REPORT ON RAPE IN JAILS IN THE U.S. 

Based On Public Hearings and Review Of 

Documentary Evidence By 

The Review Panel On Prison Rape 

Steven T. McFarland, Chair 

Carroll Ann Ellis 

Gwendolyn Chunn 

Findings And Best Practices 

December 29, 2008 
TABLE OF CONTENTS

REPORT ON RAPE IN JAILS IN THE U.S. 

The Review Panel On Prison Rape 

I. Role Of The Review Panel On Prison Rape 1 

II. Panel Members And Staff 2 

III. Panel’s 2008 Jail Hearings 3 

 A. Selection of Jails Invited to Testify 3 

 B. Identified Common Characteristics of Victims and 

 Perpetrators of Sexual Victimization 6 

 1. Identified Common Characteristics of Victims of 

 Inmate-On-Inmate Sexual Victimization 6 

2. Identified Common Characteristics of Victims of 

Staff-On-Inmate Sexual Victimization 8 

 3. Identified Common Characteristics of 

Inmate Perpetrators of Sexual Victimization 9 

 4. Identified Common Characteristics of 

 Staff Perpetrators of Jail Rape 10 

C. Common Characteristics of Jail Systems With High or Low 

Prevalence of Sexual Assault 11 

1. Identified Characteristics Present In Jails With Low Prevalence 

of Sexual Victimization and Absent from One or More Jails 

with a High Prevalence of Sexual Victimization 11 

2. Identified Unique Characteristics of Jails With High 

Prevalence of Rape 12 

3. Identification of Additional Characteristics of Both Jails 

With High and With Low Prevalence of Sexual Victimization 14 
IV. Best Practices to Lessen the Risk of Rape in U.S. Jails 19

1. Training of Staff and Inmates 21 

2. Classification 23 

3. Surveillance 24 

4. Reporting 26 

5. Investigation 27 

6. Prosecution 28 

7. Relevant Policies and Practices 28 
Report On Rape In U.S. Jails 

Review Panel On Prison Rape 

 

I. Role Of The Review Panel On Prison Rape 

 According to the Prison Rape Elimination Act of 2003 (“PREA”)1, the duty of the 

Review Panel on Prison Rape (“Panel”) is to hold hearings, based on statistics gathered by the 

Bureau of Justice Statistics (BJS), concerning the operation of the three correctional facilities 

with the highest incidence of rape and the two facilities with the lowest incidence of rape in each 

of the three categories of facilities identified under Section (4)(c)(4) of the statute. 42 U.S.C. § 

15603(b)(3)(A). In addition to the category of Federal and State prisons as defined in the statute, 

the Attorney General has defined local jails and juvenile facilities as the other two categories. 

 The purpose of the hearings is to aid BJS in the identification of common characteristics 

of victims and perpetrators of rape in these correctional facilities, as well as of those facilities 

and systems that have the highest and lowest incidence of rape.2

 Id.

 Methodology. In producing this report on those public hearings, the Panel has used the 

following methodology to identify those common characteristics of the U.S. jails surveyed by 

BJS. Utilizing the BJS report entitled Sexual Victimization in Local Jails Reported by Inmates, 

2007, which was published in June 2008, the Panel identified four jails among those reported to 

have the highest prevalence of sexual victimization and three jails among those reported by 

surveyed inmates to have the lowest prevalence. See Section III.A. below. Then the Panel sent 

to each of those jails requests for relevant documents and then reviewed the documents each 

1

 Public Law 108-79, 117 Stat. 972 (codified as amended at 42 U.S.C. §§ 15601-15609 (2006)). 

2

 Under PREA, the Panel is to conduct hearings “to collect evidence to aid in the identification of common 

characteristics of both victims and perpetrators of prison rape, and the identification of common characteristics of 

prisons and prison systems with a high incidence of prison rape, and the identification of common characteristics of 

prisons and prison systems that appear to have been successful in deterring prison rape.” 42 U.S.C. § 

15603(b)(3)(A). 

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produced.3 Next the Panel sent each of the chosen facilities a list of requested witnesses who 

were invited to give sworn testimony at each hearing. At least one Panel member toured each of 

the chosen facilities to get a comprehensive first-hand look at it; such tours lasted on average 

between 2 to 5 hours each. Finally, the Panel received sworn testimony in one-day public 

hearings on each of the chosen facilities either in Washington, D.C., or at a location near the jail, 

questioning jail employees and officers about the jail’s policies, practices, training, inmate 

education, surveillance and reporting mechanisms, investigations, as well as the documents 

produced by that jail. 

II. Panel Members And Staff 

 In accordance with PREA, the Attorney General, in consultation with the Secretary of the 

Department of Health and Human Services, appointed the members of the Panel. Members of 

the Panel who participated in the 2008 hearings regarding sexual assault in jails were Ms. Carroll 

Ann Ellis, Director, Victim Services Division, Fairfax County, Virginia, Police Department; Mr. 

Steven T. McFarland, Director, Task Force for Faith-Based and Community Initiatives, U.S. 

Department of Justice (DOJ); and Ms. Gwendolyn Chunn, retired Executive Director of the 

Juvenile Justice Institute, Center for Criminal Justice Research and International Initiatives, 

Department of Criminal Justice at North Carolina Central University, and past president of the 

American Correctional Association. 

 The Panel expresses its sincere appreciation to Robert Siedlecki, Jr., Senior Legal 

Counsel at the Task Force For Faith-Based and Community Initiatives, Office of the Deputy 

Attorney General, and to attorneys, staff and interns from the Office for Civil Rights in the DOJ 

3

 The Panel also requested and received supplemental documents after the hearings from some of the facilities 

whose witnesses testified. 

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Office of Justice Programs for their invaluable assistance to the Panel in arranging public 

hearings and reviewing voluminous hearing transcripts and documentary evidence. 

 

III. Panel’s 2008 Jail Hearings 

 From August 27 through November 14, 2008, the Panel conducted hearings in response 

to the BJS National Inmate Survey released June 25, 2008 (“NIS”). The NIS surveyed 40,419 

jail inmates in 282 local jails between April and December 2007. 

 A. Selection of Jails Invited to Testify 

 The NIS did not provide an exact ranking of the prevalence of sexual assault for the 

facilities in its statistical survey as required by PREA because BJS’ estimates were based on a 

sample of inmates from 282 jail facilities rather than a complete enumeration and, consequently, 

its findings were subject to sampling error. On this basis, BJS was able to statistically identify a 

group of eighteen surveyed facilities with the highest reported rates of sexual victimization as 

well as eighteen facilities in which no incidents of sexual victimization were reported by 

inmates. The BJS report also included tables in the body of the survey and in the appendix 

which set forth in detail the tabulated results of the survey by facility and state. In light of the 

inability of BJS to provide an exact ranking of jail facilities based on the incidence of sexual 

assault, the Panel relied on the data in BJS’ tables to select the facilities it invited to testify at its 

hearings in the fall of 2008. 

 The Panel invited the following three jails among the facilities surveyed by BJS with the 

lowest prevalence of sexual abuse to testify at a hearing: (1) Northwest Ohio Regional 

Correctional Center (Northwest Ohio); (2) Culpeper County (VA) Jail (Culpeper); and (3) 

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Hampden County Western Massachusetts Correctional Alcohol Center (Hampden). The Panel 

chose Northwest Ohio because it had no reported incidents of sexual abuse and would provide a 

contrast with another jail in the same state that had one of the highest prevalence rates of sexual 

abuse and that would also be participating in the hearings. The Panel identified Culpeper 

because it too had no reported incidents but, unlike Northwest Ohio, was a much smaller facility 

(and thus representative of many of the nation’s jails) with about the same response rate. The 

Panel chose Hampden because it likewise had no reported incidents and would allow the Panel to 

examine a specialized jail facility. 

 The Panel invited to a hearing the following jails with the highest prevalence of sexual 

abuse among those surveyed: (1) Torrance County (NM) Detention Facility (Torrance); (2) 

Bernalillo County (NM) Metropolitan Detention Center (Bernalillo); (3) Brevard County (FL) 

Detention Center (Brevard); and (4) Southeastern Ohio Regional Jail (Southeastern Ohio). 

 The Panel chose Torrance because it had the highest rate of inmate sexual victimization 

among the 282 jails surveyed (id., Table 2)4

; the highest rate of nonconsensual sexual acts or 

abusive sexual contacts (id., Table 4); and the highest rate of staff-on-inmate sexual 

victimization (id., Appendix Table 4). In addition, Torrance is a privately-run facility owned by 

Corrections Corporation of America and thus would give the Panel the opportunity to learn more 

about the risk of sexual victimization in such facilities as compared to public jails.5

4

 As explained in its report on Sexual Victimization in Local Jails Reported By Inmates, 2007, this means that BJS 

calculated with 95% confidence that the true prevalence of sexual victimization in Torrance County Detention 

Facility within six months of the survey date was between 5.4% and 21.4% of its inmates. The national average was 

3.2%. Fifty-three surveyed facilities had victimization rates statistically similar to that of Torrance. 

5

 CCA responded constructively to the BJS survey and the Panel’s inspection and hearing. After the hearing on 

Torrance, CCA approved the hiring of up to 15 additional correctional officers for Torrance. E-mail from Jail 

administrator Robert Ezell dated October 16, 2008 (unsworn testimony). During the Torrance hearing, Jail 

administrator Ezell testified that CCA had approved funding for additional video cameras and windows into several 

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 The Panel chose Bernalillo because it had the third highest rate of inmate sexual 

victimization (id., Table 2); the third highest rate of nonconsensual sexual acts (id., Table 4); and 

the third highest rate of staff-on-inmate sexual victimization (id., Appendix Table 4). 

 The Panel chose Brevard because it had the fourth highest rate of inmate sexual 

victimization (id., Table 2); the second highest rate of nonconsensual sexual acts (id., Table 4); 

and the highest rate of inmate-on-inmate sexual victimization (id., Appendix Table 4). 

 The Panel chose Southeastern Ohio because it had the fifth highest rate of inmate sexual 

victimization (id., Table 2); the third highest rate of nonconsensual sexual acts or abusive sexual 

contacts (id., Table 4); and the second highest rate of staff-on-inmate sexual victimization (id., 

Appendix Table 4). 

 According to BJS, the jails selected by the Panel are statistically similar to the jail with 

the highest rate of inmate sexual victimization, Torrance County. In other words, due to 

sampling error, BJS could not say that any of the four facilities were distinguishable from one 

another or from the facility with the highest reported rate. 

 The Panel held hearings on Brevard on August 27, 2008, on Northwest Ohio on 

September 10, 2008, on Southeastern Ohio on September 11, 2008, on Hampden on September 

24, 2008,6

 on Torrance on September 30, 2008 and October 31,7 on Bernalillo on October 1, and 

on Culpeper on November 14, 2008. 

blind spots. (Transcript of Hearing of Review Panel on Prison Rape [hereinafter Tr.], R. Ezell, 25:9 (Sept. 30, 2008) 

(Torrance). 

6

 After this hearing, the Panel decided that the Hampden facility did not represent many if any of the nation’s jails 

and, thus, would be less useful as one of only two low-incidence facilities from which to learn. On advice of legal 

counsel, the Panel selected another facility with no reported incidents, in Culpeper County, Virginia. 

7

 This second hearing was done telephonically to receive the testimony of two current and former jail officials, 

respectively, Michael Varnum and Maria Sanchez, who were not able to attend the September 30, 2008, hearing. 

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 After inspecting and holding hearings on Hampden, the Panel decided that the situation 

of inmates in this facility was quite impressive but too unique to be of benefit for inclusion in 

this report. For example, people convicted of sexual and other violent offenses were excluded 

from this facility, inmates were given keys to their rooms at the facility, and inmates extensively 

were able to leave the facility to engage in community programming and volunteer service, 

among other things. These special features of Hampden make it unrepresentative of a significant 

portion of the nation’s jails. 

 The reader should bear in mind that PREA limits the number of jails which the Panel 

may engage in hearings. BJS is analyzing data from a much more representative sample of the 

nation’s 3,500 jails, which may confirm the Panel’s findings or surface new areas of exploration. 

 

B. Identified Common Characteristics of Victims and Perpetrators of Sexual 

Victimization 

1. Identified Common Characteristics of Victims of Inmate-On-Inmate 

Sexual Victimization 

 

 a. Young or Youthful In Appearance8 

 

 b. Smaller Stature and Build; Physical Disability9 

 

 c. Past Victim of Sexual Assault10 

8

 Tr., J. Dodson, 7:20 (Aug. 27, 2008) (Brevard); id., T. Clay, 39:2-3 (Sept. 10, 2008) (Northwest Ohio); id., J. 

Conrath, 172:4-5 (Sept. 11, 2008) (Southeastern Ohio); id., A. Abeyta, 108:18-19 (Oct. 1, 2008) (Bernalillo); id., K. 

Valerio, 120:8-13 (Bernalillo); id., F. Maestas, 204:5-6 (Bernalillo); id., P. Cordova, 228:21 (Bernalillo); id., M. 

Sanchez, 24:23-25:6 (Oct. 31, 2008) (Torrance); id., M. Varnum, 32:23 (Torrance); id., D. Peters 107:14 (Nov. 14, 

2008) (Culpeper)..). 

9

 Tr., J. Dodson, 7:20-21 (Aug. 27, 2008) (Brevard); id., S. Hill, 39:19 (Sept. 10, 2008) (Northwest Ohio); id., S. 

Garza-Romero, 112:11-12, 121:11-14 (Northwest Ohio); id., C. Eiden, 163:19-20 (Northwest Ohio); id., R. 

Easterling, 38:11-14, 123:18, 130:10-11 (Sept. 11, 2008) (Southeastern Ohio); id., J. Tolson, 329:21 (Southeastern 

Ohio); id., R. Lucero, 46:16 (Sept. 30, 2008) (Torrance); id., M. Sanchez, 26:2 (Oct. 31, 2008) (Torrance); id., M. 

Varnum, 33:22 (Torrance)); id., A. Abeyta, 108:19-20 (Oct. 1, 2008) (Bernalillo); id., K. Valerio, 120:19 

(Bernalillo); id., F. Maestas, 198:9 (Bernalillo); id., P. Cordova, 228:21 (Bernalillo); id., D. Peters 107:14 - 15 (Nov. 

14, 2008) (Culpeper).). 

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 d. First Time in Jail or New To This Jail11 

 

 e. Homosexual or Transgender12 

 f. Mental Illness, Learning Disability, Or Lower I.Q.13 

g. Low Self-Confidence or Projection of Feeling of Fear; Non-Aggressive14 

h. Lack of Gang Affiliation15 

i. Criminal History: Prostitution or Sex Offense16 or Less Serious Crime17

10 Tr., J. Dodson, 57:14 (Aug. 27, 2008) (Brevard); id., O. Clayton, 252:1-5 (Brevard); id., T. Clay, 35:6, 39:10-13 

(Sept. 10, 2008) (Northwest Ohio); id., S. Hill, 35:9-21 (Northwest Ohio); id., S. Garza-Romero, 112:20-12, 121:11-

12 (Northwest Ohio); id., C. Blue, 263:18-20 (Sept. 30, 2008) (Torrance); id., P. Cordova, 228:21 (Oct. 1, 2008) 

(Bernalillo); id., M. Sanchez, 29:7, 14-15 (Oct. 31, 2008) (Torrance). 

11 Tr., J. Dodson, 7:21-23 (Aug. 27, 2008) (Brevard); id., O. Clayton, 273:19-20 (Brevard); id., S. Hill, 39:20-21 

(Sept. 10, 2008) (Northwest Ohio); id., T. Parker, 151:5-13 (Northwest Ohio); id., C. Eiden, 163:18-19 (Northwest 

Ohio); id., R. Easterling, 124:1, 130:10-11 (Sept. 11, 2008) (Southeastern Ohio); id., J. Conrath, 172:6 (Southeastern 

Ohio); id., J. VanBibber, 242:15 (Southeastern Ohio); id., J. Tolson, 331:14-332:5 (Southeastern Ohio); id., J. 

Corral, 47:3-4 (Sept. 30, 2008) (Torrance); id., C. Blue, 263:16-18 (Torrance); id., M. Sanchez, 24:25-25:6 (Oct. 31, 

2008) (Torrance); id., M. Varnum, 32:25 (Torrance); id., A. Abeyta, 108:12-13 (Oct. 1, 2008) (Bernalillo); id., K. 

Valerio, 120:8-9 (Bernalillo); id., F. Maestas, 197:5-6 (Bernalillo); id., P. Cordova, 209:2 (Bernalillo); id., D. Peters 

108:14-109:1-11 (Nov. 14, 2008) (Culpeper) 

12 Tr., J. Dodson, 8:20-25 (Brevard); id., S. Hill, 40:3-4 (Sept. 10, 2008) (Northwest Ohio); id., S. Garza-Romero, 

112:12-13 (Northwest Ohio); id., C. Eiden, 164:7-9 (Northwest Ohio); id., R. Easterling, 123:12 (Sept. 11, 2008) 

(Southeastern Ohio); id., L. Rhodes, 172:17-18 (Southeastern Ohio); id., J. VanBibber, 242:11 (Southeastern Ohio); 

id., J. Corral, 47:14 (Sept. 30, 2008) (Torrance); id., R. Lucero, 47:17 (Torrance); id., M. Sanchez, 24:3-5 (Oct. 31, 

2008) (Torrance); id., A. Abeyta, 109:3-4 (Oct. 1, 2008) (Bernalillo); id., K. Valerio, 120:19-22 (Bernalillo); id., F. 

Maestas, 204:12-14 (Bernalillo); id., P. Cordova, 229:8 (Bernalillo); id., D. Peters 108:22 – 109:11 (Nov. 14, 2008) 

(Culpeper). 

13 Tr., J. Dodson, 15:23-16:2 (Aug. 27, 2008) (Brevard); id., O. Clayton 274:2-3 (Brevard); id., S. Hill, 40:1-3 (Sept. 

10, 2008) (Northwest Ohio); id., S. Garza-Romero, 121:12-13 (Northwest Ohio); id., M. Zartman, 124:11 (Sept. 11, 

2008) (Southeastern Ohio); id., J. Conrath, 172:5-6 (Southeastern Ohio); id., J. VanBibber, 242:10-11 (Southeastern 

Ohio); id., J. Tolson, 329:6-10 (Southeastern Ohio); id., F. Maestas, 197:10-12 (Oct. 1, 2008) (Bernalillo); id., P. 

Cordova, 228:21 (Bernalillo); id., M. Sanchez, 23:5-24:5 (Oct. 31, 2008) (Torrance); id., M. Varnum, 33:6-7 

(Torrance); id., D. Peters 115:9-14 (Nov. 14, 2008) (Culpeper 

14 Tr., O. Clayton, 273:24 (Aug. 27, 2008) (Brevard); id., T. Clay, 39:3-6 (Sept. 10, 2008) (Northwest Ohio); id., S. 

Garza-Romero, 112:19-20 (Northwest Ohio); id., C. Eiden, 163:20 (Northwest Ohio); id., J. Conrath, 172:9-10 

(Sept. 11, 2008) (Southeastern Ohio); id., J. Tolson, 329:1-5 (Southeastern Ohio); id., R. Lucero, 46:16-20 (Sept. 30, 

2008) (Torrance); id., F. Maestas, 197:6 (Oct. 1, 2008) (Bernalillo); id., P. Cordova, 209:2-3 (Bernalillo); id., D. 

Peters 109:15-110:5 (Nov. 14, 2008) (Culpeper) . 

15 Tr., D. Sullivan, 282:12-22 (Sept. 10, 2008) (Northwest Ohio); id., R. Lucero, 46:20-47:1 (Sept. 30, 2008) 

(Torrance); id., P. Cordova, 209:20-21 (Oct. 1, 2008) (Bernalillo). 

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j. Reputation Among Staff As Untruthful18

k. Money: Access To19 or Lack Of It 

l. Promiscuous or Provocative Behavior20

m. In Protective Custody21

n. Male Inmate With Feminine Mannerisms or Features22

 

2. Identified Common Characteristics of Victims of Staff-On-Inmate Sexual 

Victimization 

a. Confident23

b. Recidivist; “Street Smart”24

c. Serving Longer Term25

 

16 Tr., R. Easterling, 95:13-15,17-20 (Sept. 11, 2008) (Southeastern Ohio); id., F. Maestas, 229:13 (Oct. 1, 2008) 

(Bernalillo); id., P. Cordova, 229:8 (Bernalillo); id., M. Varnum, 33:3-6 (Oct. 31, 2008) (Torrance). 

17 Tr., P. Cordova, 228:5-7 (Oct. 1, 2008) (Bernalillo). 

18 Tr., D. Sullivan, 280:5-7 (Sept. 10, 2008) (Northwest Ohio). 

19 Tr., J. Dodson, 8:9-14 (Aug. 27, 2008) (Brevard); id., J. Eddy, 243:15-16, 19-20 (Sept. 11, 2008) (Southeastern 

Ohio); id., R. Lucero, 45:5-8 (Sept. 30, 2008) (Torrance); id., M. Varnum 33:1-3 (Oct. 31, 2008) (Torrance). 

20 Tr., S. Garza-Romero, 112:21-22, 121:12 (Sept. 10, 2008) (Northwest Ohio); id., T. Parker, 150:17-22 (Northwest 

Ohio); id., K. Valerio, 121:10-15 (Oct. 1, 2008) (Bernalillo). 

21 Tr., P. Cordova, 232:7, 11-16 (Oct. 1, 2008) (Bernalillo). 

22 Tr., J. Dodson, 8:24 (Aug. 27, 2008) (Brevard); id., S. Garza-Romero, 112:12 (Sept. 10, 2008) (Northwest Ohio); 

id., P. Cordova, 208:20-22 (Oct. 1, 2008) (Bernalillo); id., M. Varnum, 32:23-25 (Oct. 31, 2008) (Torrance). 

23 Tr., O. Clayton, 289:7-9 (Aug. 27, 2008) (Brevard). 

24 Id. at 289:8-9. 

25 Tr., J. Corral, 133:6-13 (Sept. 30, 2008) (Torrance). 

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 3. Identified Common Characteristics of Inmate Perpetrators of 

 Sexual Victimization 

 a. Bigger Stature or Build26 

 b. Past Victim of Sexual Assault27

 

 c. Experienced Repeat Offender28 

d. History of Acting Out or Engaging in Violence, Including Sexual Assault29

e. Creditor of Victim (Extortioner)30 

f. Desirous of Power or Control31 

g. More Verbal, Aggressive, Extroverted32 

h. Extremely Self-Confident33 

26 Tr., S. Garza-Romero, 126:16, 18 (Sept. 10, 2008) (Northwest Ohio); id., T. Parker, 153:8 (Northwest Ohio); id.,

J. Eddy, 247:12-16 (Sept. 11, 2008) (Southeastern Ohio); id., J. Tolson, 332:12 (Southeastern Ohio); id., R. Lucero, 

74:6 (Sept. 30, 2008) (Torrance); id., D. Peters 113:12 (Nov. 14, 2008) (Culpeper)..). 

27 Tr., O. Clayton, 252:6-8, 291:9-12 (Aug. 27, 2008) (Brevard); id., T. Clay, 44:19-20 (Sept. 10, 2008) (Northwest 

Ohio); id., P. Cordova, 228:17-18 (Oct. 1, 2008) (Bernalillo). 

28 Tr., S. Garza-Romero, 126:14-15 (Sept. 10, 2008) (Northwest Ohio); id., T. Parker, 152:18-21 (Northwest Ohio); 

id., R. Easterling, 116:10 (Sept. 11, 2008) (Southeastern Ohio); id., J. Tolson, 332:8-9 (Southeastern Ohio); id., A. 

Abeyta, 130:5-10 (Oct. 1, 2008) (Bernalillo); id., M. Varnum, 33:14-15 (Oct. 31, 2008) (Torrance); id., D. Peters 

115:3-6 (Nov. 14, 2008) (Culpeper).). 

29 Tr., S. Garza-Romero, 126:19, 21, 127:2-3 (Sept. 10, 2008) (Northwest Ohio); id., K. Valerio, 125:11-20 (Oct. 1, 

2008) (Bernalillo); id., A. Abeyta, 130:11-17 (Bernalillo); id., M. Varnum, 33:16-18 (Oct. 31, 2008) (Torrance). . 

30 Tr., J. Eddy, 247:14 (Sept. 11, 2008) (Southeastern Ohio); id., P. Cordova, 206:21-207:4 (Oct. 1, 2008) 

(Bernalillo). 

31 Tr., S. Hill, 47:13-17 (Sept. 10, 2008) (Northwest Ohio); id., T. Parker, 153:18-20 (Northwest Ohio); id., J. 

Tolson, 332:8 (Sept. 11, 2008) (Southeastern Ohio); id., K. Valerio, 125:16-20 (Oct. 1, 2008) (Bernalillo); id., D. 

Peters 113: 5 (Nov. 14, 2008) (Culpeper); id., V. Washington 113: 6-7 (Nov. 14, 2008). . 

32 Tr., O. Clayton, 291:13-16 (Aug. 27, 2008) (Brevard); id., S. Garza-Romero, 127:5 (Sept. 10, 2008) (Northwest 

Ohio); id., J. Tolson, 332:15-17 (Sept. 11, 2008) (Southeastern Ohio). 

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i. Manipulative, Knows Human Psychology34 

j. Serving Longer Term35 

k. Gang Affiliated36

l. Mentally Challenged37

4. Identified Common Characteristics of Staff Perpetrators of Jail Rape 

a. Low Self-Esteem, Insecure, Depressed38

b. Relational Problems At Home39

c. Financial Problems40

d. Knew Inmate Prior To Incarceration41

e. Desirous Of Power Or Control42

33 Tr., J. Corral, 74:6 (Sept. 30, 2008) (Torrance). 

34 Id. at 133:17-22. 

35 Tr., T. Parker, 152:18-22, 153:5-7 (Sept. 10, 2008) (Northwest Ohio); id., J. Corral, 74:5, 133:12-13 (Sept. 30, 

2008) (Torrance); id., K. Valerio, 125:12-13 (Oct. 1, 2008) (Bernalillo). 

36 Tr., J. Dodson, 13:4-17 (Aug. 27, 2008) (Brevard); id., T. Parker, 154:6-8 (Sept. 10, 2008) (Northwest Ohio); id.,

D. Sullivan, 281:21-22 (Northwest Ohio); id., J. Corral, 74:4-5, 75:2 (Sept. 30, 2008) (Torrance).

37 Tr., R. Easterling, 116:21-117:6 (Sept. 11, 2008) (Southeastern Ohio); id., J. Corral, 74:3-4 (Sept. 30, 2008) 

(Torrance); id., D. Peters 115:13-14 (Nov. 14, 2008) (Culpeper). 

38 Tr., J. Dodson, 29:17-18 (Aug. 27, 2008) (Brevard); id., S. Hill, 50:21 (Sept. 10, 2008) (Northwest Ohio); id., C. 

Kuntz, 130:4-5 (Northwest Ohio); id., R. Easterling, 133:1-4 (Sept. 11, 2008) (Southeastern Ohio); id., J. Corral, 

81:15-16 (Sept. 30, 2008) (Torrance); id., F. Maestas, 215:17-18, 20-21 (Oct. 1, 2008) (Bernalillo); id., M. Varnum, 

34:7 (Oct. 31, 2008) (Torrance). 

39 (Tr., J. Dodson, 29:17-18 (Aug. 27, 2008) (Brevard); id., O. Clayton, 290:1-5 (Brevard); id., S. Hill, 50:21 (Sept. 

10, 2008) (Northwest Ohio); id., R. Lucero, 81:20-21 (Sept. 30, 2008) (Torrance)). 

40 Tr., S. Hill, 50:21, 51:2-4 (Sept. 10, 2008) (Northwest Ohio); id., J. Corral, 81:16 (Sept. 30, 2008) (Torrance); id., 

F. Maestas, 215:22 (Oct. 1, 2008) (Bernalillo). 

41 Tr., J. Dodson, 22:2-10 (Aug. 27, 2008) (Brevard). 

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f. Too Involved with Inmate’s Case, Feels Sorry43

g. Romantically Attracted to Inmate (More Likely to be Female Officer)44

 

h. Previously Smuggled Contraband To Extorting Inmate “Victim”45

C. Common Characteristics of Jail Systems With High or Low Prevalence of 

 Sexual Assault 

1. Identified Characteristics Present In Jails With Low Prevalence of 

Sexual Victimization and Absent from One or More Jails with a 

High Prevalence of Sexual Victimization 

 After reviewing the documentary and testimonial evidence provided in connection with 

the Panel’s hearings, the Panel identified two characteristics that were common to Northwest 

Ohio and Culpeper, which were the jails with low prevalence rates of rape, and absent in one or 

more of the jails with a high prevalence of sexual victimization that participated in the hearings. 

While these factors were common to the low prevalence jails, they were not unique to them, in 

that they were also shared by one or more of the high prevalence jails as well. 

a. Jail administrator is demonstrably committed to prevention 

 of SA.46

b. Most high risk areas in the facility have adequate video 

 camera surveillance.47

42 Tr., C. Kuntz, 130:7-8 (Sept. 10, 2008) (Northwest Ohio); id., S. Garza-Romero, 131:2-3 (Northwest Ohio)). 

43 Tr., J. Dodson, 28:17-19 (Aug. 27, 2008) (Brevard); id., P. Cordova, 216:17-22 (Oct. 1, 2008) (Bernalillo)). 

44 Tr., J. Corral, 82:11 (Sept. 30, 2008) (Torrance); id., M. Varnum, 34:4-100 (Oct. 31, 2008) (Torrance); id., P. 

Cordova, 216:17-217:12 (Oct. 1, 2008) (Bernalillo). 

45 Tr., J. Dodson, 25:8-12 (Aug. 27, 2008) (Brevard); id., R. Lucero, 135:5-13 (Sept. 30, 2008) (Torrance); id., P. 

Cordova, 186:7-9, 14 (Oct. 1, 2008) (Bernalillo). 

46 Compare Tr., J. Dennis, 260:15-20 (Sept. 10, 2008) (Northwest Ohio); id., J. Branch, 9:2-22, 12:2-11 (Nov. 14, 

2008) (Culpeper), unsworn testimony, with id., R. Easterling & M. Zartman, 75:4-76:6 (Sept. 11, 2008) 

(Southeastern Ohio); id., J. Tolson, 273:4-6, 289:21-290:16 (Southeastern Ohio). 

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c. Jail medical staff have some training in diagnosing sexual 

 assault and obtaining evidence of it.48

The fact that the two jails with low prevalence rates of rape had only three 

characteristics in common argues for further study of the characteristics of such jails. Areas for 

further study may include the size of the jail (larger or multi-county regional versus smaller 

single-county), types of inmates confined to the jail (all offenders versus specialized ones), and 

location of the jail (urban versus rural setting). 

2. Identified Unique Characteristics of Jails With High Prevalence of 

Rape

 After reviewing the documentary and testimonial evidence provided in connection with 

the Panel’s hearings, the Panel identified twelve characteristics that were shared by at least two of 

those jails with a high prevalence of rape that participated in the hearings and absent in at least 

one of the jails with a low prevalence of rape: 

 a. Overcrowded;49

b. High rates of turnover among correctional officers;50

 c. Indirect supervision; too many idle inmates without 

 direct supervision;51

47 Compare Tr., J. Dennis, 267:14-286:19 (Sept. 10, 2008) (Northwest Ohio); id., D. Sullivan, 318:4-15 (Northwest 

Ohio); id., J. Jenkins, 140:13-18, 150:11-18, 151:10-15 (Nov. 14, 2008) (Culpeper); with id., G. Robertson, 208:4-5 

(Aug. 27, 2008) (Brevard). 

48 Tr., S. Garza-Romero 104:19-21 (Sept. 10, 2008) (Northwest Ohio); id., C. Lane 186:21-187:3 (Nov. 11, 2008) 

(Culpeper).

49 Compare Tr., G. Robertson, 183:21, 242:24-243:4 (Aug. 27, 2008) (Brevard); id., O. Clayton, 286:19 (Brevard); 

id., J. Ellis, 267:4-14 (Oct. 1, 2008) (Bernalillo), with id., J. Dennis, 275:18-277:4 (Sept. 10, 2008) (Northwest 

Ohio). 

50 Compare Tr., S. Jeter, 306:23-307:11 (Aug. 27, 2008) (Brevard); id., R. Easterling, 70:8-9 (Sept. 11, 2008) 

(Southeastern Ohio), with id., J. Dennis, 298:2-6 (Sept. 10, 2008) (Northwest Ohio); id., S. Hill, 334:12-335:2 

(Northwest Ohio); id., D. Brooks, 180:15 (Nov. 14, 2008) (Culpeper).

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d. Correctional officer in the master control unit is too busy to 

supervise and has too many pods to watch;52

 e. Do not screen for past SA (as victim or perpetrator) 

 when making housing assignments;53

 f. Do not ask about sexual orientation at intake;54

 g. Do not adequately train staff about PREA and SA 

 prevention, policy and consequences;55

 h. Do not train medical staff in how to preserve 

 evidence of SA;56

 i. Do not adequately train any staff in SA 

 investigation procedures;57

 j. Do not have sufficient video camera surveillance;58

51 Compare Tr., G. Robertson, 206:8-12 (Aug. 27, 2008) (Brevard); id., M. Zartman, 59:7-9 (Sept. 11, 2008) (Southeastern 

Ohio), with id., C. Eiden, 163:4-9 (Sept. 10, 2008) (Northwest Ohio). 

52 Compare Tr., G. Robertson, 206:8-12 (Aug. 27, 2008) (Brevard); id., M. Zartman, 59:7-9 (Sept. 11, 2008) 

(Southeastern Ohio), with id., C. Eiden, 163:4-9 (Sept. 10, 2008) (Northwest Ohio). 

53 Compare Tr., J. Eddy, 249:15-18 (Sept. 11, 2008) (Southeastern Ohio); id., A. Abeyta, 430:12-17 (Oct. 1, 2008) 

(Bernalillo), with id., C. Kuntz, 91:9-95:15 (Sept. 10, 2008) (Northwest Ohio); id., S. Garza-Romero, 103:17-104:3 

(Northwest Ohio). 

54 Compare Tr., R. Foster, 229:7, 9, 11, 235:25-236:2 (Aug. 27, 2008) (Brevard); id., M. Zartman, 118:8 (Sept. 11, 

2008) (Southeastern Ohio), with id., C. Kuntz, 92:2-6 (Sept. 10, 2008) (Northwest Ohio). 55 Compare Tr., M. Zartman, 11:10-11 (Sept. 11, 2008) (Southeastern Ohio); id., R. Lucero, 41:17- 42:20 (Sept. 30, 

2008) (Torrance), with id., J. Dennis, 261:8-14 (Sept. 10, 2008) (Northwest Ohio).

56 Compare Tr., L. Rhodes, 163:7 (Sept. 11, 2008) (Southeastern Ohio); id., B. Campbell, 181:19-182:8 (Sept. 30, 

2008) (Torrance); id., H. Perea, 293:18-295:6 (Oct. 1, 2008) (Bernalillo); id., C. Cook, 295:7-296:12 (Bernalillo), 

with id., S. Garza-Romero, 105:9-12 (Sept. 10, 2008) (Northwest Ohio); id., V. Washington & D. Peters, 90:1-6 

(Nov. 14, 2008) (Culpeper); id., C. Lane, 186:16-189:22 (Culpeper)]. 

57 Compare Tr., J. Tolson, 276:5 (Sept. 11, 2008) (Southeastern Ohio); id., J. Ellis, 298:6-9 (Oct. 1, 2008) 

(Bernalillo), with id., S. Hill, 8:8-9:8, 10:2-11:6 (Sept. 10, 2008) (Northwest Ohio); id., T. Clay, 12:6-21 (Northwest 

Ohio).

58 Compare Tr., G. Robertson, 208:4-5 (Aug. 27, 2008) (Brevard); id., R. Ezell, 25:8-10 (Sept. 30, 2008) (Torrance); 

id., J. Ibarra, 282:3-7 (Torrance), with id., J. Dennis, 267:14-286:19 (Sept. 10, 2008) (Northwest Ohio); id., D. 

Sullivan, 318:4-15 (Northwest Ohio); id., J. Jenkins, 169:1-15 (Nov. 14, 2008) (Culpeper). 

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k. Do not have adequate minimum standards for new 

 correctional officers;59 

l. Rarely refer alleged sexual assault cases to 

 prosecutor or outside investigator;60

m. Do not give new inmates written materials on preventing 

 and reporting SA;61 and 

n. Do not train volunteers about avoiding sexual 

 victimization.62

3. Identification of Additional Characteristics of Both Jails With High 

and With Low Prevalence of Sexual Victimization 

 In the preceding sections of this report, the Panel identifies (1) those characteristics that 

were true of the two jails with a low prevalence of sexual victimization but absent in one or more 

of the jails with a high prevalence of sexual victimization (see Section C.1. above), and (2) those 

characteristics that were absent in one or more of the “low prevalence” jails but true of at least 

two of the “high prevalence” jails (see Section C.2. above). 

 In this section, the Panel also identifies those characteristics that were shared by at least 

one “low prevalence” jail and at least one of the four “high prevalence” jails. The Panel believes 

it important to identify these common characteristics to emphasize that there may be a pivotal 

 

59 Compare Tr., R. Easterling, 67:16 (Sept. 11, 2008) (Southeastern Ohio); id., R. Ezell, 303:16-304:6 (Sept. 30, 

2008) (Torrance), with id., S. Hill, 29:22-30:20 (Sept. 10, 2008) (Northwest Ohio).

60 Compare Tr., J. Dodson, 126:11-17 (Aug. 27, 2008) (Brevard); id., R. Easterling, 40:11-17, 143:5-8 (Sept. 11, 

2008) (Southeastern Ohio); id., M. Zartman, 137:1-3 (Southeastern Ohio); id., C. Blue, 232:4-5, 8-13 (Sept. 30, 

2008) (Torrance); id., J. Ibarra, 252:21-253:9 (Torrance); id., M. Varnum, 47:3-8 (Oct. 31, 2008) (Torrance), with

id., J. Dennis, 301:11-17 (Sept. 10, 2008) (Northwest Ohio). 

61 Compare Tr., T. Clay, 22:7-10 (Sept. 10, 2008) (Northwest Ohio); id., D. Peters, 116:10-13 (Nov. 14, 2008) (Culpeper), 

with J. Aragon 212: 9-15 (Sept. 30, 2008) (Torrance); L. Rhodes 535:21-536:2 (Sept. 11, 2008) (SEOH).

62 Compare Tr. S. Hill 24:5-20 (September 10, 2008) (Northwest Ohio) with Tr. C. Lane 170:18-173:5; J. Jenkins 174:8-19

(Nov. 14, 2008) (Culpeper). E. Worsham 346:19 - 347:5 (October 1, 2008) (Bernalillo); R. Williams 161:21-162:4 (August 

28, 2008) (Brevard) 

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difference between policies on paper and how – or whether – those policies are actually 

implemented. Following some factors, the Panel suggests a more probative question that may 

explain how that factor can be true of both the “high” and “low” jails. 

 At least one of the “low prevalence” jails and at least one of the “high prevalence” jails:

 a. Prohibit pornography63

 b. Prohibit female COs from patting down male inmates64

 c. Require COs to work significant amounts of mandatory 

 overtime65

d. Have a phone “hotline” available to inmates66

- but do they inform inmates that it is for reporting SA 

 victimization67, not just “snitching” in general? Is the 

phone located in the cellblock and situated where a private 

call could be discreetly made without threat of reprisal? 

 e. Have adequate programming for inmates.68

 - but what percentage of the jail population can be occupied 

 constructively at one time? 

63 See, e.g., Tr., T. Parker, 187:18-20, 225:4-7 (Sept. 10, 2008) (Northwest Ohio); id., C. Eiden, 225:8, 12 

(Northwest Ohio); id., D. Peters, 91:8-10 (Nov. 14, 2008) (Culpeper); id., S. Jeter, 308:25 (Aug. 27, 2008) 

(Brevard); id., M. Zartman, 140:16-18 (Sept. 11, 2008) (Southeastern Ohio). 

64 See, e.g., Tr., T. Clay, 29:7-17 (Sept. 10, 2008) (Northwest Ohio); id., J. Dennis, 330:11-19 (Northwest Ohio); id., 

J. Eddy, 246:10-22 (Sept. 11, 2008) (Southeastern Ohio). 

65 See, e.g., Tr., V. Washington, 44:9-14 (Nov. 14, 2008) (Culpeper); id., J. Conrath, 193:1-14 (Sept. 11, 2008) 

(Southeastern Ohio); id., J. Corral, 130:13-132:7 (Sept. 30, 2008) (Torrance); id., P. Cordova, 243:3-7 (Oct. 1, 2008) 

(Bernalillo). 

66 See, e.g., Tr., T. Clay, 15:11-16:8 (Sept. 10, 2008) (Northwest Ohio); id., R. Lucero, 95:16-21 (Sept. 30, 2008) 

(Torrance); id., J. Corral, 96:7-17 (Torrance); id., M. Zartman, 105:1-10 (Sept. 11, 2008) (Southeastern Ohio)

(hotline added after Sexual Victimization Survey was administered). 

67 Tr., R. Lucero, 95:16-21 (Sept. 30, 2008) (Torrance); id., J. Corral, 96:7-17 (Torrance). 

68 See, e.g., Tr., S. Hill, 25:4-8, 36:21-37:5 (Sept. 10, 2008) (Northwest Ohio); id., S. Jeter, 325:17-326:25 (Aug. 27, 

2008) (Brevard); id., R. Easterling & M. Zartman, 102:13-103:9 (Sept. 11, 2008) (Southeastern Ohio); id., R. Ezell, 

32:2-33:6 (Sept. 30, 2008) (Torrance); id., J. Dantis, 9:21-11:16 (Oct. 1, 2008) (Bernalillo). 

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 f. Discuss staff discipline for staff-on-inmate sexual 

 misconduct with the remainder of staff69

 g. Do not give inmate a copy of his written grievance or 

 request form when he submits it (as proof thereof)70

 h. Do not provide medical staff with SANE (Sexual Assault 

 Nurse Examiner) training or rape kits71

 i. Upon intake, take several days to classify and separate 

 serious risk inmates from lower risk inmates72

 j. Have blind spots in common, such as dry storage room, 

 walk-in refrigerator and other areas in the kitchen;73

 janitorial supply closets;74 and showers, toilet stalls and 

 bathrooms with windowless doors.75

69 See, e.g., Tr., J. Dennis, 264:8-265:5 (Sept. 10, 2008) (Northwest Ohio); id., P. Cordova, 218:2-22 (Oct. 1, 2008) 

(Bernalillo). 

70 See, e.g., Tr., D. Peters, 17:12-18:15 (Nov. 14, 2008) (Culpeper); id., J. Dennis, 315:9-15 (Sept. 10, 

2008)(Northwest Ohio); id., R. Easterling, 112:6-14, 113:15-114:5 (Sept. 11, 2008) (Southeastern Ohio); id., J. 

Corral, 102:2-9 (Sept. 30, 2008) (Torrance). 

71 See, e.g., Tr., J. Jenkins, 189:7-14, (Nov. 14, 2008) (Culpeper); id., S. Jeter, 313:11-13 (Aug. 27, 2008) (Brevard); 

id., L. Rhodes, 160:9-161:2 (Sept. 11, 2008) (Southeastern Ohio); id., B. Campbell, 180:13-16 (Sept. 30, 2008) 

(Torrance); id., K. Valerio, 83:18-84:4 (Oct. 1, 2008) (Bernalillo). 

72 See, e.g., Tr., C. Kuntz, 97:21-100:6 (Sept. 10, 2008) (Northwest Ohio); id., V. Washington, 105:10-106:1 (Nov. 

14, 2008) (Culpeper)(no classification for purposes of housing assignment); id., A. Abeyta, 96:1-6 (Oct. 1, 2008) 

(Bernalillo). 

73 See, e.g., Tr., T. Clay, 58:18-21 (Sept. 10, 2008) (Northwest Ohio); id., R. Easterling, 77:21 (Sept. 11, 2008) 

(Southeastern Ohio); id., J. Conrath, 173:16-19 (Southeastern Ohio); id., J. Tolson, 339:15-16 (Southeastern Ohio). 

74 See, e.g., Tr., T. Parker, 155:15 (Sept. 10, 2008) (Northwest Ohio); id., R. Easterling, 77:21 (Sept. 11, 2008) 

(Southeastern Ohio); id., P. Cordova, 224:17, 248:3 (Oct. 1, 2008) (Bernalillo); id., M. Varnum, 38:5-6 (Oct. 31, 

2008) (Torrance). 

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 The Panel toured and held hearings on two regional jails in Ohio, one whose surveyed 

inmates stated that they had experienced no sexual assaults (Northwest Ohio) and one where 

they reported a high prevalence of sexual victimization (Southeastern Ohio). This afforded the 

Panel a more common denominator for purposes of making the following comparison and 

contrast in the features associated with apparent success or failure in deterring sexual assault. 

 For each of the following, the first feature was true of the Northwest Ohio facility and the 

second true of the Southeastern Ohio jail: 

a. Direct versus indirect supervision;76

b. Some versus a lot of mandatory overtime for correctional 

 officers;77

c. No double occupancy versus double cells;78

d. Strip searches on camera from waist up versus no video 

 surveillance of strip searches;79

e. Posters on sexual assault versus no posters;80

75 See, e.g., Tr., T. Clay, 58:1-3 (Sept. 10, 2008) (Northwest Ohio); id., R. Easterling, 52:16-18 (Sept. 11, 2008) 

(Southeastern Ohio); id., J. Conrath, 173:12-13 (Southeastern Ohio). 

76 See, e.g., Tr., S. Hill, 23:16-19 (Sept. 10, 2008) (Northwest Ohio); id., C. Eiden, 163:5-9 (Northwest Ohio); id., R. 

Easterling, 59:13 (Sept. 11, 2008) (Southeastern Ohio). 

77 See, e.g., Tr., C. Eiden, 196:18 (Sept. 10, 2008) (Northwest Ohio); id., T. Parker, 196:21 (Northwest Ohio); id., J. 

Conrath, 193:9-14 (Sept. 11, 2008) (Southeastern Ohio); id., J. Eddy, 254:14-255:4, 255:7-8 (Southeastern Ohio). 

78 See, e.g., Tr., J. Dennis, 275:18-277:4 (Sept. 10, 2008) (Northwest Ohio); id., R. Easterling, 58:11-13, 60:10-15, 

90:16-22 (Sept. 11, 2008) (Southeastern Ohio). 

79 See, e.g., Tr., J. Dennis, 318:17-22, 319:14-17 (Sept. 10, 2008) (Northwest Ohio); id., R. Easterling, 77:21-22, 

80:13-81:9 (Sept. 11, 2008) (Southeastern Ohio). 

80 See, e.g., Tr., S. Hill, 23:10-11 (Sept. 10, 2008) (Northwest Ohio); id., J. Tolson, 323:10-15 (Sept. 11, 2008) 

(Southeastern Ohio). 

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f. Show inmates video on SA at intake and daily on television 

 versus no video training;81

g. Health screening is done by nurse versus by correctional 

 officer;82

h. Large number of programs for inmates versus few;83

i. Updated PREA policy versus no PREA policy;84

j. PREA coordinator versus no PREA coordinator;85 and 

j. Phone hotline versus no phone.86

In contrast, the two Ohio facilities had at least two common characteristics: 

a. same blind spots - - dry storage room in kitchen; transport 

 to and from facility;87 and 

b. both prohibit pornography.88

81 See, e.g., Tr., T. Clay, 22:11-12, 21-22 (Sept. 10, 2008) (Northwest Ohio); id., L. Rhodes & J. Conrath, 196:7-12 

(Sept. 11, 2008) (Southeastern Ohio). 

82 See, e.g., Tr., S. Garza-Romero, 103:2-4 (Sept. 10, 2008) (Northwest Ohio); id., R. Easterling, 38:1-3 (Sept. 11, 

2008) (Southeastern Ohio); id., L. Rhodes, 153:10-17 (Southeastern Ohio). 

83 See, e.g., Tr., S. Hill, 25:4-8, 36:21-22 (Sept. 10, 2008) (Northwest Ohio); id., J. Dennis, 270:7-8 (Northwest 

Ohio); id., R. Easterling, 103-104 (Sept. 11, 2008) (Southeastern Ohio). 

84 See, e.g., Tr., J. Steingass, 177:15-18 (Sept. 10, 2008) (Northwest Ohio); id., T. Parker, 177:19-178:1 (Northwest 

Ohio); id., J. Tolson, 318:6, 8-11, 319:17-320:7 (Sept. 11, 2008) (Southeastern Ohio). 

85 See, e.g., Tr., J. Dennis, 260:15-20 (Sept. 10, 2008) (Northwest Ohio); id., J. Conrath, 191:8 (Sept. 11, 2008) 

(Southeastern Ohio); id., J. Tolson, 318:6, 8-11 (Sept. 11, 2008) (Southeastern Ohio). 

86 See, e.g., Tr., T. Clay, 16:2-3 (Sept. 10, 2008) (Northwest Ohio); id., M. Zartman, 105:1-10 (Sept. 11, 2008, 

Southeastern Ohio) (hotline only added after Sexual Victimization Survey was administered). 

87 See, e.g., Tr., T. Clay, 60:19 (Sept. 10, 2008) (Northwest Ohio); id., S. Hill, 61:19 (Northwest Ohio); id., M. 

Zartman, 82:5, 139:5, 8-9 (Sept. 11, 2008) (Southeastern Ohio); id., J. Tolson, 318:6, 8-11 (Southeastern Ohio). 

88 See, e.g., Tr., T. Parker, 187:18-20, 225:4-7 (Sept. 10, 2008) (Northwest Ohio); id., C. Eiden, 225:8, 12 

(Northwest Ohio); id., M. Zartman, 140:16-18 (Sept. 11, 2008) (Southeastern Ohio). 

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IV. Best Practices to Lessen the Risk of Rape in U.S. Jails

 The publication of the preceding findings based on the Panel’s public hearings and 

document review (sections III.A. – C.) completes this Panel’s responsibility under PREA with 

respect to jails. The Panel’s findings, together with its suggested best practices below, will be 

considered by BJS as well as the National Prison Rape Elimination Commission. In the Prison 

Rape Elimination Act, Congress gave to the Commission the exclusive responsibility of 

recommending to the Attorney General and to the Secretary of Health and Human Services 

national standards for detecting, preventing, reducing, and punishing rape in correctional 

facilities. 89 The Commission will propose national standards in early 2009. Under PREA, 

however, the Commission may not “propose a recommended standard that would impose 

substantial additional costs on Federal, state, or local prison authorities.”90 The Attorney 

General then will have one year to publish a final rule adopting national standards.91 

 To assist the Commission in formulating those standards, the Chair of the Commission, 

the Honorable Reggie Walton, asked the Panel to provide the Commission with a report that 

would include findings of “best practices” in correctional facilities, based on the Panel’s public 

hearings, site inspections, and review of documents. Accordingly, the Panel offers the following 

findings on best practices, which PREA authorizes the Panel to do, based on a) the Panel’s 

express mandate in PREA92; b) Congress’ statutory purposes for PREA93; and c) the way it 

89 42 U.S.C. § 15606(e)(1). 

90 42 U.S.C. § 15606(e)(3). 

91 42 U.S.C. § 15607(a)(1). 

92 PREA directs this Panel to carry out public hearings “to collect evidence to aid in . . . the identification of 

common characteristics of prisons and prison systems with a high incidence” and a low incidence of sexual assault. 

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allocated duties among BJS, this Panel, the Commission, and the Attorney General.94

 Therefore, the Panel identifies for the Commission, for BJS, and for correctional 

administrators and policymakers the following list of best practices from the Panel’s eight days 

of hearings involving seven jails, thousands of pages of documents, and sixty-two fact witnesses. 

 If implemented, the Panel believes these practices would reduce the incidence of sexual 

assault as well as protect the jail and its correctional staff against false allegations. For example, 

when an inmate claims that an officer sexually assaulted him or her in a cell, if a jail has installed 

video cameras and it archives the digital recordings, it will have convincing evidence to prove or 

disprove whether the accused officer was ever in the area of the cell at the time and place in 

question. Similarly, when an inmate presents a grievance or requests a medical appointment, jail 

staff should routinely give the inmate a dated copy thereof; this will discourage false allegations 

that an alleged rape victim notified an officer to no avail, because if the complaining inmate 

cannot produce a copy of his note, it suggests that the inmate never tried to report the alleged 

assault. 

42 U.S.C. § 15603(b)(3)(A). The Panel fulfills this mandate not only by listing those characteristics common to the 

high- and low-incidence jails, but also by distilling those features into “best practices” based on those listings. 

93 The Commission’s request for “best practices” from the Panel comports with the purposes of Congress for PREA, 

including to “establish a zero-tolerance standard for the incidence of prison [and jail] rape”, to “make the prevention 

of prison rape a top priority in each prison system”, to “develop and implement national standards”, to “increase the 

available data and information on the incidence of prison rape” with an eye toward “improving the management and 

administration of correctional facilities”, to “increase the accountability of prison officials”, to “protect the Eighth 

Amendment rights of Federal, State, and local prisoners”, to “increase the efficiency and effectiveness of Federal 

expenditures”, and to “reduce the costs that prison [and jail] rape imposes on interstate commerce.” 42 U.S.C. § 

15602. The Panel offers these “best practices” in furtherance of any and all of these congressional purposes. 

94 Congress made the Panel the exclusive conduit between the BJS national inmate survey and the Commission. 

The BJS survey of jail inmates was the first in the nation’s history and cost taxpayers a considerable sum. If the 

survey is to be distilled into policy, the correctional facilities that apparently are among the “highest” and “lowest” 

performers must be identified, inspected, and scrutinized in public hearings. The only body Congress invested with 

such authority and mandate is this Panel. If the inmate survey is to inform Congress and the national standards 

ultimately adopted by the Attorney General, it must be digested by this Panel in sworn public testimony. Section IV 

of this report is the Panel’s effort to do this for the Commission and for jail administrators nationwide. 

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 The logical starting point for best practices are the three factors listed on page 12, 

supra at section C.1., which enumerate the differences between both of the low incidence jails 

and some or all of the high incidence facilities: 

a. Jail administrator is demonstrably committed to prevention of SA95

 

b. Most high risk areas in the facility have adequate video camera 

 surveillance.96

 c. Jail medical staff have some training in diagnosing sexual 

 assault and obtaining evidence of it.97

In addition to these key contrasts between the high- and low-incidence jails, the Panel 

distilled the following “best practices”: 

1. Training of Staff and Inmates 

a. Adopt a policy and procedure for preventing, reporting, 

investigating, and prosecuting sexual assault by either inmates or 

staff.98 Ensure compliance with PREA standards. 

b. Appoint a PREA Coordinator who will be accountable for the 

training of staff and new inmates in PREA and the facility’s zero 

tolerance policy on sexual assault.99

c. Ensure that the management of the jail (beginning with the jail 

administrator) believes that sexual assault - - both inmate-oninmate and staff-on-inmate - - can and will occur in their facilities 

95 Compare Tr., J. Dennis, 260:15-20 (Sept. 10, 2008) (Northwest Ohio); id., J. Branch, 9:2-22, 12:2-11, D. Brooks 

175:13-176:14 (Nov. 14, 2008) (Culpeper) with id., R. Easterling & M. Zartman, 75:4-76:6 (Sept. 11, 2008) 

(Southeastern Ohio); id., J. Tolson, 273:4-6, 289:21-290:16 (Southeastern Ohio). 

96 Compare Tr., J. Dennis, 267:14-286:19 (Sept. 10, 2008) (Northwest Ohio); id., D. Sullivan, 318:4-15 (Northwest 

Ohio); id., J. Jenkins, 140:13-18, 150:11-18, 151:10-15 (Nov. 14, 2008) (Culpeper); id., G. Robertson, 208:4-5 

(Aug. 27, 2008) (Brevard). 

97 Tr., S. Garza-Romero 104:19-21 (Sept. 10, 2008) (Northwest Ohio); id., C. Lane 186:21-187:3 (Nov. 11, 2008) (Culpeper). 

98 Cf. Tr., J. Tolson, 318:6, 8-11, 319:17-320:7 (Sept. 11, 2008) (Southeastern Ohio). 

99 Tr., J. Dennis, 260:15-20 (Sept. 10, 2008) (Northwest Ohio). 

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unless they make prevention a high and unequivocal priority. The 

jail administrator must convincingly demonstrate to staff and 

inmate alike that zero tolerance is not just aspirational but is 

literally the policy and practice of that jail. This would be 

conveyed if the jail administrator appoints herself the PREA 

coordinator100 and/or teaches the PREA policy to staff and new 

inmates.101

d. Provide more and better training of jail staff in the requirements of 

PREA, the physical and emotional evidence of rape, and the jail’s 

sexual assault policies, and require that staff perform satisfactorily 

in testing of same, with meaningful career consequences for those 

who repeatedly fail such testing.102 The latter may require 

negotiation with staff labor unions. 

e. Make PREA training - - if not completion of the training academy 

- - a prerequisite before a new officer can start working in the 

jail.103

f. Train staff how childhood abuse, sexual abuse, and other trauma 

uniquely affect and surface among men and women inmates.104

 g. Educate new inmates on the facility’s PREA policy: that the jail 

strictly enforces a zero tolerance policy105; that explains what 

constitutes illegal conduct and the fact that it is a prosecutable 

crime,106 regardless of “consent.” Show a video (especially 

helpful for illiterate inmates)107 and give each new inmate a 

handbook or other written material to keep.108 Point out the high100 Id. at 260:17-20). 

101 Id. at 261:8-14 (Sept. 10, 2008) (Northwest Ohio); id., R. Ezell, 27:2-5 (Sept. 30, 2008) (Torrance). 

102 Tr., J. Dennis, 261:8-14 (Sept. 10, 2008) (Northwest Ohio). See n. 63, supra. 

103 Cf. Tr., J. Conrath, 521:18-522:14 (Sept. 11, 2008) (Southeastern Ohio); id., S. Hill 30:16-19 (Sept. 10, 2008) (Northwest 

Ohio); id., J. Jenkins and C. Lane 155:4-11 (Nov. 14, 2008)(Culpeper). But see R. Torres 24: 13-14 (October 1, 2008) 

(Bernalillo)(pre-service training mandatory for new recruits).

104 Tr., S. Hill, 34:10-16 (Sept. 10, 2008) (Northwest Ohio). 

105 Cf. Tr., J. Tolson, 341:3-7 (Sept. 11, 2008) (Southeastern Ohio). 

106 Cf. Tr., R. Lucero, 95:16-17 (Sept. 30, 2008) (Torrance); id., J. Corral, 95:18 (Torrance). 

107 Tr., J. Dennis, 332:11-12 (Sept. 10, 2008) (Northwest Ohio). 

108 Tr., T. Clay, 22:7-12 (Sept. 10, 2008) (Northwest Ohio). 

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risk areas and times in the facility and how to avoid sexual 

victimization. Implement a peer training program in which 

appropriately-selected and -trained inmates teach new inmates 

about how to avoid sexual victimization in that facility and how to 

report threats and assaults. Repeat the PREA video on the jail 

television network regularly in all cellblocks. 

h. In dayrooms and hallways, prominently install bi-lingual posters 

that clearly state that sexual misconduct is illegal and that lists the 

confidential means (including a phone hotline)109 by which it may 

be reported to authorities. 

 i. Include contractors and volunteers in PREA staff training.110

2. Classification 

a. When making inmate housing assignments, staff should determine 

and consider, among other factors, the risk of sexual predation or 

victimization of the inmate. To do this, staff must use a risk 

assessment instrument that includes questions relevant to the 

characteristics of potential perpetrators and victims, including 

sexual orientation. See lists in section II.B., supra at pp. 4 - 9. If 

the risk assessment instrument were entered by computer at the 

time of intake, it would be relatively simple to develop software 

that would flag those factors of a new inmate which would make 

him or her a higher risk of becoming a sexual victim or predator if 

assigned to a particular proposed cellmate. 

b. Whenever possible, interview new inmates privately when 

assessing them for classification, job assignments, and housing 

assignments. Inmates must be assured of confidentiality so they 

will be more open to discussing sexual orientation, whether they 

were a victim of sexual assault in the past, and the like. Such 

questions should be included in an assessment tool. Train staff in 

administering this tool. 

c. Do not mix in the same cell violent and non-violent pre-trial 

detainees.111 Therefore, until a new inmate is risk-assessed, and as 

funding permits, he or she must be single-celled.112

109 Cf. Tr., J. Tolson, 343:3-5 (Sept. 11, 2008) (Southeastern Ohio); id., R. Lucero, 95:16-17 (Sept. 30, 2008) 

(Torrance); id., J. Corral, 95:18 (Sept. 30, 2008) (Torrance). 

110 Tr., S. Hill, 24:5-20 (Sept. 10, 2008) (Northwest Ohio). 

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3. Surveillance 

a. At the beginning of each shift, identify high-risk predators or 

victims to correctional officers in housing units and control rooms 

by coded abbreviation next to the inmate’s name, so that officers 

can be alerted to the risk. 

 b. Video Surveillance. As funding permits: 

1) Install camera with 360-degree “fish eye” lens in middle of 

 ceiling above dormitory-style, bunk-bed cellblocks. 

2) Install several secret cameras in locations known only to 

select supervisors, but announce to staff and inmates the 

fact of their existence. Even if not monitored continuously, 

this will have a preventive effect beyond the actual scope of 

the cameras’ views. 

3) Have staff monitor video cameras, at least periodically. Do 

not depend on the officer or officers in the control unit to 

be the sole monitor of the video displays. 

4) Ensure that video cameras are recording 24 hours per day 

and that the “tapes” are archived for at least 90 days, in the 

event that an assault is alleged in the recorded area. 

 

c. Identify and map “blind spots” where sexual assault is a higher 

risk: e.g., “change out” room in booking;113 dry storage room, 

walk-in refrigerator and other areas in the kitchen;114 janitorial 

supply closets;115 showers, toilet stalls and doored bathrooms;116

behind stairwells;117 medical lab and exam rooms;118 cells of 

111 Tr., M. Zartman, 61:21-62:21 (Sept. 11, 2008) (Southeastern). 

112 Tr., A. Abeyta, 96:1-6 (Oct. 1, 2008) (Bernalillo). 

113 Tr., R. Easterling, 77:21-22, 78:11-12 (Sept. 11, 2008) (Southeastern Ohio); id., J. Eddy, 233:8-9 (Southeastern 

Ohio). 

114 Tr., T. Clay, 58:18-21 (Sept. 10, 2008) (Northwest Ohio); id., R. Easterling, 77:21 (Sept. 11, 2008) (Southeastern 

Ohio); id., J. Conrath, 173:16-19 (Southeastern Ohio); id., J. Tolson, 339:15-16 (Southeastern Ohio). 

115 Tr., T. Parker, 155:15 (Sept. 10, 2008) (Northwest Ohio); id., R. Easterling, 77:21 (Sept. 11, 2008) (Southeastern 

Ohio); id., P. Cordova, 224:17, 248:3 (Oct. 1, 2008) (Bernalillo); id., M. Varnum, 38:5-6 (Oct. 31, 2008) (Torrance). 

116 Tr., T. Clay, 58:1-3 (Sept. 10, 2008) (Northwest Ohio); id., R. Easterling, 52:16-18 (Sept. 11, 2008) 

(Southeastern Ohio); id., J. Conrath, 173:12-13 (Southeastern Ohio). 

117 (Tr., M. Varnum, 37:21-23 (Oct. 31, 2008) (Torrance). 

118 Tr., T. Clay, 60:15-16 (Sept. 10, 2008) (Northwest Ohio); id., J. Steingass, 205:3 (Northwest Ohio). 

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inmates who are high risk of being victims or predators;119

classrooms; laundry;120 library;121 etc. For those higher-risk areas: 

1) Deploy correctional officers accordingly; 

2) Install more video cameras in “blind spots, cognizant of 

privacy concerns122;” 

3) Hard-wire lights so they remain “on” and cannot be turned 

 off.123

 

 d. During general population time, cell doors should remain open124

 and inmates should be prohibited from entering any but their own 

 cell. 

 

e. Except in emergencies and to the extent permissible by 

employment law, limit those who participate in or observe strip 

searches of inmates to correctional officers of the same sex as the 

inmate. Except in emergencies or upon reasonable suspicion of 

contraband and to the extent permissible by employment law, 

prohibit cross-gender patdowns (e.g., female inmates by male 

officers). 

f. As much as possible and to the extent permissible by employment 

law, ensure that correctional officers assigned to floor roving 

during shower times or assigned to the floor of the housing units 

during night shifts are of the same sex as the inmates in that unit. 

g. In future construction, utilize better jail designs to minimize blind 

spots (i.e., better lines of sight into cells and showers). 

 h. Place staff offices inside housing units, so staff are more present 

 and familiar with their inmates and the environment. 

119 Tr., R. Easterling, 77:19-20 (Sept. 11, 2008) (Southeastern Ohio); id., M. Varnum, 38:6-12 (Oct. 31, 2008) 

(Torrance).

120 Tr., J. Conrath, 173:21-22 (Sept. 11, 2008) (Southeastern Ohio). 

121 Tr., T. Parker, 155:12-14 (Sept. 10, 2008) (Northwest Ohio). 

122 For example, a shower stall can have a curtain that reveals feet and head but provides appropriate privacy. 

123 Tr., S. Hill, 57:6 (Sept. 10, 2008) (Northwest Ohio). 

124 Tr., M. Zartman, 25:7-10, 20, 22 (Sept. 11, 2008) (Southeastern Ohio); id., J. VanBibber, 214:15-215:7 

(Southeastern Ohio). 

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i. Install windows in doors and walls that conceal high-risk areas 

(dry storage room, janitorial supply closets, medical lab and exam 

rooms,125 etc.). 

j. Remove blinds from windows. Where privacy is required (e.g., 

medical exam), leave door slightly open, have a correctional 

officer present in the room, and use a screen that blocks genitalia 

but reveals feet. 

4. Reporting 

a. Ensure that inmates know that they may report threats or 

occurrences of sexual assault – either inmate-on-inmate or staffon-inmate – to any staff member, contractor or volunteer, not just 

the correctional officers or shift supervisor in their housing unit. 

b. Establish an effective system for tracking victim complaints or 

inmate grievances; e.g., when an inmate hands to a staff member a 

medical request or grievance, have the receiving officer initial it 

and record the date and time, and then give the inmate a carbon 

copy immediately, even before management responds to it, lest it 

be “lost” in the system.126 This policy will protect staff against 

false allegations that the alleged victim repeatedly tried to report a 

sexual assault, if the accuser cannot produce his or her receipted 

copy of any such grievance or request form. 

c. Establish a telephone hotline whereby inmates can report threats 

and sexual victimization confidentially, discretely, and directly to 

the office of the prosecutor or the facility’s investigator.127 

Explain in conspicuous posters and in the orientation video on 

sexual assault that it is a crime that will be referred for prosecution 

and that the phone tip-line is for rape victims, among others.128

d. Locate on a site map where sexual assaults have occurred or may 

occur in the facility and deploy correctional staff accordingly. 

125 Tr., J. Corral, 70:18 (Sept. 30, 2008) (Torrance). 

126 Tr., R. Foster, 170:15-20 (Aug. 27, 2008) (Brevard); cf. id., R. Easterling, 112:6-14, 113:15-114:5 (Sept. 11, 

2008) (Southeastern Ohio); id., J. Corral, 102:2-9 (Sept. 30, 2008) (Torrance). 

127 Tr., T. Clay, 15:11-16:8 (Sept. 10, 2008) (Northwest Ohio); id., M. Zartman, 105:1-10 (Sept. 11, 2008) 

(Southeastern Ohio) (hotline added after Sexual Victimization Survey was administered); id., R. Lucero, 95:16-21 

(Sept. 30, 2008) (Torrance); id., J. Corral, 96:7-17 (Torrance). 

128 Cf. Tr., R. Lucero, 95:16-21 (Sept. 30, 2008) (Torrance); id., J. Corral, 96:7-17 (Torrance). 

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 e. In the absence of a telephonic hotline, allow inmates to request to 

 speak with non-family outsiders (e.g., clergy, facility 

 investigator) outside the presence of the accused predator.129

 f. Install two-way intercom in cells, permitting inmate to call and 

 allowing officers to eavesdrop.130

 

g. Establish close control and supervision over staff who have access 

to remote, higher-risk areas (e.g., laundry, commissary, 

classroom), including strict accounting of who checks out keys to 

those less-supervised areas. An electronic control box for 

distribution and tracking of keys is desirable.131

 h. Encourage the jail administrator and senior management to be 

 available to inmates for conversation at one meal per day. 

i. The jail administrator should inform staff that failure to report 

sexual assault or staff sexual misconduct is grounds for discharge. 

5. Investigation 

 a. Designate and train Sexual Assault Response Team on staff.132

 b. Train medical staff in forensic procedure to preserve evidence of 

 reported sexual assault. 

 c. Have independent (i.e., not part of the jail) investigators conduct or 

 at least oversee any investigation of sexual victimization. 

 d. Partner with rape crisis center or other outside victim services 

 agency, so rape victim can receive timely help.133

129 Cf. Tr., J. Tolson, 343:15-19 (Sept. 11, 2008) (Southeastern Ohio). 

130 Tr., R. Lucero 151:2-6, 151:14-17, 150:20, 151:1 (Sept. 30, 2008) (Torrance); id., F. Maestas, 205:11-15, 206:3 

(Oct. 1, 2008) (Bernalillo). 

131 Tr., S. Hill, 56:10-11 (Sept. 10, 2008) (Northwest Ohio). 

132 Cf. Tr., B. Campbell, 185:4-9 (Sept. 30, 2008) (Torrance). 

133 Tr., S. Hill, 38:1-3 (Sept. 10, 2008) (Northwest Ohio); cf. id., B. Campbell, 185:4-9 (Sept. 30, 2008) (Torrance). 

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6. Prosecution 

a. The jail administrator should communicate and meet regularly 

with county prosecutor, so as to develop cooperative rapport 

between offices and to understand prosecutor’s priorities and what 

minimum evidence he/she needs to bring cases of staff-on-inmate 

and inmate-on-inmate sexual victimization.134

 b. Refer staff-on-inmate sexual misconduct to the prosecutor, even if 

 the accused staff or contractor has already resigned.135

 c. Refer for and urge prosecution of any sexual assault, regardless 

 whether it did or did not appear “consensual.”136

d. Publicize among staff any case of staff sexual misconduct and its 

negative consequences (dismissal, felony prosecution). 

Applicable privacy law may require that the jail administrator omit 

the name or other identifying information about the disciplined 

staff member. 

7. Relevant Policies and Practices 

 The Panel observed the not-surprising phenomenon that jails often suffer 

from inadequate funding, which can have adverse effects in many areas of 

security and safety, for inmates and staff alike. The following recommendations 

obviously are subject to the availability of adequate funding: 

a. Except in emergencies, do not routinely require mandatory 

overtime for correctional officers. Ensure that officers, especially 

those who often volunteer for overtime, do not establish a pattern 

of working in the same location in the jail. 

b. When seeking their Board’s approval of PREA policy or budget 

items necessary to reduce the risk of sexual victimization, multicounty or multi-jurisdictional regional jails may have difficulty 

getting a quorum at Board meetings and/or getting Board 

representatives with sufficient authority and corrections 

experience. Therefore, such jails should consider processes for 

134 Cf. Tr., J. Dennis, 304:1-8 (Sept. 10, 2008) (Northwest Ohio). 

135 Cf. Tr., R. Easterling, 40:11-17 (Sept. 11, 2008) (Southeastern Ohio); id., M. Zartman, 137:1-3 (Southeastern 

Ohio); id., J. Ibarra, 252:21-253:9 (Sept. 30, 2008) (Torrance). 

136 Cf. Tr., R. Easterling, 143:5-8 (Sept. 11, 2008) (Southeastern Ohio). 

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more efficient approval of policy. For example, a multi-county 

facility might lower the quorum requirement and allow adoption of 

policy on the basis of an affirmative vote of a majority of those 

Board members in attendance. 

c. Subject to negotiation in collective bargaining agreements, provide 

jail administrators with greater flexibility in shift arrangements 

(e.g., permit shorter shifts, such as 10- to 12-hour shifts instead of 

16-hour shifts). 

 d. Maintain adequate numbers of correctional officers.137

 e. Offer higher pay and/or better benefits to jail staff so as to attract 

 better recruits and retain experienced staff. 

 f. Further enhance the careers of correctional officers by certifying 

 them to be law enforcement officers. (This may not be possible for 

 privately-owned facilities.) 

 g. Enforce a policy strictly prohibiting a staff member from being 

 alone with an inmate during a medical exam.138

 h. Replace inmate idleness with work and programming (vocational, 

 educational, chemical dependency therapy, etc.).139

i. Reduce jail overcrowding.140 This may require more money, 

faster adjudication of pre-trial detainees, and/or amendment of 

sentencing guidelines. Otherwise, an overcrowded jail will 

inevitably divert staff from programming to supervision. 

 

137 The jails with the highest reported incidence of sexual victimization were seriously understaffed. (Tr., R. 

Easterling, 33:11-12, 14-15, 54:21-22 (Sept. 11, 2008) (Southeastern Ohio); id., M. Zartman, 100:4-11, 13-14 

(Southeastern Ohio); id., J. Eddy, 234:10-11 (Southeastern Ohio); id., R. Lucero, 132:6-7, 9, 12-13 (Sept. 30, 2008) 

(Torrance); id., R. Ezell, 306:14-15 (Torrance); id., R. Torres, 21:6-7 (Oct. 1, 2008) (Bernalillo). However, one of 

the “low incidence” jails was at or nearly fully-staffed. (Tr., T. Parker, 197:16-19 (Sept. 10, 2008) (Northwest 

Ohio). 

138 Tr., L. Rhodes, 156:17-18, 157:20, 158:1, 4 (Sept. 11, 2008) (Southeastern Ohio)). 

139 Tr., S. Hill, 25:4-8, 36:21-37:5 (Sept. 10, 2008) (Northwest Ohio); id., S. Jeter, 325:17-326:25 (Aug. 27, 2008) 

(Brevard); id., R. Easterling & M. Zartman, 102:13-103:9 (Sept. 11, 2008) (Southeastern Ohio); id., R. Ezell, 32:2-

33:6 (Sept. 30, 2008) (Torrance); id., J. Dantis, 9:21-11:16 (Oct. 1, 2008) (Bernalillo). 

140 Tr., G. Robertson, 183:21, 242:24-243:4 (Aug. 27, 2008) (Brevard); id., O. Clayton, 286:19 (Brevard); J. Dennis, 

275:18-277:4 (Sept. 10, 2008) (Northwest Ohio)). 

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Page 30 of 30 

eds. 

 

j. Ban pornography (hard- and “soft”-core) among inmates, 

especially those who have a history of sexual assault or are 

assessed as higher risks of becoming sexual predators.141

k. As much as practicable without compromising their safety, 

provide sexual assault victims or those at higher risk of assault 

with safe housing in a “safekeeping” cellblock but with the same 

programming and privileges as general population (i.e., protect the 

victim without penalizing him or her for reporting). 

l. Make available more beds in administrative segregation, 

safekeeping, close custody, and other areas for inmates assessed to 

be at higher risk of being sexual victims, e.g. sex offenders142 and 

inmates with mental illness or mental disability.143 Again this 

may require additional staffing and b

m. Segregate transgendered inmates and, subject to staffing 

limitations, provide them with enhanced security but with the 

same programming and privileges of general population inmates. 

 n. Maintain single cells and/or dormitory-style bunking, avoiding 

 double cells.144

141 See, e.g., Tr., T. Parker, 187:18-20, 225:4-7 (Sept. 10, 2008) (Northwest Ohio); id., C. Eiden, 225:8, 12 

(Northwest Ohio); id., D. Peters, 91:8-10 (Nov. 14, 2008) (Culpeper); id., S. Jeter, 308:25 (Aug. 27, 2008) 

(Brevard); id., M. Zartman, 140:16-18 (Sept. 11, 2008) (Southeastern Ohio). 

142 Cf. Tr., R. Easterling, 96:5-9 (Sept. 11, 2008) (Southeastern Ohio). 

143 Tr., R. Easterling, 124:17-20 (Sept. 11, 2008) (Southeastern Ohio); id., M. Zartman, 124:21-22 (Southeastern 

Ohio); cf. id., S. Garza-Romero, 142:14-15, 17-18 (Sept. 10, 2008) (Northwest Ohio)). 

144 Tr., J. Dennis, 275:21-276:3 (Sept. 10, 2008) (Northwest Ohio)).