Alameda County Probation Department, Juvenile Facilities, Policy 1349, Federal Prison Rape Elimination Act of 2003
I. Principle
The Alameda County Probation Department (ACPD) is committed to creating and maintaining a safe and humane environment free from any act of sexual abuse and sexual harassment involving youth-on-youth or adult-on-youth. To create and sustain such an environment, the ACPD maintains a zero-tolerance policy in accordance with the Federal Prison Rape Elimination Act of 2003 (PREA).
II. Policy
This policy establishes the ACPD’s guidelines for compliance with PREA. The ACPD has a zero tolerance for any form of sexual misconduct (including sexual abuse, sexual harassment, sexual assault, or voyeurism) perpetrated against the youth in its care and custody. The ACPD is committed to preventing, detecting, and responding to any and all forms of sexual misconduct.
This policy applies to all staff, sworn and non-sworn, volunteers, visitors, interns, contractors and service providers conducting business at the juvenile facilities as well as all youth entering or housed at the juvenile facilities. All persons conducting business at the juvenile facilities will undergo a thorough background investigation to verify their fitness for working with youth in a custodial setting and to screen out persons who have engaged in sexual misconduct.
All persons who conduct work or are assigned at the juvenile facilities will be provided with information and/or training regarding the prevention, detection and appropriate response to sexual misconduct. Additionally, ACPD policies, procedures and practices related to PREA standards will be reviewed regularly to support best practices in preventing sexual misconduct and to maintain a high standard of safety for the youth housed at the juvenile facilities.
All allegations of sexual misconduct must be thoroughly documented, investigated and analyzed to ensure the appropriate response to the allegation and assist in preventing future incidents. Further, regular PREA audits will be conducted to support the goal of preventing future incidents of sexual misconduct.
If any form of sexual misconduct is substantiated, persons will be disciplined accordingly, up to and including termination of employment or contract and may have their permission to enter the juvenile facilities revoked. Furthermore, allegations involving criminal conduct will be investigated by the Alameda County Sheriff’s Office (ACSO) and may result in a referral to the Alameda County District Attorney or other law enforcement agency.
Youth who are victims of sexual misconduct must be provided with medical and mental health services, if appropriate, as soon as possible and must be granted access to legal counsel, parents/guardians and advocate support.
III. General Definitions
Contractor: A person who provides services pursuant to a contractual agreement with ACPD.
Exigent Circumstances: Any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of the facility.
Juvenile Facility: Sometimes referred to as “Juvenile Facilities” or “facility” is a place, institution, building (or part thereof), set of buildings, structure or area that is used by the ACPD for the confinement of juveniles, such as juvenile hall and camp.
Gender Identity: A person’s internal, deeply felt sense of being male, female, or non-binary, regardless of the person’s assigned sex at birth.
Gender Nonconforming: A person whose appearance or manner does not conform to traditional societal gender expectations.
Intersex: A person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit the typical definitions of male or female. Intersex medical conditions are sometimes referred to as Disorders of Sex Development (DSD).
Lesbian, Gay, Bisexual, Transgender, Questioning and Intersex (LGBTQI): Youth who have identified themselves as lesbian, gay, bisexual, transgender, queer, questioning or intersex.
Medical Practitioner: A health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice.
Mental Health Practitioner: A mental health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice.
Non-binary: An umbrella term for people with gender identities that fall somewhere outside of the traditional conceptions of strictly either female or male. People with non-binary gender identities may or may not identify as transgender, may or may not have been born with intersex traits, may or may not use gender-neutral pronouns, and may or may not use more specific terms to describe their genders, such as: agender, genderqueer, gender fluid, Two Spirit, bigender, pangender, gender nonconforming, non-cisgender, or gender variant.
Pat-down Search: A running of the hands over the clothed body of a youth by sworn staff to determine whether the individual possesses contraband.
Physical Body Cavity Search: Defined in accordance with section 4030 of the California Penal Code, and as stipulated under the ACPD Juvenile Facilities – Juvenile Hall Manual, Section 1360, Searches. It is the physical intrusion into a body cavity for the purpose of discovering any concealed object and can only be performed by medical personnel, after obtaining a search warrant.
PREA Compliance Manager: A facility designee with sufficient time and authority to coordinate the facility’s compliance with PREA juvenile standards and reports directly to the PREA Program Coordinator.
PREA Program Coordinator: A senior level position whose responsibilities include developing, implementing, and overseeing the ACPD’s plan to comply with PREA juvenile standards in all facilities.
PREA Standards: Refers to guidelines established by the United States Department of Justice to ensure compliance with the prevention, detection, response, monitoring, and eradication of sexual abuse and sexual harassment in a detention facility.
Qualified Medical/Mental Health Practitioner: A medical or mental health practitioner who has successfully completed specialized training for treating sexual abuse victims.
Probability for Sexual Aggression (PSA)/Susceptibility to Sexual Victimization (SSV): An objective screening tool that aims to identify individuals during the intake process who are at risk of sexual victimization or abusiveness.
Secure Juvenile Facility: A location in which the movement and activities of individual residents may be restricted or subject to control using physical barriers or intensive staff supervision.
Sexual Abuse: Sexual contact of any kind with a youth, whether coerced or not. This includes but is not limited to, touching a youth’s intimate parts (i.e. sexual organs, anus, groin, buttocks, inner thigh, and breasts), voyeurism, exposing of sexual organs or other intimate parts to a youth or attempting, threatening, or requesting a youth to expose their sexual organs or other intimate parts in a manner not allowed by law.
Sexual Assault/Battery: The unwanted and unlawful touching of a youth’s intimate parts (i.e., sexual organs, anus, groin, buttocks, and breasts).
Sexual Harassment: Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of derogatory or offensive sexual nature, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.
Sexual Misconduct: An umbrella term for inappropriate and prohibited acts and conduct including, sexual abuse, sexual harassment, sexual assault and voyeurism.
Sworn Staff: All persons employed by the ACPD that have peace officer powers pursuant to Penal Code § 830.5, including but not limited to Juvenile Institutional Officers and Institutional Supervisors.
Voyeurism: The unlawful invasion of privacy of a youth by another individual during private activities such as using the toilet or undressing, or by staff for reasons unrelated to official duties, such as peering at a youth who is using a toilet in their room to perform bodily functions; requiring the youth to expose their buttocks, genitals, or breasts; or taking images of all or part of a youth's naked body or of a youth performing bodily functions. Exceptions would include exigent circumstances or when such viewing is incidental to routine room safety checks.
Youth: Any person confined or detained in a juvenile facility or in a community confinement facility.
IV. Staff Responsibilities
A. PREA Program Coordinator
1. The ACPD’s PREA Program Coordinator is designated by the Chief Probation Officer (CPO).
2. The PREA Program Coordinator is responsible for oversight of all PREA-related activities and will have sufficient time and authority to develop, implement, and oversee the ACPD efforts to comply with PREA standards in all Juvenile Facilities, including:
a. Developing and implementing PREA policy and procedures;
b. Developing and coordinating training and education for staff (sworn and non-sworn), volunteers, interns, contractors, and youth;
c. Monitoring, tracking, and oversight of sexual misconduct incidents;
d. Taking a lead role in implementing the PREA Coordinated Response Plans;
e. Reviewing all fact-finding inquiry reports completed by the PREA Compliance Manager on allegations of sexual misconduct involving a youth;
f. Submitting PREA fact-finding reports with recommendations to the CPO, via the chain of command (Assistant Chief of Juvenile Services, Deputy Chief of Facilities, and Superintendent);
g. Convening a sexual abuse incident review team to review each incident or allegation and its investigation;
h. Evaluating and reporting data associated with the ACPD’s PREA activities to administration and stakeholders;
i. For at least 90 days following a report of sexual misconduct, monitoring the conduct and treatment of youth and/or staff who reported the sexual misconduct to prevent retaliation;
j. Tracking compliance with PREA standards, including coordinating real and mock audits and working with the PREA Compliance Manager and Facility management to address identified deficiencies;
k. Informing the CPO via the chain of command (Assistant Chief of Juvenile Services, Deputy Chief of Facilities, and Superintendent) of any known deficiencies in training, policy compliance, staffing, data recording, video monitoring, and audits related to PREA standards;
l. Preparing an annual report for the CPO of findings and corrective actions (if any) taken at each facility;
m. Completing the duties of the PREA Compliance Manager when said person is out of the office;
n. Utilizing an ACPD-approved electronic database to enter, track, record, review, and monitor all PREA related information and data. This includes, but is not limited to, recording and tracking PREA related incidents; screening, monitoring, and reporting all PREA related incidents; entering compliance review and audit information; and collecting, entering and referencing any other PREA related nformation as determined by the CPO; and
o. Completing any other duties as required to maintain compliance with the United States Department of Justice, PREA Juvenile Facility Standards.
B. PREA Compliance Manager
1. The PREA Compliance Manager reports directly to the PREA Program Coordinator.
2. The PREA Compliance Manager provides logistical support to the PREA Program Coordinator and is responsible for day-to-day compliance with PREA Standards in all Juvenile Facilities. The PREA Compliance Manager must have sufficient time and authority to carry out these responsibilities, which include:
a. Ensuring all youth are provided education regarding ACPD’s zero tolerance policy regarding sexual abuse and sexual harassment, including how to report incidents or suspicions of sexual abuse or sexual harassment, during the intake process;
b. Ensuring all youth, within ten (10) days of intake, are provide with comprehensive age-appropriate education either in person or through video regarding their rights to be free from sexual abuse and sexual harassment, to be free from retaliation for reporting such incidents, and regarding ACPD’s policies and procedures for responding to such incidents;
c. Ensuring all youth are initially assessed within 72 hours of arrival, and reassessed for sexual predatory or victimization tendencies periodically or as needed when new information regarding risk is obtained;
d. Ensuring all staff (sworn and non-sworn), volunteers, interns and contractors have participated in the appropriate PREA training, including update training;
e. Ensuring updates, changes to law and important information related to PREA are disseminated in a timely manner to all staff (sworn and non-sworn) volunteers, interns, contractors, and impacted youth;
f. Ensuring that the facility has a program for the evaluation, treatment, and counseling of victims and alleged abusers;
g. Assisting in the identification and utilization of community resources available for the provision or development of counseling and treatment services for victims and offenders;
h. Verifying on an ongoing basis that ACSO investigators (contracted to conduct investigations of sexual assault/abuse) are certified to investigate cases of sexual abuse and assault in a confinement setting;
i. Verifying on an ongoing basis that all medical and mental health staff who work in either juvenile facility are trained in specialized medical and mental health training related to PREA, including how to detect and assess signs of sexual abuse and preserve physical evidence of sexual abuse;
j. Reviewing and tracking all Incident Reports generated by the ACPD involving sexual misconduct, and immediately reporting said incidents to the PREA Program Coordinator;
k. Responding to and/or reviewing all reported or discovered incidents of sexual misconduct (e.g., grievances, sick calls slips, and verbal reports) and conducting fact-finding inquiries on all allegations of sexual misconduct involving a youth;
l. In the absence of the PREA Program Coordinator, taking a lead role in implementing the PREA Coordinated Response Plans;
m. Generating a PREA Incident Report number for each incident of sexual misconduct and tracking the incidents in an electronic database;
n. Completing and submitting a detailed report (memorandum) to the PREA Program Coordinator on all fact-finding inquires. The report must contain sufficient detail and information to assist the CPO in determining if a request should be made to either the ACSO or ACPD Professional Standards Unit (PSU) to initiate a PREA investigation;
o. Informing the PREA Program Coordinator of any known deficiencies in training, policy compliance, staffing, data recording, video monitoring, and audits that require action to better prevent, detect, and/or respond to incidents or allegations of sexual misconduct;
p. Ensuring all PREA data are collected, recorded, and submitted to the PREA Program Coordinator for both the CPO’s Annual Report and United States Department of Justice requirements;
q. Conducting internal mock PREA audits in preparation of an external independent audit;
r. Working with an independent auditing entity and providing any information required;
s. Developing and utilizing a corrective action plan to correct all standards found not to be met during an audit;
t. Utilizing the ACPD-approved electronic database to enter, track, record, review, and monitor all PREA related information and data. This includes, but is not limited to, recording and tracking PREA related incidents, screening, monitoring, and reporting all PREA related incidents, entering compliance review and audit information, and collecting, entering and referencing any other PREA related information as determined by the CPO; and
u. Completing any other duty as required to maintain compliance with the United States Department of Justice, PREA Juvenile Facility Standards.
C. Facilities Administration
1. Assistant Chief of Juvenile: is responsible for overall PREA compliance within the Juvenile Facilities (Juvenile Hall and Camp Sweeney) and informing the CPO of allegations of sexual misconduct at the facilities.
2. Deputy Chief of Juvenile Facilities: is responsible for ensuring this section of the Juvenile Facilities Manual is reviewed and updated annually, annual PREA audits are completed, and any subsequent corrective action plans required to maintain United States Department of Justice Juvenile Facility Standards are completed in a timely manner. The Deputy Chief of Juvenile Facilities is also responsible for informing the Assistant Chief of Juvenile of any allegations of sexual misconduct.
3. Superintendent of Juvenile Hall: is responsible for contacting the ACSO to initiate a criminal investigation in response to an allegation of sexual misconduct that is clearly criminal in nature or potentially criminal in nature (after consulting with the CPO via the chain of command) and that occurred at the Juvenile Hall. The Superintendent of Juvenile Hall is responsible for notifying the Presiding Judge of Juvenile Court of any incident of sexual misconduct that occurred at the Juvenile Hall after consulting with the chain of command. The Superintendent of Juvenile Hall must coordinate with and assist the PREA Compliance Manager and PREA Program Coordinator in fulfilling their duties related to preventing cases of sexual misconduct at the Juvenile Hall.
4. Superintendent of Camp Sweeney: is responsible for contacting the ACSO to initiate a criminal investigation in response to an allegation of sexual misconduct that is clearly criminal in nature or potentially criminal in nature (after consulting with the CPO via the chain of command) and that occurred at Camp Sweeney. The Superintendent of Camp Sweeney is responsible for notifying the Presiding Judge of Juvenile Court of any incident of sexual misconduct that occurred at Camp Sweeney after consulting with the chain of command. The Superintendent of Camp Sweeney must coordinate with and assist the PREA Compliance Manager and PREA Program Coordinator in fulfilling their duties related to preventing cases of sexual misconduct at Camp Sweeney.
5. Institutional Supervisor II (IS II): is responsible for notifying the CPO via the chain of command as well as the PREA Compliance Manager and PREA Program Coordinator of any allegation or incident of sexual misconduct as well as forwarding documentation of the incident to said parties.
If the incident or allegation occurs at a time when the PREA Compliance Manager or PREA Program Coordinator, Superintendents are unavailable, the IS II must:
a. Conduct a fact-finding inquiry; and
b. Contact the ACSO and request a criminal investigation be initiated when an allegation of sexual misconduct is clearly criminal in nature or potentially criminal in nature (after consulting with the CPO via the chain of command).
D. Intake Staff
Intake staff will be responsible for administering the ACPD Screening for Vulnerability of Victimization and Sexual Aggressive Behavior (VSAB) in accordance to PREA standard 115.341.
E. All Staff
1. For the purposes of this section, staff includes all persons employed by or contracted by the ACPD who work in the juvenile facilities and may have contact with youth.
2. All staff are expected to intervene when they suspect and/or detect any form of sexual misconduct against youth in the ACPD’s care. The level of intervention will be commensurate to the staff’s authority and job title.
3. All staff are required to report suspected allegations of or observed incidences of sexual misconduct to their immediate supervisor and the PREA Compliance Manager. Note: knowledge of an allegation of sexual misconduct is a Critical Incident and should be reported pursuant to Administrative Manual policy, Section 133, Critical Incident Reporting Process, and Juvenile Hall Manual policy, Section 1362, Incident Packets.
4. Staff must follow the PREA Coordinated Response Plan based on their authority and job title.
5. All staff must attend all required PREA training.
V. Procedures
A. Selection, Background Screening and Promotion of Staff
1. The ACPD must not hire, promote or enlist the services of any staff (sworn and non-sworn), intern, contractor, or volunteer who may have contact with youth and who:
a. Has engaged in sexual abuse in a prison, jail, lockup, community confinement, juvenile facility, or other institution;
b. Has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, coercion, or if the victim did not consent, was unable to consent or refuse; or
c. Has been civilly or administratively adjudicated to have engaged in the activity described above.
2. Before hiring new employees who will have contact with youth, the ACPD must:
a. Perform a criminal background records check;
b. Consult any child abuse registry maintained by the State or locality in which the employee would work; and
c. Make a best effort 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.
3. The ACPD must conduct a subsequent criminal background check every five (5) years or have a system to otherwise monitor and capture any subsequent employee arrests.
To fulfill this requirement, the ACPD currently maintains a service agreement with the California Department of Justice (CA DOJ) to receive state summary criminal history information from the files of the CA DOJ for employment, licensing, or certification purposes. In addition, and pursuant to California Penal Code § 11105, the CA DOJ provides subsequent arrest notifications pertaining to current staff to assist the ACPD in fulfilling employment, licensing, or certification monitoring and compliance responsibilities. In addition, federal background clearances will be run periodically to ensure compliance with PREA standards.
4. The ACPD must ask all applicants, who may have direct contact with youth, about previous misconduct as described in paragraph (1 a-c) of this section. This information must be ascertained early in the hiring process through written applications and/or interviews. Current staff are subject to the same reporting requirements when applying for promotions, new positions or as part of a written self-evaluation for any position where the staff may have direct contact with youth.
5. The ACPD must perform a criminal background records check and consult applicable child abuse registries before enlisting the services of any contractor, intern or volunteer who may have contact with youth. All contractors, interns and volunteers are required to renew their application every three (3) years, which must include an updated background check.
6. All ACPD staff (sworn and non-sworn), interns, contractors, and volunteers have a continuing affirmative requirement to disclose any sexual misconduct.
7. Material omissions regarding such misconduct or the provision of materially false information, will be grounds for disciplinary action up to and including termination of employment.
8. The ACPD must provide information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an institutional employer for whom such employee has applied to work.
B. Training and Education
1. Staff, Volunteers, Interns and Contractors Training Standards
a. All staff (sworn and non-sworn) who may have contact with youth in custody must be trained on the following topics:
(1) The ACPD’s zero tolerance policy regarding sexual misconduct.
(2) How to fulfill their responsibilities under ACPD’s sexual abuse and sexual harassment prevention, detection, reporting and response policies and procedures.
(3) The right of youth to be free from sexual assault, sexual abuse and sexual harassment.
(4) The right of youth, staff, contractors, volunteers, and interns to be free from retaliation for good faith reporting of suspected or observed instances of sexual misconduct.
(5) The dynamics of sexual assault, abuse and harassment in confinement.
(6) The common reactions of victims of sexual assault, abuse and harassment.
(7) How to detect and respond to signs of threatened and actual sexual assault, abuse, or harassment and how to distinguish between consensual sexual contact and sexual abuse between youth.
(8) How to avoid inappropriate relationships with youth.
(9) How to communicate effectively and professionally with youth including LGBTQI and gender non-conforming youth.
(10)How to comply with mandatory reporting requirements.
(11)Relevant laws regarding applicable age of consent.
b. Volunteers, Interns and Contractors:
Volunteers, interns and contractors who may have contact with youth must be trained on their responsibilities regarding the County and ACPD’s policies and procedures related to PREA, sexual abuse and harassment prevention and reporting requirements. The level and type of training provided will be based on the services and level of contact the volunteer, contractor or intern has with youth, but all volunteers and contractors who have contact with youth shall be notified of the agency’s zero tolerance policy regarding sexual abuse and sexual harassment and informed how to report such incidents.
2. Training Frequency and Record Keeping
a. Initial: Sworn staff must complete eight (8) hour initial PREA training within the first twelve (12) months of employment and prior to the staff member having unsupervised contact with youth. Training for newly hired or transferring non-sworn staff will be provided by the PREA Compliance Manager and completed during new employee orientation. PREA training for non-sworn staff must be based on the employee’s classification and level of contact with youth. Training compliance must be managed by the PREA Compliance Manager and completed training must be recorded on the staff’s training transcript.
b. Refresher: Sworn staff must complete refresher training every two (2) years after the initial training. Non-sworn staff must receive refresher training every three (3) years. Refresher training must review the topics noted above (a 1-11). Refresher training compliance must be managed by the PREA Compliance Manager and completed training must be recorded on the staff’s training transcript.
c. Updates: In the off-year between refresher trainings, the ACPD must make available to staff pertinent updates regarding PREA standards and ACPD procedures on the topics noted above (a 1-11). These updates may be completed through written outlines/memorandums, video presentations, unit staff meetings or various other informative methods, and must be documented by the individual’s supervisor. The PREA Compliance Manager is responsible for organizing the content of updates and verifying this information is disseminated by facility management.
d. Volunteers, Interns and contractors will fulfill required PREA training at an initial orientation prior to services being rendered and every three (3) years thereafter. Said training will be provided by the PREA Compliance Manager or their designee. The PREA Compliance Manager must maintain a record of such training and is responsible for verifying interns, contractors and volunteers are up to date on required PREA training.
e. The ACPD Staff Development and Training Unit is responsible for scheduling the initial eight (8) hour PREA course for sworn staff each training year, as required. Refresher training for sworn staff is provided online and organized and monitored by the PREA Compliance Manager. Completion of the initial and refresher PREA training courses must be documented on the staff’s training transcript as well as maintained with the PREA Compliance Manager. The PREA Compliance Manager is responsible for routing proof of refresher training to the Staff Development and Training Unit. Documentation for all non-sworn staff, volunteers, interns and contractors must be maintained with the PREA Compliance Manager.
3. Specialized Training -- Investigations
The ACPD does not conduct criminal investigations. See Section D6 (Reporting and Responding to Suspected or Observed Incidents of Sexual Misconduct – Investigative Referrals) of this policy for more information about Investigative Referrals. Incidents of suspected or observed sexual misconduct of a clearly criminal nature (assault, abuse, sexual violence, etc.) involving staff members or youth-on-youth will be referred for criminal investigation to the ACSO. The ACSO has the legal authority to conduct criminal investigations within all ACPD offices and facilities. The PREA Compliance Manager must confirm on an ongoing basis and document the confirmation at least annually, or when a change of circumstances occurs (e.g., new staff), that assigned ACSO investigators are fully trained and qualified to conduct investigations of sexual violence, including sexual battery, sexual assault and sexual abuse investigations. This same requirement applies to confirming designated ACSO investigators have completed confinement setting sexual abuse investigation training.
4. Specialized Training -- Medical and Mental Health
a. The Medical Director and Director of Mental Health Services must ensure that all medical and mental health staff who work in any Juvenile Facility are trained in:
(1) How to detect and assess signs of sexual abuse and sexual harassment;
(2) How to preserve physical evidence of sexual abuse and assault;
(3) How to respond effectively and professionally to juvenile victims of sexual abuse and sexual harassment; and
(4) How and to whom to report allegations or suspicions of sexual abuse and sexual harassment.
b. Refresher and update training must be conducted by both the medical and mental health agencies at intervals consistent with the community standards of care.
c. The Medical Director and the Director of Mental Health Services must maintain and provide to the ACPD, upon request, documentation that medical and mental health staff received the above training. At minimum, said list shall be provided to the PREA Compliance Manager annually.
5. Training for Volunteers, Interns and Contractors
a. Volunteers, Interns and Contractors will receive training based on the frequency and proximity of their access to youth in either the Juvenile Hall or Camp. Training is conducted in an orientation format with a briefing that informs the individual of at least the following information (note: persons with more frequent contact with youth may receive full sworn staff PREA training):
(1) The ACPD’s zero tolerance policy regarding sexual abuse and sexual harassment;
(2) The rights of youth to be free from sexual assault, sexual abuse, and sexual harassment;
(3) The rights of youth, staff, contractors, volunteers and interns to be free from retaliation for good faith reporting of suspected or observed instances of sexual misconduct;
(4) How to comply with mandatory reporting requirements; and
(5) How to avoid inappropriate relationships with youth.
b. Contractors, interns and volunteers must sign the PREA Training for Volunteers, Contractors, and Non-Sworn Staff form (ACPD Form 144) indicating that they understand the items noted above.
C. Screening, Monitoring and Prevention
1. Intake Screening
All youth housed at the Juvenile Facilities (Juvenile Hall and Camp Sweeney) must be screened at intake using the VSAB, an objective screening instrument. The VSAB is designed to assess youth for any predatory or victimization tendencies and to provide some basic information on their PREA rights. This information is used to help reduce the risk of sexual abuse by or upon a youth. In accordance with California Code of Regulations, Title 15, § 1352, and 28 CFR § 115.342, staff must not consider LGBTQI identification or status as an indicator of likelihood of being sexually abusive.
a. The VSAB assessment must be done within 72 hours of the youth’s arrival at the juvenile facilities.
In accordance with 28 CFR § 115.341, Information for the VSAB must be obtained by evaluating the youth’s personal history and behavior. This information will be ascertained through conversations with the youth during the intake process, through medical and mental health screenings; during classification assessments; and by reviewing court records, case files, facility behavioral records, and other relevant documentation from the youth’s file.
b. The information reviewed and obtained regarding the VSAB assessment is confidential and must be safe-guarded to prevent the exploitation of the youth’s answers to the assessment. All information regarding the VSAB assessment must only be shared with persons with a need and a right-to-know said information.
c. Youth must be reassessed periodically throughout their confinement utilizing the VSAB. In addition to periodic reassessments, youth should be reassessed when warranted due to a referral, request, incident of sexual misconduct or receipt of additional information that bears on the youth’s risk of sexual victimization or abusiveness. The PREA Compliance Manager is responsible for ensuring youth are properly reassessed.
2. Youth Accessibility and Education
a. During the intake process, youth must receive verbal and written information explaining, in an age appropriate manner, the ACPD’s zero tolerance policy regarding sexual misconduct and how to report incidents or suspicions of sexual misconduct. Additionally, information regarding PREA, ACPD’s zero tolerance policy regarding sexual misconduct, and reporting resources must be readily available to youth and displayed throughout the facility (e.g., posters, handbooks or other written material).
b. Youth with disabilities or who have limited English proficiency must have an equal opportunity to participate in or benefit from all aspects of the ACPD’s efforts to prevent, detect and respond to sexual abuse and sexual harassment. Such steps must include access to certified interpreters who can interpret effectively, accurately and impartially. Note: youth may never be used as interpreters or readers.
Written materials and informational posters will be provided in formats or through methods that allow effective communication with youth who have disabilities, including youth who have intellectual or psychiatric disabilities, limited reading skills, who are blind or have low vision.
c. Within ten (10) days of intake, the PREA Compliance Manager must provide education to youth regarding their right to be free from sexual abuse, sexual harassment and retaliation for reporting such incidents. The youth must also be informed of the ACPD’s policies and procedures for reporting such incidents. Youth will acknowledge that they received such education, had the opportunity to ask questions, and understood the education received by signing the PREA Acknowledgment Form (ACPD Form 143a). Copies of this acknowledgement will be provided to the youth and placed in their folder. The original will be filed in the PREA Compliance Office.
3. Staffing
a. Each facility will ensure adequate staffing levels, and document staffing rosters in a staffing plan, to protect youth from sexual abuse. Facility administrators must assess whether adjustments are needed for staffing levels, video monitoring, and/or the commitment of resources on an ongoing basis, but at least once per year. Facility administrators will consider the following, as well as any other relevant factors, in establishing staffing levels:
(1) Physical plant characteristics, such as blind spots and isolated areas or areas not frequently monitored.
(2) Composition of youth population, including gender, criminogenic risk and needs factors, age, prior history of delinquency, history of abuse or abusive behavior.
(3) Facility programs and activities anticipated during a particular shift.
b. Each unit and dorm must maintain the following staffing levels:
(1) A staff-to-youth ratio of 1:8 during waking hours.
(2) A staff-to-youth ratio of 1:16 during sleeping hours.
(3) Exigent circumstances that preclude this ratio are allowed, with proper documentation. Such occurrence must be documented in the shift report and immediately reported to the PREA Compliance Manager, PREA Program Coordinator, Superintendent, Deputy Chief of Facilities, Assistant Chief of Juvenile, and CPO.
4. Staff of Opposite Gender
a. All staff of the opposite gender must announce their presence when entering a living unit or dorm. For the purposes of this announcement, staff includes, but is not limited to sworn, non-sworn, interns, contractors, and volunteers. Staff must loudly and clearly state “male” or “female” upon entering the unit/dorm.
b. Except in exigent circumstances or incidental to a routine safety check, youth will shower, perform bodily functions, and change clothing without non-medical staff of the opposite gender viewing their breasts, buttocks or genitalia.
5. Unannounced Rounds
a. All Duty IS IIs will conduct a minimum of one (1) unannounced round of all living units and dorms during every shift to identify and deter any sexual misconduct. Unannounced rounds must be documented in the unit or dorm log book, as well as the IS II log book.
b. At no time will staff be alerted to such unannounced rounds unless such announcement is related to a legitimate operational function within the facilities.
c. For the purposes of this section, unannounced means unscheduled and unknown to staff and/or youth. The requirement for announcing the presence of an opposite gender staff member when entering living units still applies to IS IIs conducting unannounced visits.
6. Searches
Staff must conduct cross-gender pat-down searches and searches of transgender and intersex youth in a professional and respectful manner and in the least intrusive manner possible, consistent with institutional and facility needs.
a. Search or examination of transgender or intersex youth solely for the purpose of determining the youth’s genital status is prohibited under any circumstances. If a youth’s genital status is unknown, such information may be determined by conversations with the youth, reviewing medical records or, if necessary, learning that information as part of a broader medical examination conducted in private by a medical practitioner.
b. Except in exigent circumstances or when conducted by a medical practitioner, the following types of searches are prohibited:
(1) Cross-gender skin/strip searches
(2) Cross-gender visual body cavity searches
Additionally, cross-gender pat-down searches are prohibited except in exigent circumstances.
Exigent circumstances must be documented and approved by the IS II as soon as possible and documented in the shift report.
c. Staff will receive training on appropriate techniques for cross-gender pat-down searches in the event of exigent circumstances.
D. Reporting and Responding to Suspected or Observed Incidents of Sexual Misconduct
1. Youth Reporting
a. Youth may report sexual misconduct, or retaliation by staff or other youth through any or all of the following avenues:
• Reporting to staff (including request to speak with a supervisor)
• ACPD Grievance Procedures. (refer to Juvenile Facilities Manual Section 1361, Grievance Procedure and Rights of Youth in Juvenile Hall)
• Mental Health Referrals
• Medical Referrals
• Parent/Guardian contact
• Chaplain Member
• PREA Hotline identified on the PREA poster near each payphone
• PREA Program Coordinator or PREA Compliance Manager
• Bay Area Women Against Rape (BAWAR) Hotline identified on the PREA poster near each payphone
b. Youth must have access to outside support services and legal representation:
(1) Youth reporting sexual misconduct must have access to outside victim advocates for emotional support services related to sexual abuse. Communication between youth and any outside victim advocates must be confidential to the greatest extent possible.
(2) The mailing addresses and toll-free hotline numbers, of victim advocacy or rape crisis organizations, must be clearly posted within all facilities’ living areas were youth frequent.
(3) Youth must have reasonable and confidential access to their attorneys or other legal representation, and to parents or legal guardians.
2. Third-Party Reporting
Each facility must post instructions on how to report sexual abuse and sexual harassment in an area to which the public has access and on the ACPD’s external web page in order for third-parties to report sexual misconduct or retaliation on behalf of an in-custody youth. At minimum, this information must be available on posters in the visiting area.
3. Private Staff Reporting
Staff, volunteers, interns and contractors may privately (but not confidentially) report sexual abuse and sexual harassment by contacting the PREA Compliance Office number at (510) 618-3459. Staff may also utilize the ACPD’s Citizen Complaint hotline at (510) 667-3121. Staff may report outside of the chain of command, including directly to the CPO if necessary. It should be noted, privately reporting incidents of sexual abuse and harassment to the PREA Compliance Office does not relieve mandated reporters from their legal duty to report child abuse.
4. Mandated Reporters
All ACPD staff are mandated reporters and are required to report incidents of sexual misconduct involving youth. Staff must accept reports made verbally, in writing, anonymously, and from a third-party. All reports received by staff must be acted on immediately and documented, which at minimum requires reporting the information to a supervisor. Further, all ACPD staff are mandated by Penal Code § 11165.7(a)(15), (19) and (34) to report cases of suspected child abuse to Children and Family Services (see Administrative Manual, Chapter 1, Section 113, Reporting of Suspected Child Abuse or Neglect, for additional information).
5. Staff Knowledge or Reasonable Suspicion
At any time ACPD staff have knowledge of or reason to suspect that: (1) sexual misconduct involving a youth is occurring or has occurred; (2) any youth or staff is experiencing retaliation for reporting an incident of sexual misconduct and/or staff neglect; or (3) a violation of staff responsibilities may have contributed to an incident of sexual misconduct or retaliation, the staff member must immediately report the incident to a supervisor. Sworn staff have additional responsibilities and must immediately intervene in order to prevent victimization from occurring or continuing to occur. Such responsibilities include:
a. Separate the involved parties and, if necessary, move youth to a safe place. Note: any movement and separation of youth must be in adherence with Title 15 standards and other relevant ACPD policies related to room confinement and separation of youth.
b. Immediately notify a supervisor. As time permits, and as soon as possible, notify the PREA Compliance Manager and PREA Compliance Coordinator.
c. Coordinate immediate medical and mental health services.
d. Secure the scene to preserve evidence by following the ACPD’s Coordinated Response Plan for Sexual Abuse protocols for investigation of sexual assaults.
e. Document the incident in an Incident Report (ACPD Form 87) and other documentation as required.
f. In cases where a youth reports an allegation of sexual misconduct at another facility, the allegation must be reported to the respective Superintendent via the chain of command and also to the PREA Compliance Manager and PREA Program Coordinator. The respective Superintendent is responsible for contacting the head of the other facility within 72 hours, relaying the facts of the allegation, and documenting that notice was provided. Youth who reported sexual misconduct at another facility must still be afforded all of the rights and services mandated within this policy.
g. If the suspected or alleged abuse occurred within a time period that still allows for the collection of physical evidence, the staff should advise the victim and the alleged abuser not to take actions that could destroy evidence (including washing, brushing teeth, changing clothes, urinating, defecating, smoking, eating, drinking, etc.) prior to the forensic examination.
6. Investigative Referrals
a. PREA Compliance Manager: All incidents or allegations of sexual misconduct (including, abuse, assault, voyeurism and harassment) must be reported to the PREA Compliance Manager as soon as possible. The PREA Compliance Manager, or their designee (during times the PREA Compliance Manager is not on duty), is responsible for conducting an initial fact-finding inquiry. The purpose of the fact-finding inquiry is to make an initial determination as to which agency is most appropriate to investigate the allegation and to provide a briefing to administration, including the CPO. Note: all allegations must be investigated either by the ACSO or PSU. The fact-finding inquiry is not an investigation but rather a determination as to which agency is best suited to investigate the allegation. The fact-finding inquiry is limited to the following information:
(1) Who was involved
(2) When (time and date) did the incident occur
(3) Where did the incident occur
(4) What is the nature of the incident/allegation
(5) Is there supporting evidence (surveillance footage, witness statements, physical evidence)
(6) Is the incident/allegation supported by the facts of the inquiry (i.e. alleged parties were present and at the specified location)
(7) Did the incident/allegation involve potentially criminal conduct
(8) Complete and submit a detailed report (memorandum) on the result of the fact-finding inquiry to the CPO via the chain of command. The report must contain sufficient detail and information to assist the CPO in determining if a request should be made to the (ACSO) to initiate a PREA investigation
(9) Other relevant information as required
b. ACSO: A criminal investigation must be completed on all incidents or allegations that may potentially constitute sexual abuse, assault or criminal misconduct. All such incidents and allegations must be reported to the ACSO which is the qualified and contracted agency responsible for conducting criminal investigations related to sexual misconduct, abuse and assault.
After consulting with the PREA Compliance Manager, PREA Program Coordinator and the CPO via the chain of command, the respective Superintendent or their designee, must contact the ACSO to initiate a criminal investigation if the incident or allegation is determined to be potentially criminal in nature. Allegations or incidents of a clearly criminal nature, such as sexual assault or abuse, must be immediately reported to the ACSO and then to the CPO.
c. Professional Standards Unit (PSU): After the PREA Compliance Manager conducts and documented via a written memorandum an initial fact-finding inquiry, the following types of incidents/allegations must be referred to the PSU:
(1) Allegations of sexual harassment involving youth-on-youth behavior that clearly does not involve potentially criminal behavior based on the initial fact-finding inquiry; and
(2) Allegations of sexual harassment or misconduct involving a staff member, in which the initial PREA fact-finding inquiry does not indicate clearly criminal behavior.
d. All investigations, regardless of which agency is conducting the investigation, must adhere to the following criteria:
(1) The investigation must be thorough and objective for all allegations, including third-party and anonymous reports;
(2) The investigation must not be terminated solely because the source of the allegation recants their statement;
(3) Investigations involving staff, contractors, interns or volunteers must not be terminated solely because the subject of the investigation has terminated employment or association with the ACPD;
(4) The credibility of an alleged victim, suspect, or witness must be assessed on an individual basis and must not be determined by the person’s status as youth or staff;
(5) A youth who alleges sexual abuse must not be required to submit to a polygraph examination or other truth-telling devices as a condition for proceeding with the investigation of such an allegation; and
(6) A report of sexual misconduct, abuse or assault made in good faith based upon a reasonable belief that the alleged conduct occurred does not constitute falsely reporting an incident or lying, even if a subsequent investigation does not establish evidence sufficient to substantiate the allegation(s).
7. Response and Victim Support Services
When an incident or allegation of sexual misconduct has occurred the Coordinated Response Plan must be initiated. In addition, the IS II is responsible for the following duties:
a. Coordinating with ACSO investigators to initiate a forensic examination of the involved parties by a Sexual Assault Forensic Examiner (SAFE) or Sexual Assault Nurse Examiner (SANE) who is a qualified medical practitioner.
b. If a victim advocate is requested, providing the victim with contact information and access to BAWAR, a rape crisis center or other private confidential crisis assistance program. Such accommodations should be conducted in a confidential manner.
c. When medically appropriate, or necessary to preserve evidence, any youth who experiences sexual abuse must be offered access to a forensic medical examination, performed by a qualified medical practitioner (SAFE or SANE), without financial cost to the alleged victim.
The forensic medical examination will be conducted in an appropriate facility that is separate from the custodial facility, and will be coordinated by medical staff as well as the ACPD and the ACSO.
d. The victim will be provided with access to a victim advocate from the BAWAR, community-based victim advocacy service. If an advocate from BAWAR or other community-based victim advocate services are not available, a referral to a qualified staff member (as defined in PREA standard 115.321) may be made.
If requested by the victim, an advocate will accompany and support the victim through the forensic medical examination process and investigatory interviews. The advocate’s role is to provide emotional support, crisis intervention, information, and/or referrals.
8. Post-Incident Disposition and Follow-Up
a. Notifications
The IS II is responsible for making the following notifications.
(1) Upon receiving any allegation of sexual abuse, promptly notifying the parent/guardian of the youth involved, unless the facility has official documentation showing the parents or legal guardians should not be notified, and permitting the youth to speak to the parent/guardian confidentially and as soon as possible. Also, if the youth or parent/guardian requests to do so the youth must be allowed to speak confidentially with their attorney.
(2) If the alleged victim is under the guardianship of the child welfare system, the report must be made to the alleged victim's caseworker instead of the parents or legal guardians.
(3) If a juvenile court retains jurisdiction over the alleged victim, the facility head or designee must also report the allegation to the juvenile's attorney or other legal representative of record within 14 days of receiving the allegation.
(4) Immediately notifying the Assigned Deputy Probation Officer(s) of any youth involved in the incident/allegation.
(5) Immediately notifying the CPO of any incident or allegation of sexual misconduct via the chain of command.
The respective Superintendent is responsible for notifying the Presiding Judge of Juvenile Court of any substantiated incident of sexual misconduct after consulting with the chain of command.
b. Reporting to Youth
(1) The PREA Compliance Manager is responsible for informing the victim if their allegation of sexual misconduct was substantiated, unsubstantiated or unfounded. Depending on the investigating agency, the PREA Compliance Manager may need to request said information from the ACSO or PSU.
(2) The PREA Compliance Manager is responsible for notifying the victim on the status of the alleged abuser (both adult and youth), including whether or not the person is still within the facility and/or has been charged with a crime pursuant to PREA standard 115.372(c) and (d).
c. Following a youth’s allegation that a staff member has committed sexual abuse against the youth, the PREA Compliance Manager shall subsequently inform the youth (unless the allegation is determined to be unfounded) whenever:
(1) The staff member is no longer posted within the youth’s unit;
(2) The staff member is no longer employed at the facility;
(3) ACPD learns that the staff member has been indicted on a charge related to sexual abuse within the facility; or
(4) ACPD learns that the staff member has been convicted on a charge related to sexual abuse within the facility.
d. Following a youth’s allegation of sexual abuse by another youth, the PREA Compliance Manager shall subsequently inform the alleged victim whenever:
(1) ACPD learns that the alleged abuser has been indicted on a charge related to sexual abuse within the facility; or
(2) ACPD learns that the alleged abuser has been convicted on a charge related to sexual abuse within the facility.
All such notifications or attempted notifications must be documented.
e. Discipline
(1) Staff are subject to disciplinary actions up to and including termination for violating ACPD sexual harassment and misconduct policies. Pursuant to PREA standard 115.376(b), termination is the presumptive disciplinary action for staff who have engaged in substantiated sexual abuse. Additionally, the incident will be reported to the ACSO for investigation, which may lead to criminal prosecution.
(2) Any intern, contractor, or volunteer who engages in sexual abuse will have their contract terminated, will be prohibited from contact with youth, denied entry into the facilities, and will be reported to the ACSO.
(3) A youth found to have engaged in youth-on-youth sexual abuse may be subject to disciplinary actions consistent with the ACPD’s disciplinary process (refer to Juvenile Hall Manual Section 1391) and will be reported to the ACSO.
f. Access to Medical Care and Mental Health Services
(1) Youth who are victims of sexual abuse must receive timely, unimpeded, and ongoing access to emergency medical treatment and crisis intervention services, including:
• Medically appropriate care
• Tests for sexually transmitted disease
• Access to emergency contraception
• Pregnancy testing and follow-up services
(2) Treatment services must be provided to the victim without financial cost and consistent with the community level of care.
(3) The ACPD must offer medical and mental health evaluations and treatment, if appropriate, to all youth who have been victimized by sexual abuse, including:
• Follow-up services, treatment plans; and
• Referrals for continued care following the youth’s placement in other facilities or his/her release from custody.
(4) The ACPD must attempt to conduct a mental health evaluation of all known youth-on-youth abusers within sixty (60) days of learning of such abuse history and offer treatment when deemed appropriate by mental health practitioners.
g. Monitoring Retaliation
The PREA Program Coordinator must monitor the conduct and treatment of youth and staff who reported sexual misconduct for the purpose of preventing retaliation. Monitoring must last for at least ninety (90) days following the reporting and include:
(1) Periodic status checks on youth who reported sexual misconduct.
(2) Multiple measures of protection for youth, including but not limited to, housing changes, staffing reassignments and emotional support services.
(3) Review of disciplinary reports, housing or program changes for youth.
(4) Review of performance reviews or reassignments of staff.
(5) If retaliation against staff or youth is suspected, action to protect the person must occur as soon as possible and must be reported to the CPO through the chain of command.
(6) Monitoring of retaliation may be terminated if the allegation is determined to be unfounded.
(7) Monitoring may extend beyond ninety (90) days at the discretion of the PREA Program Coordinator.
(8) Monitoring efforts will be documented and kept in a separate log in the PREA Compliance Office.
E. Incident Review and Data Collection
1. Sexual Abuse Incident Review Board
a. The PREA Program Coordinator or their designee must convene a sexual abuse incident review team within thirty (30) days of the conclusion of every sexual abuse investigation, including where the allegation has not been substantiated, unless the allegation has been determined to be unfounded.
b. The review team will be composed of the PREA Program Coordinator or their designee, respective Superintendent, Assistant Superintendent, Deputy Chief of Facilities, the investigators of the incident, and medical or mental health practitioners.
c. The review team must:
(1) Consider whether the allegation or investigation indicates a need to change policy or practice to prevent, detect, or respond to sexual abuse.
(2) Consider whether the incident or allegation was motivated by race, ethnicity, gender identity, LGBTQI identification, status or perceived status, or gang affiliation, or was motivated or otherwise caused by other group dynamics within the facility.
(3) Examine the area in the facility where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse.
(4) Assess the adequacy of staffing levels in that area during different shifts.
(5) Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff.
(6) Via the PREA Program Coordinator, prepare a written report of its findings, and any recommendations for improvement and submit such report to the CPO within thirty (30) business days of the Sexual Abuse Incident Review Board’s findings.
(7) The PREA Program Coordinator and the PREA Compliance Manager must retain copies of the report and action plan for follow-up and statistical reporting purposes.
(8) Within ninety (90) business days, the facility must implement the recommendations, if any, of the review team, or document its reasons for not doing so.
2. Data Collection, Review, Action Planning and Reporting
The PREA Compliance Manager must collect incident-based data for every allegation of sexual abuse at all facilities and enter such data into the Department’s PREA database. The PREA Program Coordinator is responsible for reviewing the data.
a. Incident-based sexual abuse data will be aggregated annually and include:
(1) The data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the Department of Justice (SSV-6).
(2) Identification of problem areas.
(3) Corrective action(s) taken to address problem areas.
(4) Data from all available incident-based documents, reports, investigation files, and sexual abuse incident reviews.
b. The PREA Program Coordinator will review data collected and aggregated in order to assess and improve the effectiveness of the ACPD's sexual misconduct prevention, detection, and response policies, procedures, and practices. The PREA Program Coordinator will further prepare an annual report for the CPO of findings and corrective actions taken at each facility.
(1) The report must be approved by the CPO and made public through the ACPD’s public website at least annually. If necessary, the PREA Program Coordinator will redact personal identifying information prior to publishing the report to the ACPD’s public website.
(2) The written report will include a comparison of the current year’s data and corrective action with those from prior years and must provide an assessment of the ACPD’s progress in addressing sexual misconduct.
c. Data will be retained for at least ten (10) years after the date of its initial collection.
F. PREA Compliance Audits
1. External Audits
PREA compliance audits must be conducted by an external auditor meeting the qualifications established by the United States Department of Justice and the National PREA Resource Center. Auditors must be members of a correctional monitoring body that is not part of, or under the authority of the ACPD.
a. Frequency and Scope of Audit (refer to PREA Standard 115.401)
(1) During the three-year audit cycle, the ACPD will ensure that each facility operated by the ACPD, is audited by an external auditor at least once. This audit shall occur in the first quarter of the audit cycle year.
(2) The audit must include a corrective action plan for all noted deficiencies.
(3) The audit must be conducted based on the audit instrument approved and provided by the United States Department of Justice. This includes:
• An audit of all relevant policies, procedures, reports, internal and external audits, and accreditations for each facility type.
• A sampling of relevant documents and other records and information for the most recent one-year period.
(4) The auditor must have access to:
• All areas of the audited facilities.
• Copies of any relevant documents, including electronic documents.
• Private interviews with a representation of youth, staff, supervisors, and administrators.
• A sampling of any available video footage and other electronically available data.
• Access to community-based or victim advocates who may have insight into relevant conditions in the facility.
(5) Youth must be permitted to send confidential information or correspondence to the auditor in the same manner as if they were communicating with legal counsel.
b. Auditing Contents, Findings and Corrective Action Plans
The auditor will submit an audit report to the ACPD and it will state whether department-wide policies and procedures comply with relevant PREA standards. The report will include recommendations for any required corrective actions.
Auditors will redact any personally identifiable youth and staff information from their reports but must provide such information to the ACPD upon request and may provide such information to the United State Department of Justice. Upon receiving the audit report the ACPD must do the following;
(1) Ensure that the auditor’s final report is published on the ACPD’s internal and external websites.
(2) Develop a corrective action plan within thirty (30) days of receiving the audit report if a finding of “Does Not Meet Standard” is indicated on any audited item. The corrective action plan will have a ninety (90) day corrective action period.
(3) The auditor and the ACPD will jointly develop the corrective action plan to achieve compliance.
(4) The auditor will take the necessary and appropriate steps to verify implementation of the corrective action plan, such as reviewing updated policies and procedures or re-inspecting portions of either facility.
(5) After the ninety (90) day corrective action period ends, the auditor will issue a final determination as to whether the facility has achieved compliance with those standards requiring corrective action.
(6) If the ACPD does not achieve compliance with each standard, it may (at its discretion and cost) request a subsequent audit once it believes that it has achieved compliance.
2. Internal Audits
a. Internal audits may be conducted at any time and are initiated by the CPO, Assistant Chief of Juvenile or Deputy Chief of Facilities.
b. An internal audit must never take the place of an external audit. The primary purpose of an internal audit is to preemptively address any potential PREA issues at the facilities that an external audit might identify.
c. The PREA Program Coordinator and PREA Compliance Manager are responsible for scheduling, planning, organizing and conducting internal audits.