News

Testimony before the
New York City Council
Committee on Criminal Justice
Chair Sandy Nurse
By
Lynelle Maginley-Liddie, Commissioner
NYC Department of Correction
October 31, 2024

 

Good morning, Chair Nurse and members of the Committee on Criminal Justice. I am Lynelle Maginley-Liddie, Commissioner of the New York City Department of Correction (“Department” or “DOC”). My colleagues and I are here to discuss a very sensitive and important topic: the prevention of and response to sexual assault and harassment within our jails. I want to be clear at the outset: sexual assault and harassment are not tolerated within our jails. People working in and visiting the jails, as well as those in our care, must remain safe and free from harm.

The Prison Rape Elimination Act

As you undoubtedly know, the Prison Rape Elimination Act (“PREA”) is a federal statute that outlines the essential elements required to prevent the sexual abuse of individuals in correctional facilities. Finalized in 2012, the Act provides standards in the areas of prevention, training and education, screening for risk of sexual victimization and abusiveness, ways for people in custody to report sexual abuse and harassment, agency response following a report, investigations, discipline, medical and mental health care, data collection and review, and audits and appropriate corrective action. The Department began working towards compliance with these standards in 2015. Board of Correction Minimum Standards for the Elimination of Sexual Abuse and Sexual Harassment outline many of the same standards as PREA and went into effect in January 2017. Our goal is not only to comply with PREA standards but to adopt more comprehensive best practices that ensures everyone who enters our jails, whether staff, people in custody, or visitors, remain safe.

Policies and procedures related to the prevention of and response to sexual abuse and harassment of people in custody are managed by the Department’s PREA Compliance Unit and PREA Investigation Unit. PREA Compliance staff work to create a culture and environment within the jails that promotes the detection and reporting of sexual misconduct, prevents retaliation against anyone who reports sexual abuse and provides ongoing support and resources to individuals who are the victim of sexual abuse. PREA Investigation staff respond to allegations of sexual abuse and harassment and ensure that victims are separated from alleged perpetrators and receive prompt medical care and mental health support and conduct any resulting investigations. As of October 2024, the PREA Investigation Unit is comprised of 19 investigators, with each investigator handling on average 25 cases at any given time.

Prevention & Detection of Sexual Abuse of Individuals in Custody

All DOC staff, as well as contractors and volunteers who work in our jails, are required to take an in-person training designed to identify and eliminate sexual abuse and harassment. The training instructs that all reports must be taken seriously and forwarded immediately to the Department’s PREA Investigation Unit. A refresher training is required every two years.

Upon entering custody, every individual is screened for their risk of sexual victimization and abusiveness. This screening is used to determine the most appropriate housing options for each individual. PREA Compliance staff conduct an in-person orientation with all new admissions. This allows individuals to ask questions during the orientation or privately at its conclusion. During the orientation, staff inform new admissions of the many ways to report an allegation.

Reporting an incident of sexual assault can be incredibly difficult, and therefore the Department provides many different pathways for individuals to make a report, including calls to various hotlines, to the Board of Correction, and the Department of Investigation (“DOI”). Reports may also be submitted by a third party and will be forwarded to the PREA Investigation Unit. Importantly, DOC staff are mandated reporters. If they suspect or witness sexual misconduct, they must report the incident to PREA. Reports can be submitted anonymously, and there is no time limit on when an individual can report an allegation of sexual abuse or harassment.

PREA Investigations

A cornerstone of eliminating sexual abuse within the jails is a fair and thorough investigative process. As a first step, any time an individual alleges that they were sexually abused by staff, DOC sends that information to DOI for clearance to conduct an internal investigation. DOI will either allow DOC to investigate, or ask DOC to stand down, and they will investigate itself. If the matter is cleared for investigation, PREA investigators will move forward. They will respond to the facility of the alleged incident, often within 24 hours, to speak with the victim and any potential witnesses. They will review Genetec video and phone calls, and the backgrounds of those involved in the allegation, and collect any other evidence. Critically, PREA investigators also ensure that the victim is immediately separated from the alleged perpetrator and receives supportive services, including medical services and a referral to mental health services. Following a report, PREA Compliance staff will tour the facility regularly and check on victims and monitor for any signs of retaliation.

The Department completes a preliminary review of all sexual abuse and harassment allegations within 72 hours of the allegation being reported. Following this, allegations are assigned as PREA-reportable or not PREA-reportable, as defined in the PREA standards. Allegations that are PREA-reportable include any allegation that involves sexual abuse by staff, repeated reports of sexual harassment by staff, and non-consensual sex acts, abusive sexual contact, and sexual harassment between individuals in custody. Non-PREA allegations include, for example, a one-time allegation of sexual harassment, and consensual sex acts between individuals in custody. I would emphasize that, although an allegation might not be PREA-reportable, it is still taken seriously and investigated thoroughly.

PREA standards require that all cases must be closed within 90 days of the allegation being made. If an investigation reveals criminality, the case will be referred back to DOI. Those cases will remain as pending until they are closed out by those parties. While some recent cases have exceeded the 90-day closing requirement, the majority of cases are closed within 90 days.

Once an investigation is completed, it is classified as substantiated, unsubstantiated, or unfounded. Allegations are substantiated if determined to have occurred based on a preponderance of evidence. Unsubstantiated allegations are ones in which the evidence is insufficient. Unfounded allegations are those proven false. Staff who are found to have violated Departmental policies that contributed to a sexual assault are disciplined and may be terminated. Staff found guilty of a crime are terminated. Individuals in custody are also subject to discipline and possibly rearrest if an allegation against them is substantiated.

Prevention & Response to Workplace Violence

The safety and wellbeing of DOC staff and anyone else who works in our jails is of paramount importance. They deserve a workplace free from violence and harassment. Everyone who works in the jails is required to complete situational awareness training prior to entering the facilities. DOC supervisory staff are expected to tour jails regularly to assess and abate conditions that may lead to violence or harassment. In addition, staff in leadership positions throughout the agency continue to tour the jails on a regular basis to observe conditions, speak with staff and individuals in custody, and address any issues they observe while on their tour.

Unfortunately, despite these efforts, staff, external providers, and volunteers have experienced sexual assault and harassment from individuals in custody. Such instances are not within the purview of PREA guidelines, and a separate investigation process is managed by the Department’s Correction Intelligence Bureau (“CIB”). Following a report, CIB interviews the victim as soon as possible and collects witness statements and other potential evidence to make a charge and arrest. If an arrest is made, all pertinent documents are forwarded to the Bronx District Attorney.

Assaults on staff are traumatic experiences, and our approach centers on immediate intervention, ongoing support, and fostering resilience. Supervisors meet staff to check on their well-being and offer support immediately following an assault, and throughout their recovery. By addressing the emotional, physical, and psychological needs of staff, we aim to provide a safe, supportive work environment for all employees. In addition, the Department’s Correction Assistance Response for Employees (“C.A.R.E.”) Unit provides a holistic range of support and resources including counseling, spiritual guidance, and referrals to professional providers. The C.A.R.E. Unit is comprised of veteran officers who can share in the staff’s experience and offer compassionate, peer-based support. They tour the facilities regularly to check-in on staff and encourage them to access the supportive resources available to them. If a victim would like to seek services external to the agency, we also refer them to the Employee Assistance Program for support.

Proposed Legislation

Let me now turn to the proposed legislation. Intro. 792 would require DOC to establish and maintain an electronic case management system to record all data related to reports of sexual abuse and harassment of individuals in custody. During the last year, the Department has been procuring and implementing a new electronic case management system. The system is designed to document and track cases, investigations, and disciplinary actions Department-wide. The PREA Investigation Unit was selected as the first unit to go live with the application. Once fully operational, this system will greatly improve the Department’s ability to document and track sexual abuse and harassment complaints, adhere to the deadlines associated with the cases, and report in compliance with oversight requirements. The Department supports this legislation but would request adjustments to the effective date to allow for a reasonable time ensure the application meets the requirements outlined in the bill, following this pilot phase.

Intro. 830 would require the Department to develop a comprehensive training program for investigations of sexual assault and harassment and to report on training. In addition to the foundational PREA training that all staff are required to complete, PREA and CIB investigators received additional in-service training on investigation procedures, as well as cross-training with the NYPD and other subject matter experts. Although we would propose minor amendments to ensure that training requirements are in line with best practices, we support formalizing the requirement for staff who undertake this sensitive work. We look forward to working with the Council to address our concerns.

Conclusion

Finally, let me restate that the Department has a zero-tolerance policy for anyone engaging in sexual misconduct in our facilities. We take this issue extremely seriously. We are committed to making improvements to ensure that we are not only in compliance with PREA standards, but more importantly that all people who live, work in, or visit our facilities are safe. I am personally committed to continuing this work. Thank you for the opportunity to testify today, and we are happy to answer any questions you may have.