Annual PREA report [2013]

TO: GDC Staff FROM: Commissioner Brian Owens DATE: October 2013 RE: Prison Rape Elimination Act (PREA) Standards
As the state's largest law enforcement agency, with more than 12,000 dedicated professionals, it is with great emphasis that we strive to work diligently on creating and maintaining safe and secure facilities for our nearly 60,000 state inmates, eliminating any opportunities for sexual abuse to occur to offenders in our custody. The Department of Corrections has a zero tolerance policy toward all forms of sexual abuse, sexual harassment and sexual activity among inmates. Offenders who engage in sexual contact, attempt to engage in or solicit such contact, or help another engage in sexual contact will be disciplined in a progressive manner with each occurrence. Those offenders who engage in sexual contact with another offender without that offenders' consent will be disciplined progressively and referred for criminal prosecution.
In addition, the Department has a zero tolerance policy for staff who engage in sexual abuse or harassment with an offender. Those staff members will be subject to disciplinary action, up to and including termination and banishment from all Georgia correctional institutions, whichever action is applicable. Staff members who engage in sexual abuse with an offender will also be subject to criminal prosecution, pursuant to O.C.G.A. 16-6.5.1.
Our mission is clear, create a safer Georgia by effectively managing and providing opportunities for positive change to our offenders.
I entrust we will be diligent in the task at hand.
Sincerely,
Brian Owens, Commissioner

Department
- - . of Corrections Georsicr
Office of Investigations & Compliance
2013 PREA Annual Report

Prison Rape Elimination Act
2013 Annual Report
The Prison Rape Elimination Act (PREA) was establi shed in 2003 by then President George W. Bush. The act mandat ed th e Department of Ju sti ce t o establish sta ndards to eliminat e prison rape w hi ch in cl udes all correctional settings. The goal of the PREA is to elimin ate sexual abuse and sexua l harassment of th ose in confi nement settings. The fi nal PREA st andards were published in August 2012.
The Georgia Department of Corrections (GDC) creat es a safer Georgia by effectively managing offenders and providing opportunities for positive change. As part of meeting t his mission and in com pliance with PREA st andards, GDC has est ablished a zero to lerance for all forms of sexual abuse and sexual harassment , as well as prot ection from retaliati on f rom th ose w ho make a report and pa rticipat e in an investigati on.
The agency is in process of implementing processes and proced ures t o meet t he req uirements of t he st andards. Agency policy currently in place establishes th e zero to lerance policy and is under review for revisions to include all requirements of the publi shed st andards. As we move forward, additi onal measures will be adopted to ensure improved dat a reporti ng and collecti on met hods as well as a more comprehensive com pil ation of implementation of com pliance measures and corrective actions for each faci lity.

PREA Highlights 2013
Conducted internal PREA audits at 35 state and private prisons across the state. Conducted 35 train ing classes for agency staff. Over 4,700 ca lls were received on the PREA Hotline and reviewed. A tota l of 890 allegations were reported and reviewed. First full year of tracking allegations statewide. Utili zation of the Sexual Assault Nurse Examiner (SANE) program continues to
expand and has proven to be very effective in providing a highly tra ined response to allegations of sexual assault. Rema ining funds from the PREA Demonstration Grant from Bureau of Justice Assistance in 2011 aided in the final stage of research and program implementation of successful re-entry preparation for fema le offenders. Gender specific train ing delivered to Bleckley PDC and Whitworth Pre-release Center staff for their upcoming remission to fema le population. Conducted vulnerabil ity assessment at Bleckley Probation Detention Center. CCTV enhancements were made at Coastal State Prison, Central State Prison and Wh itworth Womens Facility. Inmate PREA education is delivered within 72 hours of intake, barring exigent circumstances .

PREA
2013 Corrective Actions
Implementation efforts have been made across the state in all facilities toward PREA compl iance.
Current policy addresses zero tolerance for sexual abuse in our prisons; cu rrently under revision to include all aspects of the 2012 published standards.
Continue to work diligently at all facilities to identify bl ind areas and provide safety management of these areas through staffi ng efforts, mirrors, or video monitoring, where available.

...
<IGeora\<1 Prison Rape Elimination Act 2013 Statistics

Facility Type
~tate l'nsons l"riVate ana 1..oumy ...enters

Total Allegations
:s
ZH

Misconduct
77~
:s
Zb

Abuse
lib
u
z

1000 900 800 700 600 500 400 300 200 100
0
fvhscond uct

Abuse

Allegations

2012 2013

Definitions for purposes of thi s report include:
I gtal Al!egatipns: total Reports made by inmates o f sexual misconduct and abuse. Mjscondyct: Sexual ty inappropriate verbal comments or gestures toward an inmate; to include sexual harassment. Abyse: Any act ofa sexual nature d irected toward an inmate by an employee, contractor, official visitor or other agency repr esentative or by another inmate.

5

Prison Rape Elimination Act 2013 Statistics
...
PREA Hot line Calls Reviewed
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

2013 Survey of Sexual Victimization-2

Sexual MISConduct by Staff

Nonconsensual Sexual Acu by Offender
Sexual Harassment by Staff

2013 SSV- 2 Report Un substlated 2013 SSV-2 Repott Su bst annated

Sexual Hara.ss.me-nt by Offender

0

5

10

IS

20

25

De f i n it ion s: Sgxua! Mjscgpduct by Staff: Any behavior or act of a sexual nature directed toward an inmate by an e mployee, volunte e r, contractor, official visitor or other agency representativ e. Npncgnseosyal Sgxyal Acts: Sexual contact of any pe rson without his o r her consent, or of a pe rson who is unable to consent or refuse . Sgxua! Hara ssment by Staff: Repeate d verbal comments or gestures of a sexual nature to a n inmate by an e mployee, volunteer, contractor, o fficial visitor, o r other agency representative. Includes d emeaning references to gender; or sexually suggestive or derogatory comments about body or cl othing. Sgxual Harassm ent by Offender: Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actio ns of a derogatory or offensive sexual nature by one inmate directed toward another.

Report includes only allegations referred for crim inal investigation

FORM SSV -2
(6 -13-2 014 )

OMB No. 1121 -0292: Approval Expires 06/30/201 7

SURVEY OF SEXUAL VICTIMIZATION, 2013
..State Prison Systems Summary Form

U.S. DEPARTMENT OF JUSTICE BUREAU OF JUSTICE STATISTICS
AND ACTIN G AS COLLECT ION AGENT
U.S. DEPT. OF COMMERCE
Economics and S!alistics Administration
U.S. CENSUS BUREAU

Name Sandra Partain

Statewide PREA Coordinator

OFFICIAL ADDRESS
TELEPHONE
E-MAIL ADDRESS

Number and street or P.O. Box/Route Number 300 Patrol Rd
Number 9922998

City Forsyth
FAX NUMBER

Stat e GA

ZIP Code 31029
Number 9925339

11 0 000 000 07 00000 011 00 Georgia Department of Corrections

(Please correct any error in name, mailing address, and ZIP Code)

What facilities are included in this data collection? All State-operated confin ement facilities that are intended for adu lts but sometimes hold juveniles.
INCLUDE prisons, penitentiaries, and correctio nal institutions; boot camps; community correction facilities; halfway houses; prison farms; re ception , diagnostic, and classification centers; road camps; forestry and conservation camps ; vocational training facilities; prison hospitals; and drug and alcohol treatment facilities for pri son ers.
INCLUDE State-operated local detention faciliti es in Alaska, Connecticut, Delaware, Hawaii , Rhode Island , and Vermont.
EXCLUDE facilities that hold only juveniles . (These facilities will be co ntacted directly for data on sexual victimi zation .)
What inmates and incidents are included in this data collection?
Inmates under your custody between January 1, 20 13, and December 31 , 2013.
INCLUDE incidents involving inmates under th e authority, custody , or ca re of your confin ement or com munity-based faciliti es or staff.
EXCLUDE incidents invoMng inmates .beld Jn
local jails and fa cilities in Qlhet iurisdi~tjQM.

Reporting instructions:

Please complete the entire SSV-2 Form .

If the answer to a question is "not available " or "unknown ," write "OK" (do not know) in the space provided.

If the answer to a question is "not applicable ," write "NA" in th e sp ace provi ded.

wm If the answer to a question is "none " or "zero," mark the

box

provi ded.

Substantiated incidents of sexual violence:
Please comp lete an Incident Form (Adu lt, SSV-IA) for each substantiated incident of sex ual victimization.
Returning forms:
If you need assistance, pl ease call Greta Clark at th e U.S. Census Bureau toll- free at 1-800-253-2078, or e-mail govs.ssv@census.gov
Please return your completed questionnaire and substantiated incident forms by September 1, 2014.
You may complete these forms online (see enclosed instructions.) Or if you prefer, you may return these forms by mail or fax.
MAIL TO: U.S. Census Burea u, P.O . Box 5000, Jeffersonville, IN 47199-5000
FAX (TOLL FREE): 1-888-262-3974

Burden Statement
Under the Paperwork Reduction Act , we cannot ask you to respond to a coll ection of information unless it displays a currently valid OMB control number. The burden of this collect ion is estimated to average 60 minutes per response, including reviewing instructions, searching existing data sources, gathering necessary data, and completing and reviewing th is form. Send comments regarding this burden estimate or any aspect of th is survey, including suggestions for reducing this burden , to the Director, Bureau of Justice Stat istics. 810 Seventh Street, NW, Washington , DC 20531. Do not send you r compl eted form to this address.

Section I-INMATE-ON- INMATE SEXUAL VICTIMIZATION
DEFINITIONS
The survey utilizes the definition of "sexual abuse" as provided by 28 C.F .R. 115.6 in the National Standards to Prevent, Detect, and Respond to Prison Rape (under the Prison Rape Elimination Act of 2003). For purposes of SSV , sexual abuse is disaggregated into three categories of inmate-on-inmate sexual victimization. These categories are:

1. Does your State prison system record allegations of inmate-on-inmate NONCONSENSUALSEXUALACTS? o1 1Xl Yes~ a. Do you record all reported occurrences, or only substantiated ones?
o1 1XJ All
02 0 Substantiated only

NONCONSENSUALSEXUALACTS
Sexual contact of any person without his or her consent , or of a person who is unable to consent or refuse;
AND
Contact between the penis and the vulva or the penis and the anus including penetration, however slight;
OR
Contact between the mouth and the penis , vulva, or anus ;

b. Do you record attempted NONCONSENSUALSEXUALACTS or only completed ones?
01 lXI Both attempted and completed
02 0 Completed only
02 0 No ~ Please provide the definition used by your
State prison system for inmate-on-inmate NONCONSENSUAL SEXUAL ACTS in the space below. Use that definition to complete Items 2 and 3.

OR

Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object , or other instrument.
ABUSIVE SEXUAL CONTACT
Sexual contact of any person without his or her consent , or of a person who is unable to consent or refuse ;
AND
Intentional touching , either directly or through the clothing , of the genitalia, anus , groin , breast , inner thigh , or buttocks of any person.
EXCLUDE incidents in which the contact was incidental to a physical altercation.
SEXUAL HARASSMENT
Repeated and unwanted sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate directed toward another.

2. Between January 1, 2013, and December 31, 2013, how many allegations of inmate-on-inmate NONCONSENSUAL SEXUAL ACTS were reported?

Number reported ...

_4.:.:2=--- Da None

If an allegation involved multiple victimizations, count only once.

Exclude any allegations that were reported as consensual.

3. Of the allegations reported in Item 2, how many were - (Please contact the agency or office responsible for investigating allegations of sexual victimization in order to fully complete this form.)

a. Substantiated

__:5:o___ _ 00 None

The event was investigated and determined to have occurred, based on a preponderance of the evidence (28 C.F.R. 115 .72).

FORM SSV2 16132014 1

b. Unsubstantiated

--'2::.:6=--_[XJ None

The investigation concluded that evidence was insufficient to determine whether or not the event
occurred.

c. Unfounded ....

____ 00 None

The investigation determined that the event did NOT occur.

d. Investigation ongoing _1_,_1,___ 00 None

Evidence is still being gathered , processed or evaluated , and a final determination has not yet been made.

e. TOTAL (Sum of Items 3a through 3d) .. . ..

---'4"'2:___[jJ None

Page 2

The total should equal the number reported in Item 2.

4. Does your State prison system record allegations of inmate-on-inmate ABUSIVE SEXUAL CONTACT? (See definitions on page 2.)
01 D Yes ~Can these be counted separately from allegations of NONCONSENSUAL SEXUAL ACTS?
01 Yes
02 D No ~ Skip to Item 7 .
02 0 No ~ Please provide an explanation in the space
below and then skip to Item 7.

7. Does your State prison system record allegations of inmate-on-inmate SEXUAL HARASSMENT? (See definitions on page 2.)
01 00 Yes ~Do you record all reported
allegations or only substantiated ones?
01 ~ AII
02 D Substantiated only
02 D No ~ Please provide an explanation in the space
below and then skip to Section II.

5. Between January 1, 2013, and December 31, 2013, 8. Between January 1, 2013, and December 31, 2013,

how many allegations of inmate-on-inmate

how many allegations of inmate-on-inmate

ABUSIVE SEXUAL CONTACT were reported?

SEXUAL HARASSMENT were reported?

Number reported . .

____ lXI None

If an allegation involved multiple victimizations, count only once.

Exclude any allegations that were reported as consensual.

6. Of the allegations reported in Item 5, how many were - (Please contact the agency or office responsible tor investigating allegations of sexual victimization in order to tully complete this form.)

Number reported ...

_ s=..___ IXI None

If an allegation involved multiple victims or inmate perpetrators , count only once.

Exclude any allegations that were reported as consensual.

9. Of the allegations reported in Item 8, how many were - (Please contact the agency or office responsible tor investigating allegations of sexual victimization in order to tully complete this form.)

a. Substantiated . .

.____ 00 None

a. Substantiated

_ _,____ 00 None

b. Unsubstantiated .. . . . _ _ _ _ IX! None

b. Unsubstantiated

_2=--- - ~ None

c. Unfounded

,____ IX] None

c. Unfounded

._ _ _ _ [XI None

d. Investigation ongoing _ ___ lXI None

e. TOTAL (Sum of Items 6a through 6d ) . .

____ lXI None

The total should equal the number reported in Item 5.

d. Investigation ongoing _2~-- 00 None

e. TOTAL (Sum of Items 9a through 9d) . . . .

_soL___ [XI None

The total should equal the number reported in Item 8.

FOAM SSV2 1613 20141

Page 3

' SECTION II - STAFF-ONINMATE SEXUAL ABUSE 10. Does your State prison system record

allegations of STAFF SEXUAL

DEFINITIONS

MISCONDUCT?

The survey utilizes the definition of "sexual abuse" by a staff member, contractor or volunteer as provided by 28 C.F.R. 115.6 in the National Standards to Prevent, Detect, and Respond to Prison Rape (under the Prison Rape Elimination Act of 2003). For purposes of SSV, sexual abuse is disaggregated into two categories of staff -on-inmate sexual abuse. These categories are:

01 00 Yes ~Do you record all reported
occurrences, or only substantiated ones?
01 [&] All
02 0 Substantiated only

STAFF SEXUAL MISCONDUCT

02 0 No ~ Please provide an explanation in the space
below and then skip to Item 13.

Any behavior or act of sexual nature directed toward an inmate by an employee , volunteer, contractor, official visitor or other agency representative (exclude family , friends or other visitors) .

Sexual relationships of a romantic nature between staff and inmates are included in this definition. Consensual or nonconsensual sexual acts include-

Intentional touching , either directly or through the clothing , of the genitalia, anus, groin, breast, inner thigh, or buttocks that is unrelated to official duties or with the intent to abuse , arouse, or gratify sexual desire ;
OR Completed, attempted, threatened, or requested sexual acts;
OR Occurrences of indecent exposure , invasion of privacy ,
or staff voyeurism for reasons unrelated to official duties or for sexual gratification.
STAFF SEXUAL HARASSMENT
Repeated verbal statements , comments or gestures of a sexual nature to an inmate by an employee, volunteer, contractor, official visitor, or other agency representative (exclude family , friends , or other visitors). Include-
Demeaning references to gender; or sexually suggestive or derogatory comments about body or clothing ;
OR
Repeated profane or obscene language or gestures.

11. Between January 1, 2013, and December 31, 2013, how many allegations of STAFF SEXUAL MISCONDUCT were reported?

Number reported

~2:!:9:___ ~None

If an allegation involved multiple victimizations, count only once.

12. Of the allegations reported in Item 11, how many were - (Please contact the agency or office responsible for investigating allegations of sexual victimization in order to fully complete this form-)

a. Substantiated

11

00 None

b. Unsubstantiated

9

00 None

c. Unfounded .. .. . _. . . .

~None

d. Investigation ongoing

9

~None

e. TOTAL (Sum of Items 12a through 12d) ..

29

00 None

The total should equal the number reported in
Item 11.

FORM SSV-2 16-1 3 -2014 )

Page4

13. Does your State prison system record allegations of STAFF SEXUAL HARASSMENT? (See definitions on page 4.)
01 00 Yes ~Can these allegations be counted
separately from allegations of STAFF SEXUAL MISCONDUCT?
01 00 Yes
02 D No~ Skip to Item 16.
D 02 No ~ Please provide an explanation in the space below and then skip to Item 16.

14. Between .January 1, 2013, and December 31, 2013, how many allegations of STAFF SEXUAL HARASSMENT were
reported?

Number reported

-----'4___ 00 None

It an allegation involved multiple victims or staff, count only once.

Section Ill- PRIVATE AND LOCAL ALLEGATIONS

16. Did any of the allegations reported in Items 2, 5, 8, 11, or 14 occur in a privately operated facility?
01 D Yes 02 ~ No
17. Did any of the allegations reported in Items 2, 5, 8, 11, or 14 occur in a facility operated and administered by local governments?
01 D Yes 02 ~ No

Section IV- TOTAL SUBSTANTIATED INCIDENTS OF SEXUAL VICTIMIZATION

18. What is the total number of substantiated incidents reported in Items 3a, &a, 9a, 12a, and 15a?

Total substantiated incidents

-----'1'-'-7_ _ ~ None

~ Please complete an Incident Form (Adult, SSV-IA) for each substantiated incident of sexual victimization.

NOTES

15. Of the allegations reported in Item 14, how many were - (Please contact the agency or office responsible for investigating allegations of sexual victimization in order to fully complete this form.)

a. Substantiated

~None

b. Unsubstantiated . ...

4

~None

c. Unfounded d. Investigation ongoing

00 None
~None

e. TOTAL (Sum of Items 15a through 15d)

4

00 None

The total should equal the number reported in Item 14.

FORM SSV-21613-2014 1

Page 5