Corrections Courseware

This course is designed for Corrections Officers, Supervisors, Managers, Executives, and Investigators.  Attendees will develop a comprehensive understanding of the applicable standards and legal requirements when it comes to reporting, protecting participants, securing evidence and testimony, adhering to policy and procedures, and complying to the investigation process.

Subject:  PREA Applicability

Subject Objective:  Attendees will gain the knowledge and insights for the applicability of the Prison Rape Elimination Act of 2003.  They will understand the importance of the Federal Law, what agencies and entities of which it applies, as well as the mandates within. 

Subject:  PREA Allegations by Type

Subject Objective:  Attendees will learn of the allegation types and definitions: Nonconsensual sexual acts, Abusive sexual contacts (detainee-on-detainee only), Staff sexual misconduct/touching only, “Willing” sex with staff, Voyeurism, and Harassment.  In accordance with the definitions, attendees will learn to discern the difference between PREA violations and those violation which require administrative remedies only.

Subject: Requirements for Completing Investigations 

Subject Objective: Within the PREA Standards and Mandates, it is clear about what is required to complete a PREA Investigation.  Attendees will learn the steps used in conducting PREA Investigations, the criteria for investigations (Motive, Mean, and Opportunity) and the process during and after the completion of the investigation.  

Subject: Investigation Standards

Subject Objective:  There are clear requirements for the qualifications of the investigator (115.34).  Attendees will learn and understand the requirements for being a PREA Investigator.  Though many law enforcement investigators have experience in investigating cases that involves crimes and sex related crimes, they must understand the additional requirements to investigate PREA Cases.  

Subject:  Audit Compliance

Subject Objective:  The PREA Audit consist of 48 standards of which agencies must be 100% compliant.  Within those 48 standards there are up to 20 additional sub-standards. Each standard addresses specific requirements that range from education to specific duties which are required by ‘employee type’ to position responsibilities.  Each attendee will understand the process of how these standards apply to them as well as those that apply to the agency as a whole.

Subject:  Scope of PREA Audits

Subject Objective:  PREA Audits are extensive and comprehensive.  PREA Audits can produce more than 200 pages for the final report.  Agencies are measured by outcomes (standards met, standards not met, and standards exceeded).  Attendees will learn the basics in regard to the PREA Audit including the requirements for the Auditors to review training records, education records, mandated posting of materials, inmates’ access to report violations, access to advocacy groups, interviews with inmates and staff, and so forth.   

Subject: PREA Implementation

Subject Objective:  The implementation of PREA has the required mandate for zero-tolerance for Prison Rape as well as the other allegations within the mandate.  Attendees will learn the importance of the implementation process and how PREA violations can impact individuals that are not named as the victim, witness, or the alleged perpetrator.  They will learn, that as part of the implementation plan, individuals as well as the agency, can be called to task as a result of not reporting incidents, not providing the appropriate supervision, not securing the investigation, and so forth.

Subject: Investigative Challenges

Subject Objective:  The standards clearly define the requirements for PREA Investigators, but there are many challenges that can arise during an investigation.  Attendees will learn and understand the challenges of the PREA Investigation which can involving coercion and witness/victim intimidations, failures in confidentiality, recanting testimony, lack of cooperation, and so forth. 

Subject:  Best Practices

Subject Objective:  Though Best Practices are clear; it can be difficult to operate under this expectation for a variety of reasons.  Attendees will understand the applicability of Best Practices for compliance to the PREA mandates.  They will understand not only what these Best Practices are, they will also understand the barriers that exist as well as how to navigate through and around these barriers.

Subject: Audit Issues and Concerns

Subject Objective:  During the PREA Audit, agencies will receive a comprehensive report of the findings.  In the case where an agency receives a ‘standards not met’ determination, the agency will have an opportunity to correct the category.  Attendees will understand the process of correcting deficiencies.  They will also understand that audits have inherent issues and concerns because there may be issues with under-reporting, missing documentation, inaccurate and unreliable information during interviews, and so forth.  

Subject: Standard Deviations

Subject Objective:  Because of the level of subjectivity and because the statistics on reporting allegations can be inaccurate, it is difficult to generalize across the entire prison system population.  Attendees will learn the importance of outliers during the statistical and data gathering process and how difficult it is to completely rely of the information reported.  They will also understand how the PREA Mandates impact different categories and communities across the entire spectrum which includes: The LGBTIQIA+ Community, Juveniles, both male and female lockups, detention facilities, and prisons.

The Objective for this course is to prepare and equip the investigator with the tools they need to objectively, and thoroughly investigate cases of sexual assault and sexual harassment, of inmates/residents, in a confinement setting.   

Subject:  Investigative Process

Subject Objective:  Attendees will gain the knowledge and insights for properly conducting investigations in confinement settings.  Each attendee will understand the benefits and limitations of investigating cases in confinement settings including: the layout of the facility, the ability to gather evidence, the availability of evidence, the mindset of the victims, witnesses, and alleged perpetrators.  They will also demonstrate an understand of the psychology of confinement and how this impacts not only the inmate, but the officer as well.  

Subject:  Criminal and Administrative Agency Investigations 115.71

Subject Objective:  There is additional required experience in investigating sexual abuse cases.  Therefore, though an investigator receives confinement setting certification, the experience in investigating sexual abuse cases is a requirement so the investigator must gain that experience through the requirements and training from the agency.  115.71 also outlines the urgency and proper functions such as evidence gathering, interviewing witnesses, victims, and perpetrators, reviewing prior reports and so forth.  Each attendee will be expected to have a complete understanding of 115.71.  

Subject: Requirements for Completing Investigations 

Subject Objective: Within the PREA Standards and Mandates, it is clear about what is required to complete a PREA Investigation.  Attendees will learn the steps used in conducting PREA Investigations, the criteria for investigations (Motive, Mean, and Opportunity) and the process during and after the completion of the investigation.  

Subject: Investigation Standards

Subject Objective:  There are clear requirements for the qualifications of the investigator (115.34).  Attendees will learn and understand the requirements for being a PREA Investigator.  Though many law enforcement investigators have experience in investigating cases that involves crimes and sex related crimes, they must understand the additional requirements to investigate PREA Cases.  

Subject:  Evidence Standard for Administrative Investigations

Subject Objective:  Each attendee will understand the criteria for substantiating a sexual abuse case (No Higher Standard than Preponderance of the Evidence). 

Subject:  Reporting to Inmates/Residents 115.73

Subject Objective: Each attendee will demonstrate and understanding of the follow-up process, reporting to inmates.  For the continuity of reporting, developing trust and consistency, Investigators must follow-up as required by the process which includes following up on the protections afforded to victims, witnesses and perpetrators.     

Subject: Street Investigations vs. Confinement Investigations

Subject Objective:  It is essential that investigators understand the difference between street investigations and confinement investigations.  This includes the geography that houses the crime, the geography which limits access to witnesses, or enhances it.  The manner and style in which we interview each party.  And the psychology of confinement which helps to mitigate the influence of investigator bias.  

Subject: Investigative Challenges

Subject Objective:  Investigators should develop an empathetic style, we want to demonstrate listening, acknowledgement, and concern for the allegations that have been made.  Because of the immediate barriers of mistrust and perhaps previous experiences with law enforcement, interviews, and interrogations, victims, witnesses, and perpetrators may be reluctant to genuinely participate in the process.

Subject:  Staff as the alleged Perpetrator

Subject Objective:  Investigators will demonstrate an understanding that staff/officers can be identified as a perpetrator or witness involving sexual abuse and sexual harassment of inmates.  Investigators must objectively investigate cases involving employees, contractors, and volunteers.  The investigator must also understand the uniqueness of their positions, access, etc., and must put precautions in place for the well-being of both, staff and inmates.  

Subject: Inmates as the Alleged Perpetrator

Subject Objective:  Investigators will develop an understanding of the protections that must be guaranteed for victims, witnesses, and even the perpetrators.  In cases where the inmate is the alleged perpetrator, the investigator must follow-up to ensure that perpetrators, and victims are kept separate, and that the investigation is not interfered upon by the agency’s inability to secure victims, witnesses and perpetrators.  

Subject: Barriers (Code of Silence)

Subject Objective:  Investigators must understand that they will encounter uncooperative participants, or participation may be low.  Like what is alleged about law enforcement, inmates have a code of silence.  Investigators must be skilled enough to understand this and successfully navigate through this.  Investigators must also be aware that officers may have a code of silence as well.  Therefore, getting the truth can be difficult, but necessary.  Investigators should conduct as many interviews as possible to navigate through and around barriers.  

Subject: Supervision/Oversight

Subject Objective:  As the investigative process begins, investigators will realize the enormity of the tasks/investigation and all of the moving parts.  Investigators must be thorough, document comprehensively, clearly, and professionally.  As investigators focus on the circumstances of the case, he/she will identify all parties involved in the alleged violation.  Skilled investigators will also challenge the supervision provided before, during, and after the alleged incident.  An investigator should know who was on duty, who is supervising who and managing who, and where everyone was assigned as well as their alleged movement.   

Subject:  Confinement-Specific Evidence

Subject Objective: When investigating cases, Investigators should gather evidence from every possible resource.  Investigative protocols should include, at a minimum, standard and routine evidence gathering (empirical in nature) which incudes, video, logs, appointments, sign-ins, phone logs, recorded calls, etc.  Investigators will demonstrate an understanding of the necessary evidence and information for investigating sexual abuse and sexual harassment cases in confinement settings.  

Subject:  Interviews

Subject Objective:  Investigators will demonstrate an understanding of the differences between interviewing victims, witnesses, and perpetrators in a confinement setting as opposed to interviews being conducted in public (Police Station, etc.)  Investigators will incorporate evidence to discount or to support or corroborate testimony, etc

There are so many approached to eliminating contraband, but ours is uniquely awesome.  Here are some of the suggestions our previous attendees put forth..

Preventing Contraband

• Prohibit all cell phones, Weapons, Video Recording Devices, and 

               Drugs.  This includes devices owned by officers as well. 

• Place the Xray Machines at Booking- Ensure that everyone who enters, regardless of rank or frequency, must go through the same screening process each time. 
• All new inmates will be pat searched and ran through the Xray 

machine. 

• New inmates with felony drugs (current and previous) will be subject to immediate strip search and all inmates will be strip searched prior to going to housing. 
• Limit visitation to video visitation only. 

Assessment

• Initial assessments should occur in booking (Medical/Mental). Staff 

           should have a questionnaire for both medical and mental health. 

• Individualized Treatment Plans – develop treatment plans that are 

         tailored towards the inmate’s needs and provides training for the 

assigned staff. 

     Counseling and Therapy  

• Offer Private Individualized Counseling as well as Group Therapy targeting, usage, dependency, and prevention. 

 Medication

• Provide medication that assist with addiction such as with Opioid addictions. Tie medications into treatment plans along 

with testing for levels. 

• Ensure that every officer and each support staff receive the proper 

             training on illicit drugs, the impact        

       and symptoms of usage, policy, law, 

        treatment, and clear expectations of what is expected of them. 

              Coordinated Inmate Education as well. 

Training 

• Send booking staff to train, preparing them for competency 

            in operaIng and reading the machine. Ensure that protocols are 

           understood and acted upon as policy and training warrants. 

• Provide training for staff regarding substance abuse and addiction in 

confinement settings. 

Education

• Provide Educational Programs on the risk and consequences of using 

drugs. 

• Implement reward systems for inmates who successfully participate in the treatment programs. 
• Offer Vocational Training and Education Programs including aftercare once released. 

Some of the concerns that typically goes unaddressed are those things that have simple fixes, and yet we don’t fix them.  Unfortunately, its these very same concerns that land us in preventable lawsuits which have enormous cost, they always do.  Though the Prison Rape Elimination Act was signed into law in 2003, and finally enhanced and revised in 2012, 75% of agencies are out of compliance.  Simple fix, ensure that all staff, including contractors and volunteers, have been certified in accordance with the standards.  Additionally, individuals assigned to investigate sexual harassment and sexual abuse cases, must be certified to investigate cases in confinement settings.  The consequence of this should not be realized when an investigator and/or corrections officer is testifying in court.  

Where and from whom you receive this information is important, having individuals knowledgeable about PREA (PREA Coordinator) is one way to monitor compliance.  Your Training Department should also be monitoring and ensuring compliance.  The PREA Coordinator has enormous responsibilities, but, for the most part, serves at the agency’s PREA Encyclopedia, and as a PREA Compliance Officer.  The is much cooperation needed for an agency to be successful, so keep in mind, the magnitude of noncompliance.  From mental health to medical, from contractors to volunteers, the coordinator must know who is currently certified, and who needs to be certified.  With about 48 standards and four times as many sub-standards, there is a lot to keep up with.  Also, the availability and need for resources is usually minimal as some resources are provided for free.  We will teach the coordinator all they need to know to keep their agency in compliance. 

The seriousness of Sexual Harassment and Sexual Abuse is as serious as it would be for non-incarcerated individuals.  Failure to understand the significance, can result in costly and even tragic outcomes.   Because we are staffed with the best, in the country, our Judges and Attorneys on staff, have weighed-in on this and determined that risk of not being compliant could potentially initiate or even enhance an already existing Consent Decree.  If you have not been worried about this, now is the time to extinguish any worry, by being in compliance.

PREA Coordinator training encompasses other practices and expectations as well, so PREA Training is not solely about Sexual Harassment ad Sexual Abuse, it’s also about work-ethic, professionalism, appropriate interactions between inmates and staff and staff and staff, reporting systems, and most importantly, prevention.  Because of compliance, you may not always know what you’ve prevented, but being out of compliance, you will know then, that compliance would have been the best practice.  

This training is designed for individuals working in the field of Corrections (Prisons, Jails, and Detention Facilities).  The training focuses on the current laws (City, State, and Constitutional).  We will address specific case law and how such laws run parallel with facility policy, procedures, and regulations).  Examples of training topics will include PREA, PREA Investigations, Constitutional rights of inmates, Use of Force, Excessive Force, Accommodations for Disabilities, and so forth.  In this course, we will address the legal consequences that Corrections Officers face when violations occur including Terminations, Suspensions, and Incarcerations as well as the importance of consistency as it relates to stabilizing and maintaining a safe and secure prison.  We will discuss how illegal activities, including contraband and illegal substances poses significant risk to facility staff and inmates.  Lastly, we will discuss specifically, examples of behaviors and unfavorable actions and interactions that lead to increase liability.