Sexual Assault in Jail and Juvenile Facilities: Promising Practices for Prevention and Response, Final Report
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The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Sexual Assault in Jail and Juvenile Facilities: Promising Practices for Prevention and Response, Final Report Author: Kim English, Peggy Heil, Robert Dumond Document No.: 236738 Date Received: November 2011 Award Number: 2004-RP-BX-0095 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. SEXUAL ASSAULT IN JAIL AND JUVENILE FACILITIES: PROMISING PRACTICES FOR PREVENTION AND RESPONSE FINAL REPORT SUBMITTED TO THE NATIONAL INSTITUTE OF JUSTICE JUNE 2010 PREPARED BY Kim English Peggy Heil Robert Dumond Colorado Division of Criminal Justice Office of Research and Statistics 700 Kipling Street, Suite 1000 Denver, CO 80215 303.239.4442 http://dcj.state.co.us/ors SEXUAL ASSAULT IN JAIL AND JUVENILE FACILITIES: PROMISING PRACTICES FOR PREVENTION AND RESPONSE FINAL REPORT FOR GRANT NUMBER D04RPBX0095 SUBMITTED TO THE NATIONAL INSTITUTE OF JUSTICE JUNE 2010 PREPARED BY Kim English Peggy Heil Robert Dumond Colorado Division of Criminal Justice Office of Research and Statistics 700 Kipling Street, Suite 1000 Denver, CO 80215 303.239.4442 http://dcj.state.co.us/ors This project was funded by Grant Number D04RPBX0095. Opinions or points of view expressed are those of the authors and do not necessarily reflect the official position or positions of the U.S. Department of Justice. TABLE OF CONTENTS iii ACKNOWLEDGEMENTS 1 EXECUTIVE SUMMARY 5 SECTION 1: INTRODUCTION 9 SECTION 2: METHODOLOGY 15 SECTION 3: PROMISING PRACTICES TO PREVENT AND RESPOND TO SEXUAL ASSAULT IN JAILS AND JUVENILE FACILITIES 16 1. Leaders who promote values that advance safety, dignity, and respect for all residents, inmates, and staff; 24 2. Officials who actively seek better ways to manage the population and who integrate knowledge and ideas from a wide variety of sources including staff, professional associations, accreditation processes, and other agencies and facilities; 26 3. Open communication between managers and correctional staff, and between correctional staff and inmates and residents; 29 4. Recruitment and hiring of diverse individuals who are respectful towards others and have effective communication skills, and mentoring and succession planning; 35 5. Standardized and on‐going staff training to transmit values through policies and practices; 38 6. Direct supervision architecture and direct supervision principles for the behavior management of residents and inmates; 45 7. Programs and services to (a) productively occupy the time of inmates, (b) meet the needs of prisoners and juveniles, and (c) improve the life outcomes of those who are incarcerated; 50 8. An objective classification system used to facilitate safety for inmates and staff; 53 9. A comprehensive and independent investigation process that emphasizes the following: training security investigation and medical staff in responding appropriately to victims, effective investigation techniques, and promotes cross‐training responding immediately to all reports of sexual assault investigating all incidents of sexual assault sensitively responding to victims prosecuting criminal behavioral when appropriate 58 10. A system of data collection, analysis, and incident tracking system that enables effective, data‐driven decision making; and 63 11. Officials who are committed to (a) learning from litigation, (b) detecting and correcting mistakes, and (c) transparency 67 REFERENCES APPENDICES 75 APPENDIX A: LITERATURE REVIEW 183 APPENDIX B: INMATE‐ON‐INMATE SEXUAL ASSAULT INVESTIGATION: A CASE DESCRIPTION 209 APPENDIX C: A GUIDE TO AN EFFECTIVE MEDICAL RESPONSE TO PRISON SEXUAL VIOLENCE 261 APPENDIX D: EFFECTIVE VICTIM SERVICES 287 APPENDIX E: TECHNOLOGY TRANSFER: BUILDING BLOCKS FOR INSTITUTIONAL SAFETY BULLETINS 289 Document 1: Responding to the Prison Rape Elimination Act 301 Document 2: Promising Practices to Prevent Resident Sexual Assaults at Woodfield Cottage Secure Detention Facility 313 Document 3: Promising Practices to Prevent Inmate Sexual Assaults 329 Document 4: Using Data to Prevent Inmate Sexual Assaults 341 Document 5: A Bibliography of Resources Available from the National Institute of Corrections Information Center TABLES 12 Table 1. Comparison of adult jail facilities 13 Table 2. Comparison of juvenile facilities 20 Table 3. Brief summary of leadership approaches i 32 Table 4. Brief description of hiring, training, and staff development 44 Table 5. Description of direct supervision management 46 Table 6. Description of program services across facilities 51 Table 7. Description of classification procedures across study sites 54 Table 8. Description of sexual assault investigation procedures in five facilities 60 Table 9. Summary of data collection, analysis, and data‐driven decision making 63 Table 10. Summary of reforms resulting from outside scrutiny ii ACKNOWLEDGEMENTS We are indebted to corrections expert Walter “Kip” Kautzky, correctional facility architect Dick Engler, and institutional safety and mental health expert Robert Dumond. The project greatly benefited from the experience of these consultants. We are also grateful to the many professionals we met during the course of the study. These men and women show their commitment to safety and humane treatment every day. These individuals have inspired us with their unrelenting leadership, a consistent and positive focus on the welfare of those under their care. The sent a clear message of treating others with respect and they combined this message with policies, practices, continual training, and daily supervision to maximize the safety of incarcerated individuals. We are indebted to their contribution to the field of corrections, and we are honored to document their work so that others may replicate these practices. Kim English, Co‐principle investigator Denver, Colorado Peggy Heil, Co‐principle investigator Canon City, Colorado June 2010 iii iv According to the Bureau of EXECUTIVE SUMMARY Justice Statistic’s analysis of sexual violence reported by correctional authorities, less Sexual assault is brutal and creates an atmosphere of terror. The threat or than one-third of one percent occurrence of rape in correctional institutions compromises the safety of (.29%) of inmates in prison, both inmates and staff and, like other forms of institutional violence, jail, and other adult contribute to a dangerous environment. French and Gendreau (2006) found correctional facilities in 2006 that prison misconduct seems to reflect a propensity for antisocial behavior made allegations of sexual that cuts across social situations. Victims of sexual assault may engage in violence (Beck, Harrison & Adams, 2007). At the same destructive behavior to psychological or physically escape from sexual time, national sexual assaults. This behavior can include assaults on staff. Research conducted with victimization estimates based sexual assault victims in the community indicates that victimization results in on inmate self reports in 2007 increased rates of substance abuse, suicide attempts, depression and post found a prevalence rate 4.5% traumatic stress disorder (Kilpatrick, Edmunds, & Seymour, 1992). These (Beck & Harrison, 2007). This issues can increase facility management problems and destabilize the is a fifteen-fold difference population. In addition, anecdotal information suggests public safety may be between administrative records and inmate self-report. compromised when offenders and victims are released back into the Implementation of practices community. Victims may be less stable emotionally, facilitating on-going that respect and protect the criminal behavior in the community (Mariner, 2000). Perhaps most victim, promote careful and importantly, research indicates that institutional sexual assault perpetrators complete criminal pose a significantly increased risk to community safety upon release from investigations, and seek to prison (Heil, Harrison, English & Ahlmeyer, 2009). It is essential that prosecute the perpetrator, will serve to encourage reporting administrators understand that this crime is unlikely to be reported. and ensure the victim receives medical and psychological According to the Bureau of Justice Statistic’s analysis of sexual violence services. Prosecution ensures reported by correctional authorities, less than one-third of one percent that the crime becomes part of (.29%) of inmates in prison, jail, and other adult correctional facilities in 2006 the perpetrator’s official made allegations of sexual violence (Beck, Harrison & Adams, 2007). At the record, providing critical information to criminal justice same time, national sexual victimization estimates based on inmate self officials who come into contact reports in 2007 found a prevalence rate 4.5% (Beck & Harrison, 2007). This is with that individual in the a fifteen-fold difference between administrative records and inmate self- future. report. Implementation of practices that respect and protect the victim, promote careful and complete criminal investigations, and seek to prosecute the perpetrator, will serve to encourage reporting and ensure the victim receives medical and psychological