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PREA AUDIT REPORT INTERIM FINAL ADULT PRISONS & (New Jersey Department of Corrections)

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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
11820 Parklawn Drive, Suite 240 Rockville, MD 20852
william.willingham@nakamotogroup.com
301-468-6535
October 11-12, 2016
Edna Mahan Correctional Facility
30 County Rd. Clinton, NJ 08809
PO Box 4004 Clinton, NJ 08809
Houston, Texas 77052
P. O. Box 526245, Houston, TX 77052
908-735-7111
■
■
William Anderson
419
845
662
Med/Max, Medium, Gang Minimum, Full Minimum
19-78
James Slaughter
Assistant
Administrator
Administrator
Warden/PREA
Coordinator
James.Slaughter@doc.nj.gov
908-735-7111
New Jersey Department of Corrections
state of New Jersey
Whittlesey rd. Trenton, NJ 08625
) P.O. Box 863, Trenton, New Jersey 08625
609-292-4036
■
Gary Lanigan
Commissioner
Gary.Lanigan@doc.nj.gov
609-292-4036
Jennifer Malonowski
Director
Jennifer.Malinowski@doc.nj.gov
609-292-4036
AUDIT FINDINGS
NARRATIVE
PREA Audit Report
2
The on-site Prison Rape Elimination Act (PREA) compliance audit of the Edna Mahan Correctional Facility (EMCF), New Jersey
Department of Corrections (NJDOC), was conducted October 11-12, 2016. Prior to the 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. This
information was discussed with the facility PREA Manager before the on-site visit. Much of the documentation was in the form of NJDOC
and EMCF written policies and documentation supporting full compliance to the PREA.
An entrance meeting was held the first day of the audit to discuss any concerns regarding the audit process and to finalize the facility tour
and interview schedules. The following persons were in attendance: the Administrator, Assistant Administrator/PREA Manager, a
Management Analysis and a Lieutenant. A comprehensive tour of the entire facility was completed. The tour included the facility’s intake
area, all housing units, the restricted housing/protective custody unit, health care, recreation, food service, maintenance support and
education/ programming areas. During the tour, it was noted that there were ninety three video cameras with recording capabilities, PREA
information postings and staffing was observed to be clearly sufficient to ensure a safe environment for inmates and staff. No "blind spots"
were noted. Signs were posted (in English and Spanish) throughout the institution that provided PREA reporting methods, the zero
tolerance policy and other contact information. Audit notice postings with the PREA auditors’ contact information were also located in the
same areas. Informal conversations with employees and inmates regarding the PREA standards were conducted during the tour. There
were no letters mailed to the auditor as a result of the audit postings in the housing units. The facility was observed to be reasonably
clean, orderly and quiet.
A total of sixteen randomly selected staff were interviewed and included employees from several departments. Correctional officers and
supervisors from various shifts were included. All were aware of the agency’s zero tolerance policy and knew of their responsibilities to
protect inmates from sexual abuse/harassment and their duties as first responders. Specialized staff were also interviewed and included
the Administrator, Assistant Administrator/PREA Manager, a Major, the Training Lieutenant, a Health Services Supervisor, a Management
Analyst, three investigators (one investigator was a local law enforcement detective assisting the EMCF investigators), the Volunteer
Coordinator, the Social Work Supervisor, one volunteer and two contractors. All interviewed staff, the contractors and the volunteer
demonstrated an understanding of the PREA and their responsibilities under the PREA compliance program, relative to their position in
the organization and employment status.
Eighteen inmates were interviewed and were randomly selected from all housing units. One inmate self-identified as being limited English
Proficient, one was Transgender, two were disabled and one had previously reported an allegation of sexual abuse. No inmates
self-identified as Lesbian, Bi-sexual or Intersex. The total number of inmates interviewed included three who requested and were granted
interviews with the auditor. All inmates interviewed demonstrated a good understanding of the PREA program and the prevention,
protection and reporting mechanisms and stated they felt safe at the facility. No inmates refused to be interviewed.
A review of the investigative files opened during the past twelve months alleging sexual abuse or sexual harassment was conducted.
There were six allegations by inmates of inmate on inmate sexual abuse/assault. There was one allegation of staff on inmate abuse that
was an open investigation at the time of the audit. There were two forensic evidence collections by a SANE (Sexual Abuse Nurse
Examiner) provider in the community within the last twelve months.. All investigations were completed promptly, thoroughly and were well
documented.
 
The auditor concluded, through interviews and a review of policies and documentation, that all staff and inmates were very knowledgeable
concerning their responsibilities regarding the Prison Rape Elimination Act. During the interviews, the inmates acknowledged that they
received information about the facility's zero tolerance policy against sexual abuse upon arrival and indicated that most staff were
respectful and helpful. Staff were able to describe their specific duties and responsibilities, including being a "first responder", if an
incident occurred or an allegation of sexual abuse/sexual harassment was made.
DESCRIPTION OF FACILITY CHARACTERISTICS
PREA Audit Report
3
The mission of the New Jersey Department of Corrections is to protect the public by operating safe, secure and humane correctional
facilities. The mission is realized through effective supervision, proper classification and appropriate treatment of offenders. The Edna
Mahan Correctional Facility houses state-sentenced adult female offenders (only facility of this type in the state). It is located in Union
Township, Hunterdon County, New Jersey. Opened in 1913, EMCF provides a campus-like setting with an inmate reception area,
housing units, an infirmary and various support buildings. In terms of security designation, there are two compounds – minimum and
maximum/medium. There is a third housing compound for inmates with varying classifications with special mental health needs.
Additionally, the EMCF has a unit dedicated to drug and alcohol treatment. Programming includes religious programs, recreation, dog
training and academic programming from basic education and high school equivalency to college courses. Vocational opportunities
include food service and cosmetology as well as Bureau of State Use Industries shops specializing in clothing. Psychiatric, psychological
and social services are available on an individual and group basis. Inmates perform a variety of jobs at the EMCF including work
assignments in food service, sanitation, canteen, legal services, the laundry and other facility support programs. The facility is responsible
of providing daily intake examinations including medical, dental, educational, classification and psychological evaluations as part of the
initial classification process. Once this process is completed, inmates are then placed in a housing unit/program that best suits their
security, educational, medical, psychological or other needs, usually within a few days. The EMCF also houses parole violators awaiting a
revocation hearing or other disposition.
SUMMARY OF AUDIT FINDINGS
Number of standards exceeded:
Number of standards met:
Number of standards not met:
Number of standards not applicable:
PREA Audit Report
4
When the on-site audit was completed, another meeting was held with the Administrator and other staff to discuss audit findings. The
facility was found to be fully compliant to the PREA, and exceeded compliance involving one standard. One standard was also
determined to be not-applicable. The auditor had been provided with extensive and lengthy files prior to and during the audit for review to
support a conclusion of compliance to the PREA. All interviews also supported compliance. The facility staff were found to be extremely
courteous, cooperative and professional. Staff morale appeared to be good and the observed staff/inmate relationships were seen as
appropriate. All areas of the facility were observed to be clean and reasonably well maintained, especially considering the age of the
facility. At the conclusion of the audit, the auditor thanked the Administrator and staff for their hard work and dedication to the PREA audit
process.
1
41
0
1
Standard 115.11 Zero tolerance of sexual abuse and sexual harassment; PREA Coordinator
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 115.12 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.
PREA Audit Report
5
■
NJDOC policies 001.004, 001.PSA.001 and 001.PREA.01 address the requirements identified in the standard. The agency has appointed
a NJDOC Director as their NJDOC PREA Coordinator. The Administrator assigned the Assistant Administrator as the institution PREA
compliance manager (IPCM). The IPCM reports directly to the Administrator regarding all PREA related concerns. Interviews with a
Management Analyst (representing the PREA coordinator) and the 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. Offenders are informed orally about the zero-tolerance policy and the PREA program during in-processing
procedures, by viewing a video and during admission and orientation procedures. The video is offered in English and in Spanish, and is
also normally shown several times daily on the EMCF TV channel (the video was not operational at the time of the audit). Offenders are
also informed about the program and zero-tolerance in the Inmate Handbook, a pamphlet and through postings throughout the facility. All
written documents are available in English and Spanish. Other interpretive services are available for inmates who do not speak or read
English or Spanish. All interviews with staff, the volunteer, the contractors and inmates confirmed that each was aware of the
zero-tolerance policy towards all forms of sexual abuse/harassment.
■
The agency meets the requirements of this standard. A review of the documentation submitted (contracts) confirmed the agency requires
other entities contracted for the confinement of inmates (“halfway houses” and similar programs) 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 EMCF does not 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
■
NJDOC policies 001.011, 001.SEA.001 and 001.012 address the requirements of the standard. A review of the facility staffing plan for the
previous 12 months confirmed that PREA issues were considered when filling positions. Interviews with the Administrator and Assistant
Administrator confirmed that the facility considers the items detailed in the standard when developing the staffing plan. The facility and the
agency review the staffing plan on a regular basis. The IPCM is a member of the committee that reviews staffing and may provide input
as to whether adjustments to the staffing plan may be required to meet PREA requirements. There have been no judicial findings of
inadequacy, findings of inadequacy from Federal investigative agencies or findings of inadequacy from internal or external oversight
bodies. All essential posts are filled each shift and no essential posts are kept open for salary savings. Overtime is used as needed. A
review of the unannounced PREA rounds logs confirmed that intermediate-level or higher-level supervisors (Majors) conduct and
document unannounced rounds. Staff do not alert other employees regarding unannounced rounds and they are conducted on a random
basis. Interviews with housing unit officers also confirmed that unannounced rounds are conducted by administrative staff with no
warning.
Not Applicable - The EMCF does not house youthful inmates.
Standard 115.15 Limits to cross-gender viewing and searches
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 115.16 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.
PREA Audit Report
7
■
NJDOC policy Basic Course for SCO-Instructional Unit 10.6 Search of Persons address the requirements of the standard. The facility’s
rated capacity exceeds 50 inmates. The facility does not permit cross-gender strip searches or cross-gender visual body cavity searches,
except in exigent circumstances or when performed by medical practitioners. Interviews with staff confirmed that they were aware of the
prohibition of strip searches of the inmates of the opposite sex except in exigent circumstances. There were no cross-gender strip
searches or visual body cavity searches conducted during the audit period. Staff interviews also confirmed that that male officers had
been trained to conduct cross-gender pat searches. Interviews with the inmates confirmed that none of them had been strip searched by
male officers. Inmate interviews confirmed that inmates are not delayed or prohibited from attending regularly available programming or
other out-of-cell opportunities in order to comply with the standard. As confirmed by observation during the tour of all housing units,
inmates are permitted to shower, perform bodily functions and change clothing without cross-gender viewing of their breasts, buttocks or
genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks. The agency and facility have policy
and procedures requiring staff of the opposite sex to announce their presence when entering an inmate housing unit. Inmate interviews
confirmed that male staff announce their presence when entering housing units where inmates are housed. The practice was observed
during the tour of the facility. Staff do not search or physically examine a Transgender or Intersex inmate for the sole purpose of
determining the inmate’s genital status. The interviewed Transgender inmate housed at the EMCF stated she had been afforded
significant privacy from all staff, felt safe and was allowed to shower alone. Interviews with inmates confirmed that most had been
pat-searched by officers but the search was always conducted in a professional and respectful manner, and in the least intrusive manner
possible. Staff interviews and a review of policy/documentation also confirm compliance to this standard.
■
NJDOC policies 004.001 and 002.003 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. All PREA related information, including postings, brochures and handouts, are
available in English and in Spanish. Telephonic/video translation services are available through Language Line Solutions for inmates who
are not English proficient. 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 the investigation of
an inmate’s allegations. Interviews with first responders, medical personnel, mental health staff and investigative staff confirmed their
awareness of the prohibition for using inmate interpreters for PREA functions. An interview with a non-English proficient inmate confirmed
the availability of translation services.
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
■
NJDOC policies 001.001 and 006.007 govern the requirements of the standard. All employees who have contact with inmates have what
is described as a full background investigation in addition to finger printing and an inquiry into federal and state data banks. 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. 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 sexual abuse in a
prison, jail, lockup, community confinement facility, juvenile facility or other institution. This prohibition includes anyone who has been
convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force or
coercion, or if the victim did not consent or was unable to consent or refuse or has been civilly or administratively adjudicated to have
engaged in such activity. The facility considers all incidents of sexual harassment in determining whether to hire or promote anyone, or to
enlist the services of any volunteer or contractor, who may have contact with inmates. Employees have a duty to disclose such
misconduct and material omissions regarding such misconduct, or the providing of materially false information, is grounds for termination.
Submission of false information by any applicant is grounds for not hiring the applicant. The Human Resources Manager confirmed that
the agency attempts to contact prior employers for information on substantiated allegations of sexual abuse/harassment or resignations
which occurred during a pending investigation of sexual abuse/harassment. The agency may provide information on substantiated
allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an institutional employer for
whom such employee has applied to work, in accordance with state regulations. Other staff interviews and a review of
policy/documentation confirm compliance to this standard.
■
The facility has not had any substantial expansion or modification of existing facilities since August 20, 2012. However, there has been
the installation of updated video monitoring systems, electronic surveillance systems, or other monitoring technology since August 20,
2012. The facility has also requested additional cameras.
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
■
NJDOC policies 006.SID.035, MED.MIL.007 and MED.MIL.005 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 the Special Investigative Division (SID) staff conducted
investigations relative to sexual abuse allegations. The agency follows a similar 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 local hospital for further examination, treatment and
forensic evidence gathering by a SANE (Sexual Assault Nurse Examiner) trained nurse. These services are required by state law, and do
not require a Memorandum of Understanding or similar agreement. A legally mandated SART (Sexual Abuse Response Team) would
also be activated. All sexual abuse advocacy, examinations, treatment, testing and follow-up care is provided without cost to the victim.
The facility also has access to a local victim advocacy organization if needed. Mental health staff members may also act as victim
advocates. The appropriate staff may provide follow up mental health services. Routinely, trained investigators (SID) who are full time
employees of the facility conduct all investigations. The local prosecutor’s office investigators (local law enforcement investigator was also
interviewed) may also be involved in criminal investigations. A review of training records confirmed that the SID staff have received
training on the investigation of sexual abuse and harassment in confinement settings. An investigator, SANE nurse and local victim
advocate were interviewed and confirmed compliance to this standard.
■
NJDOC policies 006.SID.014, 006.SID.035 and 006.011 cover the requirements of the standard. Policy requires administrative or criminal
investigations to be completed on all allegations of sexual abuse/harassment. Administrative and criminal investigations are routinely
assigned for completion by SID staff. If, during the course of an investigation, evidence surfaces indicating criminal misconduct, the case
would be investigated, local law enforcement advised (and may assist) and the county prosecutor would be contacted. An SID
investigator was interviewed and was aware of his responsibilities in the investigative process. A review of training documents also
confirmed that facility investigators received instruction in conducting sexual assault investigations in confined spaces/prisons. Also, an
interview with a local law enforcement detective confirmed compliance to this standard.
Standard 115.31 Employee 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.
Standard 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.
PREA Audit Report
10
■
NJDOC policies 001.004 and 010.004 address the requirements of the standard. All NJDOC employees receive extensive PREA training
as new employees and are provided a pamphlet outlining the important aspects of the zero-tolerance policy and other information.
Training addresses all of the topics identified in the standard. Related education is provided annually during refresher training. The
review of lesson plans, training logs and PREA presentations confirmed that the provided training substantially addressed all elements
identified in the standard. Staff must acknowledge in writing their understanding of the PREA. As confirmed by observation and
interviews, all staff are issued pamphlets detailing their duties and responsibilities related to the PREA. Staff 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 extensive staff knowledge of the PREA indicates the facility has exceeded compliance to this standard.
■
NJDOC policies 001.VOL.001, 002.005 and 006.007 address the requirements of the standard. The review of volunteer and contractor
PREA training sign in forms and a review of the information covered 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. All training is documented. 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
program. The review of the PREA contractor and volunteer training presentation confirmed that the level of training is appropriate for the
services provided and emphasizes the facility’s zero-tolerance and reporting policies.
Standard 115.33 Inmate education
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 115.34 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.
PREA Audit Report
11
■
NJDOC policies Orientation at EMCF (video), Orientation at Receiving Facility, PREA-What You Need to Know (video), the Inmate
Handbook and a SAFE handout address the requirements of the standard. During in-processing procedures, each inmate receives written
and video information describing the agency’s entire PREA compliance policy and procedures. The orientation process identifies the key
elements of the program and informs them of the zero-tolerance policy regarding sexual abuse and sexual harassment and multiple ways
to report sexual abuse/harassment. The information also informs the inmate that male staff routinely work and visit the housing units. The
program includes definitions of sexually abusive behavior and sexual harassment, prevention strategies and reporting modalities. Inmates
also view comprehensive orientation videos that explain the facility’s zero-tolerance policy and covers the inmate’s right to be free from
sexual abuse, sexual harassment and retaliation. A video is also normally shown several times a day on the EMCF TV channel that
covers PREA issues (it was awaiting repair at the time of the audit). Inmates also have access to a computer program (kiosk) which also
provides a reporting outlet. Staff and telephonic/video translation services are available to inmates who are not proficient in English.
Inmate interviews confirmed that they received extensive 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 and common areas. Staff interviews and a review
of policy/documentation also confirm compliance to this standard.
■
NJDOC PowerPoint presentations on the processing of sexual assault cases, crime scene preservation, SID training and sexual assault
protocol address the requirements of the standard. The SID staff and local criminal investigators have received PREA specialized training
provided by the NJDOC and county prosecutor. The auditor reviewed specialized training documentation, to include the SID training
curriculum and interviewed SID staff, who confirmed the required level of training received. Administrative and criminal investigations may
be conducted by trained investigators who are full time employees of the facility. When criminal investigations are indicated, local police
investigators may also be involved in the process. A local law enforcement investigator was also interviewed concerning 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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NJDOC PowerPoint presentations on PREA training for medical staff cover the requirements of this standard. When required, both
medical and mental health providers are available to address allegations of sexual abuse/harassment. The review of medical and mental
health personnel training records confirmed that health care staff receive extensive PREA training 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. The review of training records
confirmed that all mental health and medical staff have 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 local hospital where SANE nurses are available at all times (a
SART would also be activated). Interviews with a SANE nurse, medical and mental health staff confirmed compliance to this standard.
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NJDOC policies MED.IMA.001 and MED.MHS.002 address 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 admission
area. Also during in-processing procedures, all inmates are asked to provide information in compliance with the requirements of this
standard. Policy prohibits disciplining inmates for refusing to answer or for not disclosing complete information during the screening. A
nurse and social worker screen all new arrivals within the first 72 hours of the inmate’s arrival, ordinarily within four hours of admission. A
review of documents 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. Staff also conduct screenings by reviewing records or other information from other facilities
(usually from local jails). Staff review all relevant information from other facilities and continue to reassess an inmate's risk level within 30
days of her arrival. Staff and inmate interviews, a review of documentation and observations of the intake process confirmed this
information. Information received during the screening is only available to staff with a need or right to know and never to other inmates.
Standard 115.42 Use of screening information
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 115.43 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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NJDOC policies 002.INT.001 and 005.001 address 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. A committee at the NJDOC level 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 and whether a placement would ensure the inmate’s health, safety and whether the placement would
present management or security problems. Placement and programming assignments for each Transgender or Intersex inmate would be
reassessed at least once every six months. Transgender or Intersex inmate’s own views with respect to his or her own safety would be
given serious consideration when making these assignments. By policy, Transgender and Intersex inmates are given the opportunity to
shower, dress and use toilet facilities separately from other inmates. There was one Transgender inmate housed at the EMCF
interviewed by the auditor during the audit. She stated she was allowed to shower and dress alone and was afforded significant privacy
otherwise. An interview with the Management Analyst confirmed the aforementioned information and that a Transgender or Intersex
inmate’s genital status is not the sole criteria for placement in a specific facility. Other staff interviews and a review of
policy/documentation confirm compliance to this standard.
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NJDOC policies 019.002, 019.PCS.001 and 019.ADM.TCC.001 address the requirements of the standard. The EMCF operates a special
housing unit (SHU) which would be considered protective custody. Policy states inmates at a 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. When protection from an alleged abuser is necessary, the inmate would be transferred to another
housing unit. Interviews with staff and an inspection of the facility confirmed compliance to this standard. The facility would document the
entire process to protect the inmate. Mental health and medical staff would be consulted if necessary to ensure the health and safety of
the inmate. Other staff interviews and a review of policy/documentation confirm compliance to this standard.
Standard 115.51 Inmate 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.
Standard 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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NJDOC policies 002.001, 001.PSA.001 and 001.PREA.OMB 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 Inmate Handbook, postings in the housing
units and common areas and as part of the orientation video. Inmates also have access to a computer program (kiosk) which also
provides a PREA reporting outlet. During the tour of the facility, kiosk terminals were observed in the housing units. The tour of the facility
also confirmed that there were numerous posters and other documents 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 also report sexual abuse/harassment by using the NJDOC
website or by calling or writing staff. All inmates interviewed confirmed that they were aware of several methods of reporting sexual
abuse/harassment allegations. Inmates at the EMCF are not detained solely for civil immigration purposes.
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NJDOC policies 002.001 and 002.IRS.001 address the requirements of the standard. Any grievance alleging a PREA violation would
result in the opening of a formal investigation. However, inmates who allege sexual abuse may submit a grievance without submitting it to
a staff member who is the subject of the complaint. 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 for investigation in accordance with procedures established for such referrals (may also involve local law enforcement). Policy
addresses the filing of emergency grievance requests. There is no prohibition that limits third parties, including fellow inmates, staff
members, family members, attorneys and outside advocates, in assisting inmates in filing grievances relating to allegations of sexual
abuse and are permitted to file such requests on behalf of inmates. Policy does not prohibit the agency from disciplining an inmate for
filing a grievance related to alleged sexual abuse, where the agency demonstrates that the inmate filed the grievance in bad faith. There
were no allegations of sexual abuse/harassment made using the grievance process over the previous 12 months. Staff/inmate interviews
and a review of policy/documentation also confirm compliance to this standard.
Standard 115.53 Inmate access to outside confidential support 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.
Standard 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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NJDOC policy MED.MIL.007 and a SAFE handout cover the requirements of the standard. Confidential counseling services are available
through trained staff or may be provided by a local victim advocacy organization. The facility enables reasonable communication between
inmates and outside organizations and agencies in as confidential a manner as possible. However, inmates are informed as part of their
orientation process that all mail and telephone calls are subject to monitoring. Postings in the housing units and common areas and the
Inmate Handbook provide information and explain that inmates may confidentially submit written allegations of sexual abuse/harassment
to outside entities. No inmates housed in this facility are detained solely for civil immigration purposes. Staff and inmate interviews and a
review of policy/documentation confirm compliance to this standard.
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Information contained on the NJDOC website and posted notices in the facility address the requirements of the standard. The website
and posted notices assist third party reporters on how to report allegations of sexual abuse. Interviews with staff and inmates confirmed
that they were aware that anonymous and third party reporting procedures were available. An interview with the facility SID investigator
confirmed that third party allegations would be investigated.
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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NJDOC policies 001.PSA.001, 001.VOL.001 and PREA information for contractors address the requirements of the standard. All staff,
contractors and volunteers are required to report information or suspicion regarding sexual abuse or harassment or any staff neglect or
violation that may contribute to an incident or retaliation. The reporting is ordinarily made to the shift supervisor. 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, a contractor and a
volunteer 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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NJDOC policy 001.PSA.001 covers 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 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 and calling for assistance. Interviewed staff
indicated that it was not necessary to take these steps within the last year. All staff are issued a pocket size PREA information document
that outlines their responsibilities and provides additional information. A review of documentation/policy also confirmed 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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NJDOC policy 001.PREA.ICM 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 Administrator of the facility where the incident is alleged to have occurred, by the
Administrator of the facility in which the inmate is currently housed. When the inmate reports sexual abuse/harassment from jails and
“half-way houses”, the Administrator contacts the facility as required. 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 was one inmate who
alleged that she was sexually abused/harassed at another facility, resulting in a notification. The Administrator maintains a log of such
notifications. When notified by other Administrators that an inmate alleges they were sexually abused/harassed at the EMCF, the
Administrator would initiate an investigation.
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NJDOC policies 001.CSM.001 and 001.PSA.001 address the requirements of the standard. All staff interviewed were knowledgeable
concerning their first responder responsibilities 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 their supervisor
immediately. All staff are issued a pocket sized PREA information document for quick reference. Policy review and inmate/staff
interviews also confirm compliance to this standard.
Standard 115.65 Coordinated response
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 115.66 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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NJDOC policies 001.CSM.001, MED.MIL.007 and SID 014 Procedures address the requirements of the standard. A PREA information
document is issued to all employees which also provides guidance regarding the expected coordinated actions to take place in response
to an incident of sexual abuse/harassment. The policies provide direction to security, medical and mental health practitioners,
investigators, community providers/advocates, the SART and facility leadership. Staff interviews confirmed that they were knowledgeable
regarding their responsibilities in the coordinated response.
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The Collective Bargaining Agreements between the NJDOC and eight employee unions was reviewed and does not limit the agency’s
ability to remove alleged staff sexual abusers from contact with any inmates. This action may occur pending the outcome of an
investigation or concerning a determination of whether and to what extent discipline is warranted. Staff interviews also confirmed
compliance to this standard.
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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NJDOC policies 001.PSA.001 and 001.PREA.ICM address the requirements of the standard. The Administrator has appointed the
Assistant Administrator as the Retaliation Monitor. When interviewed, the Retaliation Monitor stated monitoring would occur for a
minimum of at least 90 days, unless initial monitoring indicates a continuing need. This monitoring may last indefinitely and would be
documented. Periodic monitoring would include a review of job changes, housing/program changes, disciplinary reports, reassignments of
staff and negative performance reviews. There were no suspected or actual incidents of retaliation reported for the year prior to the audit.
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NJDOC policies 019.002, 019.PCS.001 and 019.ADM.TCC.001 address 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 transferring the inmate to another housing unit. Interviews with staff
and the tour of the facility confirmed that there are viable alternatives to placing victims of sexual abuse/harassment in formal protective
custody. Inmates who allege to have suffered sexual abuse would be placed alone in a restricted housing cell for immediate protection,
then transferred to another housing unit. Over the previous 12 months there were no inmates transferred for the issues referenced in this
standard. A review of policy and staff interviews also supports compliance to this standard.
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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NJDOC policies 006.011, 001.CSM.01, SID 035 and SID 014 address the requirements of the standard. The institution’s Special
Investigation Division (SID) conducts criminal and administrative investigations within the facility (local law enforcement may also be
involved). Although there were six allegations of inmate on inmate sexual assault/harassment made over the previous 12 months, one
resulted in a referral for criminal investigation. That case was open at the time of the audit. 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-telling device or procedure as a condition for
proceeding with the investigation of such an allegation. The review of six case files of inmates alleging sexual abuse/harassment revealed
that all investigations were completed promptly and thoroughly. A review of policy, documentation and an interview with SID staff
confirmed compliance to this standard.
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The NJDOC PowerPoint PREA training for SID 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. Investigators were aware of
the evidence standard.
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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NJDOC policies 001.PREA.AC and 001.PREA.ICM address the requirements of the standard. The facility conducts criminal and
administrative investigations. There were six allegations of inmate on inmate sexual abuse/harassment over the previous 12 months. A
review of documentation confirmed that in all six instances, the inmate was 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. A review of policy, documentation and
an interview with SID staff confirmed compliance to this standard.
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NJDOC Human Resources Bulletin 84-17 addresses the requirements of the standard. Staff are subject to disciplinary sanctions for
violating agency sexual abuse or sexual harassment policies. There have been no confirmed cases of inmates engaging in sex with staff
(one case of this nature was open at the time of the audit) in the past 12 months. The Collective Bargaining Agreements between the
NJDOC and eight employee unions does not limit the agency’s ability to remove alleged staff sexual abusers from contact with any
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 are reported to law enforcement agencies and to any relevant professional/certifying/licensing
agencies by the NJDOC, unless the activity was clearly not criminal. Interviews with staff and a review of policy confirm compliance to this
standard.
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.
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NJDOC policies 001.003, 001.VOL.001 and PREA Information for Contractors address the requirements of the standard. Any contractor
or volunteer who engages in sexual abuse would be prohibited from contact with inmates and would be reported to law enforcement
agencies 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 any 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 EMFC.
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NJDOC policies Handbook of Discipline for Inmates and NJAC 10A:4-1.3 cover 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 a very serious prohibited
act. Consensual sex of any nature is prohibited and 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 by the
inmate discipline program. The EMCF 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 and other staff and a review of policy 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. Staff interviews and a review of policy/documentation confirm compliance to this standard.
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.
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NJDOC policy MED.MHS.001.002 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 and has the capacity to provide
continued re-assessment and follow-up services. The review of completed medical and mental health forms confirmed that inmates who
disclosed prior victimization during screening were offered a follow up meeting with medical or mental health staff. Treatment services are
offered without financial cost to the inmate. As confirmed by observation and a review of intake processing documents, screening for prior
sexual victimization in any setting is conducted by medical and social worker staff during in-processing procedures. In-processing
procedures also screen for previous sexual assaultive behavior in an institutional setting or in the community. Staff ensure that the inmate
is offered a follow-up meeting with a mental health practitioner. 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. Informed consents are obtained from inmates before reporting about prior sexual victimization
that did not occur in an institutional setting, in accordance with state regulations. The facility does not house inmates under the age of 18.
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NJDOC policies MED EME.005, MHS.002.001 and MHS.002.010 address the requirements of the standard. The EMCF medical and
mental health staff provide services in compliance to this standard. 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 health care facility in
the community when health care needs exceed the level of care provided at the facility. Victim advocacy is offered through a community
provider or trained staff members. There is no financial cost to the inmate for any sexual abuse/harassment treatment for medical, 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 and
medical services would be provided at the EMCF. Within the last year, there were two inmates requiring a SANE exam and the activation
of a SART. Staff interviews and a review of policy/documentation confirm compliance to this standard.
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
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NJDOC policy MED.MHS.002.010 addresses the requirements of the standard. As confirmed by the review of policy and documentation,
the facility offers 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. 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 a fully staffed medical and mental health department and offers sexual abuse/harassment victims with medical and mental
health services consistent with the standard of care available in the community. Offenders, if abused 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 within 30 days of learning of such abuse history. When appropriate,
treatment is offered by mental health practitioners. The facility does not house male or youthful inmates. Interviews with staff also confirm
compliance to this standard.
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NJDOC policies 001.005 and 001.PREA.001 address the requirements of the standard. Administrative and/or criminal investigations are
completed on all allegations of sexual abuse/sexual harassment. The SID investigators conduct all investigations and may request
assistance from local law enforcement officials. An interview with the SID investigator confirmed that he was knowledgeable concerning
the requirements of the program and that he would provide information to the incident review team. The EMCF conducts a sexual abuse
incident review at the conclusion of every sexual abuse investigation, unless the allegation was determined to be unfounded. The review
team consists of executive level staff assigned by the Administrator. 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 should be added to enhance staff supervision. The facility implements the recommendations for improvement or
documents its reasons for not doing so. All required reviews were completed in a timely manner. The Assistant Administrator was
interviewed and confirmed compliance to this standard.
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
■
NJDOC policy 001.005 addresses the requirements of the standard. As confirmed by staff interviews and a review of documents, the
EMCF 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 facility’s SID staff and the NJDOC’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.
■
NJDOC policy 001.005 addresses the requirements of the standard. The agency and the EMCF review and assess 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 PREA Manager forwards data to
the PREA Coordinator for analysis and further processing. An annual report is prepared and placed on the NJDOC website. The auditor
reviewed the annual report data.
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
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NJDOC policy 001.005 addresses the requirements of the standard. The PREA Coordinator reviews data compiled by each facility and
issues a report to the Commissioner 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 website after removing all personal
identifying information. The required reports cover all data noted in this standard and is retained in a secure file.
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William Willingham
October 29, 2016
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PREA AUDIT REPORT INTERIM FINAL ADULT PRISONS & (New Jersey Department of Corrections)

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Completed 14 August 2020

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