AGENCY TESTIMONY
Investigation processes for sexual abuse allegations
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175 sec
The Commissioner outlines the investigation processes for sexual abuse allegations within the Department of Correction, including initial steps, timeline requirements, and the roles of different agencies.
- Allegations of staff sexual abuse are first sent to the Department of Investigation (DOI) for clearance
- PREA investigators respond to facilities, often within 24 hours, to gather evidence and speak with victims and witnesses
- Victims are immediately separated from alleged perpetrators and provided supportive services
- Preliminary reviews are completed within 72 hours, and cases are classified as PREA reportable or not
- Investigations aim to be completed within 90 days, as required by PREA standards
Lynelle Maginley-Liddie
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A CORNER stone of eliminating sexual abuse within the jails is a fair and thorough investigative process.
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As a first step, anytime an individual alleges that they were sexually abused by staff, DOC sends that information to DOE for Clarence to conduct an internal investigation.
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DOE will either allow DOC to investigate or ask DOC to stand down, and they will investigate itself.
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If the matter is cleared for investigation, pre investigations will move forward.
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They will respond to the facility the alleged incident, often within 24 hours, to speak with a victim and any potential witnesses.
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They will review Genetek video and phone calls, and the backgrounds of those involved in the allegation.
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And collect any other evidence.
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Critically, Priya investigators also ensure that the victim is immediately separated from the alleged perpetrator and receives supportive services including medical services, and a referral to mental health services.
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Following a report, pre compliance staff will tour the facility regularly as check on victims and monitor for any signs of retaliation.
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The department completes a preliminary review of all sexual abuse and harassment allegations within 72 hours of the out allegation being reported.
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Following this, allegations are assigned as prior reportable or not prior reportable as defined in the prior standards.
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Allegations that are pre reportable include any involve sexual abuse by staff, repudiated reports of sexual harassment by staff, and non consent sensual sex acts, abusive sexual contact, and sexual harassment between individuals in custody.
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Non Priya allegations include, for example, a one time allegation of sexual harassment and consensual sex acts between individuals in custody.
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I would emphasize that although an allegation might not be pre or reportable, it is still taken seriously and investigated thoroughly.
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Prius standards require that all cases must be closed within 90 days of the allegation being made If an investigation reveals criminality, the case will be referred back to DOE.
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Those cases will remain as pending until they're closed out by those parties.
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While some recent cases have exceeded the 90 day closing requirement.
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The majority of cases are closed within 90 days.
