HomeMy WebLinkAboutPrison Rape Elimination Screening and CautionsIdaho
Department of
Correction
Standard
Operating
Procedure
Title:
Prison Rape Elimination Screening and
Cautions
Page:
1 of 5
Control Number:
149.01.01.002
Version:
1.0
Adopted:
07/12/2021
Bree Derrick, Deputy Director, approved this document on 07/12/2021.
Open to the public: Yes
SCOPE
This standard operating procedure (SOP) applies to employees, residents, contractors,
volunteers, and any person who is involved directly or indirectly the care and custody of
residents.
Revision Summary
Revision date (07/12/2021) version 1.0: This is a new SOP describing the processes for
screening residents to determine their risk of being sexually victimized or sexually abusive
toward other residents. It provides processes to review, add cautions, and house residents
safely.
TABLE OF CONTENTS
Scope ................................................................................................................................... 1
Table of Contents .................................................................................................................. 1
A. Statutory Authority ........................................................................................................ 2
B. Board of Correction IDAPA Rule Number ..................................................................... 2
C. Governing Policy number ............................................................................................. 2
D. Purpose........................................................................................................................ 2
E. Responsibility ............................................................................................................... 2
1. PREA Coordinator ...................................................................................................... 2
2. Facility Heads ............................................................................................................. 2
3. PREA Compliance Managers ..................................................................................... 2
4. Housing Staff ............................................................................................................... 3
5. Medical Services Provider, Assigned Screeners ......................................................... 3
6. Clinical Supervisor ...................................................................................................... 3
F. Definitions .................................................................................................................... 3
G. Standard Procedures ................................................................................................... 3
1. General Statement ..................................................................................................... 3
2. Facility Intake Screenings .......................................................................................... 3
Control Number:
149.01.01.00
Version:
1.0
Title:
Prison Rape Elimination Screening
and Cautions
Page Number:
2 of 5
Idaho Department of Correction
3. Mental Health Response ............................................................................................ 4
4. Thirty Day Review ...................................................................................................... 4
5. Special Review Sessions ........................................................................................... 4
6. Placement and Cautions ............................................................................................ 4
7. Restrictive Housing .................................................................................................... 5
8. Confidentiality ............................................................................................................ 5
H. References ................................................................................................................... 5
A. STATUTORY AUTHORITY
Prison Rape Elimination Act, Prison and Jail Standards, 28 C.F.R. Part 11
B. BOARD OF CORRECTION IDAPA RULE NUMBER
None
C. GOVERNING POLICY NUMBER
149 Prison Rape Elimination
D. PURPOSE
This document outlines the department’s approach to screening and housing residents to
support the zero-tolerance standard to prevent sexual abuse and sexual harassment.
E. RESPONSIBILITY
1. PREA Coordinator – The PREA Coordinator is responsible for:
a. Ensuring the screening tool complies with PREA Standard requirements.
b. Ensuring training for those assigned to perform screenings is adequate.
2. Facility Heads – Facility Heads are responsible for:
a. Identifying appropriate beds for housing potential victims and potential abusers
separately and in a safe manner.
b. Identifying housing staff responsible for initial housing decisions.
c. Identifying and assigning the team responsible for reviewing caution verification and
entry.
d. Ensuring potential victims are housed in the least restrictive environment possible.
3. PREA Compliance Managers – PREA Compliance Managers are responsible for:
a. Confirming housing and caution overrides.
b. Notifying the facility’s assigned screener when a special review is required.
Control Number:
149.01.01.00
Version:
1.0
Title:
Prison Rape Elimination Screening
and Cautions
Page Number:
3 of 5
Idaho Department of Correction
4. Housing Staff – Housing Staff are responsible for:
a. Reviewing screenings and assigning appropriate beds that protect potential victims and
ensuring they are separated from potential abusers.
b. Reviewing cautions prior to any move to ensure resident safety.
5. Medical Services Provider, Assigned Screeners – The Medical Service Provider, or
assigned screeners, are responsible for:
a. Ensuring initial screenings are completed as required within 72 hours of arrival, and
again prior to 30 days after arrival.
b. Tracking all required screenings.
6. Clinical Supervisor – The Clinical Supervisor is responsible for:
a. Ensuring all clinical visits are completed within 14 days of the screening.
b. Ensuring visits are documented in the electronic medical record.
F. DEFINITIONS
None
G. STANDARD PROCEDURES
1. General Statement
The department will separate, where possible, and monitor potentially vulnerable and
potentially abusive residents to reduce the incidence of sexual abuse and sexual
harassment.
2. Facility Intake Screenings
a. All residents must be screened within 72 hours of arriving at any facility. The screening
is meant to determine if they may be vulnerable to sexual abuse or may be potentially
sexually abusive.
b. The screening will be conducted using an objective, automated PREA screening form.
All staff and contractors performing the PREA screening must receive training prior to
performing screenings.
c. Screenings shall be completed in an area that allows privacy. Residents are not
required, and may not be disciplined, for refusing to answer questions about disabilities,
sexual orientation, gender identity, prior victimization, or their own perception of
vulnerability.
d. When screenings are completed, an automated message will be sent to the facility’s
designated housing review staff to make placement decision for residents presenting as
potential victims or potential abusers. Specialized housing reviews are also completed
when a resident feels at risk for sexual abuse, identifies as transgender, gender non-
conforming or intersex, or the screener observes traits or behaviors that may put the
resident at risk.
Control Number:
149.01.01.00
Version:
1.0
Title:
Prison Rape Elimination Screening
and Cautions
Page Number:
4 of 5
Idaho Department of Correction
3. Mental Health Response
a. If the screening indicates the resident has experienced sexual victimization that has not
been previously reported, the resident will be offered the option to visit with a clinician.
b. Residents who have previously perpetrated sexual abuse will also be offered a visit with
a clinician.
c. When a visit is accepted, it must be completed within 14 days.
4. Thirty Day Review
Within 30 days of arrival at the facility, the resident will be interviewed to confirm their safety
and assess any new information that has become available. A full screening will be
completed if new safety concerns emerge.
5. Special Review Sessions
a. Residents must be rescreened when any additional information emerges regarding the
resident’s risk for sexual victimization or abusiveness. Special review screens are
required for residents involved in resident-resident or staff-resident sexual abuse cases.
b. Security supervisors will assign staff to complete six-month checks on transgender,
intersex, and gender non-conforming residents to ensure they feel safe in their housing
and have programming access. If safety or placement concerns emerge, the security
supervisor shall conduct a housing review. Case Managers shall follow-up on
programming concerns. The six-month checks are documented in C-notes.
6. Placement and Cautions
a. Facility Leadership must identify in a field memorandum appropriate beds for housing
those identified as PREA potential victims (PPV) and PREA potential abusers (PPA).
Residents with PREA cautions housed in these beds shall not be moved without
permission from Facility Leadership.
When a resident is identified and affirmed as a PPV or a PPA, a caution must be
entered into the agency information management system. Entries do not include any
confidential victim information.
b. If a resident has a PREA caution, the following housing guidelines must be followed:
i. Residents with a PPV caution must not be housed in the same cell as a resident
with a PPA caution.
ii. Residents with a PPV caution will be assigned to a bunk identified by the facility
head as provided in Section G.6.a.
iii. Those with PPA cautions will be assigned to locations where more observation is
possible.
c. The PREA Compliance Manager, with the approval of the Facility Head, will identify a
team to review and confirm housing and cautions. The PREA Compliance Manager or
Facility Head will be informed of and must approve any changes in housing guidance
above.
Control Number:
149.01.01.00
Version:
1.0
Title:
Prison Rape Elimination Screening
and Cautions
Page Number:
5 of 5
Idaho Department of Correction
d. PPV and PPA caution information in the agency information management system is
used to determine appropriate housing. PREA caution information may not be released
externally, except by a PREA Compliance Manager or PREA Coordinator.
7. Restrictive Housing
a. PPVs shall not be placed in restrictive housing for protection purposes unless all other
options have been considered, and a determination has been made that there is no
available alternative means of separation from PPAs.
b. If the facility cannot determine appropriate housing immediately, the facility may hold
the resident in temporary protective custody for less than 24 hours while completing the
assessment.
c. If the facility places a PPV in restrictive housing, the facility must clearly document the
basis for the facility’s concern for the resident’s safety and the reason why no alternative
means of separation can be arranged.
d. Residents placed in restrictive housing for this purpose shall have access to programs,
privileges, education, and work opportunities to the fullest extent possible. If access is
not possible, the facility shall document which opportunities were limited, for how long,
and the reason for such limitations.
e. The facility may place such residents in restrictive housing only until an alternative
means of separation from likely abusers can be arranged; such an assignment must not
exceed a period of 30 days.
8. Confidentiality
a. The release of any information related to sexual victimization and sexual abusiveness
that has occurred in an institutional setting is strictly limited to medical and mental
health practitioners and other staff, as necessary, to inform treatment plans and security
and management decisions, including housing, bed, work, education, and program
assignments.
b. Any reports of sexual abuse or harassment that occur during the current incarceration
must be immediately reported to the Shift Commander.
c. Medical and mental health practitioners must obtain informed consent from residents
before reporting information about prior sexual victimization that did not occur in an
institutional setting unless the resident is under 18. Idaho Code § 16-1605 requires
mandatory reporting of any abuse of a minor to the Idaho Department of Health and
Welfare or the proper law enforcement agency within 24 hours.
H. REFERENCES
Prison Rape Elimination Act, Prison and Jail Standards, 28 C.F.R. Part 11
Standard Operating Procedure 149.01.01.001, Prison Rape Elimination Act
– End of Document –