SOP_NUMBER: 208.06
TITLE: Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and Intervention Program
DIVISION: Executive Division (Office of Professional Standards)
TOPIC_AREA: 208 Policy-Compliance Unit
EFFECTIVE_DATE: 2022-06-23
WORD_COUNT: 11970
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105640
URL: https://gps.press/sop-data/208.06/
SUMMARY:
This policy establishes a zero-tolerance approach to all forms of sexual abuse, sexual harassment, and sexual activity among offenders in GDC facilities. It provides guidelines for staff to detect, prevent, and respond to sexual abuse involving both offender-perpetrator and staff-perpetrator cases, and establishes procedures for protecting vulnerable offenders, investigating incidents, and disciplining or prosecuting perpetrators in compliance with federal PREA standards.
KEY_TOPICS: PREA, Prison Rape Elimination Act, sexual abuse, sexual harassment, sexual assault, offender safety, staff misconduct, sexual abuse incident review, victim protection, perpetrator investigation, retaliation prevention, vulnerable offenders, institutional security, PREA coordinator, sexual abuse response
ATTACHMENTS:
1. Sexual Abuse_Sexual Harassment Prison Rape Elimination Act Education Acknowledgement Statement
URL: https://gps.press/sop-data/208.06-att-1/
2. PREA Sexual Victim_Sexual Aggressor Classification Screening Instrument
URL: https://gps.press/sop-data/208.06-att-2/
3. PREA Disposition Offender Notification Form
URL: https://gps.press/sop-data/208.06-att-3/
4. Sexual Allegation Response Checklist
URL: https://gps.press/sop-data/208.06-att-4/
5. Procedure for SANE Evaluation/Forensic Collection
URL: https://gps.press/sop-data/208.06-att-5/
6. PREA Investigative Summary
URL: https://gps.press/sop-data/208.06-att-6/
7. PREA Local Procedure Directive and Coordinated Response Plan
URL: https://gps.press/sop-data/208.06-att-7/
8. Retaliation Monitoring Checklist
URL: https://gps.press/sop-data/208.06-att-8/
9. Sexual Abuse Incident Review Checklist
URL: https://gps.press/sop-data/208.06-att-9/
10. PREA Initial Notification Form
URL: https://gps.press/sop-data/208.06-att-10/
11. PREA Staffing Plan Template
URL: https://gps.press/sop-data/208.06-att-11/
12. PREA Victim Advocate Request Form
URL: https://gps.press/sop-data/208.06-att-12/
13. Contractor/Volunteer Verification Form – Sexual Abuse/Sexual Harassment (PREA)
URL: https://gps.press/sop-data/208.06-att-13/
14. PREA Counseling Referral Form
URL: https://gps.press/sop-data/208.06-att-14/
15. Investigative File Summary Checklist
URL: https://gps.press/sop-data/208.06-att-15/
16. Investigative File Detail Checklist
URL: https://gps.press/sop-data/208.06-att-16/
17. Prison Rape Elimination Act (PREA) Offender Brochure (English)
URL: https://gps.press/sop-data/208.06-att-17/
18. PREA Offender Brochure (Spanish)
URL: https://gps.press/sop-data/208.06-att-18/
19. Staff Guide on the Prevention and Reporting of Sexual Misconduct with Offenders
URL: https://gps.press/sop-data/208.06-att-19/
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FULL TEXT:
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|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 1 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
**I.** **Introduction and Summary:**
A. The Georgia Department of Corrections (GDC) has a zero-tolerance policy
toward all forms of Sexual Abuse, Sexual Harassment, and sexual activity among
offenders. The purpose of this policy is to strengthen the Department’s efforts to
prevent occurrences of this nature by fully adopting and implementing the U.S.
Department of Justice’s standards on the prevention, detection, and response to
Sexual Abuse in confinement facilities, in accordance with the _Prison Rape_
_Elimination Act of 2003_ (PREA). This policy provides guidelines to address the
following prohibited sexually abusive and/or harassing behavior(s):
1. Offender Perpetrator Against Offender Victim; and
2. Staff perpetrator against offender victim.
B. These guidelines are provided to assist staff in:
1. **Detecting** incidents and **identifying** perpetrators and victims of Sexual Abuse
and/or Harassment;
2. **Preventing** sexually abusive and/or harassing behavior;
3. **Protecting** vulnerable offenders from abuse and harassment from sexually
aggressive offenders;
4. **Educating** staff on how to **intervene** properly and in a timely manner;
5. **Documenting, reporting,** and **investigating** reported incidents; and
6. **Disciplining** and/or **prosecuting** perpetrators.
**II.** **Authority:**
A. O.C.G.A. § 16-6-5.1;
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 2 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
B. Prison Rape Elimination Act National Standards: 28 CFR Part 115, et seq.;
C. GDC Standard Operating Procedures (SOPs): 101.04 Records Management,
103.06 Investigation of Allegations of Sexual Contact, Sexual Abuse, and Sexual
Harassment of Offenders, 103.10 Evidence Handling and Crime Scene
Processing, 103.63 Americans with Disabilities Act (ADA), Title II Provisions,
104.09 Filling A Vacancy, 203.03 Incident Reporting, 209.01 Offender
Discipline, 209.06 Administrative Segregation, 220.09 Classification and
Management of Transgender and Intersex Offender, 227.02 Statewide Grievance
Procedure, 507.02.02 Confidentiality of the Health Record and Release of
Information, 507.04.19 Receiving Screening, 507.04.21 Health Assessment and
Medical Diagnostics, 507.04.25 Health Screening-Offender Transfers, 507.04.69
Women’s Health Services, 507.04.85 Informed Consent, 507.04.91 Medical
Management of Suspected Sexual Assault, 508.18 Mental Health Discipline
Procedures, 508.19 Mental Health Referral and Triage, and 508.22 Mental
Health Management of Suspected Sexual Abuse or Sexual Harassment; and
D. ACA Standards: 5-ACI-6A-32, 5-ACI-5B-13, 5-ACI-5B-17, 5-ACI-6C-14
(Mandatory), 5-ACI-3D-08, 5-ACI-3D-09, 5-ACI-3D-10, 5-ACI-3D-11, 5-ACI3D-12, 5-ACI-3D-13, 5-ACI-3D-14, 5-ACI-3D-15, 5-ACI-3D-16, 5-ACI-1D10, ACRS-6A-05, 4-ALDF-2A-29, 4-ALDF-4D-22-1, 4-ALDF-4D-22-2, 4ALDF-4D-22-3, 4-ALDF-4D-22-4, 4-ALDF-4D-22-5, 4-ALDF-4D-22-6, 4ALDF-4D-22-7, 4-ALDF-4D-22-8, and 4-ALDF-6A-07.
**III.** **Definitions:**
A. **Community Confinement Facility** - A state operated facility, other than a State
Prison, in which individuals reside as part of a term of imprisonment while
participating in gainful employment, employment search efforts, community
service, vocational training, treatment, educational programs, or similar facilityapproved programs during nonresidential hours. (e.g., Transitional Centers.)
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 3 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
B. **Direct Staff Supervision** - Security staff in the same room with, and within
reasonable hearing distance of, the residents or offenders and disallows youthful
offenders and adult offender communication of any kind.
C. **Exigent Circumstance** - Any set of temporary and unforeseen circumstances
that require immediate action in order to combat a threat to the security or
institutional order of a facility.
D. **Gender Nonconforming** - A person whose appearance or manner does not
conform to traditional societal gender expectations.
E. **Intersex** - A person whose sexual or reproductive anatomy or chromosomal
pattern does not seem to fit typical definitions of male or female. Intersex
medical conditions are sometimes referred to as disorders of sex development.
F. **Juvenile** - Any person under the age of 18, unless under adult court supervision
and confined or detained in a prison or jail.
G. **PREA Compliance Manager (PCM)** - An upper-level manager, designated by
the Warden, and is responsible for compliance in all facility PREA-related
operations.
H. **PREA Coordinator (PC) -** A Statewide Coordinator responsible for developing,
implementing, and overseeing agency efforts to comply with the PREA standards
in all of its facilities.
I. **Retaliation Monitor** - A staff member, designated by the Warden, who is
responsible for the prevention, detection, and reporting of any retaliatory actions
taken against staff or offenders that report PREA allegations.
J. **Sexual Abuse Incident Review Team (SAIRT)** - A team that consists of upper
level management representatives. SART members may be part of the SAIRT,
however, the SAIRT shall not be solely comprised of SART members. Line
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 4 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
supervisors and other staff members may be designated as SAIRT members at
the discretion of the Warden/Superintendent of the facility.
K. **Sexual Abuse/Harassment Response Team** ( **SART)** - A team that consists of a
locally composed multi-disciplinary team, with both security and non-security
staff, who work together to fulfill the guidelines defined in section I of this
policy. This team includes but is not limited to:
1. SART Investigator;
2. SART Medical;
3. SART Mental Health;
4. Facility/ Internal Victim Advocate; and
5. Retaliation Monitor.
L. **Sexual Abuse by Offender** - Sexual Abuse of an offender, detainee, or resident
by another offender, detainee, or resident includes any of the following acts if the
victim does not consent, is coerced into such act by overt or implied threats of
violence, or is unable to consent or refuse:
1. Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight;
2. Contact between the mouth and the penis, vulva, or anus;
3. Penetration of the anal or genital opening of another person, however slight,
by a hand, finger, object, or other instrument; and
4. Any other intentional touching, either directly or through the clothing, of the
genitalia, anus, groin, breast, inner thigh, or the buttocks of another person,
|GEORGIA DEPARTMENT OF CORRECTIONS
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|---|---|---|
|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 5 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
excluding contact incidental to a physical altercation.
M. **Sexual Abuse by a Staff Member, Contractor, or Volunteer** - Sexual Abuse
of an offender, detainee, or resident by a staff member, contractor, or volunteer
includes any of the following acts, with or without consent of the offender,
detainee, or resident:
1. Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight;
2. Contact between the mouth and the penis, vulva, or anus;
3. Contact between the mouth and any body part where the staff member,
contractor, or volunteer has the intent to abuse, arouse, or gratify sexual
desire;
4. Penetration of the anal or genital opening, however slight, by a hand, finger,
object, or other instrument, that is unrelated to official duties or where the
staff member, contractor, or volunteer has the intent to abuse, arouse, or
gratify sexual desire;
5. Any other intentional contact, either directly or through the clothing, of or
with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is
unrelated to official duties or where the staff member, contractor, or volunteer
has the intent to abuse, arouse, or gratify sexual desire;
6. Any attempt, threat, or request by a staff member, contractor, or volunteer to
engage in the activities described in paragraphs (1) through (5) of this
definition;
7. Any display by a staff member, contractor, or volunteer of his or her
uncovered genitalia, buttocks, or breast in the presence of an offender,
detainee, or resident;
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 6 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
8. Voyeurism by a staff member, contractor, or volunteer. Voyeurism by a staff
member, contractor, or volunteer means an invasion of privacy of an
offender, detainee, or resident by staff for reasons unrelated to official duties.
N. **Sexual Harassment** includes:
1. Repeated and unwelcome sexual advances, requests for sexual favors, or
verbal comments, gestures, or actions of a derogatory or offensive sexual
nature by one offender, detainee, or resident directed toward another; and
2. Repeated verbal comments or gestures of a sexual nature to an offender,
detainee, or resident by a staff member, contractor, or volunteer, including
demeaning references to gender, sexually suggestive or derogatory comments
about body or clothing, or obscene language or gestures.
O. **Special Agent in Charge (SAC)** - An investigator who works for the Office of
Professional Standards (OPS) who is responsible for any criminal investigation
into a PREA allegation, should such investigation be deemed appropriate.
P. **Substantiated Allegation** - An allegation that was investigated and determined
to have occurred.
Q. **Transgender** - A person whose gender identity (i.e., internal sense of feeling
male or female) is different from the person’s assigned sex at birth.
R. **Unfounded Allegation** - An allegation that was investigated and determined not
to have occurred.
S. **Unsubstantiated Allegation** - An allegation that was investigated and the
investigation produced insufficient evidence to make a final determination as to
whether or not the event occurred.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 7 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
T. **Youthful Offender** - Any person under the age of 18 who is under adult court
supervision and incarcerated or detained in a prison or jail.
**IV.** **Statement of Policy and Applicable Procedures:**
The Department hereby adopts, implements, and follows the standards outlined in
the _Prison Rape Elimination Act_ (PREA) Standards found at 28 CFR Part 115.
Through the adoption of the PREA Standards, the Department seeks to eliminate
Sexual Abuse and Sexual Harassment of offenders in custody. The Department
tolerates no form of Sexual Abuse or Sexual Harassment of any offender.
Offenders who Sexually Abuse another offender will be disciplined in accordance
with SOP 209.01 Offender Discipline and referred for criminal prosecution.
Offenders who engage in Sexual Harassment, consensual sexual contact with another
offender, attempt to engage in or solicit such contact, or help another engage in
sexual contact with an offender will be disciplined in accordance with SOP 209.01
Offender Discipline.
Staff members who engage in Sexual Abuse or Sexual Harassment of an offender
will be subject to disciplinary action, up to and including termination and banishment
from all Georgia correctional institutions, whichever action is applicable.
Additionally, staff members who engage in Sexual Abuse of an offender will be
subject to criminal prosecution. Pursuant to O.C.G.A. § 16-6-5.1, it is a felony for
correctional staff to have sexual contact with an offender.
A. **Prevention Planning:**
1. The Department shall employ or designate an upper-level, Department PREA
Coordinator with sufficient time and authority to develop, implement, and
oversee Department efforts to comply with the PREA standards in all
facilities.
The Warden/Superintendent at each institution must ensure that all aspects of
this policy are implemented. Each facility shall have an assigned PREA
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 8 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
Compliance Manager, who has sufficient time and authority to coordinate the
facility’s efforts to comply with PREA standards.
The Warden/Superintendent shall maintain a current written Attachment 7,
PREA Local Procedure Directive and Coordinated Response Plan to provide
instruction for responses to sexual allegations. This Local Procedure Directive
shall reflect that institution’s unique characteristics and specify how that
institution will respond to sexual allegations and the notification procedures to
be followed for reports of sexual allegations. At a minimum it will include:
a. Specification of staff member(s) responsibilities from the first report of an
allegation through the conclusion of an investigation.
b. Responding to the victim and ensuring evidence retention.
c. Monitoring the offender perpetrator to ensure safety of others and
evidence retention.
d. Ensuring safe housing, medical and mental health care, forensic exam,
victim services for the victim, and commencing an investigation.
2. The Department shall ensure that contracts for the confinement of its
offenders with private agencies or other entities, including other government
agencies, shall include in any new contract or contract renewal the entity’s
obligation to adopt and comply with the PREA standards and that any new
contract or contract renewal shall provide for Department contract monitoring
to ensure that the contractor is complying with the PREA standards.
3. The Warden/Superintendent at each facility shall develop a written Staffing
Plan in accordance with this SOP using Attachment 11, Staffing Plan
Template. To enhance the supervision and monitoring of offenders, each
facility shall document and make its best efforts to comply on a regular basis
with the established staffing plan that provides for adequate levels of staffing,
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 9 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
and, where applicable, video monitoring, to protect offenders against Sexual
Abuse. In circumstances where the staffing plan is not complied with, the
facility shall document and justify all deviations on the daily Post Roster.
Facility management staff will review these deviations on a regular basis, no
less than annually, to identify the most common reasons for deviations. This
information shall be used to make adjustments, as necessary, to the facility
staffing plan. Completed plans will be forwarded to the PREA Coordinator
for review and approval.
4. No less than annually, each facility shall assess, determine, and document
whether adjustments are needed to the established staffing plan. Revised
plans shall be forwarded to the PREA Coordinator for review and approval.
5. All new or existing facility designs, modifications, and technology upgrades
will include consideration of how they could enhance the Department’s
ability to protect offenders against Sexual Abuse.
6. Intermediate-level or higher-level supervisors must conduct and document
unannounced rounds to identify and deter staff Sexual Abuse and Sexual
Harassment. Staff is prohibited from alerting other staff members that these
supervisory rounds are occurring unless such announcement is related to the
legitimate operational functions of the facility. Unannounced rounds by
supervisory staff, with the intent of identifying and deterring Sexual Abuse
and Sexual Harassment, are required to be conducted every week, including
all shifts and all areas. These rounds will be documented in the area log
books. In addition, the institutional Duty Officer is required to conduct and
document unannounced rounds at least once per week in _**all**_ areas. These
rounds will be documented in the local Duty Officer Logbook.
Documentation shall include any findings of inadequacy pertaining to the
sexual safety of all offenders.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 10 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
7. Youthful Offenders:
a. A Youthful Offender shall not be placed in a housing unit in which the
Youthful Offender will have sight, sound, or physical contact with any
adult offender through use of a shared dayroom or other common space,
shower area, or sleeping quarters.
b. In areas outside of housing units, staff must either:
i. Maintain sight and sound separation between Youthful Offenders
and adult offenders, or
ii. Provide Direct Staff Member Supervision when Youthful Offenders
and adult offenders have sight, sound, or physical contact.
c. Efforts shall be made by the assigned institution to avoid placing
Youthful Offenders in isolation to comply with this provision. Absent
Exigent Circumstances, Youthful Offenders shall not be denied daily
large-muscle exercise and any legally required special education services
to comply with this provision. Youthful Offenders shall also have access
to other programs and work opportunities to the extent possible.
8. Limits to Cross-Gender Viewing and Searches **:**
a. The facility shall not conduct cross-gender strip searches or cross-gender
visual body cavity searches (meaning a search of the anal or genital
opening) except in Exigent Circumstances or when performed by medical
practitioners.
b. The facility shall not conduct cross-gender pat searches of female
offenders, absent Exigent Circumstances. This requirement shall not
restrict female offender’s access to regularly available programming or
other out-of-cell opportunities in order to comply with this provision.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 11 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
c. The facility shall document all cross-gender strip searches and cross
gender visual body cavity searches and shall document all cross-gender
pat-down searches of female offenders via an incident report explaining
the nature of the Exigent Circumstance.
d. The facility shall implement procedures that enable offenders to shower,
perform bodily functions, and change clothing without nonmedical staff
members of the opposite gender viewing their breasts, buttocks, or
genitalia, except in Exigent Circumstances or when such viewing is
incidental to their official duties. Offenders should only shower, perform
bodily functions, and change clothing in designated areas (e.g., cells,
shower rooms, and bathrooms).
e. Staff members of the opposite gender shall announce their presence when
entering an offender housing unit; this includes the officer assigned to the
housing unit. It is understood that staff members might not make
announcements when responding to circumstances that require immediate
action in order to combat a threat to security.
f. Offenders will be notified of the presence of opposite-gender staff
members in several ways:
i. Offenders are advised of the requirement to remain clothed, and the
presence of cross-gender staff members generally, during the intake
screening process and the admission and orientation process;
ii. The following notice will be posted **“NOTICE TO OFFENDERS:**
**Male and female staff members routinely work in and visit**
**housing areas.”**
iii. For staff members with offices in the housing units, the most recent
schedule is posted in the unit so offenders are aware of when
opposite-gender staff may be present;
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 12 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
iv. An announcement shall be made each time an opposite-gender staff
member comes into a housing unit area and;
v. Nothing in this section should preclude opposite-gender staff
members from viewing live or recorded video or participating in an
offender suicide watch.
g. The facility shall not search or physically examine a Transgender or
Intersex offender for the sole purpose of determining the offender’s
genital status. If the offender’s genital status is unknown, it may be
determined during conversations with the offender, by reviewing medical
records, or, if necessary, by learning that information as part of a broader
medical examination conducted in private by a medical practitioner. The
provision does not limit searches of offenders to ensure the safe and
orderly running of the institution.
h. The Department shall train security staff members on how to conduct
cross-gender pat searches and searches of Transgender and Intersex
offenders in a professional and respectful manner and in the least
intrusive manner possible, consistent with security needs and consistent
with the population gender of their assigned institution.
9. Offenders with Disabilities, Who Are Limited English Proficient (LEP), or
Have Limited Reading Skills:
a. The local PREA Compliance Manager shall reference SOP 103.63, ADA
Title II Provisions, for guidance pertaining to ADA resources available to
offenders with disabilities and those who are LEP so they may understand
the facility policies around reporting, preventing, detecting, and
responding to Sexual Abuse and Sexual Harassment.
b. The facility shall not rely on offender interpreters, offender readers, or
other types of offender assistants except in Exigent Circumstances where
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 13 of 39|
|**Authority:**
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Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
an extended delay in obtaining an effective interpreter could compromise
the offender’s safety, the performance of first response duties under 28
CFR § 115.64, or the investigation of the offender’s allegations.
10. Hiring and Promotion Decisions:
a. Employees:
i. The Department shall not hire or promote anyone who may have
contact with offenders, who:
1) Has engaged in Sexual Abuse in a prison, jail, lockup, Community
Confinement Facility, Juvenile facility, or other institution (as
defined in 42 U.S.C. 1997); 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
2) Has been civilly or administratively adjudicated to have engaged
in the activity described in paragraph a.i.1. of this section.
ii. The Department shall consider any incidents of Sexual Harassment in
determining whether to hire or promote anyone who may have
contact with offenders.
iii. Before hiring new employees, who may have contact with offenders,
the Department shall:
1) Ask all applicants and employees who may have contact with
offenders directly about previous misconduct described in SOP
104.09, Filling a Vacancy, in written applications or interviews
for hiring and promotions, and any written interview or written
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Authority:**
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Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
self-evaluations conducted as part of reviews of current
employees. Every employee has a continuing affirmative duty to
disclose any such misconduct.
2) Perform a Criminal History Record checks on all employees and
volunteers prior to start date and again annually. A tracking
system shall be implemented at each local facility to ensure the
criminal history checks are conducted within the appropriate time
frames, according to policy, for each person with access to that
facility.
iv. Unless prohibited by law, the Department shall provide information
on Substantiated Allegations of Sexual Abuse or Sexual Harassment
involving a former employee upon receiving a request from an
institutional employer for whom such employee has applied to work.
The Department complies with the _Federal Privacy Act and Freedom_
_of Information Act_, and all other applicable laws, rules, and
regulations.
v. Material omissions regarding misconduct or the provision of
materially false information shall be grounds for termination.
b. Contractors and Volunteers:
i. The Department shall not enlist the services of any contractor who
may have contact with offenders who:
1) Has engaged in Sexual Abuse in a prison, jail, lockup, Community
Confinement Facility, Juvenile facility, or other institution (as
defined in 42 U.S.C. 1997); 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
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 15 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
2) Has been civilly or administratively adjudicated to have engaged
in the activity described in paragraph b.i.1). of this section.
ii. The Department shall consider any incidents of Sexual Harassment in
determining whether to enlist the services of any contractor who may
have contact with offenders.
iii. Before hiring new employees or enlisting the services of a contractor
or volunteer who may have contact with offenders, the Department
shall:
1) Perform a Criminal History Record check before enlisting the
services of any contractor who may have contact with offenders
and at least every five years thereafter.
2) Ensure that new hires complete SOP 104.09, Attachment 4,
Applicant Verification.
3) Ensure that contractors or volunteers complete SOP 208.06,
Attachment 13, Contractor/Volunteer Verification Form.
iv. Unless prohibited by law, the Department shall provide information
on Substantiated Allegations of Sexual Abuse or Sexual Harassment
involving a former employee upon receiving a request from an
institutional employer for whom such employee has applied to work.
The Department complies with the _Federal Privacy Act and Freedom_
_of Information Act_, and all other applicable laws, rules, and
regulations.
v. Material omissions regarding misconduct or the provision of
materially false information shall be grounds for termination.
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 16 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
B. **Responsive Planning:**
1. Evidence protocol and forensic medical examinations.
a. Each facility shall follow a uniform evidence protocol that maximizes the
potential for obtaining usable physical evidence for administrative
proceedings and criminal prosecutions. Reference SOP 103.10, Evidence
Handling and Crime Scene Processing, and SOP 103.06, Investigations of
Allegations of Sexual Contact, Sexual Abuse, Sexual Harassment of
Offenders.
b. The Department’s response to sexual assault follows the guidelines 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_ dated April 2013, or the most current
version.
c. When there is a report of an incident of Sexual Abuse that was alleged to
have occurred within the previous 72 hours, or there is a strong suspicion
that an assault may have been sexual in nature, a physical examination of
the alleged victim shall be conducted to determine if immediate medical
attention is necessary and if the SANE protocol should be initiated,
(Attachment 5, Procedure for SANE Evaluation/Forensic Collection). The
SANE examination shall be provided at no cost to the offender. Physical
evidence from the suspected perpetrator(s) will be collected and may also
include an examination. Offender consent must be obtained prior to
initiating the SANE protocol, in accordance with SOP 507.04.85,
Informed Consent.
d. The Department stands _in loco parentis_ for Youthful Offenders in its
custody and can authorize a physical examination of such Youthful
Offender without consulting his or her parent(s) so long as the Youthful
Offender consents to the examination. For those offenders that are unable
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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|**Authority:**
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Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
to consent or are incapacitated, the Department may authorize the
collection of forensic evidence based on the Department’s standing _in_
_loco parentis_ or as a guardian of the offender, whichever may be
applicable. Physical evidence collection may also include an examination
of and collection of physical evidence from the suspected perpetrator(s).
Offender consent must be obtained prior to initiating the SANE protocol,
in accordance with SOP 507.04.85, Informed Consent _._
**Note: All PREA information is confidential in nature and shall only**
**be released on a need-to-know basis. Staff members who fail to**
**comply with the reporting provisions of this policy may be banned**
**from correctional facilities or will be subject to disciplinary action,**
**up to and including termination, whichever is applicable.**
e. The Institution PREA Compliance Manager, under the direction of the
Warden/Superintendent, shall attempt to enter into agreement, or
Memorandum of Understanding (MOU), with a rape crisis center to make
available a victim advocate to offenders alleging Sexual Abuse/Sexual
Harassment upon request. If the facility cannot do so, efforts must be
documented, and local staff shall be identified and specially trained to
provide this service. If a MOU is entered into, the contact information for
the provider, including mailing addresses and telephone numbers
(including toll-free hotline numbers where available) will be posted in all
areas accessible to inmates. In addition, the facility will include on this
posting information the extent to which such communications will be
allowed and monitored. Documentation of training must be maintained by
the employee’s manager and made available to the local PREA
Compliance Manager upon request. The facility advocate must ensure
completion of Attachment 12, PREA Victim Advocate Request Form on
all allegations of Sexual Harassment or Sexual Abuse.
**Note: Any agreement must be approved through the Legal Services**
**Office prior to implementation.**
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 18 of 39|
|**Authority:**
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Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
f. Victim advocates from the community used by the facility shall be pre
approved through the appropriate screening process and subject to the
same requirements as contractors and volunteers who have contact with
offenders. The victim advocate serves as emotional and general support,
navigating the offender through the treatment, evidence collection, and
investigation process. The victim advocate has access to the offender
similar to that of medical staff at the facility. Victim advocates are not
authorized to make decisions regarding offender care or interfere with
escort, security, or investigation procedures that are deemed necessary by
the facility/investigator.
g. If an external agency is responsible for investigating the allegations of
Sexual Abuse, the Department shall request that the investigating agency
follow the requirements of (a) through (e) of this section.
h. An administrative investigation shall be completed for all allegations of
Sexual Abuse and Sexual Harassment. Allegations that involve
potentially criminal behavior will be referred for investigation to OPS.
This referral does not alleviate the facility from its responsibility of
reaching a disposition on the administrative SART investigation.
i. In the event the investigation is referred to an outside entity, that entity
shall have in place a policy governing the conduct of such investigations.
C. **Training and Education:** Participation in training must be documented through
employee signature or electronic verification. Participation documentation will
note that employees understood the training they have received by signing
Attachment 1, Sexual Abuse/Sexual Harassment Prison Rape Elimination Act
(PREA) Education Acknowledgement Statement. This form shall be retained in
the employee’s local personnel file. At the conclusion of the training, employees
are asked to seek additional supervisory direction if necessary to ensure
understanding of the training.
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
1. Employee Training:
a. All Departmental employees shall be required to attend training annually
on:
i. The Department’s zero-tolerance policy for Sexual Abuse and Sexual
Harassment;
ii. How to fulfill their responsibilities under the Department’s Sexual
Abuse and Sexual Harassment prevention, detection, reporting, and
response policies and procedures;
iii. Offenders’ right to be free from Sexual Abuse and Sexual
Harassment;
iv. The right of offenders and employees to be free from retaliation for
reporting Sexual Abuse and Sexual Harassment;
v. The dynamics of Sexual Abuse and Sexual Harassment in
confinement;
vi. The common reactions of Sexual Abuse and Sexual Harassment
victims;
vii. How to detect and respond to signs of threatened and actual Sexual
Abuse;
viii. How to avoid inappropriate relationships with offenders;
ix. How to communicate effectively and professionally with offenders,
including lesbian, gay, bisexual, Transgender, Intersex, or Gender
Nonconforming offenders; and
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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|**Authority:**
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Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
x. How to comply with relevant laws related to mandatory reporting of
Sexual Abuse to outside authorities.
b. In-service training shall include gender specific reference and training to
staff as it relates to the specific population supervised. Staff members
transferring into a facility of different gender from prior institution shall
receive gender-appropriate training.
c. New employees shall receive PREA training during Pre-Service
Orientation. Attachment 19, Staff PREA Brochure, can be used to assist
in this training.
d. Specialized training shall be required for members of the Sexual Abuse
Response Team (SART) and any other staff members who are likely to be
involved in the management and treatment of sexually abused victims and
the perpetrators.
2. Volunteer and Contractor Training:
a. The Department shall ensure that all volunteers and contractors who have
contact with offenders are provided with a copy of this policy and have
been trained on their responsibilities under the Department’s PREA
policies and procedures. Attachment 19, Staff PREA Brochure, can be
used to assist in this training.
b. The level and type of training provided to volunteers and contractors shall
be based on the services they provide and level of contact they have with
offenders, but all volunteers and contractors who have contact with
offenders shall be notified of the Department’s zero-tolerance policy
regarding Sexual Abuse and Sexual Harassment and be informed on how
to report such incidents.
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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Intervention Program|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 21 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
c. Participation must be documented through volunteer and contractor
signature or electronic verification and will indicate that the volunteer and
contractor understood the training they have received by signing
Attachment 1, Sexual Abuse/Sexual Harassment Prison Rape Elimination
Act (PREA) Education Acknowledgement Statement. At the conclusion
of the training, volunteers and contractors are asked to seek additional
direction from Department staff members if necessary to ensure
understanding of the training.
3. Offender Education: Information on the GDC’s zero-tolerance policy for
Sexual Abuse and Harassment and information on how to report an allegation
at the receiving facility shall be provided to every offender upon arrival to the
facility. In addition to verbal information, offenders will be provided either
an Attachment 17, PREA Offender Brochure (English) or an Attachment 18,
PREA Offender Brochure (Spanish). Within 15 days of arrival, a
comprehensive PREA education training will be conducted by assigned staff
members to all offenders which will include a gender appropriate video on
Sexual Abuse. Receipt of both the initial information and the comprehensive
education will be documented in writing by signature of offender and placed
in the offender’s institutional file.
In the case of Exigent Circumstances, such training may be delayed, but no
more than 30 days. If the Exigent Circumstance extends beyond 30 days,
justification and documentation must be placed in the offender’s institutional
file. Once the Exigent Circumstance no longer applies, such training must be
provided immediately. This education is documented in the same manner as
for offenders who participated during the regularly scheduled orientation.
a. The comprehensive PREA education will be provided by designated staff
members and the presentation must include:
i. The Department’s zero tolerance of Sexual Abuse and Sexual
Harassment;
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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|**Authority:**
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Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
ii. Definitions of Sexually Abusive behavior and Sexual Harassment;
iii. Prevention strategies the offender can take to minimize his/her risk of
sexual victimization while in Department custody;
iv. Methods of reporting an incident of Sexual Abuse/Sexual
Harassment against oneself, and for reporting allegations of Sexual
Abuse involving other offenders;
v. Treatment options and programs available to offender victims of
Sexual Abuse and Sexual Harassment;
vi. How an investigation begins and the general steps to an
investigation;
vii. Monitoring, discipline, and prosecution of sexual perpetrators;
viii. The prohibition against retaliation for reporting, and;
ix. Notice that male and female staff routinely work and visit housing
areas;
b. The facility shall maintain documentation of offender participation in
these education sessions in the offender’s institutional file.
c. Posters reflecting the Department’s zero tolerance for Sexual Abuse and
Sexual Harassment, contact information and methods of offender
reporting shall be posted in each housing unit and common area
throughout the facility.
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 23 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
4. **Specialized Training (Investigations)** :
a. All staff investigating Sexual Abuse/Sexual Harassment allegations must
be specially trained in conducting Sexual Abuse/Sexual Harassment
investigations in confinement settings.
b. Specialized training shall include techniques for interviewing Sexual
Abuse victims, proper use of _Miranda_ and _Garrity_ warnings, Sexual
Abuse evidence collection in confinement settings, and the criteria and
evidence required to substantiate a case for administrative action or
prosecution referral.
c. The Department shall maintain documentation that agents and
investigators, whether internal or external, have completed the required
specialized training in conducting Sexual Abuse investigations.
5. **Specialized Training (Medical and Mental Health Care):** GDC and
contracted medical and mental health staff members will be trained annually.
Proof of training will be maintained in the employee training file. In addition
to the specialized training, these same employees are required to attend
GDC’s annual PREA in-service training.
D. **Screening for Risk of Sexual Victimization and Sexual Abusiveness:**
1. All offenders shall be assessed during an intake screening and upon transfer
to another facility for their risk of being Sexually Abused by other offenders
or sexually abusive toward other offenders.
2. Counseling staff members will conduct a screening for risk of victimization
and abusiveness in SCRIBE using SCRIBE’s version of Attachment 2, PREA
Sexual Victim/Sexual Aggressor Classification Screening Instrument. This
screening will be conducted within 24 hours of arrival at the facility and
again within 30 days of arrival. Information from this assessment will be used
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 24 of 39|
|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
to determine classification decisions with the goal of keeping separate those
offenders at high risk of being sexually victimized from those at high risk of
being sexually abusive. **Note: The results of the risk assessment should not**
**hinder classification opportunities.**
a. This re-screening will be scheduled in SCRIBE at the same time the
initial screening is being entered into SCRIBE.
b. Transgender and Intersex offender’s screening shall be conducted no less
than every six (6) months.
c. An offender will also be re-screened when warranted due to a referral,
request, incident of Sexual Abuse, or receipt of additional information
that bears on the inmate’s risk of sexual victimization or abusiveness.
3. Offenders should be encouraged to disclose as much information as possible
for the Department to provide the most protection possible under this policy.
If an offender chooses not to respond to questions relating to his or her level
of risk, he or she may not be disciplined.
**Note: Any information related to sexual victimization or abusiveness,**
**including the information entered into the comment section of the Intake**
**Screening Form, is limited to a need-to-know basis for staff, only for the**
**purpose of treatment, security, management, and classification decisions.**
4. The Warden/Superintendent shall designate safe housing for those offenders
identified as highly vulnerable to Sexual Abuse. Location(s) shall be
identified in Attachment 7, PREA Local Procedure Directive and
Coordinated Response Plan and in Attachment 11, Staffing Plan Template.
5. In deciding whether to assign a Transgender or Intersex offender to a male or
female facility and in making other housing and programming assignments,
the Department shall consider on a case-by-case basis whether a placement
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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Intervention Program|
|**Policy Number:** 208.06|**Effective Date:** 6/23/2022|**Page Number:** 25 of 39|
|**Authority:**
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Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
would ensure the offender’s health and safety, and whether the placement
would present management or security problems in accordance with SOP
220.09, Classification and Management of Transgender and Intersex
Offenders.
6. Placement and programming assignments for each Transgender or Intersex
offender shall be reassessed no less than every six (6) months to review any
threats to sexual safety of the offender.
7. Offenders whose screenings indicate they have experienced prior sexual
victimization or have a history of sexually assaultive behavior, or inmates
that are alleged victims or aggressors of a Sexual Harassment or Sexual
Abuse allegation, must be offered a follow-up meeting with medical and
mental health counseling within 14 days of the screening. Staff must
complete Attachment 14, PREA Counseling Referral Form.
8. Offenders at high risk for sexual victimization or aggression shall not be
placed in involuntary segregation based solely on that determination unless a
determination has been made that there is no available alternative means of
separation from likely abusers. This placement, including the concern for the
offender’s safety, must be noted in SCRIBE case notes with documentation
of why no alternative means of separation can be arranged.
a. Offenders placed in segregation will receive services in accordance with
SOP 209.06, Administrative Segregation.
b. The facility shall assign such offenders to involuntary segregated housing
only until an alternative means of separation from likely abusers can be
arranged, and such an assignment shall not ordinarily exceed a period of
30 days.
c. If offenders placed in segregated housing for this purpose have restricted
access to programs, privileges, education, or work opportunities, then the
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and
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|**Authority:**
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Access|
facility shall document: 1) the opportunities that have been limited, 2) the
duration of the limitation, and 3) the reasons for such limitations.
d. Every 30 days, the facility shall conduct and document a review for each
such offender to determine whether there is a continuing need for
separation from the general population.
E. **Reporting:**
1. Offender Reporting **:**
a. Offenders may make a report of Sexual Abuse, Sexual Harassment, or
retaliation by any of the following methods: in writing, or verbally,
through internal or external methods available. Offenders shall be
encouraged to report allegations immediately and directly to a staff
member. All reports will be promptly documented and investigated.
Offenders may choose to report these allegations anonymously.
b. The Department may choose to maintain a Sexual Abuse hotline,
currently known as the “PREA hotline.” Hotline calls will not require the
use of the offender’s PIN number. Should a Sexual Abuse hotline be
maintained, monitoring of this line will be the responsibility of the OPS,
with immediate oversight by the Department’s PREA Coordinator or
designee.
2. Third Party Reporting:
a. Third party reports may be made to:
i. The Ombudsman’s Office at P.O. Box 1529, Forsyth, GA 31029,
(478) 992-5358;
ii. By email to the PREA Coordinator at PREA.report@gdc.ga.gov;
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|**Authority:**
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and
iii. State Board of Pardons and Paroles, Office of Victim Services, 2
Martin Luther King Jr. Drive, S.E., Balcony Level, East Tower,
Atlanta, GA 30334.
b. Staff members shall accept reports made verbally, in writing, and from
third parties and shall promptly document any verbal reports.
c. Staff members shall forward all reports or suspicions of Sexual Abuse or
Sexual Harassment to their immediate supervisor or the designated SART
member promptly.
3. Offender Grievances: Allegations of Sexual Abuse and Sexual Harassment
are not grievable issues. They should be reported in accordance with methods
outlined in this policy.
F. **Official Response Following an Offender Report:**
1. Staff, First Responder, and Department reporting duties:
a. Response protocols shall follow the guidelines outlined in Attachment 7,
Local Procedure Directive and Coordinated Response Plan.
b. The PREA Unit will be notified of all allegations within two (2) working
days after receiving the allegations via PREA.report@gdc.ga.gov using
Attachment 10, PREA Initial Notification Form.
2. Reporting to Other Confinement Facilities:
a. In cases where there is an allegation that Sexual Abuse occurred at
another Department facility, the Warden/Superintendent (or his/her
designee) of the victim’s current facility will provide notification to the
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|**Authority:**
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Warden/Superintendent of the institution where the allegation allegedly
occurred and the Department’s PREA Coordinator. In cases alleging
Sexual Abuse by Staff at another institution, the Warden/Superintendent
of the offender’s current facility refers the matter directly to the Regional
SAC and the Department’s PREA Coordinator. For non-Department
facilities, the Warden/Superintendent will notify the appropriate office of
the facility where the abuse allegedly occurred and the Department’s
PREA Coordinator.
b. Such notification shall be provided as soon as possible but no later than
72 hours after receiving the allegation.
c. The facility shall document that it has provided such notification.
d. The facility head or Department office that receives such notification shall
ensure that the allegation is investigated only if a previous investigation
did not occur.
3. Coordinated Response: Each facility shall develop a written institutional plan
to coordinate actions taken in response to an incident of Sexual Abuse among
staff first responders, medical and mental health practitioners, investigators,
and facility leadership. This plan will be kept current and include names and
telephone numbers of coordinating parties and be a part of Attachment 7,
PREA Local Procedure Directive and Coordinated Response Plan.
4. Protection Against Retaliation:
a. Anyone who retaliates against a staff member or an offender who has
reported an allegation of Sexual Abuse or Sexual Harassment or who has
participated in a subsequent investigation shall be subject to disciplinary
action.
b. The Department shall protect offenders and staff members who report
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|**Authority:**
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Professional Standards)|**Access Listing:**
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Access|
Sexual Abuse or Sexual Harassment from retaliation. The
Warden/Superintendent shall designate a staff member to serve as the
facility Retaliation Monitor and identify them as such in Attachment 7,
PREA Local Procedure Directive and Coordinated Response Plan.
Multiple protection measures include offender housing changes or
transfers, removal of alleged staff member or offender abusers from
contact with victims, and emotional support services for offenders or staff
members who fear retaliation for reporting or for cooperating with
investigations.
c. The designated Retaliation Monitor shall, for at least 90 days following a
report of abuse, monitor the conduct and treatment of offenders or staff
members who reported the Sexual Abuse or who participated in an
investigation to see if there are any changes that may suggest possible
retaliation, and will act promptly to remedy any such retaliation.
i. This monitoring will include review of any offender disciplinary
reports, housing or program changes, or negative performance
reviews or reassignments of staff members. Periodic in-person status
checks shall be made by the monitor as well. Attachment 8,
Retaliation Monitoring Checklist, shall be completed for each
offender monitored. The original shall be kept in a master file by the
monitor and a copy placed in the SART investigation file upon
completion.
ii. This monitoring will include negative performance reviews or
reassignments of staff members. Attachment 8, Retaliation
Monitoring Checklist, shall be completed for each employee
monitored. The original shall be kept in a master file by the monitor.
iii. Such monitoring shall continue beyond 90 days if the initial
monitoring indicates a continuing need. The obligation for
monitoring will terminate if the Allegation is Unfounded.
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|**Authority:**
Commissioner|**Originating Division:**
Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
G. **Investigations:**
1. All reports of Sexual Abuse or Sexual Harassment will be considered
allegations and will be investigated.
2. Upon receipt of any PREA allegation, an Incident Report will be completed
in accordance with SOP 203.03, Incident Reporting and coded as “PREA
Allegation” in SCRIBE.
3. The PREA Case that is generated in the PREA SCRIBE Module for every
PREA allegation will be fully completed and submitted for review to the
PREA Coordinator’s office within 30 days of the completion of the SART
investigation.
4. SART investigation files will be organized in a uniform manner by securing
the contents to the left and right side of their file folders as described below:
a. The left side of the investigative file folder (Summary side) will be
organized using Attachment 15, Investigative File Summary Checklist.
b. The right side of the investigative file folder (Investigation Detail side)
will be organized using Attachment 16, Investigative File Detail
Checklist.
5. There shall be no standard higher than a preponderance of the evidence in
determining whether allegations of Sexual Abuse or Sexual Harassment are
substantiated.
6. The local SART is responsible for the administrative investigation of all
allegations of Sexual Abuse or Sexual Harassment. Attachment 4, Sexual
Allegation Response Checklist will be completed for all PREA allegations. In
cases where allegations are made against staff members and the SART
inquiry deems the Allegation is Unfounded or Unsubstantiated by evidence,
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|**Authority:**
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Professional Standards)|**Access Listing:**
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Access|
the case can be closed at the facility level. If the allegation is criminal in
nature, an interview shall neither be conducted, nor will a statement be
collected from the accused perpetrator without first consulting the Regional
SAC.
7. At the conclusion of each SART investigation, Attachment 6, PREA
Investigative Summary shall be submitted to the PREA Unit via
PREA.report@gdc.ga.gov for administrative review.
8. Appointing authorities or their designees shall report all allegations of Sexual
Abuse with penetration and those with immediate and clear evidence of
physical contact to their Regional Director, Regional SAC, and the
Department’s PREA Coordinator immediately upon receipt of the allegation.
a. Where Sexual Abuse is alleged and cannot be cleared at the local level (as
indicated in G.5 of this section), the Regional SAC shall determine the
appropriate response upon notification. If this appropriate response is to
open a criminal investigation, the Regional SAC shall assign an agent or
investigator who has received special training in Sexual Abuse
investigations.
b. Agents and investigators shall gather and preserve direct and
circumstantial evidence including any available electronic monitoring
data; shall interview alleged victims, suspected perpetrators, and
witnesses; and shall review prior complaints and reports of Sexual Abuse
involving the suspected perpetrator.
c. The credibility of the victim, suspect, or witness shall be assessed on an
individual basis and will not be determined by the person's status as
offender or staff member. An offender who alleges Sexual Abuse shall
not be required to submit to a polygraph examination or other truth-telling
device as a condition for proceeding with the investigation of such an
allegation.
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|**Authority:**
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Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
d. Upon conclusion of the criminal investigation, OPS must notify the
Warden/Superintendent and the Statewide PREA Coordinator of the
disposition of the case.
9. For investigations of allegations of Sexual Abuse, the Department shall
follow a uniform evidence protocol that maximizes the potential for obtaining
usable physical evidence for administrative proceedings and criminal
prosecution in accordance with SOP 103.06, Investigations of Allegations of
Sexual Contact, Sexual Abuse, and Sexual Harassment of Offenders.
10. Substantiated Allegations of conduct that are deemed criminal shall be
referred for prosecution if there is enough evidence to prosecute.
11. All Sexual Abuse and Sexual Harassment investigations shall be prompt,
thorough, and objective.
12. Administrative and criminal investigations shall include an effort to
determine whether staff member actions, or failures to act, contributed to the
abuse. This shall be documented in written reports that include a description
of the physical and testimonial evidence, the reasoning behind the credibility
assessments, and investigative facts and findings.
13. OPS shall maintain all such written reports for as long as the alleged abuser is
incarcerated or employed by the Department, plus five (5) years.
14. The recanting of an allegation or the departure of the alleged abuser or victim
from the employment or control of the Department shall not provide a basis
for terminating an investigation.
15. Any State entity or Department of Justice component that conducts such
investigations shall do so pursuant to the above requirements.
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|**Authority:**
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Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
16. When outside agencies investigate Sexual Abuse, the Department shall
cooperate with the outside investigators and shall endeavor to remain
informed about the progress of the investigations.
17. Following the close of an administrative investigation into an offender’s
allegation that he or she suffered Sexual Abuse or Sexual Harassment in a
Department facility, the Warden/Superintendent shall ensure the offender is
notified as to whether the Allegation has been determined to be Substantiated,
Unsubstantiated, Unfounded, Unsubstantiated-forwarded to OPS,
Substantiated-forwarded to OPS, or not PREA. This will be completed by a
member of the local SART unless appointing authority delegates to another
designee. In the event an allegation is forwarded to OPS for investigation,
the facility shall also notify the offender of the outcome of the OPS
investigation upon completion. Such notifications or attempted notifications
shall be documented on Attachment 3, PREA Disposition Offender
Notification Form. The Department’s obligation to report under this standard
shall terminate if the offender is released from the Department’s custody.
H. **Discipline:**
1. Disciplinary Sanctions for Staff Members:
a. Staff members who engage in Sexual Abuse with an offender shall be
banned from correctional institutions and subject to disciplinary action,
with termination being the presumptive discipline, and may also be
referred for criminal prosecution when appropriate.
b. Disciplinary sanctions for violations of Department policy related to
Sexual Harassment will be commensurate with the nature and
circumstances of the acts committed, the staff member's disciplinary
history, and the sanctions imposed for comparable offenses by other staff
members with similar histories.
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|**Authority:**
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Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
c. All terminations for violations of the Department Sexual Abuse or Sexual
Harassment policies, or resignations by staff members that would have
been terminated if not for their resignation shall be reported to law
enforcement agencies, unless the activity was clearly not criminal. These
shall also be reported, as required, to the Georgia Peace Officers
Standards and Training Council (POST).
d. OPS shall refer all substantiated cases of offender-to-offender Sexual
Abuse and staff-to-offender Sexual Abuse for criminal prosecution.
2. Contractors and Volunteers: Any contractor or volunteer who engages in
Sexual Abuse shall be prohibited from contact with offenders and shall be
reported to law enforcement agencies, unless the activity was clearly not
criminal, and to relevant licensing bodies. The facility shall take appropriate
remedial measures and shall consider whether to prohibit further contact with
offenders in the case of any other violation of Department Sexual Abuse or
Sexual Harassment policies by a contractor or volunteer.
3. Disciplinary Sanctions for Offenders:
a. The Department prohibits all consensual sexual activity between
offenders, and offenders may be subject to disciplinary action for such
activity. Consensual (non-coerced) sexual activity between offenders
does not constitute Sexual Abuse but is considered a disciplinary issue.
**Note: All instances of sexual contact between offenders will be**
**treated as non-consensual unless proven otherwise during the course**
**of an investigation.**
b. Offenders shall be subject to disciplinary sanctions pursuant to a formal
disciplinary process following an administrative finding that the offender
engaged in offender-to-offender Sexual Harassment, offender-to-offender
Sexual Abuse, or a criminal finding of guilt for offender-to-offender
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|**Authority:**
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Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
Sexual Abuse. These sanctions shall be imposed in accordance with SOP
209.01, Offender Discipline.
c. Sanctions shall be commensurate with the nature and circumstances of
the abuse committed, the offender's disciplinary history, and the sanctions
imposed for comparable offenses by other offenders with similar
histories.
d. The disciplinary process shall consider whether the offender's mental
disabilities or mental illness contributed to behavior when determining
what type of sanction, if any, will be imposed. See SOP 508.18, Mental
Health Discipline Procedures.
e. If the facility offers therapy, counseling, or other interventions to address
and correct underlying reasons or motivations for the abuse, the facility
shall consider whether to offer or require the perpetrator to participate in
such interactions as a condition of access to programming or other
benefits.
f. An offender may be disciplined for sexual contact with a staff member
only upon a finding that the staff member did not consent to such contact.
**Note: Offender-to-Staff Sexual Abuse is not covered under PREA.**
g. For the purposes of a disciplinary action, a report of Sexual Abuse made
in good faith upon a reasonable belief that the alleged conduct occurred
shall not constitute falsely reporting an incident or lying, even if an
investigation does not establish sufficient evidence to substantiate the
allegation.
i. Following an administrative finding of malicious intent on behalf of the
offender making a false report, regardless of method used, the offender
shall be subject to disciplinary sanctions pursuant to a formal disciplinary
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|**Authority:**
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Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
process in accordance with SOP 209.01, Offender Discipline.
i. Any person who willfully and knowingly gives or causes a false
report of a crime to be given to any law enforcement officer or
agency of this state is prosecutable under O.C.G.A. § 16-10-26,
_False Report of a Crime_ . Any individual proven to make a false
allegation (defined in 3.i. of this section) will receive a disciplinary
report and may be subject to prosecution under this statute.
ii. Any person who willfully and knowingly gives or causes a false
report of Sexual Harassment will be subject to disciplinary action in
accordance with SOP 209.01, Offender Discipline.
I. **Medical and Mental Health Care:** The Department shall provide prompt and
appropriate medical and mental health services in compliance with 28 CFR § 115
and in accordance with SOP 507.04.85, Informed Consent and SOP 507.04.91,
Medical Management of Suspected Sexual Assault.
J. **Data Collection and Review** :
1. Monthly Sexual Abuse Program Review. The facility SAIRT shall conduct a
Sexual Abuse incident review within 30 days of the conclusion of every
Substantiated and Unsubstantiated Sexual Abuse investigation to review and
assess the facility’s PREA prevention, detection, and response efforts as
stipulated in Attachment 9, Sexual Abuse Incident Review Checklist. Reviews
are not necessary for harassment Allegations or incidents with a disposition of
Unfounded or not PREA.
2. The facility shall:
a. Each facility shall submit a report to the Department’s PREA Analyst each
month using the electronic spreadsheet provided from the PREA
Coordinator’s office. This form shall be submitted by e-mail no later than
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|**Authority:**
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Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
the third calendar day of the month following the reporting month. All
allegations investigated within the month shall be included on this report
along with the appropriate disposition. The monthly report shall be
completed in accordance with the Facility PREA Log User Guide.
b. In addition to the electronic spreadsheet (see section 2.a above), each
facility shall submit a copy of Attachment 9, Sexual Abuse Incident
Review Checklists from each SAIRT meeting held that month. These
forms shall be submitted by e-mail no later than the third calendar day of
the month following the reporting month.
c. The Department shall review data collected and aggregated of all Sexual
Abuse allegations in order to improve staff performance, identify problem
areas, and improve facility operations and offender sexual safety. The
Department shall publish the data in an annual report, comparing each
years’ data, and provide an assessment of progress in addressing offender
Sexual Abuse. It shall make this publicly available on its website.
I. **Audits:** The Department shall conduct audits pursuant to 28 C.F.R.§115.401-405.
Each facility operated by the Department shall be audited every three (3) years on
a schedule determined by the Department’s PREA Coordinator. Federal Auditors
determine compliance with federal standards and shall not dictate facility
management or procedural decisions. All auditor suggestions and findings shall be
referred to the agency PREA Coordinator for review.
County facilities and private facilities operated on behalf of the Department
(housing state offenders) must meet the same audit requirements. These entities are
responsible for scheduling and funding their audits. All auditors shall be certified
by the Department of Justice. Each facility shall bear the burden of demonstrating
compliance with the federal standards. A copy of the final report shall be submitted
to the Department’s PREA Coordinator upon completion of the audit and must be
conducted every three years.
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|**Authority:**
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Executive Division (Office of
Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
**V.** **Attachments:**
Attachment 1: Sexual Abuse/Sexual Harassment Prison Rape Elimination Act
(PREA) Education Acknowledgement Statement
Attachment 2: PREA Sexual Victim/Sexual Aggressor Classification Screening
Instrument
Attachment 3: PREA Disposition Offender Notification Form
Attachment 4: Sexual Allegation Response Checklist
Attachment 5: Procedure for SANE Evaluation/Forensic Collection
Attachment 6: PREA Investigative Summary
Attachment 7: PREA Local Procedure Directive and Coordinated Response Plan
Attachment 8: Retaliation Monitoring Checklist
Attachment 9: Sexual Abuse Incident Review Checklist
Attachment 10: PREA Initial Notification Form
Attachment 11: Staffing Plan Template
Attachment 12: PREA Victim Advocate Request
Attachment 13: Contractor/Volunteer Verification Form
Attachment 14: PREA Counseling Referral Form.
Attachment 15: Investigative File Summary Checklist
Attachment 16: Investigative File Detail Checklist
Attachment 17: Offender PREA Brochure (English)
Attachment 18: Offender PREA Brochure (Spanish)
Attachment 19: Staff PREA Brochure
**VI.** **Record Retention of Forms Relevant to this Policy:**
Retention of PREA related documents and investigations shall be securely retained
and made in accordance with the following schedule:
A. Sexual Abuse data, files, and related documentation - at least ten (10) years from
the date of the initial report.
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|**Authority:**
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Professional Standards)|**Access Listing:**
Level II: Required Offender
Access|
B. Criminal investigation data, files, and related documentation - for as long as the
alleged abuser is incarcerated or employed by the agency, plus five (5) years; or
ten (10) years from the date of the initial report, whichever is greater.
C. Administrative investigation data, files, and related documentation - for as long
as the alleged abuser is incarcerated or employed by the agency, plus five (5)
years; or ten (10) years from the date of the initial report, whichever is greater.