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PREA AUDIT REPORT INTERIM FINAL ADULT PRISONS & (Federal Bureau of Prisons)

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PREA AUDIT REPORT
INTERIM
FINAL
ADULT PRISONS & JAILS
Auditor Information
Auditor name:
Address:
Email:
Telephone number:
Date of facility visit:
Facility Information
Facility name:
Facility physical address:
Facility mailing address:
(if different
from above)
Facility telephone number:
The facility is:
Federal
State
County
Military Municipal Private for profit
Private not for profit
Facility type:
Prison
Jail
Name of facility’s Chief Executive Officer:
Number of staff assigned to the facility in the last 12 months:
Designed facility capacity:
Current population of facility:
Facility security levels/inmate custody levels:
Age range of the population:
Name of PREA Compliance Manager: Title:
Email address: Telephone number:
Agency Information
Name of agency:
Governing authority or parent agency:
(if
applicable)
Physical address:
Mailing address:
(if
different from above)
Telephone number:
Agency Chief Executive Officer
Name: Title:
Email address: Telephone number:
Agency-Wide PREA Coordinator
Name: Title:
Email address: Telephone number:
PREA Audit Report 1
William Willingham
11820 Parklawn Drive, Suite 240 Rockville, MD 20852
301-468-6535
June 6-8, 2017
Federal Correctional Institution-Bennettsville
696 Muckerman Road, Bennettsville, SC 29512
696 Muckerman Road, Bennettsville, SC 29512
843-454-8200
■
■
M. Travis Bragg, Warden
311
1664
1430
FCI (Medium Security/ In Custody); FPC (Minimum Security/Out & Community)
20-66
Michael Furman
Associate Warden
BEN/PREAComplianceMgr@bop.gov
843-454-8200
Federal Bureau of Prisons
U. S. Department of Justice
320 First Street, NW, Washington, DC 20534
202-616-2112
■
Thomas R. Kane
Acting Director
BOP-CPD/PREACoordinator@bop.gov
202-616-2112
Jill Roth
National PREA
Coordinator
BOP-CPD/PREACoordinator@bop.gov
202-616-2112
AUDIT FINDINGS
N
ARRATIVE
PR
EA Audit Report
2
The on-site PREA (Prison Rape Elimination Act) audit of the Federal Correctional Institution (FCI), Bennettsville, SC, was conducted from
June 6-8, 2017. The audit was completed by William Willingham, a Nakamoto Group Inc. certified auditor. This is the second PREA audit
for this facility. Prior to the on-site audit, the facility submitted the Pre-Audit Questionnaire to the auditor and provided a comprehensive
set of supporting documents for the responses to the questionnaire. The documentation was in the form of Program Statements (PS),
Institution Supplements (IS) and other forms/memos etc. Program Statements are agency-wide governing policies developed by the
Federal Bureau of Prisons (BOP) and Institution Supplements stipulate institution specific policies when there is no agency-wide policy or
when site specific policy is required to expand on agency Program Statements.
An entrance meeting was held the first day of the audit to discuss any concerns regarding the audit process and finalize the facility tour
and interview schedules. The following persons were in attendance: the Warden, the Associate Warden–Programs/Institution PREA
Compliance Manager (IPCM), the Associate Warden–Operations, the Executive Assistant/Satellite Camp Administrator, the Chief of
Psychology, one management analyst from the BOP Central Office, one American Correctional Association auditor and several facility
department heads/support staff. After the meeting, a comprehensive tour of the facility (FCI) and the minimum security satellite camp
(SPC) was completed. The tour included the FCI intake processing area, all housing units including the Special Housing Unit (SHU), the
Health Services department, recreation, food service, facility support areas, education, the Visiting Rooms and programming areas.
During the tour, it was noted that there was sufficient staffing and surveillance cameras to ensure a safe environment for inmates and
staff. Signs were posted (in English and Spanish) that indicated employees of the opposite gender were present in the housing units.
Inmates were able to shower, dress and use the toilet facilities without exposing themselves to employees of the opposite gender.
Informal and formal conversations with employees and inmates regarding the PREA standards were conducted. Postings regarding
PREA violation reporting and the agency’s zero tolerance policy for sexual abuse and harassment were prominently displayed in all
housing units, meeting areas and throughout the facility. Audit notice postings with the PREA auditors’ contact information were also
located in the same areas. There were no letters mailed to the auditor as a result of the audit postings in the housing units. The FCI and
SPC have been accredited by the American Correctional Association. Both the FCI and the SPC were observed to be well maintained,
clean, orderly and quiet.
A total of twenty randomly selected correctional staff were interviewed and included employees from the FCI and SPC. All BOP staff at
the institution are considered correctional workers/officers. Correctional officers and lieutenants from all shifts were included. All were
aware of the agency’s zero tolerance policy and knew their responsibilities to protect inmates from sexual abuse/harassment and their
duties as first responders as part of a coordinated response. The agency Director, agency PREA Coordinator and agency Contract
Administrator had been previously interviewed. Specialized staff were also interviewed and included the Warden, the IPCM, the Chief
Psychologist, two investigators, the Human Resources Manager, the Health Services Administrator and a member of the Evidence
Recovery Team. Two contractors, one volunteer and a staff victim advocate were also interviewed. All interviewed staff, contractors, a
community service provider and volunteers demonstrated an understanding of the PREA and their responsibilities under this program,
relative to their position in or with the organization and employment status (none refused to be interviewed).
Twenty-seven inmates were interviewed and were randomly selected from the FCI and SPC. The interviewed inmates were of various
ages, nationalities and ethnic backgrounds. Of the interviewed inmates, none self-identified as being gay,intersex or bi-sexual; one inmate
had previously reported an allegation of sexual abuse and two inmates self-identified as being transgender. Four limited English proficient
and two disabled inmates were included in the group of inmates interviewed. All inmates interviewed demonstrated a good understanding
of the PREA compliance program, the prevention, protection and reporting mechanisms, that staff were responsive to their needs and
stated they felt safe at the facility. No inmates refused to be interviewed.
A review of the investigative files opened during the past 12 months alleging sexual abuse or sexual harassment was conducted. There
were two allegations of inmate on inmate sexual abuse/assault, none of which required forensic evidence collection by a SANE service
provider in the community. One of the allegations was determined to be unfounded and one was unsubstantiated. All investigations were
completed promptly, thoroughly and were well documented. There were three open cases in the process of being investigated during the
on-site audit.
DESCRIPTION OF FACILITY CHARACTERISTICS
PR
EA Audit Report
3
The mission of the Federal Bureau of Prisons to protect society by confining offenders in the controlled environments of prisons and
community-based facilities that are safe, humane, cost-efficient and appropriately secure and that provide work and other
self-improvement opportunities to assist offenders in becoming law-abiding citizens. It is the mission of the Federal Correctional
Institution, Bennettsville, South Carolina, to provide a safe, secure and humane environment for inmates and staff. Opportunities for
self-improvement including work, education, vocational training, religious and counseling programs. These programs are designed to
assist inmates during confinement and upon release, as well as to facilitate the orderly operation of the institution.
FCI Bennettsville was new construction activated in 2005 and is a medium security facility with a separate minimum security camp. The
facility is located just outside of Bennettsville, SC. The FCI has three general population housing units (each with four wings or "pods")
with 2 person cells and a Special Housing Unit (SHU-protective custody-single and double occupancy cells). The SHU segregates
inmates from the general population for various reasons. The satellite prison camp has one housing unit (dormitory). The FCI only
houses adult male offenders with medium, low or minimum security designations, while the satellite camp houses adult male offenders
with minimum security designations. At the time of the audit, the total population was 1430. The facility does not house females or
youthful offenders. Currently, the institution has a number of cameras strategically placed to ensure the safety and security of both
inmates and staff. No "blind spots" were discovered during the tour (staffing deployment, cameras and mirrors were used to eliminate
potential "blind spots").
The institution offers Adult Continuing Education (ACE), HiSet (GED) test preparation and testing, Adult Occupational Education, English
as a Second Language (ESL), vocational technical courses and a Culinary Arts training program. Inmate work assignments include food
service, facility maintenance, janitors (orderlies), landscape maintenance, various clerical duties and other facility support assignments.
The facility has no Federal Prison Industries, known as UNICOR. The SPC also provides a small inmate workforce to support the FCI and
SPC operations. Inmates are occasionally involved in a variety of community service projects in the local area. Recreational programs
offered include team and individual sports activities, hobby craft, wellness instruction and TV viewing. The FCI and SPC recreation
area/yards are very large. The facility also provides a number of religious programs involving numerous faith groups. The FCI and SPC
offer an excellent re-entry into society program which prepares inmates for release back into the community. This initiative is a directed
program that focuses on inmates taking responsibility for their release planning. Though this program inmates are allowed to create
resumes, participate in mock employment interviews and are given tips for handling adversity and rejection. The facility also provides
court-mandated legal resource materials for inmates including Bureau of Prisons policy, Institution Directives and federal law.
SUMMARY OF AUDIT FINDINGS
Number of standards exceeded:
Number of standards met:
Number of standards not met:
Number of standards not applicable:
PR
EA Audit Report
4
When the on-site audit was completed, another meeting was held with the Warden and other staff to discuss audit findings. The facility
was found to be fully compliant to the PREA. One standard was determined to be not-applicable. The facility exceeded compliance
concerning two standards. The auditor had been provided with extensive files prior to and during the audit for review to support a
conclusion of compliance to the PREA. All interviews and observations also supported compliance. The facility staff were found to be
extremely courteous, cooperative and professional. Staff morale appeared to be very good and the observed staff/inmate relationships
were determined to be excellent. All areas of the facility were observed to be clean and well maintained. At the conclusion of the audit,
the auditor thanked the Warden and staff for their hard work and dedication to the PREA audit process.
2
40
0
1
Standard 115.11 Zero tolerance of sexual abuse and sexual harassment; PREA Coordinator
E
xceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
S
tandard 115.12 Contracting with other entities for the confinement of inmates
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
PR
EA Audit Report
5
■
Program Statement (PS) 5324.12, Sexually Abusive Behavior Prevention and Intervention Program and Institution Supplement (IS)
5324.12C, Sexually Abusive Behavior Prevention and Intervention Program address the requirements identified in the standard. The
agency has appointed a psychologist assigned to the BOP Correctional Programs Division as their National PREA coordinator. The
Warden has appointed the Associate Warden of Programs as the Institution PREA compliance manager (IPCM) and the Chief of
Psychology Services to assist the IPCM. The IPCM reports directly to the Warden regarding all PREA related concerns. Interviews with
the agency PREA Coordinator and IPCM confirmed that each has sufficient time and authority to coordinate efforts to comply with PREA
standards. The agency and facility directives outline a zero tolerance policy for all forms of sexual abuse and sexual harassment.
Inmates are informed orally about the zero-tolerance policy and the PREA program during in-processing procedures, by viewing a video
and during additional admission and orientation procedures. The video is offered in English and in Spanish. Inmates are also informed
about the program and zero-tolerance in the Admission and Orientation (A&O) Handbook, a pamphlet and through postings throughout
the facility (observed during the tour). All written documents are available in English and Spanish. Additional interpretive services are
available for inmates who do not speak or read English. All interviews with staff, volunteers, contractors and inmates confirmed that each
was aware of the zero-tolerance policy towards all forms of sexual abuse/harassment. The commitment to the enforcement and
implementation of the PREA meets the required compliance to this standard. An examination of documentation also confirms compliance
to this standard.
■
The agency meets the requirements of this standard. A review of the documentation submitted confirmed the agency requires other
entities contracted with for the confinement of inmates (privatized prisons and residential re-entry centers or "half-way houses") to adopt
and comply with the PREA standards. All agency contractual agreements were modified to incorporate the language requiring all
contractors to adopt and comply with PREA standards. The FCI and SPC do not individually contract for the confinement of inmates.
Standard 115.13 Supervision and monitoring
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.14 Youthful inmates
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
PREA Audit Report
6
■
The agency meets the requirements of this standard. A review of the documentation submitted confirmed the agency requires other
entities contracted with for the confinement of inmates (privatized prisons and residential re-entry centers or "half-way houses") to adopt
and comply with the PREA standards. All agency contractual agreements were modified to incorporate the language requiring all
contractors to adopt and comply with PREA standards. The FCI and SPC do not individually contract for the confinement of inmates.
Not Applicable - The FCI or SPC do not house youthful inmates.
Standard 115.15 Limits to cross-gender viewing and searches
E
xceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
S
tandard 115.16 Inmates with disabilities and inmates who are limited English proficient
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
PR
EA Audit Report
7
■
PS 5324.12 and PS 5521.06, Searches of Housing Units, Inmates and Inmate Work Areas address the requirements of the standard. The
facilities rated capacity exceeds 50 inmates. The institution does not permit cross-gender strip searches or cross-gender visual body
cavity searches, except in exigent circumstances or when performed by medical practitioners. There were no cross-gender visual body
cavity or strip searches conducted in either facility during the audit period. Officers would be required to document all cross-gender strip
searches and cross-gender visual body cavity searches. Interviews with staff confirmed that they were aware of the prohibition of visual
body cavity or strip searches of the inmates of the opposite sex except in exigent circumstances. Staff interviews also confirmed that
female officers had been trained to conduct cross-gender pat searches. Inmate interviews also confirmed that inmates are not delayed or
prohibited from attending regularly available programming or other out-of-cell opportunities in order to comply with this standard. As
confirmed by observation during the tour of all housing units, inmates are permitted to shower, perform bodily functions and change
clothing privately. The agency and facility have a “knock and announce” policy and procedures requiring staff of the opposite sex to
announce their presence or otherwise notify the inmates when entering an inmate housing unit. Inmate interviews confirmed that female
staff announce their presence when entering housing units where inmates of the opposite gender are housed. The practice was observed
during the tour of the FCI and SPC. An intercom announcement is made over a loud speaker, at the beginning of each shift, that tells
inmates that male and female employees are on duty in their units. Staff do not search or physically examine a transgender or intersex
inmate for the sole purpose of determining the inmate’s genital status. Interviews with inmates confirmed that they had been pat-searched
by officers properly. Interviews with staff, observations and an examination of documentation confirm compliance to this standard.
■
PS 5324.12 and the Admission and Orientation (A&O) Handbook address the requirements of the standard. Through policy and practice,
the facility ensures that inmates with disabilities have an equal opportunity to participate in and benefit from all aspects of the agency’s
efforts to prevent, detect and respond to sexual abuse and sexual harassment. The disabled inmates interviewed stated they were
instructed about PREA compliance. All PREA related information, including postings, brochures and handouts are available in English
and in Spanish. Translation services are available through a contracted language service for inmates who are not English proficient.
Communication services are also available for inmates who use sign language. The facility also employs staff who are proficient in
languages other than English. The facility does not rely on inmate interpreters, inmate readers or other types of inmate assistants in the
performance of first responder duties or during the investigation of an inmate’s allegations. Interviews with first responders, medical,
mental health and investigative staff confirmed their awareness of the prohibition for using inmate interpreters for PREA compliance
functions. Interviews with four non-English proficient inmates confirmed the availability and use of the staff and telephonic interpretive
services. Interviews with staff and an examination of documentation also confirm compliance to this standard.
Standard 115.17 Hiring and promotion decisions
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.18 Upgrades to facilities and technologies
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
PREA Audit Report
8
■
PS 3000.03, PS 3420.11, Standards of Employee Conduct, the Pre-Employment Guide, SF85P (Questionnaire for Public Trust Positions)
and a BOP recruitment document address the requirements of the standard. All employees who have contact with inmates have had a full
field background investigation in addition to finger printing and inquiry into the FBI’s National Crime Information Center (NCIC). Employee
backgrounds are re-checked every five years. Contractors and volunteers who have regular contact with inmates also have criminal
background checks completed prior to having contact with inmates. Volunteer and contractor background checks are repeated yearly.
The facility does not hire or promote anyone who may have contact with inmates, and does not enlist the services of any contractor who
may have contact with inmates, who has engaged in any type of sexual abuse/harassment. Employees have a duty to disclose such
misconduct and material omissions regarding such misconduct would be grounds for termination. Submission of false information by any
applicant is grounds for not hiring the applicant. The Human Resources Manager was interviewed and confirmed that the agency
attempts to contact prior employers for information on substantiated allegations of sexual abuse or resignations which occurred during a
pending investigation of sexual abuse. The Human Resource Manager also confirmed that the agency, not the FCI Human Resources
Department, provides 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. The agency, not the FCI Human
Resources Department, notifies appropriate licensing/certifying agencies when professional staff are terminated for substantiated
allegations of sexual abuse or harassment. A review of documentation also supports compliance to this standard.
■
The facility has had no substantial expansions or modifications of existing facilities since August 20, 2012. However, there has been the
installation of updated video monitoring systems, modified electronic surveillance systems or other monitoring technology since August 20,
2012. Interviews with staff, observations and an examination of documentation confirm compliance to this standard.
Standard 115.21 Evidence protocol and forensic medical examinations
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.22 Policies to ensure referrals of allegations for investigations
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
PREA Audit Report
9
■
PS 5324.12, IS 5324.12C, the Guide for First Responder/Operations Lieutenant-When Approached with an Inmate Allegation of Sexual
Abuse or Harassment, PS 6031.04, Patient Care and the PREA Checklist & Instructions address the requirements of the standard.
Interviews with correctional and health services personnel confirmed that they were all knowledgeable of the required procedures for
obtaining, preserving and securing physical evidence, when sexual abuse is alleged. Staff were aware that the Special Investigative
Service Lieutenants (SIS), the Office of Internal Affairs (OIA), the Office of Inspector General (OIG) or the FBI (Federal Bureau of
Investigation) conducted investigations relative to sexual abuse/harassment allegations. The agency follows a uniform evidence protocol
as described in the U.S. Department of Justice’s Office on Violence Against Women publication, “A National Protocol for Sexual Assault
Medical Forensic Examinations, Adults/Adolescents”. Victims of sexual assault are referred to health services for initial examination and
treatment. Such treatment would be for life preservation only and the victim would be transported to a community hospital for
examination, treatment and forensic evidence gathering by a SANE nurse. All sexual abuse advocacy, examinations, treatment, testing
and follow-up care is provided without cost to the victim. The facility has been unable to secure access to a local victim advocacy
organization to provide victim advocacy services. Therefore, facility staff members have been trained as victim advocates. Routinely,
administrative investigations are conducted by trained investigators who are full time employees of the facility. The Warden generates the
referral to the outside agency. The review of training records confirmed that investigators have received investigator training offered by
the BOP on the investigation of sexual abuse and harassment in confinement settings. Interviews with staff, a SANE nurse, a staff victim
advocate and an examination of documentation also confirm compliance to this standard.
■
PS 5324.12 addresses the requirements of the standard. Policy requires administrative or criminal investigations to be completed on all
allegations of sexual abuse/harassment. Administrative investigations are routinely assigned for completion by the Special Investigative
Services Lieutenants. If, during the course of an investigation, evidence surfaces indicating criminal misconduct, the case would be
initially referred to the FBI for criminal investigation. The Special Investigative Service Lieutenants were interviewed and were aware of
their responsibilities in the investigative process. The FBI would conduct criminal investigations for the facility involving inmate on inmate
sexual abuse and the OIG would investigate staff on inmate criminal sexual abuse. An investigation would never be terminated due to an
inmate being transferred or released or an employee leaving the agency. The facility has a Evidence Recovery Team (ERT), which is a
group of specially trained staff who would be called to a potential crime scene to preserve evidence. A review of training documents
confirmed that all investigators received instruction in conducting sexual assault investigations in confined spaces/prisons. Interviews with
staff, the investigators and an examination of documentation confirm compliance to this standard.
Standard 115.31 Employee training
E
xceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
S
tandard 115.32 Volunteer and contractor training
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
PR
EA Audit Report
10
■
PS 5324.12 and IS 5324.12C address the requirements of the standard. All BOP employees are considered correctional workers and all
new employees attend training locally and at the Federal Law Enforcement Training Center. This training addresses all of the topics
identified in the standard. Related education is provided annually during refresher training. The review of facility lesson plans, training
logs and PREA PowerPoint presentations confirmed that the provided training also addressed all elements identified in the standard. Staff
must acknowledge in writing their understanding of the PREA. Employees have PREA information noted on their desk computers and
carry a PREA reference card. Staff annual training files were reviewed and contained documentation supporting compliance to this
standard. All staff interviewed indicated that they received the required PREA training initially and annually. The Warden has periodically
issues memos (e-mails) to staff reminding them of and clarifying various PREA issues (one of the e-mails specifically addressed
transgender inmate management). Officers assigned to the SHU also receive additional training. The extensive training provided and
staff knowledge of PREA requirements confirm that the facility exceeds compliance to this standard.
■
PS 5324.12 and IS 5324.12C address the requirements of the standard. The review of volunteer and contractor PREA training sign in
forms and other documents by the auditor confirmed that all facility contractors and volunteers have received training related to their
responsibilities concerning the PREA (zero-tolerance, detection, prevention, response, and reporting requirements) during the previous
twelve months. Staff, contractor and volunteer interviews confirmed that the training was provided and that they understood the agency’s
zero-tolerance policy for sexual abuse and harassment and their responsibilities under the PREA. A review of the PREA contractor and
volunteer training presentation confirmed that the level of instruction is appropriate for the services provided and emphasizes the facility’s
zero-tolerance and reporting policies.
Standard 115.33 Inmate education
E
xceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
S
tandard 115.34 Specialized training: Investigations
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
PR
EA Audit Report
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PS 5324.12 and IS 5324.12C address the requirements of the standard. During in-processing procedures, each inmate receives an
inmate Handbook and a pamphlet describing the agency’s PREA compliance program. The information identifies the key elements of the
program and informs them of the zero-tolerance policy regarding sexual abuse and sexual assault and multiple ways to report sexual
abuse/harassment. The information also informs the inmates that both male and female staff routinely work in and monitor the housing
units. The information is available in English and Spanish. A staff member conducts an education program regarding the PREA for all
inmates within 30 days of their arrival at the facility. The program includes definitions of sexually abusive behavior and sexual
harassment, prevention strategies and reporting modalities. Inmates also view a comprehensive orientation video that explains the
facilities zero-tolerance policy and covers the inmate’s right to be free from sexual abuse, sexual harassment and retaliation. Inmates also
have access to TRULINCS, a computer program which also provides PREA information and a reporting outlet. Staff interpreters and
telephonic translation services are available to inmates who are not proficient in English. Staff routinely conduct "town hall" meetings
(group meetings that provide information and a question/answer session) in the housing units to address issues that may include PREA
discussions. Inmate interviews confirmed that they received PREA information and they were aware of numerous reporting methods to
include anonymous and third party reporting, the zero-tolerance policy and their right to be free from retaliation. The tour of the facility
confirmed that PREA education posters were prominently displayed in all housing units, the Visiting Rooms and common/program areas.
Interviews with staff and an examination of documentation also confirm that the facility exceeds compliance to this standard.
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PS 5324.12, the SIS/SIA Training Lesson Plan, Sexual Violence PREA Training and DOJ/OIG PREA Training address the requirements of
the standard. The facility investigators, OIA, OIG and FBI investigators have received PREA specialized training through the Department
of Justice. The auditor reviewed specialized training documentation to include the SIS/SIA Training Instructor Guide, the BOP Course
Completion List for Investigating Sexual Abuse in a Confinement Setting training and the OIG PREA Criminal Investigator Certification
Training List. Administrative investigations are conducted by trained investigators who are full time employees of the facility. When
criminal investigations are indicated, they are conducted by the Federal Bureau of Investigation or the Office of the Inspector General.
Interviews with staff, the SIS investigators and an examination of documentation confirm compliance to this standard.
Standard 115.35 Specialized training: Medical and mental health care
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.41 Screening for risk of victimization and abusiveness
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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PS 5324.12 and IS 5324.12C address the requirements of this standard. When required, both medical and mental health providers are
available for immediate call back to the facility during off duty hours. The review of medical and mental health personnel training records
by the auditor confirmed that these employees receive the same PREA training as correctional officers and have a duty to report when
they have knowledge of sexual abuse/assault, even when disclosed in the course of a health care encounter. Further review of training
records confirmed that all mental health and medical staff have also received specialized training on victim identification, interviewing,
reporting and required clinical interventions. Training does not refer to certifications needed to conduct forensic examinations. All cases
requiring the processing of sexual assault evidence collection kits are transported to a community hospital where SANE nurses are
available at all times (a SANE nurse was interviewed and confirmed access to these services). Interviews with medical and mental health
staff also confirmed the provision of specialized training and that they are aware of their duty to report allegations and suspicions of sexual
abuse/harassment.
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PS 5324.12 addresses the requirements of the standard. All inmates are immediately assessed for a history of sexual abusiveness and
risk of sexual victimization during in-processing procedures performed in the receiving and discharge (R&D) area. Also during
in-processing procedures, all inmates complete a self-disclosure questionnaire check sheet. Policy prohibits disciplining inmates for
refusing to answer or for not disclosing complete information during the screening. A member of the inmate’s housing unit team (case
manager or counselor) screens all new arrivals within the first 72 hours of the inmate’s arrival, but this activity ordinarily occurs on the day
of arrival. The review of documents by the auditor confirmed that inmates identified at high risk for sexual victimization or at risk of
sexually abusing other inmates were referred to a mental health professional and all received further assessment. Staff also conduct
screenings by reviewing records or other information from other facilities. A unit team member reviews all relevant information from other
facilities and continues to reassess an inmate's risk level within 30 days of his arrival. Staff and inmate interviews, a review of
documentation and observations of the intake process confirmed compliance to this standard. Information received during the screening
is only available to staff with a need-to-know and never to other inmates.
Standard 115.42 Use of screening information
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xceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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tandard 115.43 Protective custody
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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PS 5324.12 addresses the requirements of the standard. Risk screening information is used to determine housing, bed, work, education,
and program assignments with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk
of being sexually abusive. Determinations for these assignments are made on a case-by-case basis to ensure the safety of each inmate.
The agency (through a committee) decides whether to assign a transgender or intersex inmate to a facility for male or female inmates.
The facility determines other housing and programming assignments for transgender or intersex inmates on a case-by-case basis,
whether a placement would ensure the inmate’s health and safety and whether the placement would present management or security
problems. Placement and programming assignments for each transgender or intersex inmate are reassessed at least once every six
months. Policy states that a transgender or intersex inmate’s own views with respect to his own safety is given serious consideration
when making these assignments. Transgender and intersex inmates are given the opportunity to shower, dress and use toilet facilities
separately from other inmates. Interviews with two self-identified transgender inmates confirmed that the inmates were able to shower
privately, are afforded other significant privacy and the inmate’s own views with respect to their safety was given serious consideration.
The interview with the agency’s PREA Coordinator confirmed that a transgender inmate’s genital status is not the sole criteria for
placement in a specific facility. Interviews with staff and an examination of documentation also confirm compliance to this standard.
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PS 5324.12 addresses the requirements of the standard. The FCI’s Special Housing Unit (SHU) houses both administrative (protective
custody) and disciplinary cases. Policy states inmates at high risk for sexual victimization shall not be placed in involuntary SHU status
unless an assessment of all available alternatives has been made and there is no available means of separating the inmate from the
abuser (none were placed in this status within the last year). The inmates are reassessed by a committee every 7 days after entering the
SHU. If protection is necessary for a SPC inmate, they may be transferred to the FCI. Interviews with SHU officers and a lieutenant
confirmed that to the extent possible, access to programs, privileges, education and work opportunities are not limited to inmates placed in
a SHU for the purposes of protective custody, except when there are safety or security concerns. The facility would document the reasons
for restricting access and the length of time the restriction would last. Mental health and unit staff meet with each inmate in SHU status at
least once each week. A Safeguarding of Inmates Alleging Sexual Abuse/Assault Allegation form is completed when considering all
appropriate alternatives for safeguarding alleged inmate victims. Interviews with staff and an examination of documentation confirm
compliance to this standard.
Standard 115.51 Inmate reporting
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xceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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tandard 115.52 Exhaustion of administrative remedies
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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PS 5324.12, IS 5324.12C, the Admission and Orientation (A&O) Handbook and PREA postings address the requirements of the standard.
A review of documentation indicated that there are multiple ways (including verbally, in writing, privately, from a third party and
anonymously) for inmates to report sexual abuse or harassment. Inmates are informed about the reporting methods through the A&O
Handbook, postings in the housing units and common areas and as part of the orientation process. Inmates also have access to
TRULINCS, a computer program which also provides PREA information and a reporting outlet. Through TRULINCS, the inmate can
contact the Office of the Inspector General anonymously and the email is untraceable at the institution level. During the tour of the facility,
a number of TRULINCS computers were observed in each housing unit. The tour of the facility also confirmed that there were numerous
posters on display explaining the reporting procedures. Staff accept reports made verbally, in writing, anonymously and from third parties
and promptly document any form of reporting. Staff are required to immediately document any allegation. Family and friends of inmates
may report sexual abuse/harassment by using the BOP website, making a phone call to the OIG or contacting facility staff. All inmates
interviewed confirmed that they were aware of multiple methods of reporting sexual abuse/assault allegations. Inmates at the FCI or SPC
are not detained solely for civil immigration purposes. Interviews with staff and an examination of documentation also confirm compliance
to this standard.
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PS 1330.17, Administrative Remedy addresses the requirements of the standard. Grievances (administrative remedies) filed alleging
sexual abuse/harassment would result in the immediate opening of a formal investigation. Policy states that there is no time frame for
filing a grievance relating to sexual abuse or harassment and does not require an inmate to use any informal grievance process before
filing an allegation involving sexual abuse/harassment. Policy states that matters in which specific staff involvement is alleged may not be
investigated by either staff alleged to be involved or by staff under their supervision. Allegations of physical abuse by staff shall be
referred to the Office of Internal Affairs (OIA) in accordance with procedures established for such referrals. Policy addresses the filing of
emergency administrative remedy requests. If an inmate files the emergency grievance with the institution and believes he is under a
substantial risk of imminent sexual abuse, an expedited response is required to be provided within 48 hours. Best efforts are made to
provide Regional Office and Central Office expedited appeal responses within five calendar days. If an inmate reasonably believes the
issue is sensitive and the inmate’s safety or well-being would be placed in danger if the remedy became known at the institution, the
inmate may submit the remedy directly to the appropriate Regional Office. There is no prohibition that limits third parties, including fellow
inmates, staff members, family members, attorneys and outside advocates, in assisting inmates in filing requests for grievances relating to
allegations of sexual abuse and are permitted to file such requests on behalf of inmates. Policy does not prohibit the facility from
disciplining an inmate for filing a grievance related to alleged sexual abuse, where the facility demonstrates that the inmate filed the
grievance in bad faith. There were no grievances alleging sexual abuse/harassment filed within the last twelve months. Interviews with
staff, inmates and an examination of documentation confirm compliance to this standard.
Standard 115.53 Inmate access to outside confidential support services
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xceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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tandard 115.54 Third-party reporting
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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PS 5324.12 addresses the requirements of the standard. Although the facility does house inmates who have immigration detainers, no
inmates placed in this facility are incarcerated solely for civil immigration purposes. The facility has attempted to enter into an agreement
with a local victim advocate organization to provide emotional support services related to sexual abuse, but attempts to enter into a formal
agreement have been unsuccessful (documented). Facility staff members, including mental health treatment providers, have been trained
as victim advocates. Inmates are informed as part of their orientation process that all telephone calls (except properly placed legal calls)
are subject to monitoring and recording and that all mail, except for legal mail, is subject to monitoring as well. Inmates are informed that
emails to the Office of the Inspector General through TRULINCS - Request to Staff tab and selecting the Department Mailbox titled DOJ
Sexual Abuse are not monitored by the facility or BOP. Postings in the housing units and common areas, the PREA pamphlet issued
upon the inmate’s arrival and the A&O Handbook provide the address to the OIG and explain that inmates may confidentially submit
written allegations of sexual abuse/harassment to this entity. The facility enables reasonable communication between inmates and these
organizations and agencies in as confidential a manner as possible. Interviews with staff and an examination of documentation confirm
compliance to this standard.
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The BOP pamphlet "Sexually Abusive Behavior Prevention and Intervention", the Admission and Orientation Handbook, PREA
posters throughout the facility, the posted Office of Inspector General Address and the BOP website: www.bop.gov address the
requirements of the standard. The website and posted notices (inside the facility and in the Visiting Rooms) assist third party reporters on
how to report allegations of sexual abuse/harassment. Interviews with staff and inmates also confirmed that they were aware that
anonymous and third-party reporting procedures were available.
Standard 115.61 Staff and agency reporting duties
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.62 Agency protection duties
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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PS 5324.12, IS 5324.12C and PS 3420.11 address the requirements of the standard. All staff, contractors and volunteers are required to
report any information regarding sexual abuse or harassment or any staff neglect or violation that may contribute to an incident or an act of
retaliation. The reporting is ordinarily made to the shift operations lieutenant. Policy requires the information concerning the identity of the
alleged inmate victim and the specific facts of the case to be limited to staff who need-to-know because of their involvement with the
victim’s welfare and the investigation of the incident. Interviews with employees, contractors and volunteers confirmed they were aware of
their reporting duties. Additional compliance with all aspects of the standard was verified through document and policy review. The facility
does not house inmates under the age of 18.
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PS 5324.12 addresses the requirements of the standard. Staff interviews confirmed they were aware of their responsibilities when they
become aware or suspect that an inmate is being or has been sexually abused or sexually harassed. All staff indicated they would act
immediately to protect the inmate by separating and protecting the victim from the abuser, isolate the area (as a potential crime scene to
preserve evidence) where the act allegedly occurred and would call the shift lieutenant for assistance. When notified, the interviewed shift
lieutenants stated they would further protect the victim, notify medical and mental health staff and advise the Institution Duty Officer. In the
past 12 months, there were four instances in which the facility staff determined that an inmate was subject to substantial risk of imminent
sexual abuse. All required actions were taken. Interviews with staff and an examination of documentation confirm compliance to this
standard.
Standard 115.63 Reporting to other confinement facilities
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.64 Staff first responder duties
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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PS 5324.12 addresses the requirements of the standard. Policy requires the reporting of any PREA related allegation by an inmate that
occurred at another facility to the Warden of the facility where the incident is alleged to have occurred, by the Warden (or equivalent
person) of the facility in which the inmate is currently housed. When the inmate reports sexual abuse/harassment from state, non-Bureau
privatized facilities, jails, juvenile facilities and Residential Reentry Centers (half-way houses), the Warden contacts the appropriate office
of the facility and notifies the Privatization Management or the Residential Reentry Management Branch of the BOP if appropriate. The
notification is to occur as soon as possible, but always within 72 hours of receiving the allegation. Policy also requires that an
investigation be initiated. During the audit period, there were no inmates who alleged that they were sexually abused/harassed at another
facility. Within the last twelve months, the FCI was notified by another facility that an inmate alleged abuse at Bennettsville. When
notified, the Warden did initiate an investigation. Interviews with staff and an examination of policy confirm compliance to this standard.
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PS 5324.12 and IS 5324.12C address the requirements of the standard. All staff interviewed were knowledgeable concerning their first
responder required actions when learning of an allegation of sexual abuse/harassment. All staff indicated they would separate the
inmates, secure the area as a crime scene, not allow inmates to destroy any evidence and contact the shift lieutenant. The shift lieutenant
would continue to protect the inmate and notify medical, mental health, ERT and administrative staff. Within the last year, there was two
instances requiring staff to act as a first responder to an allegation of sexual abuse/harassment (security staff only). Interviews with staff
and an examination of documentation confirm compliance to this standard.
Standard 115.65 Coordinated response
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xceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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tandard 115.66 Preservation of ability to protect inmates from contact with abusers
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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PS 5324.12 and IS 5324.12C address the requirements of the standard. A pamphlet titled “One Source First Responder Reference Guide
-Sexual Assault Crisis Intervention” provides guidance to employees regarding the expected coordinated actions to take place in response
to an incident of sexual abuse/harassment. Lieutenants use a PREA checklist to aid in their response to allegations of sexual
abuse/harassment. The policies and information provide direction to security, medical/mental health practitioners, investigators, staff
victim advocates, community service providers (SANE) and facility leadership. Staff and a community provider interview confirmed that
they were knowledgeable regarding their responsibilities in the coordinated response. An examination of documentation also confirms
compliance to this standard.
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The Collective Bargaining Agreement (CBA), examined by the auditor, between the Federal Bureau of Prisons and Council of Prison
Locals, American Federation of Government Employees, dated July 21, 2014-July 20, 2017, complies with this standard. The agreement
does not limit the agency’s ability to remove alleged staff sexual abusers from contact with any inmates pending the outcome of an
investigation or of a determination of whether and to what extent discipline is warranted. The CBA is currently being renegotiated and will
contain the required language in its final form.
Standard 115.67 Agency protection against retaliation
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.68 Post-allegation protective custody
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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PS 5324.12 addresses the requirements of this standard. Policy prohibits any type of retaliation against any staff or inmate who has
reported sexual abuse, sexual harassment or cooperated in any related investigation. The Associate Warden, Programs (also the local
PREA manager), is the designated Retaliation Monitor. He stated he would document and follow up on all potential cases to ensure policy
is being enforced and conduct periodic status checks on the frequency of incident reports, housing reassignments and negative
performance reviews/staff job reassignments. If there was a concern that there was the potential for possible retaliation, the Associate
Warden indicated he would monitor the situation indefinitely. There have been no suspected or actual incidents of retaliation in the
previous 12 months. Compliance with this standard was determined by a review of policy and staff interviews.
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PS 5324.12 addresses the requirements of the standard. Policy requires staff to assess and consider all appropriate alternatives for
safeguarding alleged inmate victims of sexual abuse/harassment. Staff must first consider other alternatives based on the circumstances
of the allegation before considering placing an inmate in protective custody (SHU), placing him in another housing unit or transferring the
inmate to another federal correctional facility. To aid in that decision, policy requires the facility to complete the BOP’s Safeguarding of
Inmates Alleging Sexual Abuse/Assault Allegation form. The form serves to document consideration of all options. Interviews with staff
and the tour of the facility confirmed that there are usually viable alternatives to placing victims of sexual abuse/harassment in involuntary
segregated housing (SHU). To the extent possible, access to programs, privileges, education and work opportunities are not limited to
inmates placed in a SHU or the facility infirmary for the purposes of protective custody. The facility would document the reasons for
restricting access and the length of time the restrictions would last. There were two inmates placed in post-allegation protective custody
status within the last twelve months. Compliance with this standard was determined by a review of policy, documentation and staff
interviews.
Standard 115.71 Criminal and administrative agency investigations
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.72 Evidentiary standard for administrative investigations
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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PS 5324.12 addresses the requirements of the standard. The institution’s SIS may conduct administrative investigations within the facility
and was interviewed by the auditor. When an allegation appears to be criminal in nature, the SIS, in conjunction the BOP’s Office of
Internal Affairs and the facility Warden, will refer the incident to the FBI for a criminal investigation if the investigation involves an inmate
on inmate allegation. Staff on inmate criminal investigations are conducted by the Office of the Inspector General. The FBI or OIG
investigator consults with the Assistant U.S. Attorney when necessary. If the FBI or OIG substantiates the allegation, the case is referred
to the local United States Attorney for possible prosecution. Although there were two allegations of inmate on inmate sexual abuse made
over the previous 12 months, there were no referrals for criminal investigations. The credibility of an alleged victim, suspect or witness is
assessed on an individual basis and is not determined by the person’s status as inmate or staff. The agency does not require an inmate
who alleges sexual abuse to submit to a polygraph examination or other truth assessment device as a condition for proceeding with the
investigation of such an allegation. The review of two case files of inmates alleging sexual abuse/harassment revealed that all
investigations were completed promptly, thoroughly and in compliance with policy. Compliance with this standard was determined by a
review of policy, documentation and staff interviews.
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PS 5324.12 addresses the requirements of the standard. The evidence standard is a “preponderance of the evidence” in determining
whether allegations of sexual abuse or sexual harassment are substantiated. The investigator was aware of the evidence standard. The
evidence standard was utilized in the reviewed case files.
Standard 115.73 Reporting to inmates
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.76 Disciplinary sanctions for staff
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
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PS 5324.12 addresses the requirements of the standard. The facility conducts administrative investigations. There were two allegations
and completed investigations of inmate on inmate sexual abuse/harassment over the previous 12 months. A review of documentation
confirmed that in all instances, the inmates were informed in writing regarding the results of the investigation. When the allegation
involves staff, the inmate would be informed if the staff member is no longer posted within their housing unit, is no longer employed at this
facility, if the staff member was indicted on a charge related to sexual abuse within the facility or the agency learned that the staff member
was convicted on a charge related to sexual abuse within the facility. Compliance with this standard was determined by a review of policy,
documentation and staff interviews.
■
PS 3420.11 and PS 5324.12 address the requirements of the standard. Staff are subject to disciplinary sanctions for violating agency
sexual abuse or sexual harassment policies. There have been no substantiated cases of inmates engaging in sex with staff in the last
twelve months. The Collective Bargaining Agreement (examined by auditor) between the Federal Bureau of Prisons and Council of Prison
Locals, American Federation of Government Employees, dated July 21, 2014-July 20, 2017, allows for disciplinary sanctions against staff,
including termination, for the sexual abuse or sexual harassment of an inmate. All terminations for violations of agency sexual abuse or
sexual harassment policies, or resignations by staff who would have been terminated if not for their resignation, may be reported to
criminal investigators and to any relevant professional/certifying/licensing agencies by the agency, unless the activity was clearly not
criminal. Compliance with this standard was determined by a review of policy, documentation and staff interviews.
Standard 115.77 Corrective action for contractors and volunteers
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.78 Disciplinary sanctions for inmates
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
PREA Audit Report
22
■
PS 3420.11 and PS 5324.12 address the requirements of the standard. Any contractor or volunteer who engages in sexual
abuse/harassment would be prohibited from contact with inmates and would be reported to the appropriate investigator and relevant
professional/licensing/certifying bodies unless the activity was clearly not criminal in nature. In cases that were not criminal in nature, the
facility would take appropriate remedial measures and consider whether to prohibit further contact with inmates. During the previous year
there were no incidents where a contractor or volunteer was accused or found guilty of sexual abuse or sexual harassment at the FCI or
SPC. Compliance with this standard was determined by a review of policy, documentation and staff interviews.
■
PS 5270.09, Inmate Discipline Program and PS 5324.12 address the requirements of the standard. The Inmate Discipline Program
defines sexual assault of any person, involving non-consensual touching by force or threat of force, as the greatest severity level
prohibited act. The program identifies inmates engaging in sexual acts and making sexual proposals or threats to another as a high
severity level prohibited act. Consensual sex or sexual harassment of any nature is prohibited and will result in discipline. Consensual
sex between inmates does not constitute sexual abuse. Sanctions are commensurate with the nature and circumstances of the abuse
committed, the inmate’s disciplinary history and the sanctions imposed for comparable offenses by other inmates with similar histories.
Inmates are subject to disciplinary sanctions pursuant to the formal disciplinary process defined in the Inmate Discipline Program. The
BOP does not discipline inmates who make an allegation in good faith, even if an investigation does not establish evidence sufficient to
substantiate the allegation. Interviews with investigators confirmed compliance to this standard. The disciplinary process considers
whether an inmate’s mental disabilities or mental illness contributed to the inmate’s behavior when determining what type of sanction, if
any, should be imposed. If mental disabilities or mental illness is a factor, the facility considers the offer of therapy, counseling or other
interventions designed to address and correct underlying reasons or motivations for the abuse. Compliance with this standard was
determined by a review of policy, documentation and staff interviews.
Standard 115.81 Medical and mental health screenings; history of sexual abuse
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.82 Access to emergency medical and mental health services
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
PREA Audit Report
23
■
PS 5324.12 addresses the requirements of the standard. Interviews with medical, mental health and specialized staff confirm the facility
has a comprehensive system for collecting medical and mental health information relevant to the PREA and has the capacity to provide
continued re-assessment and follow-up services. The review of psychology’s “Risk of Sexual Victimization” and “Risk of Sexual
Abusiveness” forms confirmed that inmates who disclosed prior victimization during screening were offered a follow up meeting with
medical or mental health staff within fourteen days. The meeting is usually completed on the same day or within three days. Treatment
services are offered without financial cost to the inmate. As confirmed by observation and a review of intake screening documents,
screening for prior sexual victimization in any setting is conducted by unit team staff during in-processing procedures. In-processing
procedures also screen for previous sexually assaultive behavior in an institutional setting or in the community. When indicated, staff
ensure that the inmate is offered a follow-up meeting with a mental health practitioner within fourteen days of the intake screening.
Information related to sexual victimization or abusiveness is limited to medical and mental health practitioners and other staff with a
need-to-know for treatment plans, security, housing, work, program assignments and management decisions. Signed and dated informed
consents are obtained from inmates before reporting prior sexual victimization that did not occur in an institutional setting. The facility
does not house inmates under the age of 18 or females. Compliance with this standard was determined by a review of policy,
documentation and staff interviews.
■
PS 5324.12, IS 5324.12C and PS 6031.04 address the requirements of the standard. The facility medical and mental health staff provide
services to both the main facility and the minimum security satellite camp. Medical staff are on duty 16 hours a day, seven days a week
and are available for consultation or call-back at off hours. Mental health providers are on-site five days per week and are also available
for call-back at off hours. Inmate victims of sexual abuse receive timely, unimpeded access to emergency medical/mental health
treatment and crisis intervention services within the facility or are transported to a hospital in the community when health care needs
exceed the level of care available within the institution. Victim advocacy is offered through trained staff members. There is no financial
cost to the inmate for any sexual abuse/harassment related incident medical or mental health care or advocacy service, regardless of
whether the victim names the abuser of cooperates with the incident investigation. Inmate victims of sexual abuse while incarcerated are
offered information about and timely access to information on sexually transmitted infection prophylaxis in accordance with professionally
accepted standards of care, where medically appropriate. Follow up mental health services and follow up testing and treatment for
sexually transmitted diseases is provided within the FCI or SPC. There were no allegations of sexual abuse that required referral for
forensic evidence collection by a SANE provider in the last year. Compliance with this standard was determined by a review of policy,
documentation and interviews with a SANE nurse, a staff victim advocate and medical staff.
Standard 115.83 Ongoing medical and mental health care for sexual abuse victims and abusers
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.86 Sexual abuse incident reviews
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
PREA Audit Report
24
■
PS 5324.12 addresses the requirements of the standard. As confirmed by a review of policy, the facility may offer medical and mental
health evaluation and as appropriate, treatment to all inmates who have been victimized by sexual abuse in any prison, jail, lockup or
juvenile facility. Inmates are also re-evaluated within 30 days of admission to the facility. The evaluation and treatment of such victims
includes follow-up services. The facility would arrange for referrals for continued care following their transfer to or placement in other
facilities or after their release from custody. The facility has fully staffed medical and mental health departments and offers sexual
abuse/harassment victims with medical and mental health services consistent with the standard of care available in the community.
Inmate victims, while incarcerated, would be offered testing for sexually transmitted infections as medically appropriate. Treatment
services are provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any
investigation arising out of the incident. Mental health evaluations are conducted on all known inmate-on-inmate abusers at least within 14
days of learning of such abuse history. When appropriate, treatment is offered by mental health practitioners. Compliance with this
standard was determined by a review of policy, documentation and staff interviews.
■
PS 5324.12 addresses the requirements of the standard. Administrative and/or criminal investigations are completed on all allegations of
sexual abuse/sexual harassment. The facility investigator and/or the FBI/OIG/OIA conduct all investigations. Interviews with the SIS
confirmed that they were knowledgeable concerning the requirements of the program and that they provided information to the Incident
Review Team. The facility conducts a sexual abuse incident review at the conclusion of every sexual abuse investigation, unless the
allegation was determined to be unfounded. The Incident Review Team consists of the IPCM, the Chief Psychologist, the Captain and
other administrative staff. Based on interviews with members of the Incident Review Team, the review is conducted within 30 days of the
conclusion of the investigation and consideration is given as to whether the incident was motivated by race, ethnicity, gender identity,
status or gang affiliation. The team also makes a determination as to whether additional monitoring technology or staffing should be
added to enhance inmate supervision. The facility implements the recommendations for improvement or documents its reasons for not
doing so. All required reviews by the team were completed within 30 days of the conclusion of all investigations. Compliance with this
standard was determined by a review of policy, documentation and staff interviews.
Standard 115.87 Data collection
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
Standard 115.88 Data review for corrective action
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
PREA Audit Report
25
■
PS 5324.12 addresses the requirements of the standard. As confirmed by a review of documents, the facility collects accurate, uniform
data for every allegation of sexual abuse/sexual harassment by using a standardized instrument. The agency tracks information
concerning sexual abuse using data from the facility SIS, the agency’s Office of Internal Affairs and SENTRY, the BOP’s computerized
data management program. The data collected includes the information necessary to answer all questions from the most recent version
of the Survey of Sexual Violence, conducted by the Department of Justice. The agency aggregates and reviews all data annually. Upon
request, the agency would provide all such data from the previous calendar year to the Department of Justice no later than June 30.
Compliance with this standard was also determined by a review of policy, documentation and staff interviews.
■
PS 5324.12 addresses the requirements of the standard. The Bureau of Prisons and the institution reviews and assesses all sexual
abuse/sexual harassment data at least annually to improve the effectiveness of its sexual abuse prevention, detection and response
policies, to identify any trends, issues or problematic areas and to take corrective action if needed. The IPCM forwards data to the
respective BOP Regional PREA Coordinator and then to the National BOP PREA Coordinator. An Annual Report is prepared and placed
on the BOP website. The Annual Report was reviewed by the auditor. The report can be found at the following website address:
www.bop.gov. Compliance with this standard was determined by a review of policy, documentation and staff interviews.
Standard 115.89 Data storage, publication, and destruction
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard for the
relevant review period)
Does Not Meet Standard (requires corrective action)
Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard. These
recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.
AUDITOR CERTIFICATION
I certify that:
The contents of this report are accurate to the best of my knowledge.
No conflict of interest exists with respect to my ability to conduct an audit of the agency under
review, and
I have not included in the final report any personally identifiable information (PII) about any
inmate or staff member, except where the names of administrative personnel are specifically
requested in the report template.
_
Auditor Signature Date
PREA Audit Report
26
■
PS 5324.12 addresses the requirements of the standard. The National PREA Coordinator reviews data compiled by each BOP facility,
from SENTRY, from each Regional PREA Coordinator, from the Information, Policy, and Public Affairs Division of the BOP and from the
Office of Internal Affairs and issues a report to the Director on an annual basis. Facility data is maintained in locked files or on computer
data bases that are user ID and password protected. Agency PREA data is securely retained and is published on the BOP website after
removing all personal identifying information. The required reports cover all data required in this standard and is retained in a file.
Compliance with this standard was determined by a review of policy, documentation and staff interviews.
■
■
■
William Willingham
June 15, 2017
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PREA AUDIT REPORT INTERIM FINAL ADULT PRISONS & (Federal Bureau of Prisons)

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Completed 19 July 2020

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