The New Jersey Department of Corrections declined to comment on the facts of the
case surrounding the firing of three officers in 2010 over allegation of sexual
abuse, citing pending lawsuits. However, it provided NJ Advance Media the
following responses to general questions about its policies regarding prison sexual
assault.
Q: What protocols does DOC have in place to prevent abuse of inmates by custodial staff
and to detect it when it occurs? Have these policies changed in the last 10 years? If so, how?
A: The New Jersey Department of Corrections has a zero tolerance policy regarding sexual
assault or any other inappropriate behavior between a department employee and a statesentenced offender. Here are some of the ways in which the department attempts to combat
issues related to undue familiarity.
• The Correctional Staff Training Academy, which conducts training for state correction
officers, offers a curriculum that includes the following courses:
a) Correctional Officer as a Professional/Undue Familiarity: This unit focuses on the
professional, moral and ethical demands placed on a state correction officer. The
issue of staff/inmate undue familiarity and fraternization is discussed.
b) Inmate Manipulation: This unit introduces the concept of psychological
manipulation, intimidation and/or extortion by inmates.
c) Prison Rape Elimination Act (PREA): This unit discusses PREA and key issues
regarding staff sexual misconduct, prevention of prison rape and the benefits of
implementation.
•
Supervisors in NJDOC institutions regularly make unscheduled tours of their facilities in
search of unusual or unwarranted circumstances or patterns of behavior.
•
All reports of possible violations are investigated thoroughly, and immediate action is
taken when violations are found. Violators are subject to appropriate internal disciplinary
action, up to and including termination. Furthermore, when appropriate, findings will be
referred to the office of the county prosecutors for prosecution.
•
Every NJDOC employee knows that if he or she acts in an unlawful manner, then he or
she is subject to the legal ramifications of that behavior.
•
Additional cameras have been installed in housing areas and throughout NJDOC facilities
to eliminate “blind spots” and to make staff and inmates aware that their actions are being
monitored.
Q: Inmates and experts have told me the main barrier to them reporting sexual abuse is a
fear of retaliation. Please explain the process by which an inmate can report an allegation
of sexual abuse and how that process safeguards against retaliation by custodial staff or
other inmates.
A:
a) All inmates receive both written and video materials detailing the department’s zero
tolerance for sexual abuse/harassment policy, along with PREA informational
handouts. Additionally inmates are issued facility-specific handbooks that include a
PREA section. Information on how to report an incident or allegation, along with
phone numbers for third-party and confidential reporting, also is included on
informational posters displayed throughout all NJDOC facilities.
b) PREA resource brochures outlining PREA rights and reporting are available to
inmates and family members, and are available on the NJDOC Web site
(www.state.nj.us/corrections).
c) The NJDOC has added technology that enables inmates to directly communicate with
the Special Investigations Division via the department’s JPay grievance and inquiry
system. Inmates are reporting suspicious activity to SID in a confidential manner.
Investigators are bound to abide by PREA regulations and notifications.
d) An inmate or a member of his or her family can call toll free or write to the Office of
the Ombudsman, which provides a fair and impartial medium within which inmates
can seek redress for issues and concerns. The office functions independently from the
NJDOC; this detachment enables the development of trust, confidentiality and
objectivity between the inmate and the ombudsman.
Q: Since 2010, how many times has DOC referred sexual abuse cases to the Hunterdon
County prosecutor or another law enforcement agency?
A:
2010: 3
2011: 0
2012: 5
2013: 1
2014: 4
2015: 1
2016: 5
Every unsubstantiated case, the prosecutor’s office is notified and given a copy of the
investigative report. Substantiated investigations are referred for prosecution.
Q: Since 2010, how many staff members at Edna Mahan have been fired for sexual
abuse? (Please break down by year.)
A:
2010: 3
2011: 0
2012: 0
2013: 0
2014: 0
2015: 0
2016: 5
Q: Since 2010, how many staff members across the entire DOC have been fired for sexual
abuse? (Please break down by year.)
2010: 5 (NOTE: One of these employees wasn’t actually terminated for sexual misconduct, but
is included because this individual was terminated as a result of the Melgar case.)
2011: 1
2012: 0
2013: 0
2014: 0
2015: 0
2016: 6
Q: Can you explain how the PREA reporting is done?
A: Inmates who have been victimized or who have knowledge of sexual abuse or harassment can
immediately report an incident of sexual abuse/harassment directly to any custody or civilian
staff member or utilize additional methods of reporting sexual abuse/harassment as defined in
NJDOC policy. This includes, but is not limited, to filing emergency grievance requests and the
use of third-party (family members, attorneys, outside advocates) to assist filing requests on
behalf of the inmate. Any allegation involving a PREA violation results in the opening of a
formal investigation by the NJDOC’s Special Investigation Division (SID).
Q: What sources are used to compile the data for the number of alleged instances?
A: The agency tracks information concerning sexual abuse/harassment using data from the
NJDOC SID staff and the department’s computerized data management program. As required
by PREA standard 115.87, the data collected includes the information necessary to respond to
the Department of Justice’s annual Survey of Sexual Violence.
Q: How does the department define a “substantiated” case? Does that mean substantiated
by the DOC or substantiated by a criminal investigation?
A: A substantiated allegation is an allegation that was investigated and determined to have
occurred. Utilizing uniform evidence protocols, the NJDOC’s SID staff conducts administrative
and criminal investigations and determines whether the case is substantiated, unsubstantiated or
unfounded. If, during the course of SID’s investigation, evidence surfaces indicating criminal
misconduct, the local law enforcement (who may assist) and the county prosecutor would be
contacted.
Q: How is sexual abuse defined?
A: Sexual abuse includes sexual abuse of an inmate by another inmate, staff member, contractor
or volunteer. This includes sexual acts if the victim does not consent, if the victim is coerced into
such an act by overt or implied threats of violence, or if the victim is unable to consent or refuse.
As a matter of law, an inmate cannot consent to sexual contact with a staff member.
Q: How has the prevalence of video cameras changed in Edna Mahan since 2010? Are
there more? How are they paid for? What areas, generally, do they cover?
A: In December 2011, the federal government provided a grant specifically dedicated to
installing additional cameras that would make NJDOC facilities, including Edna Mahan
Correctional Facility for Women, PREA compliant. In the interests of safety and security, we
cannot comment on the locations of the cameras.
Q: In 2010 — the year Melgar was fired — the DOC reported to the BJS that there were 8
allegations of sexual misconduct made against staff, 5 of which were substantiated. My
review of court records and the SID reports found at least a dozen women made claims
against Melgar. Another officer, CO Smalls, was also fired that same year over alleged
sexual contact with an inmate. What accounts for that discrepancy? Was Melgar’s alleged
conduct counted once because he is a single staff member, or multiple times because there
several victims? Were other staff members besides Melgar and Smalls fired in 2010 over
sexual abuse claims?
A: The Bureau of Justice Statistics, Survey of Sexual Violence for State Prison Systems requires
reporting of sexual misconduct, assault and harassment. Within the BJS Survey instructions,
allegations are counted once, even if there are multiple victimizations.