Académique Documents
Professionnel Documents
Culture Documents
For
Dr. Catanzaro
Technical Report Writing
Tennessee State University
Nashville, Tennessee
By
Shana Anthonio
Student / Advocate
July 3, 2014
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TABLE OF CONTENTS
TABLE OF CONTENTS.................................................................................................................ii
LIST OF TABLES AND FIGURES...............................................................................................iii
ABSTRACT...................................................................................................................................iv
INTRODUCTION...........................................................................................................................1
DATA SECTION.............................................................................................................................2
Key Factors in Implementing Changes in Juvenile Detention Facilities.....................................2
Understanding Juvenile Justice................................................................................................2
What is Sexual Assault............................................................................................................2
Sexual Assault within Juvenile Detention Facilities................................................................2
Inmate Sexual Offenders.........................................................................................................2
Correctional Officers...............................................................................................................2
Prison Rape Elimination Act...................................................................................................3
Measuring the Extent of Sexual Assault in Juvenile Detention Facilities...............................4
Options for Implementing Revisions in Juvenile Detention Facilities........................................5
Update Technology..................................................................................................................5
Improve the Monitoring Procedures........................................................................................5
Establish a more Effective Inmate Placement Process............................................................5
Revise Evaluation Procedures.................................................................................................5
Implement Revisions to the Existing Grievance Procedures...................................................5
CONCLUSION................................................................................................................................6
RECOMMENDATIONS.................................................................................................................6
GLOSSARY....................................................................................................................................7
APPENDXICES..............................................................................................................................8
REFERENCES..............................................................................................................................13
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ABSTRACT
This report evaluates the feasibility of implementing revisions to the department of juvenile corrections
as a means to address sexual assault. There are many laws that enforce how prison staff deal with
sexual assault, however it still exist. Inmates can sexually abuse each other and correctional officers
can sexual abuse inmates. This report outlines some of the underlying problems within the department,
and offer practical solutions to address sexual assault. The overall purpose is to implement revisions to
the department procedures, protocols, and operational practices. In order to improve the department of
juvenile corrections and reduce, with the hope of eliminating, sexual assaults the following
recommendations should be considered:
Any attempt to improve correctional facilities and create a safer environment is beneficial. The goal of
the department is to reduce re-offenses through rehabilitation. Addressing and investigating sexual
violence can reduce an inmate risk of becoming a victim and change societal attitudes towards prison
rape. Overall, the data supports that by enforcing laws and using practical strategies to target sexual
assault the detention facilities will become safer.
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INTRODUCTION
Sexual Assault occurs every day in America and has become increasingly prevalent in Juvenile
Detention Facilities. In some cases, facility guards are the perpetrators of sexual abuse. Although the
Department of Corrections is responsible to provide care and protect inmates, they have failed.
Statistics reveal that juvenile males entering the penal system are very likely to be abused sexually.
Sexual assault is a crime and should be treated as such in any situation or circumstance. All youth,
regardless of their individual circumstances have fundamental rights to be protected from physical
abuse. It is very hypocritical for the Department of Corrections to enforce laws prohibiting sexually
assault, when they have failed to protect those in their custody.
Since the Department of Childrens Services is responsible to investigate all allegations of sexual abuse
of children, the Department of Juvenile Justice is responsible for protecting those in their custody from
unlawful acts, such as sexual assault. Serious action must be taken to raise awareness and address
sexual assault in juvenile detention facilities. Sexual assault is a major social concern because Society
has an ethical, legal, and moral obligation to prohibit predatory acts that will affect the lives of children
physically, emotionally, and mentally. Rape is a crime punishable by law, and the same protection
should be extended to those behind bars regardless of their social status.
A goal of the department of juvenile corrections is to rehabilitate offenders to become productive
citizens, who at some point re-enter society. The department of juvenile corrections cannot adequately
meet its goal without addressing the issue of sexual assault. Statistics reveal that male inmates reported
high levels of post-traumatic stress syndrome, depression, suicide, increased risk for HIV, and
emotional disturbance due to high exposure to sexual violence. Rather than protecting members of
society, the department of juvenile justice will be providing an injustice, if they release inmates back
into society more damaged than when they entered. Although there is no guarantee that all sexual
offenders will be rehabilitated, the department of corrections must make every effort to try. When
inmates dwell in a safe facility, free of sexually violence, and complete treatment programs, their likely
hood to reoffend is reduced. Therefore to address Prison Rape, I propose to implement revisions to the
existing grievance procedures, to update the monitoring procedures and technology, and to improve the
placement and evaluation procedures to protect adolescent in the care of the juvenile correctional
facilities.
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DATA SECTION
Key Factors in Implementing Changes in Juvenile Detention Facilities
Although similar methods have been used, the following proposed changes can sharply reduce sexual
assault among juveniles, especially with the support of legislative action to hold correctional
administration,, guards, and inmates responsible. To access the feasibility, of implementing revisions to
the department of juvenile corrections, I plan to pursue seven areas of inquiries.
Understanding Juvenile Justice
Juvenile courts are primarily concerned with the protection and safety of children and address issues
on custody, supervised visitations, and family counseling. The department of justice is also responsible
for prosecuting juvenile offenders and overseeing the detention facilities. It is important to understand
that juveniles can be found guilty of various crimes and serve different lengths of time. One youth may
be found guilty of robbery and another could be a Child Rapist. Regardless of their criminal
involvement, juveniles are frequently placed in detention facilities are expected to be rehabilitated. It is
the responsibility of the department to reprimand convicted juvenile offenders and also provide an
emotional supportive environment, access to education, and protection from physical abuse. At no point
should a youth be sexually assault while in the custody of the department. The law protects
children/adolescent from being sexually assaulted in the care of their guardians; therefore the same law
must be upheld in government facilities. A key component to changing a problem is to understand the
problem. Statistical data has proven that prion rape is prevalent, and sexual violence in juvenile
facilities is increasing. Changing the system from within will have a profound impact on how well
offenders are rehabilitated. It would be impractical to expect inmates to live in a hostile environment
and return back into society as productive citizens.
Identifying what is Sexual Assault
Some words use to describe behaviors can have condescending interpretations; however the phase
sexual assault meaning is literal. Because the law must be understood by all members of society the
definition of Rape, Sexual Battery, Rape Statutory, and Child Sexual abuse all have very detailed
meanings. Sexual abuse can happen to anyone regardless of ages or gender. A victim of sexual abuse
may not be able to talk openly about what happened, but there are many signs, such as depression,
anger, and drug and alcohol dependency. It is very common for the general public to be unaware of the
extent of sexual violence in the world, but the reality is that individuals are raped every day. Society
attitude towards rape have become more tolerating and disengaged, Bell illustrated a concise example
found in a survey that affirmed: Sexual assault has been accepted in the past and there has been an
expectation that it will occur; in some prison environments practices exist that encourage or facilitate
sexual assault (p19). Identifying what constitutes rape is an important part of addressing the problem;
however it is more important for the judicial system to enforce zero tolerance. There is no easy answer,
but through educating, legislative action, and advocacy, perhaps sexual assaults will become less
tolerated in the future.
Sexual Assault within Juvenile Detention Facilities
Bold and Italic words appear in the Glossary
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In recent years the United States Congress passes the Prison Rape Elimination Act to address sexual
assault in correctional facilities. Prison rape is not merely a new problem, but rather a very deep-rooted
issue that lacks serious attention. Have you ever heard the expression Dont drop the soap? Well this
is a perfect example of the comical attitude society have toward prison rape. Somehow the issue
became amusing and the mass media has portrayal prison culture as entertaining; however control,
snitching, retaliation, and rape are real. Some would argue that inmates deserve to be treated
inhumane, but the reality is that rape that exist anywhere is wrong. Table 1 Illustrates reasons inmates
dont report sexual abuse. The Justice system will remain corrupt until a real solution is implemented
to
produce real change. More must be done
to
hold prison guards and correctional
facilities administrators accountable.
Table 1 Reasons Inmates dont Report Rape
Prison staff main priority is to protect the
Original Visual
inmates from hurting each other, but they
Data Source: http://www.wcl.american.edu
do
not always follow investigation
Reasons for not
Inmates
procedures.
By
Reporting Sexual
Assault
Embarrassment
Retaliation from
the perpetrator
Fear of harassment
by others
Dont want to be
put in safekeeping
Personal matter/no
one elses business
Responses
by Percentage
29.79 %
29.29 %
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privileges. In addition enforcing child sexual abuse reporting laws in Juvenile fatalities will hold all
staff accountable for accurately following grievance procedures.
CONCLUSION
I have clearly provided examples of real problems that exist with the Department of juvenile
corrections. Numerous reports on sexual assault within juvenile detentions and prisons has proven the
problem still exist, despite past attempts to eliminate rape. As mention before sexual assault is a
violation of human rights and illegal, therefore the department must operate facilities that are in
compliance with the laws that govern society. By addressing the seven areas of inquiry mention before,
I can determine the feasibility to implement revisions to the department of juvenile corrections, with a
hope of reducing incidents of sexual assault. With your approval, I will immediately begin working to
implement the proposed initiatives.
RECOMMENDATIONS
In order to alleviate and/or eliminate sexual assault from within Juvenile detention facilities a
collaborative effort must exist between Juvenile Corrections Administrators, Facility Staff, Politicians,
Processional Helpers, and service providers. Immediate action must be taken to address the issue of
sexual assault in Juvenile Detention Facilities, please consider the following suggestions:
During my para-professional experience I have observed the emotional damage that sexual abuse can
have on children and adults. As a child welfare advocate and student social worker, I have become
aware of how prevalent sexual abuse is within the Department of Juvenile Corrections. Since then I
have been inspired to seek justice, so that all children, regardless of their legal status will be afford the
same rights of all free individuals, and that is to be free of sexual ,physical, and emotional abuse.
Although similar methods have been used in the past to address sexual assault, my proposal will
improve Juvenile Detention Facilities by reducing, with the hope of eliminating, sexual offenses. These
methods alone cannot eliminate sexual assault in Juvenile Detention Facilities, however through a
collaborative effort I believe a difference will be made.
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GLOSSARY
Child Sexual Abuse is the commission of any
act involving sexual contact with a child less
than 13 years of age. This includes any
penetration of the vagina or anal opening,
whether or not there is the emission of semen;
any contact between the genitals or anal
opening of one person and the mouth or tongue
of another; intentional touching of the genitals
or intimate parts or the clothing covering them;
intentional exposure of perpetrators genitals in
the presence of a child, or any other sexual act
intentionally perpetrated in the presence of a
child, if the act is for the purpose of sexual
arousal or gratification, aggression,
degradation, or other similar purposes.
Juvenile Court is a specialized court system
designed to treat youthful offenders separately
Rape is the unlawfully sexual penetration,
accompanied by circumstances such as force,
coercion, lack of consent of the victim, fraud,
mental incapacitation or physical helplessness
on the part of the victim.
Rape, Statutory is sexual penetration of a
victim by the offender or of the offender by the
victim, when the victim is at least 13 and less
than 18 years old, and the defendant is at least 4
years older than the victim.
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APPENDXICES
Interview
Personal Interview
Cathy Gurley -Executive Director
You Have the Power
Nashville, TN
June 30, 2014
Q: What is You Have the Power?
A: You Have the Power.Know how to use it, is a non-profit operating for twenty one years,
serving the state of Tennessee through educational, empowerment, and advocacy, for victims
impacted by crime. If we can help one person seeking healing, than thats a really good thing, its
not all about numbers. The cycle of sexual abuse must be broken!
Q: What are some of your duties as Executive Director?
A: I get to wear many different hats, developing educational programs, public speaking, talking
with the media, and fundraising.
Q: What degrees do you hold?
A: I have Bachelors in Art; I majored in English and minored in philosophy.
Q: How many years, total, do you have in professional practice?
A: I have 35 years of professional work experience, and I have worked 2 years as Executive
Director with You Have the Power.
Q: Based on your experience how prevalent would you say Sexual Assault is within Juvenile
Detention Facilities?
A: There are alarming statics about sexual attacks in prisons in generally, I assume the same is
true within the Juvenile facilities.
Q: Do you serve on any boards?
A: Yes, I serve and advocate on the Sexual Offenders Treatment Board. Statistically 1 in 4 girls
and 1 in 6 boys will be sexually abuse before their 18th b-day. I represent victim advocate groups.
Professionals in Criminal Justice, Tennessee Bureau of Investigation, Office of Parole and
Probations , Department of Corrections, Psychologist , Psychiatrist , Social Workers, and Child
Welfare Advocates, come together and look into treatment options for victims and perpetrators. I
look at what is helpful to the victims and for ways to reduce re-offenses. We also review the
legislative process. For example, sexual offenders are required by law to attend counseling. I
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thought that the large group counseling sessions were not as effective, and I thought that
individual treatment, or smaller groups would be more beneficial. Thus for changes have been
made for sexual offenders to receive counseling in smaller counseling groups, no more than 20 in
each group.
Q: What can be done to address Sexual Assault within Juvenile Detention Facilities/Prisons?
A: It takes a lot of diligence among those in charge of maintaining safety in prisons, especially
Juvenile detentions. Swift and complete accountability must take place when an incident occurs.
Q: Statics show that inmates, particularly Black males, have high rates of suicide, depression,
post -traumatic stress syndrome, and higher risk for HIV; mainly because of their higher
incarnation rates. What other problems can you identify that inmates may experience?
A: Many we need to encourage that sexual assault is not tolerated inside or outside the prison.
Q: How effective is the (PREA) Prison Rape Elimination Act?
A: It has help establish a culture that clear says, Sexual Assault is not to be tolerated
Q: How is policy involved in your work?
A: I try to improve the laws that will help victims and prevent re-victimization. We have a very
successful victim impact curriculum, and it is the only curriculum approved to be taught and
implement into Tennessee prisons. Our curriculum has reduced recidivism. We want to adapt our
curriculum to Juvenile Detentions as a new tool to prevent future problems.
Q: How is research involved in your work?
A: Research is important, but has been very limited. We need to be able to assess what we do.
We are implementing pre and post-test, to understand how much of an impact we are making.
Our first chapter is on accountably and last chapter is on forgiveness. Educational presentations
help spread the word and raise awareness on the issue of sexual abuse
Q: Resilience is the ability to overcome trauma, how does your work foster resilience?
A: When we work with a victim, and every one heals in a different way, we help them find
resources that are available. There a number of convicted sexual offenders scheduled for the
death penalty, and we dont have an opinion on that. We have been getting a lot of phone calls
about it. Some victims want to see the offenders reprimanded. We dont say whether its right or
wrong. Taking a life cannot change the damage that has been done. We support the victims.
Q = Question
A=Answer
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Interview
Personal Interview
Crystal James- Correctional Officer
Charles Bass Correctional Complex
Nashville, TN
July 1, 2014
Q: What is Charles Bass Correctional Complex?
A: Charles Bass is an adult male, medium level, security facility. We also have a transition unit
that hold higher restricted inmates. We currently house 659 inmates. Inmates can be serving time
between 10 years to life sentences. Some inmates get out on early release if the complete
programs and have good behavior.
Q: What are some of your duties as a Correctional Officer?
A: My Duties are to first and foremost operate safe and secure prisons. My job is to provide
effective supervision and enhance public safety.
Q: What are some barriers that you experience?
A: Smoking (cigarettes and marijuana) are major problems within the prison community.
Correctional Officers constantly do security checks, but we dont see everything. If we dont see
it happening we cant write paper work, because was not able to make positive or negative
assumptions without verifying the facts.
Q: What is the protocol for investigating sexual assault?
A: If we get a hit (tip or incident complaint) on someone being sexually assaulted, we verify
the facts with the victim, and then we put the offender under pending investigation. The victim
will be moved to a protective custody unit, until its solved.
Q: Please describe the Sexual Offender Unit
A: The Sexual Offender unit is the best unit on the compound, because the program runs itself.
Not all offenders have committed the same kinds of crimes. Some offenders have raped elderly
persons or children. Some have been involved in domestic cases, where they were found guilty
of sexual assaulting their significant other. Some sexual offenders have been charged with
statutory rape charges. I put myself in peoples shoes; I dont treat the sex offenders any different
than the murders.
Q: What degrees do you hold?
A: I m a senior work on my bachelors in Criminal Justice at Tennessee State University
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Q: What are the employment requirements for Correctional Officers at Charles Bass?
A: 18 years old, high school diploma, clean background, pass drug test, 4 weeks training at the
police department We are training in areas of chemicals, gun training, physical training, use of
force, and CPR. Drug test and searches of vehicles are randomly done on staff.
Q: What kind Professional Development is provided for Correctional Officers?
A: Inmate and employee relations, how to communicate with inmates, sexual boundaries with
inmates, respecting the inmates. We had training on signs and techniques of dealing with inmates
that have been sexual, physical, and mental abused. We only did the training for 4 weeks. You
can go back to refresh your memory if you need to but they do not offer training on a yearly
bases.
Q: How many years, total, do you have in professional practice?
A: I have interned at the prisons, and worked there for one year.
Q: Based on your experience how prevalent would you say Sexual Assault is within Juvenile
detention facilities/Prison?
A: Very Prevalent! Sexual assault in Juvenile facilities is about the same as prisons. Cell phones,
cigarettes, and marijuana are the most visual problems in prisons because you can catch inmates
engaged in those acts. But sexual assault is not always detected or reported because some
inmates dont want to come forth because of fear, or its just a part of their lifestyle.
If we catch inmates having sex they will go under investigation and be reprimanded. We do
checks at 2, 4, 5:30, 9, 10:30, and 12:00(on a 24 hour base), inmates can be standing or sitting.
The inmates know our job better than us, if you do the same routine; they know how to avoid
getting caught. Younger inmates are often manipulated by older inmates and forced into having
sex. Officers in some facilities have also used their power to manipulate inmates into having sex.
Q: What can be done to address Sexual Assault within Juvenile Detention Facilities/Prisons?
A: Majority of individuals, especially youth, that is in jail want to go home. If the Department of
Juvenile Detention Facilities would provide programs and offer incentives, to lessen their
sentence, than maybe inmates would not engage in criminal behavior. If you get caught having
consensual sex with another inmate, you get a class A, C, and/or E write up; it goes on your
record and you have more restrictions.
Q: How effective is the (PREA) Prison Rape Elimination Act
A: PREA is very beneficial, because the program promote the rights of victims, set standards,
and bring awareness to the community that rape is a crime.
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Q = Question
A=Answer
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Corrections Today, 69(5), 80-85. Academic Search Primer. Accessed June 9, 2014.Web
<http://www.corrections.com/aca/cortoday/index.htmlhttp://www.aca.org/pu>.
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June 9, 2014.Web
<http://www.thenation.com>.
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9, 2014.Web
<http://www.corrections.com/aca/cortoday/index.htmlhttp://www.aca.org/pu>.
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