11. Attachment 3 - Prison Rape Elimination ACT.pdf

EXHIBIT E

Prison Rape Elimination Act (PREA)

Contractor shall comply with 42 U.S.C. §15601, CDOC AR 100-40 “Prison Rape Elimination

Procedure,” CDOC AR 100-07, “Reportable Incidents and Incident Tracking System,” and will establish a zero tolerance policy to incidents of sexual assault or rape or sexual misconduct.

6.9.1.1. Contractor shall adopt and comply with PREA standards. CDOC shall monitor

Contractor’s adherence to and compliance with all PREA standards.

6.9.1.2. Contractor shall designate and appoint a Contractor PREA Manager, to coordinate

PREA compliance for Contractor. Contractor shall provide notification to CDOC of the

Contractor PREA Manager pursuant to Contract Section 18.2.

6.9.1.3. Contractor’s failure to comply with PREA standards shall result in the assessment of liquidated damages pursuant to Contract Section 17.3.9.

6.9.2 PREA Training.

6.9.2.1. CDOC will provide PREA instructor training classes. Contractor shall send instructor candidates to the CDOC PREA instructor training program.

6.9.2.2. Contractor shall require all staff, volunteers, and contract staff to attend CDOC’s basic

PREA training and the on-going annual trainings which may be required by applicable Guiding

Principles and Contractor’s Policy.

6.9.2.3. Contractor shall require the following staff to attend specialized CDOC PREA training:

6.9.2.3.1. first-line responders,

6.9.2.3.2. an individual who is a shift commander, investigator, or Clinical Services nurse who may be present and assist with trace evidence collection under the direct and present supervision of the requesting shift commander or investigator, and

6.9.2.3.3. staff who may be involved in incidents of sexual

Assault, rape or sexual misconduct.

6.9.3 PREA Communications.

6.9.3.1. Contractor shall ensure Offenders receive orientation material regarding PREA both during Facility orientation and on an annual basis thereafter. Contractor shall require Offenders to sign an acknowledgement of having received the information and shall store a copy to the

Offender Working File and Department File.

6.9.3.2. Contractor shall ensure that Offenders who are Limited English Proficient (LEP), deaf, or disabled are able to report incidents, especially sexual assault, sexual misconduct and sexual harassment, through interpretive technology or non-Offender interpreters. Contractor shall make accommodations to convey written information about sexual abuse policies to Offenders who have limited reading skills or who are visually impaired.

6.9.3.3. Each Party shall provide information to the other Party' s appropriate authority regarding sexual predators or victims when the identified Offender is transferred from the Facility to another CDOC location. Contractor shall keep that information confidential.

6.9.3.4. Contractor shall separately report each incident or suspected incident of sexual misconduct, sexual assault, sexual conduct in a correctional institution, sexual abuse, and sexual harassment (including romantic relationships between staff or Contractor and an Offender), including but not limited to grievances and investigations thereof, or reports or allegations of retaliation thereof, to the OIG for documentation, tracking, audit and victim services follow up purposes, per CDOC AR 100-07, “Reportable Incidents and Incident Tracking System.” In addition, Contractor shall send a monthly summary report to the OIG within ten (10) working days of the end of the reporting month. All reports shall include Offender and staff demographics. Refer to AR 100-40 for definitions if needed.

6.9.3.5. Contractor shall send investigations and staff administrative dispositions or sanctions within thirty (30) calendar days of conclusions of the investigations or administrative disposition.

Contractor shall include any audit reviews or reports that are conducted after the incident.

6.9.3.6. In order to facilitate CDOC's PREA compliance, Contractor shall provide to the OIG

PREA Manager a copy of the data set(s) used to complete the U.S. Department of Justice Survey of Sexual Violence, in accordance with PREA Standard Schedule A Section 115.87 (prisons)

115.287 (community corrections), et seq., on the following biannual schedule: for the period of

January 1 through June 30, by August 31, and for the period of July 1 through December 31, by

February 28, or at such time as otherwise specified in writing by the State.

6.9.4 PREA Response.

6.9.4.1. Contractor will send Offenders suspected of having been sexually assaulted or raped to a hospital with a Sexual Assault Nurse Examiner (SANE) Program. At the direction of the OIG investigator, Contractor shall provide pre-transport notification to the hospital of the need for services of a SANE nurse to engage in sexual assault forensic examination, intervention, and treatment in relation to an incident of suspected sexual assault. Contractor shall reimburse CDOC for any sexual assault forensic exam conducted by the hospital on a sexual assault victim or suspect.

6.9.4.2. Contractor shall effectively separate the alleged perpetrator(s) and victim until permanent arrangements ensure the safety of the victim.

6.9.4.3. When an Offender is suspected of having been sexually assaulted or raped or having been a victim of sexual misconduct, Contractor shall provide mental health treatment/counseling to the Offender.

6.9.5 PREA Audit

6.9.5.1. During the three-year period starting on August 20, 2013 and ending on August 19, 2016, and during each three -year period thereafter, Contractor shall provide CDOC with a U.S.

Department of Justice PREA audit (using an auditor accredited for the work by the U.S.

Department of Justice) of the Facility to ensure compliance with the PREA standards. This audit will allow CDOC to ensure that Contractor was audited by an accredited U.S. Department of

Justice Auditor and is in compliance with applicable PREA standards. Contractor shall bear the burden of demonstrating compliance with the PREA standards and for the PREA audit.

6.9.5.2. During the audit, Contractor shall permit Offenders to send confidential information or correspondence to the auditor in the same manner as if they were communicating with legal counsel.

6.9.5.3. Per the instruction given to the CDOC by the Colorado Office of the Attorney General regarding state employees, state fiscal policy and potential conflicts of interest, Contractor will not hire a current State of Colorado employee to conduct the PREA Audit.