Department of Justice Focuses Efforts on Fighting Sexual Misconduct by Prison Employees
The Department of Justice (DOJ) is implementing immediate actions to curb sexual misconduct by employees of the Federal Bureau of Prisons (BOP). The changes were recommended in a new report from a DOJ Working Group, which was set up by Deputy Attorney General (DAG) Lisa Monaco in July. Its task was to study the department’s response to instances of “reported and proven sexual misconduct” by BOP employees, and to propose recommendations and reforms.
After a 90-day review period, according to DAG Monaco’s November 2 memo, the Working Group found that there is a “need for immediate actions to address the Department's approach to sexual misconduct perpetrated by BOP staff, as well as the importance of further review to consider longer-term – and more systemic – changes."
The Working Group collected data, held listening sessions, spoke to former inmates, and reviewed policies and practices to reach its conclusions.
Both DAG Monaco and BOP Director Colette Peters welcomed the 50-plus recommendations in the report.
DAG Monaco also directed several immediate actions based on the report’s recommendations.
Among the immediate actions include the following:
· BOP Director Peters is to promptly distribute the report to all executive staff. Director Peters must also tell wardens and CEOs that sexual misconduct allegations must “immediately be reported” to regional directors and the Office of Internal Affairs.
· All allegations now “must be assessed on a case-by-case basis, without any prohibition against substantiating misconduct based on inmate testimony.” In October, a report from the Inspector General found that the BOP is regularly excluding inmate testimony about sexual misconduct, unless there is independent evidence such as video, forensics, or a confession. BOP disputes this charge. Prosecutions will also change as a result of the report. According to Government Executive, “Monaco directed the principal associate attorney general to work with the U.S. attorneys and other litigating components of the Justice Department on the need to use all tools available to hold perpetrators accountable.”
BOP Director Peters and other executives have 30 days to develop implementation plans.
“The Department is committed to protecting the safety and security of those in its custody and to holding accountable those who violate their positions of trust,” DAG Monaco said.
Another recommendation includes implementing training at women’s facilities and making sure victims know that reporting will be completely confidential.
The sexual misconduct allegations are just the latest challenge to hit the BOP. It has been dealing with a chronic staffing shortage that has worsened as a result of the pandemic. A 2021 investigation by the Associated Press found that nearly one-third of all federal correction officer positions are vacant.
Director Peters, who took over the job three months ago after running the prison system in Oregon, has stressed rehabilitation and a “humane approach,” rather than stricter law enforcement.