| VOLUSIA EXPOSED.COM |
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Are In-custody Sexual Assaults being properly investigated within the Volusia County Jail? Are jail policies being followed, regarding the prevention and investigation of in-custody sexual violence? Were jail officials attempting to hide public records attached to in-custody sexual assaults? Would these sexual assaults have been fully investigated under the now repealed FAC 33-8 inspection / investigative system? |
September 28, 2012 |
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BEING UNDER-INVESTIGATED? Are these investigations being conducted within the parameters of the jail's policies and procedures?
In August of this year (2012), VolusiaExposed posted the below linked article, detailing the alleged sexual assault of a jail inmate. This sexual assault was alleged to have occurred in July of 2012. Further, this sexual assault led to the filing of criminal charges against a known sexual predator.
In response to the recent (July 2012) sexual assault, VolusiaExposed.Com requested additional records regarding in-custody sexual assaults from the Volusia County Sheriff Department. VolusiaExposed.Com discovered that there had been four other alleged sexual assaults within the Volusia County Jail. (SPECIAL NOTE - the Volusia Sheriff Department does NOT manage the county jail) After a diligent review of the other four alleged sexual assaults, VolusiaExposed.Com made a public record request for an alleged sexual assault from July 2011 (one year prior to the recent assault). Volusia County Deputy Lecates documented his review / investigation into the incident (see below link to Deputy Lecates' report). Prior to examining those investigative reports, we suggest that our readers carefully read the jail's policies and procedures of how a sexual assault investigation is to be conducted. Notice that per jail policy 301.02 (see highlighted areas of the below web link) - jail staff is not to encourage that inmates fight in order to avoid sexual violence. Further notice that jail staff are not to discriminate in their investigation of sexual violence based on the alleged victim's sexual orientation. |
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In our opinion, such matters as sexual assaults and inmate in-custody deaths can NOT be honestly investigated internally. These types of incidents cry for an independent external investigation. Ironically, prior to 1997, such incidents within Florida jails were independently and externally investigated by the Florida State Prison Inspector, under the authority of Florida Administrative Code 33-8 (FAC 33-8).
In late 1996, the Florida Legislature, under fierce lobbying by some Florida Sheriffs and private correctional medical providers, repealed the FAC 33-8 inspection / investigative process. In it's place, the Florida Legislature gave these responsibilities to the Florida Sheriff's Association. The Florida Sheriff's Association developed an inspection process titled the Florida Model Jail Standards (FMJS).
In comparison, the FMJS is a extremely watered down version of the FAC 33-8 model. The FMJS system allows the county jails to self inspect each other, with little to no procedures to independently investigate such matters as in-custody deaths and sexual assaults.
Under the FAC 33-8 model, all jails were mandated to participate, however, under the FMJS model, participation is voluntary.
We invite you to review the below linked article (PDF format) for a better understanding of how the repeal of FAC 33-8 has negatively affected the entire Florida jail system.
Jail Oversight in Retrograde - The Pendulum Swings Right
In the end, the important issue is not whether these sexual assaults actually occurred or not. The issue is whether the jail properly processed / investigated these incidents, within the law and their own internal policies.
So what is your opinion? Should Florida jails continue to be allowed to "self-investigate" in-custody deaths and sexual assaults under the FMJS model or should the State of Florida return to the FAC 33-8 inspection model?
In late 1996, the Florida Legislature, under fierce lobbying by some Florida Sheriffs and private correctional medical providers, repealed the FAC 33-8 inspection / investigative process. In it's place, the Florida Legislature gave these responsibilities to the Florida Sheriff's Association. The Florida Sheriff's Association developed an inspection process titled the Florida Model Jail Standards (FMJS).
In comparison, the FMJS is a extremely watered down version of the FAC 33-8 model. The FMJS system allows the county jails to self inspect each other, with little to no procedures to independently investigate such matters as in-custody deaths and sexual assaults.
Under the FAC 33-8 model, all jails were mandated to participate, however, under the FMJS model, participation is voluntary.
We invite you to review the below linked article (PDF format) for a better understanding of how the repeal of FAC 33-8 has negatively affected the entire Florida jail system.
So what is your opinion? Should Florida jails continue to be allowed to "self-investigate" in-custody deaths and sexual assaults under the FMJS model or should the State of Florida return to the FAC 33-8 inspection model?
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If you found this article to be thought provoking, we (VolusiaExposed.Com) invite you to review, the below linked, Special Investigative Report, exposing law enforcement corruption with the State of Florida. SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION by Matthew Doig and Anthony Cormier Additional concerns surrounding the Volusia County Sheriff's Department Drop us a line to let us know what you think.  EMAIL US  |
and VCSO Press Releases The VCSO issued a press release on the Stewart-Marchman molestation incident - but did not issue a press release of a jail rape - why not? No VCSO Press Release on the Jail Rape incident? Rape at the Volusia Jail Stewart_Marchman molestation incident INFLUENCE THE JAIL'S RAPE INVESTIGATION? Nancye Jones' husband, VCSO Major Robert Jones, supervises the deputies that investigate possible criminal violations within the county jail. We have concerns that several criminal investigations have been possibly manipulated, in order to reduce the County of Volusia's civil liability. Our concern includes this particular in-custody sexual battery investigation, and the below listed situations. We invite you to review our concerns. Falsification of Documents by County Officials |