PREA POLICIES AND PROCEDURES
The purpose of this Policy is to establish procedures and guidelines in regard to the Prison Rape Elimination Act of 2003.
The South Iowa Area Detention Service Agency (SIADSA) Program Administrator will ensure that all reports of sexual abuse are investigated promptly, thoroughly, and objectively for all allegations including third-party and anonymous reports.
Reports of resident on resident sexual abuse and staff on resident sexual abuse will be reported to local law enforcement for criminal investigation. All SIADSA staff shall cooperate with outside investigators and shall endeavor to remain informed about the progress of the investigation.
POLICY
SIADSA has a zero tolerance for sexual abuse or sexual harassment whether juvenile on juvenile, or staff on juvenile. All reported allegations shall be handled in a professional manner and treated as criminal activity. Juveniles shall be provided rule books that identify the procedures for reporting sex abuse.
Staff will take the appropriate action when informed of alleged sexual abuse upon a juvenile. Investigations regarding any alleged sexual abuse shall be fully investigated and forwarded to the SIADSA Attorney and /or Lee County Attorney for review and potential prosecution. Consensual sex between juveniles is not criminal activity although it does violate facility rules and creates a safety and security concern. Non-consensual sex between juveniles or any sexual abuse involving staff is considered criminal activity.
The Facility Director shall act as the PREA Coordinator to develop, implement and oversee the agency’s compliance with the PREA Standards. The PREA Coordinator shall ensure Staffing Plans are in place that provide adequate levels of staff and video monitoring based upon the average daily number of juveniles within the facility. Staffing plans shall be reviewed annually.
GENERAL DEFINITIONS
Administration: means the Executive Director, Assistant Executive Director and Facility Director.
Contractor: means a person who provides services on a recurring basis pursuant to a contractual agreement with SIADSA.
Detention Center: means a confinement facility whose primary use is to hold persons pending adjudication of criminal charges, person committed to confinement after adjudication of criminal charges or awaiting placement.
Detention Staff: means employees primarily responsible for the supervision and control of juveniles.
Employee means a person who works directly for the SIADSA.
Exigent Circumstances: means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to security or institutional order of SIDSA.
Full Compliance: means compliance with all material requirements of each standard except for de minimis violations, or discrete and temporary violations during otherwise sustained periods of compliance.
Gender Nonconforming: means a person whose appearance or manner does not conform to traditional societal gender expectations.
Intersex: means a person who sexual or reproductive anatomy or chromosomal patter does not seem to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to as disorders of sex development.
Juvenile: means any person detained in the facility, regardless of adjudication status.
Medical Practitioner: means a health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice. A “qualified medical practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.
Mental Health Practitioner: means a mental health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice. A “qualified mental health practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.
Pat-Down Search: means a running of the hands over the clothed body of a juvenile or detainee by an employee to determine whether the individual possesses contraband.
Qualified Agency Staff Member or Qualified Community-Based Staff Member: means an individual who has been screened for appropriateness to serve in this role and has received education concerning sexual assault and forensic examination issues in general.
Sexual Abuse: means contact of any person by the use of force or of the threat of force. Or intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person. Or any unwanted physical contact that is sexual in nature and is not sexual assault.
Sexual Assault: means contact of any person by the use of force or of the threat of force. Or a sex act as defined by Iowa Code 702.17. Or the use of any object for the purpose of the above described sexual contact. Or the simulation of any of the above that includes physical touching of the body part.
Sexual Harassment: means the unwelcome sexual advances, request for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communications of a sexual nature. Sexual harassment may be viewed as a precursor to sexual violence.
Sexual Misconduct: means any form of a sexual nature which includes: abuse, assault and harassment.
Staff: means employees assigned to work in buildings where juveniles are held.
Strip Search: means a search that requires a person to remove or arrange some of all clothing so as to permit a visual inspection of the person’s breasts, buttocks, or genitalia.
Substantiated Allegations: means an allegation that was investigated and determined to have occurred.
Transgender: means a person whose gender identity (i.e. internal sense of feeling male or female) is different from the person’s assigned sex at birth.
Unfounded Allegation: means an allegation that was investigated and determined not to have occurred.
Unsubstantiated Allegations: means an allegation that was investigated and the investigation produced insufficient evidence to make a final determination as to whether or not the event occurred.
Volunteer: means an individual who donates time and effort on a recurring basis to enhance the activities and programs of the agency.