Fill - Free fillable PREA AUDIT REPORT INTERIM FINAL ADULT PRISONS & (New Jersey Department of Corrections) PDF form

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

Glynn Maddox

11820 Parklawn Drive, Suite 240 Rockville, MD 20852

Glynn.Maddox@nakamotogroup.com

478-278-8022

September 26 - 27, 2016

Garden State Youth Correctional Facility

98 Highbridge Rd., Yardville, NJ 08620

PO Box 11401, Yardville, NJ 08620

Houston, Texas 77052

P. O. Box 526245, Houston, TX 77052

609-298-6300

■

Derick Loury, Administrator

535

1896

1410

Maximum, Medium, Gang Minimum, Full Minimum, Community

17-30

Kippie Langford

Assistant

Superintendent

Administrator

Warden/PREA

Coordinator

Kippie.Langford@doc.nj.gov

609-298-6300

New Jersey Department of Corrections

the state of New Jersey

Whittley 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, Policy and

Planning

Jennifer.Malinowski@doc.nj.gov

609-292-4036

AUDIT FINDINGS

NARRATIVE

PREA Audit Report

The on-site Prison Rape Elimination Act (PREA) compliance audit of the Garden State Youth Correctional Facility (GSYCF), New Jersey

Department of Corrections (NJDOC), was conducted September 26-27, 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 Compliance Manager prior to the on-site visit. Much of the documentation was in the

form of NJDOC and facility written policies and documentation supporting compliance to the PREA. The Agency Head (Commissioner)

and the Agency Wide PREA Coordinator were interviewed prior to the on-site visit.

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 Agency Wide PREA Coordinator, the Administrator, the

Associate Administrator, the Assistant Superintendent/PREA Compliance Manager, and a Management Analyst. A comprehensive tour of

the entire facility was completed. The tour included the admissions and discharge area, all housing units including the youthful offender

unit, the segregation unit, the medical department, the mental health department, recreation areas, the food service department, the

maintenance department, the law library, the visitation area, and education/ programming areas. During the tour, it was noted that there

were 121 operating 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 significant "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. All areas of the facility were observed to be clean and orderly.

Fifteen randomly selected line staff were interviewed and included employees from several departments. Correctional officers and

supervisors from various shifts were included. All were very 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 Superintendent/PREA Manager, the Human Resources Manager, a Major, two Investigators, the

Nurse Manager, the Mental Health Clinical Supervisor, one Correctional Officer who supervises inmates in Segregated Housing, one

Intake Staff, one Staff who performs Screening for Risk of Victimization/Abusiveness, one Education Staff who works with Youthful

Offenders, two Correctional Officers who work with Youthful Offenders, the Retaliation Monitor, one Volunteer and two Contractors. All

staff interviewed, the contractors and the volunteer demonstrated a thorough understanding and knowledge of the PREA and their

responsibilities under the PREA compliance program, relative to their position in the organization and employment status.

Fifteen randomly selected inmates were interviewed from all housing units. One limited English Proficient inmate, one Inmate who had

disclosed prior victimization during risk screening and three youthful offenders were interviewed. During the time of the audit there were

no inmates who had self-identified as being gay, bi-sexual, transgender or intersex. There were also no inmates who had reported sexual

abuse at the facility. All of the inmates interviewed demonstrated a thorough understanding of the PREA and the prevention, protection

and reporting mechanisms and all stated they felt safe at the facility. No inmates refused to be interviewed.

A review of the investigative files of allegations filed during the previous twelve months alleging sexual abuse or sexual harassment was

conducted. There were six allegations by inmates of inmate on inmate sexual abuse or sexual harassment. All six were determined to be

either unfounded or unsubstantiated. There were two allegations of staff on inmate sexual abuse or sexual harassment that were both

determined to be unfounded. 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 or sexual harassment was made.

DESCRIPTION OF FACILITY CHARACTERISTICS

PREA Audit Report

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, appropriate treatment of offenders and by providing

services that promote successful reentry into society.

The Garden State Youth Correctional Facility (GSYCF) is located in Mercer County, Yardville, New Jersey. The location is approximately

15 minutes southeast of the state capitol in Trenton, NJ. The facility opened in 1968 and consists of a main institution and a minimum

security complex located on institutional grounds. Inmates participate in a full-day program of work, vocational training or academic

education. Academic training ranges from basic skills through high school level course offerings such as art therapy and music. Eligible

inmates may also take college classes through the NJSTEP program. The minimum security unit provides jobs on the grounds, at other

state facilities and on community work sites. Vocational training is provided in eight career areas. There is a Therapeutic Community

Program within the main building that focuses on drug and alcohol abuse treatment issues. The facility was re-accredited by the National

Commission on Correctional Health Care (NCCHC) in 2014. The facility also oversees 738 inmates in halfway house settings.

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

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. 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.

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

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NJDOC policies 001.004, 001.PSA.001 and 001.PREA.01 address the requirements of this standard. The agency has appointed a

NJDOC Director as their NJDOC PREA Coordinator. The Administrator assigned the Assistant Superintendent as the Institutional PREA

Compliance Manager (IPCM). The IPCM reports directly to the Administrator regarding all PREA related concerns. Interviews with the

Agency Wide 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. Offenders are also informed about the

program and zero-tolerance through the Inmate Handbook, a PREA 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 GSYCF 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

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NJDOC policies 001.011, 001.SEA.001 and 001.012 address the requirements of this 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 Superintendent verified 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 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.

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The facility has one housing unit, Y-Wing, totally dedicated to housing youthful offenders. All services are provided for the youthful

offenders within the housing unit, except for visitation. The youthful offenders are escorted under direct staff supervision to a visitation

area for social/family visits at a time when no adult inmates are in the hallways or using the visitation area. If any medical services are

needed for the youthful offenders, the hallways and walkways are cleared of any adult inmates prior to the youthful offender being

escorted under direct staff supervision to the medical department. If the need arises to place a youthful offender in segregated housing,

this is done within Y-Wing also. During the audit the population of this unit was three youthful offenders. Interviews with all three youthful

offenders, two Correctional Officers assigned to Y-Wing and an education staff member assigned to Y-Wing confirmed that the youthful

offenders have total sight, sound and physical contact separation from adult inmates at all times. The youthful offenders do not share

common areas, dayroom space, recreational areas, showers or sleeping quarters with adult inmates. Compliance with this standard was

confirmed through observations within the Y-Wing unit, staff interviews and inmate interviews.

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

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NJDOC policy Basic Course for SCO-Instructional Unit 10.6 Search of Persons addresses the requirements of this 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. There were no cross-gender strip searches or visual body

cavity searches conducted during the audit period. 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. Staff interviews also confirmed that that female officers had been

trained to conduct cross-gender pat searches. Interviews with the inmates confirmed that none of them had been strip searched by

female officers. 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

gender to announce their presence when entering an inmate housing unit. Inmate interviews confirmed that female 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. 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 confirm compliance to this standard.

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NJDOC policies 004.001 and 002.003 address the requirements of this 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 of sexual abuse or sexual harassment. Interviews with first responders, medical personnel, mental health staff and

investigative staff confirmed their awareness of the prohibition for using inmate interpreters in communicating PREA matters. An interview

with a limited 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

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NJDOC policies 001.001 and 006.007 address the requirements of this 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 is in the process of adding a substantial number of additional cameras and recording devices to enhance monitoring

capabilities.

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

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NJDOC policies 006.SID.035, MED.MIL.007 and MED.MIL.005 address the requirements of this standard. Interviews with correctional

and health services personnel verified 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 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 county prosecutor’s office investigators 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 assigned to the facility and an investigator from the NJDOC central office were

interviewed and confirmed compliance to this standard.

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NJDOC policies 006.SID.014, 006.SID.035 and 006.011 address the requirements of this standard. Policy requires administrative or

criminal investigations to be completed on all allegations of sexual abuse or sexual 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 confinement

settings.

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

■

NJDOC policies 001.004 and 010.004 address the requirements of this standard. All NJDOC employees receive extensive PREA training

as new employees and are provided a pocket sized, quick series reference booklet which provides a thorough overview of the PREA and

sexual abuse victim response specifically for the NJDOC. Sections in the booklet are: an introduction to PREA; supporting the victim;

confidentiality/SID investigations; effective communications; medical/mental health; victims' bill of rights; an administrator's checklist and a

glossary of terms. Training addresses all of the topics identified in the standard. Related education is provided during annual 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 a pocket sized, quick series reference booklet 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.

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NJDOC policies 001.VOL.001, 002.005 and 006.007 address the requirements of this standard. The review of volunteer and contractor

PREA training sign in forms and a review of the information covered verified 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

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NJDOC policies, facility orientation, PREA-What You Need to Know (video), the Inmate Handbook and a SAFE handout address the

requirements of this 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 female staff routinely work in 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. Inmates also have access to a computer program (kiosk) which also provides a reporting outlet. Staff and

telephonic 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.

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NJDOC Power Point presentations on the investigation of sexual assault cases, crime scene preservation, and sexual assault protocol

address the requirements of this standard. The SID staff and local criminal investigators have received PREA specialized training

provided by the NJDOC and county prosecutor's office. 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 or investigators from the county prosecutor's office may also be involved in the process.

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.

PREA Audit Report

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NJDOC Power Point 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 or sexual 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 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 this 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.

Staff review all relevant information from other facilities and continue 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 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.

PREA Audit Report

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NJDOC policies 002.INT.001 and 005.001 address the requirements of this 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/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. Staff interviews and a review of policy 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 this standard. The GSYCF 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. Staff interviews and a review of policy 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.

PREA Audit Report

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NJDOC policies 002.001, 001.PSA.001 and 001.PREA.OMB address the requirements of this 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 sexual 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 process. 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 or sexual 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 GSYCF are not detained solely for civil immigration purposes.

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NJDOC policies 002.001 and 002.IRS.001 address the requirements of this 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 or sexual harassment made using the grievance process during the previous 12 months. Staff

interviews, inmate interviews and a review of policy 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.

PREA Audit Report

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NJDOC policy MED.MIL.007 and a SAFE handout address the requirements of this standard. Confidential support 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 or sexual

harassment to outside entities. No inmates housed in this facility are detained solely for civil immigration purposes. Staff interviews,

inmate interviews, and a review of policy 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 this standard. The website

and posted notices assist third party reporters in 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 of sexual abuse or sexual harassment would be investigated in the same manner as any other

allegation of sexual abuse or sexual harassment.

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.

PREA Audit Report

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NJDOC policies 001.PSA.001, 001.VOL.001 and PREA information for contractors address the requirements of this standard. All staff,

contractors and volunteers are required to report information or suspicion regarding sexual abuse or sexual harassment; or any staff

neglect or violation that may contribute to an incident of sexual abuse or sexual harassment or retaliation for reporting. Immediate

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. The SID investigator stated additionally that the facility is required to report any allegation of sexual abuse or

sexual harassment filed by a youthful offender to the state department of children and family services. Interviews with staff, two

contractors and a volunteer confirmed they were aware of their reporting duties. Additional compliance with all aspects of the standard

was verified through policy review.

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NJDOC policy 001.PSA.001 addresses the requirements of this standard. Staff interviews verified they were aware of their responsibilities

when they become aware or suspect that an inmate is subject to a substantial risk of imminent sexual abuse. All staff stated they would

act immediately to protect the inmate by separating and protecting the victim from the abuser and calling for assistance. Staff interviewed

stated that it was not necessary to take these steps within the previous twelve months. All staff are issued a pocket sized PREA overview

booklet that outlines their responsibilities in detail and provides additional information concerning the PREA. A review of 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.

PREA Audit Report

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NJDOC policy 001.PREA.ICM addresses the requirements of this 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 or sexual 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

notification from another facility that an inmate alleged that he was sexually abused or sexually harassed while at GSYCF. This allegation

was referred for an investigation. Compliance with this standard was confirmed through policy review and staff interviews.

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NJDOC policies 001.CSM.001 and 001.PSA.001 address the requirements of this standard. All staff interviewed were very

knowledgeable concerning their first responder responsibilities when learning of an allegation of sexual abuse or sexual harassment. All

staff stated they would immediately separate the inmates, secure the area and treat it 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, inmate interviews and staff interviews 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.

PREA Audit Report

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NJDOC policies 001.CSM.001, MED.MIL.007 and SID 014 Procedures address the requirements of this standard. A PREA pocket sized,

quick series reference booklet which provides a thorough overview of the PREA 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 or sexual 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 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.

PREA Audit Report

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NJDOC policies 001.PSA.001 and 001.PREA.ICM address the requirements of this standard. The Administrator has appointed the

Assistant Superintendent 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 twelve months prior to the

audit.

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NJDOC policies 019.002, 019.PCS.001 and 019.ADM.TCC.001 address the requirements of this standard. Policy requires staff to assess

and consider all appropriate alternatives for safeguarding alleged inmate victims of sexual abuse or sexual 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 or sexual 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. During the previous twelve months there were no inmates assigned to

involuntary segregated housing for separation from the general population. A review of policy and staff interviews confirm 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.

PREA Audit Report

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NJDOC policies 006.011, 001.CSM.01, SID 035 and SID 014 address the requirements of this 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 or sexual harassment and two allegations of staff on

inmate sexual abuse or sexual harassment made over the previous twelve months, none resulted in a referral for criminal investigation.

All of the cases were determined to be unfounded or unsubstantiated. 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 five case files of inmates alleging sexual abuse or sexual 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 Power Point PREA training for SID addresses the requirements of this 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.

PREA Audit Report

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NJDOC policies 001.PREA.AC and 001.PREA.ICM address the requirements of this standard. The facility conducts criminal and

administrative investigations. There were six allegations of inmate on inmate sexual abuse or sexual harassment over the previous twelve

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 this 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

in the past twelve 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.

PREA Audit Report

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NJDOC policies 001.003, 001.VOL.001 and PREA Information for Contractors address the requirements of this 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 facility.

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NJDOC policies Handbook of Discipline for Inmates and NJAC 10A:4-1.3 address the requirements of this 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 GSYCF 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 and other 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.

PREA Audit Report

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NJDOC policy MED.MHS.001.002 addresses the requirements of this standard. Interviews with medical and mental health 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. Compliance with this standard was confirmed through staff interviews and

policy review.

■

NJDOC policies MED EME.005, MHS.002.001 and MHS.002.010 address the requirements of this standard. The GSYCF 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 or sexual 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 GSYCF. Staff interviews and a review of policy 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

■

NJDOC policy MED.MHS.002.010 addresses the requirements of this 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 or sexual 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. Interviews with staff and policy review confirm compliance to this

standard.

■

NJDOC policies 001.005 and 001.PREA.001 address the requirements of this standard. Administrative and/or criminal investigations are

completed on all allegations of sexual abuse or 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 GSYCF 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 Superintendent 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

■

NJDOC policy 001.005 addresses the requirements of this standard. As confirmed by staff interviews and a review of documents, the

GSYCF collects accurate, uniform data for every allegation of sexual abuse or 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 this standard. The agency and the GSYCF review and assess all sexual abuse

and 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 Compliance 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

■

NJDOC policy 001.005 addresses the requirements of this 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 required in this standard and is retained in a secure file.

■

Glynn Maddox

October 31, 2016

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

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