Sexual abuse, harassment allegations in jails across region are hard to prove, rarely substantiated

Jul. 1—GRAND FORKS — In March,

Grand Forks correctional officer Joseph Michael Hulst was charged with sexually abusing an inmate

.

Now awaiting trial, Hulst's case is an exception, since most allegations of sexual abuse in correctional facilities go unsubstantiated, and even fewer result in criminal charges.

"Many accusations come down to finger pointing," Casey Traynor, Prison Rape Elimination Act (PREA) coordinator for North Dakota, told the Grand Forks Herald.

The U.S. Department of Justice's most recent Survey of Sexual Victimization in Adult Correctional Facilities says 27,826 allegations were reported by facilities across the country in 2018, but approximately 6% (1,673) were substantiated.

According to data gathered by the Grand Forks Herald, that number is similar to the rate of substantiated cases at correctional centers in Grand Forks and other communities in the region.

At the Grand Forks County Correctional Center, there were 13 allegations of sexual harassment or abuse in 2022. Two were still under investigation at the time of the annual report, but none had been substantiated.

There were 13 unsubstantiated allegations in 2021. In 2020, there were nine allegations. One was still under investigation, but none had been substantiated.

A sexual harassment or abuse allegation is substantiated when an investigation determines the alleged events occurred, according to the North Dakota Department of Corrections and Rehabilitation.

If allegations are substantiated, it's typically because there's an abundance of evidence — such as witnesses or camera footage — or the acts were particularly egregious, according to Amy J. Stichman, associate professor at North Dakota State University.

"In a lot of facilities there's cameras everywhere, but there's also blind spots," Stichman said. "... (Inmates and staff) often know exactly where those blind spots are, which can make it more difficult to see physical evidence of an assault or abuse that occurred."

The trend of rarely substantiated allegations is generally consistent across other North Dakota facilities.

At the Cass County Jail, there were 20 allegations in 2022, and one was substantiated (5%). In 2021, there were 19 allegations, and four were substantiated (21%). There were 15 unsubstantiated allegations in 2020.

At the North Dakota State Penitentiary, a higher percentage of allegations were substantiated, but fewer allegations were made. There were seven allegations in 2022, and four were substantiated (57%). In 2021, there were 10 allegations, with two substantiated (20%). In 2020, there were 10 allegations, with four substantiated (40%).

PREA compliance managers are responsible for determining whether an allegation is substantiated, unsubstantiated or unfounded. They make this determination by working with the state PREA coordinator, considering the investigation's outcome and PREA definitions.

"There is a lot of trust that the facilities are doing what it is that they're supposed to do," Stichman said. "... They could play with the numbers, they could do things that are not just unethical, but potentially illegal."

PREA allegations are always expected to be investigated internally, but an external investigation may also be necessary. Some substantiated allegations result in criminal charges — such as in the case of former correctional officer Joseph Hulst.

After an inmate came forward with sexual abuse allegations in December, Hulst was investigated and admitted to having sexual contact with the Grand Forks County inmate, according to an affidavit in the case.

"(Staff) would never be fired for an allegation," said Bret Burkholder, Grand Forks County Correctional Center administrator. "... If it's substantiated, then it'll go through our normal process of what needs to be done, which could include up to a termination."

After the allegation was substantiated, Hulst was fired. He later was arrested for Class C felony sexual abuse of a ward.

This was the first substantiated allegation of sexual abuse or harassment at the GFCCC since 2018, according to the facility's annual PREA report.

PREA passed unanimously 20 years ago, but the final rule didn't come into effect until 2012.

PREA is designed to analyze sexual abuse and harassment in local, state and federal agencies; it also aims to provide resources and funding.

As of 2022, 21 states and the District of Columbia are in full compliance with PREA, meaning they provide all necessary documentation and complete independent audits, Stichman said. North Dakota is one of them.

There are 30 states and territories working toward compliance. Two states (Alaska and Utah) and two territories (the U.S. Virgin Islands and the Northern Mariana Islands) have no affirmation of compliance. Failure to comply results in reduced grant funding.

Each compliant state has a PREA coordinator who ensures the compliance manager at each facility has adequate resources. The responsibilities of a compliance manager include coordinating specialized training, safety precautions, mental health services and investigative procedures.

They also arrange an independent audit within every three-year cycle, the results of which are available to the public.

"I don't think (audits) can necessarily eliminate bias," Stichman said. "I do think it might be able to help. ... There's one organization that does audits for a number of different states, so they have kind of a financial interest in it."

Though this doesn't mean the audits are inherently unethical, there's a risk of bias when people's livelihoods depend on them, Stichman said.

Part of what PREA auditors look for when reviewing allegations is blind spots where there should be cameras, and whether staffing levels are adequate, since these are both key factors in investigating allegations.

At an inmate's orientation, they learn about PREA, their right to sexual safety and all the ways they can report an allegation.

"There's a lot of different avenues to get that information out," Traynor said.

The GFCCC has a memorandum of agreement with the Grand Forks County Sheriff's Office, so inmates can report their concerns to a third party.

"If it was a staff member or something, (the inmate) might be reluctant to report it to another staff member, but they can certainly reach out to the sheriff's department and go through that route," Burkholder said.

Since every situation is different, PREA doesn't have a standard for how allegations against staff should be handled, Traynor said.

"They don't want to write you into a corner," Traynor said.

Whoever is accused — inmate or staff — will be separated from the inmate who made the allegation. If the accused is a staff member, they may be placed on administrative leave.

PREA helps bring the issue of sexual harassment and abuse more into the forefront, Stichman said.

"It's no longer something that's being hidden behind these closed doors," Stichman said. "It's something that we have acknowledged as being a key problem, and that we need to do something to fix it."

According to Joey Pederson, administrator at the Northwest Regional Corrections Center in Crookston, PREA really provided guidance for his facility.

"If an incident is substantiated, there's a lot required within PREA in terms of providing resources to victims," Pederson said.

At the NWRCC, the number of reported incidents is very low. There were five allegations in 2022, one in 2021 and zero in 2020. None of the allegations were substantiated.

"I think that's a testament of a lot of things," Pederson said. "... Inmates see and realize we take it seriously if something is reported. ... Staff are also aware, and doing everything they can to align with (PREA)."

PREA has also had a positive impact at the Lake Region Correctional Center in Devils Lake, according to LRCC Capt. Dan Kraft.

"There's more education available — that's for staff and inmates," Kraft said.

At LRCC, there were five unsubstantiated allegations in 2022. In 2021, there were six allegations. Four were substantiated (66%). At the time of the report, there was one open investigation. In 2020, there were 10 PREA allegations. Three were substantiated (30%).

The North Dakota Department of Corrections and Rehabilitation tracks PREA allegations from the North Dakota Youth Correctional Center, James River Correctional Center, Missouri River Correctional Center, North Dakota State Penitentiary and — as of 2021 — the Heart River Correctional Center.

In 2022, there were 36 allegations across the five facilities, and 11 were substantiated (30.5%). In 2021, there were 25 allegations, and nine were substantiated (36%). In 2020, there were 28 allegations, and 11 were substantiated (39%).

PREA has enforced staffing ratios for juvenile facilities. In adult facilities, PREA requires adequate staffing, but doesn't define adequate, Stichman said.

"They kind of leave that up to the institution," Stichman said.

According to multiple agencies, under-staffing is a risk factor for incidents of sexual harassment and abuse. It also makes investigating allegations more difficult, Stichman said.

"The more eyes on a situation, the safer everyone's going to be," Traynor said. "You know, cameras are an OK substitute, and we try to have cameras everywhere we can, too. But, really, that ... ends up being forensic. You know, it helps us with an investigation, but it doesn't really make people safer."

The following graphic represents the number of sexual abuse allegations and substantiated cases at various correctional facilities in North Dakota and northwest Minnesota.

Grand Forks County Correctional Center

* 2022: 13 allegations, zero substantiated.

* 2021: 13 allegations, zero substantiated.

* 2020: Nine allegations, zero substantiated.

Cass County Jail (Fargo)

* 2022: 20 allegations, one substantiated.

* 2021: 19 allegations, four substantiated.

* 2020: 15 allegations, zero substantiated.

North Dakota Penitentiary (Bismarck)

* 2022: Seven allegations, four substantiated.

* 2021: 10 allegations, two substantiated.

* 2020: 10 allegations, four substantiated.

Lake Region (Devils Lake)

* 2022: Five allegations, zero substantiated.

* 2021: Six allegations, four substantiated.

* 2020: 10 allegations, three substantiated.

Northwest Region (Crookston)

* 2022: Five allegations, zero substantiated.

* 2021: One allegation, zero substantiated

* 2020: Zero allegations.