General Order 75.8
PREA

Last Revised: 2/13/2017

SUBJECT: PREA

This order consists of the following numbered sections:

75.8.1    Overview

75.8.2    Definitions

75.8.3    Prevention Planning

75.8.4    Training and Education

75.8.5    Screening for Risk of Sexual Victimization and Abusiveness

75.8.6    Reporting

75.8.7    Medical and Mental Health Care

75.8.8    Official Response Following an Inmate Report

75.8.9    Responsive Planning

75.8.11    Guidelines for Discipline Under PREA Standard

75.8.12    Incident Review and Data Collection and Storage

75.8.1 Overview

The facility shall establish standards as defined by the Prison Rape Elimination Act of 2003 (Public Law 108-79 Sept. 04, 2003). These standards are established for the reduction and punishment of sexual abuse of inmates; to address the safety and treatment needs of inmates who have been a victim of a sexual act; and to discipline and prosecute those who perpetrate these acts upon inmates’. The Olympia City Jail has a zero tolerance towards all forms of sexual abuse and sexual harassment in the facility.

The Olympia City Jail is committed to the safety of any individual confined to Department custody or lodged in a correctional facility. The Department also has a zero-tolerance standard for sexual abuse involving inmate-on-inmate behaviors and staff-on-inmate behaviors. The Department will respond to all reports of sexualized behavior or abuse as nonconsensual, regardless of perception, rumor, appearance, or participant disclosure.

This policy and any other regarding the referral of allegations of sexual abuse or sexual harassment for a criminal investigation is published on the Olympia Police Department website or made publicly available via other means.

Federal Prison Rape Elimination Act (PREA), 2003; Standards for the Prevention Detection, Response, and Monitoring of Sexual Abuse in Adult Prisons and Jails is Policy 115.42.

I.    Zero tolerance of sexual abuse and sexual harassment;

A.    The Olympia City Jail has a zero tolerance toward all forms of sexual abuse and sexual harassment in this facility

B.    This policy will outline how the Olympia City Jail will implement the agency’s zero tolerance approach to preventing, detecting, and responding to sexual abuse and sexual harassment.

C.    The Olympia City Jail prohibits all sexual activity between inmates and will discipline inmates for any such activities.

D.    This policy includes a description of agency strategies and responses to reduce and prevent sexual abuse and sexual harassment of inmates.

II.    PREA Coordinator

A.    The Olympia City Jail assigns a PREA Coordinator. The PREA Coordinator is a supervisor with sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA standards within the facility. The PREA Coordinator is tasked with auditing, collecting and maintaining information on each instance of alleged inmate-on inmate sexual acts or abusive sexual contact, and each instance of staff-on-inmate sexual misconduct or sexual harassment. A designee may be assigned in periods of Coordinator’s absence.

B.    The PREA Coordinator is in the Jail Manager and is so noted on the Department’s organizational charts.

75.8.2 Definitions

General definitions and definitions of prohibited behaviors regarding sexual abuse and sexual harassment:

A.    Contractor – a person who provides services on a recurring basis pursuant to a contractual agreement with the agency.

B.    Employee or Staff – a person who works directly for the agency.

C.    Exigent circumstance – any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility.

D.    Zero-Tolerance – This term shall mean that no sexual act, contact, or harassment will be tolerated between Department staff member, contractor, or volunteer and any inmate, nor between inmates. The Olympia City Jail will not recognize ”consent” between any of the parties relative to any sexual act, conduct, or harassment.

E.    Need-to-Know – A criterion for limiting access of certain sensitive information to individuals who require the information to make decisions or take action with regard to an offender/inmate’s safety or treatment, or to the investigative process.

F.    Gender nonconforming - a person whose appearance or manner does not conform to traditional societal gender expectations.

G.    Inmate - any person incarcerated or detained in a prison or jail.

H.    Intersex – a person who’s 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.

I.    Jail – a confinement facility of a Federal, State, or local law enforcement agency whose primary use is to hold person pending adjudication of criminal charges, persons committed to confinement after adjudication of criminal charges for sentences of one year or less, or person adjudicated guilty who are awaiting transfer to a correctional facility.

J.    Pat-down - a running of hands over the clothed body of an inmate, detainee, or resident by an employee to determine whether the individual possesses contraband.

K.    Strip search - a search that requires a person to remove or arrange some or all clothing so as to permit a visual inspection of the person’s breasts, buttocks, or genitalia.

L.    Transgender - a person whose gender identity (i.e. internal sense of feeling male or female) is different from the person’s assigned sex at birth.

M.    Medical Confidentiality – The ethical principle or legal right that a physician or other health professional will hold secret all information relating to a patient. This does not apply if an inmate reports that they have engaged in consensual sexual activity, sexually abusive contact, sexually abusive penetration, sexual harassment, and/or any incident of staff-on inmate sexual abuse.

N.    Substantiated allegation – an allegation that was investigated and determined to have occurred (“sustained” in General Order 26.1).

O.    Unfounded allegation - an allegation that was investigated and determined not to have occurred (“unfounded” in General Order 26.1).

P.    Unsubstantiated allegation - an allegation that was investigated and the investigation produced insufficient evidence to make a final determination as to whether or not the event occurred (“not sustained in General Order 26.1).

Q.    False Allegation – Through the investigation process, evidence proves that an assertion of sexual abuse is not true.

R.    Volunteer - an individual who donates time and effort on a recurring basis to enhance the activities and programs of the agency.

S.    Youthful inmate – any person under the age of 18 who is under adult court supervision and incarcerated or detained in a prison or jail.

T.    Offender – Any person convicted of a crime or offense under the laws of this state, the United States government, or the laws of another state, who is under the supervision of the Corrections Division.

U.    Perpetrator – An individual committing any form of sexual abuse.

V.    Sexual Predator – An inmate who has been convicted in a criminal proceeding or an administrative proceeding for an act of sexual assault/abuse.

W.    Sexual abuse includes:

1.    Sexual abuse of an inmate or detainee by another inmate or detainee; and

2.    Sexual abuse of an inmate or detainee by a staff member, contractor, or volunteer.

X.    Sexual abuse of an inmate or detainee by another inmate or detainee includes any of the following acts, if the victim does not consent, is coerced into such act by open or implied threats of violence, or is unable to consent or refuse:

1.    Contact between the penis and the vulva or the penis and anus, including penetration however slight;

2.    Contact between the mouth and the penis, vulva, or anus;

3.    Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and

4.    Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breasts, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.

Y.    Sexual abuse of an inmate or detainee by a staff member, contractor, or volunteer includes any of the following acts, with or without consent of the inmate or detainee:

1.    Contact between the penis and the vulva or the penis and anus, including penetration however slight;

2.    Contact between the mouth and the penis, vulva, or anus;

3.    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;

4.    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;

5.    Any other intentional contact, either directly or through the clothing, of the genitalia, anus, groin, breasts, inner thigh, or the buttocks, that is unrelated to the official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

6.    Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in paragraphs (1) – (5) of this section;

7.    Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breasts in the presence of an inmate or detainee, and

8.    Voyeurism by a staff member, contractor, or volunteer.

Z.    Voyeurism by a staff member, contractor or volunteer – an invasion of privacy of an inmate or detainee, by staff for reasons unrelated to official duties, such as peering at an inmate who is using the toilet in his or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitalia, or breasts; or taking images of all or part of an inmate’s naked body or of an inmate performing bodily functions.

AA.    Sexual harassment includes:

1.    Repeated and unwelcomed sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate or detainee directed toward another; and

2.    Repeated verbal comments or gestures of a sexual nature to an inmate or detainee 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.

75.8.3 Prevention Planning

I.    Hiring and Promotion decisions

A.    The Olympia City Jail policy prohibits hiring or promoting or enlisting the services of anyone who may have contact with inmates who:

1.    Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C 1997)

2.

3.    Has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, open or implied threats of force, or coercions, or if the victim did not consent or was unable to consent or refuse.

4.    Has been civilly or administratively adjudicated to have engaged in the activity described in any paragraph in this section.

B.    The Olympia City Jail shall consider any incidents of sexual harassment in determining whether to hire or promote anyone or to enlist the services of any contractor, who may have contact with inmates.

C.    Before the Olympia City Jail hires any new employees who may have contact with inmates, it:

1.    Conducts criminal background record checks and a background investigation.

2.    Consistent with federal, state, and local law, makes its best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of an allegation of sexual abuse.

D.    The Olympia City Jail requires that a criminal background record check be completed before enlisting the services of any contractor who may have contact with inmates.

E.    Criminal background records checks will be conducted by the Department on all current employees, volunteers, and contractors who may have contact with inmates at least every five (5) years.

F.    The Olympia City Jail shall ask all applicants and employees who may have contact with inmates directly about previous misconduct described in paragraph (a) of this section in written applications or interviews for hiring or promotions and in any interviews or written self-evaluations conducted as a part of reviews of current employees. The Olympia City Jail shall impose upon employees a continuing affirmative duty to disclose any such misconduct.

G.    Employees must disclose any such misconduct. Any material omission(s) regarding such misconduct, or the provision of materially false information, shall be grounds for termination.

H.    Unless prohibited by law, the Department or the City Human Resource Department shall provide information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an employer for whom such employee has applied to work.

II.    Upgrades to facilities and technology

A.    The Jail Manager will consider the effect of the design, acquisition, expansion or modification in reference to the Jail’s ability to protect inmates from sexual abuse during any planned expansions, modifications, or video equipment updates to the facility.

B.    When installing or updating a video monitoring system, electronic surveillance system, or other monitoring technology, the Olympia City Jail shall consider how such technology may enhance the agency’s ability to protect inmates from sexual abuse.

III.    Limits to cross-gender viewing and searches

A.    The Olympia City Jail employees will not conduct cross-gender strip searches or cross-gender visual body cavity searches (anal or genital opening) except in exigent circumstances or when performed by a medical practitioner.

B.    The facility does not permit cross-gender pat-down searches of female inmates, absent exigent circumstances.

C.    The facility will not restrict female inmates’ access to regularly available programs or other out of cell opportunities based on the inability to perform cross-gender pat-down searches.

D.    All cross-gender strip searches and cross-gender visual body cavity searches shall be documented.

E.    All cross-gender pat-down searches of female inmates shall be documented.

F.    Inmates will be allowed to shower, perform bodily functions, and change clothing without non-medical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks (this includes viewing via video camera).

G.    Staff will announce "Male on the Floor" or "Female on the Floor" each time an Officer of the opposite gender enters an inmate’s housing unit; to inform inmates that an officer of the opposite gender will be on.the floor.

H.    Staff will not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status. See General Order 46.1 Service to Transgender Individuals

IV.    Youthful inmates

Youthful inmates will not be placed in any housing unit within sight, sound, or physical contact with any adult inmate through the use of a shared dayroom or other common space, shower area, or sleeping quarters. See General Order 75.1.4

V.    Inmate with disabilities and inmates who are limited English proficient

A.    The following procedures have been established to provide disabled inmates equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment. All inmate education materials will be in formats accessible to all inmates. Formats include, but not limited to:

1.    Interpreter services for the deaf or hard of hearing inmates.

2.    Interpreter services for non-English speaking inmates.

3.    Reading of the material, by staff, to inmates.

B.    The agency will not rely on inmate interpreters, inmate readers or other types of inmate assistants except in limited circumstances, and must be fully documented, where an extended delay in obtaining an effective interpreter could compromise the inmate’s safety, the performance of first-response duties, or the investigation of the inmate’s allegations.

VI.    Supervision and Monitoring

A.    The Olympia City Jail will develop, document, and make the best efforts to comply on a regular basis with a staffing plan that provides adequate levels of staffing, and where applicable, video monitoring to protect inmates against sexual abuse.

B.    Each time the staffing plan is not complied with, the facility will document and justify all deviations from the staffing plan.

C.    At least once every year the facility, in collaboration with the PREA

D.    Coordinator, will review the staffing plan to see whether adjustments are needed in:

1.    The staffing plan;

2.    The deployment of monitoring technology;

3.    The allocation of agency/facility resources to the staffing plan to ensure compliance

E.    Supervisors will conduct unannounced supervisor rounds of the Jail daily to identify and deter staff sexual abuse and sexual harassment.

1.    Each unannounced round is computer entry in the jail log. The entry will be logged as “PREA Supervisor”. All supervisor rounds will be recorded utilizing this code.

2.    The unannounced supervisor rounds will be conducted on both day and night shifts and will cover all areas of the facility.

3.    Staff is prohibited from alerting other staff members when the Supervisor is conducting these unannounced rounds.

VII.    Contracting with other entities for the confinement of inmates

Any contract entered into for the confinement of inmates after August 20, 2012, or since the last PREA audit, whichever is later, requires:

A.    All of the contractors to adopt and comply with PREA standards.

B.    All contracts require the agency to monitor the contractor’s compliance with PREA standards.

75.8.4 Training and Education

I.    Employee Training

A.    The Olympia City Jail trains all employees who have contact with inmates on the following matters:

1.    The Olympia City Jail’s zero-tolerance policy for sexual abuse and sexual harassment.

2.    How to fulfill their responsibilities under department sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures.

3.    The right of inmates to be free from sexual abuse and sexual harassment.

4.    The right of inmates and employees to be free from retaliation for reporting sexual abuse and sexual harassment.

5.    The dynamics of sexual abuse and sexual harassment in confinement.

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 inmates.

9.    How to communicate effectively and professionally with inmates, including lesbian, gay, bisexual, transgender, intersex, or gender-nonconforming inmates.

10.    How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities.

B.    Training is tailored to the gender of the inmates in the facility.

C.    Between training sessions, employees are provided with information about current policies regarding sexual abuse and harassment.

D.    The Olympia City Jail documents that employees understand the training they have received through employee signature or electronic verification.

II.    Volunteer and contractor training

A.    Volunteers and contractors, who have contact with inmates, will be trained on their responsibilities under the Olympia City Jail’s PREA policy. The type and level of training is based on the services they provide and level of contact they have with inmates.

B.    Volunteers and contractors who have contact with inmates will be informed of the Olympia City Jail’s zero-tolerance policy regarding sexual abuse and sexual harassment, how to report such incidents, and how to avoid inappropriate relationships with inmates.

C.    Documentation confirming that the volunteers/contractors understand the training they receive is kept on file.

III.    Inmate Education

A.    During intake inmates will receive orientation explaining the facility zero-tolerance policy regarding sexual abuse and sexual harassment and how to report incidents or suspicions of sexual abuse or sexual harassment.

1.    Corrections Staff will provide a sexual assault awareness pamphlet with information on self-protection and prevention techniques, treatment and counseling, and reporting methods to each inmate at booking.

2.    The PREA Coordinator will post information about sexual assault awareness and reporting information at intake, and in the fingerprint room.

B.    Inmate PREA education is available in accessible formats for inmates who are:

1.    Limited English proficient

2.    Hearing impaired

3.    Visually impaired

4.    Limited in their reading skills

C.    Staff administering PREA education sessions will document inmate participation in the electronic record management system.

D.    The Jail Manager will ensure that key information about the Olympia City Jail’s PREA policies is continuously and readily available or visible through posters, education, the inmate handbook, and written formats.

E.    The PREA Coordinator will ensure inmates receive PREA education within 30 days of incarceration.

IV.    Specialized Training: Investigations

A.    Investigators who investigate allegations of sexual abuse will be trained in conducting sexual abuse investigations in confinement settings.

B.    The specialized training shall include techniques for interviewing sexual abuse victims, proper use of Miranda and Garrity warnings, sexual abuse evidence collection in a confinement setting, and the criteria and evidence required to substantiate a case for administrative action or prosecution referral.

C.    The Olympia Police Department maintains documentation showing that investigators have completed the required training.

V.    Specialized Training: Medical and Mental Health Care

A.    Corrections and medical staff will be trained on the proper procedures for securing a crime scene and preserving evidence in exigent circumstances to include:

1.    How to detect and assess signs of sexual abuse and sexual harassment

2.    How to preserve physical evidence of sexual abuse

3.    How to respond effectively and professionally to victims of sexual abuse and sexual harassment

4.    How and to whom to report allegations or suspicions of sexual abuse and sexual harassment

B.    Olympia City Jail medical staff will not conduct forensic exams. Forensic exams will be conducted at a local hospital.

75.8.5 Screening for Risk of Sexual Victimization and Abusiveness

I.    Screening for risk at intake

A.    The booking officer will screen each inmate during intake using an objective screening instrument for their risk of being sexually abused by other inmates or sexually abusive toward other inmates.

B.    A Jail Sergeant will conduct a classification assessment no later than 30 days from the inmate’s booking based upon any additional, relevant information received by the facility since the intake screening.

C.    The intake screening will consider at the minimum the following:

1.    Whether the inmate has a mental, physical, or developmental disability

2.    Age of the inmate

3.    Physical build of the inmate

4.    Previous incarceration

5.    Criminal history (non-violent)

6.    Prior convictions for sex offenses

7.    If the inmate is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming

8.    Previous sexual victim

9.    Self-perception of vulnerability

10.    Prior acts of sexual abuse

11.    Prior convictions for violent offenses

12.    Prior institutional violence or sexual abuse

D.    A Corrections Sergeant shall review an inmate’s classification at any time as a result of new information related to the inmate’s sexual victimization or abusiveness or an incident of sexual abuse.

E.    Inmates will not be disciplined for refusing to answer, or for not disclosing complete information in response to questions asked during the risk screening.

F.    Staff will not use sensitive information obtained during the screening to the inmate’s detriment.

II.    Use of screening information

A.    Corrections staff will use information from the risk screening to

i.    determine housing and program assignments to prevent victimization and abuse.

B.    Corrections staff will make housing assignments on a case-by-case basis considering the safety of each inmate.

C.    Corrections staff may house inmates in a pre-classification status for up to 72 hours if staff is unable to make a housing determination.

Corrections staff will not house lesbian, gay, bisexual, transgender, or intersex inmates in units solely on the basis of such identification or status.

III.    Protective Custody

A.    Corrections staff will not house inmates at high risk for sexual victimization in involuntary segregation unless there is no available alternative means of separation from likely abusers.

B.    Corrections staff will document the basis for the safety concern and the reason why an alternative solution cannot be arranged when segregating an inmate at high risk for sexual victimization.

C.    Corrections staff will ensure inmates segregated as a means of separation from likely abusers shall have access to the same programs, privileges, education and work opportunities as if they were not segregated.

D.    If access must be limited, Corrections staff will document which opportunities were limited, the duration of the limitation, and the reason for the limitation.

E.    Corrections staff will notify the PREA Coordinator when an inmate at risk for sexual victimization is housed in segregation.

F.    The PREA Coordinator will review the housing decision, determine if the need for continued segregation is required, and document the decision for housing.

G.    The PREA Coordinator will review the need for continued segregation every 30 days.

75.8.6 Reporting

I.    Inmate reporting

A.    The Jail Manager will provide multiple private methods for inmates to report the following:

1.    Sexual abuse or sexual harassment.

2.    Retaliation by other inmates or staff for reporting sexual abuse and sexual harassment.

3.    Staff neglect of responsibilities or policy violation that may have contributed to sexual abuse or sexual harassment.

B.    The PREA Coordinator will ensure inmates have access to a public or private outside agency to report abuse or harassment.

C.    Corrections staff will provide inmates detained solely for civil immigration purposes contact information for consular and Department of Homeland Security officials.

D.    Corrections staff must accept reports of sexual assault and sexual harassment made verbally, in writing, anonymously, and from third parties.

E.    Corrections staff is required to immediately document verbal reports.

II.    Additional administrative remedies - Grievances

A.    In addition to the reporting options in 75.8.6.I, inmates may choose to file a grievance either in lieu of the above reporting options or in addition to the options.

B.    Corrections staff will allow inmates to submit a grievance regarding allegations of sexual abuse or harassment at any time.

C.    Corrections staff will not require inmates to use a grievance process or attempt to resolve an incident of sexual abuse or harassment prior to reporting.

D.    Corrections staff will allow inmates to submit a grievance alleging sexual abuse to someone who is not the subject of the complaint and staff will not forward a grievance to the subject of the complaint of sexual abuse.

E.    The Olympia Police Department will issue a final decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance. The Department may extend the final decision for up to 70 days if the 90-day time period for response is insufficient to make an appropriate decision. The Jail Manager will notify the inmate in writing if the response will be extended beyond 90 days and provide a date by which a decision will be made.

F.    Corrections staff will allow inmates to file an emergency grievance if the inmate alleges that they are subject to a substantial risk of imminent sexual abuse.

G.    Corrections staff will notify the Jail Manager immediately when an emergency grievance is filed. The Jail Manager will provide an initial response to emergency grievances within 48 hours and a final decision within five (5) days.

H.    The Jail Manager will document the determination of whether the inmate is in substantial risk of imminent sexual abuse and action taken in the initial and final response.

I.    The Olympia Police Department will consider the absence of a response within the allotted time as a denial.

J.    The Jail Manager may refer a completed investigation for sexual abuse to the Administrative Sergeant for consideration of inmate discipline if the inmate filed a grievance related to alleged sexual abuse and the investigation showed the inmate filed the grievance in bad faith.

III.    Inmate access to outside confidential support services

A.    Corrections staff will provide inmates with access to outside victim advocates for emotional support services related to sexual abuse by:

1.    Providing mailing addresses and telephone numbers (including toll-free hotline numbers where available, for local, state, or national victim advocacy or rape crisis organizations).

2.    Providing mailing addresses and telephone numbers (including toll-free hotline numbers where available) for immigrant services agencies for persons detained solely for civil immigration purposes.

3.    Enabling reasonable communication between inmates and these organizations in as confidential a manner as possible.

B.    Corrections staff will inform inmates prior to giving them access to outside support services, the extent to which such communications will be monitored.

C.    The PREA Coordinator will ensure inmates are informed of the mandatory reporting rules governing privacy, confidentiality, and/or privilege that apply for disclosures of sexual abuse made to outside victim advocates, including any limits to confidentiality under relevant federal, state, or local law.

D.    The Jail Manager shall maintain or attempt to enter into memoranda of understanding (MOU) of other agreements with community service providers.

E.    The Olympia City Jail shall maintain copies of agreements or documentation showing attempts to enter into such agreements.

IV.    Third-party reporting

A.    The PREA Coordinator will ensure the Olympia City Jail provides a method to receive third-party reports of inmate sexual abuse or sexual harassment by posting third-party reporting information and contact numbers on the Olympia Police Department website and in the lobby for public viewing.

B.    Corrections staff will allow reporting from a third-party including but not limited to fellow inmates, staff members, family members, attorneys, and outside advocates to assist inmates in filing requests for administrative remedies relating to allegations of sexual abuse or sexual harassment.

C.    If the inmate declines to have third-party assistance in filing a grievance alleging sexual abuse or sexual harassment, corrections staff will document the inmate’s decision to decline.

75.8.7 Medical and Mental Health Care

I.    Medical and mental health screening; history of sexual abuse

A.    Corrections Officers shall offer inmates who disclose prior sexual victimization or sexual abuse during an intake screening a follow-up meeting with a medical or mental health practitioner within 14 days of intake.

B.    Medical and mental health practitioners shall obtain informed consent from inmates before reporting information about prior sexual victimization that did not occur in an institutional setting, unless the inmate is under the age of 18.

C.    Information related to sexual victimization or abusiveness that occurred in an institutional setting is limited to medical and mental health practitioners and other staff as necessary to inform security and management decisions, develop treatment plans, housing, bed, work, education, and program assignments, or as otherwise required by federal, state or local law.

II.    Access to emergency medical and mental health services

A.    Corrections staff shall ensure inmate victims of sexual abuse receive timely and unimpeded access to emergency medical treatment and crisis intervention services. If no qualified medical or mental health practitioners are on duty at the time a report of recent abuse is made, staff first responders shall take preliminary steps to protect the victim pursuant to PREA Standard ¬§ 115.62 and shall immediately notify the appropriate medical and mental health practitioners.

B.    Olympia City Jail Medical staff shall offer inmate victims of sexual abuse timely information access to emergency contraception and sexually transmitted infections prophylaxis while incarcerated, in accordance with professionally accepted standards of care where medically appropriate.

C.    Treatment services shall be provided to every victim without financial cost to the victim and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident.

III.    Ongoing medical and mental health care for sexual abuse victims and abusers

A.    Sexual abuse victims

1.    The Olympia City Jail will offer medical and mental health evaluation and, as appropriate, treatment to inmates who have been victimized by sexual abuse or sexual harassment in any prison, jail, lockup, or juvenile facility.

2.    The evaluation and treatment of such victims shall include, as appropriate:

a.    Follow-up services

b.    Treatment plans

c.    Referrals for continued care following transfer or placement in other facilities, or their release from custody including but not limited to:

i.    Medical and mental health services consistent with the community level of care

ii.    Female victims of sexual abuse while incarcerated shall be offered pregnancy tests

iii.    If pregnancy results from sexual abuse while incarcerated, victims shall receive timely and comprehensive information about and timely access to all lawful pregnancy-related medical services

iv.    Tests for sexually transmitted infections as medically appropriate

3.    Treatment services will be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident.

B.    Sexual abusers

A mental health evaluation shall be attempted on all inmate-on-inmate abusers within 60 days of learning of such abuse history. Treatment will be offered and provided when deemed appropriate by a mental health practitioner.

75.8.8 Official Response Following an Inmate Report

I.    Staff and agency reporting duties

A.    Olympia Police Department staff can privately report sexual abuse and sexual harassment of inmates to any department supervisor.

B.    Department staff is informed of these procedures, policy, training, briefings, email, and online training.

C.    Department staff will immediately report knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, even if that facility is not the Olympia Police Department Jail.

D.    Department staff will immediately report any retaliation against inmates or staff who report such incidents.

E.    Department staff will immediately report neglect of reporting responsibilities related to an incident alleging sexual abuse or sexual harassment.

F.    Department staff shall not reveal information related to a report of sexual abuse or sexual harassment to anyone apart from reporting to the designated supervisors or officials and designated state or local services agencies, as necessary to make treatment, investigation, and other security and management decision.

G.    The Jail Manager will inform mental health and medical practitioners operating in the Jail that unless otherwise precluded by Federal, State or local law, they are required to report sexual abuse to the appropriate officials and to inform inmates of their duty to report and the limitations of confidentiality at the initiation of services.

H.    The PREA Coordinator will report an allegation to the designated State or local services agency under applicable mandatory reporting laws if the alleged victim is under the age of 18 or considered a vulnerable adult.

I.    The Jail Manager will ensure allegations of sexual abuse and sexual harassment, including third-party and anonymous reports, are referred to the Professional Standards Office.

IV.    Agency protection duties

Department staff will take immediate action to protect an inmate once it is determined that the inmate is subject to a substantial risk of imminent sexual abuse.

V.    Coordinated response and first responder duties

A.    When responding to an allegation of immediately recent sexual abuse, the first responder will follow the coordinated response plan maintained by the Department. The plan will include first responders, medical and mental health practitioners, investigators, and Department supervisors and managers.

B.    The coordinated response plan is as follows:

1.    Separate the alleged victim and abuser.

2.    Preserve and protect the crime scene until appropriate steps are taken to collect any evidence.

a.    The first officer on the scene has the responsibility to secure, preserve, and control access to and from the crime scene until relieved by a patrol officer.

b.    Corrections staff will utilize the crime scene response kit to ensure the crime scene is secure with crime scene tape, limit access to the scene, and start a crime scene log.

3.    If the abuse occurred within a time period that still allows for the collection of physical evidence, staff will ensure that the alleged abuser not take any action that could destroy physical evidence; including washing, brushing teeth, changing clothes, urinating, defecating, drinking or eating.

4.    If the abuse occurred within a time period that still allows for the collection of physical evidence, staff will ensure that the alleged abuser not take any action that could destroy physical evidence; including washing, brushing teeth, changing clothes, urinating, defecating, drinking or eating.

5.    Department staff will notify the Jail Manager immediately in the case of a rape in the Jail.

6.    Department staff will ensure the inmate receives a mental and medical health assessment.

VI.    Agency protection against retaliation

A.    The Olympia Police Department will protect inmates and staff who report sexual abuse or sexual harassment or those who cooperate with sexual abuse or sexual harassment investigations from retaliation by other inmates or staff. The PREA Coordinator will monitor for retaliation.

B.    The Olympia Police Department will use necessary protection measures, such as housing changes or transfers for inmate victims or abusers, removal of alleged staff or inmate abusers from contact with victims, and emotional support services for inmates or staff that fear retaliation for reporting sexual abuse or sexual harassment or for cooperating with investigations.

C.    For at least 90 days following a report of sexual abuse, the PREA Coordinator shall monitor the conduct and treatment of inmates or staff who report sexual abuse and of inmates who were reported to have suffered sexual abuse to see if there are changes that may suggest possible retaliation by inmate or staff, and acts promptly to remedy any such retaliation.

D.    Monitoring shall include:

1.    Any inmate disciplinary reports

2.    Housing or program changes

3.    Negative performance reviews or reassignments of staff

E.    The PREA Coordinator shall continue such monitoring beyond 90 days if the initial monitoring indicates a continuing need.

F.    In the case of inmates, such monitoring shall also include periodic and documented status checks.

G.    If any other individual who cooperates with an investigation expresses a fear of retaliation, the Department shall take appropriate measures to protect that individual against retaliation.

H.    The PREA Coordinators obligation to monitor shall terminate if the investigation determines that the allegation is unfounded.

G.    Preservation of ability to protect inmates from contact with abusers

The Olympia Police Department, or any other governmental entity responsible for collective bargaining on the Department’s behalf, will not enter into any new or renewed collective bargaining agreement that prevents the Department from removing an alleged abuser from contact with inmates pending investigation outcomes

VII.    Post-allegation protective custody

A.    Any use of segregated housing to protect an inmate who is alleged to have suffered sexual abuse is subject to the requirements of PREA standard ¬§115.43.

VIII.    Reporting to other confinement facilities

A.    Department staff will forward information related to an allegation of sexual abuse or sexual harassment while confined at another facility to the Jail Manager within one business day of receiving the report. The Jail Manager must notify the head of the facility where sexual abuse or sexual harassment is alleged to have occurred within 72 hours of receiving the allegation and document notification.

B.    The Olympia Police Department Internal Affairs Division is required to fully investigate allegations received from other facilities/agencies.

75.8.9 Criminal and administrative agency investigations

I.    Investigation Protocol

A.    The Olympia Police Department ensures that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment (including inmate-on-inmate sexual abuse or staff sexual misconduct).

B.    Investigations into allegations of sexual abuse and sexual harassment will be done promptly, thoroughly, and objectively, including third-party and anonymous reports.

C.    Allegations of sexual abuse or sexual harassment must be referred for investigation to an agency with the legal authority to conduct criminal investigations, including the agency if it conducts its own investigations, unless the allegation does not involve potentially criminal behavior.

D.    All referrals of allegations of sexual abuse or sexual harassment for criminal investigations must be documented.

E.    The Olympia Police Department shall use police officers who are trained in conducting sexual abuse and sexual harassment investigations in confinement settings.

F.    Officers shall:

1.    Gather and preserve evidence;

2.    Interview alleged victims, suspected perpetrators, and witnesses;

3.    Review prior complaints and reports of sexual abuse and sexual harassment involving the suspected perpetrator.

G.    When the quality of evidence appears to support criminal prosecution, the Olympia Police Department shall conduct compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution.

H.    The credibility of an alleged victim, suspect or witness shall not be determined by the person’s status as inmate or staff. The Olympia Police Department shall not require an inmate who alleges sexual abuse to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an allegation.

I.    Criminal investigations shall be documented in a written report that contains a thorough description of physical, testimonial and documentary evidence and attaches copies of all documentary evidence where feasible.

J.    Substantial allegations of conduct that appear to be criminal will be referred for prosecution.

K.    Administrative investigations:

L.    Shall include an effort to determine whether staff actions or failures to act contributed to the abuse;

M.    Shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings.

N.    The Olympia Police Department retains written reports pertaining to administrative or criminal investigations of alleged sexual assault or sexual harassment for as long as the alleged abuser is incarcerated or employed by the Department, plus five (5) years.

O.    The departure of the alleged abuser or victim from the employment or control of the facility or Department control shall not provide a basis for terminating an investigation.

II.    Evidence protocol and forensic medical examinations

A.    When conducting a sexual abuse investigation, the Olympia Police Department will follow a uniform evidence protocol.

B.    The Olympia Police Department’s evidence protocol will be based on the most recent edition of the U.S. Department of Justice’s Office on Violence against Women publication, “A National Protocol for Sexual Assault, Medical Forensic Examinations, Adults/Adolescents”, or similarly comprehensive and authoritative protocols developed after 2011.

C.    All victims of sexual abuse will be offered access to forensic medical examinations. Such examinations will be offered without financial cost to the victim. Forensic examinations will be conducted at a local hospital.

D.    Examinations are conducted by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs)

1.    When SANEs or SAFEs are not available, a qualified medical practitioner performs forensic medical examinations

2.    The Olympia City Jail will document efforts to provide SANEs or SAFEs

E.    The Olympia City Jail will attempt to make victim advocates available from a rape crisis center (Safeplace), in person or by other means. All of these efforts are fully documented.

F.    If or when a rape crisis center is not available to provide victim advocate services, the facility provides a qualified staff member from a community-based organization or a qualified agency staff member.

G.    If requested by the victim, a victim advocate, qualified agency staff member, or qualified community-based organization staff member accompanies and supports the victim through the forensic medical examination process and investigatory interviews and provides emotional support, crisis intervention, information, and referrals.

III.    Evidentiary standards for administrative investigations

The Olympia Police Department imposes a standard of a preponderance of the evidence for administrative investigations when determining whether allegations of sexual abuse or sexual harassment are substantiated.

IV.    Notifying Inmates of Administrative Investigation Findings

A.    Following an administrative investigation, the Professional Standards Lieutenant will inform an inmate who makes an allegation of sexual abuse of the finding.

B.    The Professional Standards Lieutenant must inform the inmate when a complaint of sexual abuse or sexual harassment committed by a staff member against an inmate is not unfounded if:

1.    The staff member is no longer posted within the inmate’s unit, and

2.    The staff member is no longer employed at the facility, and

3.    The staff member is indicted or convicted on a charge related to sexual abuse or sexual harassment within the facility.

C.    The Professional Standards Lieutenant will notify the alleged inmate victim of a sexual assault or sexual harassment committed by another inmate if the alleged abuser has been indicted or convicted on a charge related to sexual abuse or sexual harassment within the facility.

75.8.11 Guidelines for Discipline Under PREA Standard

I.    Disciplinary Sanctions for staff

A.    Department staff is subject to disciplinary sanctions up to and including termination for violating agency sexual abuse or sexual harassment policies.

B.    Termination is the presumptive sanction for staff that is found to have engaged in sexual abuse.

C.    Disciplinary sanctions for violations of Department policies relating to sexual abuse or sexual harassment (other than actually engaging in sexual abuse or sexual harassment) shall be commensurate with the nature and circumstances of the acts committed, the staff member’s disciplinary history, and the sanctions imposed for comparable offenses by other staff with similar histories.

D.    All terminations for violations of Department sexual abuse or sexual harassment policies, or resignations by staff who would have been terminated if not for their resignation, are reported to law enforcement agencies, unless the activity was clearly not criminal, and to any relevant licensing bodies.

II.    Corrective action for contractors and volunteers

A.    Any contractor or volunteer who engages in sexual abuse is prohibited from further contact with inmates. The Olympia Police Department requires that any contractor or volunteer who engages in sexual abuse be reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies.

B.    Any contractor or volunteer who engages in sexual abuse is prohibited from further contact with inmates. The Olympia Police Department requires that any contractor or volunteer who engages in sexual abuse be reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies.

C.    The disciplinary process considers whether an inmate’s mental disabilities or mental illness contributed to his or her behavior when determining what type of sanction, if any, should be imposed.

D.    The Olympia City Jail does not offer therapy, counseling, or other interventions designed to address and correct underlying reasons or motivations for abuse.

E.    The Olympia City Jail may discipline inmates for sexual conduct with staff only upon finding that the staff member did not consent to such contact.

F.    The Olympia City Jail prohibits disciplinary action for a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred, even if an investigation does not establish evidence sufficient to substantiate the allegation.

G.    The Olympia Police Department prohibits sexual activity between inmates. The Olympia City Jail will only deem such activity to constitute sexual abuse if it determines that the activity is coerced.

75.8.12 Incident Review and Data Collection and Storage

I.    Sexual abuse incident reviews

A.    The Olympia City Jail conducts a sexual abuse incident review within thirty (30) days of the conclusion of every sexual abuse investigation that is not unfounded.

B.    The sexual abuse incident review team will include upper-level management officials and allows for input from line supervisors, investigators, and medical or mental health staff.

C.    The review team shall:

1.    Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect or respond to sexual abuse.

2.    Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; identification or perceived identification of sexual orientation; or gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility.

3.    Examine the area in the Olympia City Jail where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse.

4.    Assess the adequacy of staffing levels in that area during different shifts.

5.    Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff.

6.    Prepare a report of its findings and any recommendations for improvement and submit such report to the department head and PREA Compliance Manager.

D.    The Olympia Police Department will implement the recommendations or will document the reason for not doing so.

II.    Data collection

A.    The Olympia City Jail collects accurate, uniform data for every allegation of sexual abuse or sexual harassment using a standardized instrument and set of definitions. The standardized instrument includes, at a minimum, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence (SSV) conducted by the Department of Justice.

B.    The Olympia City Jail aggregates the incident-based data at least annually.

C.    The Olympia City Jail maintains, reviews, and collects data as needed from all available incident-based documents, including reports, investigation files, and sexual abuse incident reviews.

D.    The Olympia City Jail shall obtain incident-based and aggregated data from every private facility with which it contracts for the confinement of its inmates.

E.    Upon request, the Olympia City Jail will provide all such data from the previous calendar year to the Department of Justice no later than June 30th.

III.    Data review for corrective action

A.    The Olympia City Jail reviews data collected and aggregated pursuant to PREA Standard ¬§115.87 in order to assess and improve the effectiveness of its sexual abuse and sexual harassment prevention, detection, response policies, and training, including:

1.    Identifying problem areas

2.    Taking corrective action on an ongoing basis

3.    Preparing an annual report of its findings from its data review and recommended corrective actions for each facility, as well as the Department as a whole.

B.    The annual report will include a comparison of the current year’s data and corrective actions to date and corrective actions from prior years; the report shall provide an assessment of the Olympia City Jail’s progress in addressing sexual abuse.

C.    The Olympia City Jail will make its annual report readily available to the public on the Olympia Police Department website.

D.    The annual report must be approved by the Chief of Police.

E.    The Olympia City Jail may redact specific material from the annual report when publication would present a clear and specific threat to the safety and security of the facility.

F.    The Olympia City Jail will indicate the nature of the redaction

IV.    Data storage, publication, and destruction

A.    The Olympia City Jail ensures that the incident-based and aggregate data are securely retained.

B.    The Olympia City Jail shall make aggregated sexual abuse and sexual harassment data from facilities under its direct control and facilities with which it contracts, readily available to the public annually on the Olympia Police Department website.

C.    Before making aggregated sexual abuse and sexual harassment data publicly available, the Olympia Police Department shall remove personal identifiers.

D.    The Olympia City Jail maintains sexual abuse and sexual harassment data collected pursuant to ¬§115.87 for at least 10 years after the date of initial collection, unless federal, state, or local law requires otherwise.