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HomeMy WebLinkAboutMOU Dept of Corrections ml DEPARTMENT OF CORRECTION'S April 29,2019 Chief Brian DeRosier Oak Park Heights Police Department 14168 Oak Park Blvd. Oak Park Heights,MN 55082 Dear Chief DeRosier, I have enclosed a Memorandum of Understanding(MOU)between our two agencies regarding the National Standards of the Prison Rape Elimination Act(PREA). I have made the agreed upon changes to the document. Please review, sign and send this document back to me. If you have any questions regarding this MOU,please do not hesitate to call me. Respectfully, John lvin,Director Office of Special Investigations Minnesota Department of Corrections (651)642-0419 john.melvin@state.mn.us3 Contributing to a safer Minnesota EQUAL OPPORTUNITY EMPLOYER MINNESOTA DEPARTMENT OF CORRECTIONS MEMORANDUM OF UNDERSTANDING DEPARTMENT SEXUAL ABUSE INVESTIGATIONS OF CORRECTIONS This Memorandum of Understanding (MOU) is entered into between the Minnesota Department of Corrections, Office of Special Investigations and the Oak Park Heights Police Department. I. PURPOSE The MNDOC is entering into this MOU with Investigating Agency in order to be in compliance with the investigative standards of the National Standards to Prevent, Detect and Respond to Prison Rape under the Prison Rape Elimination Act(PREA) 28 C.F.R. Part 115 and effectively respond to allegations of sexual abuse by DOC offenders. II. TERM OF MOU This MOU shall begin on July 1, 2019 and shall expire June 30, 2024. III. INVESTIGATING AGENCY DUTIES UNDER MOU a) MNDOC will refer investigations to Investigating Agency that meet the criteria identified in DOC policy 107.007, "Criminal Investigations." All DOC's policies are available on the public website at: http://www.doc.state.mn.us/DOcpolicy2/html/dpw main.asp?opt=IE b) Investigating Agency will coordinate the criminal investigation. c) Investigating Agency will follow the protocols, including collection of evidence, as established by local law enforcement standards in conducting its investigation. d) Upon completion/closure of an investigation, Investigating Agency will forward the closed investigation file to MNDOC for retention as part of the MNDOC ACISS Case Management System. IV. MNDOC DUTIES UNDER MOU a) MNDOC shall refer sexual abuse investigation to the Investigating Agency within the timeline established in DOC Policy 202.057, "Sexual Abuse/Assault Preventions, Reporting and Response." b) MNDOC, if requested, agrees to provide Investigation Agency, free of charge, supplemental required training as outlined in PREA standard 28 C.F.R. 115.34. c) MNDOC will offer the victim the right to have a victim advocate present during any stage of the investigation. d) MNDOC agree to maintain responsibility for informing alleged sexual abuse victim(s) of the progress and outcome of the investigation, based upon updates submitted by Investigating Agency, V. MNDOC AND INVESTIGATING AGENCY SHARED RESPONSIBILITIES UNDER MOU a) MNDOC and Investigating Agency agree to follow the Minnesota Government Data Practices Act as it pertains to the transfer of data between the parties resulting from the duties as described in this MOU. b) MNDOC and Investigating Agency will establish a meeting to review the terms of this agreement and make changes as necessary. VI. AMENDMENTS All amendment to this MOU must be executed in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. VII. FUNDING This MOU does not include the reimbursement of funds between the two parties. VIII. MOU TERMINATION This MOU may be terminated by either party upon no less than thirty(30) calendar days written notice, without cause, unless a lesser time is mutually agreed upon by both parties. The individuals executing this agreement on behalf of each party warrant that he/she is authorized to execute the agreement on behalf of their respective agencies and the agency will be bound by the terms and conditions herein. 1. Investigating Agency 2.MN Department �of'Corrections Print name: CA;el` /)per /�e, 5 j"E/ Print name: .-1a- M /4447 Signature: ��"� Signature: , Title: C,sryie- of 4/02, Date: 544 9 Title: � Date: A /9