PREA Att 11-C Contractors Volunteers EFFECTIVE 10-6-20 2.pdf

PENNSYLVANIA DEPARTMENT OF CORRECTIONS

CONTRACTORS/VOLUNTEERS/PUBLIC VISITORS/NON-DEPARTMENT EMPLOYEE

PREA Training Acknowledgment of Understanding and Duty to Report (28 C.F.R. §115.32)

DC-ADM 008, Prison Rape Elimination Act (PREA) Procedures Manual Attachment 11-C Section 11 – Sexual Abuse/Sexual Harassment Prevention – Training and Education Page 1 of 2 Issued: 9/29/2020 Effective: 10/6/2020

The Prison Rape Elimination Act (PREA) Standards were enacted into law in 2003 to study and address prison sexual violence.

Sexual abuse is against the law. The concept of “zero tolerance” is the foundation of the PREA Standards. Every provision of the standards is rooted in the notion that even one incident of sexual abuse or sexual harassment in prison settings is too many.

Zero tolerance means that no sexual abuse or sexual harassment is tolerated, including abuse by inmates and by staff. (28 C.F.R. §115.32[b])

Anyone who engages in, fails to report, or knowingly condones sexual abuse or sexual harassment of an inmate shall be subject to disciplinary action and may be subject to criminal prosecution.

An inmate, employee, contract service provider, volunteer, and/or any individual who has business with or uses the resources of the Department is subject to disciplinary action and/or sanctions, including possible dismissal and termination of contracts and/or services, if he/she is found to have engaged in sexual harassment or sexual contact with an inmate.

A claim of consent will not be accepted as an affirmative defense for engaging in sexual abuse or sexual harassment of an inmate.

Sexual Abuse of an inmate by a staff member, contractor, or volunteer includes any of the following acts, with or without the consent of the inmate:

1) Contact between the penis and the vulva or the penis and the anus, including penetration, however, slight;

2) Contact between the mouth and the penis, vulva, or anus;

3) Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

4) Penetration of the anal or genital opening, however, slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

5) Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

6) Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in paragraph (1) through (5) of this definition;

7) Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, detainee, or resident; and

8) Voyeurism by a staff member, contractor, or volunteer. Voyeurism means an invasion of privacy of an inmate, detainee, or resident by staff for reasons unrelated to official duties, such as peering at an inmate who is using a toilet in his or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an inmate’s naked body or of an inmate performing bodily functions.

Sexual Harassment:

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 directed toward another.

2) Repeated verbal comments or gestures of a sexual nature to an inmate 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.

POLICY STATEMENT

DEFINITIONS

PROHIBITIONS

PENNSYLVANIA DEPARTMENT OF CORRECTIONS

CONTRACTORS/VOLUNTEERS/PUBLIC VISITORS/NON-DEPARTMENT EMPLOYEE

PREA Training Acknowledgment of Understanding and Duty to Report (28 C.F.R. §115.32)

DC-ADM 008, Prison Rape Elimination Act (PREA) Procedures Manual Attachment 11-C Section 11 – Sexual Abuse/Sexual Harassment Prevention – Training and Education Page 2 of 2 Issued: 9/29/2020 Effective: 10/6/2020

Contractors or Volunteers who provide services to the Pennsylvania Department of Corrections, can be criminally charged for violating Pennsylvania State Law 18 PA. CONS. STAT. §3124.2 defines Institutional Sexual Assault as a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse, or indecent contact with an inmate, detainee, patient, or resident.

Staff members, contract service providers, volunteers, and any other individual authorized to enter a facility, whether under escort or not, who will have sight or sound contact with inmates, (to include contract service providers, public visitors, or Non- Department Employees) are required to verbally report incidents or suspicions of sexual abuse or sexual harassment to the facility Shift Commander. All inmate reports of sexual abuse and sexual harassment shall be subsequently documented on a DC-121 Part 3, Employee Report of Incident prior to departing the facility. Private reports can also be submitted to the Sexual Abuse Reporting Address established by the Office of State Inspector General; the address is ATTN: PREA Coordinator, Office of State Inspector General, 555 Walnut Street, 8th Floor, Harrisburg, PA 17101. (28 C.F.R.

§115.32[b])

When an inmate discloses that he/she has been sexually abused, via penetration of the mouth, anus, or genital opening within the past 96 hours, request that the alleged victim not take any actions that could destroy physical evidence, such as washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating; and then immediately notify security staff to protect the individual and any applicable crime scene. (28 C.F.R. §115.64[b])

Under DC-ADM 008, Section 11, all staff, contractors, volunteers, and any other individuals authorized to enter a facility, whether under escort or not, who will have sight or sound contact with inmates, (to include contract service providers, public visitors, or Non-Department Employees) are required to acknowledge their understanding and comprehension of prohibited sexually abusive and sexually harassing activity and PREA reporting requirements commensurate with the level of contact they have with inmates.

Name: _____________________________________________________ (print)

Facility: ____________________________________________________ (print)

I acknowledge on this date _______________ I received and understand the above training information on the Prison Rape Elimination Act (PREA). I understand that the Department of Corrections maintains a zero tolerance policy in regard to inmate sexual abuse, sexual harassment, and retaliation. I have an obligation to report ALL forms of sexual abuse, sexual harassment, and retaliation immediately to the facility’s Shift Commander.

Participant Signature: ___________________________________________

Witness Signature:______________________________________________

Date: ____________________________

REPORTING REQUIREMENTS

ACKNOWLEDGMENT OF UNDERSTANDING AND DUTY TO REPORT

FIRST RESPONDER DUTIES