I. Purpose:
To establish guidelines for zero tolerance towards all forms of sexual abuse and sexual harassment at the Grafton County Department of Corrections facility and Community Corrections Program
 
       II. Definition:
The Prison Rape Elimination Act of 2003 (PREA) is a federal initiative to establish a nationwide standard of zero tolerance for the incidence of inmate and offender sexual assault and rape. Further, the legislation makes the prevention of inmate and offender sexual assault a top priority in penal institutions and under community supervision. The legislation also sets data collection and reporting standards that will be mandated once they are developed.
 
        III. Applicability:
To all staff, volunteers and contract personnel working with inmates/offenders under departmental control or supervision.
 
        IV. Policy:
 
It is the policy of the Grafton County Department of Corrections that:
            
            A. A safe environment for staff and inmates at all secure correctional facilities, community correction centers and inmates assigned to supervision in the community is established and maintained. The department takes a proactive approach to preventing sexual abuse and/or sexual misconduct of inmates/offenders and addresses the needs of inmates/offenders who have been sexually assaulted. Violators shall be subject to disciplinary action and have potential criminal prosecution if appropriate.
         
            B. IF THE ASSAULT HAS JUST OCCURRED, REFER TO ATTACHMENT 1 NOW.
 
            C. Staff will be provided information regarding PREA and will receive training on the policy at new hire orientation, during the corrections academy and during annual in-service training in order to keep staff current with any updates to the Prison Rape Elimination Act, their responsibilities and how to proceed.
 
            D. All inmates/offenders will be provided a copy of “the Overview of Sexual Misconduct” document that discusses this policy (attachment 2). For inmates, the notice will be included in the inmate handbook as well as become part of inmate orientation.
 
            E. All inmate/offender files, transfer packets and criminal history information will be reviewed at intake to identify inmates/offenders for potential vulnerabilities or tendencies of acting out with sexually aggressive behavior. When information of this type is discovered, it must be referred to classification so that an assessment can be done prior to a housing assignment is made.
 
            F. The majority of sexual assault/inappropriate conduct issues are not immediately reported but are detected through observation, reports by others, etc. Sections 4, A, B & C and attachment 1 provides guidance for an incident that has been reported immediately after it has occurred. Action must be taken immediately upon discovery of an incident of this nature to protect the victim(s). In this event, the Superintendent or his/her designee must be notified immediately with all investigative and protective steps to be followed as outlined.
 
 
        V. Procedures:
 
Procedure A: Institutional/Community Corrections Investigation Procedures:
 
1. Upon receipt of a complaint or information regarding an inmate sexual assault:
 
            A.  IF THE ASSAULT JUST OCCURRED REFER TO ATTACHMENT 1 NOW.
 
            B. Render emergency first aid as appropriate.
 
            C. The Shift Supervisor will be notified in order to properly secure the scene and protect the victim.
 
            D. The inmate will be transported to Dartmouth Hitchcock Medical Center for evidence collection (rape kit), treatment and collection of the inmate’s clothing. Replacement clothing must be provided. (rape kit not effective if the assault is more than 5 days’ old see section 5.B of this policy)
 
            E. Appropriate staff notifications will be made
 
Shift Supervisor
Superintendent/Captain/PREA Coordinator
Grafton County Sheriff’s Department
County Attorney
Mental Health
Chaplain
 
            F. Once returned to the institution, the inmate will be segregated in observation until a mental health assessment can be conducted. This will also allow time for proper housing decisions to be made to ensure the safety of the victim and to address the proximity of the perpetrator(s).
 
            G. Alleged inmate assailant(s) will be escorted to an appropriate area within the institution and his/her clothing will be confiscated for evidentiary purposes. Assailant(s) must be housed in separate units on single movement for the duration of the investigation. If an alleged assault takes place, the assailants will remain housed separate or as determined by Classifications and/or the Superintendent/Captain until the investigation is complete and it is decided they no longer pose a threat to others in general population. If the assault takes place while on community supervision, then the assailant(s) will be sent to the jail and the procedures outlined above will remain the same.
 
            H. The scene will be investigated, photographed and/or videotaped.
 
            I. Every staff member having contact with the accused and/or victim must complete an incident report.
 
            J. The County Attorney and Sheriff’s Department will, in consultation with the Superintendent and/or his/her designee, interview the victim and the accused and will have the responsibility for the investigation of the incident and prosecution of any offense determined to have been committed.
 
            K. The County Attorney will complete the Offender Protection Investigation Form (attachment 3) as part of the investigative report in all cases.
 
            L. A protective custody review will be conducted for the safety of the inmate.
 
2. Upon receipt of a complaint or information regarding an inmate assault on a staff member, volunteer or person under contract with the department:
 
            A. IF THE ASSAULT JUST OCCURRED REFER TO ATTACHMENT 1 NOW.
           
            B. Health services will render emergency first aid as appropriate.
 
            C. Secure the scene and notify the shift supervisor.
 
            D. Encourage the victim to seek medical attention at the local emergency department for health concerns and evidence preservation. (rape kit not effective/necessary if the assault is more than 5 days’ old see section 5.B of this policy) A staff member must be assigned to accompany the victim to provide transportation, make notifications at the victim’s request and to provide support.
 
            E. Obtain the victim’s clothing for evidence. Arrangements will be made for replacement clothing.
 
            F. Appropriate staff notifications will be made:
 
Shift Supervisor
Superintendent/Captain/PREA Coordinator
Grafton County Sheriff’s Department
County Attorney
Mental Health
Chaplain
 
            G. Ensure that the victim is offered any services and support available up to and including the Employee Assistance Program (EAP).
            
3. If information is obtained alleging that an inmate is the victim of an assault by a staff member:
 
            A. IF THE ASSAULT HAS JUST OCCURRED REFER TO ATTACHMENT 1 NOW.    
 
            B. Health services will render emergency first aid as appropriate.
 
            C. The Shift Supervisor will be notified in order to properly secure the crime scene and protect the victim.
 
            D. The inmate will be transported to Dartmouth Hitchcock Medical Center for evidence collection (rape kit), treatment and collection of the inmate’s clothing. Replacement clothing must be provided. (rape kit not effective/necessary if the assault is more than 5 days’ old see section 5.B of this policy)
 
            E.The appropriate staff notifications will be made:
 
Shift Supervisor
Superintendent/Captain/PREA Coordinator
Grafton County Sheriff’s Department
County Attorney
Mental Health
Chaplain
 
            F. Once returned to the institution, the inmate will be segregated in observation until a mental health assessment can be conducted. This will allow for proper housing decisions to be made to ensure the safety of the victim and address the proximity of the perpetrator(s).
 
            G. The crime scene will be investigated, photographed and/or videotaped.
 
            H. Every staff member having contact with the accused and/or victim must complete an incident report.
 
            I. The County Attorney/Sheriff’s Department will, in consultation with the Superintendent and/or his/her designee, interview the victim and accused and will have responsibility for the investigation of the incident and prosecution of any offense determined to have been committed.    
 
            J. The County Attorney will complete the Offender Protection Investigation Form (attachment 3) as part of their investigative reports in all cases.
 
            K. The staff member will be notified that he/she is under investigation.
 
            L. Additional steps will be taken to reassign or remove the person from the work site if appropriate.
 
Procedure B: Evidence Collection
 
1. The Attorney General’s 4th edition Sexual Assault Manual lists the following protocol for collecting and packaging evidence:
 
            A. The examiner should always wear powder-free gloves when collecting and packaging evidence.
 
            B. The examiner should always change gloves between specimen collections.
 
            C. Clothing and other evidence specimens must be sealed in paper or cardboard containers.
 
            D. All wet evidence should be dried prior to packaging whenever possible.
 
            E. In the event that the evidence is wet, the items may be first placed in paper bags, then into plastic bags, provided that holes for ventilation are made in the plastic bag.
 
            F. Urine specimens obtained should be sealed in a bio-hazard bag, then in a paper bag and never placed inside the evidence kit.
 
            G. All hospital occupational health and safety regulations should be followed, per institutional policy.
 
            H. Envelopes containing evidence should never be sealed with the examiner’s saliva. Self-adhesive envelopes or tape should be used.
 
            I. Paper bags should be sealed with tape, never staples.
 
            J. Always maintain a chain of custody with each piece of evidence collected.
 
2. The Attorney General’s 4th edition of Sexual Assault protocol further states that “if the assault occurred within 5 days of the examination, then it should be considered acute and an evidence collection kit should be used. If it is determined that the assault took place more than 5 days before the examination the use of an evidence collection kit is generally not necessary”.
 
3. Data collection and reporting:
 
            A. Data on investigations of this type will be collected through the incident report system to be used internally and to be filed with the U.S. Department of Justice, in accordance with federal PREA guidelines.
 
            B. Copies of all investigative reports and exhibits, upon completion, will be forwarded to the County Attorney’s Office, who will be responsible for reporting to the U.S. Department of Justice.
  
REFERENCES: Attorney General’s 4th Edition Assault Manual
 
Overview of Sexual Misconduct
 Attachment #2
 Definition of Sexual Misconduct:
 
Sexual misconduct (as it relates to the Grafton County Department of Corrections) is conduct of a sexual nature that is directed by staff toward offenders, by offenders toward other offenders or by offenders toward staff. An “offender” is anyone under the care, custody and supervision of the Department of Corrections. “Staff” or “staff member” is anyone employed by, contracted by or volunteering for the Department of Corrections. Sexual misconduct includes, but is not limited to the following acts or attempted acts:
 
            1. Sexual contact and/or intercourse
 
            2. Requiring or allowing an offender to engage in sexual contact, sexual intercourse or other sexual conduct for any reason (e.g., the sexual gratification of a staff member).
 
            3. Any action designed for sexual gratification of an offender or staff member, such as masturbating in front of another person
 
            4. Making or encouraging obscene or sexual advances, gestures or comments or exposing genitalia, buttocks or female breasts
 
            5. Touching of self in a sexually provocative way
 
            6. Initiating any form or type of communication of a sexual nature
 
            7. Influencing or making promises regarding safety, custody, parole status, privacy, housing, privileges, work assignments, program status, etc..., in exchange for sexual favors. This includes an exchange of anything of value between staff and offender or offender and offender.
 
            8. Threats, intimidation or retaliation
 
    No one has the right to pressure anyone to engage in sexual acts. Under New Hampshire laws, one cannot legally consent to sexual activity with anyone else while incarcerated. Therefore, it is never appropriate for a staff member to make sexual advances or comments or to engage in sexual contact with an offender. A staff member would be committing a criminal offense by participating in any sexual activity with an offender. It is not appropriate for an offender to approach a staff member in a sexual manner; this type of behavior is prohibited and corrective action will be taken to stop such behavior from occurring.
 
Steps offenders can take to reduce the possibility of sexual assaults:
Choose your associates wisely. Look for people who are involved in positive groups and activities
Avoid being alone
Do not accept gifts or favors from others. Most gifts come with a string attached
Do not accept an offer from another offender to be a protector
Avoid borrowing and becoming indebted to someone
Find a staff person with whom you feel comfortable discussing your concerns about sexual misconduct
Be alert! Contraband substances such as drugs and alcohol weaken your ability to stay alert and make good judgments
Be direct and firm if others ask you to do something you do not want to do
Trust your instincts. If you sense a situation is dangerous, it probably is
 
What to do if you are assaulted:
 
Report Sexual Misconduct:
 
Sexual misconduct (by staff or offenders) is prohibited, but it must be reported before action can be taken. Do not rely on anyone else to report misconduct. When it is experienced or seen, report it immediately.
 
To make sure that sexual misconduct is reported, the Grafton County Department of Corrections has several ways to do so with confidentiality. Offenders may use the reporting method with which they are most comfortable.
 
            A. Find a staff member (e.g. corrections officer, medical personnel, chaplain, etc.) with whom you are comfortable and tell them what happened. As part of their job, staff is required to report any allegations, ensure offender safety and maintain confidentiality.
 
            B. Send a confidential Inmate Request Slip to the Superintendent or designee.
 
            C. If you feel it is not safe to report sexual misconduct to corrections staff you can use the inmate phone and dial 1-603-787-6911 to contact the Grafton County Dispatch for purposes of reporting the sexual misconduct.
 
Seek Medical Attention:
 
If the sexual incident was recent, you will be asked to consent to a sexual assault exam by a qualified health care professional. Your consent is needed for this type of exam. Even though you may want to clean up after the assault, it is important that you advise staff immediately or as soon as practical and be seen by medical staff before you shower, wash, drink or change clothing or use the bathroom. Medical staff will examine you for injuries that may or may not be obvious to you. They may also perform further examinations to gather physical evidence of the assault and to check for sexually transmitted diseases. You have the right to refuse any examination however, if you have been the victim of sexual misconduct, it is critical you allow staff or medical professionals to collect as much evidence as possible.
 
You can receive pregnancy testing and medical attention for any injuries without submitting to a sexual assault examination. The medical care is for the purpose of treating injuries and keeping you healthy. Medical information gathered during treatment is confidential. You must sign a medical release in order for the medical information to be used as evidence in sexual misconduct. You have the right to refuse to sign the medical release. You also have the right to receive support services.
Any form of sexual misconduct is degrading and may result in psychological distress. Victims should seek appropriate treatment. Mental health staff within the institution is available to help offenders recover from the emotional impact of sexual assault.
 
What happens to reports of sexual misconduct?
 
Investigation:
All allegations of sexual misconduct, sexual harassment, over-familiarity and retaliation will be investigated. Retaliation is intimidation to prevent an offender from filing a complaint or participating in an investigation of sexual misconduct. The Department of Corrections prohibits anyone from interfering with an investigation, including by intimidation or retaliation against witnesses or victims. Any form of retaliation should be reported to the Superintendent or the investigator.
     
 
Possible outcomes of an investigation:
 
 
A thorough investigation takes time. The investigation must clearly support or refute any allegations with evidence, information gathered from witnesses and documentation. After the investigation is completed, one of the following decisions will be reached:
 
There is sufficient evidence to conclude the allegation is true
There is insufficient evidence to conclude the allegation is true
The allegation is unfounded. This means that the evidence shows that the person reporting the sexual misconduct made a false allegation. If the investigation proves that the allegation is false, the person who made the allegation is subject to corrective action, including discipline.
There is not enough evidence to prove that the allegation is true, but there is evidence to prove that another law, policy or rule was violated.
 
Anyone who sexually abuses or assaults an offender or staff member will be disciplined and may be criminally prosecuted. Discipline and criminal prosecution are more likely to be successful if the abuse is reported immediately; but regardless of when the assault occurred, it should be reported.