004.03.24 Ark. Code R. 003 - Prison Rape Elimination Act (P.R.E.A)
I.
POLICY:
It is the policy of the Arkansas Department of Corrections that "zero tolerance" exists regarding the rape, sexual abuse, or sexual harassment of Inmates, whether by staff or other Inmates.
II.
EXPLANATION:
A. It has been a policy and goal of the
Arkansas Department of Corrections (DOC) to provide a safe and secure
environment to protect the State of Arkansas, our employees, and the Inmates
committed to our care and custody. The passage by the United States Congress,
in 2003, of the Prison Rape Elimination Act (PREA), reinforces previous
policies and goals of the ADC.
B.
Pursuant to Arkansas Code Annotated §
12-29-803, it is the policy of the
DOC to limit Inspections by male correctional officers in areas where a female
Inmate is likely to be in a state of undress.
III.
DEFINITIONS. As used in
this rule:
A. "Exigent Circumstances" means a
set of temporary and unforeseen circumstances that require immediate action in
order to combat a threat to the security or institutional order of a
facility.
B. "Inmate" means a
person confined to a prison or community correction center under the control of
the DOC.
C. "Inspections" include
searches but do not include routine cell checks.
IV.
PROCEDURES:
A. Review of Policies. The DOC will annually
review policies associated with rape, sexual abuse, or sexual harassment of
Inmates. The DOC will revise, adopt, or both new policies and procedures to
address the elimination of sexual abuse and sexual harassment of Inmates in its
care and custody, as those needs are identified. Areas that will be addressed
may include, but are not limited to:
1.
Prevention
2. Staff
Training/Education
3. Inmate
Education
4.
Identification/Classification/Housing and Tracking of sexually aggressive
Inmates
5. Victim Support
6. Investigation
Procedures/Training
7. Prosecution
of perpetrators
8.
Sanctions
9. Facility reviews and
design
10. Data
Collection
11. Continuity of
counseling/referral upon release
B. Staff Training. Staff training shall be
tailored to be gender specific to the facility. All employees shall receive
training annually in PREA compliance.
C. Staff Reporting. Reports by male officers
conducting Inspections in an area where a female Inmate was in a state of
undress shall include:
1. The time and date of
the Inspection;
2. Availability or
unavailability of female officers; and
3. An explanation of events necessitating the
Inspection.
D. General
Provisions.
1. Female Inmates shall be
permitted to shower, perform bodily functions, and change clothing without male
officers viewing their breasts, buttocks, or genitalia except in Exigent
Circumstances or when such viewing is incidental to routine cell
checks.
2. Male officers shall
announce their presence when entering a female housing unit.
3. Unannounced Rounds.
a. Each facility shall implement a practice
of having intermediate-level or higher-level supervisors conduct and document
unannounced rounds on all shifts.
b. Staff are prohibited from alerting other
staff of unannounced rounds unless such announcement is related to legitimate
operational functions.
E. Retaliation Prohibited. Retaliation by or
against any staff, Inmate, or witness involved in a complaint or report of
unauthorized viewing of a female Inmate by a male officer is strictly
prohibited and may constitute grounds for disciplinary action, up to and
including termination.
V.
REFERENCES:
Prison Rape Elimination Act
Arkansas Code Annotated § 12-29-803.
Notes
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