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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
glynn.maddox@nakmotogroup.com
478-278-8022
October 24-25, 2016
Mountainview Youth Correctional Facility
31 Petticoat Lane, Annandale, New Jersey 08801
N/A
Houston, Texas 77052
P. O. Box 526245, Houston, TX 77052
908-638-6191
■
■
Sarah T. Davis, Administrator
376
1041
743 total (502 Main compound/241 full minimum unit)
Full Minimum/Gang Minimum/Medium/ Maximum
18-33
Amy Emrich
Assistant
Superintendent
Amy.Emrich@doc.nj.gov
908-638-6191
New Jersey Department of Corrections
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, Planning
and Policy
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 Mountainview Youth Correctional Facility (MYCF), New Jersey
Department of Corrections (NJDOC), was conducted October 24-25, 2016. Prior to the audit, the facility submitted the Pre-Audit
Questionnaire to the auditor with a comprehensive set of supporting documents. 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 Associate Administrator and a Management Analyst were in attendance at the meeting. A comprehensive
tour of the entire facility was completed. The tour included the admissions and discharge area, all housing units 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 147 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. 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. 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, an Investigator, a Nurse,
the Mental Health Clinical Supervisor, one Intake Staff, one Staff who performs Screening for Risk of Victimization/Abusiveness, the
Retaliation Monitor, one Volunteer and three Contractors. All employees, contractors, and volunteers interviews 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. Two limited English proficient inmates, two disabled inmates,
three inmates who had disclosed prior victimization during risk screening and and three inmates who had self-identified as being gay were
interviewed. During the time of the audit there were no inmates who had self-identified as being 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 three allegations by inmates of inmate on inmate sexual abuse or sexual harassment. There was one allegation
by an inmate of staff on inmate sexual abuse or sexual harassment. All four were determined to be unsubstantiated. 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
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, appropriate treatment of offenders and by providing
services that promote successful reentry into society.
The Mountainview Youth Correctional Facility, formerly known as the Annandale Youth Correctional Facility, is located in Annandale, New
Jersey. It is situated on 747 acres of rolling hills in Hunterdon County, Clinton Township. The State of New Jersey purchased the land in
1913 for the purpose of constructing a correctional facility.
In the spring of 1917, nineteen (19) inmates from the Rahway Reformatory were transferred to Mountainview to farm the land. The food
from the land was used for emergency purposes as a result of the conditions that existed from WWI. A labor camp comprised of one
hundred and fifty (150) state prisoners from Trenton were assigned to Mountainview in 1925 and assisted in the construction of the state
highway. The prisoners remained at the institution until the fall of 1926, at which time they returned to Trenton. By the spring of 1927,
youthful offenders from Rahway replaced the state prisoners and the institution became a youth reformatory.
A fence was added around the perimeter in the 1950’s with an addition of the full minimum unit in 1991. The facility, at one time, had a
working greenhouse, a dairy farm, a piggery, which was used for slaughtering in a butcher shop, and a cannery for all State facilities. The
cannery was used for canning fruits and vegetables, including apples from its apple orchard.
The Greyhound Program was initiated in 2002, incorporating rescue dogs from Florida and Massachusetts. The dogs live in the cells with
the inmates an average of 12 weeks and are trained with basic obedience and house training skills. The inmates are responsible for the
daily chores that come along with the maintenance and caring of the greyhounds. The dogs are then adopted out to interested families for
placement.
Currently, Mountainview is a medium security facility with an operational capacity of 1021 beds which includes a minimum security unit
with a capacity of 288 non-violent, short term inmates. The facility employs approximately 385 civilian and custody staff.
The facility is responsible for providing educational, social programming, recreational activities and religious services for its population.
Offenders vary in age from 18 to 30 years old and on average, serving a term of incarceration of no more than ten (10) years. Mandatory
education is required for offenders who do not possess a high school diploma or GED in accordance with State laws and regulations
(SFEA).
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. 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. 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 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 MYCF 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 this standard. A review of the facility staffing plan for
the previous twelve 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.
N/A - Mountainview Youth Correctional Facility does not house youthful offenders.
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 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.
■
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 limited 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.
Interviews with limited English proficient inmates 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 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, observation mirrors, and electronic surveillance systems or other monitoring
technology since August 20, 2012.
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 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 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 was interviewed and confirmed compliance to this standard.
■
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
10
■
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.
■
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
11
■
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.
■
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.
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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.
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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 MYCF 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. No inmates have been placed in protective custody status during the previous twelve months. 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.
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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 that can be used
by the inmates. 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 MYCF 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. All four
allegations of sexual abuse or sexual harassment made during the previous twelve months used the grievance process. 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.
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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.
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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. Interviews with staff, three 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.
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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 were no
notifications from other facilities that an inmate alleged that he was sexually abused or sexually harassed while at MYCF. 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.
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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.
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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.
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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 three allegations of inmate on inmate sexual assault or sexual harassment and one allegation of staff on
inmate sexual abuse or sexual harassment made during the previous twelve months, none resulted in a referral for criminal investigation.
All of the cases were determined to be 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 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.
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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 three allegations of inmate on inmate sexual abuse or sexual harassment over the previous
twelve months. A review of documentation confirmed that in all three 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.
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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 twelve, 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 MYCF 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.
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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 MYCF 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 MYCF. 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
24
■
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 MYCF 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
25
■
NJDOC policy 001.005 addresses the requirements of this standard. As confirmed by staff interviews and a review of documents, the
MYCF 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 MYCF 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
26
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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
November 22, 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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