PREA Prison Rape Elimination Act of 2003
The Prison Rape Elimination Act (PREA) 2003 prohibits and seeks to eliminate sexual assaults and sexual misconduct in correctional institutions. Sexual abuse includes inmate on inmate sexual abuse and sexual harassment, staff on inmate sexual abuse and sexual harassment.
MCDOCR PREA INFORMATION
Montgomery County Detention Center (MCDC) | Montgomery County Correctional Facility (MCCF) - 100% Compliance
Pre-Release and Reentry Services (PRRS) - 100% Compliance
HOW TO FILE A COMPLAINT
All information is kept confidential.
- PREA tip lines for both inmate reporting and third party reporting of sexual abuse, sexual harassment, sexual assault, and sexual misconduct are available at:
Internally to DOCR: 240-777-9855
Outside third party: 1-855-273-5609
- You may submit a report via email to firstname.lastname@example.org
Please click link to use F orm: Third Party Reporting Form
MCDOCR PREA POLICY
MCDOCR has a Zero Tolerance policy for incidences of sexual abuse within its facilities. It is the policy of the MCDOCR to provide a safe, humane, and secure environment free from the threat of sexual abuse for all inmates or residents in custody by maintaining a program that prevents, detects, responds, investigates, and tracks all alleged sexual abuse incidents.
- MCDOCR is committed to protecting inmates and residents in our custody from sexual abuse, sexual contact, sexual harassment, and sexual misconduct.
- MCDOCR has adopted the Department of Justice Title 28, Code of Federal Regulations Part 115, National Standards to prevent, detect and respond to prison rape.
- MCDOCR employs a Prison Rape Elimination Act Coordinator who is responsible for developing, implementing, and monitoring the Departments PREA programming and reporting responsibilities. This position is dedicated to serve as the Department’s point of contact with regard to all matters relating to PREA. The coordinator provides consultation and guidance to Detention Services Division and Pre-Release and Re-entry Services staff with respect to the implementation and monitoring of PREA, as well as provides oversight of PREA training to staff with the assistance of the training section. The PREA Coordinator analyzes any reported data and advises the management team on any developing trends, best practices, and lessons learned for the detection and prevention of sexual abuse, sexual harassment, sexual assault, or sexual misconduct. An annual report on this data, which is approved by the Department Director, is posted on the Department website.
- The Director appoints the Department PREA Coordinator while the Division Chiefs appoints the PREA manager of each facility.
- Each MCDOCR facility has a free and confidential PREA tip line available to inmates and residents to report incidents of sexual abuse confidentially without fear of retaliation.
- Inmates/residents receive a guidebook during their orientation that gives notice that sexual contact is prohibited and may be punishable by disciplinary action and criminal prosecution.
- In the same guidebook, the inmates/residents are directed on how to avoid becoming a target for sexual abuse.
- During the orientation, inmates/residents are given instructions on what to do if they have become a victim of sexual abuse or if they believe someone else may be a victim of sexual abuse. This includes the various methods that reports are taken and how to preserve physical evidence.
- All employees, vendors, contractors, and volunteers are required to receive training about the Department policy, Maryland State Law and Federal Law on sexual contact with inmates/residents.
- All employees, vendors, contractors, and volunteers are required to receive training on prevention, detection, responding to an incident of sexual abuse
- All employees, vendors, contractors, and volunteers are required to receive training regarding their duty to report allegations, to whom they should report to, and when they are to report any allegations of sexual abuse, sexual misconduct, sexual assault or sexual misconduct.
- Any vendor, contractor or volunteer who is authorized to have inmate or resident contact must sign an acknowledgement indicating that they have received and understand their responsibilities in preventing, detecting, and reporting any PREA incidents.
INMATE/RESIDENT CLASSIFICATION AND HOUSING
- MCDOCR is committed to providing a safe environment for inmates/residents in it’s custody.
- The Initial Intake Data from that is used during admission assists in making housing assignments based on the answers received from the inmate/resident. The objective classification module used within MCDOCR is a specialized screening instrument used to help identify possible sexual victimization and sexual abuse tendencies. Both of these instruments helps ensure the safety of the population by focusing on victim or abuser information so that appropriate housing is assigned and programming is offered.
- During admission, a comprehensive evaluation is given to the inmate/resident to identify risk factors that are associated with sexual abuse and potential victimization.
- Inmates/residents who have been identified through the screening process as a possible victim or abuser are monitored by the Classification staff as well as the Custody and Security staff to ensure safety and prevent any incidents.
DEPARTMENT RESPONSE TO PREA ALLEGATIONS
- All employees, vendors, contractors, and volunteers are required to report all allegations of sexual abuse through their chain of command, a security staff member, or their point of contact at the facility.
- First Responders ensure that the alleged abuser and victim are separated and that they both receive immediate medical attention if applicable, they are offered mental health services and they are offered Chaplin services.
- All allegations that are criminal in nature are referred to the Montgomery County Police for further investigation.
- PREA tip lines for both inmate reporting and third party reporting of sexual abuse, sexual harassment, sexual assault, and sexual misconduct are available at Internally to DOCR at 240-777-9855 or to an outside third party at 1-855-273-5609.
- You may submit a report via email to email@example.com. All information is kept confidential.
INVESTIGATION OF PREA ALLEGATIONS
- All PREA allegations that are criminal in nature are referred to the Montgomery County Police for investigation. The MCDOCR will cooperate with the investigation until it is completed.
- All administrative PREA investigations will be conducted by the MCDOCR assigned investigator.
- All investigators receive specialized training in sexual abuse investigations that occur in a confinement setting.
- All substantiated allegations of sexual abuse and sexual assault committed by inmate/resident on inmate/resident or staff on inmate/resident are referred to the local District Attorney’s Office for criminal prosecution.