PREA

PIEDMONT REGIONAL JAIL

PRISON RAPE ELIMINATION ACT

 

Piedmont Regional Jail has a ZERO TOLERANCE policy for sexual abuse and harassment and makes prevention a top priority.  The Prison Rape Elimination Act of 2003 is a federal law that seeks to eliminate sexual abuse and harassment.  This law applies to all federal and state prisons, jails, police lock-ups, private facilities, and community correctional settings.  The new PREA standards were published May 2012 and Piedmont Regional Jail is currently enhancing its effort toward implementation of the standards.  Piedmont Regional Jails policies prohibit any form of sexual activity, including sexual harassment.  Forced or coerced sexual behavior is a criminal offence and Piedmont will take every action possible to hold perpetrators accountable, including prosecution resulting in additional time in prison.  It is against the law for staff to engage in any type of sexual activity with an inmate.  By law, an incarcerated person is unable to legally consent to sexual activity or any kind with a staff member. This type of activity is referred to as Staff Sexual Misconduct, and is punishable up to and including loss of employment, civil suit, and/or imprisonment.  Any reports of such incidents will be investigated thoroughly and the employee will be held accountable if found guilty.

 

HOW TO REPORT SEXUAL ABUSE AT PIEDMONT REGIONAL JAIL:

 

Inmates who are currently being sexually abused or harassed are encouraged to talk to any staff member or medical staff.  This will allow for the quickest response.  Inmates receive information on how to report sexual abuse and sexual harassment through inmate orientation, inmate handbook, signs posted throughout the Jail, inmate educational video and by asking any staff member.  Inmates, family or friends may report any form of sexual misconduct or sexual harassment in person or through, the PREA hotline, (434) 392-3819 Southside Center for Violence Prevention (1-888-819-2926), PREA Investigator: Lt. R. Eanes at (434) 392-1601 #247.  Inmates may also report any sexual misconduct or sexual harassment by submitting an inmate request form, or an inmate grievance.

 

All reported allegations of sexual abuse, harassment or retaliation concerning an incident of sexual abuse will be thoroughly investigated and shall be subject to administrative and/or criminal prosecution.  Reporting a sexual assault is a serious allegation and will be treated as such.  False reporting will carry serious consequences.

 

In accordance with PREA, all investigations are assigned one of three possible determinations:

 

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

 

In accordance with PREA Standard §115.86, members of the facilities Sexual Assault Response Team (SART) shall conduct sexual abuse incident reviews on all investigated cases at the completion of the investigation to consider whether specific facts arising in the investigation which may necessitate a change in the Jail’s policies and procedures, whether allegations or incident were motivated by some form of bias, was there sufficient staffing present to prevent any abuse, or if there is a need to add any additional monitoring equipment in the area.

 

DEFINITION RELATED TO SEXUAL ABUSE

 

Sexual Abuse Includes:

 

■ Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident: and

■ Sexual abuse of an inmate, detainee, or resident by staff member, contractor or, volunteer:

 

Sexual abuse by 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 refuses:

 

  • Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
  • Contact between the mouth and the penis, vulva, or anus;
  • Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
  • Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or 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:

 

  • Contact between the penis, and the anus, including penetration, however so slight;
  • Contact between the mouth and penis, vulva, or anus;
  • Contact between the mouth and any body part where the staff member, or contractor, or volunteer has the intent to abuse, arouse, or g ratify sexual desire;
  • 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;
  • 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 or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
  • Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in the section;
  • Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breasts in the presence of an inmate, detainee, or resident, and
  • Voyeurism by a staff member, contractor, or volunteer means an invasion of privacy of an inmate, detainee, or resident by a 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 an inmate performing bodily functions.

 

 

 

 

Sexual Harassment includes:

 

  • Repeated and unwelcomed sexual advances, request 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
  • 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.

 

PIEDMONT REGIONAL JAIL IS SCHEDULED FOR THEIR FIRST PREA AUDIT TO BE CONDUCTED ON:

 

OCTOBER 5, 6, 7, 2014

CONDUCTED BY:

MR. JEFFERY NEWTON, CJM

BIG HOUSE CORRECTIONAL SERVICESW, LLC

P.O.BOX 1472

HOPEWELL, VIRGINIA 23860

ANY CONCERNS/COMPLAINTS, OR QUESTIONS MAY BE ADDRESSED TO MR. NEWTON

2014 PREA Audit Report