• Over-identifying with the inmate ("my inmate") or their issues (i.e. blind to inmate's actions
• Horse-play, sexual interaction between staff and inmates
• Inmates knowing personal information about staff
• Staff isolation from other staff
• Inmates has letters or photos of staff
• Staff granting special requests or showing favoritism
• Inmates in an unauthorized area, or repeatedly out of their assigned place
• Staff spending an unexplainable amount of time with an inmate
• Telephone calls to and from staff/inmates
• Inmate grape-vine, inmate snitches, inmate/staff rumors
• Staff in the facility during "off hours"
• Pregnancy or a diagnosis of STD
• Staff overly concerned about an inmate
• Drastic behavior change on the part of an inmate or staff
• Staff having sole involvement with a particular inmate
• Indispensable inmate: "Only one who can do this job."
• High/low number of inmate grievances
• Inmate wanting to go to work early or volunteering to stay late
• Staff confronting staff over an inmate
• Staff intercepting inmate disciplinary infractions or editing infractions
• Staff tracking outside inmate calls (number and content of call)
• Inmate improving his/her appearance, dress, make-up, hair
• Isolated posts/positions/work assignments
• Staff can't account for time
• Staff's family being involved with inmate's family
• Increase in contraband in an area
• Staff working in a secluded area with inmate(s)
• Staff taking inmates out of cell at unusual times 
• Staff in personal crisis (divorce, ill health, bankruptcy, death in family)
• Staff who consistently work more overtime that peers and who volunteers to work overtime
• Unusual balance, or activity, in an inmate's commissary account
• Staff having excessive knowledge about an inmate and his/her family
• Staff intervening, or helping with the inmate's personal life, legal affairs
• Staff sharing food or snacks with inmates
• Staff testifying for an inmate, requesting special treatment for an inmate
• Staff delegating their duties to inmates (supervisor of cleaning, assignments)
• Staff bringing in large amounts of food, soda, snacks
• Overhead conversations between staff and inmates which is sexualized in nature, or refers to the physical attributes of staff or inmates
• Inmate sexual activity

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Prior abuse within the inmate population,  a statistical report.

There are many characteristics that can affect how a person responds to threats, fear, and intimidation.   This is of particular relevance when analyzing the histories of men and women incarcerated in jails and correctional facilities.   The statistics that follow are vital  to understanding exactly why some inmates are more vulnerable to becoming involved with staff sexual misconduct.

Of State prison inmates surveyed,  more than 57% of all females and 16% of all males had experienced some form of sexual or physical abuse prior to their incarceration.  

Staff sexual misconduct with inmates is not an issue singularly affecting women inmates.   Incidents of misconduct cross gender boundaries for both staff and inmates.   However,   the statistics do indicate that the characteristics of female inmates,  make them more vulnerable to such incidents.      

• More than half of the women had been abused by spouses or boyfriends, and nearly a third by parents or guardians.

• More than half of the men had been abused by parents or guardians.

• 89% of all inmates reporting abuse had used illegal drugs, compared to 82% who had not been abused.

 Experts agree that substance abuse is an exceptionally common method of trying to disassociate oneself from traumatic lives.  Ironically,   the effects of substance abuse and the inability to deal with the emotional trauma of abuse,  only aggravate the psychological damage.

Sources:

Bureau of Justice Statistics,  Selected Findings report,  “Prior Abuse Reported by Inmates and Probationers”,  April 1999,  NCJ 172879]

Herman, Judith Lewis, M.D., Trauma and Recovery, Basic Books,  a division of Harper Collins Publishers,  1992.  

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Miranda v. Arizona, 384 U.S. 436 (1966):

If an investigation involves possible criminal allegations, and becomes accusatory, then Miranda rights apply to both parties. Those parties are protected from making self-incriminating statements under coerced conditions, and without proper legal advice and representation. 

When the investigation or interrogation reaches the point where the respondent may be making self-incriminating statements, he/she must be advised of their rights under the Constitution as determined by Miranda. 

It is highly recommended to include a written form, delineating the Miranda warning, signed by the respondent and witnessed by at least one investigator.

Garrity: v. New Jersey, 385 U.S. 493 (1967)

In Garrity, the Supreme Court decided a case where police officers were ordered and compelled by internal investigators, with authority of a N.J. statute, to give a statement about alleged conduct. The officers were told that if they did not make the statement, they would lose their jobs. The officers gave the statements, which were later used to incriminate them in a criminal prosecution. The court found that states have the right to compel such statements as a condition of employment, but such statements cannot be used against officers in criminal prosecutions. What does this mean for law enforcement and corrections personnel?

• Statements can only be compelled as a condition of continued employment if there is immunity from using the statements to self-incriminate in criminal court. 

• If the respondent staff member is granted immunity, but refuses to answer specific questions as part of an administrative inquiry, directly related to official duties, the respondent may be dismissed or suffer disciplinary consequences for failing to answer.

• If the respondent staff member is granted immunity from criminal prosecution, and the statement given provides probable cause, administrative sanctions are allowed.

It is highly recommended that Garrity warnings be given in writing and signed by the respondent staff member with at least one witness.

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