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PREA AUDIT REPORT INTERIM FINALJUVENILE FACILITIESDate of report: 4/28/2017Auditor InformationAuditor name: G. Peter ZeegersAddress: 6302 Benjamin Rd. Suite 400 Tampa, Fl. 33634Email: pete.zeegers@us.g4s.comTelephone number: 863-441-2495Date of facility visit: 3/16 and 3/17-2017Facility InformationFacility name: Pinelands Residential Community HomeFacility physical address: 3016 Route 563 Chatsworth, New Jersey 08019-2000Facility mailing address: (if different from above) Click here to enter text.Facility telephone number: 609-518-3080The facility is: Federal State County Military Municipal Private for profit Detention Other Private not for profitFacility type: CorrectionalName of facility’s Chief Executive Officer: Superintendent Kim Spencer-HudginsNumber of staff assigned to the facility in the last 12 months: 22Designed facility capacity: 18Current population of facility: 11Facility security levels/inmate custody levels: MinimumAge range of the population: 14-18Name of PREA Compliance Manager: George Mick, Jr.Title: Assistant SuperintendentEmail address: George.Mick@jjc.nj.govTelephone number: 609-518-9081Agency InformationName of agency: Juvenile Justice CommissionGoverning authority or parent agency: (if applicable) New Jersey Department of Law & Public SafetyPhysical address: 1001 Spruce Street Suite 202 Trenton, New Jersey 08638Mailing address: (if different from above) PO Box 107Telephone number: 609-292-1400Agency Chief Executive OfficerName: Kevin M. BrownTitle: Executive DirectorEmail address: Kevin.M.Brown@jjc.nj.govTelephone number: 609-292-1400Agency-Wide PREA CoordinatorName: Luis ValentinTitle: Chief Employee Relations & Legal AffairsEmail address: Luis.Valentin@jjc.nj.govTelephone number: 609-341-3196PREA Audit Report1
AUDIT FINDINGSNARRATIVEPinelands is an 18-bed Sex Offender staff secure residential treatment facility operated by the State ofNew Jersey, Department of Law & Public Safety, Juvenile Justice Commission located in Chatsworth,N.J. The facility serves adolescent boys, ages 14-18, who have been adjudicated delinquent and areclassified as Level 1, community based placements by the New Jersey Juvenile Justice Commission.These youth have been involved in sexual related offences. The program has an on-grounds school thatis accredited by the New Jersey Department of Education. The length of stay is 18 months. The facilityemploys 22 fulltime staff. There are an additional 4 staff contracted by Rutgers University.Prior to the on-site audit, the auditor reviewed all files that were sent in advance. The files were organizedand easily identified as to the standard the document was referencing. The auditor conducted a pre-auditbriefing prior to the on-site visit to identify issues that impacted a finding of compliance and to furtherexplain some of the standards that were not familiar to program administration and staff.An on-site PREA Audit was conducted on March 16th-17th, 2017. The entrance meeting was attended bythis auditor, Pete Zeegers, Kim Spencer-Hudgins, Superintendent, Christopher DiDato, Senior YouthWorker, Brian Blisard, Regional Administrator, and George Mick, Assistant. Superintendent, who alsoacts as the PREA Compliance Manager of the facility. The on-site audit work plan was discussed,random samples of youth and staff were selected, and specialized staff were identified. Also, additionalpre-audit information was obtained.There were zero PREA-related youth on youth allegations made in the previous 12 months.Interviews were conducted with the agency Executive Director, the agency PREA Coordinator, thePinelands Program Director, the Assistant Superintendent, Human Resources staff, Intake staff, thenursing supervisor, ten custody staff randomly selected from each of the three shifts in this facility, andten youth randomly selected. The facility does not utilize volunteers but does with contractors.On the days of the on-site audit 11 youth were housed in the facility. One youth had reported during theintake process previous physical or sexual abuse. The youth stated during the interview that he did notwant or need any follow-up services because it happened when he was too young to remember. Noyouth identified themselves as being gay, bisexual, trans-gender, questioning, intersex, or gendernonconforming during the intake process. There were no youth identified as hearing or visually impaired,developmentally delayed, or who had limited English proficiency.Youth receive information on PREA and their rights during the intake process. Additionally, after youthare admitted to the facility they are provided additional information about sexual abuse and harassment inboth individual and group treatment. Youth who have experienced trauma, abuse, or victimization areprovided treatment services, as needed.PREA Audit Report2
DESCRIPTION OF FACILITY CHARACTERISTICSA tour of the facility was conducted, led by Superintendent Kim Hudgins-Spencer and Facility PREACompliance Manager George Mick. Built in 1949 as a hunting lodge the facility is clean, in good repair, andwell maintained. The New Jersey Commission took over the building in 1981. There are no fences aroundthe facility. The front door is unsecure and leads to the administration area. There are 3 floors to thisbuilding. The dorms are on the third floor of the building and has a bathroom/shower that are on the allpurpose floor, second floor. All youth are housed in this living area. The showers and toilets are at the farend of the living room. All toilets and showers have doors. Both review of policies and interviews with staffand youth confirmed that female staff are not permitted to enter or remain in this area. An unsecure door atthe back of the kitchen area on the bottom floor leads out to a spacious recreation area. The educationbuilding is adjacent to the recreation field.There are no cameras to survey the facility. There is no central or master control.The PREA Audit Notice was posted on the bulletin boards all over the facility on walls in the main lobby, inthe youth living quarter’s area and various hallways, as well as copies of the PREA brochure written inboth English and Spanish, (this is the same brochure given to youth during the intake process). Posterscontaining both the Division of Children’s Protection and Permanency. The abuse number is prominentlyposted in the main lobby area, youth dorms and hallways, as well. There is also a PREA Hotline standalone phone stationed in the youth’s living area where the youth can pick the phone up and it dials theDepartment of Child Protection and Permanency (DCPP) automatically.PREA Audit Report3
SUMMARY OF AUDIT FINDINGSThe on-site audit concluded with a meeting between the auditor, the Superintendent, the AssistantSuperintendent/PREA Compliance Manager, and the Statewide PREA Coordinator, via phone. Theauditor addressed a few areas where additional information would be needed to make a determination ofcompliance. Prior to the writing of this report, the facility provided documentation that met the needs ofthe standards and the auditor for compliance.Staff interviews confirmed the staff’s knowledge of policies, procedures, and practices, as well asexpectation of protecting residents. Residents were able to articulate the various methods of reportingsexual abuse and sexual harassment. Throughout the facility, PREA information was visible to bothyouth and staff. The youth created a PREA board that was spectacular with its creativity and informativenature for all residents and staff to view.The auditor thanks the New Jersey Juvenile Justice Commission and staff for their dedication towardscompliance with PREA standards. They are welcoming and open to auditor interpretations. It has beenthis auditor’s pleasure to work with this agency and facility. The facility was very prepared and had alldocumentation organized and in binders for ease of review. It was a pleasure to work with theSuperintendent and her staff.Number of standards exceeded: 6Number of standards met: 32Number of standards not met: 0Number of standards not applicable: 3PREA Audit Report4
Standard 115.311 Zero tolerance of sexual abuse and sexual harassment; PREA Coordinator Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.New Jersey Juvenile Justice Commission, Policy ED: 01.02 (rev 2016), PRISON RAPE ELIMINATIONACT (PREA): This policy establishes a zero-tolerance towards all forms of sexual abuse and sexualharassment involving juveniles in its facilities. The Policy includes prohibited behaviors regarding sexualabuse and sexual harassment. The policy addresses strategies and responses used to reduce andprevent sexual abuse and sexual harassment in areas of Screening, Orientation and Training, Hiring andPromotion and Selection of Contractors, Searches, Segregation and Spot Inspections, Reporting,Emergency Procedures, Coordinated Response, Sexual Abuse Allegations, Investigation Procedures,Notifications, Retaliation, Discipline for Violations, Data Collection and Review. This policy alsoestablishes that this policy shall govern if in conflict with another Commission Policy.Luis A. Valentin, Chief of Employee Relations & Legal Affairs, is the Agency PREA Coordinator and he isrecognized on the organizational chart. During an interview, and subsequent contact with Mr. Valentin,his dedication to ensuring the state’s compliance with the PREA standards is acknowledged. He hasworked diligently to provide appropriate protection to the youth of New Jersey. He reports sufficient timeto attend to these duties with the assistance of the Facility PREA Compliance Managers and a PREAteam. He has implemented the PREA Executive Committee, which is a team of professionals whoconvene to address any PREA issues within the state. Mr. Valentin ensures compliance of all facilitiesthrough site visits, mock audits, monthly conference calls, and training. When challenges are identified,the PREA Executive Committee meets to discuss the issues, consults with the Executive Director andspecialized staff. As a result, changes could be implemented within policy, procedure, and training.George Mick, Jr., Assistant Superintendent of Pinelands RCH, is the Facility PREA ComplianceManager. He is identified on the facility organizational chart as reporting to the Facility Superintendent.He reports that there is enough time to attend to his duties as Youth Worker Supervisor and well as theduties as the PREA Compliance Manager. Besides the daily operational activities, he conducts randomchecks, reviews scheduling, incident reviews, monitors systems, and conducts training with staff throughdaily shift briefings. If an issue with PREA compliance is identified, he conducts face-to-faceconversations with residents and staff, counseling and disciplinary actions, reviews of systems, andaddresses concerns with the Agency-wide PREA Coordinator. He reports that the current ratio of staff toresidents is 1:8 during the day and 1:16 during sleeping hours.Standard 115.312 Contracting with other entities for the confinement of residents Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for thePREA Audit Report5
relevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.This standard is N/A.Standard 115.313 Supervision and monitoring Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.New Jersey Juvenile Justice Commission, Policy 14ED:01.29 (rev 2014), DEVELOPMENT OF POSTPLANS IN SECURE FACILITIES: This policy addresses adequate and efficient staffing of officers inprograms through the implementation of a standard procedure for the periodic determination andadjustment of Relief Factors and Custody Posts. This policy addresses the need to review for 10 factorsof the PREA standard and an annual review of the staffing plan.New Jersey Juvenile Justice Commission, Policy ED: 01.02 (rev 2016), PRISON RAPE ELIMINATIONACT (PREA): This policy requires that random spot checks be completed by a custody supervisor with arank of Sergeant or higher, shall conduct and document unannounced rounds. Staff members areprohibited from alerting other staff members unless such announcement is related to a legitimateoperational function of the facility.New Jersey Juvenile Justice Commission, Policy 12CP:09.01 (rev 2012), JUVENILE SUPERVISION:This policy addresses the Supervision Status Levels for residents and a program specific plan.The Staffing Plan is reviewed by the Office of Community Programs annually and with the assistance ofthe Director of Community Programs, Human Resources Manager, Special Projects Manager, Chief ofEmployee Relations & Legal Affairs/PREA Coordinator, Deputy Executive Director, and Director ofAdministration. The Superintendent states that he provides input and reviews the plan as well. Duringthis meeting, it was discussed and documented that all components of the standard are addressed inmaking decisions.The Staffing Plan was last reviewed on January 20, 2017. The Questionnaire indicates that the facility isobligated by law, regulation or judicial consent decree to maintain staffing ratios of a minimum of 1:8during resident waking hours and 1:16 during resident sleeping hours. This was confirmed with thePREA Audit Report6
Superintendent as an obligation of the PREA standards and no other obligation. A review of the staffingplan shows that this ratio is being met. Deviations from the staffing plan are covered through either acall-in system to hold-over system, depending on the number of residents at the program. All deviationsare noted in the logbooks.Prior to the writing of this report, the facility provided appropriate unannounced rounds documentationfrom the previous 12 months that meets both the PREA standards and the Agency policy. Additionally,staff were reminded that all areas of the facility are required to be checked when conductingunannounced rounds.Standard 115.315 Limits to cross-gender viewing and searches Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.New Jersey Administrative Code Title 13 - Law and Public Safety, Chapter 103 – Community Programs,adopted May 21, 2012 and expires on May 21, 2019 requires that all staff shall receive training in theinterpretation and applicability of internal management procedures, so as to ensure effective and safesearch techniques. This Administrative Code also requires that a strip search may be conducted only bystaff who have received Commission or equivalent training in conducting strip searches, and must beconducted by staff of the same gender unless under emergent circumstances. Strip search may beconducted only with the prior approval of the Director of Community Programs or designee when there isa clear indication that the juvenile is carrying or concealing contraband on his or her person, or in thejuvenile’s anal or vaginal cavity.New Jersey Juvenile Justice Commission, Policy ED: 01.02 (rev 2016), PRISON RAPE ELIMINATIONACT (PREA): This policy prohibits both cross gender searches and cross gender viewing of undressedjuveniles, except in emergency situations. In an emergency situation, the search must be ordered by theSuperintendent or the highest ranking custody supervisor on duty. Transgender and intersex searchesshall be conducted by a staff of the corresponding gender as the resident and not in the presence of theopposite gender staff.New Jersey Juvenile Justice Commission, Policy 14CP:09.07 (rev 2014), SEARCH PLAN: This policyrequires that all pat searches be conducted by a staff of the same gender of the youth, except inemergency situations with the approval of the Superintendent. Strip searches may only be conducted bya staff of the same gender of the youth and only with the approval of the Director of CommunityPrograms. Strip searches conducted by cross gender staff must have prior approval of theSuperintendent. This policy also requires that all searches shall be conducted in a professional anddignified manner, with maximum respect for the resident’s person, and under sanitary conditions.New Jersey Juvenile Justice Commission, Policy 13ED:01.02A (rev 2013), LESBIAN, GAY, BISEXUAL,TRANSGENDER, QUESTIONING, AND INTERSEX (LGBTQI) JUVENILES: This policy was created toPREA Audit Report7
provide the highest quality of services to juveniles regardless of actual or perceived sexual orientation,gender identify, or gender expression. The policy allows a transgender or intersex juvenile to be affordedprivacy when using a bathroom or shower. This policy also address the prohibition of cross-gendersearches and viewing of undressed juveniles except in emergency situations. The policy requires thatthe Superintendent or designee shall implement procedures permitting transgender and intersexjuveniles to request that either a male or female staff member conduct a strip search, if authorized. Sucha request shall be granted to the extent consistent with the orderly operation of the facility.Staff interviews confirm that no cross-gender searches are conducted at the facility. Staff report that if across-gender search is needed, this would need to be approved and documented in an Incident Report.Resident interviews confirmed that they are only searched by same gender staff. All staff interviewedconfirmed that they have received training on conducting both pat and strip searches; however they onlyconduct pat searches at this facility unless authorized by the Superintendent.All staff reported that female staff are announced when they arrive to the housing area. Female staff alsodo not enter rooms or the bathroom without making youth aware of their intent, due to possible state ofundress. There are also notices posted to remind staff of the announcement requirement. Staff andResident interviews confirmed that the announcements are made and heard. General use of thebathrooms and showers all provide privacy from staff viewing through a wall. Staff are not permitted toenter unless there is a concern.Standard 115.316 Residents with disabilities and residents who are limited English proficient Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.New Jersey Juvenile Justice Commission, Policy ED: 01.02 (rev 2016), PRISON RAPE ELIMINATIONACT (PREA): This policy prohibits the use of residents to translate for another youth. Additionally, thefacility has identified a community Interpreter. The policy also requires staff working with a resident indistress who is Limited English Proficient is to contact the Superintendent for immediate assistance andguidance.The Department of Education work with residents to identify any special circumstances which indicatesthe need for special education or related services and ensure that teach support is provided at the facility(NJAC 6A:14). The agency Office of Education provides for bilingual, ESL and English languageeducation for youth, and these services are available at any time. The agency has available material inEnglish and Spanish (most common non-English language identified in the facilities). Staff have accessto request assistance from the New Jersey Department of Human Services, Division of the Deaf & Hardof Hearing for residents with limited or no hearing. Staff have access to request assistance from the NewJersey Department of Human Services, Commission for the Blind and Visually Impaired for residentswho have limited or no sight.PREA Audit Report8
New Jersey Juvenile Justice Commission, Policy 09MS:E.02 (rev 2009), RECEIVING SCREENING –NEW INTAKES: This policy is to identify and meet any urgent health needs of residents admitted to anagency facility; to identify and meet any known or easily identifiable health needs that require medicalintervention before the resident’s health assessment; and to identify and isolate residents who appearpotentially contagious. This policy requires an initial receiving screening, including a Snellen VisionScreening, at an intake facility that includes identifying and addressing any langue barriers (blind, deaf,Limited English Proficient).Staff interviews confirmed that they are aware of how to obtain the services of an interpreter/translator.They also confirm that residents are not utilized to interpret for another residents. There were no LEPyouth or youth with a disability that required additional services due to their disability.Standard 115.317 Hiring and promotion decisions Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.New Jersey Juvenile Justice Commission, Policy ED: 01.02 (rev 2016), PRISON RAPE ELIMINATIONACT (PREA): This policy addresses the specific requirements of hiring and promotion decisions of theagency. The State of New Jersey can consider criminal convictions and pending criminal charges for allapplicants. The State of New Jersey may also access state and federal criminal databases to conductbackground checks for all applicants. All employees are subject to Child Abuse Record Information(CARI) checks. The agency conducts 5-year background checks for all employees and contractors. Aclear background check is a requirement for the issuance of JJC Identification Cards. Material omissionsby an employee is subject to termination.New Jersey Juvenile Justice Commission, Policy 14HR: 07.02 (rev 2014), PERIODIC CRIMINALHISTORY CHECKS: EMPLOYEES, VOLUNTEERS, INTERNS AND CONTRACTORS. This policyrequires periodic backgrounds checks for staff (every 5 years), for interns (annually), and for contractors(at each contract extension or renewal). A memo dated August 20, 2014 by Executive Director KevinBrown confirms background checks and material omissions. Criminal history and background checks arerequired for employees, volunteers, interns and contractors and include information as to whether aperson has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenilefacility government operated facility for the mentally ill and whether the person has ever been civilly oradministratively adjudicated to have engaged in sexual activity in a community facilitated by force, overtor implied threats or force, or coercion, or where the victim did not consent or was unable to consent orrefuse. These three questions regarding previous misconduct is documented on the BI-001 form which isrequired for the completion of a background check.In an interview with a Human Resources staff, it was confirmed that all new hires and contractors receivea criminal background check that includes a Child Abuse Record Information check. These are the samePREA Audit Report9
requirements for any staff who is being promoted. It was also confirmed through interviews that five yearbackground checks are conducted. The agency has also imposed on employees a continuing affirmativeduty to disclose any sexual abuse, conviction or civil/administrative adjudication to have engaged insexual activity in the community facilitated by force, overt or implied threats of force, or coercion or if thevictim did not consent or was unable to consent or refuse. The staff also confirmed that the agencycannot provide information about substantiated allegations of sexual abuse or sexual harassmentinvolving a former employee unless by attorney petition.A review of the files of staff who were interviewed found that all had received a background check in thepast five years.Standard 115.318 Upgrades to facilities and technologies Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.This standard is N/A.Standard 115.321 Evidence protocol and forensic medical examinations Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.New Jersey Juvenile Justice Commission, Policy 13OOI:01.04 (rev 2013), EVIDENCE COLLECTION,CONTROL AND SECURITY: This policy requires the Office of Investigations to investigate allegations ofsexual abuse. Investigators shall utilize the Uniform Evidence Protocol in the New Jersey State PoliceEvidence Field Manual.New Jersey Juvenile Justice Commission, Policy 14OOI:01.29 (rev 2014), PREA INVESTIGATIONS:This policy requires a uniform evidence protocol is utilized that meets the requirements of the standard.This policy also authorizes the Chief to utilize external law enforcement agencies, and/or the assistanceby such agencies, in the investigation of sexual offenses.PREA Audit Report10
New Jersey Juvenile Justice Commission, Policy ED:01.02 (rev 2016), PRISON RAPE ELIMINATIONACT (PREA): This policy requires protocols for informed consent, confidentiality, reporting to lawenforcement, and reporting to child abuse investigative agencies. All residents are offered a forensicmedical examinations, that include a Sexual Abuse Nurse Examiner and at no financial cost to the youth.A victim advocate is available as requested, and the advocate is available for all interactions during theexaminations, investigatory interviews and for additional support and crisis services. Memo dated June18, 2014 by Chief Operating Officer Jeffery Dickert, PHD of Rutgers University Behavioral Health Unitconfirms that residents are not charged nor responsible for a co-pay for any medical, mental health orforensic services. This memo also reminds that forensic medical services are provided through theSexual Ass
PREA Audit Report 1 PREA AUDIT REPORT INTERIM FINAL JUVENILE FACILITIES Date of report: 4/28/2017 Auditor Information Auditor name: G. Peter Zeegers Address: 6302 Benjamin Rd. Suite 400 Tampa, Fl. 33634 Email: pete.zeegers@us.g4s.com Telephone number: 863-441-2495 Date of facility visit: 3/16 and 3/17-2017 Facility Information
