POLICY
TITLE
CHAPTER

SIGNATURE ON FILE AT FACILITY SUPPORT CENTER

Harley G. Lappin
Executive Vice President/Chief Corrections Officer
SIGNATURE ON FILE AT FACILITY SUPPORT CENTER

Steven E. Groom
Executive Vice President/General Counsel

Sexual Abuse Prevention and Response
14

POLICY
NUMBER

14-2

Page 1 of 31

EFFECTIVE DATE

SUPERSEDES DATE

NOVEMBER 3, 2014

FEBRUARY 26, 2013

FACILITY
NAME
FACILITY EFFECTIVE DATE

FACILITY SUPERSEDES DATE

	
  
	
  
14-2.1 POLICY:
CCA is committed to protecting inmates/residents from personal abuse, corporal punishment, personal
injury, disease, property damage, and harassment (ACI 4-4281). Sexual abuse in correctional
institutions is a public safety issue that can impact facility order and security. It victimizes vulnerable
inmates/residents, causes psychological trauma, can increase the spread of communicable diseases,
and can elevate the risk of violence and tension in a correctional facility. This policy provides CCA
correctional facilities with a mechanism for complying with the Prison Rape Elimination Act (PREA) and
the PREA National Standards, and reducing the occurrence of sexual abuse and harassment.
CCA has mandated zero-tolerance towards all forms of sexual abuse and sexual harassment. Such
conduct is prohibited by this policy and will not be tolerated; to include inmate/resident-oninmate/resident sexual abuse or harassment and employee-on-inmate/resident sexual abuse or
harassment. When it is learned that an inmate/resident is subject to a substantial risk of imminent
sexual abuse, immediate action shall be taken to protect the inmate/resident. It is CCA’s policy to
aggressively investigate all allegations, regardless of the source, and prosecute those who are involved
in incidents of sexual abuse. Alleged victims of sexual abuse or harassment will be provided a
supportive and protective environment. (115.11 (a), 115.62) (ACI 4-4056)
Sexual activity between inmates/residents or employees/civilians/contractors and inmates/residents,
regardless of consensual status, is strictly prohibited and subject to administrative and criminal
disciplinary sanctions (ACI 4-4281-6; 4-ALDF-4D-22-5).
14-2.2 AUTHORITY:
CCA Company Policy
14-2.3 DEFINITIONS:
Bad Faith – Acting with a dishonest belief or purpose.
Civilian – A person who is not a paid CCA employee. Such individuals may include visitors, volunteers,
interns, delivery truck drivers, or service personnel repairing equipment in the facility. This does not
include inmate/resident visitors.
Contractor – A person who provides services at the facility on a recurring basis pursuant to a
contractual agreement with CCA. Such individuals may include the contractor's employees who
manage and operate facility departments such as health and/or food services, construction workers who
are temporarily working on projects within the facility, medical professionals such as a psychiatrist or
medical doctor, contract attorneys, or consultants such as a professional librarian.
Direct Staff Supervision – Security staff are in the same room with, and within reasonable hearing
distance of, the inmate/resident.
Employee – A person employed by CCA in an approved full-time or part-time position that is designated
as such in the authorized staffing pattern. For the purposes of this policy, a paid intern may be
considered an employee.

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Exigent Circumstances – Temporary unforeseen circumstance(s) that require immediate action in order
to combat a threat to the security or institutional order of a facility.
Facility Support Center (FSC) – CCA's corporate headquarters where employees provide support and
oversight in the management and operation of the company's correction and detention facilities.
FSC PREA Committee – A committee comprised of senior operations, legal, and mental health
managers who review issues related to PREA reporting, incident response, investigation, and
prevention.
FSC PREA Coordinator – An upper-level management FSC employee designated to develop,
implement, and oversee CCA's companywide efforts to comply with the PREA National Standards and
the company's Sexual Abuse Response and Prevention Program. He/she must provide supervisory
oversight to all CCA facilities ensuring coordination in the prevention, detection, intervention,
investigation, and discipline/prosecution of sexual abuse as specified in this policy. (115.11 (b))
Gender Non-Conforming – A person whose appearance or manner does not conform to traditional
societal gender expectations.
Inmate/Resident – Any adult or juvenile, male or female, housed in a CCA facility. Inmates/residents
may also be referred to as detainees, prisoners, or offenders depending on classification and in
accordance with facility management contracts.
LGBTI – Lesbian, Gay (Homosexual), Bisexual, Transgender, and Intersex. This acronym will include
the term Gender Non-Conforming.
Intersex – A person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit
typical definitions of male or female. Intersex medical conditions are sometimes referred to as disorders
of sex development.
Miranda and Garrity Warnings – Instructions provided at the start of an interview informing the
interviewee of rights and liabilities outlined by the court decisions Miranda v. Arizona and Garrity v. New
Jersey.
PREA – The Prison Rape Elimination Act 42 USC 15601 et seq
PREA Compliance Manager – An Administrative Duty Officer-level manager appointed by the
Warden/Administrator who maintains responsibility for the facility's Sexual Abuse Response and
Prevention Program. (115.11 (c))
PREA National Standards – Part 115 of Title 28 of the Code of Federal Regulations, the Prison Rape
Elimination Act National Standards, including Subpart A, Standards for Adult Prisons and Jails
PREA Staffing Plan – An approved plan for staffing the facility in accordance with PREA guidelines
developed by the facility in conjunction with the FSC PREA Coordinator.
PREA Staffing Plan Deviation – When any position designated as part of the PREA Staffing Plan is
vacant for the period of an entire shift.	
  	
  	
  
Preponderance of the Evidence Standard – An evidentiary standard under which an allegation is
deemed substantiated if the weight of the available evidence indicates that the allegation is more likely
than not to be truthful or correct.
Qualified Health Care Professional (QHCP) – Includes physicians, physician assistants, nurse
practitioners, nurses, dentists, mental health professionals, and others who, by virtue of their education,
credentials, and experience are permitted by law within the scope of their professional practice to
evaluate and care for patients.
Qualified Mental Health Professionals (QMHP) – Includes psychiatrists, psychologists, psychiatric social
workers, psychiatric nurses and others who, by virtue of their education, credentials, and experience are
permitted by law to evaluate and care for the mental health needs of patients.

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Rape Crisis Center – An entity that provides intervention and related assistance, such as the services
specified in 42 U.S.C. 14043g(b)(2)(C), to victims of sexual assault of all ages.
SAFE/SANE Provider – A sexual assault forensic examiner (SAFE) or sexual assault nurse examiner
(SANE) is a specially trained registered nurse, physician assistant, or physician who provides
comprehensive care, and timely collection of forensic evidence and testimony in sexual assault cases.
Sexual Abuse of an Inmate, Detainee, or Resident by Another Inmate, Detainee, or Resident – Any of
the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of
violence, or is unable to consent or refuse:
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.

Penetration of the anal or genital opening of another person, however slight, by a hand, finger,
object, or other instrument; and

4.

Any other intentional touching, either directly or through the clothing, of the genitalia, anus,
groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a
physical altercation.

Sexual Abuse of an Inmate, Detainee, or Resident by an Employee, Contractor, or Civilian – Any of the
following acts, with or without consent of the inmate, detainee, or resident:
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 employee, contractor, or civilian 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 employee, contractor, or civilian 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
employee, contractor, or civilian has the intent to abuse, arouse, or gratify sexual desire;

6.

Any attempt, threat, or request by an employee, contractor, or civilian to engage in the activities
outlined above in 1-5 of this section;

7.

Any display by an employee, contractor, or civilian of his or her uncovered genitalia, buttocks, or
breast in the presence of an inmate, detainee, or resident; and

8.

Voyeurism by an employee, contractor, or civilian.

Sexual Abuse Response Team (SART) – A team comprised of four (4) or more individuals having a
primary role in responding to reported incidents of sexual abuse, victim assessment and support needs,
and ensuring policy and procedures are carried out that ensure inmate/resident safety.
Sexual Harassment – Includes any of the following acts:
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, detainee, or
resident directed toward another; and

2.

Repeated verbal comments or gestures of a sexual nature to an inmate, detainee, or resident,
by an employee, contractor or civilian, including demeaning references to gender, sexually
suggestive or derogatory comments about body or clothing, or obscene language or gestures.

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Transgender – A person whose gender identity (i.e. internal sense of feeling male or female) is different
from the person's sex at birth.
Voyeurism – An invasion of privacy of an inmate/resident by an employee, contractor, or civilian for
reasons unrelated to official duties, such as peering at an inmate/resident who is using a toilet in his or
her cell to perform bodily functions; requiring an inmate/resident to expose his or her buttocks, genitals,
or breasts; or taking images of all or part of an inmate/resident's naked body or of an inmate/resident
performing bodily functions.

14-2.4 PROCEDURES:
PROCEDURES INDEX
SECTION
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
A.

SUBJECT
Confidentiality
Hiring and Promotion
Training and Acknowledgement
Staffing
Supervision and Monitoring
External Victim Advocate and Support Services
Sexual Abuse Response Team (SART)
Inmate/Resident Screening
Inmate/Resident Orientation and Education
Housing and Program Assignments
Searches and Observation
Reporting Sexual Abuse and/or Sexual Harassment
Response Procedures
Post Investigation Review
Administrative and Criminal Investigations
Incident Classification
Inmate/Resident Notifications
Disciplinary Procedures
Post Incident Classification Procedures
Collection and Use of Data
Quality Assurance Compliance
Upgrades to Facilities and Technologies

CONFIDENTIALITY
1.

All information concerning an event of inmate/resident sexual abuse or sexual
harassment is to be treated as confidential. Apart from reporting to designated
supervisors or officials, employees shall not reveal any information related to a sexual
abuse report to anyone other than to the extent necessary, and as specified in this
policy, to make treatment, investigation, and other security and management decisions.
This information should never be shared with other inmates/residents. (115.81(d))

2.

Appropriate controls shall be implemented within the facility regarding the dissemination
of responses to questions asked pursuant to screening for risk of victimization and
abusiveness in order to ensure that sensitive information is not exploited by employees
or other inmates/residents to the inmate/resident's detriment. (115.41(i))

3.

Security and management of documentation containing PREA information will be in
accordance with CCA and/or agency policy regarding records management, records
retention, HIPAA, etc.

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B.
HIRING AND PROMOTION

14-2

Any incident of sexual harassment shall be considered in determining whether to hire or
promote any individual, or to enlist the services of any contractor, who may have contact with
inmates/residents. (115.17 (b))
1.

To the extent permitted by law, CCA will decline to hire or promote anyone who may
have contact with inmates/residents, and decline to enlist the services of any contractor,
who may have contact with inmates/residents, who:
a.

Has engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997);

b.

Has been convicted of engaging or attempting to engage in sexual activity in
the community facilitated by force, overt or implied threats of force, or coercion,
or if the victim did not consent or was unable to consent or refuse; or

c.

Has been civilly or administratively adjudicated to have engaged in the activity
as outlined above in B.1.b. (115.17 (a)(1-3))

NOTE: To the extent permitted by law, CCA may decline to hire or promote and may
terminate employment based on material omissions regarding such misconduct, or the
provision of materially false information. (115.17 (g))
2.

3.

All applicants and employees who may have direct contact with inmates/residents shall
be asked about previous misconduct, as outlined above in B.1.a.-c., in written
applications or interviews for hiring or promotions, and in any interviews or written selfevaluations conducted as part of reviews of current employees. (115.17 (f))
a.

The 14-2H Self-Declaration of Sexual Abuse/Sexual Harassment form will be
completed upon application for employment and as part of the promotional
interview process.

b.

The 14-2H Self-Declaration of Sexual Abuse/Sexual Harassment form shall
also serve as verification of an employee's fulfillment of his/her continuing
affirmative duty to disclose any sexual misconduct as described in this policy,
and as outlined above in B.1.a.-c. (115.17 (c)(1-2))

Background Records Check
a.

Before hiring new employees who may have contact with inmates/residents,
CCA shall:
i.

Perform a criminal background records check; and

ii.

Consistent with federal, state, and local law make its best effort to
contact all prior institutional employers for information on substantiated
allegations of sexual abuse or any resignation during a pending
investigation of an allegation of sexual abuse as defined by this policy.
The 3-20-2A Verification of Employment form shall be used to solicit
such prior employment information.

b.

CCA shall also perform a criminal background records check before enlisting
the services of any unescorted contractor who may have contact with
inmates/residents. (115.17 (d))

c.

CCA shall conduct criminal background records checks at least every five (5)
years of current employees and unescorted contractors who may have contact
with inmates/residents or have in place a system for otherwise capturing such
information. (115.17 (e))

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d.

C.

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14-2

Unless prohibited by law, CCA shall provide information on substantiated
allegations of sexual abuse or sexual harassment involving a former employee
upon receiving a request from an institutional employer for whom such
employee has applied to work. (115.17 (h))

TRAINING AND ACKNOWLEDGEMENT
1.

Employees
a.

All CCA facility employees shall receive training on CCA's zero-tolerance policy
for sexual abuse and sexual harassment. Such training shall be tailored to the
gender of the inmates/residents at the facility. (115.31 (b)) At a minimum, all
employees shall receive pre-service and annual in-service training on the
following: (115.31 (c)) (ACI 4-4084; 4-ALDF-7B-10)
i.

The PREA National Standards and other applicable state or local laws
imposing criminal liability for the sexual abuse of a person held in
custody;
AT THIS FACILITY, THE APPLICABLE STATE OR LOCAL LAWS
GOVERNING SEXUAL ABUSE OF PERSONS IN CUSTODY IN
ADDITION TO PREA ARE:

ii.

An employee's duty to report any occurrence of sexual harassment or
sexual abuse;

iii.

How to fulfill employee responsibilities for sexual abuse/sexual
harassment prevention, detection, reporting, and response
in
accordance with this policy;

iv.

The right of inmates/residents to be free from sexual abuse and sexual
harassment;

v.

The right of inmates/residents and employees to be free from retaliation
for reporting sexual abuse and sexual harassment;

vi.

The dynamics of sexual abuse and sexual harassment in confinement;

vii.

Locations, situations, and circumstances in which sexual abuse may
occur;

viii.

The common reactions of sexual abuse and sexual harassment
victims;

ix.

Signs of victimization;

x.

How to detect and respond to signs of threatened and actual sexual
abuse;

xi.

Signs of predatory behavior;

xii.

How to avoid inappropriate relationships with inmates/residents;

xiii.

Circumstances that may lead to inappropriate sexual contact by an
employee;

xiv.

How
to
communicate
effectively
and
professionally
with
inmates/residents, including LGBTI and Gender Non-Conforming
inmates/residents; and

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xv.

b.

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How to comply with laws relevant to mandatory reporting of sexual
abuse to outside authorities. (115.31 (a)(1-10))

Specialized Training
i.

ii.

In addition to the general training provided to all employees, security
staff shall receive training in how to conduct cross-gender pat-down
searches, and searches of transgender and intersex inmates/residents,
in a manner that is professional, respectful, and the least intrusive
possible while being consistent with security needs. (115.15 (f))
•

In addition to the general training provided to all employees
and to the extent that CCA conducts sexual abuse
investigations, investigators shall receive training in conducting
sexual abuse investigations in confinement settings. (115.34
(a)) The PREA Compliance Manager shall ensure that more
than one (1) person at the facility receives training as a sexual
abuse investigator. This will ensure that a trained investigator
is available as a back-up during employee absences (e.g.
leave, paid time off, sickness, offsite training, etc.) from work.

•

Specialized training shall include techniques for interviewing
sexual abuse victims, proper use of Miranda and Garrity
warnings, sexual abuse evidence collection in confinement
settings, and the criteria and evidence required to substantiate
a case for administrative action or prosecution referral.(115.34
(b))

•

Documentation confirming that investigators have completed
the required specialized training in conducting sexual abuse
investigations shall be maintained in accordance with CCA
Policies 1-15 Record Retention and 4-2 Maintenance of
Training Records. (115.34 (c))

In addition to the general training provided to all employees, all full and
part-time Qualified Health Care Professionals and Qualified Mental
Health Professionals, who work regularly in the facility, shall receive
specialized medical training as outlined below: (115.35 (d))
•

How to detect and assess signs of sexual abuse and sexual
harassment;

•

How to preserve physical evidence of sexual abuse;

•

How to respond effectively and professionally to victims of
sexual abuse and sexual harassment; and

•

How and to whom to report allegations of sexual abuse and
sexual harassment. (115.35 (a)(1-4))

c.

Employees transferring to a facility that houses a population whose gender is
different from their previously assigned facility shall receive additional training
specific to the population of the newly assigned facility. (115.31 (b))

d.

Employees shall be required to confirm, by either electronic or manual
signature, their understanding of the received training. Signed documentation
will be maintained in the employee's training file. (115.31 (d))

e.

The 14-2A Policy Acknowledgement form shall be completed by each
employee serving as verification of the employee's review and understanding of

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the contents of this policy. The completed forms will be maintained by the
Manager, Human Resources. A newly signed 14-2A Policy Acknowledgement
form will be required for future revisions of this policy as determined by the FSC
General Counsel or designee.
2.

D.

Civilians/Contractors
a.

All civilians/contractors who have contact with inmates/residents on a recurring
basis shall receive training on their responsibilities pertaining to sexual abuse
and sexual harassment prevention, detection, reporting, and response as
outlined in this policy. (115.32 (a))

b.

The level and type of training provided to civilians/contractors shall be based on
the services they provide and level of contact they have with inmates/residents.
All civilians/contractors who have contact with inmates/residents shall be
notified of CCA's zero-tolerance policy regarding sexual abuse and sexual
harassment and informed how to report such incidents. (115.32 (b))

c.

Civilians/contractors shall be required to confirm, by either electronic or manual
signature, their understanding of the received training. Signed documentation
will be maintained in the civilian or contractor's file. (115.32 (c))

d.

Civilians/contractors who have contact with inmates/residents on a recurring
basis shall be provided a copy of this policy prior to admission to the facility to
begin their assignment or task.

e.

The 14-2A Policy Acknowledgement form serves as verification of the civilian's
or contractor's review and understanding of the contents of this policy and shall
be completed by each civilian or contractor who has contact with
inmates/residents on a recurring basis.
The completed forms will be
maintained by the Manager, Human Resources. A newly signed 14-2A Policy
Acknowledgement form will be required for future revisions of this policy as
determined by the FSC General Counsel or designee.

STAFFING
1.

FSC will develop, in coordination with the facility, a staffing plan that provides for
adequate levels of staffing to protect inmates/residents against sexual abuse. The
location of video monitoring systems will be considered when determining adequate
levels of staffing.

2.

In calculating staffing levels and determining the need for video monitoring, the
following factors shall be take into consideration:
a.

Generally accepted detention and correctional practices;

b.

Any judicial findings of inadequacy;

c.

Any findings of inadequacy from federal investigative agencies;

d.

Any findings of inadequacy from internal or external oversight bodies;

e.

All components of the facility's physical plant (including "blind spots" or areas
where staff or inmates/residents may be isolated);

f.

The composition of the inmate/resident population;

g.

The number and placement of supervisory staff;

h.

Institutional programs occurring on a particular shift;

i.

Any applicable state or local laws, regulations, or standards;

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j.
k.

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The prevalence of substantiated and unsubstantiated incidents of sexual
abuse; and
Any other relevant factors. (115.13 (a)(1-11))

3.

The facility shall make its best effort to comply, on a regular basis, with the approved
PREA Staffing Plan and shall document and justify all deviations. (115.13 (b))
Deviations shall be documented and notification made on the 5-1B Notice to
Administration via the Incident Reporting Database (IRD).

4.

The Chief of Security is responsible for reviewing the PREA Staffing Plan in conjunction
with the daily shift roster. If a position identified on the Staffing Plan is vacated for a
shift, the Chief of Security shall notify the PREA Compliance Manager of the deviation.
The PREA Compliance Manager shall:

5.

a.

Document and describe the deviation on the 5-1B Notice to Administration via
the IRD, along with a thorough justification for the deviation; and

b.

Notify the FSC PREA Coordinator of the deviation within seven (7) calendar
days; to include a description of any corrective actions that were taken to
resolve the deviation. (115.13 (b))

Annual PREA Staffing Plan Assessment
Whenever necessary, but no less frequently than once each year, for each CCA facility,
an annual PREA staffing plan assessment will be completed.
a.

The PREA Compliance Manager will complete the 14-2I Annual PREA Staffing
Plan Assessment and forward to the Warden/Administrator for review. Upon
completion of the Warden/Administrator's review, the 14-2I Annual PREA
Staffing Plan Assessment will be forwarded to the FSC PREA Compliance
Coordinator.

b.

In consultation with the respective Business Unit Vice President, Operations,
the FSC PREA Compliance Coordinator shall assess, determine, and
document whether adjustments are needed to:

c.

E.

i.

The staffing plan established pursuant to this section;

ii.

The facility's deployment of video monitoring systems and other
monitoring technologies; and

iii.

The resources the facility has available to commit to ensure adherence
to the staffing plan. (115.13 (c)(1-3))

Any changes to policy and/or procedure, physical plant, approved capital
expenditures, video monitoring and/or technology, or staffing require the
approval of the respective Business Unit Vice President, Operations.

SUPERVISION AND MONITORING
1.

Supervision
a.

Supervisors shall conduct unannounced facility rounds to identify and deter
employee sexual abuse and sexual harassment. The occurrence of such
rounds shall be documented as an unannounced round in the applicable log
(e.g. ADO, post log, shift report, etc.). This practice shall be implemented for all
shifts and all areas where inmates/residents are permitted.

b.

Employees shall be prohibited from alerting other employees that supervisory
rounds are occurring, unless such announcement is related to the legitimate
operational functions of the facility. (115.13 (d))

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2.

F.

G.

Inmate/Resident Monitoring
a.

Inmates/residents identified during the intake screening as high risk with a
history of sexually assaultive behavior, whether it occurred in an institutional
setting or in the community, shall be offered a follow-up meeting with a medical
or mental health or other qualified professional within 14 days of the intake.
(115.81 (b)) Inmates with a history of sexually assaultive behavior will be
identified, monitored, and counseled. (ACI 4-4281-4; 4-ALDF-4D-22-3)

b.

Inmates/residents identified during the intake screening as at risk for sexual
victimization with a history of prior sexual victimization whether it occurred in an
institutional setting or the community are assessed by mental health or other
qualified professional within fourteen (14) days of the intake screening.
(115.81 (a)) Inmates at risk for sexual victimization will be identified, monitored,
and counseled. (ACI 4-4281-5; 4-ALDF-4D-22-4)

EXTERNAL VICTIM ADVOCATES AND SUPPORT SERVICES
1.

CCA shall maintain or attempt to enter into Memorandums of Understanding (MOU) or
other agreements with community service providers that are able to provide
inmates/residents with confidential emotional support services related to sexual abuse.
(115.53 (c)) Before developing or attempting to enter into an MOU, the facility shall
contact the FSC Assistant General Counsel, Vendor Contracts. CCA shall maintain
copies of agreements or documentation showing attempts to enter into such
agreements.

2.

Inmates/residents shall be provided access to outside victim advocates for emotional
support services related to sexual abuse by giving inmates/residents mailing addresses
and telephone numbers, including toll-free hotline numbers where available, of local,
state, or national victim advocacy or rape crisis organizations, and, for persons detained
solely for civil immigration purposes, immigrant services agencies. Such information
shall be included in the facility's Inmate/Resident Handbook. The facility shall enable
reasonable communication between inmates/residents and these organizations and
agencies, in as confidential a manner as possible.( 115.53 (a))

3.

Inmates/residents shall be informed, prior to giving them access, of the extent to which
such communications shall be monitored and the extent to which reports of abuse will
be forwarded to authorities in accordance with mandatory reporting laws. (115.53 (b))

4.

As requested by the victim, either the victim advocate, a qualified community-based
organization staff member, or a qualified facility staff person shall accompany and
support the victim through the forensic medical examination process and investigatory
interviews and shall provide emotional support, crisis intervention, information, and
referrals. (115.21 (e))

SEXUAL ABUSE RESPONSE TEAM (SART)
1.

Each facility will establish a SART which includes the following positions:
a.

PREA Compliance Manager;

b.

Medical representative;

c.

Security representative;

d.

Mental health representative; and

e.

Victim Services Coordinator.

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NOTE: The medical and/or mental health professional may serve as the
facility's Victim Services Coordinator. The facility Victim Services Coordinator
will not be a member of security.
2.

3.

The SART responsibilities shall include the following:
a.

Responding to reported incidents of sexual abuse;

b.

Responding to victim assessment and support needs;

c.

Ensuring policy and procedures are enforced to enhance inmate/resident
safety; and

d.

Participating in the development of practices and/or procedures that encourage
prevention of sexual abuse and enhance compliance with PREA National
Standards.

SART Member Responsibilities
a.

The PREA Compliance Manager will:
i.

Review the facility’s response to sexual abuse allegations, with the
Warden/Administrator or designee, to ensure the policy is implemented
effectively and victim needs are addressed;

ii.

Serve as a primary liaison with local law enforcement or delegate this
responsibility to the facility investigator;

iii.

Ensure the completion of the 14-2C Sexual Abuse and Sexual
Harassment Incident Check Sheet; and

iv.

Ensure that thirty/sixty/ninety (30/60/90) day monitoring is conducted
by the designated staff, following a substantiated or unsubstantiated
allegation of sexual abuse, to protect against potential retaliation
against inmates/residents or employees. This shall include periodic
status checks of inmates/residents and review of relevant
documentation. (115.67 (d))
AT THIS FACILITY, THE POSITION THAT WILL SERVE AS THE
DESIGNATED STAFF PERSON CONDUCTING THE 30/60/90 DAY
MONITORING IS:

b.

•

Monitoring shall be documented on the 14-2D, PREA
Retaliation Monitoring Report (30/60/90) form.

•

Monitoring shall continue beyond ninety (90) days if the initial
monitoring indicates a continuing need.

v.

Ensure prompt actions are taken to remedy any identified retaliation.
(115.67 (c))

vi.

Ensure any other individual who cooperates with an investigation and
expresses fear of retaliation is protected from retaliation. (115.67 (e))

The medical representative will:
i.

In cases of sexual abuse, ensure that the facility’s medical staff
respond appropriately in medically stabilizing an alleged victim before
assessment by a community medical provider, if medically indicated;
and

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ii.
c.

d.

e.

The security representative will:
i.

Ensure inmate/resident safety needs are addressed,
separating the alleged victim and perpetrator; and

ii.

Ensure employee responses to reports of sexual abuse and sexual
harassment are timely and consistent with policy.

including

The mental health representative will:
i.

Ensure the alleged victim is assessed; and

ii.

Ensure mental health needs are addressed according to policy and
local procedure.

The Victim Services Coordinator will:
i.

H.

Address any ongoing medical care needs following the incident.

Attempt to obtain the services of a victim advocate from a rape crisis
center to assist the alleged victim of sexual abuse.
•

Efforts to identify and utilize a victim advocate shall be
documented on the 14-2C Sexual Abuse and Sexual
Harassment Incident Check Sheet via the IRD.

•

In the absence of a victim advocate, the Victim Services
Coordinator will provide inmates/residents with confidential
emotional support services related to sexual abuse.

ii.

Ensure that inmates/residents are aware they may access additional
victim resources through community victim resource agencies; and

iii.

Ensure that alleged victims are informed of their rights to care and
protection from further victimization.

INMATE/RESIDENT SCREENING
1.

Initial
Upon admission to the facility, inmates/residents shall be screened by staff assigned to
perform the initial intake screening process in order to obtain information relevant to
housing, cell, work, education, and program assignments with the goal of keeping
separate those inmates/residents at high risk of being sexually victimized from those at
high risk of being sexually abusive. The screening shall identify past victims and/or
predators and assess vulnerability to sexual abuse victimization. (115.41 (a) and
(115.42 (a)) (ACI 4-4281-2)
a.

Inmates/residents shall be screened, within twenty-four (24) hours of arrival at
the facility. (115.41 (b)) (ACI 4-4281-2; 4-ALDF-4D-22-1)

b.

Screenings shall include interview questions and a review of the
inmate/resident's institutional file (or other documentation provided). Prior
convictions of this type will also be considered.

c.

Screenings will be completed and documented using the 14-2B, Sexual Abuse
Screening Tool, with referrals to Classification/Unit Staff and the Health
Services Department for further evaluation and screening as necessary, unless
the facility management contract requires otherwise. (115.41 (c))
AT THIS FACILITY, THE FOLLOWING SCREENING TOOL IS USED IN LIEU
OF THE 14-2B SEXUAL ABUSE SCREENING TOOL:

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2.

d.

All completed 14-2B forms, or agency equivalent, will be maintained in the
inmate/resident central file, with a copy forwarded to the inmate/resident's
medical record and/or, where applicable, the inmate/resident's electronic
records.

e.

Screening of inmates/residents should only be used as a guideline for
determining appropriate housing and services and should never be used as the
sole reason for the deprivation of a program or privilege.

Reassessment
A reassessment of the inmate/resident's risk level of victimization or abusiveness will be
conducted by the appropriate Case Manager or a staff member designated by the
Warden/Administrator. The reassessment shall occur:
a.

Within thirty (30) days of the inmate/resident's arrival at the facility. The
reassessment will include any additional relevant information received by the
facility since the initial intake screening; and (115.41 (f))

b.

When warranted, due to a referral, request, incident of sexual abuse, or receipt
of additional information that may impact the inmate/resident's risk of
victimization or abusiveness. (115.41 (g))

NOTE: The 14-2B Sexual Abuse Screening Tool will be used for completing the
reassessment.
3.

Inmate/Resident Refusal to Disclose
Inmates/residents may not be disciplined for refusing to answer, or for not disclosing
complete information, in response to questions asked pursuant to the following:

I.

a.

Whether the inmate/resident has a mental, physical, or developmental
disability;

b.

Whether the inmate/resident is or is perceived to be LGBTI or Gender NonConforming;

c.

Whether the inmate/resident has previously experienced sexual victimization;
or

d.

The inmate/resident's own perception of vulnerability. (115.41 (h))

INMATE/RESIDENT ORIENTATION AND EDUCATION (ACI 4-4281-1; 4-ALDF-2A-29)
1.

Upon arrival at the facility, all inmates/residents shall be provided written information
regarding sexual abuse prevention and reporting (e.g. inmate handbook, 14-2AA
Preventing Sexual Abuse brochure, etc.). (115.33 (a) and (c)) During orientation, which
is to occur within thirty (30) days of intake either in person or through video,
inmates/residents shall receive comprehensive educational information about the
following topics related to this policy:
a.

CCA's zero tolerance policy regarding sexual abuse and sexual harassment;

b.

How to safely report incidents, threats or suspicions of sexual abuse or sexual
harassment;

c.

An inmate/resident's right to be free from sexual abuse and sexual harassment
and to be free from retaliation for reporting such incidents;

d.

Availability of policies regarding sexual abuse prevention/intervention;

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e.

Inmate/resident-on-inmate/resident sexual abuse;

f.

Employee-on-inmate/resident sexual abuse;

g.

Self-protection from sexual abuse;

h.

Treatment and counseling services available (to include external victim
advocates and community support services as outlined in 14-2.4.F.); and

i.

CCA’s effort to aggressively refer sexual abusers for prosecution. (115.33 (b))

CCA prohibits discrimination based on an inmate/resident's race, religion, national
origin, sex, disability, or political views in making administrative decisions and in
providing access to programs (ACI 4-4277; 4-ALDF-6B-02).
2.

J.

Inmates/residents will be provided education in formats accessible to all
inmates/residents, including those who are limited English proficient, deaf, visually
impaired, or otherwise disabled, as well as to inmates/residents who have limited
reading skills. (115.33 (d)) (115.16 (a))
a.

In the event an inmate/resident has difficulty understanding provided
information and/or procedures outlined in this policy, employees must ensure
that such information is effectively communicated to such inmates/residents on
an individual basis. (115.16 (b))

b.

Auxiliary aids that are reasonable, effective, and appropriate to the needs of the
inmate/resident shall be provided when simple written or oral communication is
not effective. (115.16 (b))

c.

Inmates/residents will not be relied upon to provide interpretation services, act
as readers, or provide other types of communication assistance except in
limited circumstances where an extended delay in obtaining an effective
interpreter could compromise the inmate/resident's safety, the performance of
first-responder duties, or the investigation of the inmate/resident's allegations.
(115.16 (c))

3.

The facility shall maintain documentation of inmate/resident participation in educational
sessions pertaining to sexual abuse and sexual harassment. (115.33 (e))

4.

In addition to providing such education, the facility shall ensure that key information is
continuously and readily available or visible to inmates/residents through posters,
inmate handbooks, or other written formats. (115.33 (f))

HOUSING AND PROGRAM ASSIGNMENTS
1.

LGBTI and Gender Non-Conforming
a.

In deciding whether to house a transgender or intersex inmate/resident in a
male housing unit/area or a female housing unit/area, or when making other
housing and programming assignments for such inmates/residents, the facility
shall consider the transgender or intersex inmate/resident's own views with
respect to his/her own safety and shall consider (115.42 (e)) on a case-by-case
basis whether such a placement would ensure the inmate/resident's health and
safety. Consideration should also be given as to whether the placement would
present management or security problems. (115.42 (c))

b.

Placement and programming assignments for each transgender or intersex
inmate/resident shall be reassessed at least twice each year to review whether
any threats to safety were experienced by the inmate/resident. (115.42 (d))

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c.

2.

K.

The establishment of a unit or pod solely dedicated to the housing of LGBTI
and/or Gender Non-Conforming inmates/residents is strictly prohibited unless
required by consent decree, court order or other comparable legal authority.
(115.42 (g))

Segregation Housing
a.

Inmates/residents identified with a history of perpetration of rape or sexual
assault or sexual abuse in an institutional setting, documented by prior
convictions and/or prior institutional records, shall be placed into segregation
until the initial classification has been completed and the inmate/resident can
be housed in the most appropriate available setting.

b.

Inmates/residents at high risk for sexual victimization shall not be placed in
involuntary segregated housing unless an assessment of all available
alternatives has been made, and a determination has been made that there is
no available alternative means of separation from likely abusers. If a facility
cannot conduct such an assessment immediately, the facility may hold the
inmate/resident in involuntary segregated housing for less than twenty-four (24)
hours while completing the assessment. (115.43 (a))

c.

Segregated housing shall be used only until an alternative means of separation
from likely abusers can be arranged, and such an assignment shall not
ordinarily exceed a period of thirty (30) days. (115.43 (c))

d.

If involuntary segregated housing is warranted as outlined above in J.2.b.,
documentation of such action shall clearly specify:
i.

The basis for the facility’s concern for the inmate/resident's safety; and

ii.

The reason why no alternative means of separation can be arranged.
(115.43 (d)(1 and 2))

e.

Every thirty (30) days, a review of each inmate/resident's status will be
conducted to determine whether there is a continuing need for separation from
the general population. (115.43 (e))

f.

Inmates/residents placed in segregated housing for this purpose shall have
access to programs, privileges, education, and work opportunities to the extent
possible. If access to programs, privileges, education, or work opportunities is
restricted, the facility shall document the following:
i.

The opportunities that have been limited;

ii.

The duration of the limitation; and

iii.

The reasons for such limitations. (115.43 (b)(1, 2, 3))

SEARCHES AND OBSERVATION
1.

Cross-Gender
a.

Cross-gender inmate/resident strip searches shall not be conducted except in
exigent circumstances (that is, temporary unforeseen circumstances that
require immediate action in order to combat a threat to security or institutional
order) or when performed by medical practitioners. (115.15 (a))

b.

Cross-gender inmate/resident frisk/pat searches of female inmates/residents by
male employees is prohibited except in exigent circumstances (that is,
temporary unforeseen circumstances that require immediate action in order to
combat a threat to security or institutional order). (115.15 (b))

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c.

Whenever a cross-gender pat search of a female inmate/resident or crossgender strip search of any inmate/resident does occur, the search shall be
documented on the 5-1B Notice to Administration (NTA) (refer to CCA Policy 51 Incident Reporting). (115.15(c))

2.

Searches or physical examination of a transgender or intersex inmate/resident for the
sole purpose of determining the inmate/resident's genital status is prohibited. If the
inmate/resident's genital status is unknown, it may be determined during conversations
with the inmate/resident, by reviewing medical records, or, if necessary, by learning that
information as part of a broader medical examination conducted in private by a medical
practitioner. (115.15 (e))

3.

Pat and strip searches of transgender/intersex inmates/residents will be completed by a
staff member of the same sex for which the inmate/resident has been classified by the
customer/partner agency. Searches of breasts will be completed using the back and/or
side of the hand.

4.

Inmates/residents may shower, perform bodily functions, and change clothing without
non-medical staff of the opposite gender viewing their breasts, buttocks, or genitalia,
except in exigent circumstances (that is, temporary unforeseen circumstances that
require immediate action in order to combat a threat to security or institutional order) or
when such viewing is incidental to routine cell/living quarter checks. (115.15 (d))
AT THIS FACILITY, PROCEDURES FOR SHOWERING TRANSGENDER AND
INTERSEX INMATES/RESIDENTS SEPARATE FROM OTHER INMATES/
RESIDENTS ARE:

L.

5.

Employees of the opposite gender must announce their presence when entering an
inmate/resident housing unit. (115.15 (d))

6.

Transgender and intersex inmates/residents shall be given the opportunity to shower
separately from other inmates/residents. (115.42 (f))

REPORTING SEXUAL ABUSE AND/OR SEXUAL HARASSMENT
1.

Inmate/Resident Reporting
a.

Inmates/residents shall be encouraged to immediately report pressure, threats,
or instances of sexual abuse or sexual harassment, as well as possible
retaliation by other inmates/residents or employees for reporting sexual abuse
and sexual harassment, and staff neglect or violation of responsibilities that
may have contributed to such incidents. Inmates/residents who are victims of
sexual abuse have the option to report an incident to a designated employee
other than an immediate point-of-contact line officer by using any of the
following methods: (115.51 (a) and (b)) (ACI 4-4281-7; 4-ALDF-4D-22-7)
i.

Submitting a request to meet with Health Services staff and/or reporting
to a Health Services staff member during sick call;

ii.

Calling the facility's twenty-four (24) hour toll-free notification telephone
number;

iii.

Verbally telling any employee, including the facility Chaplain;

iv.

Forwarding a letter, sealed and marked “confidential”, to the
Warden/Administrator or any other employee;

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v.

Calling or writing someone outside the facility who can notify facility
staff;

vi.

Forwarding a letter to the CCA Managing Director, Facility Operations,
at the following address:
10 Burton Hills Boulevard
Nashville, TN 37215

vii.

2.

AT THIS FACILITY, ADDITIONAL INMATE/RESIDENT REPORTING
METHODS REQUIRED BY THE CONTRACTING AGENCY ARE:

b.

Inmates/residents detained solely for civil immigration purposes shall be
provided information on how to contact relevant consular officials and relevant
officials at the Department of Homeland Security. (115.51 (b))

c.

Unless otherwise mandated by contract, alleged PREA incidents will not
be processed through the facility's inmate/resident grievance process.
Should a report be submitted and received as an inmate/resident
grievance, whether inadvertently or due to contracting agency
requirements, it will immediately be referred to the facility Investigator or
Administrative Duty Officer.

Employee Reporting Duties
Employees must take all allegations of sexual abuse seriously, including verbal,
anonymous, and third-party reports, and treat them as if the allegation is credible. Staff
shall promptly document any verbal reports. (115.51 (c)) All reports of sexual abuse and
sexual harassment will be reported to the facility investigator. (115.61 (e)) Employees
having contact with the alleged victim should behave in a manner that is sensitive,
supportive, and non-judgmental.
a.

All employees are required to immediately report:
i.

Any knowledge, suspicion, or information regarding an incident of
sexual abuse or sexual harassment that occurred in the facility in
accordance with this policy, whether or not the area is under CCA's
management authority;

ii.

Retaliation against inmates/residents or employees who have reported
such an incident; and

iii.

Any employee neglect or violation of responsibilities that may have
contributed to an incident or retaliation. (115.61 (a))

b.

Employees who fail to report allegations may be subject to disciplinary action.

c.

Apart from reporting to designated supervisors or officials, employees shall not
reveal any information related to a sexual abuse report to anyone other than to
the extent necessary, and as specified in this policy, to make treatment,
investigation, and other security and management decisions. (115.61 (b))
When it is learned that an inmate/resident is subject to a substantial risk
of imminent sexual abuse, immediate action shall be taken to protect the
inmate/resident.

d.

Employees may privately report sexual abuse and sexual harassment of
inmates/residents by forwarding a letter, sealed and marked “confidential”, to
the Warden/Administrator. (115.51 (d))

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e.

Unless otherwise precluded by federal, state, or local law, medical and mental
health professionals shall be required to follow reporting procedures as outlined
above in L.2.a. At the initiation of providing medical care, both medical and
mental health professionals will inform inmates/residents of their professional
duty to report and the limitations of confidentiality. (115.61 (c)) Medical and
mental health practitioners shall obtain informed consent from
inmates/residents before reporting information about prior sexual victimization
that did not occur in an institutional setting, unless the inmate/resident is under
the age of 18. (115.81 (e))

f.

If the alleged victim is under the age of eighteen (18) or considered a
vulnerable adult under a state or local vulnerable person's statute, the
allegation shall be reported to the designated state or local services agency
under applicable mandatory reporting laws. (115.61 (d))
AT THIS FACILITY, THE DESIGNATED
REPORTING AGENCY(IES) ARE:

3.

STATE

AND/OR

LOCAL

Anonymous Reporting
Each facility shall provide at least one way for inmates/residents to report abuse or
harassment to a public or private entity or office that is not part of CCA, and that is able
to receive and immediately forward inmate/resident reports of sexual abuse and sexual
harassment to facility officials, allowing the inmate/resident to remain anonymous upon
request. (115.51 (b))
AT THIS FACILITY, THE FOLLOWING ANONYMOUS REPORTING MECHANISM
AND PROCESS HAS BEEN ESTABLISHED:

4.

Third Party Reporting
Each facility shall establish a method to receive third-party reports of sexual abuse and
sexual harassment and shall post this information on the facility PREA link. (115.54)

M.

RESPONSE PROCEDURES
1.

Any employee who discovers or learns of sexual abuse, or an allegation of sexual
abuse, shall ensure that the following actions are accomplished:
a.

The alleged victim is kept safe, has no contact with the alleged perpetrator, and
is immediately escorted to the Health Services Department. (115.64 (a) (1))
i.

The Health Services Department is responsible for medical stabilization
and assessment of the victim until transported to an outside medical
provider, if medically indicated, for collection of evidence and any
necessary medical treatment. CCA will request, in writing, that the
examination be performed by a Sexual Assault Forensic Examiner
(SAFE) or Sexual Assault Nurse Examiner (SANE). If a SAFE or
SANE provider is not available, the examination may be performed by
other qualified medical practitioners. (ACI 4-4406; 4-ALDF-22-6)
•

The Health Services Department shall provide services in
accordance with CCA Policy 13-79 Sexual Assault Response,
unless otherwise mandated by contract. (ACI 4-4406; 4-ALDF22-6)

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AT THIS FACILITY, THE FOLLOWING CONTRACTUALLYREQUIRED POLICY IS USED IN LIEU OF CCA POLICY 1379:

ii.

2.

b.

The highest ranking authority onsite is immediately notified and will further
ensure to protect the safety of the victim and the integrity of the crime scene
and any investigation. (115.54 (a)(2))

c.

When the alleged perpetrator is an inmate/resident, he/she is secured in a
single cell (if available) in the event evidence collection is required.

d.

All acquired information concerning the allegation is kept confidential by
discussing the information with only those employees who have a direct need
to know.

e.

If the first staff responder is not a security staff member, the responder shall be
required to request that the alleged victim not take any actions that could
destroy physical evidence, and notify security staff. (115.64 (b))

f.

An incident statement is written in accordance with CCA Policy 5-1 Incident
Reporting.

Upon notification of alleged sexual abuse, the highest ranking authority onsite shall
ensure that the following actions are accomplished:
a.

When the alleged perpetrator is an inmate/resident, in order to preserve any
evidence, the alleged perpetrator is not allowed to wash, shower, brush his/her
teeth, use the restroom facilities, change clothes, or eat and drink while
secured in segregation in a single cell (if available). (115.64 (a)(4))

b.

The PREA Compliance Manager and the Warden/Administrator or ADO are
immediately notified of the allegation.

c.

While in the Health Services Department, a brief statement is obtained from the
alleged victim concerning the incident.
i.

d.
3.

While in the Health Services Department, employees shall, to the best
of their ability, ensure that the victim does not wash, shower, remove
clothing without medical supervision, use the restroom facilities, eat,
drink or brush his/her teeth. (115.64 (a)(3))

Based upon the alleged victim’s statement regarding the location and
time of the incident, ensure any crime scene is preserved. These
actions shall include the following:
•

Sealing access to the immediate area of the scene, if possible;

•

Photographing the scene and visible evidence at the scene
(e.g. tissue or blood); and

•

Securing any available recorded video footage of the affected
area.

In cases of alleged sexual harassment, an escort to the Health Services
Department for examination is not required.

If the allegation involves events that took place while the alleged victim was not in CCA
custody (e.g. while housed at another provider's facility), the following actions shall be
taken:

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4.

a.

The Warden/Administrator that received the allegation shall contact the facility
head or appropriate office of the facility where the alleged abuse took place as
soon as possible, but no later than seventy-two (72) hours after receiving the
allegation. (115.63 (a)(b))

b.

Determine whether the allegation was reported and investigated.
i.

If the allegation was reported and investigated by the appropriate
officials, the facility shall document the allegation, the name and title of
the person contacted, and that the allegation has already been
addressed. Under this circumstance, further investigation and
notification need not occur.

ii.

If the allegation was not reported or not investigated, a copy of the
statement of the inmate/resident shall be forwarded to the appropriate
official at the location where the incident was reported to have
occurred.

c.

All such contacts and notifications shall be documented on the 5-1B Notice to
Administration; including the allegation, any details learned from contact with
the site where the alleged abuse took place, and the facility's response to the
allegation. (115.63 (c))

d.

If an allegation is received from another facility, the Warden/Administrator will
ensure the allegation is investigated. (115.63 (d))

The PREA Compliance Manager, Warden/Administrator, or Administrative Duty Officer
will ensure that the following is completed:
a.

The PREA Compliance Manager, Warden/Administrator or designee shall
immediately report all allegations of rape, sexual assault, or employee on
inmate/resident sexual misconduct to state or local law enforcement agencies
for criminal investigation if the allegation (if proven true) would be considered a
criminal act under federal, state, or local law. The reporting party should
request guidance from the law enforcement agency(ies) in preserving the crime
scene and coordinating an investigation.
AT THIS FACILITY, SUCH ALLEGATIONS ARE REPORTED TO THE
FOLLOWING LAW ENFORCEMENT/GOVERNMENTAL ENTITY:

b.

Ensure the alleged perpetrator is secured in segregation in a single cell (when
possible) pending an investigation into the allegation. Ensure the alleged victim
is separated/isolated from the alleged perpetrator until completion of the
investigation.

c.

If the allegation involves an employee, ensure steps are taken to place this
person in a non-inmate/resident contact role.

d.

Notify the applicable contracting governmental correctional agency.

e.

Ensure that medical and mental health referrals are completed (when
appropriate).

f.

Ensure that an investigation is initiated and documented; however,
investigations into allegations of sexual abuse must be investigated by an
employee who has received training in the investigation of sexual abuse cases.

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5.

N.

g.

Ensure appropriate incident reports are completed in accordance with CCA
Policy 5-1 Incident Reporting.

h.

Review any video recordings of the alleged crime scene from the time period
implicated by the allegation. Ensure all video recordings are secured and
preserved from the time period implicated by the allegation.

A preliminary review of the incident and the facility’s response shall be conducted fortyeight (48) to seventy-two (72) hours following a reportable PREA incident. The review
will be convened by the FSC Managing Director, Operations, responsible for the facility.
a.

Participants will include the facility PREA Compliance Manager,
Warden/Administrator, facility Investigator, FSC Managing Director, and/or the
FSC PREA Coordinator, and FSC PREA committee members, as available.

b.

At a minimum, the review shall include:
i.

Discussion of the incident, and whether the incident response meets
applicable standards;

ii.

Appropriate categorization of the incident report;

iii.

Completion of required notifications;

iv.

A request for law enforcement involvement (if appropriate); and

v.

Whether employee actions or failures to act contributed to the sexual
abuse.

POST INVESTIGATION REVIEW
1.

2.

3.

The Warden/Administrator will ensure that a post investigation review of a sexual abuse
incident is conducted at the conclusion of every sexual abuse investigation, unless the
allegation has been determined to be unfounded. (115.86 (a))
a.

In addition to the Warden/Administrator, the incident review team shall include
upper-level facility management and the facility SART, with input from line
supervisors, investigators, and medical or mental health practitioners. (115.86
(c))

b.

Such review shall ordinarily occur within thirty (30) days of the conclusion of the
investigation. (115.86 (b))

The review team shall:
a.

Consider whether the allegation or investigation indicates a need to change
policy or practice to better prevent, detect, or respond to sexual abuse;

b.

Consider whether the incident or allegation was motivated by race; ethnicity;
gender identity; LGBTI and/or Gender Non-Conforming identification, status, or
perceived status; or gang affiliation; or was motivated or otherwise caused by
other group dynamics at the facility;

c.

Examine the area in the facility where the incident allegedly occurred to assess
whether physical barriers in the area may enable abuse;

d.

Assess the adequacy of staffing levels in that area during different shifts; and

e.

Assess whether monitoring technology should be deployed or augmented to
supplement supervision by staff. (115.86 (d)(1-5))

All findings and recommendations for improvement will be documented on the 14-2F
Sexual Abuse Incident Review Report. Completed 14-2F forms will be forwarded to the

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Warden/Administrator, the PREA Compliance Manager, and the FSC PREA
Compliance Coordinator. (115.86 (d)(6))
4.
O.

The facility shall implement the recommendations for improvement or shall document
reasons for not doing so. (115.86 (e))

ADMINISTRATIVE AND CRIMINAL INVESTIGATIONS
The Warden/Administrator shall ensure that an administrative investigation and a referral for a
criminal investigation, where appropriate, are completed for all allegations of sexual abuse and
sexual harassment. (115.22 (a)) (ACI 4-4281-3; 4-ALDF-4D-22-2)
1.

Administrative Investigation
The administrative investigation shall include an effort to determine whether staff
actions or failures to act contributed to the abuse. Such investigations shall be
documented on the 5-1G Incident Investigation Report via the IRD and shall detail the
following components: (115.71 (f)(1))

2.

a.

Investigative facts (i.e. specific details about what actually happened);

b.

Physical evidence (e.g. clothes collected, medical evidence, etc.);

c.

Testimonial evidence (e.g. witness statements);

d.

Reasoning behind credibility assessments (i.e. why is the person deemed
credible or not credible. Credibility shall be assessed on an individual basis
and shall not be determined by the person's status as an inmate/resident or
employee.); (115.71 (f)(2))

e.

Investigative findings (i.e. discovery or outcome of the investigation); and

f.

Whether actions and/or failures of staff to act contributed to the incident,
including an explanation as to what determined the conclusion.

Roles within a Criminal Investigation
a.

Whenever feasible, the facility shall enter into a written Memorandum of
Understanding (MOU) with the outside investigating agency or entity outlining
the roles and responsibilities of both the facility and the investigating entity in
performing sexual abuse investigations. Before developing or attempting to
enter into an MOU, the facility shall contact the FSC Assistant General
Counsel, Vendor Contracts. CCA shall maintain copies of agreements or
documentation showing attempts to enter into such agreements.
i.

When outside agencies investigate sexual abuse, the facility shall
cooperate with outside investigators and shall endeavor to remain
informed about the progress of the investigation. (115.71 (l))

b.

The facility investigator, as delegated by the PREA Compliance Manager
and/or Warden/Administrator, shall establish a relationship with local law
enforcement agencies and prosecutors to develop a clear understanding of the
investigative guidelines and procedures during a criminal investigation of an
alleged sexual abuse incident.

c.

Discussions with state or local law enforcement should articulate a delineation
of roles of the facility investigator and the law enforcement investigator.

d.

Facility employees will assist the state or local law enforcement by preserving
the integrity of the evidence so that cases are not lost based on lack of
evidence, improper technique, and/or lack of credibility.

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3.

4.

Contracting Governmental Agencies with Required Internal Investigation Processes
a.

If the contracting governmental correctional agency utilizes an internal
investigative process required by contract, law, or regulation, that agency's
investigative process will be invoked for allegations of sexual abuse.

b.

AT
THIS
FACILITY,
ADDITIONAL
CONTRACTING
AGENCY
REQUIREMENTS PERTAINING TO THE INVESTIGATION OF RAPE,
SEXUAL ASSAULT, OR EMPLOYEE ON INMATE/RESIDENT SEXUAL
MISCONDUCT ARE:

Responsibilities of the Investigating Entity
Investigations conducted by a facility employee for allegations of sexual abuse will be
handled in accordance with the Code of Federal Regulations, Title 28, Part 115.21,
Evidence Protocol and Forensic Medical Examinations, as outlined below. If the facility
is not responsible for investigating such allegations, the facility shall request that the
responsible outside agency or entity (i.e. state or local law enforcement, contracting
agency, etc.) comply with these requirements. (115.21 (f))
a.

The investigating entity shall follow a uniform evidence protocol that maximizes
the potential for obtaining usable physical evidence for administrative
proceedings and criminal prosecutions. (115.21 (a))

b.

The protocol shall be developmentally appropriate for youth where applicable,
and, as appropriate, shall be adapted from or otherwise based on the most
recent edition of the Department of Justice’s Office on Violence Against Women
publication, “A National Protocol for Sexual Assault Medical Forensic
Examinations, Adults/Adolescents,” or similarly comprehensive and
authoritative protocols developed after 2011. (115.21 (b))

c.

The investigating entity shall offer all victims of sexual abuse access to forensic
medical examinations, whether onsite or at an outside facility, without financial
cost, where evidentiarily or medically appropriate. Such examinations shall be
performed by a SAFE or SANE where possible. If SAFEs or SANEs cannot be
made available, the examination can be performed by other qualified medical
practitioners. The investigating entity shall document its efforts to provide
SAFEs or SANEs. (115.21 (c))

d.

The investigating entity shall attempt to make available to the victim a victim
advocate from a rape crisis center. The investigating entity may utilize a rape
crisis center that is part of a governmental unit as long as the center is not part
of the criminal justice system (such as a law enforcement agency) and offers a
comparable level of confidentiality as a non-governmental entity that provides
similar victim services. (115.21 (d))

e.

i.

If a rape crisis center is not available to provide victim advocate
services, the investigating entity shall make available a qualified staff
member from a community-based organization, or a qualified
investigating entity staff member, to provide these services.

ii.

The investigating entity shall document efforts to secure services from
rape crisis centers.

As requested by the victim, either the victim advocate, a qualified investigating
entity staff member, or qualified community-based organization staff member
shall accompany and support the victim through the forensic medical

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examination process and investigatory interviews and shall provide emotional
support, crisis intervention, information, and referrals. (115.21 (e))
5.

P.

In any sexual abuse or sexual harassment investigation in which the facility is the
primary investigating entity, the facility shall utilize a preponderance of the evidence
standard for determining whether sexual abuse or sexual harassment has taken place.
(115.72)

INCIDENT CLASSIFICATION
All allegations of sexual abuse shall be reported in accordance with CCA Policy 5-1 Incident
Reporting.
1.

Incident Classification
a.

b.

Q.

Following completion of the investigation, the allegation will be classified as
follows:
i.

Substantiated – An incident shall be classified as substantiated if the
results of the investigation determine that the allegation did occur.

ii.

Unsubstantiated – An incident shall be classified as unsubstantiated if
the results of the investigation determine that the evidence was
insufficient to make a final determination of whether or not the
allegation occurred.

iii.

Unfounded – An incident shall be classified as unfounded if the results
of the investigation determine the allegation did not occur.

The Warden/Administrator will determine the appropriate classification of the
incident and ensure that the 5-1E PREA Reporting form (refer to CCA Policy 51 Incident Reporting) is completed and maintained with the incident packet.

INMATE/RESIDENT NOTIFICATIONS
1.

Following an investigation into an inmate/resident's allegation that he/she suffered
sexual abuse at the facility, the inmate/resident shall be informed as to whether the
allegation has been determined to be substantiated, unsubstantiated or unfounded. If
the facility did not conduct the investigation, the relevant information shall be requested
from the outside investigating agency or entity in order to inform the inmate/resident.
(115.73 (a)(b))

2.

Following an inmate/resident's allegation that an employee has committed sexual
abuse against the inmate/resident, the facility shall subsequently inform the
inmate/resident (unless the facility has determined that the allegation is unfounded)
whenever:

3.

a.

The employee is no longer posted within the inmate/resident's unit as a result of
the findings of the investigation;

b.

The employee is no longer employed at the facility as a result of the allegation;

c.

The facility learns that the employee has been indicted on a charge related to
sexual abuse within the facility; or

d.

The facility learns that the employee has been convicted on a charge related to
sexual abuse within the facility. (115.73 (c)(1-4))

Following an inmate/resident's allegation that he/she has been sexually abused by
another inmate/resident, the facility shall subsequently inform the alleged victim
whenever:

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R.

a.

The facility learns that the alleged abuser has been indicted on a charge related
to sexual abuse within the facility; or

b.

The facility learns that the alleged abuser has been convicted on a charge
related to sexual abuse within the facility. (115.73 (d)(1, 2))

4.

All inmate/resident notifications or attempted notifications shall be documented on the
14-2E Inmate Allegation Status Notification. The inmate/resident shall sign the 14-2E
Inmate Allegation Status Notification, verifying that such notification has been received.
The signed 14-2E Inmate Allegation Status Notification shall be filed in the
inmate/resident's institutional file. (115.73 (e))

5.

The facility's obligation to notify the inmate/resident as outlined in this section shall
terminate if the inmate/resident is released from CCA's custody. (115.73 (f))

DISCIPLINARY PROCEDURES
1.

Inmates/Residents
a.

b.

c.

Substantiated Incidents
i.

All inmates/residents found guilty of sexual abuse shall be institutionally
disciplined in accordance with the facility disciplinary procedures.
(115.78 (a))

ii.

Because the burden of proof is substantially easier to prove in an
inmate/resident’s disciplinary case than in a criminal prosecution, an
inmate/resident may be institutionally disciplined even though law
enforcement officials decline to prosecute.

iii.

Sanctions shall be commensurate with the nature and circumstances of
the abuse committed, the inmate/resident's disciplinary history, and the
sanctions imposed for comparable offenses by other inmates/residents
with similar histories. (115.78 (b))

iv.

The disciplinary process shall consider whether an inmate/resident's
mental disabilities or mental illness contributed to his/her behavior
when determining what type of sanction, if any, should be imposed.
(115.78 (c))

v.

An inmate/resident may be disciplined for sexual conduct with an
employee only upon a finding that the employee did not consent to
such contact. (115.78 (e))

Deliberate False Allegations
i.

Inmates/residents who deliberately allege false claims of sexual abuse
can be disciplined.

ii.

The Warden/Administrator or designee should contact law enforcement
to determine if a deliberately false accusation may be referred for
prosecution.

Disciplinary Sanctions
If the facility offers therapy, counseling, or other interventions designed to
address and correct underlying reasons or motivations for the abuse, the facility
shall consider whether to require the alleged perpetrator to participate in such
interventions as a condition of access to programming or other benefits.
(115.78 (d))

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AT THIS FACILITY, THE FOLLOWING INTERVENTIONS
AVAILABLE TO THE ALLEGED PERPETRATOR:

2.

3.

MAY

BE

Employees
a.

Employees shall be subject to disciplinary sanctions up to and including
termination for violating CCA's sexual abuse or sexual harassment policies.
Termination shall be the presumptive disciplinary sanction for employees who
have engaged in sexual abuse. (115.76 (a)(b))

b.

Disciplinary sanctions for violations of CCA policies relating to sexual abuse or
sexual harassment (other than actually engaging in sexual abuse) shall be
commensurate with the nature and circumstances of the acts committed, the
employee’s disciplinary history, and the sanctions imposed for comparable
offenses by other employees with similar histories. (115.76 (c))

c.

All terminations for violations of CCA sexual abuse or sexual harassment
policies, or resignations by employees who would have been terminated if not
for their resignation, shall be reported to law enforcement agencies, unless the
activity was clearly not criminal, and to any relevant licensing bodies. (115.76
(d))

d.

Neither CCA nor any other entity responsible for collective bargaining on CCA’s
behalf shall enter into or renew any collective bargaining agreement or other
agreement that limits the company’s ability to remove alleged employee sexual
abusers from contact with any inmates/residents pending the outcome of an
investigation or of a determination of whether and to what extent discipline is
warranted. Nothing in this requirement shall restrict the entering into or renewal
of agreements that govern: (115.66 (a))
i.

The conduct of the disciplinary process, as long as such agreements
are not inconsistent with the provisions outlined above in R.2.a-c. and a
preponderance of the evidence in determining whether sexual abuse or
sexual harassment are substantiated.

ii.

Whether a no-contact assignment that is imposed pending the outcome
of an investigation shall be expunged from or retained in the
employee’s personnel file following a determination that the allegation
of sexual abuse is not substantiated. (115.66 (b)(1, 2))

Civilians/Contractors
Any civilian or contractor who engages in sexual abuse shall be prohibited from contact
with inmates/residents and shall be reported to law enforcement agencies and to any
relevant licensing body. Any other violation of CCA sexual abuse or sexual harassment
policies by a civilian or contractor will result in further prohibitions. (115.77 (a)(b))

S.

T.

POST INCIDENT CLASSIFICATION PROCEDURES
1.

Once the investigation is complete, the necessity of filing any inmate/resident
“incompatible” or “keep separate” notices between the victim and perpetrator will be
evaluated, such that the victim and perpetrator or potential perpetrator are kept
separate while housed at the CCA facility or recommend a transfer to another facility.

2.

The predatory inmate/resident shall be reclassified in accordance with the applicable
classification procedures.

COLLECTION AND USE OF DATA

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1.

Internal
All case records associated with claims of sexual abuse, including incident reports,
investigative reports, inmate/resident information, case disposition, medical and
counseling evaluation findings, and recommendations for post-release treatment and/or
counseling shall be retained in accordance with CCA Policy 1-15 Retention of Records.
(115.87 (d)) (ACI 4-4281-8; 4-ALDF-4D-22-8)
a.

2.

3.

Allegation Tracking
i.

Each facility will ensure that incidents of sexual abuse are entered into
the IRD as required by CCA Policy 5-1 Incident Reporting and 14-2BB
PREA 5-1 IRD Incident Reporting Definitions. (115.87 (a))

ii.

At least annually, CCA shall aggregate the incident-based sexual
abuse data. (115.87 (b))

iii.

The aggregated data will, at a minimum, include all categories of data
necessary to respond to the Survey of Sexual Violence as directed by
the Department of Justice. (115.87 (c))

iv.

Data collected for this purpose shall be securely stored and retained in
accordance with CCA Policy 1-15 Retention of Records. (115.89 (a))

External
a.

Upon request, CCA shall provide all data as outlined above in T.1.a.ii.-iii. from
the previous calendar year to the Department of Justice no later than June 30.
(115.87 (f))

b.

Any requests for information from an outside agency or entity (excluding the
contracting governmental correctional agency) regarding incidents of sexual
abuse/harassment shall be forwarded to and reviewed by the FSC General
Counsel or designee, and the FSC PREA Coordinator, prior to sending the
response to the requesting entity.

c.

Public Access
i.

The FSC PREA Coordinator shall make all aggregated sexual abuse
data available to the public at least annually through the CCA website.
(115.89 (b))

ii.

Before making aggregated sexual abuse data publicly available, CCA
shall remove all personal identifiers. (115.89 (c))

Data Review
a.

b.

The FSC PREA Coordinator shall review all aggregated sexual abuse data
collected in order to assess and improve the effectiveness of its sexual abuse
prevention, detection, and response policies, practices, and training, to include:
i.

Identifying problem areas;

ii.

Taking corrective action on an ongoing basis; and

iii.

Preparing an annual report of findings and corrective actions for each
facility, as well as CCA as a whole. (115.88 (a)(1-3))

Such report shall include a comparison of the current year’s data and corrective
actions with those from prior years and shall provide an assessment of CCA’s
progress in addressing sexual abuse. (115.88 (b))

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U.

c.

CCA’s report shall be approved by the company's Chief Corrections Officer and
made readily available to the public through the CCA website. (115.88 (c))

d.

Specific material may be redacted from the reports when publication would
present a clear and specific threat to the safety and security of a facility, but the
nature of the material redacted must be indicated. (115.88 (d))

QUALITY ASSURANCE COMPLIANCE
1.

Internal Audits
The FSC Quality Assurance Department shall conduct an annual audit of all CCA
facilities to ensure compliance with CCA policy, the PREA National Standards, and
federal law and regulations.

2.

External Audits
An external audit of all CCA facilities shall be conducted every three (3) years to ensure
compliance with this policy, the PREA National Standards, and federal law and
regulations. The FSC Quality Assurance Department will coordinate all such external
audits in conjunction with the FSC PREA Compliance Coordinator, to include all
aspects of the audit process as outlined in this section.
a.

b.

c.

The external audit shall be conducted by any of the following:
i.

A member of a correctional monitoring body that is not part of, or under
the authority of, CCA (but may be part of, or authorized by, the relevant
state or local government);

ii.

A member of an auditing entity such as an inspector general’s or
ombudsperson’s office that is external to CCA; or

iii.

Other outside individuals with relevant experience.

External Auditor Qualifications
i.

All auditors shall be certified by the Department of Justice. The
Department of Justice shall develop and issue procedures regarding
the certification process, which shall include training requirements.

ii.

Each audit shall include a certification by the auditor that no conflict of
interest exists with respect to his/her ability to conduct an audit of CCA.

iii.

No audit may be conducted by an auditor who has received financial
compensation from CCA (except for compensation received for
conducting prior PREA National Standards audits) within the three (3)
years prior to CCA’s retention of the auditor.

iv.

CCA will not employ, contract with, or otherwise financially compensate
the auditor for three (3) years subsequent to the company’s retention of
the auditor, with the exception of contracting for subsequent PREA
National Standards audits.

The Audit Process
i.

The auditor shall review all relevant company-wide policies,
procedures, reports, internal and external audits, and accreditations for
each facility type.

ii.

The audits shall review, at a minimum, a sampling of relevant
documents and other records and information for the most recent one
(1) year period.

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d.

e.

iii.

The auditor shall have access to, and shall observe, all areas of the
audited facilities.

iv.

The auditor shall be permitted to request and receive copies of any
relevant documents (including electronically-stored information).

v.

The auditor shall retain and preserve all documentation (including, e.g.
video tapes and interview notes) relied upon in making audit
determinations. Such documentation shall be provided to the
Department of Justice upon request.

vi.

The auditor shall review a sampling of any available videotapes and
other electronically available data (e.g. Watchtour) that may be relevant
to the provisions being audited.

vii.

The auditor shall interview a representative sample
inmates/residents and employees (to include supervisory staff).

viii.

The auditor shall be permitted to conduct private interviews with
inmates/residents.

ix.

Inmates/residents shall be permitted to send confidential information or
correspondence to the auditor in the same manner as if they were
communicating with legal counsel.

x.

Auditors shall attempt to communicate with community-based or victim
advocates who may have insight into relevant conditions in the facility.

of

Audit Report and Findings
i.

Audit reports shall state whether company-wide policies
procedures comply with relevant PREA National Standards.

and

ii.

For each PREA National Standard, the auditor shall determine whether
the audited facility reaches one of the following findings:
•

Exceeds Standard (substantially exceeds requirement of the
standard);

•

Meets Standard (substantial compliance; complies in all
material ways with the standard for the relevant review period);
or

•

Does Not Meet Standard (requires corrective action).

iii.

The audit summary shall indicate, among other things, the number of
provisions the facility has achieved at each grade level.

iv.

Audit reports shall describe the methodology, sampling sizes, and
basis for the auditor’s conclusions with regard to each standard
provision for each audited facility, and shall include recommendations
for any required corrective action.

v.

Auditors shall redact any personally identifiable inmate/resident or
employee information from their reports, but shall provide such
information to CCA upon request, and may provide such information to
the Department of Justice.

vi.

CCA will ensure that the auditor’s final report is published on CCA's
website in order to be readily available to the public.

Audit Corrective Action Plan

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f.

V.

i.

A finding of “Does Not Meet Standard” with one or more standards
shall trigger a one-hundred-eighty (180) day corrective action period.
The auditor and CCA shall jointly develop the corrective action plan to
achieve compliance.

ii.

The auditor shall take necessary and appropriate steps to verify
implementation of the corrective action plan, such as reviewing
updated policies and procedures or re-inspecting portions of a facility.

iii.

After the one-hundred-eighty (180) day corrective action period ends,
the auditor shall issue a final determination as to whether the facility
has achieved compliance with those standards requiring corrective
action.

iv.

If compliance with each standard is not achieved, the FSC PREA
Compliance Coordinator may request a subsequent audit (at its
discretion and cost) once it is believed that compliance has been
achieved.

Audit Appeals
i.

An appeal may be filed with the Department of Justice regarding any
specific audit finding believed to be incorrect. Such appeal must be
filed within ninety (90) days of the auditor’s final determination.

ii.

If the Department of Justice determines that there is good cause for a
re-evaluation, CCA may commission a re-audit by an auditor mutually
agreed upon by the Department of Justice and CCA. CCA shall bear
the costs of this re-audit.

iii.

The findings of the re-audit shall be considered final.

UPGRADES TO FACILITIES AND TECHNOLOGIES
1.

When designing or acquiring any new facility and in planning any substantial expansion
or modification of existing facilities, CCA will consider the effect of the design,
acquisition, expansion, or modification on the company's ability to protect
inmates/residents from sexual abuse. Such considerations shall be documented on
form 7-1B PREA Physical Plant Considerations. (115.18 (a))

2.

When installing or updating a video monitoring system, electronic surveillance system,
or other monitoring technology, CCA will consider how such technology may enhance
the ability to protect inmates/residents from sexual abuse. Such considerations shall be
documented on form 7-1B PREA Physical Plant Considerations. (115.18 (b))

14-2.5 REVIEW:
This policy will be reviewed by the General Counsel or qualified designee on an annual basis.
14-2.6 APPLICABILITY:
All CCA Facilities
14-2.7 APPENDICES:
14-2AA

Preventing Sexual Abuse and Misconduct Brochure (English and Spanish)

14-2BB

PREA 5-1 IRD Incident Reporting Definitions

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14-2.8 ATTACHMENTS:

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14-2

14-2A

Policy Acknowledgement

14-2B

Sexual Abuse Screening Tool

14-2C

Sexual Abuse Incident Check Sheet

14-2D

PREA Retaliation Monitoring Report (30/60/90)

14-2E

Inmate/Resident Allegation Status Notification

14-2F

Sexual Abuse Incident Review Report

14-2G

PREA Physical Plant Considerations [MOVED TO CCA POLICY 7-1 RECORD
DRAWINGS AND ALTERATIONS/ADDITIONS AS FORM 7-1B PREA PHYSICAL PLANT
CONSIDERATIONS]

14-2H

Self-Declaration of Sexual Abuse/Sexual Harassment

14-2I

Annual PREA Staffing Plan Assessment

3-20-2A

Verification of Employment

5-1B

Notice to Administration

5-1E

PREA Reporting

AT THIS FACILITY, THE FOLLOWING ADDITIONAL FORMS ARE UTILIZED:

14-2.9 REFERENCES:
CCA Policy 1-15
CCA Policy 5-1
CCA Policy 7-1
CCA Policy 13-79
PREA National Standards – Title 28 of the Code of Federal Regulations, Part 115
Bureau of Justice Statistics (BJS) Survey of Sexual Violence (SSV)
ACA Standards:
ACI 4-4056
ACI 4-4084
ACI 4-4277
ACI 4-4281 through 4-4281-8
ACI 4-4406
4-ALDF-2A-29
4-ALDF-4D-22-1 through 8
4-ALDF-6B-02
4-ALDF-7B-10

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