STATE OF MONTANA
DEPARTMENT OF CORRECTIONS
POLICY DIRECTIVE
Policy No. DOC 1.3.14
Subject: PRISON RAPE ELIMINATION ACT OF 2003 (PREA)
Chapter 1: ADMINISTRATION AND MANAGEMENT
Page 1 of 9 and Attachments
Section 3: Human Resource Bureau
Effective Date: Sept. 12, 2007
Signature:
Revised: 07/01/08; 12/15/08
I.
/s/ Mike Ferriter, Director
POLICY
The Department of Corrections has zero tolerance relating to the sexual assault/rape of offenders
and recognizes these offenders as crime victims. The Department will immediately respond to
allegations, fully investigate reported incidents, pursue disciplinary action, and refer for
investigation and prosecution those who perpetrate such conduct.
II.
APPLICABILITY
All Department divisions, contracted facilities and programs.
III. DEFINITIONS
Administrative Investigation – Any agency investigation that is not conducted for the purpose of
law enforcement or criminal prosecution.
Administrator – The official, regardless of local title (division or facility administrator, bureau
chief, warden, superintendent), ultimately responsible for the division, facility, or program
operation and management.
Employee or Staff – The terms include paid employees or contracted persons, volunteers and
interns who are paid or donate time or services to the Department, and individual service
providers, e.g., delivery, maintenance, vendors, or other service providers who may not be
contracted to the Department.
Facility – Refers to any prison, correctional facility, or community program under Department
jurisdiction or contract.
Offender – Any individual in the custody or under the supervision of the Department of
Corrections or its contracted service providers. The term includes former offenders for whom less
than one year has elapsed since discharge from Department custody or supervision.
PREA Coordinator – The official responsible for the coordination and compliance monitoring of
the Prison Rape Elimination Act of 2003 in Department and contracted facilities and programs.
PREA Investigator – The PREA unit criminal investigator with sworn peace officer authority
responsible for the criminal investigation of sexual misconduct allegations established through a
memorandum of understanding with the Montana Department of Justice, Division of Criminal
Investigation.
Unit Investigation – A formal internal investigation conducted primarily by facility-designated
investigatory staff to discover whether a violation of facility policy/procedure has occurred.
Policy No. DOC 1.3.14
Chapter 1: Administration and Management
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Subject: PRISON RAPE ELIMINATION ACT OF 2003 (PREA)
IV. DEPARTMENT DIRECTIVES
A.
Sexual Misconduct
PREA covers incidents of both staff sexual misconduct and offender on offender sexual
abuse. The Department defines sexual misconduct, which encompasses both staff sexual
misconduct and offender on offender sexual abuse, as follows:
1. Non-consensual Sexual Act: An incident in which one or more of the following acts
occurs without the offender’s consent, or the offender is unable to consent or refuse:
a. contact between the penis and the vagina or the penis and the anus involving
penetration, however slight. It does not include kicking, grabbing, or punching
genitals when the intent is to harm rather than sexually exploit;
b. contact between the mouth and the penis, vagina, or anus; and
c. penetration of the vagina or anus of another person by hand, finger, or other object.
2. Abusive Sexual Contact: Sexual contact without the offender’s consent, or in which the
offender is unable to consent or refuse. This includes one or more of the following
behaviors:
a.
intentional touching, either directly or through the clothing, of the genitalia, anus,
groin, breast, inner thigh, or buttocks of the victim; and
b. sexual contact does not include kicking, grabbing, or punching genitals when the
intent is to harm or debilitate rather than sexually exploit.
3. Staff Sexual Misconduct: Any behavior or act of a sexual nature directed toward an
offender by an employee, volunteer, contractor, official visitor, or other agency
representative; sexual relationships of a romantic nature between staff and offenders are
included in this definition. Consensual or nonconsensual sexual acts are defined as
follows:
a. intentional touching of the genitalia, anus, groin, breast, inner thigh, or buttocks with
the intent to abuse, arouse, or gratify sexual desire;
b. completed, attempted, threatened, or requested sexual acts; and
c. occurrences of indecent exposure, invasion of privacy, or staff voyeurism for sexual
gratification.
4. Staff Sexual Harassment: Repeated verbal statements or comments of a sexual nature to
an offender by an employee, volunteer, contractor, official visitor, or other agency
representative. Behaviors may include:
a. demeaning references to gender or derogatory comments about body or clothing; and
b. repeated profane or obscene language or gestures.
B.
Staff Responsibilities
1. The Department PREA coordinator is responsible for oversight of all Prison Rape
Elimination Act (PREA)-related activities.
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Chapter 1: Administration and Management
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Subject: PRISON RAPE ELIMINATION ACT OF 2003 (PREA)
2. The PREA coordinator will:
a. coordinate and develop procedures to identify, monitor, and track sexual misconduct
incidents occurring in Department facilities and programs;
b. maintain related statistics;
c. supervise the PREA investigator; and
d. conduct audits to ensure compliance with Department policy and the Prison Rape
Elimination Act of 2003.
3. Each administrator will assign a staff member to serve as PREA liaison to:
a.
b.
c.
d.
coordinate facility/program PREA-related activities;
ensure compliance with training requirements,
coordinate activities with the PREA coordinator, and
track and report PREA statistical data to the PREA coordinator.
4. The PREA investigator will conduct criminal investigations of alleged incidents of sexual
misconduct in cooperation with the Investigations Bureau, Human Resource Bureau, and
local law enforcement as needed.
C.
Offender Orientation and Education
1. During each facility orientation and as offenders are transferred between facilities, all
offenders will receive information about sexual misconduct. Designated staff will
communicate the information verbally and in writing, in a manner that is clearly
understood by offenders. Information provided will include, but is not limited to:
• presentation of this policy
• DOC Policy 1.3.12, Staff Association and Conduct with Offenders
• DOC Policy 3.3.3, Offender Grievance Program, and facility grievance
procedures
• Probation & Parole 60-10, Offender Grievance System
• Department zero tolerance stance
• self protection methods
• prevention and intervention
• treatment and counseling
• reporting incidents
• protection against retaliation
• consequences of false allegations
2. Staff in the community will provide this information to offenders during the field intake
process.
3. Staff will document verification of offender orientation and education on PREA by
completing the Offender PREA Acknowledgement Form. Staff will maintain the original
signed acknowledgement form in the offender’s main file with copies in the field files.
D.
Offender Reporting
1. Reporting Incidents
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Subject: PRISON RAPE ELIMINATION ACT OF 2003 (PREA)
a. offenders who are victims of or have knowledge of sexual misconduct should
immediately report the incident to a staff member; or
b. offenders may utilize the “locked box” formal grievance procedure to report sexual
misconduct in accordance with facility procedures and DOC Policy 3.3.3, Offender
Grievance Program; however, offenders are not required to go through the informal
resolution step to report allegations of sexual misconduct. Designated staff will
process such grievances as a high priority in accordance with established facility
emergency grievance procedures and immediately forward copies to the PREA
coordinator; or
c. offenders may use a Department approved free confidential telephone hotline to
report sexual misconduct. Procedures for using the telephone hotline will be
communicated both verbally and in writing to offenders during each facility
orientation and as offenders are transferred between facilities.
2. Offenders are not required to file written reports; however, staff who receive verbal
reports from offenders are required to file written incident reports as set forth in this
policy.
3. False Reporting
Substantiated deliberately malicious or false reports by offenders or other parties will
result in disciplinary action or criminal charges.
E.
Prevention
1. All staff and offenders will be alert to signs of potential situations in which sexual
misconduct might occur. Signs may include:
a. staff/offenders being overly friendly;
b. offering money, canteen, favors, etc.; and
c. security threat group activity.
2. All facilities and programs will identify, assess, and manage offenders with special needs,
including those who are potentially vulnerable and potentially dangerous, to provide safe
housing, adequate protection, and programmatic resources to meet their needs in accordance
with DOC Policy 4.2.2, Special Needs Offenders.
F.
Intervention
1. Staff who receive an initial report of sexual misconduct must separate the victim from
the alleged assailant to protect the victim and prevent further violence.
2. Staff who receive an initial report of sexual misconduct are required to promptly
intervene on the victim’s behalf to ensure the victim receives prompt medical and
psychological assistance, as appropriate to his or her needs and the circumstances of the
alleged offense. Victims of sexual misconduct must have an assessment for potential
risk of suicide.
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Subject: PRISON RAPE ELIMINATION ACT OF 2003 (PREA)
3. Psychological trauma may occur to individuals other than the victim of sexual
misconduct. Mental health staff must be available to support and assist those in need.
4. The shift supervisor/commander must refer victims of sexual misconduct to a
community health care facility for treatment and the gathering of evidence if the sexual
misconduct is reported within 72 hours of the incident. Shift supervisors/commanders
will refer incidents of sexual misconduct reported more than 72 hours after the incident
to “in house” health care providers who will:
a. complete a patient history and conduct an examination to document the extent of
physical injury to determine whether referral to another medical facility is
indicated;
b. offer to all victims, as appropriate, prophylactic treatment and follow up care for
sexually transmitted or other communicable diseases (e.g. HIV, hepatitis B);
c. arrange an evaluation by a qualified mental health professional for crisis
intervention counseling and long term follow up; and
d. submit a report to the appropriate staff to effect separate housing assignments for
the victim and his or her assailant.
G.
Services Provided
1. Administrators will develop procedures for providing available services to offenders
who allege that they are victims of sexual misconduct and will ensure that offenders who
allege that they are victims have access to the following services:
a. medical examination, documentation, and treatment of injuries, including testing for
HIV and other sexually transmitted diseases;
b. mental health crisis intervention and treatment;
c. social, family, and peer support; and
d. reasonable measures taken to protect and prevent future assaults such as classification
procedures to identify predator and vulnerable offenders and separation needs.
H.
Examination of Sexual Assault Victims
1. If the alleged sexual misconduct is reported within 72 hours of the incident with the
victim’s permission, facility and program staff will immediately transport the victim to a
community medical facility equipped to evaluate and treat sexual assault/rape victims.
2. If the alleged sexual misconduct is reported more than 72 hours after the incident with
the victim’s permission, law enforcement may request that facility and program staff
transport the victim to a community medical facility for evidence collection.
3. If the victim refuses medical attention following a sexual misconduct incident or
allegation, staff will document the refusal on the Medical Treatment Refusal Form.
I.
Tracking Sexual Assaults
1. The PREA investigator will track sexual misconduct reports to collect data on victims,
assailants, crime characteristics, and action taken.
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Chapter 1: Administration and Management
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Subject: PRISON RAPE ELIMINATION ACT OF 2003 (PREA)
J.
Staff Reporting
1. Regardless of its source, Department staff, contract employees, and volunteers who
receive information concerning offender on offender sexual misconduct, or who observe
an incident of offender on offender sexual misconduct, or have reasonable cause to
suspect an offender is a victim of sexual misconduct, must immediately report the
information or incident directly to their immediate supervisor and/or shift
supervisor/commander. The shift supervisor/commander will notify the MSP Command
Post at (406) 846-6059, complete a written report and forward it to the MSP Command
Post at (406) 846-2953. The MSP Command Post will then notify and forward all written
reports to the PREA investigator or Investigations bureau chief to ensure timely
notification. The assigned criminal investigator will notify local law enforcement.
2. Regardless of its source, Department staff, contract employees, and volunteers who
receive information concerning staff on offender sexual misconduct, or who observe an
incident of staff on offender sexual misconduct, or have reasonable cause to suspect an
offender is a victim of sexual misconduct, must immediately report the information or
incident directly to the MSP Command Post at (406) 846-6059. The MSP Command
Post will then notify the PREA investigator, or Investigations bureau chief, to ensure
timely notification. The PREA investigator, or Investigations bureau chief, will advise
the Human Resource bureau chief of the incident to ensure that facility supervisors and
staff have access to Human Resource Bureau support. The assigned criminal investigator
will notify local law enforcement.
3. In addition to the above reporting requirements, Department staff, contract employees,
and volunteers who know or have reasonable cause to suspect that a youth offender has
been abused or neglected, must immediately report the matter to the administrator, or
designee, and to the Department of Public Health and Human Services as required by
Mont. Code Ann. § 41-3-201.
4. Any employee or volunteer who fails to report an allegation, or coerces or threatens
another person to submit inaccurate, incomplete, or untruthful information with the intent
to alter a report, may face disciplinary action, up to and including dismissal, even on a
first offense.
5. Staff will report incidents and complete reports in accordance with DOC Policy 1.1.6,
Incident Reporting and Acting Director System.
K.
Security Procedures
1. Staff will follow appropriate security procedures, which include:
a. providing mental health and medical assistance for the alleged victim as soon as
possible;
b. separating the victim from the alleged perpetrator;
c. taking reasonable measures to identify, isolate, and separate witnesses;
d. securing the incident scene so items cannot be removed or introduced; and
e. allowing only assigned investigators to assess the scene.
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Chapter 1: Administration and Management
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Subject: PRISON RAPE ELIMINATION ACT OF 2003 (PREA)
L.
Investigative Protocols of Sexual Assaults
1. The shift commander, or designee, will initiate the Sexual Assault Response and
Containment Checklist. The completed checklist must be forwarded by fax to the MSP
Command Post at (406) 846-2953. The MSP Command Post will forward the checklist
to the PREA investigator or Investigations bureau chief.
2. Facilities will establish facility-specific protocols for the administrative and unit
investigations of allegations of sexual misconduct. Staff assigned to investigate either
administratively or at the unit level will work in cooperation with the assigned criminal
investigator to ensure the criminal investigation is not compromised.
3. Facility staff assigned to investigate will submit an incident report, in accordance with
DOC Policy 1.1.6, Incident Reporting and Acting Director System, to the PREA
investigator, or Investigations bureau chief.
4. The PREA investigator, or designee, will conduct criminal investigations of allegations
of sexual misconduct in accordance with DOC Policies 1.3.13, Staff Misconduct
Investigations, and 3.1.19, Investigations.
M.
Documentation
1. All staff who witness or have knowledge of alleged sexual misconduct must submit an
incident report before the end of their shift. This includes staff who secured the incident
scene, transported offenders, or talked to possible witnesses.
2. At the completion of a criminal investigation, the PREA investigator, or designee, will
notify the facility or program administrator, the victim, and the Department Legal Bureau
of the outcome.
N.
Treatment for Victims
1. Victim services for offenders will include crisis intervention and trauma-specific
treatment provided by mental health and/or medical professionals.
2. Victim services will be made available to all offenders under the Department’s
jurisdiction who were victims of sexual misconduct by Department staff, contract
employees, volunteers, or other offenders while in secure care or in community
correctional facilities or programs.
O.
Staff Training
1. All Department staff, contract employees, and volunteers with direct and/or incidental
contact with offenders will receive documented PREA training during orientation and/or
Correctional Detention Officer Basic (CDOB), and annually thereafter.
2. Training will include, but is not limited to:
a. review of this policy, the Prison Rape Elimination Act (PREA), DOC Policy 1.3.12,
Staff Association and Conduct with Offenders, and any other applicable state or
federal laws;
Policy No. DOC 1.3.14
Chapter 1: Administration and Management
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Subject: PRISON RAPE ELIMINATION ACT OF 2003 (PREA)
b. prevention, investigation, and prosecution of sexual misconduct;
c. zero tolerance stance;
d. recognition of sexual misconduct, predatory offenders, potential victims, and/or
staff involvement;
e. facility procedures on sharing confidential information; and
f. reporting procedures.
3. Designated staff will document training in the State’s personnel data system.
4. The Department will provide specialized training for staff who respond to and/or
investigate allegations of sexual misconduct. Training will include crime scene
management/investigation, victim sensitivity, and crisis intervention.
5. Staff are prohibited from working with offenders before they demonstrate a knowledge of
DOC Policies 1.3.12, Staff Association and Conduct with Offenders, and 1.3.14, Prison
Rape Elimination Act (PREA). Upon initial hire, staff will verify acknowledgement of
the above-stated policies by signing the Staff PREA Acknowledgement Form which will
be included in the new hire packet along with DOC Policies 1.3.12, Staff Association and
Conduct with Offenders, and 1.3.14, Prison Rape Elimination Act (PREA).
P.
Data Collection/Tracking
1. The PREA coordinator, or designee, will compile records and report statistical data to the
Federal Bureau of Justice on an annual basis as required by the Prison Rape Elimination
Act of 2003.
2. In accordance with DOC Policy 1.5.5, Case Records Management, designated staff will
retain records including incident and investigative reports, offender information, case
disposition, medical and counseling findings, and recommendations for post-release
treatment and/or counseling.
V.
CLOSING
Provisions of this policy not required by statute will be followed unless the provisions conflict with
negotiated labor contracts, which will take precedence to the extent applicable.
Questions concerning this policy should be directed to the Department’s PREA coordinator.
VI. REFERENCES
A.
B.
C.
D.
41-3-201, MCA (2007) Reports; 45-5-501, MCA (2007) Sexual Crimes Definitions; 45-5502, MCA (2007) Sexual Assault; 45-5-503, MCA (2007) Sexual Intercourse without Consent
4-4281-1 through 4-4281-8; 2008 ACA Standards Supplement
Prison Rape Elimination Act of 2003
DOC Policies 1.1.6, Incident Reporting and Acting Director System; 1.5.5, Case Records
Management; 1.3.12, Staff Association and Conduct with Offenders; 1.3.13, Staff Misconduct
Investigations; 1.8.1, Victim Services; 3.3.3, Offender Grievance Program; 4.1.2, Offender
Reception and Orientation; 4.2.1, Offender Classification System; 4.2.2, Special Needs
Offenders
Policy No. DOC 1.3.14
Chapter 1: Administration and Management
Subject: PRISON RAPE ELIMINATION ACT OF 2003 (PREA)
VII. ATTACHMENTS
Related Forms:
Offender PREA Acknowledgement Form
Medical Treatment Refusal Form
Sexual Assault Response and Containment Checklist
Staff PREA Acknowledgement Form
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