3-04/025.10 PREA - First Responder Duties and Coordinated Response Protocol

Staff First Responder Duties

Upon learning of an allegation that an inmate was sexually abused, Department personnel shall:

• Separate the alleged victim(s) and suspect(s)
• Preserve and protect the crime scene until appropriate steps can be taken to collect any evidence in accordance with Custody Division Manual (CDM) section 3-04/025.15, “PREA-Criminal and Administrative Investigations” and Manual of Policy and Procedures (MPP) sections 5-04/010.00, “Property/Evidence Handling” and 5-04/010.20, “Items Requiring Special Handling”
• If the sexual abuse occurred within the past 120 hours, request the alleged victim, if known, not take any actions that could destroy physical evidence prior to its collection, including but not limited to, washing, brushing teeth, changing clothes, urinating, defecating, drinking, or eating
• If the sexual abuse occurred within the past 120 hours, and the quality of the evidence appears to support criminal prosecution, ensure the alleged abuser, if known, does not take any actions that could destroy physical evidence prior to its collection, including but not limited to, washing, brushing teeth, changing clothes, urinating, defecating, drinking, or eating (inasmuch as is feasible)
• Escort the inmate victim to the clinic for medical and mental health evaluation/referral

Custody Investigative Services (CIS) shall be contacted following the report of sexual abuse involving an inmate for a follow-up investigation regarding the incident. Refer to CDM Section 4-01/000.00, "Crime Reporting Procedures" for staff and agency reporting duties.

Coordinated Response Protocol

For all allegations of sexual abuse, whether made verbally or in writing, including third-party and anonymous reports of sexual abuse involving an inmate, the Department personnel protocol shall include the following:

• Staff first responder duties delineated above
• Supervisor responsibilities
  • Notification to CIS
  • Notification to watch commander
  • Complete a PREA Allegation Alert which will automatically generate and email notification to the unit commander, the PREA coordinator, and the facility’s PREA compliance manager
  • Notification to IAB and/or ICIB when applicable
• PREA compliance manager responsibilities
  • Ensure the handling sergeant investigates and renders a disposition promptly, thoroughly, and objectively
  • Coordinate with the PREA coordinator to track and manage the PREA Allegation Alert
• Investigator responsibilities
  • Conduct all follow-up investigations with the utmost priority and provide a thorough and comprehensive investigation consistent with Department policies and procedures
  • When necessary, respond to the location of the incident
  • Conduct in person interviews of all parties involved
  • Review audio/video recordings of the incident
  • When necessary, write warrants, seize, and document evidence
  • Compile, prepare, and review associated reports and documents in order to present the case to the District Attorney’s office for filing
• Medical and mental health staff responsibilities for immediate and follow-up care
• All facilities shall maintain an updated list of all contracted hospital(s) where the inmate will be transported to if a forensic sexual assault exam is required
• Inform and provide the victim with information regarding outside resources and support services for inmate victims of sexual abuse (e.g., victim advocate during sexual assault exam, contact with rape crisis centers for emotional support, Zero Tolerance Pamphlet, etc.) Refer to CDM section 3-04/025.20, “PREA-Support Services for Inmate Victims of Sexual Abuse.”

NOTE: Inmates who have been sexually abused shall not be placed in restrictive housing, unless an assessment of all available alternatives has been made and there is no other means of separating the victim from likely abusers.