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Wadoc Rape Elimination Procedures 2006

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APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON/WORK RELEASE/FIELD
OFFENDER MANUAL
EFFECTIVE DATE

PAGE NUMBER

NUMBER

5/9/06

1 of 10

DOC 490.800

TITLE

POLICY

PRISON RAPE ELIMINATION PROCEDURES

REVIEW/REVISION HISTORY:
Effective:

5/9/06

SUMMARY OF REVISION/REVIEW:
New policy. Read Carefully!

APPROVED:

HAROLD W. CLARKE, Secretary
Department of Corrections

3/6/06
Date Signed

APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON/WORK RELEASE/FIELD
OFFENDER MANUAL
EFFECTIVE DATE

PAGE NUMBER

NUMBER

5/9/06

2 of 10

DOC 490.800

TITLE

POLICY

PRISON RAPE ELIMINATION PROCEDURES

REFERENCE:
DOC 100.100 is hereby incorporated into this policy; RCW 9A.44.010, 040, 050, 060, 100,
115, 160, 170; RCW 72.09.225; ACA 4-4281-1; ACA 4-4281-3; ACA 4-4281-6; ACA 4-4281-7;
ACA 4-4281-8; DOC 400.100 Duty Officer/Reporting of Emergencies and Significant Events;
DOC 610.025 Medical Management of Offenders in Cases of Alleged Sexual Abuse, Assault,
Contact, and Harassment; DOC 850.030 Employee Relationships/Contacts with Offenders;
Prison Rape Elimination Act (PREA) of 2003
POLICY:
I.

The Department has zero tolerance relating to sexual assault/rape of offenders and staff
sexual misconduct. It is the policy of the Department to fully investigate, pursue
disciplinary action, and refer for prosecution those who are determined to be
perpetrators in such conduct. [4-4281-3]

II.

The Department has established guidelines for the response and investigation of
offender on offender sexual assaults.

DIRECTIVE:
I.

Sexual Contact Between Offenders in Total or Partial Confinement
A.

When one or more offenders are considered to be engaging in, attempting to
engage in, or have completed a sexual act with another offender, it is sexual
misconduct.

B.

When an offender, or group of offenders, through the use of threats, intimidation,
force, or other actions and/or communications reasonably calculated to cause
submission of another offender to engage in a sexual act against that offender’s
will, it may be a crime.
1.

A non-consensual sexual act is an incident in which one or more of the
following acts occurs without the offender’s consent, or the offender is
unable to consent or refuse:
a)

Contact between the penis and the vagina or the penis and the
anus involving penetration, however slight. It does not include
kicking, grabbing, or punching genitals when the intent is to harm
rather than sexually exploit.

b)

Contact between the mouth and the penis, vagina, or anus.

c)

Penetration of the anal or genital opening of another person by a
hand, finger, or other object.

APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON/WORK RELEASE/FIELD
OFFENDER MANUAL
EFFECTIVE DATE

PAGE NUMBER

NUMBER

5/9/06

3 of 10

DOC 490.800

TITLE

POLICY
2.

II.

PRISON RAPE ELIMINATION PROCEDURES

Abusive sexual contact includes one or more of the following behaviors:
a)

Sexual contact without the offender’s consent, or the offender is
unable to consent or refuse, to include intentional touching, either
directly or through the clothing, of the genitalia, anus, groin, breast,
inner thigh, or buttocks of the victim.

b)

Sexual contact does not include kicking, grabbing, or punching
genitals when the intent is to harm or debilitate rather than to
sexually exploit.

Custodial Sexual Misconduct
A.

Sexual conduct between offenders and Department staff, contract staff, or
volunteers regardless of consensual status, is prohibited and subject to
administrative and/or criminal disciplinary sanctions. [4-4281-6]

B.

Acts of sexual assault/rape or sexual misconduct by Department staff, contract
staff, or volunteers against offenders, retaliation against offenders who refuse to
submit to sexual activity, or intimidation of a witness may be a crime.

C.

Any procedure, such as but not limited to, taking pictures/photographs, pat
searches, or medical exams that are required by Department policy, procedure,
or process are not defined as staff sexual misconduct.

D.

Custodial sexual misconduct includes one or more of the following behaviors:

E.

1.

Any behavior of a sexual nature, that involves touching, directed toward
an offender by a Department staff, contract staff, or volunteer.

2.

Intentional touching of the genitalia, anus, groin, breast, inner thigh, or
buttocks with the intent to abuse, arouse, or gratify sexual desire. It does
not include kicking, grabbing, or punching genitals when the intent is to
harm or debilitate rather than to sexually exploit.

3.

All completed, attempted, threatened, or requested sexual acts between
Department staff and the offender.

Staff sexual misconduct includes:
1.

Consensual or non-consensual sexual acts, including verbal or written
communication, involving an offender and Department staff, contract staff
or volunteers.

APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON/WORK RELEASE/FIELD
OFFENDER MANUAL
EFFECTIVE DATE

PAGE NUMBER

NUMBER

5/9/06

4 of 10

DOC 490.800

TITLE

POLICY

III.

2.

Incidents of indecent exposure or invasion of privacy for sexual
gratification.

3.

Sexual harassment, which includes one or more of the following
behaviors:
a)

Any verbal statements or comments of a sexual nature to an
offender by a Department staff.

b)

Incidents involving demeaning references to gender or derogatory
comments about body or clothing.

c)

Profane or obscene language or gestures of a sexual nature, with
the intent to insult or demean.

Responsibilities
A.

The Prisons Deputy Secretary/designee is responsible for oversight of all Prison
Rape Elimination Act (PREA)-related activities.

B.

A Headquarters Prisons Division Correctional Manager will be assigned to:

C.

1.

Coordinate and develop procedures to identify, monitor, and track sexual
assault/rape and sexual misconduct in the Department,

2.

Maintain statistics, and

3.

Conduct audits to ensure compliance with Department policy and the
Prison Rape Elimination Act of 2003.

Each Superintendent and Field Administrator will assign a staff to serve as PREA
liaison to:
1.
2.
3.

D.

IV.

PRISON RAPE ELIMINATION PROCEDURES

Coordinate facility/office activities,
Ensure compliance with training requirements, and
Coordinate needed activities with the Correctional Manager.

The facility investigator, Headquarters Special Investigation Unit Investigators,
and/or assigned staff will cooperate with local law enforcement as needed for
completion of thorough investigations.

Offender Orientation and Education
A.

[4-4281-1] All offenders will receive information relating to sexual assault/rape and

sexual misconduct during orientation. The information will be communicated

APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON/WORK RELEASE/FIELD
OFFENDER MANUAL
EFFECTIVE DATE

PAGE NUMBER

NUMBER

5/9/06

5 of 10

DOC 490.800

TITLE

POLICY

PRISON RAPE ELIMINATION PROCEDURES

orally and in writing, in a manner that is clearly understood by offenders.
Information provided will include, but not be limited to:
1.
2.
3.
4.
5.
6.
7.
8.
B.
V.

Information will also be provided to offenders during the field intake process.

Screening
A.

Offenders in the reception centers will be administered assessment instruments
to evaluate violence potential and victimization proneness.
1.

These assessments will be administered regardless of the time the
offender has to serve and may indicate the need for additional, more indepth mental health assessments.

B.

Assessment results will be a factor in classification and housing assignments.

C.

Facility/housing assignments will follow a screening review in an effort to provide
information to help avoid having known sexual predators assigned to cells with
known sexual assault victims.
1.

VI.

DOC 490.800 Prison Rape Elimination Procedures
Department zero-tolerance stance
Self-protection
Prevention and intervention
Reporting
Treatment and counseling
Protection against retaliation
Disciplinary actions for making false allegations

Information regarding known victim and/or predatory incidents will be
recorded in Offender Based Tracking System (OBTS).

Offender, Family, and/or Associate Reporting Procedure
A.

Offenders, their families, and/or their associates may report any allegation of
sexual assault/rape or sexual misconduct in writing or verbally to any Department
staff, contract staff, or volunteer, any law enforcement agency, or by calling the
confidential reporting hotline 800-586-9431. [4-4281-7]

B.

Sexual Misconduct Hotline
1.

Anyone having information regarding sexual assaults or custodial sexual
misconduct is encouraged to call the Department toll-free hotline, 800586-9431, and report the incident.

APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON/WORK RELEASE/FIELD
OFFENDER MANUAL
EFFECTIVE DATE

PAGE NUMBER

NUMBER

5/9/06

6 of 10

DOC 490.800

TITLE

POLICY

VII.

PRISON RAPE ELIMINATION PROCEDURES

2.

To minimize possible exposure of sexually explicit details to support staff
and to reduce the possibility of losing evidentiary information, a live
operator will not answer calls. Messages will be reviewed during normal
work hours.

3.

The introductory message on the hotline will be very clear regarding the
information required. Anonymous calls will be reviewed but not given the
same priority as a report that has all of the required information.

4.

An offender may face disciplinary action for placing frivolous or false
reports.

Staff Reporting Procedure/Initial Notification
A.

Department staff, contract staff, and volunteers who receive any information,
regardless of its source, concerning sexual assault/rape or sexual misconduct, or
who observe an incident of sexual assault/rape or sexual misconduct, are
required to immediately report the information or incident directly to their
immediate supervisor and/or the shift supervisor/commander.

B.

As soon as any allegation of sexual assault, rape, or misconduct comes to the
attention of an employee, the employee who receives the information will
immediately inform his/her supervisor or shift commander, who will in turn inform
the Appointing Authority, with the following exceptions:
1.

If the allegation is against a supervisor, the report will be made to the
Appointing Authority.

2.

If the allegation is against the Appointing Authority, the report will be made
to the appropriate Deputy Secretary/designee and Prison Administrator West.

C.

Failure to report an allegation or to knowingly or willfully coerce or threaten
another to submit inaccurate, incomplete, or untruthful information with the intent
to alter a report may result in disciplinary action, up to and including dismissal,
even on a first offense.

D.

The Appointing Authority will notify the appropriate Deputy Secretary/designee
and Prison Administrator - West of all allegations of sexual assault, rape, or
sexual misconduct. The appropriate Deputy Secretary/designee and the
Appointing Authority will determine who is responsible for conducting the
investigation. [4-4281-3]

APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON/WORK RELEASE/FIELD
OFFENDER MANUAL
EFFECTIVE DATE

PAGE NUMBER

NUMBER

5/9/06

7 of 10

DOC 490.800

TITLE

POLICY
E.

VIII.

X.

An incident report will be completed per DOC 400.100 Duty Officer/Reporting of
Emergencies and Significant Events. Incidents resulting in death, serious injury,
or substantial loss will be reported by the effected facility to the Risk
Management Department.

Security Procedures
A.

IX.

PRISON RAPE ELIMINATION PROCEDURES

Appropriate security procedures will be followed, which include at a minimum:
1.

Mental health and medical assistance are made available to the alleged
victim as soon as possible, per DOC 610.025 Medical Management of
Offenders in Cases of Alleged Sexual Abuse, Assault, Contact, and
Harassment.

2.

Separating the perpetrator and victim.

3.

Isolating witnesses.

4.

Secure the incident scene by taking protective measures to enclose the
area so items cannot be removed or introduced. The incident scene will
only be accessed by assigned investigators.

B.

Offender victims of sexual assault/rape will be transported to a local medical
facility for the collection of evidence and necessary medical care per DOC
610.025 Medical Management of Offenders in Cases of Alleged Sexual Abuse,
Assault, Contact, and Harassment.

C.

After an initial medical assessment and the collection of evidence is completed,
all offender victims housed at a minimum security or Work Release facility may
be transferred to a major facility with medical and mental health staff available.

Investigative Protocols of Sexual Assaults
A.

The Shift Commander/designee will initiate Offender Sexual Assault Response
and Containment checklist (Attachment 2).

B.

The assigned investigator will ensure that all investigative protocol criteria are
met by using the Sexual Assault Investigation Protocols checklist (Attachment 3).

C.

Staff assigned to investigate are required to submit an Investigation Report,
following the format of Attachment 1, to the Appointing Authority with a copy to
the Investigations Manager.

Documentation

APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON/WORK RELEASE/FIELD
OFFENDER MANUAL
EFFECTIVE DATE

PAGE NUMBER

NUMBER

5/9/06

8 of 10

DOC 490.800

TITLE

POLICY

XI.

XII.

PRISON RAPE ELIMINATION PROCEDURES

A.

All staff involved who work in the area where an incident occurred are required to
submit memos with all pertinent information before the end of their shift. This
includes staff who secured the incident scene, transported offenders, or talked to
possible witnesses.

B.

At the completion of an investigation, the Appointing Authority will notify the
appropriate Deputy Secretary/designee and Prison Administrator - West of the
outcome of the investigation.

Treatment for Victims
A.

Victim services for offenders in total or partial confinement include crisis
intervention and trauma-specific treatment that will be offered to the victim and
performed by a mental health and/or health care professional.

B.

Victim services will be made available to:
1.

All offenders involved in a sexual assault/rape who are housed in a total
confinement facility.

2.

All offenders involved in a sexual assault/rape who are housed in a partial
confinement facility or a Work Release, or are on active supervision, if the
sexual assault/rape occurred by a Department staff, contract staff, or
volunteer of the Department. All other offender victims of sexual
assault/rape will be referred to local law enforcement.

Staff Training
A.

All Department staff, contract staff, and volunteers will receive documented
PREA training during New Employee Orientation (NEO), Correctional Worker
CORE, and/or Volunteer Orientation, and, thereafter, annually.

B.

Training will include, but is not limited to:
1.

Review of this policy, the Prison Rape Elimination Act of 2003, and any
other applicable state or federal laws.

2.

Prevention, investigation, and prosecution of sexual assault/rape and/or
sexual misconduct.

3.

Zero tolerance.

4.

Recognition of possible signs of:
a)

Sexual assault/rape and/or sexual misconduct,

APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON/WORK RELEASE/FIELD
OFFENDER MANUAL
EFFECTIVE DATE

PAGE NUMBER

NUMBER

5/9/06

9 of 10

DOC 490.800

TITLE

POLICY
b)
c)
d)

Predatory offenders,
Potential victims, and/or
Staff involvement.

5.

Confidentiality.

6.

Reporting.

C.

Training will be documented in STATIS, or such other training system used by
the Department.

D.

Specialized training will be provided for staff who will respond to, or be involved
in, incidents of sexual assault/rape or sexual misconduct. Training may include,
but is not limited to:
1.
2.
3.

XIII.

PRISON RAPE ELIMINATION PROCEDURES

Crime scene management/investigation,
Sensitivity, and
Crisis intervention.

Data Collection/Tracking
A.

The PREA Manager and the Planning Performance Department Manager’s
designee are responsible for compiling records and reporting statistical data to
the Federal Bureau of Justice as required by the Prison Rape Elimination Act of
2003.

B.

The Deputy Secretary's designee will complete DOC 05-787 Sexual
Assault/Misconduct Initial Report to initiate an investigation.

C.

Staff assigned to the investigation will complete DOC 05-788 Sexual
Assault/Misconduct Date Collection and will forward the form and investigation
report to the Investigations Manager for final review and data collection activities.
[4-4281-3]

D.

Records associated with claims of sexual abuse, including incident reports,
investigative reports, offender information, case disposition, medical and
counseling evaluation findings, and recommendations for post-release treatment
and/or counseling are retained per the Records Retention Schedule. [4-4281-8]

DEFINITIONS:
Words/terms appearing in this policy may be defined in the glossary section of the Policy
Manual.
ATTACHMENTS:

APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON/WORK RELEASE/FIELD
OFFENDER MANUAL
EFFECTIVE DATE

PAGE NUMBER

NUMBER

5/9/06

10 of 10

DOC 490.800

TITLE

POLICY

PRISON RAPE ELIMINATION PROCEDURES

Investigative Report (Sample) (Attachment 1)
Offender Sexual Assault Response and Containment Checklist (Attachment 2)
Sexual Assault Investigations Protocols (Attachment 3)
DOC FORMS (See Appendix):
DOC 05-787 Sexual Assault/Misconduct Initial Report
DOC 05-788 Sexual Assault/Misconduct Data Collection

 

 

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