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(n) Inmates, residents, and detainees shall be permitted to send confidential information or <br />correspondence to the auditor in the same manner as if they were communicating with legal <br />counsel. <br />(o) Auditors shall attempt to communicate with community -based or victim advocates who may <br />have insight into relevant conditions in the facility. <br />28 C.F.R. § 115.402 Auditor qualifications. <br />(a) An audit shall be conducted by: <br />(1) A member of a correctional monitoring body that is not part of, or under the authority of, the <br />agency (but may be part of, or authorized by, the relevant State or local government); <br />(2) A member of an auditing entity such as an inspector general's or ombudsperson's office that <br />is external to the agency; or <br />(3) Other outside individuals with relevant experience. <br />(b) All auditors shall be certified by the Department of Justice. The Department of Justice shall <br />develop and issue procedures regarding the certification process, which shall include training <br />requirements. <br />(c) No audit may be conducted by an auditor who has received financial compensation from the <br />agency being audited (except for compensation received for conducting prior PREA audits) <br />within the three years prior to.the agency's retention of the auditor. <br />(d) The agency shall not employ, contract with, or otherwise financially compensate the auditor <br />for three years subsequent to the agency's retention of the auditor, with the exception of <br />contracting for subsequent PREA audits. <br />28 C.F.R. § 115.403 Audit contents and findings. <br />(a) Each audit shall include a certification by the auditor that no conflict of interest exists with <br />respect to his or her ability to conduct an audit of the agency under review. <br />(b) Audit reports shall state whether agency -wide policies and procedures comply with relevant <br />PREA standards. <br />(c) For each PREA standard, the auditor shall determine whether the audited facility reaches one <br />of the following findings: Exceeds Standard (substantially exceeds requirement of standard); <br />Meets Standard (substantial compliance; complies in all material ways with the standard for the <br />relevant review period); Does Not Meet Standard (requires corrective action). The audit <br />summary shall indicate, among other things, the number of provisions the facility has achieved at <br />each grade level. <br />CITY OF SANTA ANA PREA 2019 AGREEMENT WITH EVINGER AND ASSOCIATES <br />10 <br />