PREA AUDIT REPORT INTERIM FINAL COMMUNITY CONFINEMENT FACILITIES Auditor Information Auditor name: Address: Email: Telephone number: Date of facility visit: Facility Information Facility name: Facility physical address: 201 S. 4th Street, Grand Forks, ND 58201 Facility mailing address: (if different from above) P.O. Box 1269, Fargo, ND 58107-1269 Facility telephone number: The facility is: Federal State County Facility type: Andraska Consulting, LLC /David Andraska W12159 Maple Road, Black River Falls, WI 54615 ddafalls@hotmail.com 715-896-2648 June 23, 2015 Centre Inc.- Grand Forks Transition Military Municipal Private not for profit Private for profit Community treatment center Halfway house Alcohol or drug rehabilitation center Community-based confinement facility Mental health facility Other Name of facility s Chief Executive Officer: Alisa Brossart Number of staff assigned to the facility in the last 12 months: 29 Designed facility capacity: 26 Current population of facility: 18 Facility security levels/inmate custody levels: Minimum/Minimum Age range of the population: 20-67 Name of PREA Compliance Manager: Alisa Brossart Title: Email address: alisabr@centreinc.org Telephone number: Agency Information Name of agency: Center Inc. Governing authority or parent agency: (if applicable) Centre Inc., Board of Directors Program Director 701-203-4735 Physical address: 123 15th Street N., Fargo, ND 58102 Mailing address: (if different from above) PO Box 1269, Fargo, ND 58107-1269 Telephone number: 701-237-9340 Agency Chief Executive Officer Name: Josh Helmer Title: Executive Director Email address: joshhe@centreinc.org Telephone number: 701-373-8315 Agency-Wide PREA Coordinator Name: Chris Shotley Title: Director of Operations Email address: chrissh@centreinc.org Telephone number: 701-373-8349 PREA Audit Report 1
AUDIT FINDINGS NARRATIVE Centre, Inc. is a North Dakota non-profit rehabilitative, correctional and human service agency which was formed in 1976 to assist the courts and other mainstream public agencies in providing community-based services to establish halfway houses as a cost-effective intermediate sanction as well as an adjunct to parole or probation supervision. CENTRE: is an Acronym with the legal name being Community Extended Nuclear Transitional Residence for Ex-offenders. Headquartered in Fargo, ND, Centre s programs and clients have greatly grown in numbers and its programming has evolved since its inception in 1976 and currently has facilities in Fargo, Mandan and Grand Forks. Centre, Inc. has agency wide policies and procedures that apply to all programs. As a result of the agency s first PREA audit at the Mandan facility, these policies and procedures were revised and enhanced to meet PREA standards. Centre Inc. maintains a website at http://centreinc.org with a PREA section that lists reports, policies and relevant information. Centre, Inc. should be commended for their efforts to implement practices that show a commitment and understanding of the spirit and intent of the Prison Rape Elimination Act. This PREA audit is for the Grand Forks Transition program located in Grand Forks, ND. The audit process started with contact from Chris Shotley, Director of Operations and the Agency- Wide PREA Coordinator for Centre, Inc. The six week notice prior to the start of the PREA audit was provided and posted timely. No residents contacted the auditor, prior or after the audit, or requested to meet with the auditor while on site. The PREA Coordinator completed the Pre-Audit Questionnaire for Community Confinement Facilities which was sent to the auditor along with a USB thumb drive that contained essential information about the facility operation and the applicable agency wide policies and procedures. The Pre-Audit Questionnaire and the material sent was reviewed and found to be very comprehensive and used to complete a good portion of the information on the PREA Compliance Audit Instrument Checklist in advance of the on site visit and to identify additional information that might be required. The on-site PREA audit of Centre Inc. - Grand Forks Transition (Grand Forks Transition) was conducted on June 23, 2015. A brief entrance conference was held with the Agency PREA Coordinator/Director of Operations of Centre Inc. and the Program Director/PREA Coordinator of Grand Forks Transition followed by a tour of the facility. After the tour, interviews were conducted with staff and residents and policies, data and records were examined. Due to the small size of the facility all staff working on the day of the audit visit and all residents at the facility during the audit were interviewed. PREA Audit Report 2
DESCRIPTION OF FACILITY CHARACTERISTICS The Grand Forks Transition Program is located on the 2nd floor of a building leased by Centre Inc. in downtown Grand Forks. Grand Forks Transition provides gender-responsive residential transitional services for male North Dakota Department of Corrections and Rehabilitation inmates that are near the end of their parole eligibility date or discharge date. Grand Forks residential services provide a supportive and structured living environment in which drug testing, intensive monitoring, employment skills, cognitive thinking skills, social skills, and problem solving skills are provide to adult residents. The transitional residential facility is staffed on a twenty-four hour a day basis. Although most residents are allowed to leave the facility for work and/or programming purposes, they must sign out and in with staff approval prior to leaving and upon return. Depending on varied referral source parameters and/or level/phase systems, residents may also sign out for other purposes. The average daily number of residents is 16. The average length of stay is 60 days. SUMMARY OF AUDIT FINDINGS There are 39 PREA standards for community confinement facilities of which 36 were applicable for this audit, resulting in 100% overall compliance for Grand Forks Transition as indicated below: Number of standards exceeded: 3 Number of standards met: 33 Number of standards not met: 0 Number of standards not applicable: 3 PREA Audit Report 3
Standard 115.211 Zero tolerance of sexual abuse and sexual harassment; PREA Coordinator Centre Inc. written policy P-18 Sexual Abuse/Assault Prevention & Intervention mandates zero tolerance toward all forms of sexual abuse and sexual harassment and outlines the agency's approach to preventing, detecting, and responding to such conduct. This policy, on Centre Inc's website as well, is the basis for creating a zero tolerance culture in regards to all forms of sexual abuse and sexual harassment. Grand Forks Transitional appears to demonstrate a commitment to safety for residents and staff, while supporting a culture of prevention, detection, reporting, and response. Staff interviews revealed an ownership of the agency s commitment to the prevention, detection and response to sexual abuse and sexual harassment, and were well versed in this policy. Centre Inc. employs an upper-level, agency-wide PREA Coordinator. The PREA Coordinator is based out of Fargo, ND, and is proactive and committed to the implementation of all PREA standards. The PREA Coordinator is also the Director of Operations and supervises the PREA Compliance Officers at each site. The PREA Compliance Officer at Grand Forks Transitional is also the Program Director. Interviews with the PREA Coordinator and PREA Compliance Officer revealed both acknowledging sufficient time and authority to develop, implement, and oversee efforts to comply with the PREA standards. PREA Coordinator/Director of Operations and the PREA Compliance Officer/Program Director are evident on the agency's organizational chart, Centre, Inc. Policy PE-1, as well as listed on the agency's website. Standard 115.212 Contracting with other entities for the confinement of residents Not Applicable Centre Inc. does not maintain contracts with other entities for the confinement of residents. PREA Audit Report 5
Standard 115.213 Supervision and monitoring Grand Forks Transitional has a documented staffing plan which is reviewed annually by the Executive Director, the PREA Coordinator/Director of Operations. Grand Forks Transitional staffing plan is supported by agency policy and is a signed, dated document authored by the PREA Coordinator/Director of Operations confirming the creation of the staffing plan which took into consideration the physical layout of the facility, the composition of resident population, and all if any incidents of sexual abuse. Grand Forks Transition does not deviate from the approved staffing plan. The The Program Director, who directly supervises residential/direct care staff makes unannounced, sporadic checks throughout the facility. The Residential Specialist also makes random checks throughout the facility. The physical layout of the facility allows adequate coverage from the centrally located Resident Specialist station. The facility has 4 cameras that primarily monitor the entrances of the facility. Standard 115.215 Limits to cross-gender viewing and searches Centre Inc. has a comprehensive written policy on searches (P-17) and consistent practice of conducting no cross-gender strip, cross-gender visual body cavity searches, or cross-gender pat downs of residents which was confirmed through interviews with multiple residents, Residential Specialists, PREA Compliance Officer/Program Director and the Agency PREA Coordinator/Director of Operations. Pat searches are documented in resident logs in the SecurManage system. Policy was supported by practice as confirmed in the aforementioned interviews, and noted during the PREA audit tour. Staffs of the opposite gender announces" themselves by gender when conducting checks of sleeping rooms and bathroom/shower areas. Policies are in place and staff appears very respectful in carrying out procedures which enable residents to shower, perform bodily functions, and change clothing without staff of the opposite gender viewing their private areas of their bodies, except in exigent circumstances, or when such viewing is incidental to routine cell checks. Training records were reviewed and confirmed all staff received a two hour training entitled, "Searches and Inspection", which also included notification and explanation of the updated procedure. The New Employee Orientation Checklist serves as documentation that each employee is trained on pat- down searches. Centre Inc. policy clearly states the facility will not search or physically examine a trans-gender or inter-sex resident for the sole purpose of determining the resident's genital status. PREA Audit Report 6
Standard 115.216 Residents with disabilities and residents who are limited English proficient Grand Forks Transitional does not rely on resident interpreters, resident readers, or other types of resident assistants except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the resident's safety, the performance of first-response duties under 115.264, or the investigation of the resident's allegations. This is evidenced by current policy and procedure. Interviews with the Agency PREA Coordinator/Director of Operations, PREA Compliance Officer, and intake staff confirmed there has been no need to use an interpreter over this past year due to an English speaking resident population. The facility staff is aware of community resources they can summon if the need for an interpreter were to arise. The Resident Specialist, who is conducting the intake, goes over information with the resident verbally and checks for understanding. The Residential Specialist will be able to provide immediate assistance to aid in the understanding of the written materials if a resident is in need because of a reading, comprehension, or hearing issue. The residents sign and date the document upon receipt, which indicates they understood the information presented. There were no limited English speaking or disabled residents placed at Grand Forks Transition during the time of the on-site audit visit. Standard 115.217 Hiring and promotion decisions Per Centre Inc. personnel policy P-5 and verified in interviews, Centre Inc. does not hire or promote anyone who may have contact with residents and does not enlist the services of any contractor who may have contact with residents who has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution, has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse or has been civilly or administratively adjudicated to have engaged in the activity described above. Centre Inc. considers 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 residents. Consistent with federal, state, and local law, Centre Inc. 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. Centre Inc. asks all applicants and employees who may have contact with residents directly about previous misconduct described above in written applications or interviews for hiring or promotions and in any interviews or written self-evaluations conducted as part of reviews of current employees. Centre Inc. also imposes upon employees a continuing affirmative duty to disclose any such misconduct. Material omissions regarding such misconduct, or the provision of materially false information, are grounds for termination. Centre Inc. conducts criminal background records checks at least every five years of current employees and contractors who may have contact with residents. PREA Audit Report 7
Standard 115.218 Upgrades to facilities and technologies Interviews with the Agency PREA Coordinator/Director of Operations and Program Director verified there have been no major renovations to the Grand Forks Transitional facility since 2008. Standard 115.221 Evidence protocol and forensic medical examinations X Meets Standard (substantial compliance; complies in all material ways with the standard for the Grand Forks Transitional refers all sexual abuse investigations for criminal investigation to the Grand Forks Police Department. Per Policy, the facility follows a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions. In a Memorandum of Understanding dated July 9, 2014, Centre Inc. has verified the Grand Forks Police Department utilizes protocol adapted from, or otherwise 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. Centre Inc. policy clearly outlines all victims of sexual abuse have access to forensic medical examinations without financial cost, where evidential or medically appropriate. Residents are taken to Altru Hospital in Grand Forks and Such examinations are performed by Sexual Assault Forensic Examiners (S.A.F.E.) or Sexual Assault Nurse Examiners (S.A.N.E.). There have been no forensic medical exams conducted within the past year and there were no residents who made a report of sexual abuse within the current resident population during the onsite audit visit. PREA Audit Report 8
Standard 115.222 Policies to ensure referrals of allegations for investigations Interviews with the Agency PREA Coordinator/Director of Operations, and the PREA Compliance Officer/Program Director support practice as outlined in Centre Inc. policy P-18 ensuring an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment, documenting all referrals. Grand Forks Transition ensures allegations of sexual abuse are referred for investigation to Grand Forks Police Department unless the allegation does not involve potentially criminal behavior. If the allegation does not involve potentially criminal behavior, Centre Inc. will conduct an administrative investigation. Centre Inc.'s agency investigation policy includes an overall description of the responsibilities of at what point a criminal investigation referral is made, and the Grand Forks Police Department's policy regarding criminal investigations of sexual abuse or sexual harassment. The Memorandum of Understanding with the Grand Forks Police Department which indicates the Grand Forks Police Department utilizes protocol based on the Department of Justice's Office on Violence Against Women publication, "A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents" is also posted on Centre Inc's website. Standard 115.231 Employee training X Centre Inc. trains all employees who have contact with residents on: It's zero tolerance policy for sexual abuse and sexual harassment: how to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures, residents' right to be free from sexual abuse and sexual harassment, the right of residents and employees to be free from retaliation for reporting sexual abuse and sexual harassment, the dynamics of sexual abuse and sexual harassment in confinement, the common reactions of sexual abuse and sexual harassment victims, how to detect and respond to signs of threatened and actual sexual abuse, how to avoid inappropriate relationships with residents, how to communicate effectively and professionally with residents, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming residents, and how to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities. All current Grand Forks Transition employees have received training regarding PREA standards and each employee is provided with refresher training annually to ensure that all employees know the agency's current sexual abuse and sexual harassment policies and procedures. In addition to the annual PREA refresher training, the agency clearly provides refresher information on current sexual abuse and sexual harassment policies. Grand Forks Transition staff was able to articulate required PREA training components and offer examples of day to day implementation during multiple interviews. Grand Forks Transition documents through employee signature the employees understand the training they have received as evidenced by dated and signed training records reviewed. PREA Audit Report 9
Standard 115.232 Volunteer and contractor training There are currently no volunteers at the Grand Forks Transition. All current contractors have been trained in PREA standards based on the services they provide and level of contact they have with residents. All contractors who have contact with residents are notified of the agency's zero tolerance policy regarding sexual abuse and sexual harassment and informed how to report such incidents. Grand Forks Transition maintains Prison Rape Elimination Act (PREA) Compliance Acknowledgment (Contractors, Vendors and Volunteers) forms signed by contractors indicating they understand and will comply with the agreement. The auditor was required to review and sign the aforementioned form in preparation for this PREA on-site audit, and viewed other Prison Rape Elimination Act (PREA) Compliance Acknowledgment (Contractors, Vendors and Volunteers) forms signed by contractors. Standard 115.233 Resident education X Meets Standard (substantial compliance; complies in all material ways with the standard for the During Grand Forks Transition intake process, residents receive "Centre -An Overview for Clients on Sexual Abuse/Assault Prevention and Intervention" which is comprehensive information explaining the agency's zero tolerance policy regarding sexual abuse and sexual harassment, how to report incidents or suspicions of sexual abuse or sexual harassment, their rights to be free from sexual abuse and sexual harassment and to be free from retaliation for reporting such incidents, and regarding agency policies and procedures for responding to such incidents. All residents sign, date, and acknowledge understanding on the "An Overview for Clients on Sexual Abuse/Assault Prevention and Intervention Signature Acknowledgment Page". Many of these resident signature acknowledgment pages were reviewed during the on-site visit, as the document becomes part of the electronic resident file. Centre Inc. policies, and interviews with intake staff, Residential Specialists, Case Managers, and residents confirm the provision of resident education in formats accessible to all residents, including those who are limited English proficient, deaf, visually impaired, or otherwise disabled as well as residents who have limited reading skills. Within 48 hours of arrival, residents participate in a PREA orientation group, which utilizes the Just Detention International DVD entitled, "PREA: What You Need to Know". Participation in PREA orientation group was supported by interviews with residents. The PREA orientation groups exceed PREA Community Confinement standards, which require PREA education be provided at time of intake. Grand Forks Transition ensures key information is continuously and readily available or visible to residents through other written information. Bright lime green PREA posters that are 16" x 20" containing bold black font are posted throughout the facility in clearly visible locations. PREA Audit Report 10
Standard 115.234 Specialized training: Investigations The agency PREA Coordinator/Director of Operations and 3 other Centre Inc PREA Compliance Officer/Program Directors successfully completed twenty hours of PREA Investigator Training provided by the "Moss Group" on April 28-30, 2014. This is an intensive, comprehensive, specialized training for PREA investigators and includes techniques for interviewing sexual abuse victims, proper use of Miranda and Garrity warnings, sexual abuse evidence collection in confinement settings, and the criteria and evidence required to substantiate a case for administrative action or prosecution referral. The Grand Forks Transition PREA Compliance Officer completed a 16 hour PREA Investigation training from the North Dakota Department of Corrections and Rehabilitation as well as numerous PREA Training through Relias Learning. Interview of the Agency PREA Coordinator/Director of Operations indicates a commitment to the prevention, detection and coordinated response to sexual abuse. As staff may change, Centre Inc. will seek to always have a higher rank on-site staff person, such as the PREA Compliance Officer/ Program Director, receive specialized investigations training. Standard 115.235 Specialized training: Medical and mental health care Meets Standard (substantial compliance; complies in all material ways with the standard for the Not Applicable Grand Forks Transition refers residents who have medical and mental health care needs to the community PREA Audit Report 11
Standard 115.241 Screening for risk of victimization and abusiveness All residents at Grand Forks Transition are assessed during an intake screening for their risk of being sexually abused by other residents or sexually abusive toward other residents and this information is used to make bed and room assignments. The current intake screening considers nine criteria to assess residents for risk of sexual victimization. In addition the intake screening considers prior acts of sexual abuse, prior convictions for violent offenses, and history of prior institutional violence or sexual abuse, as known to the facility in assessing residents for risk of being sexually abusive. Beginning on September 5, 2014, the PREA Initial Assessment, a comprehensive, objective screening tool was created using a revised version of the ND Department of Correction and Rehabilitation's screening tool. This objective screening tool is scored utilizing a scoring manual, entitled, the PREA Rating Assessment Manual, and will promote scoring consistency across ND facilities. Case Managers will be reminded, via a task due in the Case Management tab of SecurManage, within 25 days of the client's entry to complete the PREA Risk Re-assessment. The creation of this objective screening tool, creating parallel policy and procedures, which included the process of reassessing all clients within 30 days of the client's arrival at the facility. Standard 115.242 Use of screening information X Grand Forks Transition uses information from the risk screening required by 115.241 to make informed housing, bed, work, education, and program assignments with the goal of keeping separate those residents at high risk of being sexually victimized from those at high risk of being sexually abusive. In a highly respectful manner, evidenced in intake staff and Residential Specialist interviews, the facility focuses on individualizing these determinations. As demonstrated through policy and documentation of such team housing decisions, based on factors of vulnerability and propensity for aggression, Grand Forks transition considers on a case-bycase basis whether a placement would ensure the resident's health and safety, and whether the placement would present management or security problems. PREA Audit Report 12
Standard 115.251 Resident reporting Grand Forks Transition provides multiple internal ways for residents to privately report sexual abuse and sexual harassment, retaliation by other residents or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents. Residents are informed many times, in multiple ways they can report sexual abuse and sexual harassment verbally, in writing, anonymously, by a third party, and have written materials and PREA posters notifying them of whom to report to. Residents receive this information in writing upon intake, in PREA orientation through media, additional written material, and PREA posters serve as reminders. All residents interviewed were aware of PREA and were able to verbalize various ways to report. Staff verbalized they are trained on accepting reports verbally, in writing, anonymously, and from third parties. Staff interviews revealed an understanding of the expectation to promptly document any verbal reports, and notify their chain of command immediately. Staff is trained on methods they may privately report sexual abuse and sexual harassment of residents through verbal, written and anonymous reports. Residential Specialists have binders with policies and procedures specific to their duties and responsibilities. Standard 115.252 Exhaustion of administrative remedies Centre Inc. has a comprehensive administrative procedure for dealing with resident grievances regarding sexual abuse documented in policy P-6. Within this administrative procedure the following is outlined: A resident may submit a grievance regarding an allegation of sexual abuse at any time regardless of when the incident is alleged to have occurred. In an attempt to reach resolution, the facility will not require a resident to use any informal grievance process, or to otherwise attempt to resolve with staff an alleged incident of sexual abuse. Further, nothing in this section shall restrict the facility's ability to defend against a lawsuit filed by a resident on the ground that the applicable statute of limitations has expired. In addition, Centre Inc. ensures a resident who alleges sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the complaint, and the grievance is not referred to a staff member who is the subject of the complaint. Centre Inc. allows third parties including fellow residents, staff members, family members, attorneys, and outside advocates to assist residents in filing requests for administrative remedies relating to allegations of sexual abuse and permit filing such requests on behalf of residents. If the resident declines to have the request processed on his or her behalf, the facility shall document the resident's decision. There were no grievances alleging sexual abuse this past year in which the residents declined third-party assistance. PREA Audit Report 13
Standard 115.253 Resident access to outside confidential support services Grand Forks Transition provides addresses and phone numbers of local, state and national sexual assault hotlines in distributed written materials and on PREA posters. There are accessible pay phones in the facilities and residents may use a staff phone if indigent. Residents with hearing and/or speech disabilities shall be afforded access to a Telecommunications Device for the Deaf (TDD) or comparable equipment. Residents are not allowed to use their cell phones within the facility however, a large percentage of residents access their cell phones and community phones when outside of the facility. Interviews with the Case Manager, the Agency PREA Compliance Officer/Program Director, and residents support upon intake Centre Inc. provides residents An Overview for "Clients on Sexual Abuse/Assault Prevention and Intervention". Within this document are resources for confidential support services. Intake staff, who are usually the Residential Support Staff or Case Managers, check for understanding and guide the resident through the written material. A very lengthy list of other community-based resources available for support and therapy is also provided. The facility informs residents at time of intake the extent to which such communications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws. Resident interviews revealed knowledge of the ability to make a report confidentially to local, state and national sexual abuse and domestic violence hotlines. Standard 115.254 Third-party reporting Grand Forks Transition trains to staff responsibility to accept, document, and immediately refer thirdparty reports. Upon intake, residents receive information about third-party reporting in the comprehensive document entitled, An Overview for "Clients on Sexual Abuse/Assault Prevention and Intervention". PREA posters also support the process of third-party reporting, and the facility has posted methods and encouragement regarding third-party reporting relative to public access on Centre Inc.'s website. PREA Audit Report 14
Standard 115.261 Staff and agency reporting duties Grand Forks Transition requires all staff to report immediately and according to Centre Inc. policy P-18 any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of the agency, retaliation against residents or staff who reported such an incident, and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. The interviews with random staff confirmed staff were aware of this policy and understand the scope and need for immediate action and refer all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports, to the facility's designated investigators. Staff training and daily practice support the expectation staff will not reveal any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in facility policy, to make treatment, investigation, and other security and management decisions. Grand Forks Transition refers residents to community medical and mental health providers. The PREA Compliance Officer/Program Director was aware of the mandatory reporting laws regarding if the alleged victim is considered a vulnerable adult under North Dakota State statute, which mandates the agency reporting the allegation to the designated State or local social services agency. Standard 115.262 Agency protection duties X Centre Inc. has developed a written and visual institutional plan to coordinate actions taken in response to an incident of sexual abuse among staff first responders, medical and mental health practitioners, investigators, and facility leadership. This written plan, entitled, "Centre Inc. Coordinated Response to PREA Incidents" uses shading, design, bulleting and categories of action which are clearly identified by the various disciplines which include staff. The diagram is in the shape of an arrow, implying guided direction throughout the coordinated response, beginning with the first responder, and ending with a formal review of the sexual abuse incident. These diagrams are posted throughout Grand Forks Transitional and serve as quick reference guides to staff, and a reminder to staff and residents of Centre Inc. commitment to prevention, detection, and effective response to sexual abuse within confinement. This diagram is available on Centre Inc.'s website. PREA Audit Report 15
Standard 115.263 Reporting to other confinement facilities Upon receiving an allegation that a resident was sexually abused while confined at another facility, the PREA Compliance Officer/Program Director receiving the allegation, shall notify the head of the facility or appropriate office of the agency where the alleged abuse occurred, as soon as possible, but no later than 72 hours after receiving the allegation documenting the notification. Interviews with the Agency PREA Coordinator/Director of Operations, and PREA Compliance Officer/ Program Director indicated Grand Forks Transition has not received notifications regarding allegations made by former residents. Policy and protocol ensure such allegations would be investigated in accordance with these standards. Standard 115.264 Staff first responder duties Centre Inc. Policy P-18 includes a comprehensive "first responder duties" policy and trains regarding procedures. In addition to training, staff binders, and written policy, a visual coordinated response action plan entitled, "Centre Inc. Coordinated Response to PREA Incidents" which originates with the specific duties of a first responder is posted throughout the facility and on Centre Inc.'s website. Confirmed by staff interviews, first responders were able to verbalize the required action and step required after learning of an allegation a resident was sexually abused. An interview of a non-direct care staff indicated a clear understanding if the first staff responder is not a security staff member, the responder shall be required to request that the alleged victim not take any actions that could destroy physical evidence, and then notify Residential/Direct Care staff. There have been no incidents requiring "first response" by any staff, or allegations of resident sexual abuse at Grand Forks Transition in the last 12 months. PREA Audit Report 16
Standard 115.265 Coordinated response Centre Inc. has developed a written and visual institutional plan to coordinate actions taken in response to an incident of sexual abuse among staff first responders, medical and mental health practitioners, investigators, and facility leadership. This written plan, entitled, "Centre Inc. Coordinated Response to PREA Incidents" uses shading, design, bulleting and categories of action which are clearly identified by the various disciplines which include staff. The diagram is in the shape of an arrow, implying guided direction throughout the coordinated response, beginning with the first responder, and ending with a formal review of the sexual abuse incident. These diagrams are posted throughout Grand Forks Transitional and serve as quick reference guides to staff, and a reminder to staff and residents of Centre Inc. commitment to prevention, detection, and effective response to sexual abuse within confinement. This diagram is available on Centre Inc.'s website. Standard 115.266 Preservation of ability to protect residents from contact with abusers Not Applicable Centre Inc. does not have collective bargaining agreements as verified in the interview with the Director of Operations. PREA Audit Report 17
Standard 115.267 Agency protection against retaliation Centre Inc. policy P-18 Grand Forks Transition Standard 115.271 Criminal and administrative agency investigations Centre Inc. conducts only administrative investigations. The PREA Coordinator/Director of Operations and the PREA Compliance Officer/Program Director, who have been trained through Specialized Investigator training, conduct the administrative investigations. If an allegation appears to be at all criminal in nature, an immediate referral is made to the Grand Forks Police Department for investigation The PREA Compliance Officer/Program Director of Centre Inc. is committed to act as a liaison, and makes efforts to remain informed of progress regarding the investigation. Documentation which supports the agency retention of all written reports pertaining to the administrative or criminal investigation (if provided criminal investigative reports) for as long as the alleged abuser is incarcerated or employed by the agency, plus five years, was reviewed in the Centre Inc. Policy SP-6, Information Practices, Confidentiality, Records and Data; Statistics, Outcome Measures and Agency Cooperation. PREA Audit Report 18
Standard 115.272 Evidentiary standard for administrative investigations Interviews with the PREA Coordinator/Director of Operations and PREA Compliance Officer, does not impose a standard higher than a preponderance of the evidence in determining whether allegations of sexual abuse or sexual harassment are substantiated. Standard 115.273 Reporting to residents Centre Inc.'s policy P-18 procedure was acknowledged in interviews of the PREA Coordinator/Director of Operations and PREA Compliance Officer (who are also Investigative Staff). There have been no criminal investigations at Grand Forks Transition. There were no residents who reported sexual abuse placed at Grand Forks Transition at the time of the on-site visit. PREA Audit Report 19
Standard 115.276 Disciplinary sanctions for staff Centre Inc. has a comprehensive policy, and professional expectations of staff as outlined in policy P-18 and Centre Inc.'s Personnel Policies and Procedures manual. Staff shall be subject to disciplinary sanctions up to and including termination for violating agency sexual abuse or sexual harassment policies; termination shall be the presumptive disciplinary sanction for staff who have engaged in sexual abuse. All terminations for violations of agency sexual abuse or sexual harassment policies, or resignations by staff who would have been terminated if not for their resignation, will be reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies. No Grand Forks Transition employees have been terminated (or resigned prior to termination) for violating agency sexual abuse or sexual harassment policies, and no employees have been disciplined, short of termination for violation of said policies, in the past 12 months. Standard 115.277 Corrective action for contractors and volunteers Centre Inc. policy a P-18, states any contractor or volunteer who engages in sexual abuse shall be prohibited from contact with residents and shall be reported to law enforcement agencies, unless the activity was clearly not criminal, as well as to relevant licensing bodies. There are no volunteers at Grand Forks Transition, and no contractors have been reported to law enforcement for engaging in sexual abuse of residents. PREA Audit Report 20
Standard 115.278 Disciplinary sanctions for residents Interviews with the PREA Coordinator/Director of Operations and PREA Compliance Officer/Program Director clearly represent a philosophy of positive reinforcement and redirection, as well as the use of cognitive restructuring and creative interventions to support resident success. As outlined in Centre Inc. policy P-13, residents shall be subject to disciplinary sanctions pursuant to a formal disciplinary process following an administrative finding that the resident engaged in resident-on-resident sexual abuse or following a criminal finding of guilt for resident-on-resident sexual abuse.sanctions shall be commensurate with the nature and circumstances of the abuse committed, the resident's disciplinary history, and the sanctions imposed for comparable offenses by other residents with similar histories. Disciplinary process shall consider whether a resident's mental disabilities or mental illness contributed to his or her behavior when determining what type of sanction, if any, should be imposed. Referrals may be made for community-based therapy, counseling, or other interventions designed to address and correct underlying reasons or motivations for the abuse. The facility shall consider whether to require the offending resident to participate in such interventions as a condition of access to programming or other benefits. Centre Inc. prohibits all sexual activity between residents and may discipline residents for such activity. The facility however, deems such activity to constitute sexual abuse only if it determines that the activity is coerced. Standard 115.282 Access to emergency medical and mental health services Resident victims of sexual abuse receive timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope of which are determined by medical and mental health practitioners according to their professional judgment. Grand Forks Transition does not employ medical and/or mental health staff. Grand Forks Transition security staff first responders will take preliminary steps to protect the victim pursuant to 115.262, and shall immediately notify the appropriate medical and mental health practitioners, according to outlined coordinated response. Centre Inc. policy P-18 clearly outlines all victims of sexual abuse have access to forensic medical examinations without financial cost, when medically appropriate. Such examinations shall be performed by Sexual Assault Forensic Examiners (S.A.F.E.) or Sexual Assault Nurse Examiners (S.A.N.E.). It also indicates resident victims of sexual abuse while incarcerated shall be offered timely information about, and timely access to, emergency contraception and sexually transmitted infections and prophylaxis at no cost to the victim. Interviews with Residential Specialist/First Responders, PREA Compliance Officer/Program Director and PREA Compliance Officer/Program Director support current policy and procedure. There were no residents who reported sexual abuse at Grand Forks transition at the time of the on-site audit. PREA Audit Report 21
Standard 115.283 Ongoing medical and mental health care for sexual abuse victims and abusers Grand Forks Transition offers medical and mental health evaluation and, as appropriate, treatment to all residents who have been victimized by sexual abuse in any prison, jail, lockup, or juvenile facility through community referrals and ensures that these medical and mental health services are consistent with the community level of care. In addition, the evaluation and treatment of such victims shall include as appropriate, follow-up services, treatment plans, and, when necessary, referrals for continued care following their transfer to, or placement in other facilities, or their release from custody, as evidenced in release plans and probation and parole plans if appropriate. Centre Inc. policy P-18 indicates resident victims of sexual abuse while incarcerated shall be offered tests for sexually transmitted infections as medically appropriate, and treatment services shall 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. Interviews with Case Managers and PREA Compliance Officer/Program Director support current policy and procedure. Secondary documentation regarding referrals, timeliness of referrals and provision of services is the responsibility of the case managers overseen by the PREA Compliance Officer/Program Director. There were no residents who reported sexual abuse, or known resident-on-resident Grand Forks Transition the time of the on-site audit. Standard 115.286 Sexual abuse incident reviews abusers at A sexual abuse incident review is conducted at the conclusion of every sexual abuse investigation, using the form entitled "Sexual Abuse Response Team Report", according to current policy, which occurs well within 30 days of the conclusion of the investigation. Interviews with the PREA Coordinator/Director of Operations and the PREA Compliance Officer/Program Director revealed the aforementioned are always involved in the sexual abuse incident review, as well as the staff involved in the current incident. On October 7, 2014, the Reporting and Handling of Significant or Unusual Incidents Policy and Procedure was updated to include: the formation of a Sexual Abuse Response Team (SART) for each incident involving potential sexual abuse and or harassment. All Centre Inc. program staff were trained on revised policy and procedure. PREA Audit Report 22
Standard 115.287 Data collection Per Centre Inc. policy P-18, Grand Forks Transition collects data for every allegation of sexual abuse, which at a minimum includes, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the Department of Justice. This data is aggregated annually. In addition, Grand Forks Transition maintains, reviews, and collects data as needed from all available incident-based documents including reports, investigation files, and sexual abuse incident reviews. On October 7, 2014, the Agency PREA Coordinator developed a Sexual Abuse Response Team Report. The SART Report reviews and assesses all required aspects as outlined in 115.286. Standard 115.288 Data review for corrective action Per Centre Inc. policy P-18, and interview with the Agency PREA Coordinator/Director of Operations, on or around January 1 of each year the PREA Coordinator/Director of Operations or designee reviews the Sexual Abuse Response Team Reports, and tallies statistics on the number of Non-consensual Sexual Action, Abusive Sexual Contacts, Consensual Sexual Contacts, Staff Sexual Misconduct, and Sexual Harassment Incidents. The PREA Coordinator/Director of Operations forwards this information to the Agency Head for review and approval as well as the referral agencies and licensing authority oversight personnel as requested. Grand Forks Transition PREA Annual Report for 2014 was provided and the 2013 Annual report, is on the Centre Inc. website. There were no allegations reported. PREA Audit Report 23
Standard 115.289 Data storage, publication, and destruction Per Centre Inc. policy P-18, Grand Forks Transitional ensures all data collected pursuant to 115.287 is securely retained, and maintains sexual abuse data collected pursuant to 115.287 for at least 10 years after the date of the initial collection unless Federal, State, or local law requires otherwise. All personal identifiers are removed prior to making aggregated sexual abuse data publicly available on Centre Inc.'s website. AUDITOR CERTIFICATION I certify that: The contents of this report are accurate to the best of my knowledge. No conflict of interest exists with respect to my ability to conduct an audit of the agency under review, and I have not included in the final report any personally identifiable information (PII) about any resident or staff member, except where the names of administrative personnel are specifically requested in the report template. _ July 20, 2015 Auditor Signature Date PREA Audit Report 24