Prison Rape Elimination Act

 

The Prison Rape Elimination Act (PREA), a federal law enacted in 2003, was created to eliminate sexual abuse in confinement. In addition to providing federal funding for research, programs, training, and technical assistance to address the issue, the legislation mandated the development of national standards. The National Prison Rape Elimination Commission developed recommended national standards for reducing prison rape.

In order to promote a safe and humane setting for the confinement of pre-trial detainees as well as convicted offenders, the Carter County Detention Center maintains a “zero tolerance policy” regarding the sexual abuse of inmates, staff-on-inmate sexual misconduct, and inmate-on-inmate sexual misconduct. The CCSO maintains a program of prevention, detection, response, investigation and tracking. Sexual assault among inmates and staff sexual misconduct towards inmates is strictly prohibited and subject to administrative and criminal disciplinary sanctions. All allegations, regardless of source will be investigated. Staff-on-inmate sexual misconduct will be governed by the TCA CODE 39-16-408, which includes contract and volunteer personnel. The appropriate sections of the TCA Code will govern inmate-on-inmate sexual abuse based upon the advice of the District Attorney’s Office and the investigating police authority.

Sexual misconduct is illegal and will not be tolerated in any manner at the Carter County Detention Center. Sexual misconduct includes: inmateon-inmate sexual abuse, assault, or consensual sexual activity, and staff-oninmate sexual abuse, assault or consensual sexual activity. Sexual misconduct also includes any solicitation of sexual activity. All allegations are fully investigated and substantiated incidents are reported to the CCSOs CID
Division and referral for prosecution if warranted.

Sexual abuse can be reported to ANY staff member at any time, either verbally or in writing. The staff will take actions to protect inmates from the assailant and refer them to medical for further treatment and counseling.

The following resources are available for reporting and/or counseling for victims of sexual abuse:

Rape, Abuse & Incest National Network

(RAINN): 1-800-656-4673

Sexual Assault Center of East Tennessee:

       196 Montgomery Street Johnson City, TN, 37604 Office: (423) 202-642

If you wish to report information that an inmate at the Carter County
Detention Center has been the victim of sexual abuse by another inmate, or have information about employee sexual misconduct with regard to an inmate,
please contact one of the following, either in writing or by phone:

Email: Prea@Sheriff.cc
PREA Coordinator Phone: (423) 542-1845
Contact in Writing: PREA 900 E. Elk Ave Elizabethton, TN 37643

OR:

District Attorney Generals Office
P.O. Box 38
Jonesborough,TN 37659
(423)753-5020

Investigations are given one of three designations:

  • Substantiated – An allegation investigated and determined to have occurred.
  • Unfounded – An allegation investigated and determined not to have occurred.
  • Unsubstantiated – An allegation that was investigated and evidence was insufficient to make a determination of substantiated or unfounded

 



CARTER COUNTY SHERIFF’S OFFICE

2017 ANNUAL PREA REPORT

 

GENERAL INFORMATION:

The Prison Rape Elimination Act (PREA) was passed into law in 2003 by President George W. Bush. The act mandated zero tolerance of sexual abuse inside correctional facilities and developed standards to detect and prevent sexual abuse and sexual harassment of those incarcerated. This report serves as an annual review to assess and improve the effectiveness of sexual abuse prevention, detection, and response policies, practices, and training within the Carter County Sheriff’s Office Corrections Division, pursuant to §115.88 and §115.89 of the national PREA standards. Therein, the Carter County Sheriff’s Office will:

  1. Review and aggregate incident-based sexual abuse data annually in order to improve

effectiveness of sexual abuse prevention, detection, and response policies, practices,

training to include:

  1. Identifying problem areas;
  2. Taking corrective action on an on-going basis; and
  3. Preparing an annual report of its findings.
  4. Compare the current year’s data and corrective actions with those from prior years

and provide an assessment of the agency’s progress in addressing sexual abuse.

  1. Publish the annual report of its findings and corrective actions on the Carter County

Sheriff’s Office website.

 

PREA DEFINITIONS:

Sexual abuse includes:

  1. Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident; and
  1. Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer.

Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:

  1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
  1. Contact between the mouth and the penis, vulva, or anus;
  2. Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
  1. Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.

 

Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer includes any of the following acts, with or without consent of the inmate, detainee, or resident:

  1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
  1. Contact between the mouth and the penis, vulva, or anus;
  2. Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
  1. Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
  1. Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties of where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
  1. Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in paragraphs (1) – (5) of this section;
  1. Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, detainee, or resident, and;
  1. Voyeurism by a staff member, contractor, or volunteer.

Voyeurism by a staff member, contractor, or volunteer means an invasion of privacy of an inmate, detainee, or resident by staff for reasons unrelated to official duties, such as peering at an inmate who is using a toilet in his or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an inmate’s naked body or of an inmate performing bodily functions.

 

Sexual Harassment includes:

  1. Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate, detainee, or resident directed toward another; and
  2. Repeated verbal comments or gestures of a sexual nature to an inmate, detainee, or resident by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

 

PREA INCIDENT TYPES BY ALLEGATION:

 

Substantiated: Investigated and determined to have occurred.

Unsubstantiated: Investigated, however not enough evidence to determine an incident had occurred.

Unfounded: An allegation that was investigated and determined to not have occurred.

Ongoing: Investigation has not been completed.

 

INVESTIGATIONS:

Every allegation made is investigated. If an allegation of sexual abuse is substantiated, the perpetrator will be charged with a criminal act and CCSO will work closely with prosecutors to ensure prosecution. Any reports made in bad faith will also be referred to prosecutors, and criminal and/or disciplinary charges will be pursued.

INMATES AND INCIDENTS INCLUDED IN DATA COLLECTION:

Inmates housed in the Carter County Detention Center between January 1, 2017 and December 31, 2017.

Any incident of sexual misconduct, sexual harassment, or sexual abuse involving inmate-on-inmate or staff-on-inmate.

GENERAL INFORMATION:

Number of Individuals –

Incarcerated in Carter County Detention Center on December 31, 2017

Male _  153____         Female ___48___

 

Admitted to Carter County Detention Center during 2017

Male __2612___        Female __1094___

Incarcerated individuals between January 1st, 2017 and December 31st, 2017 (Average number)

Male __ 181___          Female ___54___

ALLEGATION INFORMATION:

Inmate on Inmate nonconsensual sexual acts between January 1, 2017 and December 31, 2017

Number Reported:      ___2____

Substantiated:             ___0____

Unsubstantiated:         ___1____

Unfounded:                ___1____

Ongoing:                     ___0____

 

Inmate on Inmate abusive sexual contacts between January 1, 2017 and December 31, 2017

Number Reported:      ___1____

Substantiated:             ___1____

Unsubstantiated:         ___0____

Unfounded:                ___0____

Ongoing:                     ___0____

 

Inmate on Inmate sexual harassment between January 1, 2017 and December 31, 2017

Number Reported:      ___2____

Substantiated:             ___1____

Unsubstantiated:         ___0____

Unfounded:                ___1____

Ongoing:                     ___0____

 

Staff sexual misconduct between January 1, 2017 and December 31, 2017

Number Reported:      ___2____

Substantiated:             ___0____

Unsubstantiated:         ___0____

Unfounded:                ___2____

Ongoing:                     ___0____

 

Staff sexual harassment between January 1, 2017 and December 31, 2017

Number Reported:      ___1____

Substantiated:             ___1____

Unsubstantiated:         ___0____

Unfounded:                ___0____

Ongoing:                     ___0____

 

Staff sexual abuse between January 1, 2017 and December 31, 2017

Number Reported:      ___0____

Substantiated:             ___0____

Unsubstantiated:         ___0____

Unfounded:                ___0____

Ongoing:                     ___0____

 

INCIDENT REVIEWS:

PREA standard 115.86 requires an incident review of each alleged sexual abuse incident, unless the incident was unfounded. The review must consist of the following individuals: line supervision, upper-management, medical/mental health care staff, and an investigator. The team recommends corrective action after reviewing an incident and monitors to ensure compliance with their recommendations.

In assessing and reviewing the 3 substantiated incidents occurring in 2016, the following was determined:

  • Each incident occurred inside the Carter County Detention Center.
  • 1 case involved an inmate on inmate abusive sexual contact, 1 case involved an inmate on inmate sexual harassment, and 1 case involved staff sexual harassment.
  • 1 incident occurred inside a cell, 1 incident occurred in the dayroom/common area of a block, and 1 incident occurred in the kitchen as part of a work detail.
  • The incident review team determined we had sufficient staffing to provide prevention, detection, and response. The incident review team also determined that adequate video monitoring was in place.