PREA Policy Pathways Renewed Inc.

Introduction

In response to the enactment of the Prison Rape Elimination Act of 2003 (PREA), the New York State Department of Corrections and Community Supervision (DOCCS) established zero tolerance policies for sexual abuse and sexual harassment. PREA established national standards to prevent, detect and respond to prison rape. Sexual abuse and sexual harassment violate DOCCS rules and threaten security. All reports of sexual abuse, sexual harassment, and retaliation against an inmate, parolee or staff member for reporting or taking part in an investigation of possible sexual abuse or harassment will be thoroughly investigated. Furthermore, DOCCS deals with any perpetrator of a sexual abuse incident, sexual harassment incident, act of staff voyeurism or relation through discipline and, where there is evidence that a crime was committed, through prosecution to the fullest extent permitted by law. Any employee who receives a report of sexual abuse must immediately notify his or her supervisor and the Community Supervision Regional Director to ensure timely notification of the Office of Special Investigations, previously known as the DOCCS Office of the Inspector General. In addition, all DOCCS employees are under a duty to report any allegation, knowledge, suspicion, or information regarding any sexual abuse or related misconduct.

The mission of Pathways Renewed Inc. is to provide a structured recovery-centered living environment to individuals who suffer from the disease of addiction or have psychosocial factors that temporarily impede their ability to live independently. This mission serves to not only demonstrate by example to the residents, but to educate the residents in a new way of being that supports a lifestyle that is work-oriented and honest.

This stabilizing environment and the programmatic support systems in place will help residents to meet their responsibilities and become law-abiding, self-supporting, productive citizens. The staff at Pathways Renewed has successfully been working with mandated populations for more than 20 years and has a stellar history of managing residential services for parolees and those seeking a safe, supportive and sober environment in which to thrive. Pathways Renewed Inc. is compliant with the requirements and mandates of PREA. This document provides a detailed review of compliance with the national standards of PREA.

1) PREA Standard: 115.211 Zero tolerance of sexual abuse and sexual harassment

Pathways Renewed Inc. Policy:

Pathways Renewed Inc. maintains a written policy mandating zero tolerance of all forms of sexual abuse and sexual harassment, as well as preventing, detecting and responding to such conduct. The intent is to ensure that the Re-Entry’s staff and residents are informed that this policy implements the “zero tolerance’’ of sexually abusive behavior and sexual harassment mandated by the New York State Department of Correction and Community Supervision (DOCCS); standard procedures are in place to detect and prevent sexually abusive behavior and sexual harassment at Pathways Renewed Inc.;

victims of sexually abusive behavior and sexual harassment receive timely and effective responses to their physical, psychological and security needs; allegations of sexually abusive behavior and sexual harassment receive timely intervention upon report; and the perpetrators of sexually abusive behavior and sexual harassment will be disciplined and, when appropriate, prosecuted in accordance with the DOCCS policy and Federal law.

2. PREA Standard: 115.212 Contracting with other entities for the confinement of residents.

Pathways Renewed Inc. Policy:

Pathways Renewed Inc. is a private for-profit agency and does not contract for the confinement of its residents with other private agencies or other entities, including other government agencies.

There will be no emergency circumstances in which all reasonable attempts to find a private agency or other entity in compliance with the PREA standards.

3. PREA Standard: 115.213 Supervision and Monitoring

Pathways Renewed Inc. Policy:

At Pathways Renewed Inc., the staffing plan consists of trained paid staff, on the premises to provide 24-hour coverage, seven days a week for a moderate security level contract. This staffing coverage provides for safe and secure supervision of all adult male residents. A key staff member is available Monday-Friday 8:00 am to 4:00 pm. At least one is required 7 days, 24 hours a day to provide adequate levels of staffing, and, where applicable, video monitoring, to protect residents against sexual abuse.

In calculating adequate staffing level and determining the need for video monitoring, Pathways Renewed Inc.:

· Ensures housing of residents in one building with separation of sleeping, bathing and toilet areas.

· Appropriate space and furnishings are afforded with reasonable amounts of privacy and adequate staff supervision.

· The composition of the resident population consists of adult males ages 20-80 years of age.

· Capacity of residents at one time is up to 15 residents daily.

· Average length of stay under staff supervision is 120 days.

· No reported prevalence of substantiated and unsubstantiated incidents of sexual abuse has occurred.

· In circumstances where the staffing plan is not complied with, this facility will document and justify all deviations from the plan.

Whenever necessary, but no less frequently than once each year, Pathways Renewed Inc. will assess, determine and document whether adjustments are needed to the staffing plan.

Prevailing staffing patterns;

Pathways Renewed Inc. deployment of video monitoring systems and other monitoring technologies; and

The resources the Pathways office has available to commit to ensure adequate staffing levels.

4. PREA Standard: 115.215 Limits to Cross-gender, Transgender and Intra-sexual viewing and searches

Pathways Renewed Inc. Policy:

Pathways Renewed Inc. will not conduct any pat down searches on any resident that enters the facility. Pathways Renewed Inc. protocols regarding residents bringing items into

the facility:

· the resident is asked to empty all pockets and display all items;

· the resident is asked to empty all containers and bags to display all items;

· all items brought into the Pathways Renewed Inc. facility by a resident must be approved by their parole officer.

Pathways Renewed Inc. will not perform and thus cannot document any cross-gender, transgender and/or intra-sexual pat downs, strip searches or visual body cavity searches.

5. PREA Standard: 115.216 Residents with disabilities and residents who are limited English proficient.

Pathways Renewed Inc. Policy:

Pathways Renewed Inc. will take appropriate steps to ensure that residents with disabilities (including for example, residents who are deaf or hard of hearing, those who are blind or have low vision, or the who have intellectual, psychiatric, or speech disabilities) have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect and respond to sexual abuse and sexual harassment.

The PREA Coordinator will reach out to community disabilities assistance offices, as a resource to ensure that this New York facility is providing effective communication accommodations when a need for such accommodation is known.

Pathways Renewed Inc. staff will take reasonable action to ensure meaningful access to all aspects of the agency’s efforts to prevent, detect and respond to sexual abuse and sexual harassment for residents who are limited English proficient, including steps to provide interpreters who can interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary.

Pathways Renewed Inc. will not rely on a resident interpreter, resident readers, or other types of resident assistants except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the resident’s safety, the performance of first-response duties under standard 115.264, or the investigation of the resident’s allegations.

6. PREA Standard: 115.217 Hiring and promotion decisions

Pathways Renewed Inc. Policy:

Pathways Renewed Inc. will hire or promote anyone who has contact with residents, and will not enlist the services of any contractor who may have contact with residents who has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997) or; has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or has been civilly or administratively adjudicated to have engaged in the prohibited activities.

Pathways Renewed Inc. will consider any incident of sexual harassment in determining whether to hire or promote anyone, or to enlist the services of any contractor, who may have contact with residents. Before hiring new employees who may have contact with residents, Pathways Renewed Inc. will:

· Perform a criminal background records check; and

· consistent with Federal, State and local law, use best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of allegation of sexual abuse.

Pathways Renewed Inc. will inquire of all applicants and employees who have contact with residents directly about previous misconduct in written applications or interviews for hiring or promotions and in interviews or written self-evaluations conducted as part of reviews of current employees. This agency requires of employees a continuing affirmative duty to disclose any such misconduct. Material omissions regarding such misconduct, or the provision of materially false information, shall be grounds for termination.

Unless prohibited by law, Pathways Renewed Inc. will provide information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an institutional employer for whom such employee has applied to work.

7. PREA Standard: 115.218 Upgrades to facilities and technologies

Pathways Renewed Inc. Policy:

When designing or acquiring any new facility and in planning any substantial expansion or modification of the current facility, Pathways Renewed Inc. will consider the effect of the design, acquisition, expansion, or modification upon our ability to protect residents from sexual abuse. When installing or updating a video monitoring system, electronic surveillance system or other monitoring technology, Pathways Renewed Inc. will consider how such technology may enhance this facility’s ability to protect residents from sexual abuse.

8. PREA Standard: 115.221 Evidence Protocol and Forensic Medical Examinations

Pathways Renewed Inc. Policy:

Although, Pathways Renewed Inc. is not responsible for investigating allegations of sexual abuse, this facility will follow a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions.

This protocol was developed and based on the most recent edition of the U.S. Department of Justice’s Office of Violence Against Women publication, “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” or similarly comprehensive and authoritative protocols developed after 2011.

Pathways Renewed Inc. will offer all victims of sexual abuse access to forensic medical examinations at an external facility, without financial cost, where evidentiary or medically appropriate. Such examinations shall be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the examination can be performed by other qualified medical practitioners. This facility will document its efforts to provide SAFEs or SANEs.

When there is a report of a recent incident of sexual abuse or there is a strong suspicion that a recent serious assault may have been sexual in nature, a physical examination of the alleged victim will be conducted. Staff will provide the opportunity for a forensic examination as soon as possible. In case of resident-on-staff sexual abuse, community medical/mental health resources and services will be made available to the staff member immediately.

Pathways Renewed Inc. will make every attempt to make available to the victim a victim advocate from a rape crisis center. If a rape crisis center is not available to provide victim advocacy services, this facility will make available a qualified staff member from a community based organization or a qualified Pathways Renewed Inc., staff member. This facility will document efforts to secure services from rape crisis centers.

As requested by the victim, the victim advocate, our qualified facility staff member or qualified community-based organization staff member will accompany and support the victim through the forensic medical examination process and investigatory interviews and will provide emotional support, crisis intervention, information and referrals.

For the purpose of the standard, our qualified facility staff member or a qualified community-based staff member will be an individual who has been screened for appropriateness to serve in this role and has received education concerning sexual assault and forensic examination issues in general.

9. PREA Standard: 115.222 Policies to ensure referrals of allegations for investigations.

Pathways Renewed Inc. Policy:

Pathways Renewed Inc. will make immediate contact with the DOCCS Contract Officer Specialist (COS) from the DOJ/NYSDOCCS/RCC to ensure that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment.

The Pathways Renewed Inc. PREA Coordinator will immediately contact the COS who is responsible for ensuring that all allegations of sexual abuse or sexual harassment are referred to them for investigation and who also has the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior.

Pathways Renewed Inc. cannot publish this policy on our agency website without written approval from the DOJ/NYSDOCCS/RRC. The DOJ/NYSDOCCS/RRC Contract Officer Specialist is responsible for conducting all criminal investigations and can only give written permission to describe the responsibilities of Pathways Renewed Inc. and their Department in any publication.

The State of New York is responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment at this community confinement facility. The Department of Justice, Bureau of Prisons, Residential Re-entry Center personnel are responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in this community confinement facility and for the policies governing the conduct of these investigations.

10. PREA Standard: 115.231 Employee training

Pathways Renewed Inc. Policy:

Pathways Renewed Inc. trains all employees who may have contact with residents on:

· Our zero tolerance policy for sexual abuse and sexual harassment;

· how to fulfill their responsibilities under agency sexual abuse sexual harassment prevention, detection, reporting and response policies and procedures;

· residents’ right to be free from sexual abuse and sexual harassment;

· the right of residents and employees to be free from retaliation for reporting sexual abuse and sexual harassment;

· the dynamics of sexual abuse and sexual harassment in confinement;

· the common reactions of sexual abuse and sexual harassment victims;

· how to detect and respond to signs of threatened and actual sexual abuse;

· how to avoid inappropriate relationships with residents;

· how to communicate effectively and professionally with residents, including lesbian, gay, bisexual, transgender, intersex or gender nonconforming residents; and

· how to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities.

This training at Pathways Renewed Inc. shall be tailored to the gender of the residents at our facility which are all adult men.

All current employees who have not received such training shall be trained within one year of the effective date of the PREA standards, and the agency shall provide each employee with refresher training every two years to ensure that all employees know the agency’s current sexual abuse and sexual harassment policies and procedures.

All employees at Pathways Renewed Inc. will verify their understanding of the training they received through their written signature and date it was completed. Participation documentation will note that employees understood the training they have received. At the conclusion of the all trainings, employees are asked to seek additional supervisory direction, if necessary to ensure understanding of the training.

11. PREA Standard: 115.232 Volunteer and contractor training.

Pathways Renewed Inc. Policy:

Pathways Renewed Inc. is not approved by the DOJ/NYSDOCCS/RRC contractual agreement to utilize volunteers and/or sub-contractors to provide service to their resident population without prior knowledge and approval and thus no training is applicable at this time. All staff employed by Pathways Renewed Inc. have been screened and cleared by the DOJ/NYSDOCCS/RRC to provide this service to this specific population.

Pathways Renewed Inc. if approved by the DOJ/NYSDOCCS/RRC to utilize volunteers and/or sub-contractors will train them who may have contact with residents on:

· Our zero tolerance policy for sexual abuse and sexual harassment;

· how to fulfill their responsibilities under agency sexual abuse, sexual harassment, prevention, detection, reporting and response policies and procedures;

· residents right to be free from sexual abuse and sexual harassment;

· the right of residents and employees to be free from retaliation for reporting sexual abuse and sexual harassment;

· the dynamics of sexual abuse and sexual harassment in confinement;

· the common reactions of sexual abuse and sexual harassment victims;

· how to detect and respond to signs of threatened and actual sexual abuse;

· how to avoid inappropriate relationships with residents;

· how to communicate effectively and professionally with residents, including lesbian, gay, bisexual, transgender, intersex or gender nonconforming residents; and

· how to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities.

This training at Pathways Renewed Inc. is tailored to the gender of the residents at our facility which is all adult men.

All volunteers and/or sub-contractors who have not received such training shall be trained within one year of the effective date of the PREA standards, and the agency shall provide each volunteer and/or sub-contractors with refresher training every two years to ensure that all employees know the agency’s current sexual abuse and sexual harassment policies and procedures.

All volunteers and/or sub-contractors at Pathways Renewed Inc. will verify their understanding of the training they received through their written signature and date it was complicated. Participation documentation will note that volunteers and/or sub-contractors understood the training they have received. At the conclusion of the all trainings, volunteers and/or sub-contractors are asked to seek additional supervisory direction, if necessary to ensure understanding of the training.

12. PREA Standard: 115.233 Resident Education

Pathways Renewed Inc. Policy:

During Pathways Renewed Inc’s intake process, residents will receive information explaining our agency’s zero-tolerance policy regarding sexual abuse and sexual harassment, how to report incidents or suspicious of sexual abuse or sexual harassment, their rights to be free from sexual abuse and sexual harassment and the right from retaliation for reporting such incidents and regarding our agency’s policies and procedures for responding to such incidents.

Pathways Renewed Inc, will provide some refresher information when a resident is transferred to another facility.

Pathways Renewed Inc, will provide resident education in the appropriate formats to all residents referred by the DOJ/NYSDOCCS/RCC that meet program criteria for admission. This could include those with limited English proficiency, deaf visually impaired or otherwise disable as well as residents who have limited reading skills.

Pathways Renewed Inc, will have written documentation as well as resident verification of their participation in education sessions.

Pathways Renewed Inc, will ensure this information is continuously and readily available through written and visual mechanisms, i.e. RRC resident handbook, information sheets, etc.

PREA Standard: 115.234 Specialized training; Investigations

PATHWAYS RENEWED INC, Policy:

The DOJ/NYSDOCCS/RCC personnel conduct all sexual abuse investigations as its investigators have received training in conducting such investigations in confinement settings. The DOJ provides this training to their Contract Oversight Specialists who conduct such investigations and thus maintains documentation that this required specialized training has been completed.

PREA Standard: 115.235 Specialized training: Medical and mental health

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, will ensure that all full and part-time medical and mental health care staff who work regularly in this facility have been trained in:

How to detect and assess signs of sexual abuse and sexual harassment.

How to preserve physical evidence of sexual abuse.

How to respond effectively and professionally to victims of sexual abuse and sexual harassment; and

How and to whom to report allegations or suspicious of sexual abuse and sexual harassment.

No medical staff employed by Pathways Renewed Inc, will conduct forensic examinations.

Pathways Renewed Inc, will maintain documentation that medical and mental health staffs have received the above training in (1) written verification of their signature and date.

Pathways Renewed Inc, does not sub-contract with other providers and/or use volunteers for its medical and mental health care.

Policy Title: Screening for Risk of Sexual Victimization and Abusiveness

Effective Date: 06-09-19

PREA Standard: 115.241 Screening for risk of victimization and abusiveness.

PATHWAYS RENEWED INC, Policy:

All residents will be assessed at time of intake screening and upon transfer to another facility for the risk of being sexually abused by other residents or sexually abusive towards other residents.

This resident intake screening will be done within 72 hours of arrival to Pathways Renewed Inc, .

This assessment will be conducted using an objective screening instrument.

This intake screening instrument contains at a minimum, the following criteria to assess residents for the risk of sexual victimization.

Whether resident has a mental, physical or developmental disability;

The age of the resident;

The physical build of the resident;

Whether the resident has previously been incarcerated;

Whether the resident’s criminal history is exclusively nonviolent;Whether the resident has prior convictions for sex offenses against an adult or child;

Whether the resident is or is perceived to be gay, lesbian, bisexual, transgender, intersex or gender nonconforming;

Whether the resident has previously experienced sexual victimization; and

The resident’s own perception of vulnerability.

This intake screening will also consider prior acts of sexual abuse, prior convictions for violent offenses, and history of prior institutional violence or sexual abuse, as know by Pathways Renewed Inc, in assessing residents for risk of being sexually abusive.

Within 30 calendar days of resident’s arrival to Pathways Renewed Inc, will reassess the resident’s risk for victimization of abusiveness based upon any additional, relevant information received at this facility since their initial intake assessment.

A resident’s risk level will be assessed when warranted due to referral, request, incident of sexual abuse, or receipt of additional information that bears on the resident’s risk of sexual victimization or abusiveness.

Residents will not be disciplined for refusing to answer, or for not disclosing complete information in response to, questions asked pursuant to numeral (4)(a), (4)(g), (4)(h), or (4)(i) of this section.

The dissemination of these responses to questions asked pursuant to this standard at Pathways Renewed Inc, will begin first with the PREA Coordinator, then the designated Mental Healthcare staff and finally a designated NYSDOCCS staff to ensure that this sensitive information is not exploited to the resident’s detriment by staff or other residents.

PREA Standard: 115.242 Use of screening information.

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, will use information from our risk screening assessment to help determine any housing, room, vocational, educational and or program assignments with the goal of keeping separate those residents that are at high risk of being sexually victimized from those at high risk of being sexually abusive.

Individualize determinations will be made to ensure the safety of each resident.

DOJ/NYSDOCCS/RRC personnel will decide whether to refer a transgender or intersex resident to Pathways Renewed Inc, for either a male or female resident on case by case basis based on whether this placement would ensure the resident’s health and safety, and whether the placement would present management or security problems.

All transgender or intersex resident’s own views with respect to his or her own safety shell be given serious consideration.

All transgender and intersex residents will be given the opportunity to shower separately from other residents.

Pathways Renewed Inc, will not place lesbian, gay, bisexual, transgender, or intersex residents in rooms or floors solely based on their identified status or unless such placement in either a dedicated room or floor has been established in connection with a consent decree, legal settlement, or legal judgement for the purpose of protecting such residents.

PREA Standard: 115.243 Reserved.

Policy Title: Reporting

Effective Date: 06-09-19

PREA Standard: 115.251 Resident reporting.

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, will provide multiple internal ways for residents to privately report sexual abuse and sexual harassment, retaliation by other residents or staff for reporting sexual abuse and sexual harassment and staff neglect or violation or responsibilities that may have contributed to such incidents. Such as by mail to an outside party or contact information to the Office of Inspector General. The agency will provide a secure confidential cell phone that can be accessed 24 hours a day, 7days a week for any resident or staff related emergency.

Pathways Renewed Inc, will inform residents of at least one way to report abuse or harassment to a public, private or federal entity that is not part of the Pathways Renewed Inc, through a confidential secure cell phone. This entity will be able to receive and immediately forward resident reports of sexual abuse and sexual harassment to this agency’s officials, allowing the resident to remain anonymous upon request. Such as the COS with the Bureau or contact information to the New York Police Department.

Pathways Renewed Inc, ’s NYSDOCCS staff will be mandated to accept all reports verbally, in writing, anonymously and from third parties and will promptly document all reports.

Pathways Renewed Inc, will mandate all NYSDOCCS staff to privately report sexual abuse and sexual harassment of residents to the PREA Coordinator, COS, PATHWAYS RENEWED INC, Program Director or PATHWAYS RENEWED INC, Human Resource Department.

PREA Standard: 115.252 Exhaustion of administrative remedies.

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, is not exempt and does have administrative procedures to address resident grievances regarding sexual abuse. The procedure is that a resident can share their written and or verbal concerns with their NYSDOCCS counselor or PREA Coordinator who will immediately contact within 24 hours the COS who then follow-up the resident administratively.

Pathways Renewed Inc, will not impose a time limit on when a resident may submit a grievance regarding an allegation of sexual abuse.

Pathways Renewed Inc, will not apply time limits on any portion of a grievance that does not allege an incident of sexual abuse.

Pathways Renewed Inc, will not require a resident to use any informal grievance process or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse.

Nothing in this section will restrict Pathways Renewed Inc, ’s ability to defend against a lawsuit filed by a resident on the ground that the applicable statute of limitations has expired.

Pathways Renewed Inc, will ensure that

Any resident who alleges sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the compliant, and

That such grievance is not referred to a staff member who is the subject of the complaint.

Pathways Renewed Inc, , Inc. will issue a final agency decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance to the Bureau of Prisons COS.

Computation of the 90-day time period shall not include time consumed by residents in the preparing any administrative appeal.

Pathways Renewed Inc, can claim an extension of time to respond of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. This agency will notify the resident in writing of any such extension and provide a date by which a decision will be made.

At any level of the administrative process with NYSDOCCS, including the final level, if the resident does not receive a response within the time allotted for reply, including any properly noticed extension, the resident may consider the absence to be a denial at that level.

Third parties, including fellow residents, staff members, family members, attorneys, and outside advocates, shall be permitted to assist residents in filing requests for administrative remedies relating to allegations of sexual abuse, and shall also be permitted to file such requests on behalf of residents.

If the third party files such a request of behalf of a resident, the New York facility can require as a condition of processing the request that the alleged victim agree to have the request filed on his or her behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process.

If the resident declines to have this request processed on his or her behalf, Pathways Renewed Inc, will document the resident’s decision.

Pathways Renewed Inc, will allow residents to file an emergency grievance alleging that a resident is subject to a substantial risk of imminent sexual abuse by contacting the PREA Coordinator or COS in a verbal or written format. If resident prefers it to be verbal, PREA Coordinator will document interaction and request.

After receiving an emergency grievance alleging a resident is subject to a substantial risk of imminent sexual abuse, the New York facility can immediately forward the grievance (or any portion thereof that alleges the substantial risk of imminent sexual abuse) to a level of review at which immediate corrective action plan may be taken, will provide an initial response within 48 hours and shall issue a final New York facility decision within 5 calendar days. The initial response and final decision shall document this facility determination whether the resident is in substantial risk of imminent sexual abuse and the action taken in response to the emergency grievance.

Pathways Renewed Inc, , can discipline a resident for filing a grievance related to an alleged sexual abuse only where the agency demonstrates that the resident filed the grievance in bad faith.

PREA Standard: 115.253 Resident access to outside confidential support services.

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, will provider residents access to outside victim advocates for emotional support services related to sexual abuse by giving residents mailing addresses and telephone numbers, including toll-free hotline numbers where available, of local, State, or national victim advocacy or rape crisis organization, and by enabling reasonable communication between residents and these organizations, in as confidential a manner as possible.

The New York facility will inform residents, prior to giving them access, of the extent to which such communications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws.

Pathways Renewed Inc, will maintain linkage agreements and or memoranda of understandings with community service providers that are able to provide residents with confidential emotional support services related to sexual abuse. The New York facility will maintain copies of agreements and/or documentation showing attempts to enter into such agreements.

PREA Standard: 115.254 Third-party reporting.

PATHWAYS RENEWED INC, Policy:

A Third party reporter is someone who reports sexual abuse and/or sexual harassment that is or has happened to a resident staying in the facility under the Federal bureau of Prisons Program but is neither the victim nor the abuser. This person may have been told by the victim about the abuse or harassment, or witnessed it first-hand. “Third party” includes other residents, staff, family members, friends, lawyers, among others.

Pathways Renewed Inc. Re-Entry Center policy for Third Party Reporting states that another resident(s), staff member, friend, legal counsel, or anyone else outside the facility that knows of a resident that is or has been a victim of sexual abuse and/or sexual harassment can report the incident by calling PREA Coordinator at 631-830-7975

The person making the phone call does not have to leave the victim’s name but Pathways Renewed Inc, will investigate with the information that is given. The more information that is given, the better the investigator(s) can thoroughly and by investigative standards do a proper and complete investigation.

A Third Party reporter can submit a written report on someone’s behalf to:

Pathways Renewed Inc., PREA Coordinator, PO Box 949 KingsPark, New York 11754

Policy Title: Official Response Following a Resident Report

Effective Date: 06-09-19

PREA Standard: 115.261 Staff and agency reporting duties.

PATHWAYS RENEWED INC, Policy:

The facility will require all staff to report immediately any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in this facility; any retaliation against residents or staff who reported such an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. Staff intervention as appropriate as an incident report on behaviors that may subsequently lead to an incident of sexual abuse.

Apart from reporting to the PREA Coordinator, facility executive head and/or the COS, staff will not reveal any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in our policy, to make treatment, investigations and other security and management decisions.

Unless otherwise precluded by Federal, State, or local law, medical and mental health practitioners shall be required to report sexual abuse pursuant to paragraph (1) of this section and to inform residents of the practitioner’s duty to report and the limitations of confidentiality at the initiation of services.

This facility does not accept any resident under the age of 18 and thus would not have any alleged victims under the age of 18. However anyone considered a vulnerable adult, this facility will report any allegations to NYSDOCCS COS or state/local mandatory reporting laws.

The facility will report all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports to the NYSDOCCS COS as they are these facility’s designated investigator.

PREA Standard: 115.262 Agency protection duties

PATHWAYS RENEWED INC, Policy:

When the facility staff learns of a resident that is subject to substantial risk of imminent sexual abuse, this facility will take immediate action to protect the resident. Immediate safeguards could include monitoring the situation, changing rooms, changing work assignments, placing alleged victims and perpetrator in separate housing floors or removal from the facility.

PREA Standard: 115.263 Reporting to other confinement facilities.

PATHWAYS RENEWED INC, Policy:

Upon receiving an allegation that a resident was sexually abused while confined at another facility, the head of the New York facility or PREA Coordinator once notified of this allegation shall notify the NYSDOCCS COS where the alleged abuse occurred.

Notification will be provided as soon as possible, but no later than 72 hours after receiving the allegation.

This facility will document that is has provided this notification.

The PREA Coordinator and/or facility head upon receiving notification will ensure that all allegations will be investigated in accordance with NYSDOCCS COS guidelines.

PREA Standard: 115.264 Staff first responder duties.

PATHWAYS RENEWED INC, Policy:

Upon learning of an allegation that a resident was sexually abused, the first NYSDOCCS staff member to respond to the report shall be required to:

Separate the alleged victim and abuser;

Preserve and protect any crime scene until appropriate steps can be taken to collect any evidence;

If the abuse occurred within a time period that still allows for the collection of physical evidence, request that the alleged victim not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating; and

If the abuse occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged abuser does not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating.

If the first staff responder is not a NYSDOCCS staff member, the responder shall be required to request that the alleged victim not take any actions that could destroy physical evidence and the notify NYSDOCCS staff.

PREA Standard: 115.265 Coordinated response.

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Re- Entry Center will develop a written institutional plan to coordinate actions taken in response to an incident of sexual abuse, among NYSDOCCS staff and non-NYSDOCCS staff first responders, medical and mental health practitioners, investigators, and facility leadership.

This written institutional response plan will be monitored by the PREA Coordinator and involves the following components

NYSDOCCS staff will safeguard the victim at the facility from abuser; engage in evidence collection and preservation that could include obtainment of resident clothing, etc., immediate contact of NYSDOCCS/COS to begin investigative process. Arrange for outside medical trip if necessary for forensic medical examination.

The facility mental health practitioner is notified for crisis intervention, assessment of treatment needs, possible psychiatric referral or other treatment options for the alleged victim as well as notification to the an outside victim advocate is necessary to assist victim.

Trained medical personnel will be responsible for the assessment, examination, documentation and treatment of victim injuries arising from the sexual abuse including testing for pregnancy, HIV and STI’s. Trained medical staff in the collection of sexual assault evidence will forward this information as physical evidence to be used later in the formal investigative process by the investigator in the determination of administrative/criminal findings.

Upon completion of this initial incident, staff have additional responsibilities for follow-up with the victim covered in standards 115.66-68, 115.76-78 and 115.81-83

PREA Standard: 115.266 Preservation of ability to protect residents from contact with abusers.

PATHWAYS RENEWED INC, Policy:

Neither Pathways Renewed Inc, nor any other governmental entity responsible for collective bargaining on behalf of PATHWAYS RENEWED INC’s behalf shall enter into or renew any collective bargaining agreement or other agreement that limits Pathways Renewed Inc., New York facility’s ability to remove alleged staff sexual abusers from contact with residents pending the outcome of an investigation or a determination of whether and to what extent discipline is warranted.

Nothing in this standard shall restrict the entering into or renewal of agreements that govern:

The conduct of the disciplinary process, as long as such agreements are not inconsistent with the provisions of standard 115.272 and standard 115.276; or

A no-contact assignment will be imposed pending the outcome of an investigation shall be expunged from or retained in a staff member’s personnel file following a determination that the allegation of sexual abuse is not substantiated.

PREA Standard: 115.267 Agency protection against retaliation.

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, will identify, secure and protect all residents and staff that report sexual abuse or sexual harassment or cooperate with sexual abuse or sexual harassment investigations from retaliation by other residents or staff and shall designate which staff members or departments are charged with monitoring retaliation.

Pathways Renewed Inc, will employ multiple protection measures such as housing changes or transfers for resident victims or abusers, removal of alleged staff or resident abusers from contact with victims, and emotional support services for residents or staff who fear retaliation for reporting sexual abuse or sexual harassment or for cooperating with investigations.

For at least 90 days following a report of sexual abuse, Pathways Renewed Inc, will monitor the conduct and treatment of residents or staff who reported the sexual abuse and of residents who were reported to have suffered sexual abuse to see if there are changes that may suggest possible retaliation by residents or staff, and shall act promptly to remedy any such retaliation. Items Pathways Renewed Inc, will monitor include any resident disciplinary reports, housing, or program changes, or negative performance reviews or reassignments of staff. Pathways Renewed Inc.s, Inc., New York facility will continue such monitoring beyond 90 days if the initial monitoring indicates a continuing need.

In the case of residents, such monitoring shall also include periodic status checks.

If any other individual who cooperates with an investigation expresses a fear of retaliation, Pathways Renewed Inc, will take appropriate measures to protect that individual against retaliation.

Pathways Renewed Inc, obligation to monitor will terminate if the NYSDOCCS Contract Oversight Specialist determines that the allegation is unfounded.

PREA Standard: 115.268 Reserved.

Policy Title: Investigations

Effective Date: 06-09-19

PREA Standard: 115.271 Criminal and administrative agency investigations.

PATHWAYS RENEWED INC, Policy:

The NYSDOCCS Contract Oversight Specialist conducts investigations into allegations of sexual abuse and sexual harassment, as it will do so promptly, thoroughly, and objectively for all allegations, including third-party and anonymous reports.

Where sexual abuse is alleged, Pathways Renewed Inc, will immediately contact the NYSDOCCS COS investigator who has received special training in sexual abuse investigations pursuant to standard 115.234.

The COS Investigator shall gather and preserve direct and circumstantial evidence, including any available physical and DNA evidence and any available electronic monitoring data; shall interview alleged victims, suspected perpetrators, and witnesses; and shall review prior complaints and reports of sexual abuse involving the suspected perpetrator.

When the quality of evidence appears to support criminal prosecution, the COS will conduct compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution.

The credibility of an alleged victim, suspect, or witness shall be assessed on an individual basis and shall not be determined by the person’s status as resident or staff. Pathways Renewed Inc.s, Inc., New York facility will not require a resident who alleges sexual abuse to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an allegation.

Administrative investigations:

Shall include an effort to determine whether NYSDOCCS staff actions or failures to act contributed to the abuse; and

Shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind creditability assessments, and investigative facts and findings.

Criminal investigations will be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible.

Substantiated allegations of conduct that appears to be criminal will be referred for prosecution by DOJ’s COS.

Pathways Renewed Inc, will retain all written reports referenced in paragraph (6) and (7) of this section for as long as the alleged abuser is incarcerated by Pathways Renewed Inc, , plus five years.

The departure of the alleged abuser or victim from the employment of Pathways Renewed Inc, will not provide a basis for terminating an investigation.

The Department of Justice component that conducts these investigations will do so pursuant to the above requirements.

When the Department of Justice investigates sexual abuse, Pathways Renewed Inc, will cooperate with their investigators and will endeavor to remain informed about the progress of the investigation.

PREA Standard: 115.272 Evidentiary standard for administrative investigations.

PATHWAYS RENEWED INC, Policy:

The Department of Justice will impose no standard higher than a preponderance of the evidence in determining whether allegations of sexual abuse or sexual harassment are substantiated.

PREA Standard: 115.273 Reporting to residents.

PATHWAYS RENEWED INC, Policy:

Following an investigation into a resident’s allegation of sexual abuse suffered at Pathways Renewed Inc, , we will inform the resident as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded.

Since Pathways Renewed Inc, did not conduct the investigation, it will request the relevant information from Department of Justice in order to inform the resident.

Following a resident’s allegation that a NYSDOCCS staff or non-NYSDOCCS staff has committed sexual abuse against the resident, Pathways Renewed Inc, will subsequently inform the resident (unless Pathways Renewed Inc, has determined that the allegation is unfounded) whenever:

The staff member is no longer employed at the facility;

Pathways Renewed Inc, learns that the staff member has been indicted on a charge related to sexual abuse within the facility; or

Pathways Renewed Inc, learns that the staff member has been convicted on a charge related to sexual abuse within the facility.

Following a resident’s allegation that he or she has been sexually abused by another resident, Pathways Renewed Inc, will subsequently inform the alleged victim whenever:

Pathways Renewed Inc, learns that the alleged abuser has been indicted on a charge related to sexual abuse within the facility; or

Pathways Renewed Inc, learns that the alleged abuser has been convicted on a charge related to sexual abuse within the facility.

All such notifications or attempted notifications shall be documented.

Pathways Renewed Inc, obligation to report this standard shall terminate if the resident is released from our facility custody.

Policy Title: Discipline

Effective Date: 06-09-19

PREA Standard: 115.278 Disciplinary sanctions for staff.

PATHWAYS RENEWED INC, Policy:

NYSDOCCS staff or non-NYSDOCCS staff will be subjected to disciplinary sanctions up to and including termination for violating Pathways Renewed Inc, sexual abuse or sexual harassment policies.

Termination shall be the presumptive disciplinary sanction for NYSDOCCS staff or non-NYSDOCCS staff who engaged in sexual abuse or sexual harassment. All sexual activity between residents is prohibited at Pathways Renewed Inc,

Disciplinary sanctions for violations of Pathways Renewed Re-Entry policies relating to sexual abuse or sexual harassment will result in termination.

All terminations for violations of Pathways Renewed Inc, sexual abuse or sexual harassment policies, or resignations by staff who would have been terminated if not for their resignations, shall be reported to law enforcement agencies, unless the activity was clearly not criminal, and to any relevant licensing bodies.

PREA Standards: 115.277 Corrective action for contractor and volunteers.

PATHWAYS RENEWED INC, Policy:

Any contractor or volunteer who engages in sexual abuse shall be prohibited from contact with residents and shall be reported to the New York Police Department, unless the activity was clearly not criminal, and to relevant licensing bodies.

Pathways Renewed Inc, will take appropriate remedial measures, and shall consider whether to prohibit further contact with residents, in the case of any other violation of agency sexual abuse or sexual harassment policies by a contractor or volunteer.

PREA Standard: 115.278 Disciplinary sanctions for residents.

PATHWAYS RENEWED INC, Policy:

Residents will be subject to disciplinary sanctions pursuant to a formal disciplinary process following an administrative finding that the resident engaged in resident-on-resident sexual abuse or following a criminal finding of guilt for resident-on-resident abuse. Any sexual activity between residents is prohibited.

Sanctions shall be commensurate with the nature and circumstances of the abuse committed, the resident’s disciplinary history, and the sanctions imposed for comparable offenses by other residents with similar histories.

The disciplinary process shall consider whether a resident’s mental disabilities or mental illness contributed to his or her behavior when determining what type of sanction should be imposed.

If Pathways Renewed Inc, offers counseling services or other interventions designed to address and correct underlying reasons or motivations for the abuse, our facility will consider whether to require offending residents to participate in such interventions as condition of access to programming or other benefits.

Pathways Renewed Inc, will discipline a resident for sexual contact with staff only upon a finding that the staff member did not consent to such contact.

For the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred will not constitute falsely reporting an incident of lying, even if an investigation does not establish evidence sufficient to substantiate the allegation.

Pathways Renewed Inc, may, in its discretion, prohibit all sexual activity between residents and my discipline residents for such activity. Pathways Renewed Inc, will not, however deem such activity to constitute sexual abuse if it determines that the activity is not coerced

Policy Title: Medical and Mental Care

Effective Date: 06-09-19

PREA Standard: 115. 281 Reserved.

PREA Standard: 115.282 Access to emergency medical and mental health services.

PATHWAYS RENEWED INC, Policy:

Resident victims of sexual abuse will receive timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope of which are determined by medical and mental health practitioners according to their professional judgement.

If no qualified medical or mental health practitioners are on duty at the time a report of recent abuse is made, NYSDOCCS staff or non-NYSDOCCS staff will take preliminary steps to protect victim pursuant to standard 115.262 and shall immediately notify the appropriate medical and mental health practitioners.

Resident victims of sexual abuse while in residential reentry confinement will be offered timely information about and timely access to emergency contraception and sexually transmitted infections prophylaxis, in accordance with professionally accepted standards of care, where medically appropriate.

Treatment services will be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident.

PREA Standard: 115.283 Ongoing medical and mental health care for sexual abuse victims and abusers.

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, will offer medical and mental health evaluation and as appropriate, treatment to all residents who have been victimized by sexual abuse in any prison, jail, lockup, or juvenile facility.

The evaluation and treatment of such victims will include, as appropriate, follow-up services, treatment plans, and when necessary, referrals for continued care following their transfer to, or placement in, other facilities, or their release from custody.

Pathways Renewed Inc, will provide such victims with medical and mental health services consistent with community level of care.

Resident victims of sexually abusive vaginal penetration while incarcerated shall be offered pregnancy tests.

If pregnancy results from conduct specified in paragraph (4) of this section, such victims will receive timely and comprehensive information about and timely access to all lawful pregnancy-related medical services.

Resident victims of sexual abuse while incarcerated shall be offered tests for sexually transmitted infections as medically appropriate.

Treatment services shall be provided to the victim without financial cost and regardless of whether he victim names the abuser or cooperates with any investigation arising out of the incident.

Pathways Renewed Inc, will attempt to conduct a mental health evaluation of all know resident-on-resident abusers within 60 days of learning of such abuse history and offer treatment when deemed appropriate by mental health practitioners.

Policy Title: Data Collection and Review

Effective Date: 06-09-19

PREA Standard: 115.286 Sexual abuse incident reviews.

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, will conduct a sexual abuse incident review at the conclusion of every sexual abuse investigation, including where the allegation has not been substantiated, unless the allegation has been determined to be unfounded.

Such review shall ordinarily occur within 30 days of the conclusion of the investigation.

The review team shall include upper-level management officials, with input from line supervisors, investigators, and medical or mental health practitioners.

The review team shall:

Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect, or respond to sexual abuse;

Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian; gay, bisexual, transgender, or intersex identification, status, or perceived status; or gang affiliation; or was motivated or otherwise caused by other group dynamics at Pathways Renewed Inc, ;

Examine the area in the Pathways Renewed Inc, where the incident allegedly occurred to assess whether physical barriers in the may enable abuse;

Assess the adequacy of staffing levels in that area during different shifts;

Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff; and

Prepare a report of its findings, including but not necessarily limited to determinations made pursuant to paragraphs (4)(a)-(4)(e) of this section, and any recommendations for improvement, and submit such report to the Pathways Renewed Inc, head and PREA compliance manager.

Pathways Renewed Inc, will implement the recommendations for improvement, or shall document its reasons for not doing so

PREA Standard: 115.287 Data Collection

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, will collect accurate, uniform data for every allegation of sexual abuse at this facility using a standardized instrument and set of definitions.

Pathways Renewed Inc, will aggregate the incident-based sexual abuse data at least annually.

The incident-based data collected will include, at a minimum, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the Department of Justice.

Pathways Renewed Inc, will maintain, review and collect data needed from all available incident-based document including reports, investigation files and sexual abuse incident reviews.

Pathways Renewed Inc, will not be able to obtain incident-based and aggregated data from private facilities as this agency will not contract for any services for the confinement of its residents.

Upon request, Pathways Renewed Inc, will provide all such data from the previous calendar year to the Department of Justice no later than June 30th

PREA Standard: 115.288 Data Review for corrective action.

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, will review data collected and aggregated pursuant to standard 115.287 in order to assess and improve the effectiveness its sexual abuse prevention, detection and response policies, practices, and training include:

Identifying problem area;

Taking corrective action on an ongoing basis; and

Preparing an annual report of its findings and corrective actions for this New York facility as a whole.

This report will include a comparison of the current year’s data and corrective actions with those from prior years and shall provide an assessment of the New York facility’s progress in addressing sexual abuse.

This report will be approved by Pathways Renewed Inc, head and made available to the public through our website.

Pathways Renewed Inc, will redact specific material from the reports when publication would present a clear and specific threat to the safety and security of this facility, but must indicate the nature of the material redacted.

PREA Standard: 115.289 Data storage, publication and destruction.

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, will ensure that data collected pursuant to standard 115.287 are securely retained.

Pathways Renewed Inc, will make all aggregated sexual abuse data from this facility under its direct control available to the public at least annually on our website.

Before making aggregated sexual abuse data publicly available, Pathways Renewed Inc, will remove all personal identifiers.

Pathways Renewed Inc, will maintain sexual abuse data collected pursuant to standard 115.287 for at least 10 years after the date of the initial collection unless Federal, State or local law requires otherwise.

Policy Title: Audits

Effective Date: 06-09-19

PREA Standard: 115.293 Audits of standards

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, will conduct audits pursuant to standards 115.401-405.

Policy Title: Auditing and Corrective Action

Effective Date: 06-09-19

PREA Standard: 115.401 Frequency and scope of audits.

PATHWAYS RENEWED INC, Policy:

During the three-year period starting on November 20, 2019, and during each three-year period thereafter, Pathways Renewed Inc, will ensure that the New York facility is audited at least once.

During each one-year period starting on November 20, 2019, Pathways Renewed Inc, will ensure that at least one-third of each facility operated by Pathways Renewed Inc.s, Inc., is audited.

The Department of Justice may send a recommendation to Pathways Renewed Inc, for an expedited audit if the Department has reason to believe that this particular facility may be experiencing problems relating to sexual abuse. The recommendation may also include referrals to resources that may assist this facility with PREA-related issues.

The Department of Justice will develop and issue an audit instrument that will provide guidance on the conduct of and contents of the audit.

Pathways Renewed Inc, will bear the burden of demonstrating compliance with the standards.

The auditor will review all relevant Pathways Renewed Inc, policies, procedures, reports, internal and external audits and accreditations for this facility type.

The audits will review at a minimum a sampling of relevant documentation and other records and information for the most recent one year period.

The auditor will have access to and will observe all areas of the New York facility.

The auditor will be permitted to request and receive copies of any relevant documents (including electronically stored information).

The auditor will retain and preserve all documentation (including e.g. video tapes and interview notes) relied upon in making audit determination. Such documentation will be provided to the Department of Justice upon request.

The auditor will interview a representative sample of residents, residents and detainees and of NYSDOCCS staff, non-NYSDOCCS staff, program manager and administrators.

The auditor will review a sampling of any available videotapes and other electronically available data that will be relevant to the provisions being audited.

The auditor will be permitted to conduct private interviews with residents, residents and detainees.

Residents, residents and detainees will be permitted to send confidential information or correspondence to the auditor in the same manner as if they were communicating with legal counsel.

Auditors will attempt to communicate with community-based or victim advocates who may have insight into relevant conditions at our New York facility.

PREA Standard: 115.402 Auditor qualifications.

PATHWAYS RENEWED INC, Policy:

An audit will be conducted by:

A member of a correctional monitoring body that is not part of, or under the authority of Pathways Renewed Inc, . (but may be part of, or authorized by, the relevant State or local government);

A member of an auditing entity such as an inspector general’s or ombudsperson office that is external to Pathways Renewed Inc, ; or

Other outside individuals with relevant experience.

All auditors will be certified by the Department of Justice. The Department of Justice will develop and issue procedures regarding the certification process, which will include training requirements.

No audit will be conducted by an auditor who has received financial compensation from Pathways Renewed Inc, being audited (except for compensation received for conducting prior PREA audits) within the three years prior to this agency’s retention of the auditor.

Pathways Renewed Inc, will not employ, contract with or otherwise financially compensate the auditor for three years subsequent to Pathways Renewed Inc, retention of the auditor, with the exception of contracting for subsequent PREA audits.

PREA Standard: 115.403 Audit content findings.

PATHWAYS RENEWED INC, Policy:

Each audit will include a certification by the auditor that no conflict of interest exists with respect to his or her ability to conduct an audit of Pathways Renewed Inc, under review.

Audit reports will state whether Pathways Renewed Inc, policies and procedures comply with relevant PREA standards.

For each PREA standard, the auditor will determine whether the audited facility this being Pathways Renewed Inc, reaches one of the following findings: Exceeds Standard (substantially exceeds requirement of standard); Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period); Does Not Meet Standard (requires corrective action). The audit summary shall indicate, among other things, the number of provisions the New York facility has achieved at the each level.

Audit reports will describe the methodology, sampling sizes and basis for the auditor’s conclusions with regard to each standard provision for the audited New York facility and will include recommendations for any required corrective action.

Auditors will redact any identifiable resident of staff information from their reports, but will provide such information to Pathways Renewed Inc, upon request and will provide such information to the Department of Justice.

Pathways Renewed Inc, will ensure that the auditor’s final report is published on our agency’s public website.

PREA Standard: 115.404 Audit corrective action plan.

PATHWAYS RENEWED INC, Policy:

A finding of “Does Not Meet Standard” with one or more standards will trigger a 180-day corrective action period.

The auditor and Pathways Renewed Inc.s, Inc. will jointly develop a corrective action plan to achieve compliance.

The auditor will take the necessary and appropriate steps to verify implementation of the corrective action plan. Such as reviewing updated policies and procedures or re-inspecting portions of Pathways Renewed Inc, .

After the 180-day corrective action period ends, the auditor will issue a final determination as to whether Pathways Renewed Inc, has achieved compliance with those standards requiring corrective action.

If Pathways Renewed Inc, does not achieve compliance with each standard, it will request a subsequent audit once it believes it has achieved compliance.

PREA Standard: 115.405 Audit appeals.

PATHWAYS RENEWED INC, Policy:

Pathways Renewed Inc, may lodge an appeal with the Department of Justice regarding any specific audit finding that it believes to be incorrect. Such an appeal must be lodged within 90 days of the auditor’s final determination.

If the department determines that Pathways Renewed Inc, has stated good cause for re-evaluation, Pathways Renewed Inc, will commission a re-audit by an auditor mutually agreed upon by the Department of Justice and Pathways Renewed Inc, . Pathways Renewed Inc, will bear the costs of this re-audit.

The findings of the re-audit will be considered final.

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