HomeMy WebLinkAboutMN Dept Corrections MOU Sex Abuse Inv MINNESOTA DEPARTMENT OF CORRECTIONS
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MEMORANDUM OF UNDERSTANDING
SEXUAL ABUSE INVESTIGATIONS
This Memorandum of Understanding (MOU) is entered into between the Minnesota Department of Correction, Office
of Special Investigations ( MNDOC) 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 inmates.
II. TERM OF MOU
This MOU shall begin on July 1, 2013 and shall expire June 30, 2018.
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 =lE
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 and DOC policy 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 MNDOC ACISS Case management System.
IV. MNDOC DUTIES UNDER MOU
a. MNDOC shall refer sexual abuse investigations to the Investigating Agency within the timeline
established in DOC Policy 202.057, "Sexual Abuse /Assault Prevention, Reporting, and Response."
b. MNDOC agrees to provide Investigating Agency, free of charge, all required training as outlined in PREA
standard 28 C.F.R. § 115.34, contained in EXIHIBIT A, which is hereby attached and incorporated by
reference.
c. MNDOC will offer the victim the right to have a victim advocate present during any stage of the
investigation.
d. MNDOC agrees 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 regular meeting to review the terms of this
agreement and recommend changes as necessary.
VI. AMENDMENTS
All amendments 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 Tess 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: CZ / (rI /i a.- LC/. ,&s. Cc' Print name:
Signature: Signature:
Title: a c/, f / /. ( Date: t1/74. Title: Date:
DOC
MINNESOTA DEPARTMENT OF CORRECTIONS Central Office
Contributing to a Safer Minnesota
June 12, 2013
Chief Brian DeRosier
Oak Park Heights Police Department
PO Box 2007
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). Please review, sign and send
this document back to me.
We look forward to meeting your officers that have registered for this specialized training on
June 18, 2013.
Please don't hesitate to call me if you have any questions.
Res ctfully,
a... „" dr,,,
Cari Gerlicher, Director
Office of Special Investigations
Minnesota Department of Corrections
(651) 642 -0419
cari.gerlicher @state.mn.us
www.doc.state.mn.us
1450 Energy Park Drive, Suite 200 . St. Paul, MN 55108 . PH 651.361.7200 .TTY 800.627.3529
EQUAL OPPORTUNITY EMPLOYER
(c) Current inmates who have not received such education shall be educated within one year of
the effective date of the PREA standards, and shall receive education upon transfer to a different
facility to the extent that the policies and procedures of the inmate's new facility differ from
those of the previous facility.
(d) The agency shall provide inmate education in formats accessible to all inmates, including
those who are limited English proficient, deaf, visually impaired, or otherwise disabled, as well
as to inmates who have limited reading skills.
(e) The agency shall maintain documentation of inmate participation in these education sessions.
(f) In addition to providing such education, the agency shall ensure that key information is
continuously and readily available or visible to inmates through posters, inmate handbooks, or
other written formats.
1114-34- . _ . `. **NW InvetttlitAana.
` ...:. ....., _ _ :. lit oToktyees.pcntsust to § I15 .31 the agency
shall die agency elf conductssexual abuse investigations, its
investigators investigatorshave reeeivettrainingin investigations in confinement settings.
(b)Asecializediraining Shall include die es kw .interviewing sexual abuse victims, proper
a anasarrity,wannagaisexuat abuse evidence collection in confinement settings,
d the criteria audeviderwe required to substantiate a case for administrative action or
taxgacutiau referral.
(c1 The ageneYSIstin inaittak do won that agency investigators have completed the
requiredspecialined trailing in coning sexual abuse investigations.
(d) Any S . : hfiustiee cowman tha invegigates sexual abuse in
conit'settings shailProvide stiehiraining to its agents and investigators who conduct such
nwe§ti
§ 115.35 Specialized training: Medical and mental health care.
(a) The agency shall ensure that all full- and part-time medical and mental health care
practitioners who work regularly in its facilities have been trained in:
(1) How to detect and assess signs of sexual abuse and sexual harassment;
(2) How to preserve physical evidence of sexual abuse;
(3) How to respond effectively and professionally to victims of sexual abuse and sexual
harassment; and
(4) How and to whom to report allegations or suspicions of sexual abuse and sexual harassment.
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