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.

 

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Standard 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.

PREA Investigation Protocols

    1. The Prison shall coordinate with the appropriate investigative entities to ensure that an administrative and/or criminal investigation is conducted for all allegations of sexual abuse.  All investigations must be prompt, thorough, objective, and fair and conducted by a specially trained and qualified investigator. 

    2. Where evidentiary or medically appropriate, at no cost to the inmate or detainee, and only with the inmate’s or detainee’s consent, the Prison Administrator shall arrange for an alleged victim to undergo a forensic medical examination by a Sexual Assault Forensic Nurse Examiner (SAFE) or Sexual Assault Nurse Examiner (SANE), where practicable.  If SAFEs or SANEs cannot be made available, the examination can be performed by another qualified medical professional.

    3. As requested by a victim, the presence of his or outside or internal victim advocate, including any available victim advocacy services offered by a hospital conducting a forensic exam, shall be allowed for support during a forensic exam and investigatory interviews. 

    4. The results of the physical examination and all collected physical evidence are to be provided to the investigative entity.

    5. In the event the investigation is being conducted by a non-federal investigating agency, the Prison shall request that the investigating agency follow the applicable requirements of this policy, including requirements related to evidence preservation and forensic examinations.

    6. In the event a criminal investigation is being conducted, the administrative investigation may be postponed until completion of the criminal investigation; unless at the request of the investigating agency the administrative investigation is approved to continue. 

    7. Administrative investigation procedures include:

        1. Preservation of direct and circumstantial evidence, including any available physical DNA evidence and any available electronic monitoring data;

        2. Interviewing alleged victims, suspected perpetrators, and witnesses;

        3. Reviewing prior complaints and reports of sexual abuse or assault involving the suspected perpetrators;

        4. Assessment of the credibility of an alleged victim, suspect, or witness, without regard to the individual’s status as detainee, inmate, staff, or employee and without requiring any detainee or inmate who alleged sexual abuse or assault to submit to a polygraph;

        5. An effort to determine whether actions or failures to act at the Prison contributed to the abuse;

        6. Documentation of each investigation by a written report, which shall include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings;

        7. Retention of such reports for as long as the alleged abuser is detained or employed by the agency or Prison, plus 5 years;

        8. Coordination and sequencing of administrative and criminal investigations to ensure that a criminal investigation sis not compromised by an internal administrative investigation.

      1. The Prison shall use no standard higher than a preponderance of evidence in the determining whether allegations of sexual abuse are substantiated.

      2. The departure of the alleged abuser or victim from employment shall not provide a basis for terminating an investigation.

      3. When outside agencies investigate sexual abuse and assault, the Prison shall cooperate with outside investigators and shall endeavor to remain informed about the progress of the investigation. Where an alleged victim of sexual abuse or assault that occurred elsewhere in custody or detention is subsequently transferred to the Prison, the Prison shall also cooperate with any administrative or criminal investigative efforts arising from the incident.

2020 PREA Report Snapshot

  • Number of sexual harassment allegations 57
  • Number of sexual harassment investigations substantiated 25
  • Number of sexual harassment investigations unsubstantiated 17
  • Number of sexual harassment investigations unfounded 15
  • Number of sexual abuse allegations 41
  • Number of sexual abuse investigations substantiated 5
  • Number of sexual abuse investigations unsubstantiated 16
  • Number of sexual abuse investigations unfounded  20

 

Prison Rape Elimination Act (PREA) Audit Report

Adult Prisons & Jails

Interim         Final

Date of Interim Audit Report: October 20, 2020     ☐ N/A

If no Interim Audit Report, select N/A

Date of Final Audit Report:      January 8, 2021

Auditor Information

Name:       Jennifer L. Feicht

Email:       jennifer@preaauditing.com

Company Name: PREA Auditors of America, LLC.

Mailing Address:   14506 Lakeside View Way

City, State, Zip:       Cypress, TX 77429

Telephone:       (724) 679-7280

Date of Facility Visit:       August 25-27, 2020

Agency Information

Name of Agency:                York County Prison

Governing Authority or Parent Agency (If Applicable): Click or tap here to enter text.

Physical Address:       3400 Concord Rd.

City, State, Zip:       York, PA 17402

Mailing Address:       Same

City, State, Zip:       Same

The Agency Is:

☐ Military

☐ Private for Profit

☐ Private not for Profit

☐ Municipal

☒ County

☐ State

☐ Federal

Agency Website with PREA Information:       https://yorkcountypa.gov/courts-criminal-justice/prison/inmate- rules-and-policies/prison-rape-elimination-act-information.html

Agency Chief Executive Officer

Name:       Clair Doll - Warden

Email:       CRDoll@York County PA.gov

Telephone:       717-840-7424

Agency-Wide PREA Coordinator

Name:       Valerie Conway – Deputy Warden

Email:       VLConway@YorkCountyPA.gov

Telephone:       717-840-7527

PREA Coordinator Reports to:

Agency Chief Executive Officer

Number of Compliance Managers who report to the PREA Coordinator:

1

 

Facility Information

Name of Facility: York County Prison

Physical Address: 3400 Concord Rd.

City, State, Zip:       York, PA 17402

Mailing Address (if different from above):

Same

City, State, Zip:       Same

The Facility Is:

☐ Military

☐ Private for Profit

☐ Private not for Profit

☐ Municipal

☒ County

☐ State

☐ Federal

Facility Type:

☐ Prison

☒ Jail

Facility Website with PREA Information:       https://yorkcountypa.gov/courts-criminal-justice/prison/inmate- rules-and-policies/prison-rape-elimination-act-information.html

Has the facility been accredited within the past 3 years?     ☒ Yes      ☐ No

If the facility has been accredited within the past 3 years, select the accrediting organization(s) – select all that apply (N/A if the facility has not been accredited within the past 3 years):

☐ ACA

☐ NCCHC

☐ CALEA

☒ Other (please name or describe: PREA

☐ N/A

If the facility has completed any internal or external audits other than those that resulted in accreditation, please describe:

None

Warden/Jail Administrator/Sheriff/Director

Name:       Clair Doll

Email:       CRDoll@YorkCountyPA.gov

Telephone:       717-840-7424

Facility PREA Compliance Manager

Name:       Sharon Collare

Email:       SCollare@YorkCountyPA.gov

Telephone:          717-840-7497

Facility Health Service Administrator ☐ N/A

Name:       Patricia Bennett

Email:       PABennett@YorkCountyPA.gov

Telephone:       717-840-7638

Facility Characteristics

Designated Facility Capacity:

2652

Current Population of Facility:

1157

         

 

Average daily population for the past 12 months:

1640

Has the facility been over capacity at any point in the past 12 months?

☐ Yes         ☒ No

Which population(s) does the facility hold?

☐ Females        ☐ Males         ☐ Both Females and Males

Age range of population:

15-70+

Average length of stay or time under supervision:

Unable to track – no report

Facility security levels/inmate custody levels:

Min-Max (0-4)

Number of inmates admitted to facility during the past 12 months:

8113

Number of inmates admitted to facility during the past 12 months whose length of stay in the facility was for 72 hours or more:

Unable to track

Number of inmates admitted to facility during the past 12 months whose length of stay in the facility was for 30 days or more:

Unable to track

Does the facility hold youthful inmates?

☒ Yes         ☐ No

Number of youthful inmates held in the facility during the past 12 months: (N/A if the facility never holds youthful inmates)

17

☐ N/A

Does the audited facility hold inmates for one or more other agencies (e.g. a State correctional agency, U.S. Marshals Service, Bureau of Prisons, U.S. Immigration and Customs Enforcement)?

☒ Yes         ☐ No

Select all other agencies for which the audited

facility holds inmates: Select all that apply (N/A if the audited facility does not hold inmates for any other

agency or agencies):

☐ Federal Bureau of Prisons

☐ U.S. Marshals Service

☒ U.S. Immigration and Customs Enforcement

☐ Bureau of Indian Affairs

☐ U.S. Military branch

☐ State or Territorial correctional agency

☐ County correctional or detention agency

☐ Judicial district correctional or detention facility

☐ City or municipal correctional or detention facility (e.g. police lockup or city jail)

☐ Private corrections or detention provider

☐ Other - please name or describe: Click or tap here to enter text.

☐ N/A

Number of staff currently employed by the facility who may have contact with inmates:

534

Number of staff hired by the facility during the past 12 months who may have contact with inmates:

44

Number of contracts in the past 12 months for services with contractors who may have contact with inmates:

1

Number of individual contractors who have contact with inmates, currently authorized to enter the facility:

60

Number of volunteers who have contact with inmates, currently authorized to enter the facility:

64

       

 

Physical Plant

Number of buildings:

Auditors should count all buildings that are part of the facility, whether inmates are formally allowed to enter them or not. In situations where temporary structures have been erected (e.g., tents) the auditor should use their discretion to determine whether to include the structure in the overall count of buildings. As a general rule, if a temporary structure is regularly or routinely used to hold or house inmates, or if the temporary structure is used to house or support operational functions for more than a short period of time (e.g., an emergency situation), it should be included in the overall count of buildings.

2

Number of inmate housing units:

Enter 0 if the facility does not have discrete housing units. DOJ PREA Working Group FAQ on the definition of a housing unit: How is a "housing unit" defined for the purposes of the PREA Standards? The question has been raised in particular as it relates to facilities that have adjacent or interconnected units. The most common concept of a housing unit is architectural. The generally agreed-upon definition is a space that is enclosed by physical barriers accessed through one or more doors of various types, including commercial-grade swing doors, steel sliding doors, interlocking sally port doors, etc. In addition to the primary entrance and exit, additional doors are often included to meet life safety codes. The unit contains sleeping space, sanitary facilities (including toilets, lavatories, and showers), and a dayroom or leisure space in differing configurations. Many facilities are designed with modules or pods clustered around a control room. This multiple-pod design provides the facility with certain staff efficiencies and economies of scale. At the same time, the design affords the flexibility to separately house inmates of differing security levels, or who are grouped by some other operational or service scheme. Generally, the control room is enclosed by security glass, and in some cases, this allows inmates to see into neighboring pods. However, observation from one unit to another is usually limited by angled site lines. In some cases, the facility has prevented this entirely by installing one-way glass. Both the architectural design and functional use of these multiple pods indicate that they are managed as distinct housing units.

27

Number of single cell housing units:

6

Number of multiple occupancy cell housing units:

10

Number of open bay/dorm housing units:

15

Number of segregation cells (for example, administrative, disciplinary, protective custody, etc.):

149

In housing units, does the facility maintain sight and sound separation between youthful inmates and adult inmates? (N/A if the facility never holds youthful inmates)

☒ Yes         ☐ No       ☐ N/A

Does the facility have a video monitoring system, electronic surveillance system, or other monitoring technology (e.g. cameras, etc.)?

☒ Yes         ☐ No

Has the facility installed or updated a video monitoring system, electronic surveillance system, or other monitoring technology in the past 12 months?

☒ Yes         ☐ No

Medical and Mental Health Services and Forensic Medical Exams

Are medical services provided on-site?

☒ Yes         ☐ No

Are mental health services provided on-site?

☒ Yes         ☐ No

     

 

Where are sexual assault forensic medical exams provided? Select all that apply.

☐ On-site

☒ Local hospital/clinic

☐ Rape Crisis Center

☐ Other (please name or describe: Click or tap here to enter text.)

Investigations

Criminal Investigations

Number of investigators employed by the agency and/or facility who are responsible for conducting CRIMINAL investigations into allegations of sexual abuse or sexual harassment:

0

When the facility received allegations of sexual abuse or sexual harassment (whether staff-on-inmate or inmate-on-inmate), CRIMINAL INVESTIGATIONS are conducted by: Select all that apply.

☐ Facility investigators

☐ Agency investigators

☒ An external investigative entity

Select all external entities responsible for CRIMINAL INVESTIGATIONS: Select all that apply (N/A if no external entities are responsible for criminal investigations)

☐ Local police department

☐ Local sheriff’s department

☒ State police

☐ A U.S. Department of Justice component

☐ Other (please name or describe: Click or tap here to enter text.)

☐ N/A

Administrative Investigations

Number of investigators employed by the agency and/or facility who are responsible for conducting ADMINISTRATIVE investigations into allegations of sexual abuse or sexual harassment?

32

When the facility receives allegations of sexual abuse or sexual harassment (whether staff-on-inmate or inmate-on-inmate), ADMINISTRATIVE INVESTIGATIONS are conducted by: Select all that apply

☒ Facility investigators

☐ Agency investigators

☐ An external investigative entity

Select all external entities responsible for ADMINISTRATIVE INVESTIGATIONS: Select all that apply (N/A if no external entities are responsible for administrative investigations)

☐ Local police department

☐ Local sheriff’s department

☐ State police

☐ A U.S. Department of Justice component

☐ Other (please name or describe: Click or tap here to enter text.)

☒ N/A

       

 

Audit Findings

Audit Narrative (including Audit Methodology)

clip_image001.gifclip_image002.gifThe auditor’s description of the audit methodology should include a detailed description of the following processes during the pre-onsite audit, onsite audit, and post-audit phases: documents and files reviewed, discussions and types of interviews conducted, number of days spent on-site, observations made during the site-review, and a detailed description of any follow-up work conducted during the post-audit phase. The narrative should describe the techniques the auditor used to sample documentation and select interviewees, and the auditor’s process for the site review.

The PREA Audit for the York County Prison was conducted from August 25, 2020 to August 27, 2020. Initially this audit was scheduled for April 2020, however, with the onset of the COVID-19 pandemic, it was postponed until August. Audit notices were sent to the facility in advance of the required six week posting and those notices were posted as required with photo verification provided to this Auditor.

The facility provided the pre-audit questionnaire and supporting documentation to this Auditor in advance of the onsite audit. In addition, supporting documentation was also provided for review.

Upon arrival at the facility, this Auditor met with the administrative team for introductions, to review the agenda, discuss the process of the audit, answer any questions and discuss the logistics of the onsite audit. After that was completed, the tour of the facility began. The tour was lengthy due to the size of the facility and the number of housing units to view.

Due to the COVID-19 pandemic, some housing units were on quarantine and this Auditor was not able to go inside of the unit, however, because of the layout was able to view into the units.

At the conclusion of the tour, interviews with staff began. This Auditor was provided with staff listings and chose the interviewees at that time. Additionally, listings of the inmate population were provided and interviewees from those lists were also chosen.

In total, (21) staff interviews were conducted, with (7) of those being random staff chosen from each shift and (14) were specialized staff positions. Two of the staff interviews had to be conducted by phone due to scheduling issues on the days of the onsite audit. One interview was conducted via phone with a volunteer, as at this time, no outside volunteers are allowed in the facility.

This Auditor did also reach out to speak with the SAFE nurse at the York Hospital and the rape crisis center, YWCA of York/Victim Assistance Program.

Additionally, (40) inmate interviews were conducted with (20) of those being chosen randomly from all housing units and (20) of those from specialized lists.

Document review conducted onsite included personnel and training files for randomly selected staff members, inmate file review and investigation file review. These reviews were done at appropriate times throughout the onsite audit visit.

At the conclusion of the onsite audit visit, a small exit meeting was held to discuss information on compliance and/or non-compliance of standards known at that point in the audit process. The Auditor did inform the staff that this was not the final list and this would change after further review of information by this Auditor.

 

Facility Characteristics

clip_image003.gifclip_image004.gifThe auditor’s description of the audited facility should include details about the facility type, demographics and size of the inmate, resident or detainee population, numbers and type of staff positions, configuration and layout of the facility, numbers of housing units, description of housing units including any special housing units, a description of programs and services, including food service and recreation. The auditor should describe how these details are relevant to PREA implementation and compliance.

The York County Prison (YCP) is located at 3400 Concord Road, York, PA. This is within the city limits of the city of York, the county seat. This facility houses both male and female adults and juveniles charged as adults. YCP not only houses those that are charged and/or sentenced in York County, but also parole violators (PV’s) who are on parole with the PA Department of Corrections and individuals detained by the U.S. Immigrations and Customs Enforcement Agency (ICE).

York County Prison has developed a mission statement. It reads as follows.

The mission of York County Prison is to maintain a safe, secure environment for a diverse population of incarcerated individuals, staff and visitors. We are dedicated to implementing innovative methods of security and working with our community partners to provide quality education and treatment programs to increase the probability of successful re-entry.

The rated capacity of the facility is 2652 which includes 2400 inmate beds and 276 work release beds. The average daily population for this year is 1640 and on the first day of the onsite audit the population was

  1. This is not typical for this facility, however, with the current situation with the COVID-19 pandemic, the staff of the facility has reduced the inmate population in an effort to reduce the susceptibility of the inmate

population to contract the disease. Even with the reduction efforts, there were housing units on quarantine

during the onsite audit visit. There have been approximately 300 cases of COVID-19 within the facility at the time of the onsite audit.

The physical plant of this facility is quite large as it has been added onto multiple times. The original facility was opened in 1979. The newer section of the facility was added on beginning in 1994. Included in the

over 600,000 square feet design of the facility are three types of housing units. These types of housing units include single cell units, multicell units and dormitory style units.

The facility contracts with PrimeCare for medical and mental health services in the facility and both of these programs are full time operations. The medical department at the facility operates on a 24/7 basis.

Due to the COVID-19 pandemic, the facility has had to change housing units and with the reduction of population, close a number of housing units. In addition to the reduction in the number of inmates housed at the facility, a number of corrections officers, counselors and other staff have been laid off. Also due to the restrictions placed on the facility by the Commonwealth of Pennsylvania, and to prevent the spread of the disease, many of the programming elements have had to be suspended since the middle of March 2020.

Additionally, due to the reduction in the number of inmates and staff, the population has been moved to close a number of housing units and this has lead to the suspension of some of the mission based units to be suspended at this time as well. This includes the Work Release program.

 

Summary of Audit Findings

clip_image001.gifThe summary should include the number and list of standards exceeded, number of standards met, and number and list of standards not met.

Auditor Note: No standard should be found to be “Not Applicable” or “NA”. A compliance determination must be made for each standard.

Standards Exceeded

clip_image005.gifNumber of Standards Exceeded:    6

List of Standards Exceeded:

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

115.16 – Inmates with disabilities and inmates who are Limited English Proficient

115.41 – Screening for risk of victimization and abusiveness

115.42 – Use of screening information

115.63 – Reporting to other confinement facilities

115.71 – Criminal and administrative agency investigations

Standards Met

clip_image006.gifNumber of Standards Met: 39

Standards Not Met

clip_image006.gifNumber of Standards Not Met:       0

List of Standards Not Met:

 

PREVENTION PLANNING

clip_image007.gifStandard 115.11: Zero tolerance of sexual abuse and sexual harassment; PREA coordinator

clip_image008.gifAll Yes/No Questions Must Be Answered by The Auditor to Complete the Report

115.11 (a)

  • clip_image009.gif Does the agency have a written policy mandating zero tolerance toward all forms of sexual abuse and sexual harassment? ☒ Yes ☐ No
  • Does the written policy outline the agency’s approach to preventing, detecting, and responding to sexual abuse and sexual harassment? ☒ Yes ☐ No

115.11 (b)

  • clip_image009.gif Has the agency employed or designated an agency-wide PREA Coordinator? ☒ Yes ☐ No
  • Is the PREA Coordinator position in the upper-level of the agency hierarchy? ☒ Yes ☐ No
  • Does the PREA Coordinator have sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA standards in all of its facilities?

☒ Yes ☐ No

115.11 (c)

  • clip_image010.gif If this agency operates more than one facility, has each facility designated a PREA compliance manager? (N/A if agency operates only one facility.) ☒ Yes ☐ No ☐ NA
  • Does the PREA compliance manager have sufficient time and authority to coordinate the facility’s efforts to comply with the PREA standards? (N/A if agency operates only one facility.)

☒ Yes ☐ No    ☐ NA

Auditor Overall Compliance Determination

☒   Exceeds Standard (Substantially exceeds requirement of standards)

☐   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all the evidence relied upon in making the compliance or non-compliance determination, the auditor’s analysis and reasoning, and the auditor’s

 

clip_image011.gifconclusions. This discussion must also include corrective action recommendations where the facility does not meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The York County Prison operates one facility; therefore, the standards do not require that this facility has both a PREA Coordinator and a PREA Compliance Manager (PCM). However, the administration has determined that for this facility it is important to employ both positions.

At YCP, the PREA Coordinator is the Deputy Warden of Centralized Services (DW). The PCM handles PREA issues that arise and is also responsible for population management issues. When both were questioned about whether each had enough time in their schedules for PREA issues, each said that they did as they rely on the other to assist when needed.

The DW was clear that she relies a great deal on the PCM to ensure the day to day PREA issues are handled. The PCM indicated that she feels as though her responsibilities can sometimes feel as

though it is two full time jobs. She did indicated that if PREA requires additional time or assistance, it is provided for her.

Review of the policy 2.1: Sexual Abuse, Assault, Prevention and Intervention, shows that the facility has a zero-tolerance policy. It reads as follows.

York County Prison maintains a zero-tolerance policy for all forms of sexual abuse or assault. It is the policy of York County Prison to provide a safe and secure environment for all detainees,

employees, contractors, and volunteers, free from the threat of sexual abuse or assault, by

maintaining a Sexual Abuse and Assault Prevention and Intervention (SAAPI) Program that ensures effective procedures for preventing, reporting, responding to, investigating, and tracking incidents or allegations of sexual abuse or assault. Sexual abuse or assault of detainees/inmates by other detainees/inmates or by employees, contractors, or volunteers is prohibited and subject to administrative, disciplinary, and criminal sanctions.

Standard 115.12: Contracting with other entities for the confinement of inmates

clip_image012.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.12 (a)

  • clip_image013.gif If this agency is public and it contracts for the confinement of its inmates with private agencies or other entities including other government agencies, has the agency included the entity’s obligation to comply with the PREA standards in any new contract or contract renewal signed on or after August 20, 2012? (N/A if the agency does not contract with private agencies or other entities for the confinement of inmates.) ☐ Yes ☐ No ☒ NA

115.12 (b)

  • clip_image009.gif Does any new contract or contract renewal signed on or after August 20, 2012 provide for agency contract monitoring to ensure that the contractor is complying with the PREA standards? (N/A if the agency does not contract with private agencies or other entities for the confinement

of inmates.)   ☐ Yes ☐ No    ☒ NA

 

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

clip_image014.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The York County Prison does not contract with other facilities to house inmates.

Standard 115.13: Supervision and monitoring

clip_image015.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.13 (a)

  • clip_image016.gif Does the facility have a documented staffing plan that provides for adequate levels of staffing and, where applicable, video monitoring, to protect inmates against sexual abuse?

☒ Yes ☐ No

  • In calculating adequate staffing levels and determining the need for video monitoring, does the staffing plan take into consideration: Generally accepted detention and correctional practices?

☒ Yes ☐ No

  • In calculating adequate staffing levels and determining the need for video monitoring, does the staffing plan take into consideration: Any judicial findings of inadequacy? ☒ Yes ☐ No
  • In calculating adequate staffing levels and determining the need for video monitoring, does the staffing plan take into consideration: Any findings of inadequacy from Federal investigative agencies? ☒ Yes ☐ No
  • In calculating adequate staffing levels and determining the need for video monitoring, does the staffing plan take into consideration: Any findings of inadequacy from internal or external oversight bodies? ☒ Yes ☐ No
  • In calculating adequate staffing levels and determining the need for video monitoring, does the staffing plan take into consideration: All components of the facility’s physical plant (including “blind-spots” or areas where staff or inmates may be isolated)? ☒ Yes ☐ No

 

  • In calculating adequate staffing levels and determining the need for video monitoring, does the staffing plan take into consideration: The composition of the inmate population? ☒ Yes ☐ No
  • In calculating adequate staffing levels and determining the need for video monitoring, does the staffing plan take into consideration: The number and placement of supervisory staff?

☒ Yes ☐ No

  • In calculating adequate staffing levels and determining the need for video monitoring, does the staffing plan take into consideration: The institution programs occurring on a particular shift?

☒ Yes ☐ No    ☐ NA

  • In calculating adequate staffing levels and determining the need for video monitoring, does the staffing plan take into consideration: Any applicable State or local laws, regulations, or standards? ☒ Yes ☐ No
  • In calculating adequate staffing levels and determining the need for video monitoring, does the staffing plan take into consideration: The prevalence of substantiated and unsubstantiated incidents of sexual abuse? ☒ Yes ☐ No
  • In calculating adequate staffing levels and determining the need for video monitoring, does the staffing plan take into consideration: Any other relevant factors? ☒ Yes ☐ No

115.13 (b)

  • clip_image016.gif In circumstances where the staffing plan is not complied with, does the facility document and justify all deviations from the plan? (N/A if no deviations from staffing plan.)

☒ Yes ☐ No    ☐ NA

115.13 (c)

  • clip_image009.gif In the past 12 months, has the facility, in consultation with the agency PREA Coordinator, assessed, determined, and documented whether adjustments are needed to: The staffing plan established pursuant to paragraph (a) of this section? ☒ Yes ☐ No
  • In the past 12 months, has the facility, in consultation with the agency PREA Coordinator, assessed, determined, and documented whether adjustments are needed to: The facility’s deployment of video monitoring systems and other monitoring technologies? ☒ Yes ☐ No
  • In the past 12 months, has the facility, in consultation with the agency PREA Coordinator, assessed, determined, and documented whether adjustments are needed to: The resources the facility has available to commit to ensure adherence to the staffing plan? ☒ Yes ☐ No

115.13 (d)

  • clip_image013.gif Has the facility/agency implemented a policy and practice of having intermediate-level or higher- level supervisors conduct and document unannounced rounds to identify and deter staff sexual abuse and sexual harassment? ☒ Yes ☐ No
  • Is this policy and practice implemented for night shifts as well as day shifts? ☒ Yes ☐ No

 

  • Does the facility/agency have a policy prohibiting staff from alerting other staff members that these supervisory rounds are occurring, unless such announcement is related to the legitimate operational functions of the facility? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

clip_image017.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Each facility which complies with PREA standards is required to have a staffing plan which is reviewed once a year. YCP has created a staffing plan for the facility and that plan is reviewed annually. Upon the review of this staffing plan, it is missing several of the elements required by this standard.

During the corrective action period, the facility provided additional documentation in which all elements could be verified. These documents included the 2017-2020 Strategic Plan and YCP-PREA Yearend Reports, PA DOC Review – 2017, 2018, 2019 and 2020 Staffing Analysis documents.

As part of the discussion, this Auditor provided examples of compliant staffing plans from other facilities as requested by the Warden at YCP, as well as a guidance document written by the PRC. It would be this Auditor’s recommendation that the facility write a staffing plan consistent with the examples provided.

Unannounced rounds are conducted in the facility as required. Higher level staff members are required to conduct rounds on a daily basis on each shift, including the overnight shifts. Each staff member documents these rounds in the logbooks for each housing unit. Documentation was shown to this Auditor during the onsite audit visit. In addition, the facility provided examples of these logbooks as

part of the supporting documentation in the pre-audit phase of the audit.

During the onsite tour of the facility, there were (3) areas that need to be addressed to come into compliance with this standard. This Auditor discussed these items with the staff members on the tour at the time.

o  B-Pod – the film on the window needs to be extended to ensure that showers are not visible to the hallway.

o  D-Pod – the film on the hallway windows to the showers need to be fixed to ensure that staff cannot view into the showers to view genital areas of inmates.

o  F-Pod – a shower curtain needs to be put on the shower to ensure that inmates can shower without being viewed by staff members of the opposite sex.

 

The facility has made these required corrections and provided photographs of these areas showing the corrections made.

clip_image018.gifStandard 115.14: Youthful inmates

clip_image019.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.14 (a)

  • clip_image013.gif Does the facility place all youthful inmates in housing units that separate them from sight, sound, and physical contact with any adult inmates through use of a shared dayroom or other common space, shower area, or sleeping quarters? (N/A if facility does not have youthful inmates [inmates <18 years old].) ☐ Yes ☒ No ☐ NA

115.14 (b)

  • clip_image020.gif In areas outside of housing units does the agency maintain sight and sound separation between youthful inmates and adult inmates? (N/A if facility does not have youthful inmates [inmates <18 years old].) ☒ Yes ☐ No   ☐ NA
  • In areas outside of housing units does the agency provide direct staff supervision when youthful inmates and adult inmates have sight, sound, or physical contact? (N/A if facility does not have youthful inmates [inmates <18 years old].) ☒ Yes ☐ No ☐ NA

115.14 (c)

  • clip_image010.gif Does the agency make its best efforts to avoid placing youthful inmates in isolation to comply with this provision? (N/A if facility does not have youthful inmates [inmates <18 years old].)

☒ Yes ☐ No    ☐ NA

  • Does the agency, while complying with this provision, allow youthful inmates daily large-muscle exercise and legally required special education services, except in exigent circumstances? (N/A if facility does not have youthful inmates [inmates <18 years old].) ☒ Yes ☐ No ☐ NA
  • Do youthful inmates have access to other programs and work opportunities to the extent possible? (N/A if facility does not have youthful inmates [inmates <18 years old].)

☒ Yes ☐ No    ☐ NA

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

 

clip_image021.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The YCP houses youthful inmates for the county. Due to the COVID-19 pandemic, the facility is housing those inmates in an area call the “Busy Unit”. This unit has (3) cells in a hallway and another (2) cells around the corner.

The showers are across the hallway for this unit. At the end of the hallway, there is a hearing officer office. There is no dayroom for this “unit”.

There was a discussion with the staff and this Auditor regarding this housing arrangement. While the reasoning for the change in the housing areas is understandable, this arrangement does not meet PREA standard §115.14.

Because this hallway is used to get to the hearing officer, adult inmates are through that area throughout the day. Additionally, the (2) cells around the corner from the youthful inmates are utilized for adult offenders. While the youthful inmates cannot see these (2) cells, they could hear anyone in those (2) cells.

In order to come into compliance with this standard, the facility was required to house all youthful inmates under the age of (18) in an area where they will be sight and sound separated from adult offenders and if they are out of the housing unit, they are to be escorted by correctional staff.

The facility made the determination to move all youthful inmates under the age of (18) back to the pod where they were initially housed which is East F-Pod. The facility provided system generated Block Reports to verify that these youthful inmates are in this housing unit. A memo from the PREA Coordinator/Deputy Warden was also provided indicating that there is no intention of moving these offenders unless there is an emergent circumstance.

Standard 115.15: Limits to cross-gender viewing and searches

clip_image022.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.15 (a)

  • clip_image020.gif Does the facility always refrain from conducting any cross-gender strip or cross-gender visual body cavity searches, except in exigent circumstances or by medical practitioners?

☒ Yes ☐ No

115.15 (b)

  • clip_image013.gif Does the facility always refrain from conducting cross-gender pat-down searches of female inmates, except in exigent circumstances? (N/A if the facility does not have female inmates.)

☒ Yes ☐ No    ☐ NA

 

  • Does the facility always refrain from restricting female inmates’ access to regularly available programming or other out-of-cell opportunities in order to comply with this provision? (N/A if the facility does not have female inmates.) ☒ Yes ☐ No ☐ NA

115.15 (c)

  • clip_image016.gif Does the facility document all cross-gender strip searches and cross-gender visual body cavity searches? ☒ Yes ☐ No
  • Does the facility document all cross-gender pat-down searches of female inmates? (N/A if the facility does not have female inmates.) ☒ Yes ☐ No ☐ NA

115.15 (d)

  • clip_image020.gif Does the facility have policies that enables inmates to shower, perform bodily functions, and change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks? ☒ Yes ☐ No
  • Does the facility have procedures that enables inmates to shower, perform bodily functions, and change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks? ☒ Yes ☐ No
  • Does the facility require staff of the opposite gender to announce their presence when entering an inmate housing unit? ☒ Yes ☐ No

115.15 (e)

  • clip_image020.gif Does the facility always refrain from searching or physically examining transgender or intersex inmates for the sole purpose of determining the inmate’s genital status? ☒ Yes ☐ No
  • If an inmate’s genital status is unknown, does the facility determine genital status during conversations with the inmate, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner? ☒ Yes ☐ No

115.15 (f)

  • clip_image013.gif Does the facility/agency train security staff in how to conduct cross-gender pat down searches in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs? ☒ Yes ☐ No
  • Does the facility/agency train security staff in how to conduct searches of transgender and intersex inmates in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs? ☒ Yes ☐ No

 

Auditor Overall Compliance Determination

☒   Exceeds Standard (Substantially exceeds requirement of standards)

☐   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

clip_image023.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

At the time of the onsite audit visit, there were (2) transgender inmates at the facility. Both were interviewed as part of the onsite audit process. It was clear from these interviews, as well as the interviews with staff, that the staff are comfortable working with transgender and intersex inmates.

The facility has been working with transgender and intersex inmates for many years. Each inmate who identifies as transgender or intersex is evaluated on a case by case basis to determine where that individual should be housed. Staff have regular contact with transgender and intersex individuals to ensure that they are safe.

These individuals are given the opportunity to shower at a different time then the rest of the unit that they are living in. If an inmate remains in the facility for at least (6) months, the staff will conduct a specific interview to determine if the inmate has any concerns with their housing assignment.

Interviews with the transgender inmates at the facility confirmed the information that was provided by the staff members. Each were asked the gender of the staff members who conduct their strip searches. Each indicated that staff address them by their preferred pronouns.

Standard 115.16: Inmates with disabilities and inmates who are limited

English proficient

clip_image024.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.16 (a)

  • clip_image009.gif Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment, including: inmates who are deaf or hard of hearing? ☒ Yes ☐ No
  • Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect,

 

and respond to sexual abuse and sexual harassment, including: inmates who are blind or have low vision? ☒ Yes ☐ No

  • Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment, including: inmates who have intellectual disabilities? ☒ Yes ☐ No
  • Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment, including: inmates who have psychiatric disabilities? ☒ Yes ☐ No
  • Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment, including: inmates who have speech disabilities? ☒ Yes ☐ No
  • Does the agency take appropriate steps to ensure that inmates with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment, including: Other (if "other," please explain in overall determination notes)? ☒ Yes ☐ No
  • Do such steps include, when necessary, ensuring effective communication with inmates who are deaf or hard of hearing? ☒ Yes ☐ No
  • Do such steps include, when necessary, providing access to interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary? ☒ Yes ☐ No
  • Does the agency ensure that written materials are provided in formats or through methods that ensure effective communication with inmates with disabilities including inmates who: Have intellectual disabilities? ☒ Yes ☐ No
  • Does the agency ensure that written materials are provided in formats or through methods that ensure effective communication with inmates with disabilities including inmates who: Have limited reading skills? ☒ Yes ☐ No
  • Does the agency ensure that written materials are provided in formats or through methods that ensure effective communication with inmates with disabilities including inmates who: Are blind or have low vision? ☒ Yes ☐ No

115.16 (b)

  • clip_image010.gif Does the agency take reasonable steps to ensure meaningful access to all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment to inmates who are limited English proficient? ☒ Yes ☐ No

 

  • Do these steps include providing interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary?

☒ Yes ☐ No

115.16 (c)

  • clip_image020.gif Does the agency always refrain from relying on inmate interpreters, inmate readers, or other types of inmate assistance except in limited circumstances where an extended delay in

obtaining an effective interpreter could compromise the inmate’s safety, the performance of first- response duties under §115.64, or the investigation of the inmate’s allegations? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☒   Exceeds Standard (Substantially exceeds requirement of standards)

☐   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

clip_image025.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

As this facility not only holds county offenders, it is also a facility which housed detainees for ICE. Because of this, the facility works to ensure that it is able to communicate effectively with inmates/detainees.

In all of the housing units, all posted information is in both English and Spanish. There are a number of staff members who are bilingual or more. A new tool that the facility has purchased to assist with translation is a handheld translation device. This is an excellent tool and one that this Auditor has not seen before. If none of those options are available at the time, the facility has a contract with a translation service that staff can call to assist. This company is Bilingual Conexion.

Additionally, if there are inmates who are deaf or hard of hearing, the facility will utilize closed captioning on videos that inmates view and have materials to read. Staff indicated that if there was an inmate who presented as cognitively impaired, they will read the information to the inmate or look for other ways to ensure that inmate understands the information provided.

Standard 115.17: Hiring and promotion decisions

clip_image026.gifclip_image010.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.17 (a)

 

  • Does the agency prohibit the hiring or promotion of anyone who may have contact with inmates who has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997)? ☒ Yes ☐ No
  • Does the agency prohibit the hiring or promotion of anyone who may have contact with inmates who has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent

or was unable to consent or refuse? ☒ Yes ☐ No

  • Does the agency prohibit the hiring or promotion of anyone who may have contact with inmates who has been civilly or administratively adjudicated to have engaged in the activity described in the question immediately above? ☒ Yes ☐ No
  • Does the agency prohibit the enlistment of services of any contractor who may have contact

with inmates who has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997)? ☒ Yes ☐ No

  • Does the agency prohibit the enlistment of services of any contractor who may have contact with inmates who has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse? ☒ Yes ☐ No
  • Does the agency prohibit the enlistment of services of any contractor who may have contact

with inmates who has been civilly or administratively adjudicated to have engaged in the activity described in the question immediately above? ☒ Yes ☐ No

115.17 (b)

  • clip_image013.gif Does the agency consider any incidents of sexual harassment in determining whether to hire or promote anyone who may have contact with inmates? ☒ Yes ☐ No
  • Does the agency consider any incidents of sexual harassment in determining whether to enlist the services of any contractor who may have contact with inmates? ☒ Yes ☐ No

115.17 (c)

  • clip_image010.gif Before hiring new employees, who may have contact with inmates, does the agency perform a criminal background records check? ☒ Yes ☐ No
  • Before hiring new employees who may have contact with inmates, does the agency, consistent with Federal, State, and local law, make its best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of an allegation of sexual abuse? ☒ Yes ☐ No

115.17 (d)

  • clip_image020.gif Does the agency perform a criminal background records check before enlisting the services of any contractor who may have contact with inmates? ☒ Yes ☐ No

 

115.17 (e)

  • clip_image010.gif Does the agency either conduct criminal background records checks at least every five years of current employees and contractors who may have contact with inmates or have in place a system for otherwise capturing such information for current employees? ☒ Yes ☐ No

115.17 (f)

  • clip_image016.gif Does the agency ask all applicants and employees who may have contact with inmates directly about previous misconduct described in paragraph (a) of this section in written applications or interviews for hiring or promotions? ☒ Yes ☐ No
  • Does the agency ask all applicants and employees who may have contact with inmates directly about previous misconduct described in paragraph (a) of this section in any interviews or written self-evaluations conducted as part of reviews of current employees? ☒ Yes ☐ No
  • Does the agency impose upon employees a continuing affirmative duty to disclose any such misconduct? ☒ Yes ☐ No

115.17 (g)

  • clip_image009.gif Does the agency consider material omissions regarding such misconduct, or the provision of materially false information, grounds for termination? ☒ Yes ☐ No

115.17 (h)

  • clip_image010.gif Does the agency provide information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an institutional employer for whom such employee has applied to work? (N/A if providing information on substantiated allegations of sexual abuse or sexual harassment involving a former employee is prohibited by law.) ☒ Yes ☐ No ☐ NA

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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

 

clip_image027.gifnot meet the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The hiring process for the prison is a multi-step process involving the county human resources department, the prison’s human resources department and head of security for the facility. The process begins with the applicant completing the application on NEO.gov. The application has a

statement to be signed off on by the applicant indicating that all information is correct to the best of their knowledge.

The prison’s HR person will go and pull the applications off of the website and screen those applications with a relatively new rating sheet. When the position notification closes and the rating sheets have been completed, the HR person will have the corrections officer candidates complete React training. Once those results are back, interviews will be determined and scheduled. During the interview process, candidates will be asked to complete a background check authorization form, drug screen authorization, provide (3) references, PREA information release form and a form with the PREA questions.

From those interviews, the interview panel will make their selections. These names are then sent to the county HR department, who will them check references. At the same time, the security commander at the facility will complete the background checks and contact any correctional facilities that the

applicants may have worked at before applying to YCP.

Background checks are completed every (5) years as required by PREA standard. Additionally, background checks are completed when an employee applies for a promotion.

Standard 115.18: Upgrades to facilities and technologies

clip_image026.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.18 (a)

  • clip_image010.gif If the agency designed or acquired any new facility or planned any substantial expansion or modification of existing facilities, did the agency consider the effect of the design, acquisition, expansion, or modification upon the agency’s ability to protect inmates from sexual abuse? (N/A if agency/facility has not acquired a new facility or made a substantial expansion to existing facilities since August 20, 2012, or since the last PREA audit, whichever is later.)

☐ Yes ☐ No    ☒ NA

115.18 (b)

  • clip_image020.gif If the agency installed or updated a video monitoring system, electronic surveillance system, or other monitoring technology, did the agency consider how such technology may enhance the agency’s ability to protect inmates from sexual abuse? (N/A if agency/facility has not installed or updated a video monitoring system, electronic surveillance system, or other monitoring technology since August 20, 2012, or since the last PREA audit, whichever is later.)

☒ Yes ☐ No    ☐ NA

Auditor Overall Compliance Determination

 

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

clip_image028.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

YCP has not made any substantial additions or renovations to the physical plant of the facility during this audit cycle. However, the facility has added cameras to the existing system over the past year. These cameras were added because of conversations regarding blindspots in the facility.

RESPONSIVE PLANNING

clip_image029.gifStandard 115.21: Evidence protocol and forensic medical examinations

clip_image030.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.21 (a)

  • clip_image020.gif If the agency is responsible for investigating allegations of sexual abuse, does the agency follow a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions? (N/A if the agency/facility is not responsible for conducting any form of criminal OR administrative sexual abuse investigations.)

☒ Yes ☐ No    ☐ NA

115.21 (b)

  • clip_image010.gif Is this protocol developmentally appropriate for youth where applicable? (N/A if the agency/facility is not responsible for conducting any form of criminal OR administrative sexual abuse investigations.) ☒ Yes ☐ No ☐ NA
  • Is this protocol, as appropriate, adapted from or otherwise based on the most recent edition of the U.S. Department of Justice’s Office on Violence Against Women publication, “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” or similarly comprehensive and authoritative protocols developed after 2011? (N/A if the agency/facility is not responsible for conducting any form of criminal OR administrative sexual abuse investigations.) ☒ Yes ☐ No ☐ NA

 

115.21 (c)

  • clip_image009.gif Does the agency offer all victims of sexual abuse access to forensic medical examinations, whether on-site or at an outside facility, without financial cost, where evidentiarily or medically appropriate? ☒ Yes ☐ No
  • Are such examinations performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual

Assault Nurse Examiners (SANEs) where possible? ☒ Yes ☐ No

  • If SAFEs or SANEs cannot be made available, is the examination performed by other qualified medical practitioners (they must have been specifically trained to conduct sexual assault forensic exams)? ☒ Yes ☐ No
  • Has the agency documented its efforts to provide SAFEs or SANEs? ☒ Yes ☐ No

115.21 (d)

  • clip_image013.gif Does the agency attempt to make available to the victim a victim advocate from a rape crisis center? ☒ Yes ☐ No
  • If a rape crisis center is not available to provide victim advocate services, does the agency make available to provide these services a qualified staff member from a community-based organization, or a qualified agency staff member? (N/A if the agency always makes a victim advocate from a rape crisis center available to victims.) ☐ Yes ☐ No ☒ NA
  • Has the agency documented its efforts to secure services from rape crisis centers?

☒ Yes ☐ No

115.21 (e)

  • clip_image016.gif As requested by the victim, does the victim advocate, qualified agency staff member, or qualified community-based organization staff member accompany and support the victim through the forensic medical examination process and investigatory interviews? ☒ Yes ☐ No
  • As requested by the victim, does this person provide emotional support, crisis intervention, information, and referrals? ☒ Yes ☐ No

115.21 (f)

  • clip_image020.gif If the agency itself is not responsible for investigating allegations of sexual abuse, has the agency requested that the investigating agency follow the requirements of paragraphs (a) through (e) of this section? (N/A if the agency/facility is responsible for conducting criminal AND administrative sexual abuse investigations.) ☒ Yes ☐ No ☐ NA

115.21 (g)

  • clip_image010.gifclip_image013.gif Auditor is not required to audit this provision.

115.21 (h)

 

  • If the agency uses a qualified agency staff member or a qualified community-based staff member for the purposes of this section, has the individual been screened for appropriateness to serve in this role and received education concerning sexual assault and forensic examination issues in general? (N/A if agency always makes a victim advocate from a rape crisis center available to victims.) ☐ Yes ☐ No ☒ NA

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

clip_image031.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

York County Prison is responsible for conducting the administrative investigations within the facility. Should the PREA Lieutenant determine that there are criminal elements to the case, he immediately contacts the Pennsylvania State Police to conduct the criminal investigation.

The PREA Lieutenant at the facility has been trained and utilizes a protocol for the preservation or collection of evidence. The facility has created a checklist to ensure that evidence is appropriately collected and/or preserved.

Should an incident be determined to fall within the (96) hour window, the victim will be transported to the York Hospital. This is hospital is close to the facility and has SAFE nurses on staff to conduct the forensic examinations.

The agency’s PREA policy clearly states that all services related to being a victim of sexual abuse at the facility, both emergency and ongoing, shall be provided without cost to the victim and regardless of whether the victim identifies the abuser.

When there is a victim that comes to the hospital for a forensic examination, the local rape crisis center is notified. This is typically done by the hospital. The recommendation was made by this Auditor for the facility itself to notify the rape crisis center in order to give additional time for an advocate to go to

the hospital to provide accompaniment and information can be provided to the staff about the advocate that will be at the procedure.

At the time of the onsite audit, the facility was in the process of working with the local rape crisis center, YWCA of York. The facility provided email correspondence with the YWCA of York to set up a meeting. This process has had a set back though with the onset of the pandemic. The PCM will be reaching out to the rape crisis center to get that process and the Memorandum of Understanding (MOU) completed.

 

Standard 115.22: Policies to ensure referrals of allegations for investigations

clip_image032.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.22 (a)

  • clip_image010.gif Does the agency ensure an administrative or criminal investigation is completed for all allegations of sexual abuse? ☒ Yes ☐ No
  • Does the agency ensure an administrative or criminal investigation is completed for all allegations of sexual harassment? ☒ Yes ☐ No

115.22 (b)

  • clip_image010.gif Does the agency have a policy and practice in place to ensure that allegations of sexual abuse or sexual harassment are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior? ☒ Yes ☐ No
  • Has the agency published such policy on its website or, if it does not have one, made the policy available through other means? ☒ Yes ☐ No
  • clip_image010.gif Does the agency document all such referrals? ☒ Yes ☐ No

115.22 (c)

  • If a separate entity is responsible for conducting criminal investigations, does the policy describe the responsibilities of both the agency and the investigating entity? (N/A if the agency/facility is responsible for criminal investigations. See 115.21(a).) ☒ Yes ☐ No ☐ NA

115.22 (d)

  • clip_image010.gif Auditor is not required to audit this provision.

115.22 (e)

  • clip_image020.gif Auditor is not required to audit this provision.

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

 

Instructions for Overall Compliance Determination Narrative

clip_image033.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

York County Prison staff ensure that all allegations of sexual abuse and sexual harassment are investigated administratively, and if the investigator believes there may be criminal elements to the allegation, a referral is made to the Pennsylvania State Police for criminal investigation.

Information regarding the investigation process is included on the agency’s website. This information can be found at the following address.

https://yorkcountypa.gov/courts-criminal-justice/prison/inmate-rules-and-policies/prison-rape- elimination-act-information.html

clip_image034.gifThe facility and staff do an excellent job of documenting all investigations related to sexual abuse and sexual harassment.

TRAINING AND EDUCATION

Standard 115.31: Employee training

clip_image022.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.31 (a)

  • clip_image020.gif Does the agency train all employees who may have contact with inmates on its zero-tolerance policy for sexual abuse and sexual harassment? ☒ Yes ☐ No
  • Does the agency train all employees who may have contact with inmates on how to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures? ☒ Yes ☐ No
  • Does the agency train all employees who may have contact with inmates on inmates’ right to be free from sexual abuse and sexual harassment ☒ Yes ☐ No
  • Does the agency train all employees who may have contact with inmates on the right of inmates and employees to be free from retaliation for reporting sexual abuse and sexual harassment?

☒ Yes ☐ No

  • Does the agency train all employees who may have contact with inmates on the dynamics of sexual abuse and sexual harassment in confinement? ☒ Yes ☐ No
  • Does the agency train all employees who may have contact with inmates on the common reactions of sexual abuse and sexual harassment victims? ☒ Yes ☐ No

 

  • Does the agency train all employees who may have contact with inmates on how to detect and respond to signs of threatened and actual sexual abuse? ☒ Yes ☐ No
  • Does the agency train all employees who may have contact with inmates on how to avoid inappropriate relationships with inmates? ☒ Yes ☐ No
  • Does the agency train all employees who may have contact with inmates on how to communicate effectively and professionally with inmates, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming inmates? ☒ Yes ☐ No
  • Does the agency train all employees who may have contact with inmates on how to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities?

☒ Yes ☐ No

115.31 (b)

  • clip_image020.gif Is such training tailored to the gender of the inmates at the employee’s facility? ☒ Yes ☐ No
  • clip_image020.gif Have employees received additional training if reassigned from a facility that houses only male inmates to a facility that houses only female inmates, or vice versa? ☒ Yes ☐ No

115.31 (c)

  • Have all current employees who may have contact with inmates received such training?

☒ Yes ☐ No

  • Does the agency provide each employee with refresher training every two years to ensure that all employees know the agency’s current sexual abuse and sexual harassment policies and procedures? ☒ Yes ☐ No
  • In years in which an employee does not receive refresher training, does the agency provide refresher information on current sexual abuse and sexual harassment policies? ☒ Yes ☐ No

115.31 (d)

  • clip_image013.gif Does the agency document, through employee signature or electronic verification, that employees understand the training they have received? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

 

clip_image035.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

From the interviews with staff and review of documentation, employee training is a high priority for the facility. Staff are provided training on PREA during their initial training when they are hired at the facility, no matter what position they will be filling.

Additionally, there is annual training provided to all employees. This block training includes a segment dedicated to PREA. This training is provided by the Training Lieutenants at the facility or via an online training component. This varies from year to year.

Review of the training components verified that all required components are included in the initial training provided to all staff.

Training documentation is captured in an electronic system for the online components and paper documentation is kept for components that are done in person.

Standard 115.32: Volunteer and contractor training

clip_image022.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.32 (a)

  • clip_image009.gif Has the agency ensured that all volunteers and contractors who have contact with inmates have been trained on their responsibilities under the agency’s sexual abuse and sexual harassment prevention, detection, and response policies and procedures? ☒ Yes ☐ No

115.32 (b)

  • clip_image013.gif Have all volunteers and contractors who have contact with inmates been notified of the agency’s zero-tolerance policy regarding sexual abuse and sexual harassment and informed how to report such incidents (the level and type of training provided to volunteers and contractors shall be based on the services they provide and level of contact they have with inmates)? ☒ Yes ☐ No

115.32 (c)

  • clip_image013.gif Does the agency maintain documentation confirming that volunteers and contractors understand the training they have received? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

 

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

clip_image036.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Volunteers are normally utilized in the facility during “normal” operations. However, again due to the pandemic, volunteers are not being used at this time. They have not been in the facility since March

2020, the time when the Commonwealth of Pennsylvania ordered the state to be shut down with the exception of essential services.

There is an application process for volunteers to complete that includes PREA questions which are similar to those that are asked on the employment application for a paid position in the facility.

Before a volunteer is allowed to enter the facility and have contact with inmates, they are required to go through a security briefing and PREA orientation. These training pieces were provided for review

during the pre-audit phase of this audit and determined to be very thorough and provides the required information.

There was one volunteer interview conducted via telephone during the onsite audit. This individual indicated that he has been volunteering at the facility as a religious volunteer. He has had training on PREA at least two times in his memory.

Files are kept on all volunteers to include their background check, application and training information.

Standard 115.33: Inmate education

clip_image030.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.33 (a)

  • clip_image016.gif During intake, do inmates receive information explaining the agency’s zero-tolerance policy regarding sexual abuse and sexual harassment? ☒ Yes ☐ No
  • During intake, do inmates receive information explaining how to report incidents or suspicions of sexual abuse or sexual harassment? ☒ Yes ☐ No

115.33 (b)

  • clip_image020.gif Within 30 days of intake, does the agency provide comprehensive education to inmates either in person or through video regarding: Their rights to be free from sexual abuse and sexual harassment? ☒ Yes ☐ No

 

  • Within 30 days of intake, does the agency provide comprehensive education to inmates either in person or through video regarding: Their rights to be free from retaliation for reporting such incidents? ☒ Yes ☐ No
  • Within 30 days of intake, does the agency provide comprehensive education to inmates either in person or through video regarding: Agency policies and procedures for responding to such incidents? ☒ Yes ☐ No

115.33 (c)

  • clip_image016.gif Have all inmates received the comprehensive education referenced in 115.33(b)? ☒ Yes ☐

No

  • Do inmates receive education upon transfer to a different facility to the extent that the policies and procedures of the inmate’s new facility differ from those of the previous facility?

☒ Yes ☐ No

115.33 (d)

  • clip_image009.gif Does the agency provide inmate education in formats accessible to all inmates including those who are limited English proficient? ☒ Yes ☐ No
  • Does the agency provide inmate education in formats accessible to all inmates including those who are deaf? ☒ Yes ☐ No
  • Does the agency provide inmate education in formats accessible to all inmates including those who are visually impaired? ☒ Yes ☐ No
  • Does the agency provide inmate education in formats accessible to all inmates including those who are otherwise disabled? ☒ Yes ☐ No
  • Does the agency provide inmate education in formats accessible to all inmates including those who have limited reading skills? ☒ Yes ☐ No

115.33 (e)

  • clip_image020.gif Does the agency maintain documentation of inmate participation in these education sessions?

☒ Yes ☐ No

115.33 (f)

  • clip_image020.gif In addition to providing such education, does the agency ensure that key information is continuously and readily available or visible to inmates through posters, inmate handbooks, or other written formats? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

 

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

clip_image037.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Inmates who enter YCP receive information regarding PREA in several different methods. In the booking area, the facility has televisions playing continuously which plays a video with PREA information in both English and Spanish. This information includes what PREA is and how to report if an inmate would need to. This video has information displayed in English so that if an inmate is deaf or hard of hearing, they can read the information included. This video is also played in all housing units

on the facility channel at 5:00 PM every day.

The facility has information in the inmate handbook regarding PREA, its definitions and how to make a report of sexual abuse and sexual harassment.

In all housing units, PREA information is posted on the walls. They are in both English and Spanish. And if an inmate would need another language to read, there are translation services available to assist.

Interviews conducted with inmates verified that PREA information is being provided by the staff.

Standard 115.34: Specialized training: Investigations

clip_image030.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.34 (a)

  • clip_image016.gifclip_image010.gif In addition to the general training provided to all employees pursuant to §115.31, does the agency ensure that, to the extent the agency itself conducts sexual abuse investigations, its investigators receive training in conducting such investigations in confinement settings? (N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).) ☒ Yes ☐ No ☐ NA

115.34 (b)

  • Does this specialized training include techniques for interviewing sexual abuse victims? (N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).)   ☒ Yes ☐ No ☐ NA

 

  • Does this specialized training include proper use of Miranda and Garrity warnings? (N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).)   ☒ Yes ☐ No ☐ NA
  • Does this specialized training include sexual abuse evidence collection in confinement settings? (N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).) ☒ Yes ☐ No ☐ NA
  • Does this specialized training include the criteria and evidence required to substantiate a case for administrative action or prosecution referral? (N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).)

☒ Yes ☐ No    ☐ NA

115.34 (c)

  • clip_image010.gif Does the agency maintain documentation that agency investigators have completed the

required specialized training in conducting sexual abuse investigations? (N/A if the agency does not conduct any form of administrative or criminal sexual abuse investigations. See 115.21(a).)

☒ Yes ☐ No    ☐ NA

115.34 (d)

  • clip_image020.gif Auditor is not required to audit this provision.

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

clip_image038.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Specialized training for investigations is provided to any staff member that may have to conduct portions of investigations related to sexual abuse and sexual harassment. Both the PREA Lieutenant and PCM received this training at the PADOC training academy.

Additionally, staff participate in the online training provided through NIC. The facility has provided information indicating the individuals who have taken both the basic investigations training from NIC as well as the advanced investigations training from NIC.

 

This Auditor is familiar with all of these trainings and they meet the requirements of this standard for what should be included in a specialized investigations training.

clip_image039.gifStandard 115.35: Specialized training: Medical and mental health care

clip_image022.gifAll Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.35 (a)

  • clip_image013.gif Does the agency ensure that all full- and part-time medical and mental health care practitioners who work regularly in its facilities have been trained in how to detect and assess signs of sexual abuse and sexual harassment? (N/A if the agency does not have any full- or part-time medical

or mental health care practitioners who work regularly in its facilities.) ☒ Yes ☐ No ☐ NA

  • Does the agency ensure that all full- and part-time medical and mental health care practitioners who work regularly in its facilities have been trained in how to preserve physical evidence of sexual abuse? (N/A if the agency does not have any full- or part-time medical or mental health care practitioners who work regularly in its facilities.) ☒ Yes ☐ No ☐ NA
  • Does the agency ensure that all full- and part-time medical and mental health care practitioners who work regularly in its facilities have been trained in how to respond effectively and professionally to victims of sexual abuse and sexual harassment? (N/A if the agency does not have any full- or part-time medical or mental health care practitioners who work regularly in its facilities.) ☒ Yes ☐ No ☐ NA
  • Does the agency ensure that all full- and part-time medical and mental health care practitioners who work regularly in its facilities have been trained in how and to whom to report allegations or suspicions of sexual abuse and sexual harassment? (N/A if the agency does not have any full- or part-time medical or mental health care practitioners who work regularly in its facilities.)

clip_image010.gif☒ Yes ☐ No    ☐ NA

115.35 (b)

  • If medical staff employed by the agency conduct forensic examinations, do such medical staff receive appropriate training to conduct such examinations? (N/A if agency medical staff at the facility do not conduct forensic exams or the agency does not employ medical staff.)

☐ Yes ☐ No    ☒ NA

115.35 (c)

  • clip_image020.gifclip_image010.gif Does the agency maintain documentation that medical and mental health practitioners have received the training referenced in this standard either from the agency or elsewhere? (N/A if the agency does not have any full- or part-time medical or mental health care practitioners who work regularly in its facilities.) ☒ Yes ☐ No ☐ NA

115.35 (d)

 

  • Do medical and mental health care practitioners employed by the agency also receive training mandated for employees by §115.31? (N/A if the agency does not have any full- or part-time medical or mental health care practitioners employed by the agency.)

☒ Yes ☐ No    ☐ NA

  • Do medical and mental health care practitioners contracted by or volunteering for the agency also receive training mandated for contractors and volunteers by §115.32? (N/A if the agency does not have any full- or part-time medical or mental health care practitioners contracted by or volunteering for the agency.) ☒ Yes ☐ No ☐ NA

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

clip_image040.gifThe narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

York County Prison contracts with PrimeCare, who provides both medical and mental health services to the inmates at the facility. Through interviews with the contracted staff at the facility, it was evident that these contracted staff have had PREA training both through PrimeCare and through YCP. Interviews with staff indicated that the online training through PrimeCare is through the RELIAS training system.

Review of the documentation provided for this standard was unclear as to the specific training. The documentation provided was for a training titled “PREA: Reporting Obligations and Retaliation Protections”. As there was no curriculum provided for this training, this Auditor was unable to determine if this training meets the requirements for the Specialized Training for Medical and Mental Health.

The facility was required to provide additional information for the training in order for this Auditor to determine if the documentation provided meets the requirements of this standard. This documentation was provided and determined to satisfy the standard for compliance.

clip_image015.gifSCREENING FOR RISK OF SEXUAL VICTIMIZATION AND ABUSIVENESS

clip_image041.gifStandard 115.41: Screening for risk of victimization and abusiveness

 

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.41 (a)

  • clip_image010.gif Are all inmates assessed during an intake screening for their risk of being sexually abused by other inmates or sexually abusive toward other inmates? ☒ Yes ☐ No
  • Are all inmates assessed upon transfer to another facility for their risk of being sexually abused by other inmates or sexually abusive toward other inmates? ☒ Yes ☐ No

115.41 (b)

  • clip_image010.gif Do intake screenings ordinarily take place within 72 hours of arrival at the facility?

☒ Yes ☐ No

115.41 (c)

  • clip_image016.gif Are all PREA screening assessments conducted using an objective screening instrument?

☒ Yes ☐ No

115.41 (d)

  • clip_image013.gif Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (1) Whether the inmate has a mental, physical, or developmental disability? ☒ Yes ☐ No
  • Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (2) The age of the inmate? ☒ Yes ☐ No
  • Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (3) The physical build of the inmate? ☒ Yes ☐ No
  • Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (4) Whether the inmate has previously been incarcerated?

☒ Yes ☐ No

  • Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (5) Whether the inmate’s criminal history is exclusively nonviolent?

☒ Yes ☐ No

  • Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (6) Whether the inmate has prior convictions for sex offenses against an adult or child? ☒ Yes ☐ No
  • Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (7) Whether the inmate is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming (the facility affirmatively asks the inmate about his/her sexual orientation and gender identity AND makes a subjective

 

determination based on the screener’s perception whether the inmate is gender non-conforming or otherwise may be perceived to be LGBTI)? ☒ Yes ☐ No

  • Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (8) Whether the inmate has previously experienced sexual victimization? ☒ Yes ☐ No
  • Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (9) The inmate’s own perception of vulnerability? ☒ Yes ☐ No
  • Does the intake screening consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: (10) Whether the inmate is detained solely for civil immigration purposes? ☒ Yes ☐ No

115.41 (e)

  • clip_image009.gif In assessing inmates for risk of being sexually abusive, does the initial PREA risk screening consider, as known to the agency, prior acts of sexual abuse? ☒ Yes ☐ No
  • In assessing inmates for risk of being sexually abusive, does the initial PREA risk screening consider, as known to the agency, prior convictions for violent offenses? ☒ Yes ☐ No
  • In assessing inmates for risk of being sexually abusive, does the initial PREA risk screening consider, as known to the agency, history of prior institutional violence or sexual abuse?

☒ Yes ☐ No

115.41 (f)

  • clip_image013.gif Within a set time period not more than 30 days from the inmate’s arrival at the facility, does the facility reassess the inmate’s risk of victimization or abusiveness based upon any additional, relevant information received by the facility since the intake screening? ☒ Yes ☐ No

115.41 (g)

  • clip_image020.gif Does the facility reassess an inmate’s risk level when warranted due to a referral?

☒ Yes ☐ No

  • Does the facility reassess an inmate’s risk level when warranted due to a request?

☒ Yes ☐ No

  • Does the facility reassess an inmate’s risk level when warranted due to an incident of sexual abuse? ☒ Yes ☐ No
  • Does the facility reassess an inmate’s risk level when warranted due to receipt of additional information that bears on the inmate’s risk of sexual victimization or abusiveness?

clip_image020.gif☒ Yes ☐ No

115.41 (h)

 

  • Is it the case that inmates are not ever disciplined for refusing to answer, or for not disclosing complete information in response to, questions asked pursuant to paragraphs (d)(1), (d)(7), (d)(8), or (d)(9) of this section? ☒ Yes ☐ No

115.41 (i)

  • clip_image020.gif Has the agency implemented appropriate controls on the dissemination within the facility of responses to questions asked pursuant to this standard in order to ensure that sensitive information is not exploited to the inmate’s detriment by staff or other inmates? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☒   Exceeds Standard (Substantially exceeds requirement of standards)

☐   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Risk assessments are conducted for all new receptions into the facility at least (3) times if they remain in the facility for at least 60-90 days. These assessments are conducted at the following intervals.

o  Admission (12 hours or less from admission)

o  96-120 hours from admission

o  60-90 days from admission

This policy exceeds the standard for conducting risk assessments. Additionally, the facility conducts

the additional required assessments when new information is presented and if there is an allegation of sexual abuse reported to the facility.

Inmates are informed they do not have to answer questions and will not be punished for refusing to answer questions on the assessment.

During interviews conducted onsite and via telephone, there seemed to be confusion as to whether or not those inmates coming back to YCP from another facility receive an assessment. The facility was required to provide additional information on the process for risk assessment administration when an inmate returns to the facility.

The facility did provide additional information to this Auditor during the corrective action period. It was discovered that if there was an inmate that went out to another facility and came back, risk assessments were not conducted at (72) hours and (30) days as required by the standard. Since this has been identified as an issue for correction, the facility has developed a plan for the PREA Compliance Manager to ensure that these assessments are conducted in the appropriate timeframes.

 

Standard 115.42: Use of screening information

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.42 (a)

  • Does the agency use information from the risk screening required by § 115.41, with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive, to inform: Housing Assignments? ☒ Yes ☐ No
  • Does the agency use information from the risk screening required by § 115.41, with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive, to inform: Bed assignments? ☒ Yes ☐ No
  • Does the agency use information from the risk screening required by § 115.41, with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive, to inform: Work Assignments? ☒ Yes ☐ No
  • Does the agency use information from the risk screening required by § 115.41, with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive, to inform: Education Assignments? ☒ Yes ☐ No
  • Does the agency use information from the risk screening required by § 115.41, with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive, to inform: Program Assignments? ☒ Yes ☐ No

115.42 (b)

  • Does the agency make individualized determinations about how to ensure the safety of each inmate? ☒ Yes ☐ No

115.42 (c)

  • When deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, does the agency consider, on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether a placement would present management or security problems (NOTE: if an agency by policy or practice assigns inmates to a male or female facility on the basis of anatomy alone, that agency is not in compliance with this standard)? ☒ Yes ☐ No
  • When making housing or other program assignments for transgender or intersex inmates, does the agency consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether a placement would present management or security problems?

☒ Yes ☐ No

115.42 (d)

 

  • Are placement and programming assignments for each transgender or intersex inmate reassessed at least twice each year to review any threats to safety experienced by the inmate?

☒ Yes ☐ No

115.42 (e)

  • Are each transgender or intersex inmate’s own views with respect to his or her own safety given serious consideration when making facility and housing placement decisions and programming assignments? ☒ Yes ☐ No

115.42 (f)

  • Are transgender and intersex inmates given the opportunity to shower separately from other inmates? ☒ Yes ☐ No

115.42 (g)

  • Unless placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting lesbian, gay, bisexual, transgender, or intersex inmates, does the agency always refrain from placing: lesbian, gay, and bisexual inmates in dedicated facilities, units, or wings solely on the basis of such identification or status? (N/A if the agency has a dedicated facility, unit, or wing solely for the placement of LGBT or I inmates pursuant to a consent decree, legal settlement, or legal judgement.) ☒ Yes ☐ No ☐ NA
  • Unless placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting lesbian, gay, bisexual, transgender, or intersex inmates, does the agency always refrain from placing: transgender inmates in dedicated facilities, units, or wings solely on the basis of such identification or status? (N/A if the agency has a dedicated facility, unit, or wing solely for the placement of LGBT or I inmates pursuant to a consent decree, legal settlement, or legal

judgement.) ☒ Yes ☐ No    ☐ NA

  • Unless placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting lesbian, gay, bisexual, transgender, or intersex inmates, does the agency always refrain from placing: intersex inmates in dedicated facilities, units, or wings solely on the basis of such identification or status? (N/A if the agency has a dedicated facility, unit, or wing solely for the placement of LGBT or I inmates pursuant to a consent decree, legal settlement, or legal judgement.)

☒ Yes ☐ No    ☐ NA

Auditor Overall Compliance Determination

☒   Exceeds Standard (Substantially exceeds requirement of standards)

☐   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

 

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Policy 2.1: Sexual Abuse, Assault, Prevention and Intervention provides information for the use of the information obtained from an inmate’s risk assessment as it relates to placement in the areas of housing, work, education and programming.

Interviews also confirmed that this information is used in all of the required areas. Currently, due to the COVID-19 pandemic, many of the programs are suspended. Staff did indicate that some groups may be restarting on a smaller scale in the near future, with the proper safety protocols put into place.

The work that the facility does in terms of the placement of the transgender population is well above the minimum required by the standard. Each of these cases is looked at individually in terms of the appropriate placement within the facility. Transgender and intersex individuals are not placed based on genital status, but rather how the individual identifies and where they and the facility believe the safest placement will be for the individual.

Transgender and intersex individuals are met with on a regular basis to check in and ensure that the placement is correct and if there are any other needs of the individual. This process has been going on for many years at the facility, prior to the current Warden taking over as the Warden.

Standard 115.43: Protective Custody

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.43 (a)

  • Does the facility always refrain from placing inmates at high risk for sexual victimization in involuntary segregated housing unless an assessment of all available alternatives has been made, and a determination has been made that there is no available alternative means of separation from likely abusers? ☒ Yes ☐ No
  • If a facility cannot conduct such an assessment immediately, does the facility hold the inmate in involuntary segregated housing for less than 24 hours while completing the assessment?

☒ Yes ☐ No

115.43 (b)

  • Do inmates who are placed in segregated housing because they are at high risk of sexual victimization have access to: Programs to the extent possible? ☒ Yes ☐ No
  • Do inmates who are placed in segregated housing because they are at high risk of sexual victimization have access to: Privileges to the extent possible? ☒ Yes ☐ No

 

  • Do inmates who are placed in segregated housing because they are at high risk of sexual victimization have access to: Education to the extent possible? ☒ Yes ☐ No
  • Do inmates who are placed in segregated housing because they are at high risk of sexual victimization have access to: Work opportunities to the extent possible? ☒ Yes ☐ No
  • If the facility restricts any access to programs, privileges, education, or work opportunities, does the facility document the opportunities that have been limited? (N/A if the facility never restricts access to programs, privileges, education, or work opportunities.) ☒ Yes ☐ No ☐ NA
  • If the facility restricts any access to programs, privileges, education, or work opportunities, does the facility document the duration of the limitation? (N/A if the facility never restricts access to programs, privileges, education, or work opportunities.) ☒ Yes ☐ No ☐ NA
  • If the facility restricts any access to programs, privileges, education, or work opportunities, does the facility document the reasons for such limitations? (N/A if the facility never restricts access

to programs, privileges, education, or work opportunities.) ☒ Yes ☐ No    ☐ NA

115.43 (c)

  • Does the facility assign inmates at high risk of sexual victimization to involuntary segregated housing only until an alternative means of separation from likely abusers can be arranged?

☒ Yes ☐ No

  • Does such an assignment not ordinarily exceed a period of 30 days? ☒ Yes ☐ No

115.43 (d)

  • If an involuntary segregated housing assignment is made pursuant to paragraph (a) of this section, does the facility clearly document the basis for the facility’s concern for the inmate’s safety? ☒ Yes ☐ No
  • If an involuntary segregated housing assignment is made pursuant to paragraph (a) of this section, does the facility clearly document the reason why no alternative means of separation can be arranged? ☒ Yes ☐ No

115.43 (e)

  • In the case of each inmate who is placed in involuntary segregation because he/she is at high risk of sexual victimization, does the facility afford a review to determine whether there is a continuing need for separation from the general population EVERY 30 DAYS? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

 

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

It is the policy of the YCP to not place inmates in involuntary protective custody unless there are no other placements to keep the individual safe. The facility will consider transfers to another facility. If no other options are available, the facility will work to limit the amount of time to (30) days or less in involuntary protective custody. The facility documents all reviews of segregation each time it is reviewed.

REPORTING

clip_image042.gifStandard 115.51: Inmate reporting

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.51 (a)

  • Does the agency provide multiple internal ways for inmates to privately report sexual abuse and sexual harassment? ☒ Yes ☐ No
  • Does the agency provide multiple internal ways for inmates to privately report retaliation by other inmates or staff for reporting sexual abuse and sexual harassment? ☒ Yes ☐ No
  • Does the agency provide multiple internal ways for inmates to privately report staff neglect or violation of responsibilities that may have contributed to such incidents? ☒ Yes ☐ No

115.51 (b)

  • Does the agency also provide at least one way for inmates to report sexual abuse or sexual harassment to a public or private entity or office that is not part of the agency? ☒ Yes ☐ No
  • Is that private entity or office able to receive and immediately forward inmate reports of sexual abuse and sexual harassment to agency officials? ☒ Yes ☐ No
  • Does that private entity or office allow the inmate to remain anonymous upon request?

☒ Yes ☐ No

  • Are inmates detained solely for civil immigration purposes provided information on how to contact relevant consular officials and relevant officials at the Department of Homeland

 

Security? (N/A if the facility never houses inmates detained solely for civil immigration purposes)

☒ Yes ☐ No    ☐ NA

115.51 (c)

  • Does staff accept reports of sexual abuse and sexual harassment made verbally, in writing, anonymously, and from third parties? ☒ Yes ☐ No
  • Does staff promptly document any verbal reports of sexual abuse and sexual harassment?

☒ Yes ☐ No

115.51 (d)

  • Does the agency provide a method for staff to privately report sexual abuse and sexual harassment of inmates? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The facility provides multiple options for reporting sexual abuse and sexual harassment at YCP. The facility allows inmates to make reports verbally to staff members, by writing a request to staff members, by filing a written grievance or by making a call on the phone (*55).

Staff confirmed that they will accept any report of sexual abuse or sexual harassment and immediately report that to their supervisor. Once they get the through the initial steps of responding, they will document that report on an incident report.

Inmates are able to make anonymous reports either in writing or by calling the established number (*55). This Auditor tested this phone number in two of the housing units during the tour of the facility. This line to the YWCA of York/Victim Assistance Center worked as identified.

Interviews with inmates also provided information about third party reporting. Inmates indicated that they could tell family or friends who could then make a report on their behalf.

Reporting information is posted on the facility’s website for the general public to have access to.

 

Additionally, Policy 2.1 provides multiple methods for staff to make reports of sexual abuse and sexual harassment privately.

Standard 115.52: Exhaustion of administrative remedies

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.52 (a)

  • Is the agency exempt from this standard? NOTE: The agency is exempt ONLY if it does not have administrative procedures to address inmate grievances regarding sexual abuse. This does not mean the agency is exempt simply because an inmate does not have to or is not

ordinarily expected to submit a grievance to report sexual abuse. This means that as a matter of explicit policy, the agency does not have an administrative remedies process to address sexual abuse. ☐ Yes ☒ No

115.52 (b)

  • Does the agency permit inmates to submit a grievance regarding an allegation of sexual abuse without any type of time limits? (The agency may apply otherwise-applicable time limits to any portion of a grievance that does not allege an incident of sexual abuse.) (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA
  • Does the agency always refrain from requiring an inmate to use any informal grievance process, or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse? (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA

115.52 (c)

  • Does the agency ensure that: An inmate who alleges sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the complaint? (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA
  • Does the agency ensure that: Such grievance is not referred to a staff member who is the subject of the complaint? (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA

115.52 (d)

  • Does the agency issue a final agency decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance? (Computation of the

90-day time period does not include time consumed by inmates in preparing any administrative appeal.) (N/A if agency is exempt from this standard.) ☒ Yes ☐ No    ☐ NA

  • If the agency claims the maximum allowable extension of time to respond of up to 70 days per

115.52(d)(3) when the normal time period for response is insufficient to make an appropriate decision, does the agency notify the inmate in writing of any such extension and provide a date

by which a decision will be made? (N/A if agency is exempt from this standard.)

☒ Yes ☐ No    ☐ NA

 

  • At any level of the administrative process, including the final level, if the inmate does not receive a response within the time allotted for reply, including any properly noticed extension, may an inmate consider the absence of a response to be a denial at that level? (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA

115.52 (e)

  • Are third parties, including fellow inmates, staff members, family members, attorneys, and outside advocates, permitted to assist inmates in filing requests for administrative remedies relating to allegations of sexual abuse? (N/A if agency is exempt from this standard.)

☒ Yes ☐ No    ☐ NA

  • Are those third parties also permitted to file such requests on behalf of inmates? (If a third-party files such a request on behalf of an inmate, the facility may require as a condition of processing the request that the alleged victim agree to have the request filed on his or her behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process.) (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA
  • If the inmate declines to have the request processed on his or her behalf, does the agency document the inmate’s decision? (N/A if agency is exempt from this standard.)

☒ Yes ☐ No    ☐ NA

115.52 (f)

  • Has the agency established procedures for the filing of an emergency grievance alleging that an inmate is subject to a substantial risk of imminent sexual abuse? (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA
  • After receiving an emergency grievance alleging an inmate is subject to a substantial risk of imminent sexual abuse, does the agency immediately forward the grievance (or any portion thereof that alleges the substantial risk of imminent sexual abuse) to a level of review at which immediate corrective action may be taken? (N/A if agency is exempt from this standard.).

☒ Yes ☐ No    ☐ NA

  • After receiving an emergency grievance described above, does the agency provide an initial response within 48 hours? (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA
  • After receiving an emergency grievance described above, does the agency issue a final agency decision within 5 calendar days? (N/A if agency is exempt from this standard.)

☒ Yes ☐ No    ☐ NA

  • Does the initial response and final agency decision document the agency’s determination whether the inmate is in substantial risk of imminent sexual abuse? (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA
  • Does the initial response document the agency’s action(s) taken in response to the emergency grievance? (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA
  • Does the agency’s final decision document the agency’s action(s) taken in response to the emergency grievance? (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA

 

115.52 (g)

  • If the agency disciplines an inmate for filing a grievance related to alleged sexual abuse, does it do so ONLY where the agency demonstrates that the inmate filed the grievance in bad faith? (N/A if agency is exempt from this standard.) ☒ Yes ☐ No ☐ NA

Auditor Overall Compliance Determination

.

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The YCP has an extensive grievance policy and procedure. The grievance procedure is found in policy Inmate Complaint Review System (Grievance Procedures). This policy outlines the process for filing grievances, the review process, appeals process, informal grievances and disciplinary sanctions for those that are found to have submitted a grievance “in bad faith”.

Upon review of the policies and procedures for the grievances, there appears to be portions of the standards that are not included in the agency’s policies. This includes the following portions of the standards:

  • The policy does not include the requirement that an inmate is not required to submit the grievance to a staff member who is the subject of the complaint.
  • There is no indication in policy that inmates will be notified in writing when the maximum allowable extension of up to (70) days is needed in order to make an appropriate decision.
  • Policy does not indicate that if an inmate does not receive notification of a decision within the allotted timeframe it should be considered a denial.
  • The policy does not include information as to whether or not a third party can file a grievance on behalf of an inmate and if so whether or not the inmate needs to agree to the grievance that is filed.
  • Policy should also indicate that if the inmate denies the filing from a third party, this denial should be documented.

In order to meet compliance with this standard, the facility revised policy to include the (5) above- mentioned items in the Inmate Complaint Review System. These changes can be found on pages 4,

13 and 14 of this policy.

Standard 115.53: Inmate access to outside confidential support services

 

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.53 (a)

  • Does the facility provide inmates with access to outside victim advocates for emotional support services related to sexual abuse by giving inmates mailing addresses and telephone numbers, including toll-free hotline numbers where available, of local, State, or national victim advocacy or rape crisis organizations? ☒ Yes ☐ No
  • Does the facility provide persons detained solely for civil immigration purposes mailing addresses and telephone numbers, including toll-free hotline numbers where available of local, State, or national immigrant services agencies? (N/A if the facility never has persons detained solely for civil immigration purposes.) ☒ Yes ☐ No ☐ NA
  • Does the facility enable reasonable communication between inmates and these organizations and agencies, in as confidential a manner as possible? ☒ Yes ☐ No

115.53 (b)

  • Does the facility inform inmates, prior to giving them access, of the extent to which such communications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws? ☒ Yes ☐ No

115.53 (c)

  • Does the agency maintain or attempt to enter into memoranda of understanding or other agreements with community service providers that are able to provide inmates with confidential emotional support services related to sexual abuse? ☒ Yes ☐ No
  • Does the agency maintain copies of agreements or documentation showing attempts to enter into such agreements? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The facility is currently working towards establishing a memorandum of understanding with the YWCA of York/Victim Assistance Program. Initially this process was started at the beginning of 2020. The PCM provided email correspondence between herself and staff at the YWCA in which they were setting a meeting. This meeting has been postponed due to the COVID-19 pandemic.

The interview with the PCM confirmed that it is her intention to continue the conversation with the rape crisis center as soon as she is able to reschedule the meeting.

Standard 115.54: Third-party reporting

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.54 (a)

  • Has the agency established a method to receive third-party reports of sexual abuse and sexual harassment? ☒ Yes ☐ No
  • Has the agency distributed publicly information on how to report sexual abuse and sexual harassment on behalf of an inmate? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The agency has established a third-party reporting method for inmates/detainees and anyone that would like to make a report of sexual abuse or sexual harassment occurring in the YCP. This toll-free number rings directly to the Bureau of Community Corrections at the Pennsylvania Department of Corrections.

This information is provided to not only to inmates/detainees on signs throughout the facility but also to the public at the following website address. https://yorkcountypa.gov/courts-criminal- justice/prison/inmate-rules-and-policies/prison-rape-elimination-act-information.html

 

OFFICIAL RESPONSE FOLLOWING AN INMATE REPORT

clip_image042.gifStandard 115.61: Staff and agency reporting duties

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.61 (a)

  • Does the agency require all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of the agency? ☒ Yes ☐ No
  • Does the agency require all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding retaliation against inmates or staff who reported an incident of sexual abuse or sexual harassment? ☒ Yes ☐ No
  • Does the agency require all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding any staff neglect or violation of responsibilities that may have contributed to an incident of sexual abuse or sexual harassment or retaliation?

☒ Yes ☐ No

115.61 (b)

  • Apart from reporting to designated supervisors or officials, does staff always refrain from revealing any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in agency policy, to make treatment, investigation, and other security and management decisions? ☒ Yes ☐ No

115.61 (c)

  • Unless otherwise precluded by Federal, State, or local law, are medical and mental health practitioners required to report sexual abuse pursuant to paragraph (a) of this section?

☒ Yes ☐ No

  • Are medical and mental health practitioners required to inform inmates of the practitioner’s duty to report, and the limitations of confidentiality, at the initiation of services? ☒ Yes ☐ No

115.61 (d)

  • If the alleged victim is under the age of 18 or considered a vulnerable adult under a State or local vulnerable persons statute, does the agency report the allegation to the designated State or local services agency under applicable mandatory reporting laws? ☒ Yes ☐ No

115.61 (e)

  • Does the facility report all allegations of sexual abuse and sexual harassment, including third- party and anonymous reports, to the facility’s designated investigators? ☒ Yes ☐ No

 

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Through interviews with staff and contractors and review of policy, reporting of sexual abuse and sexual harassment is considered essential to the safety and security of the facility.

When asked questions regarding reporting allegations of sexual abuse and sexual harassment, all staff were clear that this type of information must be appropriately reported to supervisors in the chain of command so that it can be investigated. It was noted that it was important to fill out the appropriate documentation required and submit those reports to supervisors and/or the PREA Lieutenant/investigator at the facility. Once that report has been made, it was clear from staff that the incident should not be discussed except with the PREA Lieutenant or other PREA people in the facility.

Documentation reviewed supported the fact that all allegations were appropriately referred for investigation and those investigations were carried through to conclusion and a determination of the case.

In speaking with the medical and mental health providers, all were clear about the information of sexual abuse they are required to report, versus the information that they are not required to report. Each was able to discuss how they informed inmates of this requirement to report.

This was also clear when the discussion was about the youthful inmates that are housed in the facility. Medical and mental health staff all understood the requirement to make those reports should there be disclosures of sexual abuse or sexual harassment.

Standard 115.62: Agency protection duties

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.62 (a)

  • When the agency learns that an inmate is subject to a substantial risk of imminent sexual abuse, does it take immediate action to protect the inmate? ☒ Yes ☐ No

 

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

All staff interviewed during the audit process were clear that if they learned that an inmate was in imminent danger, they would take immediate action to protect that individual. All indicated that they would remove the inmate from their current location and supervisors would determine where the inmate would be safe at that time. Longer term solutions would then be discussed by the PREA staff and appropriate measures would be taken. Policy 2.1: Sexual Abuse, Assault, Prevention and Intervention says the same on Page 4.

Standard 115.63: Reporting to other confinement facilities

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.63 (a)

  • Upon receiving an allegation that an inmate was sexually abused while confined at another facility, does the head of the facility that received the allegation notify the head of the facility or appropriate office of the agency where the alleged abuse occurred? ☒ Yes ☐ No

115.63 (b)

  • Is such notification provided as soon as possible, but no later than 72 hours after receiving the allegation? ☒ Yes ☐ No

115.63 (c)

  • Does the agency document that it has provided such notification? ☒ Yes ☐ No

115.63 (d)

  • Does the facility head or agency office that receives such notification ensure that the allegation is investigated in accordance with these standards? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☒   Exceeds Standard (Substantially exceeds requirement of standards)

 

☐   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

York County Prison is clear in Policy 2.1: Sexual Abuse, Assault, Prevention and Intervention about handling allegations of sexual abuse that have occurred at another facility and allegations from other facilities about sexual abuse that has occurred at YCP.

In the previous (12) months, the facility has received (10) allegations of sexual abuse that has occurred at other facilities. The PCM at YCP provided the documentation to this Auditor for review. The PCM not only provided the basic information regarding the allegation, but also provides a statement from the

inmate who disclosed the allegation, and a written report with any additional information that she is able to provide.

If there is an allegation that is sent to the facility regarding an allegation of sexual abuse at YCP, this information is automatically forwarded to the PREA Lieutenant for investigation.

The level of detail provided by YCP to other facilities when an allegation is received goes above and beyond the expectation of the standard.

Standard 115.64: Staff first responder duties

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.64 (a)

  • Upon learning of an allegation that an inmate was sexually abused, is the first security staff member to respond to the report required to: Separate the alleged victim and abuser?

☒ Yes ☐ No

  • Upon learning of an allegation that an inmate was sexually abused, is the first security staff member to respond to the report required to: Preserve and protect any crime scene until appropriate steps can be taken to collect any evidence? ☒ Yes ☐ No
  • Upon learning of an allegation that an inmate was sexually abused, is the first security staff member to respond to the report required to: Request 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, if the abuse occurred

within a time period that still allows for the collection of physical evidence? ☒ Yes ☐ No

 

  • Upon learning of an allegation that an inmate was sexually abused, is the first security staff member to respond to the report required to: Ensure 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, if the abuse occurred

within a time period that still allows for the collection of physical evidence? ☒ Yes ☐ No

115.64 (b)

  • If the first staff responder is not a security staff member, is the responder required to request

that the alleged victim not take any actions that could destroy physical evidence, and then notify security staff? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Compliance with this standard was verified in two ways as part of this audit. First, all staff were able to articulate the elements of the duties of a first responder should they have an inmate disclose sexual abuse or they should discover that it is occurring in the facility.

The majority of staff from all different departments within the facility were able to articulate the three most important tenants of responding to sexual abuse or sexual harassment. They indicated that the offenders should be separated, evidence should be preserved and an initial medical assessment should be conducted.

Standard 115.65: Coordinated response

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.65 (a)

  • Has the facility developed a written institutional plan to coordinate actions among staff first responders, medical and mental health practitioners, investigators, and facility leadership taken in response to an incident of sexual abuse? ☒ Yes ☐ No

Auditor Overall Compliance Determination

 

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The agency has established a policy for the prevention, detection and response to sexual abuse and sexual harassment. This policy, 2.1: Sexual Abuse, Assault, Prevention and Intervention, was written and adopted to provide the staff with a guide on how to handle all responses to allegations of sexual abuse and sexual harassment in the facility.

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

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.66 (a)

  • Are both the agency and any other governmental entities responsible for collective bargaining on the agency’s behalf prohibited from entering into or renewing any collective bargaining agreement or other agreement that limits the agency’s ability to remove alleged staff sexual abusers from contact with any inmates pending the outcome of an investigation or of a determination of whether and to what extent discipline is warranted? ☒ Yes ☐ No

115.66 (b)

  • Auditor is not required to audit this provision.

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

 

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

York County Prison works with two unions at the facility, the Teamsters Union and the Machinists Union. The corrections officers belong to the Teamsters Union. Supervisors belong to the Machinists Union.

The Warden indicated that the unions work well with the agency for the most part. He also indicated that if there is an allegation of sexual abuse, he has the authority to take any actions up to and including termination of the staff member. The union agreement does not preclude him from taking such actions.

Standard 115.67: Agency protection against retaliation

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.67 (a)

  • Has the agency established a policy to protect all inmates and staff who report sexual abuse or sexual harassment or cooperate with sexual abuse or sexual harassment investigations from retaliation by other inmates or staff? ☒ Yes ☐ No
  • Has the agency designated which staff members or departments are charged with monitoring retaliation? ☒ Yes ☐ No

115.67 (b)

  • Does the agency employ multiple protection measures, such as housing changes or transfers for inmate victims or abusers, removal of alleged staff or inmate abusers from contact with victims, and emotional support services, for inmates or staff who fear retaliation for reporting sexual abuse or sexual harassment or for cooperating with investigations? ☒ Yes ☐ No

115.67 (c)

  • Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor the conduct

and treatment of inmates or staff who reported the sexual abuse to see if there are changes that may suggest possible retaliation by inmates or staff? ☒ Yes ☐ No

  • Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor the conduct and treatment of inmates who were reported to have suffered sexual abuse to see if there are changes that may suggest possible retaliation by inmates or staff? ☒ Yes ☐ No

 

  • Except in instances where the agency determines that a report of sexual abuse is unfounded,

for at least 90 days following a report of sexual abuse, does the agency: Act promptly to remedy any such retaliation? ☒ Yes ☐ No

  • Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor any inmate disciplinary reports? ☒ Yes ☐ No
  • Except in instances where the agency determines that a report of sexual abuse is unfounded,

for at least 90 days following a report of sexual abuse, does the agency: Monitor inmate housing changes? ☒ Yes ☐ No

  • Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor inmate program changes? ☒ Yes ☐ No
  • Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor negative performance reviews of staff? ☒ Yes ☐ No
  • Except in instances where the agency determines that a report of sexual abuse is unfounded, for at least 90 days following a report of sexual abuse, does the agency: Monitor reassignments of staff? ☒ Yes ☐ No
  • Does the agency continue such monitoring beyond 90 days if the initial monitoring indicates a continuing need? ☒ Yes ☐ No

115.67 (d)

  • In the case of inmates, does such monitoring also include periodic status checks?

☒ Yes ☐ No

115.67 (e)

  • If any other individual who cooperates with an investigation expresses a fear of retaliation, does the agency take appropriate measures to protect that individual against retaliation?

☒ Yes ☐ No

115.67 (f)

  • Auditor is not required to audit this provision.

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

 

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The facility has established a process for monitoring retaliation when there is an allegation of sexual abuse in the facility. The PCM is responsible for monitoring retaliation of inmates who are victims of sexual abuse. The facility’s Warden is responsible for monitoring staff for retaliation when there is a sexual abuse allegation.

The PCM has regular check-ins with the inmate from the point of disclosure of sexual abuse for (90) days, or longer if determined necessary. This can be extended if needed upon the discretion of the PCM or PREA Coordinator for the facility.

Standard 115.68: Post-allegation protective custody

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.68 (a)

  • Is any and all use of segregated housing to protect an inmate who is alleged to have suffered sexual abuse subject to the requirements of § 115.43? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

As stated in §115.43, the facility does not put inmates in involuntary protective custody strictly for reasons of being a potential victim. This is true, even after there has been an allegation of sexual abuse. The facility will take into consideration the wishes of the victim as to where they would feel safe.

 

If there is a security concern, the facility has a process established to place the inmate in protective custody with regular reviews.

INVESTIGATIONS

clip_image042.gifStandard 115.71: Criminal and administrative agency investigations

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.71 (a)

  • When the agency conducts its own investigations into allegations of sexual abuse and sexual harassment, does it do so promptly, thoroughly, and objectively? [N/A if the agency/facility is not responsible for conducting any form of criminal OR administrative sexual abuse investigations. See 115.21(a).] ☒ Yes ☐ No ☐ NA
  • Does the agency conduct such investigations for all allegations, including third party and anonymous reports? [N/A if the agency/facility is not responsible for conducting any form of criminal OR administrative sexual abuse investigations. See 115.21(a).] ☒ Yes ☐ No ☐ NA

115.71 (b)

  • Where sexual abuse is alleged, does the agency use investigators who have received specialized training in sexual abuse investigations as required by 115.34? ☒ Yes ☐ No

115.71 (c)

  • Do investigators gather and preserve direct and circumstantial evidence, including any available physical and DNA evidence and any available electronic monitoring data? ☒ Yes ☐ No
  • Do investigators interview alleged victims, suspected perpetrators, and witnesses?

☒ Yes ☐ No

  • Do investigators review prior reports and complaints of sexual abuse involving the suspected perpetrator? ☒ Yes ☐ No

115.71 (d)

  • When the quality of evidence appears to support criminal prosecution, does the agency conduct compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution? ☒ Yes ☐ No

115.71 (e)

  • Do agency investigators assess the credibility of an alleged victim, suspect, or witness on an individual basis and not on the basis of that individual’s status as inmate or staff? ☒ Yes ☐ No

 

  • Does the agency investigate allegations of sexual abuse without requiring an inmate who alleges sexual abuse to submit to a polygraph examination or other truth-telling device as a condition for proceeding? ☒ Yes ☐ No

115.71 (f)

  • Do administrative investigations include an effort to determine whether staff actions or failures to act contributed to the abuse? ☒ Yes ☐ No
  • Are administrative investigations documented in written reports that include a description of the physical evidence and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings? ☒ Yes ☐ No

115.71 (g)

  • Are criminal investigations documented in a written report that contains a thorough description of the physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible? ☒ Yes ☐ No

115.71 (h)

  • Are all substantiated allegations of conduct that appears to be criminal referred for prosecution?

☒ Yes ☐ No

115.71 (i)

  • Does the agency retain all written reports referenced in 115.71(f) and (g) for as long as the alleged abuser is incarcerated or employed by the agency, plus five years? ☒ Yes ☐ No

115.71 (j)

  • Does the agency ensure that the departure of an alleged abuser or victim from the employment or control of the agency does not provide a basis for terminating an investigation?

☒ Yes ☐ No

115.71 (k)

  • Auditor is not required to audit this provision.

115.71 (l)

  • When an outside entity investigates sexual abuse, does the facility cooperate with outside investigators and endeavor to remain informed about the progress of the investigation? (N/A if an outside agency does not conduct administrative or criminal sexual abuse investigations. See

115.21(a).) ☒ Yes ☐ No    ☐ NA

Auditor Overall Compliance Determination

☒   Exceeds Standard (Substantially exceeds requirement of standards)

 

☐   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

All allegations are investigated administratively at the facility by either the PREA Lieutenant or the PCM of the facility. Both of these individuals have participated in the specialized investigations training provided by the Pennsylvania Department of Corrections at their Training Academy.

Should it be determined that the allegation may be criminal, this information will be immediately provided to the Pennsylvania State Police (PSP) for criminal investigation. Interviews indicated that there is a good working relationship with the PSP, and they work cooperatively together and receive regular updates on active investigations.

Retention of information is completed in accordance with the standard.

Review of the investigation files and discussion of the investigation process with the investigators leads this Auditor to believe that the facility is exceeding this standard. The investigation files reviewed as part of this audit are extensive and thorough for both sexual abuse and sexual harassment. These files show that the facility is goes well above the minimum required under this standard in all investigation.

The investigation files are not only extensive and thorough, they also are extremely consistent in the elements that are included and the layout of the file. It was very easy for this Auditor to identify all elements of the investigation to ensure consistency of investigations. It is also clear the level of detail that is examined in every investigation that is conducted.

It is the opinion of this Auditor that the investigation methods employed by the investigation staff and the documentation utilized by this staff should be held as a best practice that other facilities could use to develop good practices from.

Standard 115.72: Evidentiary standard for administrative investigations

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.72 (a)

  • Is it true that the agency does not impose a standard higher than a preponderance of the evidence in determining whether allegations of sexual abuse or sexual harassment are substantiated? ☒ Yes ☐ No

Auditor Overall Compliance Determination

 

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Policy 2.1: Sexual Abuse, Assault, Prevention and Intervention is clear that the facility will utilize a preponderance of evidence for administrative investigations. This was also verified by the interview with staff that are trained to conduct investigations.

Standard 115.73: Reporting to inmates

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.73 (a)

  • Following an investigation into an inmate’s allegation that he or she suffered sexual abuse in an agency facility, does the agency inform the inmate as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded? ☒ Yes ☐ No

115.73 (b)

  • If the agency did not conduct the investigation into an inmate’s allegation of sexual abuse in an agency facility, does the agency request the relevant information from the investigative agency in order to inform the inmate? (N/A if the agency/facility is responsible for conducting administrative and criminal investigations.) ☒ Yes ☐ No ☐ NA

115.73 (c)

  • Following an inmate’s allegation that a staff member has committed sexual abuse against the inmate, unless the agency has determined that the allegation is unfounded, or unless the inmate has been released from custody, does the agency subsequently inform the inmate whenever: The staff member is no longer posted within the inmate’s unit? ☒ Yes ☐ No
  • Following an inmate’s allegation that a staff member has committed sexual abuse against the inmate, unless the agency has determined that the allegation is unfounded, or unless the inmate has been released from custody, does the agency subsequently inform the inmate whenever: The staff member is no longer employed at the facility? ☒ Yes ☐ No

 

  • Following an inmate’s allegation that a staff member has committed sexual abuse against the inmate, unless the agency has determined that the allegation is unfounded, or unless the inmate has been released from custody, does the agency subsequently inform the inmate whenever: The agency learns that the staff member has been indicted on a charge related to sexual abuse in the facility? ☒ Yes ☐ No
  • Following an inmate’s allegation that a staff member has committed sexual abuse against the inmate, unless the agency has determined that the allegation is unfounded, or unless the inmate has been released from custody, does the agency subsequently inform the inmate whenever: The agency learns that the staff member has been convicted on a charge related to sexual abuse within the facility? ☒ Yes ☐ No

115.73 (d)

  • Following an inmate’s allegation that he or she has been sexually abused by another inmate, does the agency subsequently inform the alleged victim whenever: The agency learns that the alleged abuser has been indicted on a charge related to sexual abuse within the facility?

☒ Yes ☐ No

  • Following an inmate’s allegation that he or she has been sexually abused by another inmate, does the agency subsequently inform the alleged victim whenever: The agency learns that the alleged abuser has been convicted on a charge related to sexual abuse within the facility?

☒ Yes ☐ No

115.73 (e)

  • Does the agency document all such notifications or attempted notifications? ☒ Yes ☐ No

115.73 (f)

  • Auditor is not required to audit this provision.

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

 

Policy dictates and interviews with staff and inmates confirmed that notification of the outcome of an investigation is provided to the victim involved in the investigation of sexual abuse.

Once the investigation is completed, submitted to the PCM for review and the review is completed, a letter is prepared, with all the required information from this standard. The PREA Lieutenant will personally go to the victim and provide them with the letter and explain the outcome to answer any questions.

The inmate will be asked to sign the letter and if a copy is requested, it will be provided. A copy of that letter, signed or an indication of refusal to sign, will be kept in the investigation file.

DISCIPLINE

clip_image042.gifStandard 115.76: Disciplinary sanctions for staff

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.76 (a)

  • Are staff subject to disciplinary sanctions up to and including termination for violating agency sexual abuse or sexual harassment policies? ☒ Yes ☐ No

115.76 (b)

  • Is termination the presumptive disciplinary sanction for staff who have engaged in sexual abuse? ☒ Yes ☐ No

115.76 (c)

  • Are disciplinary sanctions for violations of agency policies relating to sexual abuse or sexual harassment (other than actually engaging in sexual abuse) 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? ☒ Yes ☐ No

115.76 (d)

  • Are 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, reported to: Law enforcement agencies (unless the activity was clearly not criminal)? ☒ Yes ☐ No
  • Are 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, reported to: Relevant licensing bodies? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

 

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Through policy review and interviews with staff, it is clear there is a process followed when there is an allegation against a staff member. That staff member will be removed from contact with the individual who is alleged to be the victim until the investigation into the allegation is completed. Typically, that means that the staff member will be assigned to a different post.

If the outcome of the administrative investigation is that the case is unsubstantiated, the staff member may be returned to the previous post, but more likely will be removed from contact with that inmate, at least for a period of time to prevent any type of retaliation.

Should it be determined, through the investigation process, that a staff member has engaged in sexual abuse of an inmate, the presumptive action would be that the staff member will be terminated from employment. If the situation is determined to have criminal elements, this information will be turned over to the Pennsylvania State Police for a criminal investigation. Additionally, this information will be provided to any relevant licensing bodies, if those are known to the facility.

Standard 115.77: Corrective action for contractors and volunteers

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.77 (a)

  • Is any contractor or volunteer who engages in sexual abuse prohibited from contact with inmates? ☒ Yes ☐ No
  • Is any contractor or volunteer who engages in sexual abuse reported to: Law enforcement agencies (unless the activity was clearly not criminal)? ☒ Yes ☐ No
  • Is any contractor or volunteer who engages in sexual abuse reported to: Relevant licensing bodies? ☒ Yes ☐ No

115.77 (b)

  • In the case of any other violation of agency sexual abuse or sexual harassment policies by a contractor or volunteer, does the facility take appropriate remedial measures, and consider whether to prohibit further contact with inmates? ☒ Yes ☐ No

 

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Policies and procedures are in place for the discipline of contractors and volunteers working within the facility and in contact with the inmate population. Just the same as with staff, if there is an allegation of sexual abuse against a contractor or volunteer, they will be removed from contact with inmates until the investigation process is completed.

Should it be determined, through the investigation process, that a contractor or volunteer has engaged in sexual abuse of an inmate, that individual will no longer be permitted access to the facility. If the situation is determined to have criminal elements, this information will be turned over to the Pennsylvania State Police for a criminal investigation. Additionally, this information will be provided to any relevant licensing bodies, if those are known to the facility.

Standard 115.78: Disciplinary sanctions for inmates

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.78 (a)

  • Following an administrative finding that an inmate engaged in inmate-on-inmate sexual abuse, or following a criminal finding of guilt for inmate-on-inmate sexual abuse, are inmates subject to disciplinary sanctions pursuant to a formal disciplinary process? ☒ Yes ☐ No

115.78 (b)

  • Are sanctions 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? ☒ Yes ☐ No

115.78 (c)

 

  • When determining what types of sanction, if any, should be imposed, does the disciplinary process consider whether an inmate’s mental disabilities or mental illness contributed to his or her behavior? ☒ Yes ☐ No

115.78 (d)

  • If the facility offers therapy, counseling, or other interventions designed to address and correct underlying reasons or motivations for the abuse, does the facility consider whether to require the offending inmate to participate in such interventions as a condition of access to programming and other benefits? ☒ Yes ☐ No

115.78 (e)

  • Does the agency discipline an inmate for sexual contact with staff only upon a finding that the staff member did not consent to such contact? ☒ Yes ☐ No

115.78 (f)

  • For the purpose of disciplinary action does a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred NOT constitute falsely reporting an incident or lying, even if an investigation does not establish evidence sufficient to substantiate the allegation? ☒ Yes ☐ No

115.78 (g)

  • If the agency prohibits all sexual activity between inmates, does the agency always refrain from considering non-coercive sexual activity between inmates to be sexual abuse? (N/A if the agency does not prohibit all sexual activity between inmates.) ☒ Yes ☐ No    ☐ NA

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

It is the policy of the YCP that there should be no sexual activity in the facility and if found, there will be sanctions placed upon the inmate found to have willingly participated in such activity.

 

Policy review and interviews with staff both indicated that if an inmate was found to have sexually abused another inmate, there are policies in place to direct the sanctions that will be implemented. These policies take into consideration the level of offense and mental health status of the perpetrator of the sexual offense.

clip_image042.gifIf it is determined that an offender made an allegation of sexual abuse in good faith, without malice, the offender is not punished for making that allegation, regardless of the outcome of the investigation. However, should it be determined that the individual made the allegation knowing that it was untrue, that individual can be sanctioned for that false report.

MEDICAL AND MENTAL CARE

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

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.81 (a)

  • If the screening pursuant to § 115.41 indicates that a prison inmate has experienced prior sexual victimization, whether it occurred in an institutional setting or in the community, do staff ensure that the inmate is offered a follow-up meeting with a medical or mental health practitioner within 14 days of the intake screening? (N/A if the facility is not a prison.)

☐ Yes ☐ No ☒ NA

115.81 (b)

  • If the screening pursuant to § 115.41 indicates that a prison inmate has previously perpetrated sexual abuse, whether it occurred in an institutional setting or in the community, do staff ensure that the inmate is offered a follow-up meeting with a mental health practitioner within 14 days of the intake screening? (N/A if the facility is not a prison.) ☐ Yes ☐ No ☒ NA

115.81 (c)

  • If the screening pursuant to § 115.41 indicates that a jail inmate has experienced prior sexual victimization, whether it occurred in an institutional setting or in the community, do staff ensure that the inmate is offered a follow-up meeting with a medical or mental health practitioner within

14 days of the intake screening? ☒ Yes ☐ No

115.81 (d)

  • Is any information related to sexual victimization or abusiveness that occurred in an institutional setting strictly limited to medical and mental health practitioners and other staff as necessary to inform treatment plans and security management decisions, including housing, bed, work, education, and program assignments, or as otherwise required by Federal, State, or local law?

☒ Yes ☐ No

115.81 (e)

 

  • Do medical and mental health practitioners obtain informed consent from inmates before reporting information about prior sexual victimization that did not occur in an institutional setting, unless the inmate is under the age of 18? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

All inmates are provided a risk assessment for sexual victimization and/or abusiveness when they arrive at the facility as directed by §115.41. If the inmate discloses sexual victimization, this will automatically trigger a referral to mental health in the computerized system. Once that referral is sent to mental health, that inmate will be seen in a relatively short time period, usually within a couple of days, depending on when the risk assessment is conducted.

Interviews with medical and mental health staff confirmed that prior to any discussions of sexual abuse, or if the practitioner believes that the inmate is about disclose information related to sexual abuse, the staff will discuss the limits to confidentiality they are ethically bound to in the situation.

When asked about those particular limits to confidentiality, staff were able to articulate that any information provided to them regarding abuse in a correctional setting must be disclosed to security

staff for investigation or referral to the institution where the abuse occurred. Staff were clear that abuse that occurred in the community would only be disclosed with the permission of the inmate.

Standard 115.82: Access to emergency medical and mental health services

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.82 (a)

  • Do inmate victims of sexual abuse receive timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope of which are determined by medical and mental health practitioners according to their professional judgment?

☒ Yes ☐ No

115.82 (b)

 

  • If no qualified medical or mental health practitioners are on duty at the time a report of recent sexual abuse is made, do security staff first responders take preliminary steps to protect the victim pursuant to § 115.62? ☒ Yes ☐ No
  • Do security staff first responders immediately notify the appropriate medical and mental health practitioners? ☒ Yes ☐ No

115.82 (c)

  • Are inmate victims of sexual abuse 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? ☒ Yes ☐ No

115.82 (d)

  • Are treatment services 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?

☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The facility has (24) hour per day medical services. Inmates have access to those services as needed. If there is a situation in which an inmate needs emergency medical treatment beyond the capabilities of the medical department, the inmate will be sent to an outside hospital for those services upon the orders of the medical personnel on duty at the time.

Policy indicates that these services will be provided to the inmate without financial obligation. This was also verified through interviews with staff members.

Emergency contraception and sexually transmitted infections prophylaxis will be provided to inmates if that is ordered by the physician at the facility or as a follow up to emergency medical services provided at an outside hospital.

 

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

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.83 (a)

  • Does the facility offer medical and mental health evaluation and, as appropriate, treatment to all inmates who have been victimized by sexual abuse in any prison, jail, lockup, or juvenile

facility? ☒ Yes ☐ No

115.83 (b)

  • Does the evaluation and treatment of such victims include, as appropriate, follow-up services, treatment plans, and, when necessary, referrals for continued care following their transfer to, or placement in, other facilities, or their release from custody? ☒ Yes ☐ No

115.83 (c)

  • Does the facility provide such victims with medical and mental health services consistent with the community level of care? ☒ Yes ☐ No

115.83 (d)

  • Are inmate victims of sexually abusive vaginal penetration while incarcerated offered pregnancy tests? (N/A if “all-male” facility. Note: in “all-male” facilities, there may be inmates who identify

as transgender men who may have female genitalia. Auditors should be sure to know whether such individuals may be in the population and whether this provision may apply in specific circumstances.) ☒ Yes ☐ No    ☐ NA

115.83 (e)

  • If pregnancy results from the conduct described in paragraph § 115.83(d), do such victims receive timely and comprehensive information about and timely access to all lawful pregnancy- related medical services? (N/A if “all-male” facility. Note: in “all-male” facilities, there may be inmates who identify as transgender men who may have female genitalia. Auditors should be sure to know whether such individuals may be in the population and whether this provision may apply in specific circumstances.) ☒ Yes ☐ No ☐ NA

115.83 (f)

  • Are inmate victims of sexual abuse while incarcerated offered tests for sexually transmitted infections as medically appropriate? ☒ Yes ☐ No

115.83 (g)

  • Are treatment services 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?

☒ Yes ☐ No

 

115.83 (h)

  • If the facility is a prison, does it attempt to conduct a mental health evaluation of all known inmate-on-inmate abusers within 60 days of learning of such abuse history and offer treatment when deemed appropriate by mental health practitioners? (NA if the facility is a jail.)

☐ Yes ☐ No    ☒ NA

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

York County Prison contracts with PrimeCare to provide both medical and mental health services at the facility. These services are provided in the event of a crisis and follow up to the initial services

provided. As the facility houses both male and female inmates, pregnancy tests can be administered at

the facility and options will be discussed with the inmate, should the pregnancy test be positive.

When questioned during the interview process, both inmates and staff indicated that these services were provided at least at the level of what is available in the community, it not higher in some cases. This was due to the fact that the wait time to get into see either one is so much faster than in the community, especially for mental health services.

DATA COLLECTION AND REVIEW

clip_image042.gifStandard 115.86: Sexual abuse incident reviews

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.86 (a)

  • Does the facility conduct a sexual abuse incident review at the conclusion of every sexual abuse investigation, including where the allegation has not been substantiated, unless the allegation has been determined to be unfounded? ☒ Yes ☐ No

115.86 (b)

 

  • Does such review ordinarily occur within 30 days of the conclusion of the investigation?

☒ Yes ☐ No

115.86 (c)

  • Does the review team include upper-level management officials, with input from line supervisors, investigators, and medical or mental health practitioners? ☒ Yes ☐ No

115.86 (d)

  • Does the review team: Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect, or respond to sexual abuse? ☒ Yes ☐ No
  • Does the review team: Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; gang affiliation; or other group dynamics at the facility? ☒ Yes ☐ No
  • Does the review team: Examine the area in the facility where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse? ☒ Yes ☐ No
  • Does the review team: Assess the adequacy of staffing levels in that area during different shifts? ☒ Yes ☐ No
  • Does the review team: Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff? ☒ Yes ☐ No
  • Does the review team: Prepare a report of its findings, including but not necessarily limited to determinations made pursuant to §§ 115.86(d)(1) - (d)(5), and any recommendations for improvement and submit such report to the facility head and PREA compliance manager?

☒ Yes ☐ No

115.86 (e)

  • Does the facility implement the recommendations for improvement, or document its reasons for not doing so? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

 

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Sexual abuse incident reviews have begun as a relatively new process for YCP starting in October

2019 as a result of the ICE PREA Audit process. The PREA Coordinator and PCM realized that in order to meet this standard, there must be a group approach to this review process.

Every Wednesday, the team has a standing meeting for sexual abuse incident reviews. This is coordinated by the PCM. Some weeks there may not be any cases to review, and other weeks may have several to review.

The team includes the following people.

o  Warden

o  Deputy Warden of Centralized Services/PREA Coordinator

o  Deputy Warden of Security

o  Security staff

o  PREA Lieutenant/Investigator

o  PREA Compliance Manager

o  Health Services Administrator

o  Head of Mental Health Services

This group has made some recommendations as part of past reviews. These recommendations have been followed up on. One example given was that there needed to be an additional security staff member in F-Block. This was put into place. Now that block is closed down due to the pandemic, but that position will stay if that block is opened back up.

Standard 115.87: Data collection

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.87 (a)

  • Does the agency collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control using a standardized instrument and set of definitions? ☒ Yes ☐ No

115.87 (b)

  • Does the agency aggregate the incident-based sexual abuse data at least annually?

☒ Yes ☐ No

115.87 (c)

  • Does the incident-based data include, at a minimum, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the Department of Justice? ☒ Yes ☐ No

 

115.87 (d)

  • Does the agency maintain, review, and collect data as needed from all available incident-based documents, including reports, investigation files, and sexual abuse incident reviews?

☒ Yes ☐ No

115.87 (e)

  • Does the agency also obtain incident-based and aggregated data from every private facility with which it contracts for the confinement of its inmates? (N/A if agency does not contract for the confinement of its inmates.) ☐ Yes ☐ No ☒ NA

115.87 (f)

  • Does the agency, upon request, provide all such data from the previous calendar year to the

Department of Justice no later than June 30? (N/A if DOJ has not requested agency data.)

☒ Yes ☐ No    ☐ NA

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

Type text here…

Standard 115.88: Data review for corrective action

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.88 (a)

  • Does the agency review data collected and aggregated pursuant to § 115.87 in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training, including by: Identifying problem areas? ☒ Yes ☐ No
  • Does the agency review data collected and aggregated pursuant to § 115.87 in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies,

 

practices, and training, including by: Taking corrective action on an ongoing basis?

☒ Yes ☐ No

  • Does the agency review data collected and aggregated pursuant to § 115.87 in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training, including by: Preparing an annual report of its findings and corrective actions for each facility, as well as the agency as a whole? ☒ Yes ☐ No

115.88 (b)

  • Does the agency’s annual report include a comparison of the current year’s data and corrective actions with those from prior years and provide an assessment of the agency’s progress in addressing sexual abuse ☒ Yes ☐ No

115.88 (c)

  • Is the agency’s annual report approved by the agency head and made readily available to the public through its website or, if it does not have one, through other means? ☒ Yes ☐ No

115.88 (d)

  • Does the agency indicate the nature of the material redacted where it redacts specific material from the reports when publication would present a clear and specific threat to the safety and security of a facility? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

PREA staff at the facility document all data related to sexual abuse and sexual harassment. Each year the Warden compiles the information. Information provided on the website under the “2019 PREA Report” section includes data related to the number of allegations of sexual abuse and sexual harassment and outcomes of the investigations for all allegations.

Standard 115.89: Data storage, publication, and destruction

 

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.89 (a)

  • Does the agency ensure that data collected pursuant to § 115.87 are securely retained?

☒ Yes ☐ No

115.89 (b)

  • Does the agency make all aggregated sexual abuse data, from facilities under its direct control and private facilities with which it contracts, readily available to the public at least annually through its website or, if it does not have one, through other means? ☒ Yes ☐ No

115.89 (c)

  • Does the agency remove all personal identifiers before making aggregated sexual abuse data publicly available? ☒ Yes ☐ No

115.89 (d)

  • Does the agency maintain sexual abuse data collected pursuant to § 115.87 for at least 10 years after the date of the initial collection, unless Federal, State, or local law requires otherwise? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

clip_image042.gifType text here…

AUDITING AND CORRECTIVE ACTION

 

Standard 115.401: Frequency and scope of audits

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.401 (a)

  • During the prior three-year audit period, did the agency ensure that each facility operated by the agency, or by a private organization on behalf of the agency, was audited at least once? (Note: The response here is purely informational. A "no" response does not impact overall compliance with this standard.) ☒ Yes ☐ No

115.401 (b)

  • Is this the first year of the current audit cycle? (Note: a “no” response does not impact overall compliance with this standard.) ☒ Yes ☐ No
  • If this is the second year of the current audit cycle, did the agency ensure that at least one-third of each facility type operated by the agency, or by a private organization on behalf of the agency, was audited during the first year of the current audit cycle? (N/A if this is not the second year of the current audit cycle.) ☐ Yes ☐ No ☒ NA
  • If this is the third year of the current audit cycle, did the agency ensure that at least two-thirds of each facility type operated by the agency, or by a private organization on behalf of the agency, were audited during the first two years of the current audit cycle? (N/A if this is not the third year of the current audit cycle.) ☐ Yes ☐ No ☒ NA

115.401 (h)

  • Did the auditor have access to, and the ability to observe, all areas of the audited facility?

☒ Yes ☐ No

115.401 (i)

  • Was the auditor permitted to request and receive copies of any relevant documents (including electronically stored information)? ☒ Yes ☐ No

115.401 (m)

  • Was the auditor permitted to conduct private interviews with inmates, residents, and detainees?

☒ Yes ☐ No

115.401 (n)

  • Were inmates permitted to send confidential information or correspondence to the auditor in the same manner as if they were communicating with legal counsel? ☒ Yes ☐ No

Auditor Overall Compliance Determination

☐   Exceeds Standard (Substantially exceeds requirement of standards)

 

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

This is the second DOJ PREA audit this facility has participated in. The report for the audit conducted in 2017 is published on the agency website.

Prior to the onsite audit visit, the staff protested the required PREA audit notices throughout the facility and provided photographic evidence of the required postings. Included on those postings was this Auditor’s address for inmates to write to. No letters were received prior to the onsite audit; however, one letter was received after the onsite audit, just prior to the writing of this report. The envelope of this correspondence did not appear to be opened before being mailed.

The staff at the York County Prison were extremely helpful throughout the entire audit process. The staff were open to discussion with this Auditor on how to conduct interviews in the safest manner possible while taking health, safety and security into consideration.

All interviews were conducted in private, confidential settings. The staff worked with this Auditor to coordinate the interviews with both inmates and staff members.

Standard 115.403: Audit contents and findings

All Yes/No Questions Must Be Answered by the Auditor to Complete the Report

115.403 (f)

  • The agency has published on its agency website, if it has one, or has otherwise made publicly available, all Final Audit Reports. The review period is for prior audits completed during the past three years PRECEDING THIS AUDIT. The pendency of any agency appeal pursuant to 28

C.F.R. § 115.405 does not excuse noncompliance with this provision. (N/A if there have been no Final Audit Reports issued in the past three years, or in the case of single facility agencies that there has never been a Final Audit Report issued.) ☒ Yes ☐ No ☐ NA

Auditor Overall Compliance Determination

Exceeds Standard (Substantially exceeds requirement of standards)

 

☒   Meets Standard (Substantial compliance; complies in all material ways with the standard for the relevant review period)

☐   Does Not Meet Standard (Requires Corrective Action)

Instructions for Overall Compliance Determination Narrative

The narrative below must include a comprehensive discussion of all 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 the standard. These recommendations must be included in the Final Report, accompanied by information on specific corrective actions taken by the facility.

The facility has posted on its agency website the final report for the PREA audit dated June 2017. It can be found at the following website address.

https://yorkcountypa.gov/courts-criminal-justice/prison/inmate-rules-and-policies/prison-rape- elimination-act-information.html

 

AUDITOR CERTIFICATION

clip_image042.gifI 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.

Auditor Instructions:

Type your full name in the text box below for Auditor Signature. This will function as your official electronic signature. Auditors must deliver their final report to the PREA Resource Center as a searchable PDF format to ensure accessibility to people with disabilities. Save this report document into a PDF format prior to submission.1 Auditors are not permitted to submit audit reports that have been scanned.2 See the PREA Auditor Handbook for a full discussion of audit report formatting requirements.

Jennifer L. Feicht                                                   January 8, 2021         

Auditor Signature                                                         Date

 

PREA AUDIT REPORT     
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