Investigative Procedure PREA Standard 115.322

POLICY:
            The Baldwin County Juvenile Detention Center shall ensure that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment. It is the policy of this facility that all allegations of sexual abuse and sexual harassment are referred to an agency with the legal authority to conduct criminal investigations, unless the allegations do not involve potentially criminal behavior. All referrals shall be documented.  

            This policy shall be published on the facility’s website.  If a separate entity is responsible for conducting criminal investigations, the publication shall describe the responsibilities of both the facility and the investigating entity.

            Any state entity responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in juvenile facilities shall have in place a policy governing the conduct of such investigations.

            Any Department of Justice component responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in juvenile facilities shall have in place a policy governing the conduct of such investigations.


PROCEDURE:
            Any person having knowledge, suspicion, or information regarding an incident of sexual assault/harassment shall report this information to the supervisor on duty. The supervisor shall immediately notify the Director of Detention. All allegations for sexual abuse/assault/harassment shall be investigated by the Baldwin County Sheriff’s Office. Administrative and criminal investigations shall be conducted simultaneously with priority given to the criminal investigation. All referrals to outside agencies shall be documented.

  1. Investigators
    1. The Baldwin County Regional Juvenile Detention Center shall require the training of certain individuals as required in PREA Standard 115.334
    2. Those trained individuals shall conduct any administrative investigations of sexual abuse and harassment allegations, if the allegation does not involve potentially criminal behavior.       
  2. Investigations of sexual harassment allegations
    1. Allegations of sexual harassment shall be investigated administratively by Detention Center investigators.
    2. If the investigation shows that a staff member is involved in the sexual harassment allegations, and based on a preponderance of the evidence it is believed that the staff member committed the harassment, the matter shall be turned over to the Alabama Department of Human Resources and/or District Attorney’s office.       
  3. Investigations of sexual abuse allegations
    1. Any allegation of sexual abuse that potentially involves criminal behavior shall be turned over the Baldwin County Sheriff’s Office for investigation, especially in all cases that may have happened within a time frame that allows for collection of physical evidence or if the allegation involves another staff member.    
  4. Staff at the Baldwin County Regional Juvenile Detention Center shall cooperate in every way with any investigation.
  5. Baldwin County Regional Juvenile Detention Center shall endeavor to remain informed of the progress of the investigation.
Survey of Sexual Violence 080216-2