Prison Rape Elimination Act

 

The Prison Rape Elimination Act of 2003 (PREA) is a federal law that prevents and seeks to eliminate sexual abuse and sexual harassment in juvenile facilities. River Valley Detention Center is committed to providing a safe and healthy environment for residents and staff and has adopted a zero-tolerance policy for sexual abuse and sexual harassment.

Resident Reporting
Residents have multiple ways to report sexual abuse or sexual harassment while in our custody:

Reports can be made anonymously.  Reports can be made internally or externally.

Internal Reporting

v  Residents can report to any staff, volunteer, medical or mental health staff.

 

v  Residents can submit a grievance, sick call slip or mental health request form.

 

v  Residents can tell a family member, friend, legal counsel, etc.  The family member, friend, legal counsel, etc., can report on the Resident’s behalf by calling 217-558-4013 or by any of the third-party reporting entities below.

 

External Reporting

v  Residents can call Guardian Angel Community Services Sexual Assault 24-hour hotline by using the pod phones (free call).

1)    Select preferred language

2)    Enter PIN from ID wristband or press * to remain anonymous

3)    Press 3 for speed dial #

4)    Press 1 to be connected to the hotline

 

Third Party Reporting
If you have information regarding a resident who has been sexually abused or sexually harassed while in our custody, please report it. You may report by: 

v  Call 815-730-7070 and ask to speak to the PREA Coordinator or an on-duty supervisor.

v  Contact the Department of Children and Family Services (DCFS) Hotline at 1-800-25-ABUSE.

v  Call Will County Sheriff’s Department at 815-727-8575 or dial 9-1-1 if it is an emergency.

v  Call the Guardian Angel Community Services 24-hour sexual assault hotline number is 815-730-8984.

 

Investigations
An administrative investigation will be initiated for all allegations of sexual abuse and sexual harassment. Once the administrative investigator determines that it is likely a criminal act occurred, the investigation will be forwarded to the Will County Sheriff’s Office for a criminal investigation.  Please see PREA Investigations policy for more information (see below).

Victim Services
Any resident who is a survivor of sexual abuse or sexual harassment, may request to speak to an in-house therapist or may contact Guardian Angel Community Services to receive advocacy and emotional support. Guardian Angel Community Services 24-hour sexual assault hotline number is 815-730-8984.

 

 

 

POLICY:

It shall be the policy of the River Valley Detention Center to provide a safe and secure environment for all residents, staff, and volunteers. The River Valley Detention Center is committed to zero tolerance of any form of sexual abuse and/or sexual harassment. Every allegation of sexual abuse and sexual harassment will be investigated.  River Valley Detention Center will conduct an administrative investigation for all allegations of sexual abuse and sexual harassment.  Once the administrative investigator determines the probability that a criminal act occurred, the investigation will immediately be forwarded to the Will County Sheriff’s Department for a criminal investigation. 

PROCEDURE:

I.Administrative Investigations

 

A.    The Superintendent and/or Designee will receive all reports of sexual abuse and/or sexual harassment.  The report may come in from a resident directly, the first responder, any employee, contractor, intern, or volunteer that received the report or has suspicions, or from a third party on behalf of the resident.

B.    The Superintendent and/or Designee will ensure, if not done already, that the alleged victim and the alleged perpetrator have been separated.

C.    If there was a first responder, the Superintendent and/or Designee will review their report and what steps were taken.

D.    An Administrative investigation shall be initiated for all allegations of sexual abuse and sexual harassment.

i.               Administrative investigations are conducted by River Valley Detention Center’s Superintendent or Designee who has received specialized training in PREA investigations.

ii.              Investigations shall be initiated immediately, but no later than 24 hours after receipt of the allegation.  Administrative investigators will conduct investigations promptly, thoroughly, and objectively for all allegations, including third party and anonymous reports.

a.              Administrative investigations should typically be completed within five business days.  Some circumstances may delay the report being completed such as involved parties being inaccessible within that timeline.

iii.            The administrative investigator shall review camera footage in a private setting to determine if video evidence of the incident exists.

a.              If there is video evidence of an incident of sexual abuse, the video will be downloaded and preserved.  The administrative investigator will then immediately forward the investigation to the Will County Sheriff’s Office.  Video footage cannot be disclosed without authorization from the Chief Judge.

b.              If there is video evidence that the incident did not occur, the investigator will speak to the witness or alleged victim again to confirm the details of the incident.  If the allegation date/time remains the same, the allegation will be unfounded.  The administrative investigator will then determine if the report was made in good faith.

iv.            The investigator shall interview the alleged victim, any witnesses to the incident, and the alleged perpetrator.  All parties will be requested to write a statement.

a.              If the resident refuses to write a statement, the investigator shall document that decision.  Employees cannot refuse to write a statement as they are required to cooperate with investigations.

b.              Interviews will take place out of sight and sound from other residents including the alleged abuser.  If the alleged abuser was an employee, the interview will take place away from employees as well.

c.              The investigation shall be documented in a PREA Incident Report which includes a description of the physical and testimonial evidence along with investigative facts and findings.

d.              At any time during an administrative investigation, the investigator shall forward the investigation to the Will County Sheriff’s Department if it is determined that a criminal act likely occurred.  The Director of Court Services and the Superintendent shall be notified.

e.              An administrative investigation shall include an effort to determine whether staff actions or failures to act contributed to the abuse.  

 

II.         Criminal investigations

 

A.    When the administrative investigator has determined that a criminal act likely occurred, the investigation shall be forwarded to the Will County Sheriff’s Office Investigation Department, who has special training in sexual abuse investigations.

i.               A copy of the incident report will be given to the investigator.  The investigator will need access to interview the alleged abuser and victim.  Interviews will take place out of sight and sound from other residents including the alleged abuser.

ii.              Due to the alleged victim being a child, the Will County Child Advocacy Center may need to conduct the interview if it is an allegation of sexual abuse.  The Will County Sheriff’s Office will schedule the interview.   

iii.            The Investigator will need to obtain permission from the Chief Judge if video footage is requested.

iv.            When the quality of evidence appears to support criminal prosecution, the Will County Sheriff’s Investigator shall conduct compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution. 

v.              Criminal investigations shall be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible.  The Superintendent or Designee will receive a copy of the report.

vi.            Substantiated allegations of conduct that appear to be criminal shall be referred for prosecution.

 

 

III.General Investigation Guidelines

 

A.    The investigation shall not be terminated solely because the source of the allegation recants the allegation.

B.    Investigators shall gather and preserve direct and circumstantial evidence, including any available physical and deoxyribonucleic acid (DNA) evidence and any available electronic monitoring data; shall interview alleged victims, suspected perpetrators, and witnesses; and shall review prior complaints and reports of sexual abuse involving the perpetrator.

C.    The credibility of an alleged victim, suspect, or witness shall be assessed on an individual basis and shall not be determined by the person’s status as a resident or employee.  A resident who alleges sexual abuse is not required to submit to a polygraph examination or any other truth-telling device as a condition for proceeding with the investigation of such an allegation.

D.    River Valley Detention Center shall obtain a copy of all written reports and retain said report for as long as the abuser is employed or incarcerated plus five years, unless the abuse was committed by a resident and applicable law requires a shorter period of retention.

E.    The departure of the alleged abuser or victim from employment or control of the facility shall not provide a basis for terminating the investigation.  

F.     All River Valley Detention Center employees will cooperate with administrative and criminal investigators.  When applicable, employees will be notified of their Garrity and/or Miranda rights.

G.    Any sexual abuse allegations deemed to be false in nature will be forwarded to the State’s Attorney’s Office for possible delinquent/criminal charges if Will County Sheriff’s Office was investigating.  If the investigation was completed by administration, the resident will receive disciplinary action.  In the case of an employee, disciplinary action will also be considered with possible termination of employment.

 

IV.Evidentiary Standard for Administrative Investigations

A.    The River Valley Detention Center imposes a standard of preponderance of the evidence or a lower standard of proof for determining whether allegations of sexual abuse or sexual harassment are substantiated.

 

V.Reporting to Residents

A.    Following an investigation into an alleged victim’s allegation of sexual abuse or sexual harassment, the Superintendent or Designee will inform the resident as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded.

B.    If the River Valley Detention Center did not conduct the investigation, the Superintendent or Designee shall request the relevant information from the investigative agency to inform the resident.

C.    When the alleged abuser was an employee, the Superintendent or Designee shall inform the alleged victim whenever:

i.               The employee is no longer posted in the resident’s unit;

ii.              The employee is no longer employed at the facility;

iii.            It is learned that the employee has been indicted on a charge related to sexual abuse within the facility; or

iv.            It is learned that the employee has been convicted on a charge related to sexual abuse within the facility.

D.    When the alleged abuser was a resident, the Superintendent or Designee shall inform the alleged victim whenever:

i.               It is learned that the alleged abuser has been indicted on a charge related to sexual abuse within the facility; or

ii.              It is learned that the alleged abuser has been convicted on a charge related to sexual abuse within the facility.

E.    All notifications or attempted notifications shall be documented on the Notification of Outcome of Allegation form.