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(b) An agency shall employ or designate an upper-level, agency-wide PREA coordinator with sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA standards in all of its lockups.
(a) For each lockup, the agency shall develop and document a staffing plan that provides for adequate levels of staffing, and, where applicable, video monitoring, to protect detainees against sexual abuse. In calculating adequate staffing levels and determining the need for video monitoring, agencies shall take into consideration;
(a) The lockup shall not conduct cross-gender strip searches or cross-gender visual body cavity searches (meaning a search of the anal or genital opening) except in exigent circumstances or when performed by medical practitioners.
(c) The lockup shall implement policies and procedures that enable detainees 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. Such policies and procedures shall require staff of the opposite gender to announce their presence when entering an area where detainees are likely to be showering, performing bodily functions, or changing clothing.
(a) To the extent the agency is responsible for investigating allegations of sexual abuse in its lockups, the agency shall follow a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions.
(b) If another law enforcement agency is responsible for conducting investigations of allegations of sexual abuse or sexual harassment in its lockups, the agency shall have in place a policy to ensure that such allegations are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior. The agency shall publish such policy, including a description of responsibilities of both the agency and the investigating entity, on its website, or, if it does not have one, make available the policy through other means. The agency shall document all such referrals.
(c) Any State entity responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in lockups shall have in place a policy governing the conduct of such investigations.
(d) Any Department of Justice component responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in lockups shall have in place a policy governing the conduct of such investigations.
(a) The agency shall train all employees and volunteers who may have contact with lockup detainees to be able to fulfill their responsibilities under agency sexual abuse prevention, detection, and response policies and procedures, including training on:
(a) In lockups that are not utilized to house detainees overnight, before placing any detainees together in a holding cell, staff shall consider whether, based on the information before them, a detainee may be at a high risk of being sexually abused and, when appropriate, shall take necessary steps to mitigate any such danger to the detainee.
(b) In lockups that are utilized to house detainees overnight, all detainees shall be screened to assess their risk of being sexually abused by other detainees or sexually abusive toward other detainees.
(d) The screening process in the lockups described in paragraph (b) of this section shall also consider, to the extent that the information is available, the following criteria to screen detainees for risk of sexual victimization:
The agency shall establish a method to receive third-party reports of sexual abuse and sexual harassment in its lockups and shall distribute publicly information on how to report sexual abuse and sexual harassment on behalf of a detainee.
(a) The agency shall 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 an agency lockup; retaliation against detainees or staff who reported such an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation.
(a) The agency shall develop a written institutional plan to coordinate actions taken in response to a lockup incident of sexual abuse, among staff first responders, medical and mental health practitioners, investigators, and agency leadership.
(a) The lockup shall conduct a sexual abuse incident review at the conclusion of every substantiated and unsubstantiated sexual abuse investigation, including where the allegation has not been substantiated, unless the allegation has been determined to be unfounded.
(2) Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; or gang affiliation; or was motivated or otherwise caused by other group dynamics at the lockup;
(6) Prepare a report of its findings, including but not necessarily limited to determinations made pursuant to paragraphs (d)(1)-(d)(5) of this section, and any recommendations for improvement and submit such report to the lockup head and agency PREA coordinator.
(c) The incident-based data collected shall include, at a minimum, the data necessary to answer all questions from the most recent version of the Local Jail Jurisdictions Survey of Sexual Violence conducted by the Department of Justice, or any subsequent form developed by the Department of Justice and designated for lockups.
(d) The agency may redact specific material from the reports when publication would present a clear and specific threat to the safety and security of a lockup, but must indicate the nature of the material redacted.
(b) The agency shall make all aggregated sexual abuse data, from lockups under its direct control and any private agencies 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.
Inside the station on the first floor is a book return terminal and a door that leads downstairs to Quincy police lockup. Inside the lockup one will find three cells, a Protectron, and an evidence terminal.
Lynnel Cox was overcome by grief, heartache and frustration as she watched the final hours of her son's life play out on surveillance video recorded inside a Boston police holding cell where he died from a drug overdose.
Finally, one officer, who later reported that he noticed in his first pass that the prisoner was in a position of "extreme discomfort," kicked the cell door in an attempt to wake him up. When Stilphen did not stir, police and emergency medical technicians rushed in to help, but it was too late.
"It's a great challenge," said Boston police Commissioner William Gross, who spoke to 5 Investigates, but said he could not comment on the Stilphen case because it's still under investigation. He said he has not yet watched the many hours of surveillance video obtained by 5 Investigates. I don't want it any way deemed that I prejudiced this case," he said.
Asked what should happen when a prisoner appears to be under the influence of drugs, Gross said: Depending on the level of their sobriety, immediately medical treatment."
Stilphen is the second man who has died of a drug overdose at the District 4 police station in recent months. Cristhian Geigel overdosed and died in May. A third man was rushed to a hospital on the same morning Stilphen died, but the cause of his death in that case is still unknown.
Every county in the state, except Suffolk, has regional lockups or safe-keep programs run by sheriffs' departments with medical professionals on staff, where they hold short-term prisoners for local police departments before they head to court. Legislation to create one in Suffolk County has been languishing on Beacon Hill for years.
Gross said a regional lockup can't happen fast enough, especially when it comes to handling prisoners struggling with addiction.
I think it's urgent. I mean, we're talking about one death is too many," he said.
Elizabeth Matos, executive director of Prisoners' Legal Services, said a regional lockup with medical screenings is an improvement, but not the solution. Counties also struggle to keep drugs out of jails and prisoners safe, she said.
The lockup is a facility operated by the Troy Police Department for the detention of persons awaiting processing, booking, court appearances, or transportation to jail. The detention period is not to exceed 72 hours. The lockup is operational 24 hours a day.
It is the philosophy of the Troy Police Department to provide for the fair treatment of prisoners and efficient operation of a lockup facility. Through technology, organization, policy and compliance with the law, the department makes available a safe environment for its employees and prisoners. Lockup employees protect the constitutional rights of each individual in custody, while maintaining security and control of the facility.
The lockup has 10 cells, consisting of eight individual cells, and two large holding cells. One of the cells is handicapped accessible. The lockup has the capacity to house a maximum of 30 prisoners. There are no bars on any cell; instead they are fronted with thick, laminated glass. The cells are arranged so that they are in direct view of lockup employees from inside the control room.
Prisoners are given three meals a day, and although we have no medical staff on the premises, an ambulance and/or paramedics are on call and can be on the scene usually within minutes.