Prison Rape Elimination Act Information

York County Prison has a zero tolerance standard for incidents of sexual harassment and sexual assault. All allegations of sexual harassment and assault will be investigated thoroughly in order to provide prompt medical and administrative intervention to those involved. While incarcerated in York County Prison, you have the right to be safe and free from sexual abuse and assault.

Reporting Options

Immigration detainees or a third party may report allegations of abuse as detailed below:

  • Report the assault to facility staff;
  • File a formal or informal grievance;
  • File a request slip;
  • Report to the ICE Field Office by telling ICE/ERO staff or file a written informal or formal request ;
  • Report to DHS or ICE Head Quarters:
    • Call ICE Community and Detainee Hotline at 1-888-351-4024: or
    • Contact the ICE Office of Professional Responsibility (OPR) Joint Intake Center (JIC) at 1-888-351-4024; or
    • Write a letter to: P.O. Box 14475, 1200 Pennsylvania, Ave. NW, Washington, D.C. 20044

Inmates or a third party may report allegations of abuse as detailed below:

  • Report the assault to facility staff;
  • File a formal or informal grievance;
  • File a request slip;
  • Inmates may contact a toll free 3rd party reporting line at 1 (844) 429-5412

You do not have to give your name to report sexual abuse or assault, but the information you can provide, the easier it will be to investigate what happened. Staff members are required to keep the reported information confidential and only discuss it with the appropriate officials on a need-to-know basis.

2018 PREA Report

  • Number of sexual harassment allegations 44
  • Number of sexual harassment investigations substantiated 11
  • Number of sexual harassment investigations unsubstantiated 28
  • Number of sexual harassment investigations unfounded 5
  • Number of sexual abuse allegations 37
  • Number of sexual abuse investigations substantiated 8
  • Number of sexual abuse investigations unsubstantiated 12
  • Number of sexual abuse investigations unfounded  16

 

PREA AUDIT REPORT     D  Interim  181 Final
ADULT PRISONS &JAILS

Date of report: July 10, 2017

Auditor Information
Auditor name: William Boehnemann Address: PO Box 552 Richmond, TX 77406 Email:
Telephone number:
Date of facility visit: June 22-26, 2017
FacilityInformation
Facility name: York County Prison
Facility physical address: 3400 Concord Rd  York, PA 17402
Facility mailing address:
Facility telephone number: 717- 840-7580
The facility is:                 D Federal                                  D State                
                    181 County
D Military                                 D Municipal                             D Private for
profit D Private not for profit
Facility type:                   D Prison                                 181 Jail
Name of facility's Chief Executive Officer: Clair Doll, Warden
Number of staff assigned to the facility in the last 12 months: 515
Designed facility capacity: 2652
Current population of facility: 2227
Facility security levels/inmate custody levels: 0-4
Age range of the population: 15-70+
Name of PREA Compliance Manager: Valerie Conway                           Title: Population Manager
Email address:                                                                                  
Telephone number:
Agency Information
Name of agency: York County Prison
Governing authority or parent agency: (if applicable) York County Prison Board of Inspectors
Physical address: 3400 Concord Road  York, PA 17402
Mailing address:
Telephone number: 717-840-7580
Agency Chief Executive Officer
Name: Clair Doll                                                                                   
              Title: Warden
Email address:                                                             
Telephone number: Agency-Wide PREA Coordinator
Name: Clair Doll                                                                                   
              Title: Warden
Email address:                                                    
Telephone number:

 PREA Audit Report                                                                 1

AUDIT FINDINGS

 

NARRATIVE

A Prison Rape Elimination Act Audit of York County Prison was conducted from June 22, 2017 to June
26, 2017. The purpose of the audit was to determine compliance with the Prison Rape Elimination Act
standards which became effective August 20, 2012.

An entrance meeting was held June 22, 2017 the first morning of the onsite audit with Warden Clair
Doll, PREA Coordinator for York County Prison.

The auditor wishes to extend its appreciation to Warden Doll and his staff for the professionalism
they demonstrated throughout the audit and their willingness to comply with all requests and
recommendations made by the auditor.

The auditor would also like to recognize PREA Compliance Manager/Program Manager Valerie Conway for
her hard work and dedication to ensure the facility is compliant with all PREA standards.

After the entrance meeting, the auditor was given a tour of all areas of the facility, including;
all general population housing units, segregated housing units, control centers, intake area,
medical services and infirmary, officer dining room, kitchen, maintenance area, library, law
library, chapel, classrooms, barber shop, commissary, laundry, administrative offices, and
visitation areas. During the tour, several informal interviews were conducted with inmates and
staff throughout the facility.

A total of 43 staff were interviewed with at least one staff member interviewed from each interview
category, with the exception of the Agency Contract Administrator (no housing contracts are in
place for housing York County Prison inmates in other facilities) and the interviews related to
non-medical staff involved in cross- gender searches (these interview types were not applicable to
this facility), staff interviews were conducted with staff from all three shifts.

A total of 52 inmates were interviewed with at least one inmate interviewed from each interview
category, with the exception of the interviews related to inmates placed in segregated housing for
risk of sexual victimization (this interview type was not applicable to this facility).

A telephone interview was conducted with the SAFE/SANE staff from York Hospital.

The count on the first day of the audit was 2,196. The count on the final day of the audit was
2,227.

The auditor provided a Notification letter to be posted in all housing units and throughout other
areas of the Prison prior to the site visit. This Notification Letter was provided to the facility
on April 8, 2017 and was dated and posted May 1, 2017. This allowed for over seven weeks of
notification to the inmates prior to the date of the site visit (June 22-26, 2017).  During the
site visit, the notification was observed to be posted in all housing units and common areas of the
prison, including those areas available and accessible by the public.
One letter was received by the auditor during the pre-audit and was written by an inmate. This
inmate was interviewed during the site visit and his concerns had been addressed prior to my
arrival by the prison staff. The Prison PREA Compliance Manager submitted the Pre-audit
Questionnaire to the auditor prior to the site visit and provided the auditor ample time for review
prior to the site visit. Throughout the pre-audit and onsite audit, open and positive communication
was established between the auditor and facility staff. During this time, the auditor provided
minor suggestions to improve current practices within the Prison’s current operations and record
keeping procedures. During the site visit, the auditor conducted informal interviews with inmates
and staff during the tour of the facility. Informal interviews revealed a general knowledge of

PREA Audit Report                                                              2

PREA, the facility’s policies/procedures being adhered to, and the retention of training by both
staff and imates that were spoken to.  Any concerns were addressed to the auditor’s satisfaction
prior to the completion of the Final Report.
When the site visit was completed, the auditor conducted an exit briefing on June 26, 2017. The
auditor gave an overview of the audit and thanked the staff for all their hard work and commitment
to the Prison Rape Elimination Act. Present during the exit briefing were the following: Warden /
PREA Coordinator Clair Doll and Population Manager / PREA Compliance Manager Valerie Conway.

 PREA Audit Report                                                              3


DESCRIPTION OF FACILITY CHARACTERISTICS

York County Prison is a County Jail Facility located in York, Pennsylvania. The facility’s current
Warden is Clair Doll. There are around 2,300 inmates housed in the facility. The original York
County Prison was built in 1906, and opened in 1907. This facility closed in 1979 when the newly
constructed facility was opened. The facility has a masonry exterior, housing male and female
offenders. There have been multiple projects throughout the years to include expansion of inmate
housing and a new kitchen to better handle the increasing inmate population. Expansions include
1992: East Block/New North Block/New South Block/and Female Main, 1998: Immigration Wing, 2006: M
Block/Main Medical/and Kitchen, 2012: 312 bed Work Release Center. The secure prison totals
approximately 600,000 square feet, which includes 44 blocks or units. Additionally, a 312 bed work
release facility was built to house male and female inmates for work release, minimum security and
re-entry programming. The prison’s mission is to house in a safe and humane manner all adult
offenders and to provide inmates with the opportunity to participate in programs that will
successfully help them reintegrate into the community. Inmates may be pre-trial detainees awaiting
trial or those already sentenced by the Court of Common Pleas. The prison also houses federal
immigration   detainees in the custody of U.S. Immigration and Customs Enforcement and inmates for
the Pennsylvania Department of Corrections and the Pennsylvania Board of Probation and Parole. The
prison is overseen by the York County Prison Board. Some of the security features in this facility
include security cameras, electronic detection and reinforced fencing topped with razor wire.
Correctional Officers in York County Prison are armed with mace and trained to use physical force
to protect themselves and other inmates from violence. Supervisor are now issued a body-worn camera
to assist in capturing video during certain movements of inmates and incidents.

The men, women, and youthful inmates being held in the York County Prison are either awaiting trial
or have been sentenced in the York County Court System already and been sentenced to a period of
time of one year or less. When an inmate is sentenced to a year or more, they are admitted into the
Pennsylvania Prison or Federal Prison System. Inmates in the York County Prison are fed three meals
a day totaling 2,500 calories, are allowed access to phones to contact friends and family members,
are allowed at least one hour a day for exercise, have access to books, bathroom and shower
facilities. The inmates are allowed mail to be delivered to them as well as newspapers and magazine
from trusted outside publishers. To help inmates prepare themselves to rejoin the wider community,
York County Prison offers a wide range of work and treatment programs. These are indicated below in
the section “Academic and Vocational Eduaction”.

York County Prison incorporates several different housing unit types into the facility design.
These include, podular direct and indirect supervision, dormitory housing units, and some linear
housing units. There are two buildings containing 170 administrative and disciplinary segregation
cells, 7 single cell housing units, 22 dormitory style housing units, and 44 multiple occupancy
housing units.


Inmate Population: 2,227 (on June 25, 2017) Number of Employees: 519


Treatment and Reentry Programs:

Criminal Thinking and Anger Management Programs Thinking for a Change
Violence Prevention

PREA Audit Report                                                              4

Education Programs

Adult Education High School Program
English as a Second Language GED
Heating, Ventilation and Air-conditioning Certification (HVAC) Culinary Program
Drug and Alcohol Services Alcoholics Anonymous Freedom Program Celebrate Recovery
Offender Reentry Programs Batterer’s Intervention Career Development
Community Orientation and Reentry Community Reentry
Individual Risk Reduction Counseling Life Skills
Nutrition Links Classes
Parenting Programs

Parenting Solutions

Read to Me Program

Medical and Mental Health Assistance

 

PREA Audit Report                                                              5


SUMMARY OF AUDIT FINDINGS

After reviewing all information provided during the pre-audit and onsite audit, staff and inmate
interviews, as well as visual observations made by the auditor during the facility tour, the
auditor has determined the following:


Number of standards exceeded: 5 (115.11, 115.17, 115.18, 115.33, and 115.54)

Number of standards met: 38
(115.12, 115.13, 115.14, 115.15, 115.16, 115.21, 115.22, 115.31, 115.32, 115.34, 115.35, 115.41,
115.42, 115.43, 115.51, 115.52, 115.53,
115.61, 115.62, 115.63, 115.64, 115.65, 115.66, 115.67, 115.68, 115.71, 115.72. 115.73, 115.76,
115.77, 115.78, 115.81, 115.82, 115.83,
115.86, 115.87, 115.88, 115.89)

Number of standards not met: 0

Number of standards not applicable:

 PREA Audit Report                                                              6


Standard 115.11 Zero tolerance of sexual abuse and sexual harassment; PREA Coordinator

☒    Exceeds Standard (substantially exceeds requirement of standard)

☐    Meets Standard (substantial compliance; complies in all material ways with the standard for
the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison has a zero tolerance standard for incidents of sexual harassment and sexual
assault. The allegations of sexual  harassment and sexual assault will be investigated thoroughly
in order to provide prompt health intervention to those involved, prosecution   or disciplinary
action against the perpetrators, while being sensitive to the needs of the victim. The Prison has
implement federal Prison Rape Elimination Act (PREA) Standards to ensure that all aspects of
operations work toward preventing, detecting and responding to such conduct resulting in a safer
environment.

York County Prison has received accreditations from the National Commission on Correctional Health
Care (NCCHC) and from the Pennsylvania Department of Corrections. The PA DOC found York County
Prison to meet or exceed all areas during the December 2016 inspection. As a result of this
accomplishment, York County is exempt from 2017 inspection year.

Definitions of prohibited behaviors regarding sexual abuse and sexual harassment were located in
section I of the agency’s Sexual Abuse and Assault Prevention and Intervention Policy (SAAPI).

Sanctions for those found to have participated in prohibited behaviors were located in section IV
Sexual Harassment of Inmates -b (Discipline) of policy SAAPI, this covers both inmates and
discipline related to sexual abuse, sexual harassment, and retaliation for employees.

York County Prison’s PREA Coordinator currently holds the rank/title of Warden. The PREA
Coordinator is responsible for developing, implementing and overseeing agency efforts to comply
with the federal PREA Standards within the Prison. The PREA Coordinator has the authority to make
necessary decisions to ensure compliance, and reports directly to the Warden. (The PREA Coordinator
has recently been promoted to Warden, and there has not been named a replacement as of the date of
this report. The Warden has continued with the duties of PREA Coordinator until a replacement is
can be named and has the continued assistance of the PREA Compliance Manager during this transition
period).

York County Prison’s Population Manager has been designated as the PREA Compliance Manager for the
agency and has been given sufficient time and authority to coordinate that facility’s compliance
with department policy and federal PREA Standards. The PREA Compliance Manager reports to the
Deputy Warden of Treatment/PREA Coordinator (at this time currently the Warden until a replacement
is named).

Interviews with the PREA Coordinator indicates he is allotted ample time to oversee the agency’s
efforts to ensure PREA compliance within the Prison. There is one PREA Compliance Manager that
reports to the PREA Coordinator. The PREA Compliance Manager stated she also has ample time to
manage her PREA related responsibilities. The PREA Coordinator communicates with the PREA
Compliance Manager   on a regular basis to ensure compliance is being monitored. During staff
interviews, it was noted that the general atmosphere and culture of this facility had truly
embraced the zero-tolerance stance towards sexual abuse and harassment of inmates confined here.

This is a single facility agency and is not requiremed to have both a PREA Coordinator AND a PREA
Compliance Manager. However, York County Prison does have an assigned person for each of these
positions. In addition; during the site visit it was learned that the facility treats all
allegations of officer harassment towards inmates seriously and considers a SINGLE incident as
harassment (where the PREA standards define harassment as “Repeated verbal comments or gestures of
a sexual nature to an inmate, detainee, or resident by a staff member, contractor, or volunteer,
including demeaning references to gender, sexually suggestive or derogatory comments about body or
clothing, or obscene language or gestures). This agency has also adopted their zero tolerance
stance towards sexual abuse and sexual harassment as a change in the prison culture and all staff
have accepted this culture change as being normal practice in today’s prison/jail environment. With
this noted, a rating of ‘Exceeds Standard’ is earned.

 PREA Audit Report                                                              7


Standard 115.12 Contracting with other entities for the confinement of inmates

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒    Meets Standard (substantial compliance; complies in all material ways with the standard for
the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison has not entered into any contracts with other entities for the confinement of
their inmates, therefore this standard does not directly apply to this facility. This was confirmed
during the site visit interview with the Warden.


Standard 115.13 Supervision and monitoring

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.


The Agency develops, documents and makes its best efforts to comply on a regular basis, but no less
than once a year, with a staffing plan that provides for adequate levels of staffing. Where
applicable, video monitoring is utilized to protect inmates against sexual abuse. The most recent
staffing plan is predicated on an inmate population of 2300.

In calculating adequate staffing levels and determining the need for video monitoring, the Agency
takes into consideration the following:

1) Generally accepted detention and correctional practices;

2) Any judicial findings of inadequacy;

3) Any findings of inadequacy from Federal investigative agencies;

4) Any findings of inadequacy from internal or external oversight bodies;

5) All components of the facility’s physical plant (including “blind-spots” or areas where staff or
inmates may be isolated);

6) The composition of the inmate population;

7) The number and placement of supervisory staff;

8) Facility programs occurring on a particular shift;

9) Any applicable State or local laws, regulations, or standards;

 

PREA Audit Report                                                              8


10) The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and

11) Any other relevant factors.

During this audit cycle, there were no documented deviations from the staffing plan.

In circumstances of non-compliance with the staffing plan, the Compliance Manager will document, in
writing, and justify all deviations from the plan. This documentation will be forwarded to the
Deputy Warden/PREA Coordinator (currently the Warden).

Whenever necessary, but no less frequently than once a year, each facility shall assess, determine
and document whether adjustments are needed to:

1) The facility’s deployment of video monitoring systems and other monitoring technologies; and

2) The resources the facility has available to commit to ensure adherence to the staffing plan.

The annual reviews will be conducted in consultation with the PREA Compliance Manager and the PREA
Coordinator, with input from other key areas within the facility. During the pre-audit, the
facility provided the auditor with the most recent staffing plan, which was drafted and approved in
2016. During the site visit, the auditor was advised the Prison has recently completed their new
staffing plan and is awaiting finalization/approval by the Prison Board. The auditor was able to
view the unofficial staffing plan during the site visit (unofficial since awaiting final approval
form Prison Board).

Policy SAAPI section II-d: Prison staff, volunteers and visiting officials shall announce their
presence when entering a housing unit of the opposite gender. This announcement may be made by the
individual officer entering the housing unit and if needed is repeated by the security officer
working the housing units (for direct supervision housing units).

During the pre-audit, the auditor was provided with documentation from the PREA Coordinator in
accordance with PREA standard 115.13, intermediate and higher level staff will be conducting
unannounced rounds in the housing units. During the pre-audit, the auditor was provided with
documentation showing that numerous intermediate-level and upper-level supervisors have made
unannounced rounds throughout the facility. Documentation shows the unannounced rounds have
occurred on all three shifts. During the site visit, the auditor verified these rounds are being
conducted by viewing the housing unit log books. Supervisors enter “UAR” when they sign the log
books designating that round as the unannounced round. Rounds are being conducted regularly and on
all three shifts.

Staff interviews indicate the facility has developed a staffing plan based on the requirements
under PREA. The PREA Coordinator is consulted regarding assessments and/or adjustments to the
staffing plan. Interviews further indicate unannounced rounds are being conducted by
intermediate-level and higher-level facility staff on a regular basis. These rounds are occurring
daily on all three shifts. Unannounced rounds are documented in the York Prison Log Books as “UAR”.
Supervisors stress to staff they are prohibited from alerting other staff of the unannounced rounds
being conducted. Failure to comply with this directive may result in disciplinary action. During
the tour of the housing units, these unannounced rounds were verified by the auditor by reviewing
the York Prison Log books.

 

Standard 115.14 Youthful inmates

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison does maintain housing for youthful inmates. Policy SAAPI section I-q defines a
youthful inmate as: Any person under the age of 18 who is under adult supervision and incarcerated
or detained in a prison or jail. York County Prison has a                  that is only used for
youthful inmates. The pod is in a block with adult male inmates, but the dayroom, shower and cells
are separate from the


PREA Audit Report                                                              9


adults. Their recreation is separate from the adults. When the youthful inmates are out of cell
they are under direct escort by a Corrections Officer, whether it is to go to medical, participate
in a program, etc. Youthful inmates who cannot be managed in that unit (solely because of violent
disruptive behaviors) are then segregated for their disciplinary offenses. There have been no
youthful inmates placed in segregated housing for the sole reason of separating them from adult
inmates. York County Prison Warden issued a memorandum dated 6/24/2014 designating the code YI (for
youthful inmate) in the Prison database, and designating East F Pod as the housing unit for
youthful inmates.
Other directives outlined in this memorandum include escorting procedures for youthful inmates when
outside of the housing unit, specific recreation times and locations so as to not permit adult
inmate interaction. Youthful inmates are allowed to participate in programs with adult inmates only
if they are directly supervised by a Corrections Officer. Visitation time blocks have also been
designated for youthful inmates to prevent adult inmate interaction (these times are also noted on
the Prison’s website).

A Memorandum dated 2/19/2015 issued by the Deputy Warden-Treatment designates specific housing for
youthful inmates having to be placed into disciplinary or administrative segregation and those
youthful inmates on medical or suicide precautions.

Interviews with staff and youthful inmates indicate sight and sound separation is being achieved in
the youthful housing unit and any time a youthful inmate is in a program or other activity that
allows them to interact with an adult inmate, there is always a correctional officer present.
Youthful inmates are allowed access to regular particiapation in programs and activities without
interference due to sight and sound requirements. Youthful inmates have direct staff escorts at any
time they are are outside of their housing units.


Standard 115.15 Limits to cross-gender viewing and searches

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒    Meets Standard (substantial compliance; complies in all material ways with the standard for
the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

In the past 12 months, there have not been any cross-gender strip or cross-gender visual body
cavity searches of inmates.

York County Prison policy SAAPI section II-c. Cross Gender Searches states that female corrections
officers shall conduct pat down searches for female inmates, except in exigent circumstances. Strip
searches (physical search and viewing) shall be conducted by Corrections Officers of the same sex
as the inmate being searched except in exigent circumstances. Strip searches shall not be conducted
by prison staff to solely determine the gender of an inmate. If prison staff has concerns regarding
the gender of an inmate, they shall notify their supervisor. The supervisor shall coordinate with
the medical authority to have the inmate evaluated by a licensed medical professional to determine
the gender of the inmate. Only a licensed medical professional shall conduct body cavity searches,
and searches of all types shall be conducted in accordance with prison procedures and training to
include the cross-gender searching requirements.

During the pre-audit, the auditor was provided a memorandum drafted by the Deputy Warden of
Treatment dated 4/29/2013 regarding limits to cross-gender viewing. The memorandum was issued to
all staff to reinforce and provide further direction to male staff entering a female housing area
and to female staff entering a male housing area. The memorandum included instruction for staff to
announce their presence when entering the housing area of an inmate of the opposite gender of the
staff member. The purpose of the directive was to provide inmates of the opposite gender of staff
entering the housing unit, to be able to dress if showering, toileting, etc.

This announcement is made by the individual entering the housing area and may be repeated if
necessary by the officer working the housing unit in direct supervision housing units.

Training logs were provided to the auditor during the pre-audit and 100% of staff have received
training on cross-gender pat down searches and searches of transgender and intersex inmates in a
professional and respectful maner, consistent with security needs.

Interviews with random staff indicates staff are well aware of the prohibition of conducting strip
searches on transgender inmates for the sole purpose of determining their genital status.
Interviews with both staff and inmates indicate when female staff enter the male housing units or
when male staff enter female housing, an announcement is made of their presence and the inmates are
rarely naked in full view of the opposite gender staff (when this occurs it appears to be
completely accidental and extremely rare).  This was also verified theough inmate


PREA Audit Report                                                             10


interviews and the inmates also stated announcements are made by opposite gender staff prior to
entering the housing units. Interviews with transgender inmate indicated they have not been
strip-searched for the sole purpose of determinieg gender.


Standard 115.16 Inmates with disabilities and inmates who are limited English proficient

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

In the past 12 months, there have not been any instances where inmate interpreters, readers, or
other types of inmate assistants have been used. PREA information in Spanish is available and given
to Spanish speaking inmates. This is included in the inmate training/orientation and the inmate
signs for receiving this information. Several informative brochures are posted in the housing units
in Spanish in order to inform the inmates of PREA policies and reporting information. There is an
agreement in place for utilizing a language line (through their ICE contract) this number was
verified as a viable means for interpretation services during the site visit. A staff interpreter
was used to interview a Spanish speaking only inmate (for Disabled/LEP questions and Random
Questions). Another interview was conducted utilizing a staff interpreter to conduct an interview
of a Spanish speaking inmate that has reported a sexual abuse. The first inmate was able to convey
knowledge of facility PREA policies and practices and stated he did receive information regarding
PREA upon his arrival and during the intake process. The second inmate was able to conduct is
interview and answer all questions with the help of the staff interpreter.

The agency also utilizes a translation service (Digrotulla Translation Service) for translating
documents (this is the source used for their PREA informational handouts and postings that are in
Spanish).

The interview with the Agency Head indicates the Prison has access to the TTY phone for the hearing
impaired, a language line service for non-English speaking inmates, staff interpreters, and
provides handouts and inmate handbooks in both English and Spanish.


Standard 115.17 Hiring and promotion decisions

☒    Exceeds Standard (substantially exceeds requirement of standard)

☐    Meets Standard (substantial compliance; complies in all material ways with the standard for
the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

Consistant with the Prison Rape Elimination Act (PREA), York County Prison Policy SAAPI II-b
Employment prohibits hiring or promoting anyone who may have contact with inmates and prohibits
enlisting the services of any contractor who may have contact with inmates who:

1.   has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, or
other correctional institution;

2.   has been convicted of engaging or attempting to engage in sexual activity in the community
facilitated


PREA Audit Report                                                             11


by force, overt or implied threats of force, or coercion, or if the victim did not consent or was
unable to consent or refuse;

3.   has been civilly or administratively adjudicated to have engaged in the activity described
above;

4.   any employee, contractor, or volunteer who has failed to report such conduct in II,b.,1,2,3,
shall be grounds for termination.

All empoloyees, volunteers, and contracted service providers who have inmate contact must have a
criminal background completed to determine if the individual had committed or was convicted of
crimes of sexual abuse or assault. If so, their security clearance shall be denied. Background
checks shall be completed prior to the individual being allowed to enter the secured facility and
have inmate contact.

Criminal background checks shall be completed by the PREA Compliance Manager for every employee at
least every five years. Contractors and volunteers shall be required to submit a criminal record
check to the PREA Complinace Manager every five years at their cost.

In the past 12 months there were 37 persons hired who may have contact with inmates who had a
criminal background record check.

In the past 12 months, there were 28 contracts for service where a criminal background record check
was conducted on all staff covered in the contract who might have contact with inmates.

Interviews with the Human Resources staff indicate criminal background checks are conducted on all
newly hired employees. Through interviews with Administrative Staff, it was discovered the Agency
utilizes “JNET,” which notifies them immediately, anytime a staff member is arrested. This system
is real-time; therefore, documented background checks for employees every 5 years is not necessary.
The availability of the immediate notifications regarding any criminal activity by staff exceeds
the requirements of this standard. As indicated in the rating above.


Standard 115.18 Upgrades to facilities and technologies

☒         Exceeds Standard (substantially exceeds requirement of standard)
☐    Meets Standard (substantial compliance; complies in all material ways with the standard for
the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison currently has                                                                   
                                                        . In the past three years, the
Prison added                                               enhance security, improve their ability
to investigate incidents and deter acts of abuse/prison rule violations. Additionally, the Prison
has equipped their shift supervisors with                               to record incidents,
immediate uses of force, etc. Several new cameras were added since the previouse PREA audit and
more are planned for the coming year.


During the on-site portion of the audit, the auditor was shown the main control areas and various
camera views available. At no time did the auditor notice any camera views that compromised the
immediate privacy of any inmate (such as shower stall views, toilet areas,areas to change
clothing). All inmates are afforded adequate privacy to perform the aforementioned personal hygiene
tasks.

The auditor was presented with documentation describing planned video technology additions that
will be completed during this year.
will be added that will help to ensure potential blind spot areas are now being monitored by video
technology, as well as the security rounds in specific areas.

 PREA Audit Report                                                             12


Standard 115.21 Evidence protocol and forensic medical examinations

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

The facility is responsible for conducting both administrative and criminal investigations. York
County Prison has two supervisors on site whom are trained in investigating allegations of sexual
abuse and assisting other supervisors with investigations. While they have training to conduct
criminal investigations, they do not have the authority to make arrests. They act as the primary
investigators for the administrative investigations and work closely with the Pennsylvania State
Police who are called in to conduct the actual criminal investigation. The PREA Coordinator also
has training to conduct these investigations and does the same as the three supervisors on certain
cases.

Forensic Medical Examinations are offered at York Hospital and are conducted by SANEs.

Treatment services shall be provided to the victim without financial cost and regardless of whether
the victim names the abuser or cooperates with any investigation arising out of the incident.
During the pre-audit, the auditor was provided documentation stating an MOU   iagreement hasnot
been reached between the agency and York Hospital, but documentation showing efforts to establish
an MOU were provided. The agreement contains language stating the hospital agrees to conduct
forensic examinations on victims of sexual abuse if presented within 96 hours, and those
examinations will be conducted by SANEs/SAFEs.

The auditor conducted a phone interview with the SAFE/SANE representative for the hospital and was
advised any inmate brought to the hospital, and in need of a forensic exam, would receive such
exam. The auditor was advised by the SAFE/SANE representative that York Hospital has 7 full time
trained SAFE examiners, and two additional SAFE examiners that are in a “pool” to be called on if
necessary.
There is always a SAFE/SANE examiner available to conduct forensic examinations through the
rotation and “pool” availability. Within the last 12 months, there have been no inmates sent to
York Hospital for SAFE/SANE medical examination. During the interview with the SAFE nurse manager
at York Hospital, she advised that the SAFE Program will provide victim advocate services to any
inmate brought to the facility and no exam/process would begin prior to the arrival of the victim
advocate. The auditor also contacted YWCA and was advised by their representative they have staff
available to respond and provide victim advocate services in the event an inmate was sexually
abused. Additionally, the agency makes referrals for follow up counseling through the local YWCA
Victim Services. Any follow up or continuity of care is provided by the hospital, which the
agency medical provider coordinates.

Interviews with a random sample of staff indicate the majority of staff remembered receiving
training regarding preservation of evidence. Most indicated that for any incident, a supervisor
would be called immediately and would take over the scene and incident. The staff interviewed
indicated they would not be making the decisions about preserving evidence, rather providing
support for the supervisor or investigator and following any orders or instructions given.


Standard 115.22 Policies to ensure referrals of allegations for investigations

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒    Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific

 PREA Audit Report                                                             13


corrective actions taken by the facility.

York County Prison Policy SAAPI Section VII- Response To and Investigation Of a Report of Sexual
Assault/Abuse: within this section it states that all allegations of sexual contact must be
reported on an Officer’s Daily Report and verbally to a supervisor immediately. The supervisor
shall conduct the initial investigation in accordance with Section VII-c of this procedure. Every
complaint and allegation of  sexual contact with an inmate or detainee shall be taken seriously and
reported to the Pennsylvania State Police (PSP) for investigation based on the results of the
preliminary investigation. The investigating supervisor shall contact PSP at the conclusion of the
preliminary investigation and request further investigation by the PSP to be investigated promptly,
thoroughly, and objectively.

During the past 12 months, there have been 65 allegations of sexual abuse and/or sexual harassment
that were received. Of these, 64 were referred for administrative investigation. Of those 65, 13
cases were also referred for criminal investigations. Five of the 13 are still pending.

The agency documents all referrals of allegations of sexual abuse or sexual harassment for criminal
investigation. Interviews indicate all criminal investigations are conducted by the Pennsylvania
State Police (PSP). Administrative interviews are conducted by trained facility staff. During the
site visit, the auditor reviewed approximately 30 investigations. Allinvestigations were conducted
by trained facility staff and/or by the Pennsylvania State Police where applicable. All
investigations were conducted thoroughly and in a timely manner.


Standard 115.31 Employee training

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒   Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison policy SAAPI Section V-c Training states staff, volunteers, and contract
employees shall receive training about PREA and this policy and procedure during the basic training
academy or PREA orientation session and as part of staff, volunteers and contract employee’s annual
required training/orientation hours. All are informed that sexual contact with an inmate is
prohibited and that an inmate has a right to report if sexual contact occurs, through the basic
PREA training. This training will include, at a minimum, the following information:

1) The zero tolerance policy against sexual abuse and sexual harassment within the Department;

2) How staff are to fulfill their responsibilities under the Department’s sexual abuse and sexual
harassment prevention, detection, reporting and response policies and procedures as defined in this
policy;

3) Inmates’ right to be free from sexual abuse and sexual harassment;

4) The right of inmates and employees to be free from retaliation for reporting sexual abuse and
sexual harassment;

5) The dynamics of sexual abuse and sexual harassment in confinement;

6) The common reactions of sexual abuse and sexual harassment victims;

7) How to detect and respond to signs of threatened and actual sexual abuse;

8) How to avoid inappropriate relationships with inmates;

9) How to communicate effectively and professionally with inmates, including LGBTI or gender
non-conforming inmates; and

10) How to comply with relevant laws of Pennsylvania related to mandatory reporting of sexual abuse
to outside authorities.


PREA Audit Report                                                             14


A review of the Prison’s PREA Course Lesson Plan/Power Point slides indicates all topics above are
covered during training. Training is tailored to the gender of the inmates at the facility (both
male and female inmate population and staff).
During the pre-audit, the auditor was provided documentation showing that all current employees
have received their annual PREA training. This documentation is maintained by the Training
Department or assigned coordinator. Medical contract service providers shall provide medical
training in compliance with PREA standards and document that training accordingly. This training is
mandatory and all employess having contact with inmates are required to complete the training. In
the past 12 months, there have been       staff employed by the facility, who may have contact with
inmates who were trained on the PREA requirements enumerated above. This equates to 100% of all
staff, who may have contact with inmates.

Annually, staff will receive refresher training and during the interim, employees are notified of
procedure or training updates via memorandum, update policy/procedure manuals, and/or via the
assignment board.

Random staff interviews indicate staff had received the required PREA training and are knowledgable
regarding the Prison’s PREA policies and procedures.


Standard 115.32 Volunteer and contractor training

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒    Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison policy SAAPI Section V-c Training states staff, volunteers, and contract
employees shall receive training about PREA and this policy and procedure during the basic training
academy or PREA orientation session and as part of staff, volunteers and contract employee’s annual
required training/orientation hours. All are informed that sexual contact with an inmate is
prohibited and that an inmate has a right to report if sexual contact occurs, through the basic
PREA training. This training will include, at a minimum, the following information:

1) The zero tolerance policy against sexual abuse and sexual harassment within the Department;

2) How staff are to fulfill their responsibilities under the Department’s sexual abuse and sexual
harassment prevention, detection, reporting and response policies and procedures as defined in this
policy;

3) Inmates’ right to be free from sexual abuse and sexual harassment;

4) The right of inmates and employees to be free from retaliation for reporting sexual abuse and
sexual harassment;

5) The dynamics of sexual abuse and sexual harassment in confinement;

6) The common reactions of sexual abuse and sexual harassment victims;

7) How to detect and respond to signs of threatened and actual sexual abuse;

8) How to avoid inappropriate relationships with inmates;

9) How to communicate effectively and professionally with inmates, including LGBTI or gender
non-conforming inmates; and

10) How to comply with relevant laws of Pennsylvania related to mandatory reporting of sexual abuse
to outside authorities.


PREA Audit Report                                                             15


A review of the Prison’s PREA Course Lesson Plan/Power Point slides indicates all topics above are
covered during training. Training is tailored to the gender of the inmates at the facility (both
male and female inmate population and staff).
In the past 12 months, there have been 69 volunteers and contractors who have been trained in
agency policies and procedures regarding sexual abuse/harassment prevention, detection, and
response. All volunteers and contractors who have contact with inmates have been notified of the
agency’s zero-tolerance policy regarding sexual abuse and sexual harassment and informed how to
report such incidents.

During the pre-audit, the auditor was provided with a sample of documentation confirming that
volunteers/contractors understand the training they have received, and documentation in the form of
training logs were provided as evidence of their training. Interviews with Volunteers/Contractors
indicate Volunteers and Contractors are provided with PREA education including the agency’s zero
tolerance policy as well as to whom they would forward any sexual abuse reports. In the case of
medical/mental health contracted staff, they also receive additional training specific to their
areas of expertise, pertaining to PREA (see specialized training: Medical and mental health care).


Standard 115.33 Inmate education

☒    Exceeds Standard (substantially exceeds requirement of standard)

☐    Meets Standard (substantial compliance; complies in all material ways with the standard for
the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI Section II-f: Inmate Notification of Sexual Abuse and Prevention
Policy states inmates shall be notified of the prison’s Sexual Abuse and Prevention Policy during
the prison orientation process, via inmate handbook and through posters located in each housing
unit. These are to include (at a minimum) Zero Tolerance prevention and intervention, definitions
and examples of sexual abuse, explanation of ways to report sexual abuse and assault,
self-protection, prohibition against retaliation, and treatment and counseling.

This information shall be provided in formats accessible to all inmates, including those who are
limited English proficient, deaf, visually impaired, or otherwise disabled, as well as to inmates
who have limited reading skills.

During the orientation process, all inmates shall receive information explaining the zero tolerance
policy regarding sexual abuse and sexual harassment, and how to report incidents or suspicions of
sexual abuse, sexual harassment or retaliation, and what to do if he/she is the victim of sexual
abuse, sexual harassment or retaliation. All inmates will be shown a power point presentation
regarding their rights to be free from sexual abuse, sexual harassment, and retaliation. They will
also be provided information regarding agency policies and procedures for responding to such
incidents. Inmate education may be provided to inmates individually or in groups. Once the training
has been completed, the inmates are asked if they fully understand the orientation and shall
acknowledge their understanding by signing a signature sheet. This signature sheet
is titled York County Prison, Inmate Orientation to Preventing and Reporting Sexual Assault and
Abuse in the Correctional Setting. Copies of this form were provided to the auditor during the
pre-audit, with inmate signatures included.

The PREA powerpoint presentation, “York County Prison-Prison Rape Elimination Act Inmate and
Detainee Orientation is adequate in content to fulfill all areas of the inmate training
requirements. This Power Point presentation was provided to the auditor during the pre-audit and
reviewed by the auditor for content.

The PREA video played during intake is also played every day at 5:00pm over the inmate television
channel.

During the past 12 months, 13,197 inmates were admitted and received such information at intake;
representing 100% of inmates entering the facility. Of these, all received comprehensive education
on their rights to be free from both sexual abuse/harassment and retaliation for reporting such
incidents and on agency policies and procedures for responding to such incidents within 30 days of
intake.

Additional information about the agency’s PREA policies is continuously and readily available or
visible through posters, inmate handbooks, and other written formats. During the pre-audit, the
auditor was provided with a copy of the inmate handbook, PREA inmate


PREA Audit Report                                                             16


educational posters, PREA staff educational material, and various memorandums that have been posted
for inmates and correctional staff..

During an interview with a member of the intake staff, it was discovered all incoming inmates are
provided with PREA education through the inmate handbook, PREA supplement information, and posters,
immediately upon intake. All inmates also receive comprehensive PREA education during the inmate’s
orientation. During informal interviews and formal interviews with inmates, the auditor was able to
verify the inmates have been receiving PREA training and are knowlegable on reporting and the
services available to them. Inmates also indicated that they receive the initial PREA information
the upon arrival, then are given additional materials/information within 3 days, and they play a
video every afternoon on the tv channel. They also have information posted on all of the bulletin
boards throughour the jail that has PREa information on it, and they can view this information at
any time.

For the prevelance of inmate education available and especially with playing the inmate PREA video
daily, this earns the rating of ‘Exceeds Standard’.

 

 Standard 115.34 Specialized training: Investigations

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

The agency has three investigators currently employed who have completed the required training for
investigating sexual assaults/abuse in a confinement setting. During the pre-audit, the auditor was
presented supporting documentation in the form of training logs from the course “PREA Training for
Corr. Investigators COUNTY #1402” that was held through Pennsylvania Department of Corrections.

During interviews with facility investigators, the investigators acknowledged receiving the
training specific to PREA requirements. Investigators were knowledgeable that any case that
appeared to be criminal would be referred for criminal prosecution (utilizing PSP). Investigators
also acknowledged using a preponderance of evidence as the standard of evidence used to
substantiate allegations of sexual abuse and sexual harassment.


Standard 115.35 Specialized training: Medical and mental health care

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

As is stated in York County Prison Policy SAAPI Employee education, all staff including contractors
and volunteers receive the same training, In addition to the common training for all employees,
Section V-c, v states that all trainings shall be documented and maintained


PREA Audit Report                                                             17


by the Training Department or assigned coordinator. Medical contract service providers shall
provide medical training in compliance with PREA Standards and document that training accordingly.

During the pre-audit, the auditor was advised 60 out of 60 medical and mental health care
practitioners who work regularly within the facility have received the training required by agency
policy. This equates to 100% of all medical and mental health staff who work regularly within the
facility.

Agency medical staff at this facility do not conduct forensic medical examinations. Such
examinations are conducted at York Hospital.

Interviews with the medical and mental health staff indicate they were given the initial PREA
training that is the same as what is given to all security staff employed at the facility. Medical
staff were also provided three hours of PREA training more specific to their profession (PREA:
Medical Health Care for Sexual Assault Victims in a Confinement Setting) in addition to receiving
numerous training handouts, meetings regarding PREA and informational emails. During the pre-audit,
documentation was provided showing minutes/agenda for mandatory staff meetings (medical) in which
one block was specifically for Sexual Assault Training (this included reviews for: Procedure In the
Event of a Sexual Assault Policy, Response to Sexual Abuse Policy, and Federal Sexual Abuse
Regulations Policy) Certificates of completion were also provided to the auditor for the three
hours of specialized PREA training provided to medical / mental health staff.


Standard 115.41 Screening for risk of victimization and abusiveness

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI Section V- Sexual Abuse/Sexual Harassment Prevention and Training
states all inmates shall be assessed during the intake screening process by The Medical Department
and Intake Counselor. The inmates are screened for potential victimization and predatory behaviors
using the prison assessment tool. Assessment shall occur within 12 hours by the Medical Department
and then within 72 hours of admission by a counselor. Screening and prevention shall be ongoing by
prison staff based on request, referral, or additional information received. If an inmate is deemed
to be sexually vulnerable he or she shall be offered protective custody. If the inmate refuses,
their custody level is evaluated and overridden if necessary in order to ensure the inmate is
classified with appropriate inmates.
If an inmate is determined to be an institutional sexual predator, the classification committee
determines appropriate housing to ensure separation between them and potential victims. If an
inmate has a history of victimization or is determined to be a potential victim, they are referred
to Mental Health Department and the Classification Committee for appropriate classification and
housing assignment.

The auditor was provided with documentation showing the facility has completed 13,197 Screenings
(YCP Screening for Victimization and Abusiveness) on inmates within the past 12 months. The initial
assessment is conducted by the Medical Department, with Counselors conducting a second assessment
within 72 hours. A counselor will then follow up (when necessary) with an initial meeting within 10
days of being classified to the housing unit. The auditor was provided with documentation showing
the facility has completed 13,197 30-day reassessments for those inmates at risk of sexual
victimization or for being sexually abusive based on relavant information received since intake.

During the pre-audit, the auditor was provided with a copy of the screening instrument (YCP
Screening for Victimization and Abusiveness). A review of the instrument shows all the required
questions are being asked and the tool is an objective screening instrument.

Interviews with the PREA Coordinator and PREA Compliance Manager indicate any inmate scoring
affirmatively as a potential victim and/or potential institutional sexual predator would be
addressed through classification. Staff would have access to see the classification in the
computer; however, they would not have any access to the actual results of the screenings. This
documentation in the Facillity’s computer system was verified while on-site and it did clearly show
potential vicitms/abusers were housed accordingly and were not able to be housed together at any
time. Access to the actual screening is limited to medical, mental health, and counselors.

 PREA Audit Report                                                             18


Standard 115.42 Use of screening information

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

The information received through the YCP Screening for Victimization and Abusiveness questions
shall be used to inform housing, bed placement, work, education, and program assignments with the
goal of keeping separate those inmates at high risk for being sexually victimized from those at
high risk of being sexually abusive. The sensitive information collected through these tools shall
be kept as confidential as possible so as not to be used to the inmate’s detriment by staff or
other inmates. The agency shall make individualized determinations about how to ensure the safety
of each inmate.

Interviews with administrative staff indicated when deciding whether to assign a
transgender/intersex inmate to a facility for male/female inmates, and in making other housing and
programming assignments, the agency does consider, on a case by case basis, whether a  placement
would ensure the inmate’s health and safety and whether the placement would present management or
security problems. A transgender/intersex inmate’s own views, with respect to his/her own safety
shall be given serious consideration.  All pertinent information regarding the transgender/intersex
individual should be discussed on a need-to-know basis and shared only with the appropriate staff
to provide necessary services. Transgender inmates are offered the opportunity to be placed in
voluntary protective custody. If the inmate chooses not to, a waiver/refusal is signed and kept in
the inmate’s file. The inmate will then be housed in general population and is afforded the
opportunity to shower separately. A transgender inmate’s views in respect to his safety is given
serious consideration in determining placement and program assignments. A transgender inmate’s
placement and programming assignments are reassessed every six months.
There were three transgender or intersex inmates housed at this facility at the time of the site
visit. During interviews, these inmates indicated they are allowed to shower separately and all
felt comfortable in their current housing assignment and most staff treat them respectfully. There
was one inmate transitioning from male to female that was housed in female general population (at
the request of the inmate). Interviews with staff indicated this took a little getting used to at
first (for both the other inmates and staff), but is no longer uncomfortable for the inmates or
staff at this time.


Standard 115.43 Protective custody

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI Section VII-c-vi-3 states the alleged victim shall be offered
Temporary Secure Protective Custody status in accordance with the Protective Custody Policy and
Procedure. If the inmate refuses TSPC, the inmate will be monitored closely in general population.
TSPC should only be used when the inmate cannot be protected by any other means. If this is the
case, the Program Review Committee will review the placement every 72 hours and a formal hearing
will be held within 5 days to determine appropriate housing.
Segregation shall only occur past the 5 days in extraordinary circumstances. The alleged victim
must sign a refusal of protective custody if he/she refuses such housing.

 PREA Audit Report                                                             19


Within the last 12 months, there were two instances in which an sexually victimized inmate/at risk
inmate was placed in involuntary segregation for one to 24 hours awaiting completion of the
assessment (this was to ensure the safety of the inmate until proper housing could be determined
and was for only a couple of hours). There were no instances of an inmate being held in involuntary
segregation for being sexually victimized/being at risk of victimization for any longer.

Through staff interviews it was determined inmates at high risk of sexual victimization are not
placed in involuntary segregated housing.  The auditor was advised these inmates would be placed in
other housing units, if at all possible. In the event an inmate at high risk of sexual
victimization was placed in segregated housing, the inmate would have access to privileges and
programs when at all possible. If these privileges and programs had to be restricted, the facility
would document the activities restricted and the reason for the restriction. During the onsite
audit, there were no inmates documented as being placed in involuntary segregated housing (for risk
of sexual victimization/who allege to have suffered sexual abuse) in custody.

 

Standard 115.51 Inmate reporting

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒    Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York Prison policy states: Any inmate who is the victim of any of the following should report the
abuse to a staff member as soon as possible: Sexual abuse; Sexual harassment; Retaliation by other
inmates or staff for reporting sexual abuse and sexual harassment; Staff neglect or violation of
responsibilities that may have contributed to such incidents. Inmates may report abuse or
harassment to any staff member in the facility including, but not limited to, Medical staff,
Psychology staff, Corrections Officers and Counselors. Staff shall accept and document reports made
verbally, in writing, anonymously, and from third parties and promptly forward to the facility’s
designated investigators. Staff are required to document verbal reports no later than by the end of
their shift.

A Sexual Abuse Reporting phone number has been established as outlined in the PREA inmate training
or on the Department website to anonymously report sexual abuse, sexual harassment or retaliation
to the Pennsylvania Department of Corrections. Inmates may call 717- 840-7796 for reporting sexual
abuse/harassment.

Further, inmates housed at the facility for Immigration/Customs Enforcement may call the ICE
Community and Detainee hotline at 1-888- 351-4024 or the ICE Office of Professional Responsibility
(OPR) joint Intanke Center (JIC) at 1-877-246-8253 or may send a report in writing to PO Box 14475,
1200 Pennsylvania Ave., Washington DC 20044.
Inmates are also provided with information in which to make a report to the YWCA of York. They may
do so in writing to: YWCA of York/Victim Assistance Center
320 East Market Street
York, PA 17401

-or by calling:

Business- 717) 848-3535
Hotline-  717) 854-3131
Hotline-  800) 422-3204

A staff member, contract service provider, or volunteer, may also make a private report to the
facility’s PREA Compliance Manager, or the PREA Coordinator.

 PREA Audit Report                                                             20


Through staff and inmate interviews it was determined inmates and staff may make a private report
to any supervisor or the PREA Coordinator and Compliance Manager. Inmates are also provided with
the mailing address to the Pennsylvania State Police Bureau of Criminal Investigation and are
permitted to make a report directly to this agency. The auditor was advised by random staff that
all reports; including verbal, written, anonymous, and third-party reports would be investigated.
Verbal reports would be documented by the staff immediately upon receipt of such information and
the immediate supervisor would be contacted. Informal and formal inmate interviews reflected
inmates are aware there are reporting methods available to them and where the information is
located in the housing units if they need access to addresses/phone numbers.


Standard 115.52 Exhaustion of administrative remedies

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI Section IX: Exhaustion of Administrative Remedies states that an
inmate may use the Inmate Complaint Review Sytem to report an allegation of sexual abuse or sexual
harassment to staff. Inmate /detainees must use and exhaust the Inmate Complaint Review System in
order to file a civil action regarding an allegation of sexual assault or sexual harassment in
accordance with the Prison Litigation Reform Act. Typically, grievances are not accepted from a
third party (other inmates, family members, friends, outside advocates), but SHALL be accepted in
cases where there is an allegation of sexual abuse or sexual harassment. There are no time limits
for filing a grievance regarding an allegation of sexual abuse. Allegations of sexual abuse shall
not be forwarded to the alleged perpetrator.

In the past 12 months, there have been 21 grievances filed that allege sexual abuse or harassment.
Of those 21, all reached final decision within 90 days after being filed. This was verified during
interviews and document review during the site visit.


Standard 115.53 Inmate access to outside confidential support services

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

Information is provided in all housing areas and other locations throughout the prison for
inmates/staff to access confidential support services. A memorandum provides the following contact
information for YWCA of York:

YWCA of York/Victim Assistance Center 320 East Market Street
York, PA 17403
Business- 717) 848-3535
Hotline - 717) 854-3131
Hotline - 800) 422-3204


PREA Audit Report                                                             21


An inmate will be offered the opportunity to talk with a victim advocate and receive continued care
when they have been a victim of facility sexual abuse, no matter if they reported the facility
sexual abuse immediately or made a delayed disclosure.

During the pre-audit, the auditor was provided with documentation for victim advocate services with
YWCA of York. During the tour/site visit, the auditor verified the information being accessible to
the inmates by observing the memorandum posted in all housing units and general areas. During
inmate interviews, seveal of the inmates were able to recall that there is information available to
them and is posted on the bulletin boards. Many did not know exactly what the services were other
that a form of counseling, and stated they did not know much about them since they have not had the
need for these services. They did indicate they knew where to find the contact information for the
services if they ever did need them.


Standard 115.54 Third-party reporting

☒    Exceeds Standard (substantially exceeds requirement of standard)

☐    Meets Standard (substantial compliance; complies in all material ways with the standard for
the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison has established an MOU with the Pennsylvnia Department of Corrections titled
“PREA Third Party Reporting” in where it reads, the Pennsylvania Department of Corrections will
establish a telephone line at the SCI Camp-Hill Control Center to receive telephone calls from
individuals who wish to report allegations of sexual abuse at the County’s correctional facilities.
If a third party report is made utilizing this number, the information if forwarded both verbally
(by way of phone call) and through electronic email to York County’s authorized person to receive
these reports. This number is made available to the inmates on PREA Posters located throught the
Prison and in the housing units.

State inmates may also directly contact the Pennsylvania DOC by calling 717-840-7796. ICE detainees
may call the ICE hotline at 1-888- 351-4024 or the ICE Office of Professional Responsibility at
1-877-246-8253. ICE detainees may also write to PO Box 14475/1200 Pennsylvania Avenue, Washington
DC 20044.
All inmates may also contact the YWCA of York by writing to: YWCA of York/Victim Assistance Center
320 East Market Street York, PA 17403
-or calling-
717) 848-3535 (business)
717) 854-3131 (Hotline)
800) 422-3204 (Hotline)

While conducting the site visit, this information was seen posted in housing units and common
inmate areas. The information was also provided to the public in the visitation areas throughout
the Prison and on the Prison’s website (https://yorkcountypa.gov)

Due to the Prison providing more than one method for inmates to report, verifying the methods are a
viable avenue to report, and making the information readily accessible to all inmates and the
public, a rating of exceeds standards is earned.


Standard 115.61 Staff and agency reporting duties

☐    Exceeds Standard (substantially exceeds requirement of standard)

 

 PREA Audit Report                                                             22

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI Section III- Reporting Sexual Abuse Harassment states any county
employee, visitor, contractor , volunteer or individual who has business with the prison or uses
prison resources who witnesses what appears to be the sexual abuse of an inmate must immediately
report the incident to his/her immediate supervisor. Staff shall limit the disclosure of
information to individuals with a need-to-know in order to make decisions concerning the
inmate-victim’s welfare, and for law enforcement/investigative purposes. All reports and
investigations of sexual assault, abuse and harassment shall be forwarded to the Warden’s Office
for review. Any county employee, visitor, contractor or Individual who has business with the prison
or uses prison resources who witnesses what appears to be  sexual harassment of an inmate or who
has knowledge of possible harassment must report the incident to his/her immediate supervisor in
writing.

Section VII- Response to and Investigation of a Report of Sexual Assault/Abuse: Retalitory action
against an inmate for reporting sexual abuse or for providing information during an investigation
is prohibited. All allegations of sexual contact must be reported on an Officer’s Daily Report and
verbally to a supervisor immediately. The supervisor will conduct an initial preliminary
investigation, with notification being made to the PA State Police for investigation based on the
results of the preliminary investigation. The supervisor will also notify the Prison Administration
the day the allegation in learned.

Through interviews with a random sample of staff, as well as interviews with medical and mental
health staff, it was determined that all staff have a duty to report any knowledge, suspicion, or
information related to sexual abuse or sexual harassment. Staff are also required to report any
retaliation towards any inmate or staff for reporting and any staff neglect that may have
contributed to an incident or retaliation.


Standard 115.62 Agency protection duties

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

As reflected in policy, any inmate that is subject to a substantial risk of imminent sexual abuse,
appropriate and immediate action will be taken to protect that inmate.

In the past 12 months, there have been 65 instances where the agency determined an inmate was
subject to substantial risk of imminent sexual abuse (the facility considers any inmate that
reports a sexual abuse or harassment as being at risk). In each occurance, measures were taken
immediately to protect the party(s) involved and documented accordingly.

Through interviews with staff, it was determined staff take immediate action to separate the
alleged victim and abuser whenever it is determined an inmate may be at risk for imminent sexual
abuse. A supervisor is called immediately to ensure proper retention and evidence preservation. The
investigation would begin immediately, and a note (keep separate order) would be placed in the
computer to prevent contact between the alleged victim and abuser. Classification assignments would
determine future housing, and the prison would take all appropriate measures to ensure the safety
and protection of any inmate involved.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PREA Audit Report                                                             23


Standard 115.63 Reporting to other confinement facilities

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

An inmate may file a report of sexual abuse, sexual harassment or retaliation sustained while
confined at another facility. It is the responsibility of the Warden or the Warden’s designee to
notify the head of the facility in which the reported abuse, harassment or retaliation occurred.
Notification must be provided as soon as possible, but no later than within 72 hours after receipt
of information.

Upon receipt of an allegation from another facility that an inmate was sexually abused, harassed or
retaliated against while confined at that location, the Warden or Warden’s Designee shall document
the receipt of the allegation and initiate a preliminary investigation. If deemed necessary, the
Pennsylvania State Police may be contacted to take over the investigation if it is criminal in
nature.

During the past 12 months, the facility received one allegation that an inmate was abused while
confined at another facility. York County Prison notified the other facility of such notification
within the required 72 hours.

During the past 12 months, the facility has also received four allegations of sexual abuse from
another facility. Each of these were referred for Administrative Investigation.

Through staff interviews, it was determined when York County Prison receives an allegation from
another facility or agency that an incident of sexual abuse or sexual harassment occurred within
their facility, the allegation would immediately be assigned to an investigator and would be
investigated. Any allegations they receive for sexual abuse that occurred at other facilities would
be referred to the head of that outside facility. York County Prison would collect statements from
any inmate involved who was housed at their facility and forward these statements to the outside
facility to be a part of their investigation. The designated points of contact in both instances
would be the PREA Coordinator (currently the Warden). These designated contacts would maintain
constant communication with the other agency or investigating bodies in order to assist in any way
necessary with the investigation and keep the Warden abreast of the progress (once replacement is
made for Deputy Warden position designated a PREA Coordinator).


Standard 115.64 Staff first responder duties

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI Section VII-c- Investigation of an Allegation of Sexual Assault,
Abuse, or Contact states: Upon learning of an allegation that an inmate was sexually abused, the
first staff member to respond shall:

Escort the inmate to the Medical Department where the inmate will be provided any necessary initial
treatment and monitored constantly

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PREA Audit Report                                                             24


until transported to York Hospital or an evaluation is completed. A formal separation of inmates,
to provide protection for the alleged victim in accordance with the Inmate Separation Policy and
Procedure. The alleged victim shall be offered Temporary Secure Protective Custody status, but has
the option to refuse and remain housed in general population (with a signed refusal). The crime
scene shall be secured and any potential evidence shall remain in place for investigation and
examination by the Pennsylvania State Police (PSP) and shall not be released  for use until the
investigation of the scene is completed. A log will be maintained of anyone who enters the secured
crime scene, including date and time stamp. If evidence is available that is not part of the crime
scene it should be collected and secured for PSP (I.E.: Photos, female hygiene items, clothing).
The alleged perpetrator shall be placed on Administrative Housing until the conclusion of the
investigation of the allegation.

The Classification Committee will review each alleged inmate victim and inmate perpetrator’s
housing for appropriateness and to ensure the alleged victim and perpetrator(s) are placed on Keep
Separate List.

During the past 12 months, there have been 33 allegations that an inmate was sexually abused. Of
these allegations, there were 33 times in which the first security staff member to respond to the
report separated the alleged victim and abuser and one time in which staff were notified within a
time period that still allowed for the collection of physical evidence. Of these allegations, there
was one instance where the first security staff member to respond to the report:
1) Preserved and protected any crime scene until appropriate steps could be taken to collect any
evidence;
2) Requested that the alleged victim not take any actions that could destroy physical evidence,
including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating,
smoking, drinking, or eating; and
3) Ensured that the alleged abuser does not take any actions that could destroy physical evidence,
including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating,
smoking, drinking, or eating.

Through interviews with inmates and staff, it was determined staff have responded promptly to
outcries of sexual abuse. Staff know to separate the victim from the abuser as well as how to
preserve evidence. Staff are aware to keep information related to sexual abuse investigations
confidential and discuss the incident only with those with a ‘need-to-know’. Staff did indicate a
supervisor would be contacted immediately and would be the responsible party for collection,
retention, and storage of any evidence and they would be available at once to perform these tasks.


Standard 115.65 Coordinated response

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI Section VII- Response to and Investigation of a Report of Sexual
Assault/Abuse outlines the facility’s plan to coordinate actions taken in response to an incident
of sexual abuse, among staff first responders, medical and mental health practitioners,
investigators, and facility leadership. This policy outlines the facility’s coordinated response
plan.

Through interviews with staff, it was determined the facility follows a statewide DOC coordinated
response plan for allegations of sexual abuse that involves a checklist of responsibilities. The
auditor was able to view this document during file reviews of prior incidents during the site
visit.

 

Standard 115.66 Preservation of ability to protect inmates from contact with abusers

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PREA Audit Report                                                             25


relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

The Department operates within the confines of collective bargaining agreements with two different
unions. None of these collective bargaining agreements contain language that limit the ability to
remove an alleged staff sexual abuser from contact with any inmates pending the outcome of an
investigation or a determination of whether and to what extent discipline is warranted. In
addition, the collective bargaining agreements are silent regarding suspensions pending
investigation.

During the Agency Head interview, the Agency Head confirmed York County Prison operates with
collective bargaining agreements; however, these agreements do not restrict York County Prison from
removing staff abusers from contact with inmates under these terms.

 

Standard 115.67 Agency protection against retaliation

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

Specific rules and regulations are outlined in the Employee Code of Ethics, one of which
states….vengeful, brutal, or discriminatory treatment of inmates will not be tolerated. No resident
(inmate) shall be disciplined for filing a complaint or otherwise pursuing a remedy in this
complaint system.

ICE detainees are instructed during their orientation that victimized detainees shall not be
subject to disciplinary action for reporting sexual abuse or for participating in sexual activity
as a result of force, coercion, threats, or fear of force. If the detainee experiences retaliation
for reporting sexual abuse or for engaging in sexual activity as a result of force or coercion,
they can report it in any way that they would report an incident of sexual abuse.

Specifically, the PREA Compliance Manager and/or PREA Coordinator of York County Prison will ensure
that such inmates are provided with the opportunity to meet with a Corrections Counselor and if
they determine that the initial monitoring indicates a continuing need, the periodic status checks
will be extended beyond 90 days.

During the past 12 months, there have been no incidents of retaliation that have been reported.
During the pre-audit review, documentation was provided showing that monitoring for retaliation
will be documented for instances of allegations of sexual abuse and/or harassment.

Through various staff and inmate interviews, it was discovered all allegations of sexual abuse are
monitored for a minimum of 90 days. If necessary due to the circumstances, retaliation may be
monitored indefinitely. Documentation was provided during the document review supporting the
outlined policies and procedures in regards to retaliation monitoring.


Standard 115.68 Post-allegation protective custody

☐    Exceeds Standard (substantially exceeds requirement of standard) PREA Audit Report            
                                                26

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

The facility may assign inmates to involuntary segregated housing only until an alternative means
of separation from likely abusers can be arranged and such assignment shall not ordinarily exceed
30 days. The inmate would have a review by the Program Review Committee within 72 hours of being
placed in segregation. A follow up review will take place every 7 days continuing until the inmate
is released from segregation.

During the past 12 months, there has been two instances where an inmate was placed in involuntary
segregated housing for less that 24 hours while awaiting completion of an assessment. This was a
temporary measure to afford immediate safety to the inmate until appropriate  housing could be
determined. There were no instances of an inmate who had alleged to have suffered sexual abuse
being housed in involuntary segregated housing for a period exceeding 24 hours.

Through interviews with staff, it was discovered inmates who allege to have suffered sexual abuse
or are at risk of sexual victimization are given the option of being placed temporarily into
Protective Custody Housing. If the inmate refuses, they sign a refusal form and are then housed in
general population. An inmate is rarely (if ever) placed in involuntary segregated housing.
Alternative housing in another general population housing unit or protective custody would be
found. If an inmate were to be placed in involuntary segregated housing for these reasons, they
would still have access to programs, privileges, education, and work opportunities to the extent
possible. If any activities are restricted, the staff would document the opportunities limited, the
duration of the limitation, and the reason for the limitation. There are no documented instance of
housing an inmate in involuntary segregated housing that has suffered sexual abuse or is a
potential victim for more than an initial 24 hour period. There were no inmates in custody at the
time of the site visit that fell in this category that could be interviewed.


Standard 115.71 Criminal and administrative agency investigations

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

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

Since August 20, 2012, there has been one substantiated allegation of conduct that appear to be
criminal that was referred for prosecution. Since the last PREA audit, there have not been any
allegations of conduct that appeared to be criminal that were referred for prosecution.

The agency retains all written reports pertaining to the administrative or criminal investigation
of alleged sexual assault or sexual harassment for as long as the alleged abuser is incarcerated or
employed by the agency, plus five years.

Through interviews with inmates who allege to have suffered from sexual abuse, it was determined
investigative staff do not require victims to take a polygraph examination as a condition for
proceeding with the investigation.

Through staff interviews, it was determined the Deputy Warden/PREA Coordinator (currently the
Warden) would be informed on the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PREA Audit Report                                                             27


progress of any investigations conducted by the Pennsylvania State Police. They would receive this
information by regular correspondence via phone and/or email. Investigators have received
specialized training for conducting sexual abuse investigations in confinement settings. Training
topics included techniques for interviewing sexual abuse victims, proper use of Miranda and Garrity
warnings, sexual abuse evidence collection in confinement settings, and the criteria and evidence
required to substantiate a case for administrative or prosecution referral. Investigations into
allegations of sexual abuse or sexual harassment occur immediately upon receipt of such
information. If the sexual abuse occurred within 96 hours, the alleged victim would be transported
to York Hospital for a SAFE/SANE examination. Criminal investigations would be forwarded to the
Pennsylvania State Police for investigation. Investigations continue, even if the staff member
terminates employment or the inmate transfers to another facility. Both administrative and criminal
investigations would be documented in investigation reports. Document review during the site visit
confirmed administrative and criminal investigations are documented in written reports.


Standard 115.72 Evidentiary standard for administrative investigations

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI Section VII: Response to and Investigation of a Report of Sexual
Assault/Abuse states in administrative investigations, York County Prison shall impose no standard
higher than a preponderance of the evidence in determining whether allegations of sexual assault,
abuse, or harassment are substantiated.

Interviews with investigative staff indicate a preponderance of evidence is the evidentiary
standard used when determining whether to substantiate allegations of sexual abuse or sexual
harassment.


Standard 115.73 Reporting to inmates

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI Section XIV: Reporting to Inmates- Notification of Inmates states
following the investigation into an inmate’s allegation that he/she suffered sexual abuse or sexual
harassment in a facility within the Prison, the inmate shall be informed as to whether the
allegation has been determined to be substantiated, unsubstantiated or unfounded. Inmates typically
will be notified by the PREA Compliance Manager, however they will also be notified in writing as
part of the Inmate Complaint Review System.

If another agency conducts the investigation, the PREA Compliance Manager shall request the
relevant information from the investigative agency in order to inform the inmate appropriately and
in a timely manner.

Following an inmate’s allegation that a staff member has committed sexual abuse or sexual
harassment against an inmate, the PREA
PREA Audit Report                                                             28


Compliance Manager shall subsequently inform the inmate of the following:

1) A separation order has been submitted between the staff member and the inmate;

2) The staff member is no longer employed at the Prison;

3) Any charges filed against the employee regarding the alleged sexual abuse; or

4) Any convictions against the employee regarding the alleged sexual abuse.

During the past 12 months, there were 16 criminal and/or administrative investigations of alleged
inmate sexual abuse that were completed by the agency/facility. Of these investigations, 11 inmates
were notified, verbally or in writing, of the results of the investigation (for the other five
investigations, the inmate had been released prior to the finding). In all 16 of these,
notifications were not documented in writing and were completed within the required time frame as
per the standard.

During the past 12 months, there were 9 investigations of alleged inmate sexual abuse in the
facility that were conducted by an outside agency (Pennsylvania State Police). Of these,
notification were made to the inmate and was documented in six of these instances (for the other
three, the inmate had been released prior to the finding being determined).

Through interviews with various staff and inmates, it was determined investigators notify the
inmate, verbally and in writing with an inmate signature line, as to whether the allegation was
substantiated, unsubstantiated, or unfounded. During document reviews while on site, investigation
packets revealed notifications are being made in accordance with the time frames set forth in the
standards and are documented.


Standard 115.76 Disciplinary sanctions for staff

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

When an allegation is made involving a staff member, contract service provider or volunteer this
person will be removed from contact with the alleged victim until the conclusion of the
investigation.

In the event that a staff member is terminated, or resigns in lieu of discharge, for violation of
this procedure; The PSP will determine if a potential criminal violation exists. If the violation
meets criminal standards, the PSP will seek prosecution.

During the past 12 months, there has been one staff member from the facility who has violated
agency sexual abuse or sexual harassment policies. This staff member resigned during the course of
the investigation.

Disciplinary sanctions for violations of agency policies relating to sexual abuse or sexual
harassment (other than actually engaging in sexual abuse) are commensurate with the nature and
circumstances of the acts committed, the staff member’s disciplinary history, and the sanctions
imposed for comparable offenses by other staff with similar histories.

During the past 12 months, there has been one staff member from the facility who has been
disciplined, short of termination, for violation of agency sexual abuse or sexual harassment
policies.

All terminations for violations of agency sexual abuse or sexual harassment policies, or
resignations by staff who would have been terminated if not for their resignation, are reported to
law enforcement agencies, unless the activity was clearly not criminal, and to any relevant
licensing bodies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PREA Audit Report                                                             29


During the past 12 months, there has been one staff member from the facility that has been reported
to law enforcement or licensing boards following their termination (or resignation prior to
termination) for violating agency sexual abuse or sexual harassment policies.


Standard 115.77 Corrective action for contractors and volunteers

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI section VII states that when an allegation is made involving a
contractor or volunteer, this person will be removed from contact with the alleged victim pending
the outcome of the investigation. If a contractor or volunteer violates this procedures manual,
other than by engaging in sexual abuse, the facility shall take appropriate remedial measures and
shall consider whether to prohibit further contact with inmates. Any contractor or volunteer who
engages in sexual abuse shall be prohibited from contact with inmates, and shall be reported to law
enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing
bodies.

During the past 12 months, there has been one contractor reported to law enforcement for engaging
in sexual abuse of inmates.

Through interviews with the Warden, it was determined that any contractor or volunteer suspected of
sexual abuse would be removed from the facility and prohibited from contact with inmates pending
results of the investigation. Remedial disciplinary measures would be considered for minor policy
violations, depending on the circumstances.


Standard 115.78 Disciplinary sanctions for inmates

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

Inmates shall be subject to disciplinary sanctions pursuant to the formal disciplinary process,
following an administrative finding that the inmate engaged in inmate-on-inmate sexual abuse or
following a criminal finding of guilt for inmate-on-inmate sexual abuse. Sanctions shall be
commensurate with the nature and circumstances of the abuse committed, the inmate’s disciplinary
history, and the sanctions imposed for comparable offenses by other inmates with similar histories.
The disciplinary process shall consider whether an inmate’s mental disabilities  or mental illness
contributed to his/her behavior when determining what type of sanction, if any, should be imposed.
The facility may discipline an inmate for sexual contact with staff only if it is substantiated
that the staff member did not consent to such contact. A reporting inmate may only be subjected to
discipline if the report is determined to be unfounded with proven malicious intent at the
conclusion of a   full investigation. The facility prohibits all sexual activity between inmates
and may discipline inmates for such activity. The facility will not deem such activity to
constitute sexual abuse if the facility, through the investigative process, determines that the
activity is not coerced or forced.

During the past 12 months, there has been three administrative findings of inmate-on-inmate sexual
abuse and at this time, no criminal
PREA Audit Report                                                             30


findings of guilt for inmate-on-inmate sexual abuse that has occurred at the facility (cases are
still pending with the PA State Police).

Through interviews with the Warden, it was discovered that inmates found to have engaged in sexual
abuse or sexual harassment may face disciplinary action in-house and/or criminal charges depending
upon the circumstances.

Through interviews with staff, it was determined inmates who have violated the agency’s sexual
abuse and sexual harassment procedures would go through a disciplinary hearing. If the allegations
were criminal in nature, the Pennsylvania State Police may pursue criminal charges.


Standard 115.81 Medical and mental health screenings; history of sexual abuse

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI Section VII-e- Mental Health Department: states if the screening
indicates that a prison or jail inmate has experienced prior sexual victimization, whether it
occurred in an institutional setting or in the community, staff shall ensure that the inmate is
interviewed the same day. The purpose of the interview will be to evaluate trauma and suicide risk
of the alleged victim and to provide crisis intervention and a preparation for possible PTSD.
Outside counseling services may be approved for alleged or confirmed victims of     sexual abuse,
and Mental Health Staff shall coordinate with outside crisis services to ensure continuity of
care/counseling.

If the screening pursuant to PREA Standard 115.41 indicates an inmate discloses previous
victimization in the community to a medical or mental health practitioner at the facility, the
inmate has the right to determine how or if medical or mental health practitioners may share that
information with other staff and requires that the practitioner obtain informed consent before
sharing this information with staff making housing, program, education, and work decisions. All
victims/perpetrators are offered mental health services whether or not they occurred in the
facility, or prior in the community. Any information related to sexual victimization or abusiveness
occurring in an institutional setting shall be strictly limited to medical and mental health
practitioners and other staff, as necessary, to inform treatment plans, security and management
decisions, including housing, bed placement, work, education, and program assignments, or otherwise
required by Federal, State, or local law.

During the past 12 months, 100% of inmates who disclosed prior victimization during screening were
offered a follow-up meeting with a medical or mental health practitioner.

During the past 12 months, 100% of inmates who have previously perpetrated sexual abuse were
offered a follow-up meeting with a mental health practitioner.

During the onsite audit, the auditor reviewed a sample of records of both inmates who disclosed
prior victimization as well as inmates who have previously perpetrated sexual abuse. The referals
for follow up care for these inmates are documented and occur in a timely manner and in accordance
with the timeframes set forth in the standards..

The information related to sexual victimization or abusiveness that occurred in an institutional
setting is shared with other staff strictly limited to informing security and management decisions,
including treatment plans, housing, bed, work, education, and program assignments, or as otherwise
required by federal, state, or local law.

Through various interviews with staff and inmates, it was reiterated that inmates who disclose
victimization and inmates who have previously perpetrated sexual abuse are offered a follow-up
meeting with medical and mental health staff. Medical staff obtained informed consent prior to
reporting about prior sex victimization that did not occur in an institutional setting. Interviews
with inmates that had disclosed prior victimization duting the intake process stated thatey were
offered a meeting with a mental health professional and the meeting occurred within a couple of
days. Follow up treatment was offered as well for continued care.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PREA Audit Report                                                             31


Standard 115.82 Access to emergency medical and mental health services

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

Primecare Medical, Inc. Policy C,J-B-05 – Response to Sexual Abuse states inmate victims of sexual
abuse receive timely, unimpeded access to emergency medical treatment and crisis intervention
services. The nature and scope of such services are determined by medical and mental health
practitioners according to their professional judgement and that inmate victims of sexual abuse
shall be offered timely information about and timely access to emergency contraception and sexually
transmitted infections prophylaxis, in accordance with professionally accepted standards of care,
where medically appropriate. Treatment services shall be provided to the victim without financial
cost and regardless of whether the victim names the abuser or cooperates with any investigation
arising out of the incident.

Through various staff and inmate interviews, it was discovered inmate victims of sexual abuse
receive timely and unimpeded access to emergency treatment and crisis intervention services. If the
abuse occurred within 96 hours, the inmate would immediately be taken down to medical to receive
stabilization treatment and would then be transferred to York Hospital for a SAFE/SANE exam.
Inmates receive treatment based on the medical and/or mental health staff’s professional opinion.
Victims of sexual abuse are offered timely information about access to emergency contraception and
sexually transmitted infection prophylaxis. At no time is an inmate financially obligated for any
treatment he/she receives.


Standard 115.83 Ongoing medical and mental health care for sexual abuse victims and abusers

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

Primecare Medical, Inc (contracted medical provider for York County Prison) Policy #C,J-B-05:
Response to Sexual Abuse states they shall offer medical and mental health evaluation and, as
appropriate, treatment to any inmates who has been victimized by sexual abuse in the facility
contracted for.

Inmate victims of sexual abuse while incarcerated shall be offered tests for sexually transmitted
infections, as medically appropriate. Inmates will be scheduled to see the
psychologist/psychiatrist at the next visit to perform an evaluation for counseling and follow-up
for emotional trauma, potential risk of suicide, anxiety disorders, ot other mental health
problems. Sexual abuse is especially traumatic to adolescents; therefore, when an adolescent is the
victim of sexual abuse, the potential for suicide should be carefully assessed. All findings are
documented carefully using the s-0-a-p method. If a patient refusues any care that is offered, a
refusal form must be signed and    documented in the inmate’s medical record. Confidentiality must
be maintained at all times. When information becomes available relating to perpetration of
inmate-on-inmate sexual abuse history, a mental health evaluation will be conducted on these
abusers within 60 days of learning of such abuse history and offer treatment when deemed
appropriate by mental health practitioners. (Policy C,J-B-05-F&I)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PREA Audit Report                                                             32


Through various staff and inmate interviews, it was determined medical treatment for sexual abuse
victims would include a medical evaluation from one of the Registered Nurses working at the
facility. If warranted, the inmate would be taken to the hospital for treatment. If the abuse
occurred within 96 hours, physical evidence may still be collected and the inmate would be sent to
York Hospital for an evaluation and evidence collection (SAFE/SANE exam). If the inmate victim is a
female, pregnancy tests will be offered at the time of the medical evaluation and if the test is
negative, should be offered retesting approximately six weeks therafter. These services will be
provided at no cost to the victim. Mental Health staff would respond and provide treatment within
the next business day. Interviews with inmates that had reported a sexual abuse confirmed that they
were offered medical and mental health care in a timely fashion and were responsible financially
for any services/treatment provided and/or received.

 

Standard 115.86 Sexual abuse incident reviews

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI section X states every allegation of sexual abuse shall be reviewed
by the PREA Coordinator with input from the PREA Compliance Manager, Medical and Mental Health
managers at the conclusion of a sexual abuse investigation, no matter the finding. This review will
occur within 30 days of the conclusion of the investigation and will include the use of SAPPI Plan
of Action Form which looks at the following: Procedure changes to better prevent, detect, or
respond to sexual abuse; whether the allegation was motivated by race, ethnicity, gender identity
(lesbian, gay, bisexual, transgender, or intersex identification, status or perceived status) or
gang affiliation, motivated/caused by facility group dynamics.; if physical barriers potentially
enabled abuse; staff level adequacy; if technology should be deployed to supplement staff
supervision; finalized report and recommendations (if not implemented-why?).

The facility acknowledges staff ordinarily conduct a criminal or administrative sexual abuse
incident review within 30 days of the conclusion of the sexual abuse investigation.

During the past 12 months, there have been nine criminal and/or administrative investigations of
alleged sexual abuse completed at the facility that were followed by a sexual abuse incident review
within 30 days, excluding only “unfounded” incidents. During the pre-audit, the auditor was advised
that there are nine documented incident reviews. A standard form for documenting the incident
reviews is used, and these were reviewed during the document review while on site. The
corresponding investigations were also reviewed in order to provide a time line ensuring the
document reviews were being conducted within the 30 days as required in the standard.

The facility prepares a report of its findings from sexual incident reviews, and any
recommendations for improvement, and submits such report to the facility head and PREA Compliance
Manager. Recommendations are made as part of the incident review. The facility implements the
recommendations for improvement or documents its reasons for not doing so.


Standard 115.87 Data collection

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
PREA Audit Report                                                             33


must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison collects accurate, uniform data for every allegation of sexual abuse at the
facility under the Department’s direct control using a standardized instrument and set of
definitions. The standardized instrument includes the data necessary to answer all questions from
the most recent version of the Survey of Sexual Violence (SSV) conducted by the Department of
Justice.

The agency aggregates the incident-based sexual abuse data annually. The agency maintains, reviews,
and collects data as needed from all available incident-based documents, including reports,
investigation files, and sexual abuse incident reviews.

The agency provides the Department of Justice (DOJ) with data from the previous calendar year upon
request. This was verified while on site and through interviews with administrative staff while on
site.


Standard 115.88 Data review for corrective action

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI Section XI states: Data shall be aggregated annually and provided
to the Pennsylvania Department of Corrections, Immigration Customs Enforcement, and the Department
of Justice in order to be disseminated to the public through their reporting services. The report
shall document the year’s data and corrective action, with those of prior years focusing on
progress in addressing sexual abuse. Information may be redacted if it presents a clear and
specific threat to the safety and security of the facility.
Nature of the material redacted must be indicated. This information may be requested pursuant to
the Pennsylvania Right To Know Law.

Through various staff interviews, it was determined that sexual abuse data is submitted on a
regular basis. If a problem or trend is noticed, a plan of action would be drafted to rectify the
problem. Data is retained on secure servers that are backed up. Annual reports are typically broad
and are intended to capture statistical numbers. Inmate’s names and specific information related to
the allegations are redacted. This information is made available to the public and was noted as
being available on the agency website.


Standard 115.89 Data storage, publication, and destruction

☐    Exceeds Standard (substantially exceeds requirement of standard)

☒         Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
☐    Does Not Meet Standard (requires corrective action)

Auditor discussion, including the evidence relied upon in making the compliance or non-compliance
determination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussion
must also include corrective action recommendations where the facility does not meet standard.
These recommendations must be included in the Final Report, accompanied by information on specific
corrective actions taken by the facility.

York County Prison Policy SAAPI section XII states that data shall be aggregated annually and
provided to the Pennsylvania Department of Corrections, Immigration Customs Enforcement and the
Department of Justice. This data is saved for a period of ten years and then
PREA Audit Report                                                             34

PREA Audit Report                                                             35
destroyed. No personal identifiers may be divulged to the public in any report, unless through
Court order.
Through various staff interviews, it was determined sexual abuse data is submitted to the agency
regularly. If a problem or trend is noticed, a plan of action would be drafted to rectify the
problem. Data is retained on secure servers that are backed up.
AUDITOR CERTIFICATION
I certify that:

☒         The contents of this report are accurate to the best of my knowledge.

☒ No conflict of interest exists with respect to my ability to conduct an audit of the agency under
review, and

☒ I have not included in the final report any personally identifiable information (PII) about any
inmate or staff member, except where the names of administrative personnel are specifically
requested in the report template.


 William Boehnemann                                                             _              
July 10, 2017                                 

 

 

 

 

 

 

 


Auditor Signature                                                                                 
Date