The Prison Rape Elimination Act (PREA) was passed in 2003 with unanimous support from both parties in Congress. The purpose of the act was to “provide for the analysis of the incidence and effects of prison rape in Federal, State, and local institutions and to provide information, resources, recommendations and funding to protect individuals from prison rape.” (Prison Rape Elimination Act, 2003). This law applies to all public and private institutions that house adult or juvenile offenders.
For more information: http://www.prearesourcecenter.org/
Rate of Sexual Abuse – 2012 and 2013
For the NJ Department of Corrections (NJDOC), the overall rate of reported and substantiated sexual abuse for the entire population of over 22,000 inmates is less than one percent.
In 2012, nine (9) instances of alleged sexual abuse were documented with only one (1) substantiated case.
In 2013, a total of 20 instances were reported with the number of substantiated cases still being finalized.
Overall, the rate of sexual victimization reported by the NJDOC inmate population is well below the national average. Nationally, four percent (4%) of the prison population reported sexual victimization.
The NJDOC’s Survey of Sexual Violence, completed each year for the Bureau of Justice Statistics, shows while the number of reported cases of inmate on inmate and staff on inmate sexual violence has increased over the last few years, the rate is still less than one percent (1%) of the population.
The NJDOC publishes an annual report regarding PREA-related incidents and, where necessary, plans to improve the Department’s prevention, detection and response efforts. The Department regularly conducts sexual abuse/assault incident reviews to determine if changes to or improvements in environmental, procedural, staffing and monitoring technology factors are required.
August 11, 2014
Dear Urban Renewal Corp. Contractor:
Pursuant to US Department of Justice’s Prison Rape Elimination Act, we are required to inform you of our zero tolerance policy regarding sexual abuse and sexual harassment. Urban Renewal Corp. serves thousands of vulnerable adults through our residential programs. The safety of all clients served in our programs is our highest priority. As a valued partner and contractor of services, we are forwarding our policy and expectations for your company and your employees while performing work in our programs.
Employees, contractors and volunteers are strictly prohibited from engaging in sexual misconduct, inappropriate behavior, sexual abuse or sexual harassment with clients or other staff. Instances of sexual misconduct and/or inappropriate behavior jeopardize the safety of all staff and clients.
Sexual misconduct and inappropriate behavior are defined as actions of a staff person, contractor or volunteer that are not beneficial to the client and may be demonstrated through the following acts:
a) Initiating, encouraging, and/or participating in the written communication between clients, and staff that is not open and public such as sending secretive notes.
b) Spending too much time with a particular client or creating the perception of preferential treatment.
c) Spending time alone with clients beyond the requirements of the scope of work.
d) Speaking too familiarly with clients or staff in the presence of clients discussing personal and/or private issues or events.
e) Allowing clients to use ‘pet names” of “nicknames” for staff.
f) Being in an unassigned work area and/or visiting areas other than where assigned.
g) Participating in or staging communications or interactions with clients outside normal communication process.
h) Showing aggressiveness against clients in the program.
i) Becoming overly protective or supportive of a client.
j) Using inappropriate language, gestures, or teasing at the workplace.
k) Touching clients in a manner that could be viewed as potentially inappropriate such as horseplay.
l) Failing to report incidents of sexual misconduct or inappropriate behavior.
m) Mentioning granting of favors or rewards to clients to endear clients, gain or promote feelings of acceptance, or to receive gifts.
n) Encouraging a client’s involvement in sexually explicit or suggestive acts.
o) Aiding or assisting clients or staff in violating the conflict of interest policy.
p) Destroying and/or falsifying evidence regarding investigations of sexual misconduct or inappropriate behavior.
q) Participating in any act of sexual behavior with clients on or off the premises of the program.
r) Encouraging clients to view suggestive material or be involved with suggestive acts.
s) Making sexual innuendos, implied or explicit.
t) Arranging romantic liaisons with clients.
u) Sharing private information such as telephone numbers, home addresses, or other personal information with clients.
v) Condoning sexual acts between clients.
Sexual Abuse is defined as a sexual act where the victim does not consent, is coerced into a sexual act by overt or implied threats of violence, or is unable to consent or refuse.
Sexual abuse of a client by another client may be demonstrated through the following acts:
a) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
b) Contact between the mouth and the penis, vulva, or anus;
c) Penetration of the anal or genital opening of another person, however slight, by hand, finger, object or other instrument; and
d) 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 physical altercation.
Sexual abuse of a client by staff member, contractor, or volunteer may be demonstrated by the following acts, with or without consent of the client:
a) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
b) Contact between the mouth and the penis, vulva, or anus;
c) Contact between the mouth and any body part where the staff member, contractor, or volunteer had the intent to abuse, arouse, or gratify sexual desire;
d) Penetration of the anal or genital opening of another person, however slight, by 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.
e) Any other intentional touching, either directly or through the clothing, of 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;
f) Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities, described in paragraphs (a)-(e) of this section;
g) Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of a client;
h) Voyeurism by a staff member, contractor, or volunteer which is defined as an invasion of privacy of a client by staff for reasons unrelated to official duties.
i) Voyeurism may be demonstrated by the following acts:
1. Peering at a client who is using the toilet to perform bodily functions
2. Requiring a client to expose his or her buttocks, genitals, or breasts
3. Taking images of all or part of a clients’ naked body or of a client performing bodily functions
Sexual harassment may be demonstrated through the following acts:
a) Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one client directed toward another client.
b) Repeated verbal comments or gestures of a sexual nature to a client 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.
Staff is required to immediately intervene, challenge, and/or report any inappropriate behavior of clients in order to promote a safe and professional workplace. If you or your employees experience any challenges in our programs related to those behaviors, we require that it is immediately reported to Urban Renewal Corp supervisor.
All instances of sexual misconduct or inappropriate behavior must be documented and a supervisory investigation must ensue.
It is difficult, if not impossible, to describe all of the situations that would constitute sexual misconduct or inappropriate behavior. Any employee who has a question concerning possible misconduct must request advice from their supervisor.
This letter serves as notification regarding our zero tolerance policy for sexual misconduct and inappropriate behavior. Any questions or concerns can be directed to our PREA coordinator Joseph Rizzo at 973-483-2882.
Sincerely,
Lane H. Jacobs
President/CEO