Prison Rape Elimination Act (PREA) Audit Report

Transcription

Prison Rape Elimination Act (PREA) Audit ReportAdult Prisons & Jails InterimFinalDate of Interim Audit Report: Click or tap here to enter text. N/AIf no Interim Audit Report, select N/ADate of Final Audit Report:10/18/2020Auditor InformationName:Robert ManvilleEmail:Company Name: CorrectionalMailing ent and Communication Group168 Dogwood DriveCity, State, Zip:912-486-0004Click or tap here to enter text.Date of Facility Visit:9/13-17/2020Agency InformationMinnesota Department of CorrectionName of Agency:Governing Authority or Parent Agency (If Applicable): MinnesotaPhysical Address:1450 Energy Park Drive, SuiteCity, State, Zip:St. Paul, MN 55108City, State, Zip:Click or tap here to enter text.200,Mailing Address:Click or tap here to enter text.The Agency Is: Municipal Military Private for Profit Private not for Profit County State cy/Agency Website with PREA Information:Agency Chief Executive OfficerName:Paul -361-7200Agency-Wide PREA CoordinatorName:Debra WienandEmail:debra.wienand@state.mn.usPREA Coordinator Reports to: JohnTelephone:Melvin; OSINumber of Compliance Managers who report to the PREACoordinator: 10ManagerPREA Audit Report – V6.651-361-7153Page 1 of 102MCF – Rush City

Click or tap here to enter text.Click or tap here to enter text.Facility InformationName of Facility:Minnesota Correctional Facility – Rush CityPhysical Address: 7600525th StreetMailing Address (if different from above):Click or tap here to enter text.The Facility Is: MunicipalCity, State, Zip:Rush City, MN 55069City, State, Zip:Click or tap here to enter text. Military Private for Profit Private not for Profit County State Federal Facility Type:Facility Website with PREA Information: olicyHas the facility been accredited within the past 3 years? Yes NoIf the facility has been accredited within the past 3 years, select the accrediting organization(s) – select all that apply (N/A ifthe facility has not been accredited within the past 3 years): ACA NCCHC CALEA Other (please name or describe: Click or tap here to enter text. N/AIf the facility has completed any internal or external audits other than those that resulted in accreditation, please describe:Agency ReviewsWarden/Jail Administrator/Sheriff/DirectorName:Vicki 0-358-0401Facility PREA Compliance ManagerName:Email:Jesse cility Health Service Administrator N/AName:Jeanette 20-358-0485Facility CharacteristicsPREA Audit Report – V6.Page 2 of 102MCF – Rush City

Designated Facility Capacity:1032Current Population of Facility:934Average daily population for the past 12 months:1000 offendersHas the facility been over capacity at any point in the past 12months? YesWhich population(s) does the facility hold? FemalesAge range of population:average age 36/ youngest 19/ oldest 84Average length of stay or time under supervision:118 monthsFacility security levels/inmate custody levels:level 4 close No Males Both Females and MalesNumber of inmates admitted to facility during the past 12 months:1052Number of inmates admitted to facility during the past 12 months whose length of stayin the facility was for 72 hours or more:1052Number of inmates admitted to facility during the past 12 months whose length of stayin the facility was for 30 days or more:1052 YesDoes the facility hold youthful inmates? NoNumber of youthful inmates held in the facility during the past 12 months: (N/A if thefacility never holds youthful inmates)Does the audited facility hold inmates for one or more other agencies (e.g. a Statecorrectional agency, U.S. Marshals Service, Bureau of Prisons, U.S. Immigration andCustoms Enforcement)?Select all other agencies for which the auditedfacility holds inmates: Select all that apply (N/A if theaudited facility does not hold inmates for any otheragency or agencies):Click or tap here to enter text. N/A Yes No Federal Bureau of Prisons U.S. Marshals Service U.S. Immigration and Customs Enforcement Bureau of Indian Affairs U.S. Military branch State or Territorial correctional agency County correctional or detention agency Judicial district correctional or detention facility City or municipal correctional or detention facility (e.g. police lockup orcity jail) Private corrections or detention provider Other - please name or describe: Click or tap here to enter text. N/ANumber of staff currently employed by the facility who may have contact with inmates:344Number of staff hired by the facility during the past 12 months who may have contactwith inmates:28PREA Audit Report – V6.Page 3 of 102MCF – Rush City

Number of contracts in the past 12 months for services with contractors who mayhave contact with inmates:8Number of individual contractors who have contact with inmates, currently authorizedto enter the facility:8Number of volunteers who have contact with inmates, currently authorized to enter thefacility:125Physical PlantNumber of buildings:Auditors should count all buildings that are part of the facility, whether inmates areformally allowed to enter them or not. In situations where temporary structures havebeen erected (e.g., tents) the auditor should use their discretion to determine whetherto include the structure in the overall count of buildings. As a general rule, if atemporary structure is regularly or routinely used to hold or house inmates, or if thetemporary structure is used to house or support operational functions for more than ashort period of time (e.g., an emergency situation), it should be included in the overallcount of buildings.12Number of inmate housing units:Enter 0 if the facility does not have discrete housing units. DOJ PREA Working GroupFAQ on the definition of a housing unit: How is a "housing unit" defined for thepurposes of the PREA Standards? The question has been raised in particular as itrelates to facilities that have adjacent or interconnected units. The most commonconcept of a housing unit is architectural. The generally agreed-upon definition is aspace that is enclosed by physical barriers accessed through one or more doors ofvarious types, including commercial-grade swing doors, steel sliding doors,interlocking sally port doors, etc. In addition to the primary entrance and exit,additional doors are often included to meet life safety codes. The unit containssleeping space, sanitary facilities (including toilets, lavatories, and showers), and adayroom or leisure space in differing configurations. Many facilities are designed withmodules or pods clustered around a control room. This multiple-pod design providesthe facility with certain staff efficiencies and economies of scale. At the same time, thedesign affords the flexibility to separately house inmates of differing security levels, orwho are grouped by some other operational or service scheme. Generally, the controlroom is enclosed by security glass, and in some cases, this allows inmates to see intoneighboring pods. However, observation from one unit to another is usually limited byangled site lines. In some cases, the facility has prevented this entirely by installingone-way glass. Both the architectural design and functional use of these multiple podsindicate that they are managed as distinct housing units.8Number of single cell housing units:1Number of multiple occupancy cell housing units:8Number of open bay/dorm housing units:Number of segregation cells (for example, administrative, disciplinary, protectivecustody, etc.):88In housing units, does the facility maintain sight and sound separation betweenyouthful inmates and adult inmates? (N/A if the facility never holds youthful inmates) Yes NoDoes the facility have a video monitoring system, electronic surveillance system, orother monitoring technology (e.g. cameras, etc.)? Yes NoPREA Audit Report – V6.Page 4 of 102MCF – Rush City N/A

Has the facility installed or updated a video monitoring system, electronic surveillancesystem, or other monitoring technology in the past 12 months? Yes NoMedical and Mental Health Services and Forensic Medical ExamsAre medical services provided on-site? Yes NoAre mental health services provided on-site? Yes NoWhere are sexual assault forensic medical exams provided?Select all that apply. On-site Local hospital/clinic Rape Crisis Center Other (please name or describe: Click or tap here to entertext.)InvestigationsCriminal InvestigationsNumber of investigators employed by the agency and/or facility who are responsiblefor conducting CRIMINAL investigations into allegations of sexual abuse or sexualharassment:10 AgencyWhen the facility received allegations of sexual abuse or sexual harassment (whetherstaff-on-inmate or inmate-on-inmate), CRIMINAL INVESTIGATIONS are conducted by:Select all that apply. Facility investigators Agency investigators An external investigative entitySelect all external entities responsible for CRIMINALINVESTIGATIONS: Select all that apply (N/A if noexternal entities are responsible for criminalinvestigations) Local police department Local sheriff’s department State police A U.S. Department of Justice component Other (please name or describe: Click or tap here to enter text.) N/AAdministrative InvestigationsNumber of investigators employed by the agency and/or facility who are responsiblefor conducting ADMINISTRATIVE investigations into allegations of sexual abuse orsexual harassment?When the facility receives allegations of sexual abuse or sexual harassment (whetherstaff-on-inmate or inmate-on-inmate), ADMINISTRATIVE INVESTIGATIONS areconducted by: Select all that applySelect all external entities responsible forADMINISTRATIVE INVESTIGATIONS: Select all thatapply (N/A if no external entities are responsible foradministrative investigations)PREA Audit Report – V6.10 Agency Facility investigators Agency investigators An external investigative entity Local police department Local sheriff’s department State policePage 5 of 102MCF – Rush City

A U.S. Department of Justice component Other (please name or describe: Click or tap here to enter text.) N/AAudit FindingsAudit Narrative (including Audit Methodology)The auditor’s description of the audit methodology should include a detailed description of the followingprocesses during the pre-onsite audit, onsite audit, and post-audit phases: documents and files reviewed,discussions and types of interviews conducted, number of days spent on-site, observations made during thesite-review, and a detailed description of any follow-up work conducted during the post-audit phase. Thenarrative should describe the techniques the auditor used to sample documentation and select interviewees,and the auditor’s process for the site review.Minnesota Correctional Facility – Rush City is operated by the Minnesota Department ofCorrections (DOC). This is the facility’s third PREA audit. The current audit was attained andassigned to Robert Manville a certified DOJ Auditor by Correctional Management andCommunication Group. The onsite audit was conducted from September 13 throughSeptember 17, 2020 Prior to the on-site visit, the agency PREA coordinator and the facilityPREA Compliance Manager forwarded to the auditor all policy and supporting documentation,including the completed Pre-Audit Questionnaire, administrative reports, contracts, incidentreports, memorandums, policies, brochures, staff rosters, PREA audit notices, staffing plans,training information, and other reference materials for examination prior to the on-site visit.Notice of the audit was posted throughout the facility on March 3 and updated several timesduring the pandemic. The final posting was on July 30, 2020. Rush City is accredited with theAmerican Correctional Association.Minnesota Department of Corrections has revised policies, directives, contracts, andoperational programs to encompass the Prison Rape Elimination Act into the day to dayoperations and long-term planning of all correction facilities. Part of these policies anddirectives includes. Minnesota Department of Corrections 202.057 Sexual Abuse/Harassment Prevention,Reporting, and ResponseMinnesota Department of Corrections 301.055 Security RoundsMinnesota Department of Corrections 301.010 SearchesMinnesota Department of Corrections 202.050 Offender/Resident OrientationMinnesota Department of Corrections 300.045 Contractor Relationship to DepartmentMinnesota Department of Corrections 103.014 Background Checks for Applicants andCurrent EmployeesMinnesota Department of Corrections 107.005 “Office of Special Investigations”Minnesota Department of Corrections Five-year Camera PlanMinnesota Department of Corrections 500.030 Orientation Training for Health ServicesStaffMinnesota Department of Corrections 202.045 Evaluation, Placement ofPREA Audit Report – V6.Page 6 of 102MCF – Rush City

Transgender/Intersex OffendersMinnesota Department of Corrections 301.085 Administrative SegregationMinnesota Department of Corrections 302.020 MailMinnesota Department of Corrections 202.040 Offender Intake Screening andProcessingMinnesota Department of Corrections 303.100 Grievance ProcedureMinnesota Department of Corrections 107.007 Criminal InvestigationsMinnesota Department of Corrections 103.225 Employee Investigation and DisciplineAdministrationMinnesota Department of Corrections 300.200 Officer of the DayThe facility population on the day of the audit was 934 inmates. There is a total of 344 staffthat have direct contact with the inmate population. The facility contracts with 8 staff foradditional services. There are 125 volunteers that are available for services to the offenderpopulation. At the present time, the services are being discontinued due to Cova 19 virus.Sexual Assault Forensic Examinations are conducted at Saint Joseph Hospital. The facilityalso has a SART (Sexual Assault Response Team) that consists of the Administrator, PREAManager, Investigators, and PREA Support Persons (PSP) who respond, as necessary.PREA Support Persons are staffs who have been trained to assist the victim through allprocesses, including aiding in obtaining outside support services. The Department ofCorrections has established a victim advocate program. These staff will provide advocacyservice or partner with other agencies to support the inmate victims of sexual abuse.At the entrance of each building, and sleeping areas there is a PREA bulletin board with thefollowing signs posted (in English and Spanish); Victim support services, Audit notice postingswith the PREA auditors contact information, PREA Ways for Reporting, and Zero tolerance tosexual abuse or harassment. This same information is located in all areas of the facility thatinmates were present during the facility tour.Both medical and mental health staff are available at the facility and are available asrequested. Correctional officers and support staff were noted interacting with inmates inall areas that inmates were located. intake processing areas, all housing units, therestrictive housing unit, the health services department, recreation, food service, facilitysupport areas, education, visiting rooms, industry shops and programming areas.During the tours, it was noted that there was sufficient staffing to ensure a safeenvironment for inmates and staff. Signs were posted (in English and Spanish) thatindicated employees of the opposite gender were present in the housing units Postings,regarding PREA violation reporting and the agency’s zero-tolerance policy toward sexualabuse and sexual harassment were prominently displayed in all housing units, meetingareas and throughout the facility. Audit notice postings with the PREA auditor's contactinformation were in the same areas. Inmates can shower, dress, and use the toiletwithout exposing themselves to employees of the opposite gender.Twenty-four (24) randomly selected correctional staff members were interviewed.PREA Audit Report – V6.Page 7 of 102MCF – Rush City

Correctional officers and Lieutenants from all shifts were included in the interviewprocess. These correctional staff also included staff assigned to supervise housing units,utility staff, escort staff and crisis response team members. A total of four staff includingsecretaries and administrative staff were also interviewed. All were aware of theagency’s zero-tolerance could explain their new employee and annual PREA training andtheir duties as first responders as part of a coordinated response. The Agency Director,Agency PREA Coordinator and Agency Contract Administrator had been previouslyinterviewed (the auditor is in receipt of the completed interview questionnaires).Specialized staff members were also interviewed. This included the Warden, PCM, OSIInvestigator, Human Resource Specialist, Retaliation Monitor, Medical Administrator,Mental Health Director, Case Manager Supervisor, 3 Case Managers, and staff at SaintJoseph Medical Center. All interviewed staff and contractors demonstrated anunderstanding of the PREA and their responsibilities under this program, relative to theirposition or roles with the organization and employment status.A total of forty-two inmates were interviewed. The interviewed inmates were of variousages, nationalities, and ethnic backgrounds. Inmate random interviewed inmatesincluded inmates in every dormitory in the facility with the exception of detainees in threeintake quarantine dormitories.Targeted populationPopulationsTargeted populationTotal Interviewed30Total Available ondate of audit30TransgenderAllegation of SexualAbuseAllegation of SexualHarassmentVictimizationLGBTSegregation forPREADisabledDeaf (Hard ofHearing)Blind (VisionImpaired)CognitiveLEPTotal 230A translator was available while interviewing LEP inmates. Sign language staff wereavailable by zoom to interview deaf inmates. There were no inmates in ProtectiveCustody for any PREA related issue. Overall, all inmates interviewed demonstrated agood understanding of the PREA compliance program, the intake screening process, theprevention and protection process and reporting mechanisms. The inmates further statedPREA Audit Report – V6.Page 8 of 102MCF – Rush City

that staff members were responsive to their needs and that they felt safe at the facility. Ofthe inmates with history of victimizations each was offered follow up interviews with thefacility mental health staff.New arrival inmates receive printed information regarding the facility’s PREA programand watch a video that provides additional information about the program. The facilityoffers medical, dental, mental, health and social services. The design of the prisonpermits inmates to shower, change clothes and use toilet facilities with an adequatedegree of privacy and avoid cross- gender viewing. Inmates requiring health care beyondthe scope of services provided in the facility are transported to providers or a hospital inthe community. Following allegations of sexual abuse/assault, examinations and forensicevidence collection are conducted by certified SANE/SAFE providers at Saint JosephMedical Center Forensic Services SANE nurse.InvestigationsThere four reported allegations of sexual abuse/sexual harassment. These allegationinvestigations were conducted professionally, timely and provided documentation ofretaliation monitoring and attempt to notify the detainee of outcome of the investigation.All investigations were determined to be unfounded.Interviews were conducted with specialized staff. The interviewed included the PREAcompliance manager, warden, assistant warden for operations, clinical psychologists,investigator, two (2) staff assigned as PREA suppor

Click or tap here to enter text. N/A Does the audited facility hold inmates for one or more other agencies (e.g. a State correctional agency, U.S. Marshals Service, Bureau of Prisons, U.S. Immigration and Customs Enforcement)? Yes No Select all other agencies for which the aud