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Evaluation of the Colorado Department of Corrections' Prison Colorado Department of Corrections Office of Planning and Analysis 2862 South Circle Drive Colorado Springs, CO 80906 www.doc.state.co.us Aristedes Zavaras Executive Director LaCole Archuletta Office of the Inspector General Identification, Tracking, and Prevention Unit Manager C. Scott Hromas Director of Research Associate Justice of the United States Supreme Court Harry Blackmun stated the following in regards to the topic of prison rape: [Institutionalized rape is] nothing less than torture. The horrors experienced by many young in- mates…border on the unimaginable. Prison rape not only threatens the lives of those who fall prey to their aggressors, but it is potentially devastating to the human spirit. Shame, depression, and a shattering loss of self-esteem accompany the perpetual terror the victim thereafter must en- dure (Farmer v. Brennan, 1994). ACKNOWLEDGMENTS This project was made possible through a grant award from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (2006-RP-BX-0045). Thank you to the PREA staff, especially LaCole Archuletta and Karee Wandell, who were essential to giving this project life. We are also grateful to the intake and programming staff at Denver Reception and Diagnostic Center and Denver Women’s Correctional Facility, the PREA training instructors, as well as the offenders who participated in the evaluation - without everyone’s support this project would not have been possible. EXECUTIVE SUMMARY The impact of prison rape reaches far past the likely due to improved offender and staff awareness prison walls, and society is not immune to the psycho- as well as improved reporting guidelines and data logical, biological, or emotional effects that manifest monitoring. in the aftermath of a prison sexual assault. Eliminating The majority of incident reports came from offend- prison rape is extremely important to protecting the er and staff sources. The source which appears to be physical and mental health of potential victims, reduc- underutilized is the tips line which accounted for ing the number of violent incidents that occur as a re- very few of the reports received during the targeted sult of the rape or related retaliation, and protecting timeframe. the community by decreasing the number of offenders Inmate-on-inmate incidents appear to have occurred releasing from prison into the community with a sex- in inmate cells (victims and predators) or common ually transmitted disease or HIV/AIDS, which might areas (e.g., chow hall or yard). The highest percen- be contracted during a rape. The national movement to tage of staff-on-inmate incidents occurred in com- address these issues was initiated by the Prison Rape mon areas (e.g., chow hall or yard). Elimination Act (PREA) of 2003. This Act makes clear its dedication to the Eighth Amendment rights to Victim and Predator Profiles protect federal, state, and local prisoners by prioritiz- Male victims were significantly younger and more ing the prevention of prison rape and a commitment to likely to be in prison for the first time compared to change prison culture within the nation’s correctional predators. institutions. Disproportionate rates of male Caucasian inmates The Colorado Department of Corrections (CDOC) were found among the victim group and male Afri- implemented the PREA program in 2005. Under this can Americans inmates among the predator group. program the department has sought to educate staff Male victims of inmate predators had greater aca- and offenders, identify potential victims and preda- demic, sex offender, medical, mental health, serious tors, and employ procedures with which to respond to mental illness, and developmental disability needs. all sexual incidents involving inmates and staff. The A higher proportion of female predators were single present study aims to evaluate the implementation of compared to victims. Like males, a higher propor- the PREA program in the CDOC and provide feed- tion of female victims were serving their first incar- back about the current operations specifically identify- ceration compared to predators. ing the strengths of the program as well as areas need- Among staff predators, 96% of female staff perpe- ing further attention. trated in male facilities and 53% of male staff per- petrated in female facilities; the remainder was with Method same-sex victims. PREA incidents were defined by who was involved Staff profile’s revealed the highest level of staff (e.g., inmate-on-inmate, staff-on-inmate), what conduct predatory behavior appeared to occur in medium took place (e.g., penetration, sexual contact, inde- security facilities which were closely followed by cent exposure), and if it was consensual (e.g., maximum/administrative segregation facilities. forced or not forced). Timeframes for the data samples were from January Diagnostic Assessment of Sexually Aggressive Beha- 2005 to December 2007. vior and Sexual Vulnerability Risk Data samples did not include incidents in the Observation and interview methods revealed that Youthful Offender System, community corrections, assignment of sexual vulnerability risk (SVR) was or parole. based on a few brief questions. There appears to be variability among the classifi- Results cation staff as to how they assign the sexual vulne- Incidents rability risk levels, this is likely due to little formal Reports of PREA incidents increased from 2005 to training, brief interviews and rapport building as 2007. The highest number of PREA reported inci- well as the lack of standardized guidelines. dents were inmate-on-staff indecent exposure and The assignment of the sexually aggressive behavior sexual harassment, which are not part of the federal (SAB) level is automatic based on the offender’s past PREA standards. The increases overall are most i EXECUTIVE SUMMARY history of sexual violence and sexual predator con- come. The majority of the unsubstantiated cases victions. (37%) resulted from little or no evidence, and 10% of the unsubstantiated cases were due to the victim Offender Orientation not cooperating. Offenders have good comprehension of the PREA This information was also severely limited by miss- information presented during orientation. ing data. Clinical Services staff and facility Chaplains were identified most often as the staff that offenders Recommendations would be most willing to talk to about a PREA in- A very large percentage (50%) of the offenses oc- cident. Females reported they would be most com- curring in the facilities and subsequently tracked by fortable talking to family members. the PREA office are incidents committed by in- A file audit revealed 97% of the offender files had mates against staff. It should be considered whether documentation for completion of the PREA orienta- or not these types of incidents should be included tion. under the department’s PREA policy as they are not included at the federal level and they can be very Staff Training taxing on available resources. Staff attitudes regarding rape were generally in line Operational definitions should be developed for all with ones helpful in reducing prison rape. data elements which are collected in the PREA da- Concerning attitudes included 24% of staff who tabase. All people reporting and monitoring data believed “the way a person acts or dresses could in- should be trained on these definitions and the ap- vite rape” and 55% of staff who believe “people are propriate use of terms. likely to falsely claim rape.” CDOC staff are the largest reporting group, there- The strongest areas of staff comprehension included fore further efforts should focus on how to improve policy information related to the zero tolerance pol- information sharing and data monitoring related to icy, victim rights, and PREA legislation. staff reports. Staff should be trained specifically The weakest areas of comprehension included un- how to write a PREA report and all the necessary derstanding of deliberate indifference, signs of vic- information which should be included. timization, recall of victim traits, and crime scene Findings from the current offender and staff profiles management priorities. coupled with national research should be used to improve staff training and inmate classification sys- Medical and Mental Health Response tems. Future staff training curriculums should ad- 37% of PREA victims were treated by medical as a dress the differences between male and female in- result of a PREA incident. Services provided by mates and the differences between victims of in- Clinical Services or at an outside hospital included mate versus staff predators. anatomical exams, sexual assault nurse examina- Updates to the offender orientation should consider tions, treatment for physical injuries, and trace evi- if it is feasible to incorporate inmate discussion, re- dence collection. duce the class size, include live trainers, and update 65% of victims were contacted by mental health the training videos. within 30 days of a PREA report. Of those that In an effort to continuously improve the PREA staff were seen by a mental health counselor, 31% had trainings, audits of the classes and the content specific notes indicating the mental health visit was should be done regularly. The curriculum should al- directly related to the incident. so address the entire continuum of PREA incident There were, however, large amounts of missing da- types (e.g., sexual assault vs. sexual activity) and ta and therefore the above findings
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