UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS REVIEW PANEL ON PRISON RAPE HEARINGS ON SEXUAL VICTIMIZATION IN U.S. PRISONS, JAILS, AND JUVENILE CORRECTIONAL FACILITIES DIGITAL TRANSCRIPTION Wednesday, January 8, 2014 8:32 a.m. United States Department of Justice 810 7th Street, N.W. Main Conference Room, Third Floor Washington, D.C. Diversified Reporting Services, Inc. (202) 467-9200 2 PARTICIPANTS: Dr. Reginald Wilkinson, Director (Ret.), Ohio Department of Rehabilitation and Correction Mike Batista, Director, Montana Department of Corrections (via video) Dr. Allen Beck, Bureau of Justice Statistics Frederick Brown, Chief, Detention Bureau, Harris County Sheriff's Office Dr. Gary Christensen, President, Corrections Partners, Inc. Terence Clark, Warden, Philadelphia City Riverside Correctional Facility Richard Comerford, Warden, Santa Rosa Correctional Institution and Florida Department of Corrections Joshua C. Delaney, Senior Trial Attorney, Civil Rights Division, U.S. Department of Justice Robert W. Dumond, Senior Program Director, Just Detention International Ricky Foxwell, Jail Administrator, Baltimore City Detention Center Adrian Garcia, Sheriff, Detention Bureau, Harris County Sheriff's Office 3 PARTICIPANTS (Continued): Louis Giorla, Commissioner, Philadelphia Prison System Gary Gittins, Captain, Detention Services Division, Jefferson County Sheriff's Office Estéban Gonzalez, President, American Jail Association Gregg Hershberger, Secretary, Maryland Department of Public Safety and Correctional Services Leroy Kirkegard, Warden, Montana State Prison (via video) Joyce Lukima, Vice President of Services, Pennsylvania Coalition Against Rape Patricia Mundell, Chief, Detention Services Division Barry Reddish, Warden, Lawtey Correctional Institution, and Florida Department of Corrections Anne Seymour, Crime Victims' Advocate Giovanna E. Shay, Professor of Law, Western New England University School of Law Jenni Trovillion, Co-Director, National PREA Resource Center 4 C O N T E N T S PAGE INTRODUCTORY REMARKS Remarks of Reginald Wilkinson . 8 Remarks of Anne Seymour . .11 Remarks of Gary Christensen . .13 HEARINGS ON HIGH INCIDENCE PRISON FACILITIES . .16 Opening Statement of Dr. Allen Beck . .17 Panel 1: Statement of Robert W. Dumond . .43 Statement of Joyce Lukima . .59 Recess. 80 Panel 2: Statement of Mike Batista . 85 Statement of Leroy Kirkegard . 97 5 C O N T E N T S (Cont'd) PAGE Statement of Dr. Allen Beck . .117 Panel 3: Statement of Richard Comerford . .127 HEARINGS ON LOW INCIDENCE PRISON FACILITIES . .162 Panel 1: Statement of Barry Reddish . .163 Statement of Dr. Allen Beck . .169 Afternoon Session . .189 6 C O N T E N T S (Cont'd) PAGE HEARINGS ON HIGH INCIDENCE JAIL FACILITIES . 189 Panel 1: Statement of Esteban Gonzalez . 190 Statement of Giovanna E. Shay . 203 Panel 2: Statement of Louis Giorla . 238 Statement of Terence Clark . 248 Statement of Adrian Garcia . 263 Statement of Gregg Hershberger . 293 Recess. 315 7 C O N T E N T S (Cont'd) PAGE HEARINGS ON LOW INCIDENCE JAIL FACILITIES . 315 Panel 1: Statement of Patricia Mundell . 318 Statement of Dr. Allen Beck . 335 HEARINGS ON HIGH INCIDENCE PRISON FACILITIES - IMPLEMENTATION OF PREA NATIONAL STANDARDS . 342 Panel 1: Statement of Joshua Delaney . 343 Statement of Jenni Trovillion . 367 8 1 P R O C E E D I N G S 2 (8:32 a.m.) 3 INTRODUCTORY REMARKS 4 DR. WILKINSON: Thank you all for attending 5 the 2014 version of the Review Panel on Prison Rape 6 hearing, a little bit unusual for us. 7 At times over the next day and a half, we are 8 going to hear testimony from juvenile agencies, from 9 adult institutional agencies, and adult detention 10 agencies. 11 We had only done one or two at a time, and 12 this time, we are going to do all three, probably in an 13 attempt to recognize the federal resources that go into 14 making sure these hearings take place. 15 We are pleased to be here to help facilitate 16 the process of the Review Panel. 17 I'm Reggie Wilkinson, chairperson of the 18 Panel. To my right is Anne Seymour, panelist, and Dr. 19 Gary Christensen to my left. 20 The hearings have always been very important 21 to the field, not just because of the witnesses who 22 will testify, but we use that information to help 9 1 understand more about the processes that agencies use 2 to abate the problem of sexual misconduct in 3 correctional institutions throughout the United States. 4 We recognize also that a lot of work has gone 5 into making sure that agencies have the tools to abate 6 the problem. The prison rape statute now is going on 7 eleven-years old. A lot has taken place. The PREA 8 Commission has performed its work. They should be 9 proud that the standards are now duly in place; and 10 that actual hearings or actual audits are taking place 11 on the now promulgated standards. 12 In the next two days, the Panel will be 13 holding hearings on sexual victimization in prisons, 14 jails, and juvenile correctional facilities. 15 According to the Prison Rape Elimination Act 16 of 2003, or PREA, as we all affectionately know it now, 17 for each of these three general categories of 18 correctional institutions, the Panel will hold separate 19 hearings - one for institutions that have a high rate 20 of sexual victimization. One for institutions that 21 have a low rate of sexual victimization. 22 To comply with this requirement, we will be 10 1 noting that we will proceed under which hearing the 2 Panel is receiving testimony. The Panel recognizes 3 that some of the testimony it receives in one hearing 4 may address broad issues that are applicable to the 5 other hearings. 6 The Panel has also received testimony from 7 many of our witnesses, from institutions that appear at 8 the hearings, and from others. 9 I note that the Panel has accepted these 10 documents into the record. All of the witnesses will 11 be sworn in for the official record as well. 12 It has always been fascinating to me that the 13 law is entitled "Prison Rape Elimination Act," not the 14 "Prison Rate Reduction Act." We know it will be 15 difficult, if not impossible, to eliminate all sexual 16 misconduct, but it certainly would not have been the 17 right thing to do to say all you need to do is reduce 18 the prevalence of sexual misconduct in our 19 institutions; so zero tolerance should indeed be the 20 goal, whether or not it can be attained. 21 We need to make sure those high standards are 22 ones that agencies are seeking to achieve and not 11 1 something less than that. 2 We are pleased to conduct these hearings. I 3 would turn to my colleague on the right, Anne Seymour, 4 if she has some opening thoughts. 5 MS. SEYMOUR: Thanks, Dr. Wilkinson. I'm also 6 really pleased to be part of these hearings. I look 7 forward to the testimony of tomorrow and today that I 8 know is going to have a positive impact on how we as 9 individuals and institutions -- I'd like to think even 10 as a nation -- prevent and respond to the sexual 11 assault and rape of individuals that are under any form 12 of correctional supervision. 13 I would be remiss if I did not thank our 14 amazing staff for their hard work in preparing for the 15 hearings. These four inch bulletproof binders did not 16 just create themselves. I appreciate all of the work 17 you have done. 18 I want to say it's just an honor to serve with 19 Dr. Gary and Dr. Reggie on this Panel. They are the 20 best partners I could ask for. 21 I've been a national victim advocate for over 22 thirty years and most of my work has been involved in 12 1 the post-sentencing phases of cases that involve crime 2 victims and survivors. 3 I learned early on that it is one thing when 4 you lose power and control because you did something 5 bad or wrong. We call that accountability. I know 6 when you lose power and control because someone chooses 7 to hurt you, that's bad. That is the crime of rape. 8 That is what we are here to stop. 9 I know the devastating impact of rape does not 10 lessen based upon where you were sexually assaulted, 11 and I also know that we have lots of evidence-based 12 protocols in the field of victim assistance and rape 13 response that have been effective in responding to 14 victims of rape. 15 I think most important -- I know one 16 correctional officer who was sexually assaulted by an 17 inmate, and she told me the sooner you deal with 18 trauma, the sooner it's over, and I know immediate and 19 effective response to survivors goes a very long way in 20 mitigating victim trauma. 21 I'm also really proud of the victim-assistance 22 professionals who have for many years in this country 13 1 partnered with institutional and community corrections 2 to identify and compassionately address the most 3 significant needs of victims who are sexually assaulted 4 while in prison or under probation-and-parole 5 supervision. 6 Joyce Lukima is going to address that today. 7 I am really looking forward to your testimony. Thank 8 you for being here. 9 The late great Nelson Mandela once said "Where 10 you stand depends on where you sit." I think the work 11 of our Panel is to make certain that every victim of 12 rape, whether they are sitting at home or at work or in 13 a parking lot, around a college campus, even in prison 14 or jail, can stand firmly with the knowledge that 15 validation, support, and assistance are available to 16 support him or her in the aftermath of such a terrible 17 crime.