HomeMy WebLinkAboutPrison Rape EliminationIdaho
Department of
Correction Standard
Operating
Procedure
Title:
Prison Rape Elimination
1 of 29
149.01.01.001
Version:
7.0
Adopted:
08/17/2004
Chad Page, Deputy Director, approved this document and it was published on 10/07/2025.
Open to the public: Yes No
SCOPE
This standard operating procedure (SOP) applies to Idaho Department of Correction (IDOC)
employees, residents, contractors, volunteers, and any person who is involved directly or
indirectly in the care and custody of residents.
Revision Summary
TABLE OF CONTENTS
Scope ........................................................................................................................................ 1
Table of Contents ....................................................................................................................... 1
A. Statutory Authority ............................................................................................................ 2
B. Board of Correction IDAPA Rule ...................................................................................... 2
C. Governing Policy .............................................................................................................. 2
D. Purpose ........................................................................................................................... 2
E. Responsibility ................................................................................................................... 2
F. Definitions ........................................................................................................................ 5
G. Standard Procedures ....................................................................................................... 6
1. General Statement ....................................................................................................... 6
2. Consensual Contact Between Residents ..................................................................... 7
3. Prevention .................................................................................................................... 7
4. Training ........................................................................................................................ 9
5. Resident Education .................................................................................................... 10
6. Placement of Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) Residents 11
7. Youthful Residents ..................................................................................................... 11
8. Reporting ................................................................................................................... 12
9. Concern Forms and Grievances Regarding Sexual Abuse ......................................... 13
10. Staff Reporting ....................................................................................................... 14
11. Response and Investigation ................................................................................... 14
12. Sexual Assault Response Team (SART) ................................................................ 15
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13. Staff Sexual Misconduct Allegations ....................................................................... 19
14. Administrative Sexual Assault Response Team (SART) ......................................... 21
15. Medical and Mental Health Services ...................................................................... 22
16. Confidential Support Services ................................................................................ 26
17. Protection against Retaliation ................................................................................. 26
18. Findings and Notifications ...................................................................................... 27
19. Sexual Abuse Incident Reviews ............................................................................. 27
20. Sanctions ............................................................................................................... 28
21. Data Collection and Review ................................................................................... 29
H. References .................................................................................................................... 29
A. STATUTORY AUTHORITY
1. Idaho Code § 20-217A, Appointment of Director – Salary – Powers and Duties
2. Idaho Code § 20-219, Probation and Parole Supervision and Training – Limited Supervision
- Rulemaking
3. Idaho Code § 20-244, Government and Discipline of the Correctional Facility – Rules
and Regulations
B. BOARD OF CORRECTION IDAPA RULE
None
C. GOVERNING POLICY
Policy 149, Prison Rape Elimination
D. PURPOSE
This document outlines the department’s approach to preventing, detecting, and responding to
sexual abuse and sexual harassment to support the IDOC zero-tolerance standard.
E. RESPONSIBILITY
1. Director
The director is responsible for:
a. Selecting a Prison Rape Elimination Act (PREA) coordinator to develop, implement, and
oversee the department PREA program to reduce and prevent sexual abuse and sexual
harassment in prisons and community reentry centers.
b. Reviewing and signing the annual reporting document.
2. PREA Coordinator
The PREA coordinator is responsible for:
a. Coordinating and leading department PREA compliance efforts.
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b. Ensuring consistency in staff training and the education of residents by approving all
materials.
c. Updating PREA informational materials including posters, pamphlets, and videos.
d. Developing and maintaining memorandums of understanding (MOUs) and other
resources to support facilities.
e. Acting as liaison between the department and PREA auditors.
f. Conducting an annual review of the PREA Facility Staffing and Post Plan Review form
with PREA compliance managers.
g. Developing data collection, reporting, and trend evaluation processes.
h. Reviewing facility processes and field memorandums to ensure consistency and
compliance in PREA practices.
i. Maintaining statewide PREA reporting options and ensuring PREA hotline calls are
directed to prisons leadership, facility leadership, the PREA coordinator, and PREA
compliance managers.
j. Maintaining a confidential digital folder (PREA File) for retention of PREA investigations,
notifications, tracking, and training and education materials. The folder is accessible to
all facility PREA compliance managers and other select staff approved by PREA
coordinator.
3. Facility Heads
Facility heads are responsible for:
a. Assigning a second in command to serve as the PREA compliance manager to oversee
facility PREA compliance efforts.
b. Coordinating required sexual abuse incident reviews.
c. Implementing the PREA Field Memorandum–Prisons or the PREA Field Memorandum–
CRC.
d. Reporting alleged sexual abuse at other facilities to facility leadership.
4. PREA Compliance Managers
PREA compliance managers are responsible for:
a. Maintaining contact with the PREA coordinator.
b. Coordinating facility PREA compliance efforts and compiling audit files.
c. Coordinating facility housing efforts to ensure vulnerable individuals are not housed with
potentially abusive residents.
d. Coordinating the investigation, finding reports to the residents, and retaliation-
monitoring processes.
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e. Leading the administrative sexual assault response team (SART).
f. Reviewing PREA information posted in housing units and provided to residents to
ensure it is current, adequate, and documenting the quarterly check in the facility PREA
audit file.
g. Testing the PREA hotline quarterly from one of the phones designated for use by
residents to ensure the line is working properly and triggering alerts to facility and
division leadership.
5. Human Resource Officer
The Human Resource Officer is responsible for:
a. Ensuring PREA training is included in new employee pre-service and support service
academies and maintaining training records of the new employee trainings.
b. Notifying appropriate licensing bodies of staff sexual misconduct.
c. Responding to reference checks required by PREA standards.
6. Training Managers
The training managers for the Division of Prisons and of Probation & Parole are responsible
for:
a. Ensuring that annual IDOC-approved PREA training is completed.
b. Maintaining training records for in-service PREA training.
7. Volunteer Program Coordinator
The volunteer program coordinator is responsible for ensuring IDOC-approved PREA
training is completed for all volunteers entering prisons and maintaining training verification.
8. Management Services Chief
The chief of Management Services is responsible for:
a. Ensuring all contractors providing services to, or housing residents, comply with PREA
standards.
b. Ensuring IDOC-approved PREA training is provided and documented by the contractor
or IDOC.
c. Monitoring contracts for compliance with PREA standards.
9. Medical Services Provider
The medical services provider is responsible for:
a. Stabilizing patients and sending the PREA nursing encounter form and medical history
to hospital for off-site forensic exams.
b. Following evidence protocol to protect forensic evidence.
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c. Ensuring appropriate medical treatment is provided, and medical follow-ups are
completed.
d. Notifying appropriate licensing bodies of contractor sexual misconduct.
10. Clinical Supervisor
The clinical supervisor is responsible for:
a. Providing crisis intervention services as needed.
b. Ensuring mental health evaluation is completed, and appropriate treatment is provided.
c. Providing access to outside care when deemed appropriate.
F. DEFINITIONS
1. Community Confinement Facility: A correctional facility in which residents reside while
participating in gainful employment or employment search efforts. This definition includes
St. Anthony Work Camp and community reentry centers and is only used for this SOP and
PREA-related purposes.
2. Correctional Management System (CMS): a digital platform used by correctional
agencies to store, manage, and analyze comprehensive data about individuals
throughout their entire criminal justice process, including intake, sentencing,
incarceration, parole, and probation, allowing for informed decision-making regarding
their supervision and rehabilitation. This includes systems such as Reflections, CIS, and
Atlas.
3. Resident: A person who has been convicted of a crime against the laws of the state and
ordered into the care and custody of the Board of Correction. Resident includes any use
in Idaho law, Board of Correction rule, or IDOC policy or procedure of the terms
“offender(s),” “prisoner(s)”, “inmate(s)”, “incarcerated person(s)”, or any other term
referring to a person residing in a correctional facility in the care and custody of the
Board of Correction.
4. Sexual Abuse, Level 1, Resident-Resident: Occurs 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 and includes any of the following acts:
a. Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight.
b. Contact between the mouth and the penis, vulva, or anus.
c. Penetration of the anal or genital opening of another person, however slight, by a hand,
finger, object, or other instrument.
5. Sexual Abuse, Level 2, Resident-Resident: Occurs 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. Any other intentional touching either directly or through the clothing, of the genitalia,
anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact
incidental to a physical altercation.
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6. Sexual Harassment, Resident-Resident: Is repeated and unwelcome sexual advances,
requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or
offensive sexual nature by one resident directed toward another resident.
7. Staff Sexual Misconduct, Staff-Resident Sexual Abuse: Residents cannot consent to
sexual contact with staff. Sexual abuse of a resident by a staff member, contractor, or
volunteer includes the following categories of staff sexual misconduct and occurs with or
without consent of the resident:
a. Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight.
b. Contact between the mouth and the penis, vulva, or anus.
c. 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.
d. 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.
e. 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.
f. Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in
the activities described in this section.
g. Any display by a staff member, contractor, or volunteer of their uncovered genitalia,
buttocks, or breast in the presence of a resident.
h. Voyeurism by a staff member, contractor, or volunteer means an invasion of privacy of an
resident by staff for reasons unrelated to official duties, such as peering at residents
using a toilet in their cell to perform bodily functions; requiring an resident to expose their
buttocks, genitals, or breasts; or taking images of all or part of an resident’s naked body
or of them performing bodily functions.
8. Sexual Harassment, Staff-Resident: Repeated verbal comments or gestures of a sexual
nature to a 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.
9. Intersex: Means 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 sexual development.
10. Transgender: Means a person whose gender identity (i.e., internal sense of feeling male or
female) is different from the person’s assigned sex at birth.
G. STANDARD PROCEDURES
1. General Statement
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a. The department supports the zero-tolerance standard for sexual abuse and sexual
harassment by aggressively responding to, investigating, and supporting the prosecution
of incidents of sexual abuse and sexual harassment in all department facilities. The
department uses internal administrative disciplinary processes and external partnerships
with law enforcement and prosecutors to enforce the standard.
b. The department cooperates with outside investigators, requests updates on progress in
the cases, and requests that outside law enforcement responding to PREA investigations
follow PREA requirements.
c. When the department conducts its own investigations into allegations of sexual abuse
and sexual harassment, it is done promptly, thoroughly, and objectively for all allegations,
including third party and anonymous reports.
d. The department increases awareness of safe reporting mechanisms through education
of staff, residents, volunteers, vendors, and contractors, to create institutional cultures
that discourage sexual abuse and sexual harassment.
e. The department separates, where appropriate, and carefully monitors both residents
who are sexually abusive and those who may be vulnerable to reduce the incidence of
sexual abuse and sexual harassment through classification, housing assignment, review
of new technologies, and improvements to institution architecture where feasible.
f. Sexual contact between staff, volunteers, contractors, vendors and residents, regardless
of consensual status, is prohibited and subject to administrative disciplinary sanctions
and criminal prosecution. (See Policy 219, Sexual Misconduct with Offenders.)
g. The department collects data to accurately track sexual abuse and sexual harassment,
and uses the information to improve operations, employee training, orientation for the
newly incarcerated, and services toward a sustainable zero-tolerance standard.
h. The department protects the confidentiality of the victims of sexual abuse and provides
available services necessary to help with recovery.
2. Consensual Contact Between Residents
Before an investigation, it is often unknown if sexual contact between residents is sexual
abuse or consensual sexual activity. When it is determined the sexual contact is
consensual, the procedure converts to disciplinary action based on SOP 318.02.01.001,
Disciplinary Procedures for Residents. Consensual sexual activity between residents is a
rule violation, not sexual abuse.
3. Prevention
a. Preventing sexual abuse includes many core correctional practices such as direct
supervision, camera surveillance, and an expectation of professional behavior for staff
and appropriate behavior for residents.
b. Unhealthy dynamics that require staff intervention include verbal harassment, protection
offers, gifts, favors, rule violations, signs of coercion, or other attempts to establish power
and dominance over others.
c. Organizational Structure
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IDOC administrative prevention efforts include designating a PREA coordinator and
PREA compliance managers with sufficient authority to oversee changes required to
enhance facility safety.
d. Staffing and Post Plan
The department ensures that each facility develops and documents a staffing and post
plan that provides for adequate levels of staffing to protect residents against sexual
abuse. Any deviations from the plan must be documented in staffing logs. The PREA
coordinator and PREA compliance managers review staffing annually.
e. Unannounced Supervisory Rounds
Institutional leadership, including lieutenants, sergeants, program managers, and above,
must conduct and document in unit logs random, unannounced rounds to deter staff
sexual abuse and sexual harassment. Unannounced rounds will be conducted randomly
on all shifts and units to enforce the IDOC’s zero tolerance standard. Staff are prohibited
from alerting other staff members that the supervisory rounds are occurring.
f. Presence of Opposite Gender Staff, Contractors, and Volunteers
i. Opposite-gender staff, contractors, and volunteers must announce their presence
when entering a living area. A living area is an area where residents are likely to be
showering, performing bodily functions, or changing clothes. In secure facilities, this
is the entry point into a distinctive living area, sometimes described as the entry
door. At community confinement facilities, community reentry centers and the St.
Anthony Work Camp, this is the entry threshold into the restroom area. Such an
announcement must be made every time a staff member or visitor of the opposite
gender enters the living area, unless another opposite-gender staff member or
visitor is visibly present in the living area at the time of entry.
ii. Opposite-gender staff must verbally announce “male on tier,” “female on tier,” or
similar professional language. The announcement will be made in a normal voice,
appropriate to the level of activity in the living area.
1) Standardized signs outside living areas remind opposite-gender staff members
to announce their presence when entering and alert staff to announcement
modifications when required.
2) Residents with disabilities will be advised of how announcement procedures are
modified to ensure all residents receive notice.
iii. Residents must be given an opportunity to shower, perform bodily functions, and
change clothing without nonmedical staff of the opposite gender viewing their
breasts, buttocks, or genitalia, except in emergency circumstances or when such
viewing is incidental to routine cell checks. This includes viewing via surveillance
systems.
g. Physical Plant and Technology
The IDOC must consider how design and technology enhance the department’s ability
to protect residents from sexual abuse:
i. When designing or acquiring any new facility.
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ii. When planning any substantial expansion or modification of existing facilities.
iii. When installing or updating a video monitoring, or other monitoring technology.
4. Training
a. To be most effective in providing a safe environment, IDOC staff members must
recognize the signs of sexual abuse and sexual harassment and understand their
responsibility in the detection, prevention, response, and reporting of alleged sexual
abuse or sexual harassment of residents.
b. The PREA coordinator ensures that all IDOC PREA training meets PREA standards and
approves all PREA training materials for staff, contractors, and volunteers. The facility
training coordinator ensures training is properly delivered and documented.
c. Staff, volunteers, and contractors must verify by signature, or electronic confirmation,
that they have received and understand the PREA training.
d. Training records for IDOC-delivered pre-service and in-service training for IDOC staff are
stored in the electronic training system. Contractors maintain records of all contractor-
delivered PREA training in their employees’ training files. The volunteer coordinator
maintains training records.
e. Staff and Facility-assigned Contractor Training
i. All department staff and facility-assigned contractors who may have contact with
residents receive mandatory face-to-face PREA training on the department’s zero-
tolerance standard for sexual abuse and sexual harassment every two years. The
department provides refresher PREA information in years when trainings are not
provided.
ii. Required training includes:
1) IDOC’s zero-tolerance policy on sexual abuse and sexual harassment.
2) How to fulfill staff, contractor, and volunteer responsibilities to prevent, detect,
report, and respond to sexual. abuse and sexual harassment.
3) Residents’ right to be free from sexual abuse and sexual harassment.
4) The right of residents and employees to be free from retaliation for reporting
sexual abuse and sexual harassment.
5) The dynamics of sexual abuse and sexual harassment in correctional facilities.
6) The common reactions of sexual abuse and sexual harassment victims.
7) How to detect and respond to signs of threatened and actual sexual abuse.
8) How to avoid inappropriate relationships with residents.
9) How to communicate effectively and professionally with residents, including
lesbian, gay, bisexual, transgender, intersex, and gender non-conforming.
10) How to comply with laws that require mandatory reporting of sexual abuse to
outside authorities.
f. Volunteers, Contractors
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i. The department trains volunteers and contractors on their PREA responsibilities
based on the services they provide and level of contact they have with residents. All
volunteers and contractors are notified of the zero-tolerance standard for sexual
abuse and sexual harassment and informed on how to respond if they observe or
receive a report of sexual abuse or sexual harassment.
ii. Limited service contractors and non-facility staff who will be unescorted while in
facilities and have not received PREA training in the past year, must verify
understanding of PREA information by reading and signing the PREA Limited
Services Training form. A signed copy of the form must be kept in the facility’s PREA
training file.
g. Specialized Training
The department requires specialized training for medical and mental health
professionals, and department investigators.
i. Medical and mental health care professionals
1) Full and part-time medical and mental health care providers who regularly work
in facilities must receive the following specialized training which includes:
a) How to detect and assess signs of sexual abuse and sexual harassment.
b) How to preserve physical evidence of sexual abuse.
c) How to respond effectively and professionally to victims of sexual abuse and
sexual harassment.
d) How and to whom to report allegations or suspicions of sexual abuse and
sexual harassment.
2) The medical contractor provides the necessary specialized medical training for
its employees and maintains training records in the employee file. The medical
contractor also provides PREA training rosters annually during compliance
audits and sends them to the PREA coordinator when PREA trainings are
completed.
3) Clinical supervisors ensure mental health care staff receive specialized training
and maintain training records on the electronic training system.
ii. Investigators
1) Staff investigating sexual abuse must receive the specialized training which
includes:
a) Techniques for interviewing sexual abuse victims.
b) Proper use of Miranda and Garrity warnings.
c) Sexual abuse evidence collection in confinement settings.
d) Criteria and evidence required to substantiate a case.
2) The intelligence and investigations coordinator ensures investigators receive the
training and maintains training records.
5. Resident Education
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a. During the reception and diagnostic unit (RDU) process, residents receive initial
information on PREA, followed by comprehensive education within 30 days. They
receive written and oral information regarding:
i. The department’s zero-tolerance policy on sexual abuse and sexual harassment,
and residents’ right to be free from sexual abuse, sexual harassment, and
retaliation for reporting such incidents.
ii. How to avoid sexual contact in prison.
iii. The risks and consequences of engaging in sexual activity.
iv. How to report sexual abuse and sexual harassment.
v. What defines a false accusation and the consequences of making a false
accusation.
vi. How to obtain counseling services and medical assistance if victimized.
vii. Outside emotional support services and confidentiality offered.
b. This information is available in printed, oral, electronic and video formats. English,
Spanish and closed-captioned versions make it accessible to residents, including (but
not limited to) those who have limited English proficiency, are deaf, visually impaired, or
otherwise disabled, as well as those with limited reading skills. Only materials reviewed
and approved by the PREA coordinator may be used. Approved education materials are
on the internal server in the PREA folder that is accessed and managed by the PREA
coordinator.
c. Residents must sign a training sheet confirming that they have received the training. The
RDU manager logs a training verification in the correctional management system (CMS)
that states the following: Attended PREA orientation, watched video, discussed reporting
methods, services available, expectations, and how to stay safe. The signed training
sheets must be filed and retained for three years.
d. All residents receive refresher PREA education when transferred to a different facility.
Refresher education reinforces the zero-tolerance standard, reporting and support
options, and provides facility-specific resources. Residents must verify by signature that
they have received PREA education and facility-specific PREA information.
6. Placement of Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) Residents
a. The department does not place lesbian, gay, bisexual, transgender, or intersex residents
in dedicated facilities, units, or wings solely based on such identification or status.
b. The IDOC considers the management and placement of transgender or intersex
residents on a case-by-case basis. Health and safety, operational management, security,
and mental health needs are considered. Serious consideration is given to the residents’
own views regarding safety.
c. Transgender and intersex residents must be given the opportunity to shower separately.
7. Youthful Residents
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a. Residents under the age of 18, also known as “youthful residents”, must not be placed in
a housing unit in which they have sight, sound, or physical contact with any adult
resident through use of a shared dayroom or other common space, shower area, or
sleeping quarters.
b. In areas outside of housing units, the department must maintain sight and sound
separation between youthful residents and adult residents or provide direct staff
supervision when youthful residents and adult residents have sight, sound, or physical
contact. Direct staff supervision means that security staff are in the same room with, and
within reasonable hearing distance of, the resident.
c. The IDOC manages youthful residents on a case-by-case basis at the direction of the
chief of prisons or designee. When needed, the facility head will develop a written plan
for short-term housing of a youthful resident until permanent placement is located.
d. State law requires agencies notify the Idaho Department of Health and Welfare of any
reported abuse involving a juvenile.
8. Reporting
a. Reporting by Residents
i. The department provides multiple methods for residents to report sexual abuse,
sexual harassment, retaliation by other residents or staff, staff neglect, or staff
violation of responsibilities that may have contributed to such incidents.
ii. All reports of sexual abuse and sexual harassment must be investigated. Incidents
involving potentially criminal acts are referred to law enforcement for investigation
and potential prosecution.
iii. The department does not rely on interpreters from the prison population to help
residents who are disabled or have limited English proficiency report sexual abuse,
unless a delay would compromise the resident’s safety. Whenever possible the
department uses a staff member, or an alternative language service. Specific
services must be identified in the facility field memorandum.
iv. The best method of reporting is the quickest and safest method available to the
resident at the time. Generally, the best methods are:
1) Verbal report to any staff member
2) Written report to any staff member
3) Voicemail report to the PREA hotline
b. Confidential Reporting
Residents can report sexual abuse or sexual harassment to the Idaho Sheriffs’ Association
(ISA). Mail to this reporting option may be sent confidentially in accordance with SOP
402.02.01.001, Mail Handling in Correctional Facilities. The resident can request that the
ISA remove identifying information and keep the source of the information anonymous.
Information sent to this outside option is forwarded to the PREA coordinator for
investigation.
Idaho Sheriffs’ Association
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c. Family and Community Reporting
i. The department accepts and investigates reports of sexual abuse or sexual
harassment made on behalf of a resident.
ii. The department website, www.idoc.idaho.gov, provides a telephone number and e-
mail address for third party reporting outside of facilities.
The email option is victimservices@idoc.idaho.gov.
iii. The Helpline and email are checked during normal business hours.
iv. Staff, contractors, and volunteers may also use these options to privately report
sexual abuse or sexual harassment.
9. Concern Forms and Grievances Regarding Sexual Abuse
a. Concern forms and grievances can be used for reporting sexual abuse but may result in
a slower response. If information received in a concern form or grievance indicates a
resident may be at substantial risk for sexual abuse, the process stops and the facility
reverts to procedures outline in section 11 of this SOP.
b. Concern Forms
Any concern form alleging sexual abuse should be kept confidential and may be
submitted to the facility head, PREA compliance manager, PREA coordinator, or any staff
member, including central office staff. It should not be submitted or referred to the
subject of the allegation.
c. Grievances
The following guidelines apply to any grievance that pertains to sexual abuse or staff
sexual misconduct:
i. Time limits for filing a grievance do not apply to sexual abuse specific elements but
may be applied to unrelated concerns contained in the same grievance.
ii. The three-grievance limit does not apply.
iii. Informal resolution is not required.
iv. Grievance coordinators must not reject a grievance or allegation of sexual abuse.
v. The grievance should be confidential and may be submitted to the facility head,
PREA compliance manager, or PREA coordinator for review and appropriate
referral. It should not be submitted or referred to the subject of the investigation.
vi. A final decision on the merits of any portion of a grievance is required within 90 days
of receiving the grievance. Computation for the 90-day time period does not include
time consumed by the resident in preparing an appeal. An extension may be
granted based on normal grievance procedures. If an extension is granted, notify
the resident in writing and provide a date when the final decision will be made.
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vii. Third parties, including fellow residents, staff members, family members, attorneys,
and outside advocates, can assist the resident submitting the grievance.
viii. Third parties may submit such allegations on behalf of a resident. Third parties are
not required to use the standard grievance form when submitting a PREA grievance.
If the alleged victim denies the allegation, declines to participate, and there is no
evidence to support it, the allegation will be deemed unfounded and closed.
ix. If it is determined that the resident submitted a sexual-abuse related grievance
containing false allegations, disciplinary action may be taken in accordance with
SOP 318.02.01.001, Disciplinary Procedures for Residents.
10. Staff Reporting
a. All staff, volunteers, and contractors must immediately report orally and in writing any
knowledge, suspicion, or information received from any source regarding an allegation or
incident of sexual abuse and sexual harassment to the shift commander. When the
department learns that a resident is at risk of imminent sexual abuse, immediate action is
required by the shift commander to protect them.
b. Staff, volunteers, and contractors must keep the report and its contents confidential,
except as necessary to facilitate investigation of the allegation and administrative or
criminal proceedings.
c. The reporting staff, contractor, or volunteer must write an incident report before leaving
the facility and forward it to the shift commander.
d. Staff, contractors, and volunteers may privately report sexual abuse or sexual
harassment using these options.
The email option is victimservices@idoc.idaho.gov.
The Helpline is managed by Special Investigations Unit. The email is managed by the
PREA coordinator. Both are checked during normal business hours.
e. Failure to Report
Any staff member, contractor, or volunteer found to have failed to report sexual abuse or
sexual harassment of a resident, retaliation by other residents or staff, staff neglect, or
staff violation of responsibilities that may have contributed to such incidents, is subject to
disciplinary or other appropriate action, up to and including termination. Volunteers and
contractors may be denied access to the facility for failure to report.
f. Reporting to Other Confinement Facilities
i. If a resident reports being sexually abused while confined in another facility, either
within or outside IDOC’s jurisdiction, the shift commander must report the
information directly to the facility head.
ii. The facility head will notify the agency or facility head where the alleged abuse
occurred. All notifications must be made within 72 hours and copied to the PREA
coordinator. The PREA coordinator will log and file notifications in the PREA folder.
11. Response and Investigation
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a. Sexual abuse and sexual harassment are considered a major incident and require
immediate response in accordance with SOP 105.02.01.001, Reporting and Investigation
of Major Incidents.
b. An investigator who has received PREA-required investigation training must interview all
residents involved in an allegation of sexual abuse. If an investigator cannot respond, the
shift commander may conduct the initial interviews and take appropriate action based on
the information available at the time. However, an investigator must conduct follow up
interviews with those involved as soon as possible. If the investigator finds additional or
conflicting information, the investigator must initiate steps in accordance with this
section.
c. Response Based on When the Incident Occurred
i. The amount of time that has lapsed between the abuse and the discovery or report
affects specific steps of the response. If the alleged sexual abuse occurred within
five calendar days, then forensic evidence can be obtained from the victim and the
perpetrator.
ii. If the alleged sexual abuse did not occur within five days, the basic response
detailed in this section remains the same.
d. First Responder
i. When the department receives an allegation that a resident was sexually abused,
the first staff member to respond must:
1) Separate the alleged victim and abuser, if they have not already been
separated.
2) Immediately contact the shift commander.
3) Preserve and protect any crime scene until evidence is collected.
4) Request that the alleged victim not take any actions that could destroy physical
evidence, including, as appropriate, washing, brushing teeth, changing clothes,
urinating, defecating, drinking, or eating if the abuse occurred within five
calendar days.
5) Ensure that the alleged abuser does not take any actions that could destroy
physical evidence, including, as appropriate, washing, brushing teeth, changing
clothes, urinating, defecating, drinking, or eating if the abuse occurred within five
calendar days.
ii. If the first staff responder is not a security staff member, request that the alleged
victim take no actions that could destroy physical evidence and notify security staff.
12. Sexual Assault Response Team (SART)
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a. The facility leader must detail a facility-specific coordinated response in the standardized
Prison Rape Elimination Field Memo. The FM must name a PREA compliance manager;
identify resources to support the initial response and administrative SART and identify
the community SART. When a facility does not have the required response team
members on staff, the FM must identify how those duties will be covered. The FM will be
updated annually or in a timely manner when changes occur. The facility initial response
SART usually includes:
i. Shift commander
ii. Medical staff
iii. Mental health staff
iv. Investigator
b. The initial response SART is responsible to work with the shift commander or duty officer
for the immediate management of the victim to include medical evaluation, crisis
intervention, and temporary housing decisions.
c. Alleged sexual abuse victims should not be housed on the same unit as the alleged
abusers. Sexual abuse victims should be housed in the least restrictive environment
possible and should be allowed to retain personal property that does not present a
legitimate security concern. After a sexual abuse exam has been completed (or refused),
victims should be given access to a shower, food, and drink. Telephone calls to family,
visits from clergy, community victim services coordinators, etc., should be allowed
whenever possible.
d. If initial response SART members cannot agree on a housing assignment, the shift
commander must notify the facility duty officer. The facility duty officer then decides the
sexual abuse victim’s housing assignment.
e. The PREA Sexual Abuse or Contact Checklist provides step-by-step guidance for sexual
abuse incidents.
Functional Roles and
Responsibilities Step Tasks
Staff Member 1 Detects or learns of an alleged sexual abuse, or an alleged
consensual sexual contact.
First Responder,
Security 2a
Ensure that the alleged victim is safe and separated from
the alleged abuser.
Notify the shift commander.
Request that the alleged victim and ensure the alleged
abuser do not take any actions that could destroy physical
evidence, including washing, brushing teeth, changing
clothes, urinating, defecating, drinking or eating.
First Responder, Non-
Security 2b
Ensure that the alleged victim is safe.
Request that the alleged victim not take any actions that
could destroy physical evidence.
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Functional Roles and
Responsibilities Step Tasks
Notify security staff immediately.
Shift Commander 3 Obtain the PREA Sexual Abuse or Contact Checklist, and
begin the required documentation.
4
Shift Commander 5
When residents claim sexual activity is consensual,
interview both individuals separately.
If the interviews support possible sexual abuse, continue to
step 7.
If the interviews and evidence support that the allegation is
unfounded:
Complete the applicable sections of the PREA Sexual
Abuse or Contact Checklist and forward the original
checklist with all reports and documentation to the
investigator, and copies to the PREA compliance manager,
facility duty officer, and PREA coordinator.
If interviews and evidence support consensual activity
between the two residents,
Ensure that disciplinary procedures are followed in
compliance with SOP 318.02 01.001, Disciplinary
Procedures: Resident.
Complete the applicable sections of the PREA Sexual
Abuse or Contact Checklist and forward the original of the
checklist with all reports and documentation to investigator,
and copies to the PREA compliance manager, facility duty
officer, and PREA coordinator.
If the interviews support that the allegation was unfounded
or that the activity was consensual, the process ends here.
Shift Commander 6
If sexual abuse occurred within five calendar days, and a
sexual assault forensic exam should be completed, the
victim must be escorted to medical for immediate care in
preparation for transport to the hospital.
Secure the alleged abuser in a cell with water turned off to
preserve evidence
Collect the alleged abuser’s clothing to maintaining a chain
of custody in accordance with SOP 116.02.01.001,Custody
of Evidence, until it can be turned over to the law
enforcement agency with jurisdiction.
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Functional Roles and
Responsibilities Step Tasks
Ensure that the victim’s clothing is collected before leaving
the facility to maintain a chain of custody.
Contact local law enforcement and request an immediate
investigation.
Notify the hospital that a possible rape victim is being
transported and request that the hospital sexual assault
response team (SART) be activated.
Shift Commander 7
Activate the facility SART to coordinate response and
ensure that victim receives timely on-site medical care for
emergency needs and is assigned a staff person for mental
health support.
Shift Commander 8 Request medical prepare all required documents for
hospital transport.
Shift Commander 9
If the abuse did not occur within the last five calendar days,
base the response on the following steps applicable to the
situation.
Shift Commander 10 Secure the alleged abuser in a different unit than where the
victim is housed.
11
Facility Head or
Facility Duty Officer 12
Provide guidance if required.
When an allegation or circumstances require it, call the
administrative duty officer to ensure department resources
are deployed.
Shift Commander 13 Document the facility head contact on the PREA Sexual
Abuse or Contact Checklist and implement guidance.
Shift Commander 14
Ensure that evidence is gathered for law enforcement
investigation, based on guidance in SOP 116.02.01.001,
Custody of Evidence, and as requested by law
enforcement.
Maintain the custody of evidence, until it is turned over to
the law enforcement agency with jurisdiction.
Shift Commander 15 Notify the facility clinician or mental health professional (if
not a member of SART).
16 105 Incident Report
Shift Commander 17 Ensure that involved staff members, contractors, and
volunteers, complete reports before they leave the facility.
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13. Staff Sexual Misconduct Allegations
Some Evidence
a. In sexual abuse cases involving a staff member, contractor, or volunteer, additional steps
are required. If the initial review finds some evidence supporting the allegation that staff-
resident abuse may have occurred, or law enforcement is contacted, the shift
commander must contact the warden or facility duty officer, the administrative duty officer
(ADO) and special investigations unit (SIU).
b. SIU must accept the investigation and perform the staff and contractor interviews, or
provide input to trained facility investigators on how to proceed with staff or contractor
interviews. The ADO will involve human resources staff as needed to ensure proper
procedures are followed if a staff or contractor must be removed from the facility.
c. In SIU cases referred to law enforcement, SIU will request law enforcement updates on
progress in open staff-resident cases, and inform department leadership, facility
leadership, and the PREA coordinator of key developments including case dismissal,
referral for prosecution, indictments, convictions, and acquittals.
d. In sexual misconduct cases involving staff or contractors, SIU must send finding
notifications to HR, the contractor, when relevant, and the PREA coordinator.
Notifications to licensing boards will be sent by the employer and copied to SIU and the
PREA coordinator.
e. SART and administrative SART actions supporting the victim must be completed
according to process steps below.
Functional Roles and
Responsibilities Step Tasks
Shift Commander 18
Ensure that medical discharge instructions from the
hospital are delivered directly to facility medical staff and
copies of the forensic exam summary are delivered to
medical and investigations.
Shift Commander 19
Forward completed checklists to the facility PREA
compliance manager, the facility duty officer, facility
investigations, and PREA coordinator usually immediately,
but within 72 hours.
PREA Compliance
Manager 20 Create PREA Incident Action Plan with administrative
SART to best support the victim and investigation.
PREA Compliance
Manager 21
Verify that a qualified mental health professional performed
a risk and needs assessment within 24 hours in
accordance with this SOP.
Manager 22 Update the PREA coordinator within 72 hours.
Responsibilities Step Tasks
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Shift Commander 1
If the allegation involves a staff member or agent of the
department and includes some evidence, contact:
a. The facility head or facility duty officer (The facility
head may notify the administrative duty officer)
b. The administrative duty officer
c. The special investigations unit
Shift Commander 2
Based on leadership input:
Contact local law enforcement
If staff, remove from facility, only after conferring with the
facility head, ADO, and SIU
If volunteer, remove from facility after conferring with
facility head
Shift Commander 3
Forward completed checklists to the facility PREA
compliance manager, the facility duty officer, facility
investigations, SIU, PREA coordinator usually immediately,
but within 72 hours.
Administrative Duty
Officer 4 Make notifications required at department leadership level
to include human resources.
Special Investigations
Unit Chief 5 Monitor or oversee all staff and contractor interviews in
sexual misconduct cases
Special Investigations
Unit Chief 6
Seek updates and provide timely updates on staff sexual
misconduct cases to department leadership, facility
leadership, and the PREA coordinator.
PREA Compliance
Manager 7 Ensure administrative SART actions are completed after
consultation with SIU.
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No Evidence
a. When a staff-resident sexual abuse allegation is made, but the initial review finds no
evidence supporting the allegation, the shift commander will complete and forward the
PREA checklist and reports to investigations and to the PREA compliance manager for
prioritization and assignment. The shift commander will consult facility leadership on how
to separate the alleged victim and accused staff member until the investigation is
completed. Temporarily reassigning a staff member to another unit or another facility is
usually appropriate.
b. The shift commander will forward PREA checklists for all staff-resident allegations of
sexual abuse and sexual harassment to SIU in addition to the other required distribution.
Functional Roles and
Responsibilities Step Tasks
Shift Commander 1
If the allegation involves a staff member or agent of the
department but no immediate threat exists, contact the
facility head or facility duty officer.
2
Shift Commander 3
Ask the facility head or duty officer if the staff member or
contractor should be reassigned to a different unit than
where the victim is housed or removed from the facility.
If volunteer or visitor, remove from facility after conferring
with facility head.
Shift Commander 4
Forward completed checklists to the facility PREA
compliance manager, the facility duty officer, facility
investigations, SIU, and PREA coordinator usually
immediately, but within 72 hours.
Investigator 5 Gather initial evidence and information reports.
Keep SIU informed of process.
14. Administrative Sexual Assault Response Team (SART)
a. Sexual abuse incidents require on-going monitoring, support and follow-up. The
administrative sexual assault response team (SART) assumes responsibility after the
initial response and establishes the PREA Incident Action Plan to ensure a victim-
focused response. The administrative SART usually includes:
i. PREA compliance manager (PCM)
ii. Investigator
iii. Clinical supervisor, or mental health professional
iv. Medical representative
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b. An incident action plan should be developed within 72 hours of the initial response in
sexual abuse cases. The PCM may use the PREA Incident Action Plan form to guide
and track required actions. The action plan ensures the victim is supported and that
medical and mental health follow-ups, resident reporting, retaliation checks, and an
incident review are completed in a timely manner.
c. SART ensures a balanced multi-disciplinary team approach is used when making
decisions regarding a sexual abuse victim in the immediate crisis and in providing follow-
up support services.
15. Medical and Mental Health Services
a. Victims of sexual abuse receive prompt access to emergency medical treatment and
crisis intervention based on the nature and scope of the abuse as determined by a
medical or mental health professional. These services are provided to the victim without
cost and regardless of whether the victim names the abuser or cooperates with any
investigation arising out of the incident.
b. Forensic Examinations
i. Facility medical staff must stabilize and provide emergency medical care prior to
transport for a forensic exam. Medical staff must send the victim’s medical history
and the PREA Nursing Encounter (medical records form) to the receiving hospital,
but no forensic evidence should be collected by facility medical staff.
ii. The forensic medical exam will be performed by a sexual assault forensic examiner
(SAFE) or sexual assault nurse examiner (SANE) at a local hospital. A forensic
exam can be completed by qualified medical practitioners at the local hospital if a
SAFE or SANE provider is unavailable. The victim may refuse the forensic exam.
iii. A community victim services advocate provides emotional support and explains the
forensic exam process.
c. Facility Forensic Follow-up
Hospitals send sealed medical discharge instructions with the patient. The facility
medical staff ensure medical follow-up is completed. The nurse must notify the on-call
facility medical provider in a timely manner as needed and ensure the provider is aware
a forensic exam was completed.
d. Medical Services
i. When sexual abuse is reported five calendar days or more after the incident, facility
medical staff provide appropriate treatment to include a medical assessment, mental
health referral, treatment of all injuries, appropriate baseline labs, and prophylaxis
for sexually transmitted diseases as described in “A National Protocol for Sexual
Assault Medical Forensic Examinations and the Centers for Disease Control (CDC)
Treatment Guidelines.”
ii. All appropriate follow-up exams and booster vaccines must be scheduled and
completed based on the CDC treatment guidelines. Referrals for continued care
must be provided upon release from custody as needed.
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iii. Victims of sexually abusive vaginal penetration must be offered pregnancy tests. If a
sexual abuse results in pregnancy, sexual abuse victims must receive
comprehensive information about, and timely access to pregnancy-related medical
services.
iv. When a reportable infectious disease, such as HIV, is detected, the medical provider
is responsible for reporting it to the state health authority as required by law.
Functional Roles and
Responsibilities Step Tasks
Medical provider 1
Stabilize and assess the victim.
If no off-site treatment and no forensic exam is required
complete:
Medical assessment
Treat all injuries
Perform appropriate baseline labs
Administer prophylaxis for sexually transmitted diseases
Perform pregnancy testing when appropriate
Medical provider 2 When hospital transport is required, send the victim’s
medical history to the hospital with the transport officer.
Medical provider 3
Ensure the medical discharge instructions and a copy of
the forensic exam summary are received and required
follow-up scheduled and completed.
nurse) 4 Ensure on-call medical provider is informed in a timely
manner that a resident was sent for a forensic exam.
5
e. Mental Health Services
i. Facility mental health providers must provide a mental health evaluation and
appropriate treatment to residents who have been victimized by sexual abuse while
incarcerated. Services provided must be based on that individual’s identified clinical
need.
ii. Immediate Crisis Intervention
When a SART member is notified of a report of sexual abuse, they will notify the
facility clinical supervisor. The clinical supervisor assigns a mental health
professional to conduct a screening and complete a PREA Mental Health Progress
Report as quickly as possible, but no later than 24 hours of receiving a sexual abuse
report.
iii. Ongoing Response
1) A follow-up mental status assessment will be performed within 30 days to
monitor for delayed trauma reaction. The same standards as the first
assessment apply.
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2) If the resident is suffering from an acute stress reaction as the result of sexual
abuse or victimization, the clinician will determine the level of need for services.
In most cases, the resident will be referred to current facility mental health
services. If a mental health professional determines their mental health needs
cannot be met by the facility services, the clinical supervisor is to consult with
the Chief of Psychology, who may determine that a service provider outside the
employment of IDOC is to be contracted to provide assessment and stabilization
services for individual therapy to last approximately six sessions.
iv. Confidentiality and Mandatory Reporting
1) Information gathered in the mental health assessment must be managed
according to laws and policies regarding confidentiality of protected health
information.
2) All staff and contractors, including medical and mental health professionals, are
required to report immediately in-custody sexual abuse. State law requires
agencies notify the Idaho Department of Health and Welfare of any reported
abuse involving a juvenile or vulnerable adult.
Functional Roles and
Responsibilities Step Tasks
Mental health
professional 1
Provide immediate crisis intervention to help stabilize the
victim.
When indicated, follow SOP 315.02.01.001, Suicide Risk
Management and Intervention.
Participate in SART consultation on housing options to
ensure the safety of the resident.
Mental Health
Professional 2
Within 24 hours after an allegation, complete mental health
status examination. The encounter should be entered into
the medical record as a subjective, objective, assessment
and plan (SOAP) charting format note.
Mental Health
Professional 3
Submit a PREA Mental Health Progress Report to the
clinical supervisor, chief psychologist, and PREA
compliance manager to verify the evaluation is complete.
Mental Health
Professional 4
Provide mental health services at level of care identified.
Or:
When indicated, submit an outside counseling request to
the clinical supervisor.
Clinical Supervisor 5 Review outside counseling request and consult with the
chief psychologist
Mental Health
Professional 6 When treatment is completed, the responsible treatment
professional submits a final PREA Mental Health Progress
to the chief psychologist for final review, with copies
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Functional Roles and
Responsibilities Step Tasks
to the facility clinical supervisor, and PREA compliance
manager to confirm PREA treatment is complete.
Chief Psychologist 7 Review termination summary on all outside counseling
services. Approve additional services if indicated.
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16. Confidential Support Services
a. Residents are provided with access to outside emotional support services related to
sexual abuse. The department must allow reasonable communication between these
individuals and support organizations in as confidential a manner as possible.
b. Just Detention International (JDI) provides emotional support services related to sexual
abuse. Mail to and from JDI is monitored for contraband and items that might threaten
the safety of the recipient. JDI is required to report information that would impact the
safety or security of any IDOC facility, or the lives of staff or residents.
c. The Idaho Crisis and Suicide Hotline also provides confidential emotional support.
Residents may call *988 at any time.
d. Rape crisis centers in five Idaho regions provide victim advocate support for residents
during the forensic exam process. Residents may request a victim advocate during the
forensic exam process. Residents in facilities where local victim advocate support is
available must receive education on services available and how to access those
services.
17. Protection against Retaliation
a. The department strictly prohibits retaliation against any person for reporting or
cooperating in an investigation of sexual abuse or sexual harassment. Any resident or
staff member who reports sexual abuse or sexual harassment, or who cooperates with
any such relative investigation(s), or, who fears retaliation, must be protected.
b. The facility PREA compliance manager must assign facility staff to monitor the conduct
and treatment of residents or staff who reported the sexual abuse to determine if any
activities suggest retaliation by other residents or staff and act promptly to remedy any
such retaliation. The PREA Retaliation Monitoring Form is used for 90 days to track for
retaliation in sexual abuse cases. One initial check in required in sexual harassment
cases. The PCM will request additional retaliation checks for harassment when merited.
Completed forms are filed at the facility in the PREA compliance manager audit file.
c. If a sexual abuse or sexual harassment allegation is unfounded, retaliation monitoring
can end, unless the facility head determines that further monitoring is warranted.
Potential protective measures for residents who fear retaliation include:
i. Monitoring disciplinary offense reports
ii. Direct monitoring for unusual or abnormal behavior
iii. Housing reassignment or transfers
iv. Program changes
d. Possible retaliation by other residents must be reported to the facility head for further
investigation and possible disciplinary action.
e. Protective measures for staff who fear retaliation include:
i. Monitoring for unwarranted and apparent retaliatory performance reviews
ii. Monitor job reassignments that appear retaliatory
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f. Suspected retaliation must be reported to the facility head and human resources director
for further investigation and possible disciplinary action. Retaliation, in and of itself, is
grounds for disciplinary action up to and including termination.
18. Findings and Notifications
a. Findings
i. When the sexual abuse investigation is completed, facility leadership will determine
findings based on the evidence.
1) Substantiated means an allegation was investigated and determined to have
occurred based on a preponderance of evidence.
2) Unsubstantiated means an allegation was investigated and the investigation
produced insufficient evidence to make a final determination as to whether or not
the event occurred.
3) Unfounded means an allegation was investigated and determined not to have
occurred.
ii. In unfounded cases, sanctions for false reporting will be considered. A report of
sexual abuse made in good faith based upon a reasonable belief that the alleged
conduct occurred must not constitute a false allegation, even if the evidence does
not substantiate the allegation.
b. Notifications
i. The PREA compliance manager must ensure the victim is notified of key events, as
noted below, during and after a sexual abuse investigation. All notifications will be
documented on the PREA Reporting to Resident Form. The PREA Reporting to
Resident Form must be signed by the staff delivering the notification. The signed
PREA Reporting to Resident Form is then filed in the PREA folder.
ii. For all allegations, the victim is notified of the investigation findings, and when
criminal indictments or convictions occur. Findings for investigations involving
outside agencies or SIU must be delivered in the same manner with the PREA
coordinator providing the information for delivery to the victim.
iii. For investigations involving allegations against staff, the victim is also notified when
the following occurs:
1) The accused staff member is no longer posted within the victim’s unit.
2) The accused staff member is no longer employed at the facility.
iv. Notifications are no longer required after the resident is released from the custody of
the department.
v. The PREA coordinator must review open PREA cases monthly and notify PREA
compliance managers of victims who have been transferred between facilities to
ensure the victim continues to receive required services and notifications, unless the
victim has requested otherwise.
19. Sexual Abuse Incident Reviews
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a. The facility head or designee must conduct a sexual abuse incident review at the
conclusion of every sexual abuse investigation usually within 30 calendar days after the
investigation ends, unless the allegation was unfounded.
b. For substantiated and unsubstantiated incidents, the facility head must assemble a
review team comprised of upper-level facility management, which will seek input from:
i. Line supervisors
ii. Investigations
iii. Medical and mental health staff
c. The team must assess all factors outlined in the PREA Sexual Abuse Incident Review,
provide recommendations for improvement, and submit the report to the facility head and
PREA compliance manager. The facility head must implement the recommendations for
improvement or document the reasons for not doing so and forward the completed
incident review form to the PREA coordinator.
d. The PREA coordinator will compile a summary of incident reviews, address any
departmental changes needed, and provide an annual review to the department’s
leadership team.
e. The PREA compliance manager ensures the PREA Sexual Abuse Incident Review and
investigation file are filed in the PREA folder.
20. Sanctions
a. All substantiated sexual abuse incidents are referred to law enforcement for possible
prosecution.
b. Staff
i. Staff members are subject to disciplinary sanctions, up to and including termination
for:
1) Engaging in sexual abuse of a resident.
2) Failing to report to a supervisor any suspected or known sexual abuse of a
resident by another resident, or by a staff, contractor, or a volunteer.
3) Engaging in retaliatory conduct against a party involved in a sexual abuse or
sexual harassment complaint.
ii. A staff member who has engaged in sexual misconduct with a resident may be
subject to criminal prosecution. Information regarding termination of staff for sexual
misconduct or sexual harassment is also reported to relevant licensing bodies.
c. Contractors and Volunteers
Any contractor or volunteer who engages in sexual abuse must be prohibited from
contact with residents and must be reported to law enforcement agencies and to
relevant licensing bodies.
d. Sanctions for Residents
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i. Residents involved in sexual abuse of other residents can face criminal charges and
IDOC administrative disciplinary action. Residents are subject to IDOC disciplinary
actions for false reports, sexual abuse, sexual harassment, and consensual sexual
activity. Disciplinary actions may be taken even if the resident is not criminally
charged, criminal charges are dismissed, or they are not convicted of the criminal
charge.
ii. If the sexual abuse was between a staff member and a resident, the resident can
face criminal charges if evidence indicates that a staff member did not consent to
sexual contact.
21. Data Collection and Review
a. The department must collect and review data on all incidents of sexual abuse and sexual
harassment occurring in correctional facilities. Annually, the data is used to assess and
improve the effectiveness of sexual abuse prevention, detection, response policies,
practices, and training.
b. The PREA coordinator aggregates the data to respond to the Survey of Sexual Violence
conducted by the Department of Justice. The PREA coordinator also prepares an annual
report that identifies problem areas, and corrective action or changes were implemented.
The report, when approved by the director, is posted on the IDOC website, www.idoc.
idaho.gov.
H. REFERENCES
1. PREA Facility Staffing and Post Plan Review
2. PREA Field Memorandum–CRCs
3. PREA Field Memorandum-Prisons
4. PREA Incident Action Plan
5. PREA Limited Services Training
6. PREA Mental Health Progress Report
7. PREA Reporting to Resident Form
8. PREA Retaliation Monitoring Form
9. PREA Sexual Abuse Incident Review
10. PREA Sexual Abuse or Contact Checklist
11. SOP 105.02.01.001, Reporting and Investigation of Major Incidents
12. SOP 116.02.01.001, Custody of Evidence
13. SOP 315.02.01.001, Suicide Risk Management and Intervention
14. SOP 402.02.01.001, Mail Handling in Correctional Facilities
15. Prison Rape Elimination Act, Prison and Jail Standards, 28 C.F.R. Part 115
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