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abuse that have occurred at the facility.
Policy further requires that any sanctions imposed be commensurate with the
nature and circumstances of the abuse, the resident’s disciplinary history, and
sanctions imposed for comparable offenses. The policy also requires consideration
of mental disabilities or mental illness in determining appropriate disciplinary
outcomes. The Director confirmed that these factors are incorporated into
disciplinary decision-making.
NNJDC Policy 115.378 additionally requires that, where isolation is used as a
disciplinary sanction, residents must continue to receive daily large-muscle exercise,
access to required educational programming, and daily visits from medical or
mental health staff. In the past 12 months, there were zero residents placed in
isolation as a disciplinary sanction for resident-on-resident sexual abuse.
The policy also provides that the facility will offer therapy, counseling, or other
interventions designed to address the underlying causes of sexually abusive
behavior, and may require participation in such programming as a condition of
behavioral incentive systems, but not as a condition for access to general
programming. Medical and mental health staff confirmed that counseling and
therapeutic services are available to residents as needed.
NNJDC Policy 115.378 further prohibits disciplining residents for sexual contact with
staff unless it is determined that the staff member did not consent. It also clarifies
that reports made in good faith based on a reasonable belief that abuse occurred do
not constitute false reporting, even if unsubstantiated. The PREA Coordinator
confirmed this standard is applied in practice.
Finally, the policy prohibits all sexual activity between residents but requires case-
by-case determination of coercion prior to classifying such conduct as sexual abuse.
The PREA Coordinator confirmed that all such incidents are reviewed through the
administrative process to determine appropriate outcomes.
Compliance Determination:
Based on the evidence reviewed, the auditor determined that the facility meets the
requirements of this standard and no corrective action is required.
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