copy of the report and supporting documentation/evidence will be forwarded to the prosecutor for criminal prosecution. In the event that the investigative report indicates that the allegations are false, appropriate legal and internal disciplinary procedures will be initiated against the inmate making the false complaint.
VI. Reporting – the ACCC lieutenant shall record incidences of staff sexual misconduct and offender on offender sexual assault. These categories shall be reported and recorded as follows:
A) Completed non-consensual acts;
B) Attempted non-consensual acts;
C) Abusive sexual acts;
D) All acts of sexual misconduct that includes sexual contact.
E) Sexual behavior/misconduct or sexual harassment
F) May be reported anonymously, by third party, or by victim
VII. Training – all staff, contract staff and volunteers in inmate contact positions or with access to inmates will receive pre-service and in-service training in staff/inmate and inmate/inmate sexual misconduct. ACCC training will address the prohibition, identification, reporting and prevention of sexual misconduct as well as the consequences for violating ACCC policy and procedures.
VIII. Inmate Orientation will include notification of the prohibition against sexual misconduct and provide information on how to identify and report such misconduct in the inmate handbook. The handbook entry and orientation will also include the penalties for making false accusations toward staff or other inmates.
IX. Any exceptions to the procedure will require prior written approval from the jail administrator and/or Sheriff.
Revised 05/2018